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Home My WebLink AboutO-13367City of Miami Legislation Ordinance: 13367 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-01452 Final Action Date: 3/14/2013 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 53/ARTICLE I/ OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STADIUMS AND CONVENTION CENTERS/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 53-1, ENTITLED "TICKET SURCHARGE ON PAID ADMISSIONS TO EVENTS", TO INCLUDE CITY OF MIAMI ("CITY") OWNED MARINAS AS CITY FACILITIES FOR PURPOSES OF REQUIRING A TICKET SURCHARGE ON PAID ADMISSIONS TO SIGHTSEEING BOAT TOURS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Code of the City of Miami, Florida, as amended ("City Code"), sets forth the rates and charges for use of the City of Miami ("City") owned Miamarina at Bayside; and WHEREAS, the Department of Public Facilities ("Department") recommends establishing a ticket surcharge for admissions to sightseeing boat tours at City -owned marinas; and WHEREAS, a study by the Department has determined the surcharge to be reasonable, with the potential to generate monies for operations, maintenance, and capital related improvements for City marinas; and WHEREAS, the Department further recommends that a fulltime Assistant Marinas Manager position be created to properly monitor and collect the new ticket surcharge revenue, thus increasing the Department's table of organization by one position; and WHEREAS, the City Commission deems it advisable and in the best interest of the City to amend the City Code by establishing a ticket surcharge on paid admissions to sightseeing boat tours at City -owned marinas; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. Chapter 53/Article I/Section 53-1 of the City Code, as amended, entitled "Stadiums and Convention Centers/In General/Ticket surcharge on paid admissions to events", is amended in the following particulars:{1} "CHAPTER 53 STADIUMS AND CONVENTION CENTERS City of Miami Page 1 of 4 File Id: 12-01452 (Version: 2) Printed On: 8/23/2017 File Number: 12-01452 Enactment Number: 13367 ARTICLE I. IN GENERAL Sec. 53-1. Ticket surcharge on paid admissions to events. (a) Applicability. (1) To certain facilities. A ticket surcharge shall be imposed against all paid admissions to city -owned facilities, including, without limitation, the Orange Bowl Memorial Stadium the Marine Stadium, the Coconut Grove Expo Center, the Miami Convention Center, and the Bayfront Park Amphitheater, and on tour boats operating at Miamarina at Bayside. Said surcharge shall additionally apply where admission is charged for events conducted in city parks, facilities therein, and/or community centers. However, no ticket surcharge shall be imposed upon any event held at the Manuel Artime Community Center, regardless of paid admissions. Unless specifically exempted below, and for the purposes of this section, "events" shall include activities, programs, concerts, festivals, parties, meetings and other gatherings for whatever social, entertainment, cultural, sport or other purpose and for which attendees are expected to pay or make a donation in order to attend. The application of the ticket surcharge shall commence upon the effective date of this section, except for those events for which advance ticket sales have the prior approval of the city manager, or designee. (2) Exemptions. The following activities as defined herein shall be exempted from the application of the ticket surcharge on paid admissions: a. Banquets: Official celebratory or ceremonial dinners with speeches that honor or memorialize particular person(s) or occasion(s) and are held by organizations or groups for their members, delegates, representatives and invited guests. b. Conferences: Participatory meetings designed for discussion, fact finding, problem solving, and/or consultation between members, representatives, delegates and/or other affected parties of organizations on related issues. c. Consumer shows: Exhibitions of related products and/or services that are open to the public. d. Conventions: Formal assemblies or meetings of members, delegates, and representatives of an organization or group, such as a political party, fraternal society or business/professional association, that are convened for a common purpose. e. Trade shows: Exhibitions of products and/or services that are not open to the public but are open only to particular members, representatives, businesses and/or groups involved in a specific trade. Additionally, said surcharge shall not apply to the International Boat Show., the Orange the city police department. (b) Rate of surcharge. Notwithstanding contractual agreements to the contrary, the rate of the ticket surcharge shall be dependent upon the price of admission charged to attendees of a City of Miami Page 2 of 4 File Id: 12-01452 (Version: 2) Printed On: 8/23/2017 File Number: 12-01452 Enactment Number: 13367 given event, as established by the sponsor or promoter of said event, as follows: Price of Admission (or suggested donation) Ticket Surcharge $1.00-$14.99 $0.75 $15.00-$29.99 $1.00 $30.00 and up $2.00 The ticket surcharge shall apply in addition to the actual admission price and shall be exclusive of any applicable taxes and/or service charges. Each charge shall be itemized and shown separately on each ticket. (c) Collection, accounts and payment. The sponsor or promoter of each event or tour operation shall be responsible for the collection of the ticket surcharge, which shall be recorded and listed as a separate item in the statement of accounts for said event or tour operation. Such records and accounts shall be maintained and available in accordance with all applicable city requirements and Code provisions. Payment of the ticket surcharge to the proper city authorities shall be made as soon as reasonably possible after the conclusion of the event or tour operation along with any and all other sums which may be due the city, and in no case shall be permitted to remain unpaid longer than three sixty (60) working calendar days after the event and in all cases land facility venue cases, shall be paid prior to the holding of another subsequent event by the same sponsor. Receipts from said surcharge shall be retained by or used as subsidy for the facility, Of marina or park from which they are generated to augment its operating or capital budget. *II Section 3. If any section, part of a section, paragraph, clause, phrase of work of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} Footnotes: City of Miami Page 3 of 4 File Id: 12-01452 (Version: 2) Printed On: 8/23/2017 File Number: 12-01452 Enactment Number: 13367 {1}Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2}This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 4 of 4 File Id: 12-01452 (Version: 2) Printed On: 8/23/2017