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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM Second Reading File ID: #3137 Date: 10/24/2017 Commission Meeting Date: 02/22/2018 Type: Ordinance Subject: Amend Code - Chapters 31, 39 and 57 - BTR Process PURPOSE OF ITEM: Requesting Department: Department of Finance Sponsored By: District Impacted: All It is respectfully recommended that the Miami City Commission adopt the attached Ordinance, amending sections of Chapter 31 of the Code of the City of Miami, as amended, entitled, "Local Business Tax and Miscellaneous Business Regulations; and Chapter 39 of the Code of the City of Miami, Florida, as amended, entitled, "Peddlers and Itinerant Vendors"; amending Chapter 57 of the Code of the City of Miami, Florida, as amended, entitled, "Vehicles for Hire"; containing a severability clause, and providing for an immediate effective date. BACKGROUND INFORMATION: The City Administration has identified significant challenges related to the City's complex business tax receipt procedure. In order to streamline the process, and reduce duplicity of efforts amongst departments, the current business tax receipt process, including processes that are ancillary to obtaining a business tax receipt, should work directly with the Code Compliance Department. This Ordinance is in the best interest of the residents and businesses of the City, as it promotes better time efficiency and quality improvement. Budget Impact Analysis Item has NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A City Commission Nicole Ewan Department of Finance Erica T Paschal Office of Management and Budget Donovan Dawson Reviewed B Meeting Department Head Review Budget Analyst Review Completed Completed Completed 11/16/2017 9:00 AM 12/19/2017 2:12 PM 12/26/2017 12:13 PM City of Miami File ID: 3137 (Revision:) Printed On: 3/28/2025 Office of Management and Budget Christopher M Rose Budget Review Completed 12/27/2017 4:59 AM City Manager's Office Fernando Casamayor Assistant City Manager Review Completed 01/10/2018 4:31 PM City Manager's Office Fernando Casamayor City Manager Review Completed 01/10/2018 4:39 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 01/10/2018 4:51 PM Office of the City Attorney Barnaby L. Min Deputy City Attorney Review Completed 01/16/2018 3:04 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 01/16/2018 5:55 PM City Commission Maricarmen Lopez Meeting Completed 01/25/2018 9:00 AM City Commission Nicole Ewan Meeting Completed 02/22/2018 9:00 AM Office of the Mayor Mayor's Office Signed by the Mayor Completed 03/02/2018 4:39 PM Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 03/02/2018 4:53 PM Office of the City Clerk City Clerk's Office Rendered Completed 03/02/2018 4:53 PM City of Miami File ID: 3137 (Revision:) Printed On: 3/28/2025 City of Miami Legislation Ordinance Enactment Number:13745 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3137 Final Action Date: 2/22/2018 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 31 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS," CHAPTER 39 OF THE CITY CODE, ENTITLED "PEDDLERS AND ITINERANT VENDORS," AND CHAPTER 57 OF THE CITY CODE, ENTITLED "VEHICLES FOR HIRE," TO CREATE A MORE EFFICIENT AND STREAMLINED PROCESS BY TRANSFERRING OVERSIGHT OF THE BUSINESS TAX RECEIPT APPLICATION PROCESS FROM THE FINANCE DEPARTMENT TO THE CITY MANAGER OR DESIGNEE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, there is a need to streamline the Business Tax Receipt ("BTR") application process for businesses in the City of Miami ("City"); and WHEREAS, the unit currently handling the applications and approvals of BTR applications is part of the City's Finance Department ("Finance"); and WHEREAS, BTR applications are required to pass inspections by the Code Compliance Department ("Code Compliance") in order to obtain approval for the issuance of a BTR; and WHEREAS, allowing the current BTR application unit to work directly with Code Compliance and more easily with any other involved departments will allow for a more effective and streamlined service for local businesses; and WHEREAS, this legislation is in the best interest of the residents and businesses of the City as it promotes efficiency; 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 if fully set forth in this Section. Section 2. Chapter 31 of the City Code is hereby amended in the following particulars:1 "CHAPTER 31 LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS 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. City of Miami File ID: 3137 (Revision:) Printed On: 3/28/2025 Sec. 31-35. - Application procedure; grounds for denial. (a) Form. No BTR shall be issued or granted to any applicant to engage in any business or in the practice or pursuit of any profession or occupation coming within the categories mentioned in section 31-50 herein, unless the applicant shall first make application and complete an application form stating the following: (1) The name of the applicant. (2) Where applicable, the business address where the applicant has obtained a valid and current certificate of use from the department of planning, building and Office of zoning for the business activity which the applicant seeks to engage in. The name of the business, including, without limitation any fictitious name issued under the fictitious name statute of the State of Florida. (3) (4) In the initial application state whether the applicant has ever had any BTR issued under this article revoked or suspended. (5) The application form shall have the following language: STATEMENT: This information is given freely and voluntarily, and all the facts, figures, statements contained in this application are true and correct. (6) The applicant shall sign the application. (7) The application shall contain a section designated "emergency locator." The applicant shall fill out as part of the BTR application the resident address and resident phone number of the owner and manager or other local persons to be notified in case of fire or other emergencies. Any changes in such information during the period for which the BTR Holder is issued shall be made to the BTR division, in writing. (8) The applicant shall furnish all other information requested by the financc department City Manager or designee as deemed necessary for its determination of the appropriate BTR and the amount of said BTR applicable thereto. (b) Grounds for denial. Grounds for denial of the issuance of a BTR shall include: (1) The applicant has materially misrepresented or failed to include the information mandated by this article in the application. (2) The applicant, individual, partnership, or other incorporated or unincorporated business entity desiring to engage in the business applied for in this application currently has that BTR under suspension or revocation. The applicant, individual, partnership or other incorporated or unincorporated business entity desiring to engage in the business as described in the application has not provided the finance department City Manager or designee with a valid and current certificate of use from the planning, building and Office of zoning department. (4) The applicant, individual, partnership or other incorporated or unincorporated business entity desiring to engage in the business as described in the application is the subject of code enforcement procedures, a state law or county violation, or a violation of the zoning ordinance or other city ordinance, where the applicant's business enterprise is located or is to be located. Said BTR shall be withheld by the finance director City Manager or designee until such time as said violation is corrected and all attendant fines are paid in full, or the code enforcement board, a special master, or a court of competent jurisdiction issues an order directing the issuance of the BTR. (c) Any person whose application for a BTR has been denied by the finance director City Manager or designee under this section or under section 31-41 may, by appropriate written (3) City of Miami File ID: 3137 (Revision:) Printed On: 3/28/2025 petition to the department of hearing boards, seek a hearing pursuant to section 31-49. The request for a hearing must be made within 30 days after the notice of denial by the financc director City Manager or designee, is submitted to the applicant. (d) BTR issued. The BTR shall have the name of the finance director City Manager or designee imprinted thereon. Sec. 31-37. - Duration. No BTR under this article shall be issued for more than one year. The financc department City Manager or designee shall not issue a BTR to any individual, partnership, or other incorporated or unincorporated business entity whose local BTR for a specified business activity at a particular location has been suspended during such period nor to any individual, partnership, or other incorporated or unincorporated business entity whose BTR for a specified business activity at a particular location has been revoked until the expiration of such revocation imposed under the provisions of this article. Sec. 31-40. - Renewal of BTR. (a) BTR renewals shall be due and payable and expire on September 30. Those BTR not renewed by September 30 shall be considered delinquent and subject to a delinquency penalty as provided in subsection 31-39(a). (b) The finance director City Manager or designee is authorized to renew BTR upon receipt of a substantially completed renewal application form, certificate of use issued by the departments of planning, building and Office of zoning; with or without the applicant's signature, provided that payment of the necessary BTR accompanies the renewal form. Sec. 31-41. - Grounds for nonrenewal. The following constitute adequate grounds for the finance director City Manager or designee to deny renewal of a BTR: (1) The BTR holder has an unpaid balance for the previous year's or years' BTR; (2) The BTR holder has materially misrepresented or failed to include the information required by this article to be included in the BTR application form; (3) The BTR holder subsequent to being issued a has been convicted of, or has pled guilty to, a violation of a law of this state, or ordinance of the county or ordinance of the city, which violation occurred as a part of the main business activity approved and not merely incident thereto; (4) The BTR holder is conducting business from premises which do not possess a valid and current certificate of occupancy issued by the planning, building and zoning department; (5) The BTR holder is conducting business from premises which do not possess a valid and current certificate of use issued by the planning, building and Office of zoning department; (6) The BTR holder is conducting business from the proposed premises and is not in compliance with a zoning ordinance or other city ordinance. City of Miami File ID: 3137 (Revision:) Printed On: 3/28/2025 (7) The BTR holder has obtained a permit, certificate or BTR, including a BTR issued pursuant to this article, by misleading, and/or deceptive information or making false statements that were relied upon by the city or an employee operating in an official capacity in issuing the above -mentioned permit(s), certificate(s) or BTR(s); or (8) There is a pending judgment, order, injunction or decree entered by a court or tribunal of competent jurisdiction against said from engaging in the activity for which he seeks a BTR renewal. Sec. 31-42. - Refunds. (a) The finance director City Manager or designee is hereby authorized and empowered to refund any money paid for a BTR under this article only when an overpayment is found to exist or there has been payment for a BTR. (b) All requests for refunds must be in writing and may be granted upon presentation of the original BTR in question when applicable and documenting evidence supporting the request for refund as may be required by the finance director City Manager or designee. (c) All refunds applied for pursuant to this section may be requested within one year from the date the original BTR became due and shall be barred if not so presented. Sec. 31-43. - Transferability. (a) Upon payment of a transfer fee up to ten percent of the annual BTR but less than $3.00 or not more than $25.00, all BTRs issued by the city shall be transferable with the approval of the finance director or his City Manager or designee, except as otherwise prohibited by this chapter, when there is a bona fide sale and transfer of the property used and employed in the business as stock in trade, and not otherwise; provided that the seller of the business shall present the local BTR to the finance department City Manager or designee with an endorsement assigning all right, title and interest to the purchaser, and the purchaser shall produce a properly executed bill of sale showing the transfer of stock from the person licensed to the purchaser. Upon payment of a transfer fee of up to ten percent of the annual licensed tax, but not less than $3.00 or not more than $25.00, BTR may be transferred from one location to another, provided that a written request for such transfer and the BTR to be transferred shall first be presented to the finance department City Manager or designee for approval of such transfer along with a current and valid certificate of use for the complying activity at the new location. (b) This section shall not apply to cabaret and nightclub BTRs, and such BTRs shall be issued as new or original BTR upon a change of complyee, without requiring payment of new BTR taxes. Sec. 31-44. - Replacing lost or destroyed BTR. For the purpose of replacing any mutilated, destroyed or lost BTR granted by the city, the finance director City Manager or designee is hereby authorized to issue an appropriate duplicate BTR upon the submittal of evidence satisfactory to the director that the original BTR was mutilated, destroyed or lost and upon the payment to the city by the holder of the sum of $1.00 for each such duplicate BTR issued. City of Miami File ID: 3137 (Revision:) Printed On: 3/28/2025 Sec. 31-45. - Authority to request proof of inventory; inspection; estimates. (a) The finance director City Manager or designee, including BTR inspectors, is hereby allowed to request from a BTR holder or applicant proof of his inventory, including an affidavit or notarized statement from the BTR holder or applicant of the value of his inventory, for purposes of compliance by the BTR holder or applicant, as applicable, with this article. (b) The finance director City Manager or designee, including BTR inspectors, is authorized to inspect the business premises and business books and records of a BTR holder or applicant in the event they determine, in their reasonable discretion, that they need to estimate the amount of inventory or determine its value for purposes of compliance with this article and to determine the type of business being conducted. Sec. 31-49. - BTR enforcement. (a) Any entity who has not strictly complied with the provisions of this chapter shall be subject to the enforcement procedures as set forth herein: Enforcement may be made in accordance with City Code chapter 2, article X, Code enforcement and any other remedies as provided by law, including but not limited to, an action in the circuit court. (b) Obstructing a revenue collections inspector in the performance of duties. (1) Whoever opposes, obstructs, or resists the revenue collections BTR inspector or other person authorized by the finance department City Manager or designee, in the discharge of his or her duty, as provided in this section, shall be guilty of a violation of this chapter, and, upon conviction thereof, shall be punished as provided in section 1 - 13. (2) Revenue collections BTR inspectors may notify the city police department immediately when in their judgment they feel threatened. (c) In addition to any other remedies provided by this chapter or any other city ordinance, the finance department City Manager or designee shall have judicial remedies available for violations of this chapter or any other lawful rule or regulation promulgated hereunder as enumerated below but not limited to: (1) Institution of a civil action in a court of competent jurisdiction to establish liability and to recover damages for any costs incurred by the city in conjunction with the abatement of any condition prohibited by the provisions of this chapter. (2) Institution of a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with the terms of this chapter or any rule or regulation promulgated hereunder, to enjoin and prohibit said violation or to compel the performance of actions which will result in compliance with the terms of this chapter. (d) These remedies are cumulative, and the use of any appropriate remedy shall not constitute an election of remedies by the finance department City Manager or designee. The use of one remedy shall not preclude the use of any others. Sec. 31-77. - Security requirements. The city adopts by reference the convenience business security requirements provided in F.S. § 812.173, as if fully set forth herein, as that statute may be amended from time to time. All code Compliance inspectors, as defined in this Code, may act as BTR inspectors and are City of Miami File ID: 3137 (Revision:) Printed On: 3/28/2025 authorized and directed to enforce the provisions of said statute and the provisions of this article. Sec. 31-78. - Training of employees. The city adopts by reference the training requirements provided in F.S. § 812.174, as if fully set forth herein, as that statute may be amended from time to time. All code Compliance inspectors, as defined in this Code, may act as BTR inspectors and are authorized and directed to enforce the provisions of said statute and the provisions of this article. Section 3. Chapter 39 of the City Code is hereby amended in the following particulars:1 "CHAPTER 39 PEDDLERS AND ITINERANT VENDORS Sec. 39-28. - BTR required. It shall be unlawful to sell, or offer for sale, any food, beverage, service or merchandise on any street, alley, sidewalk, or public park within the city from any wagon, truck, auto, pushcart, vehicle or by any other means upon the streets, sidewalks, or alleys of the city until the proper BTR has been issued by the department of finance City Manager or designee, at which time a metal or plastic tag shall be furnished, upon which tag shall be the words describing the kind of vendor, and the year for which the BTR is paid. Such tag shall be, at all times during the period for which the BTR is paid, securely affixed and attached in a conspicuous place on the left side and upon the stand, wagon, truck, auto, pushcart, or other vehicle used in the business by the vendor or wholesale peddler. Sec. 39-31. - Issuance. Not later than 30 days after the filing of a completed application for a vendor's license, the applicant shall be notified by the finance department City Manager or designee for the decision on the issuance or denial of the BTR. Failure of the finance department City Manager or designee to place notification of said decision in the mail or personally notify the applicant with acknowledgment shall require immediate issuance of the requested license to the applicant. The public works director or designee shall consider the standards set forth in sections 39-32 through 39-43, in determining whether to recommend to the finance director City Manager or designee that a BTR be issued. If the issuance of the BTR is approved, the finance department City Manager or designee shall issue the BTR. If the BTR is denied, the applicant shall be provided with a statement of the reasons therefor, which reasons shall be entered in writing on the application. The applicant shall be entitled to a hearing, pursuant to section 39-46. A BTR issued pursuant to this action is valid for a period as prescribed in section 31-37. Section 4. Chapter 57 of the City Code is hereby amended in the following particulars:1 "CHAPTER 57 VEHICLES FOR HIRE City of Miami File ID: 3137 (Revision:) Printed On: 3/28/2025 ARTICLE II. — NONMOTORIZED VEHICLES FOR HIRE Sec. 57-27. - Local business tax receipt. (a) Requirement; tag. It shall be unlawful to operate any vehicle on any street, alley, sidewalk, or public park within the city until the proper local business tax receipt, as set forth in city code chapter 31, has been issued by the department of financo City Manager or designee, at which time a metal or plastic tag shall be furnished, upon which tag shall be the words describing the kind of local business tax receipt, and the year for which the local business tax receipt is paid. Such tag shall be, at all times during the period for which the local business tax receipt is paid, securely affixed and attached in a conspicuous place on the left rear of each vehicle covered under the local business tax receipt. (b) Application. The local business tax receipt referred to in subsection (a) hereof shall be issued in accordance with chapter 31 of the city code. The application for a local business tax receipt, which application may be received as early as June 1 prior to the commencement of a license year which extends from September 30 to October 1, shall include the following, in addition to information required by the city Code: (1) Name, home and business address of the applicant and the name and address of the owner, if other than the applicant, of every vehicle to be used in the applicant's business. (2) The name, address, telephone number and form of business. If the applicant is a corporation, it shall also state the names, addresses and occupations of its officers, directors and major stockholders, and the names and addresses of any parent or subsidiary companies, the date and place of incorporation, and, if incorporated outside of the State of Florida, whether or not it is qualified to do business within the State of Florida. If the applicant is a corporation controlled by another corporation, the names, addresses and occupations of the officers, directors and major stockholders of the controlling corporation shall also be stated. If the applicant is a partnership or other unincorporated association, the names and addresses of each member, whether active or inactive, shall be set forth, and if one or more partners or members are corporations, the names and addresses and occupations of such corporations' officers, directors and major stockholders shall also be stated. Evidence of registration of a fictitious name or trade name, if any, under which the applicant proposes to do business. (3) A description of the proposed service to be provided by the applicant including the area of the city to be covered and times of operation. (4) A description and photograph of the type of vehicle to be used in the operation of the business. The photograph shall accurately represent the vehicle in an operational mode. (5) A certificate of inspection as required by section 57-29 hereof. (6) A certificate of insurance as required by subsection (h) hereof. (7) The proposed location of the business office for the vehicle operation, the proposed location for storage of the vehicles and the proposed location for sheltering or stabling of the animals. (c) Issuance. (1) Not later than 60 days after the filing of a completed application, and obtaining all applicable approvals and certificates for a vehicle local business tax receipt, the finance department City Manager or designee shall issue the local business tax receipt. If the local business tax receipt is denied, the applicant shall be provided with a statement of the reasons therefor, which reasons shall be entered in writing on the application. (2) Upon receipt and acceptance of a completed application for a local business tax receipt, the finance department City Manager or designee shall forward a copy of said City of Miami File ID: 3137 (Revision:) Printed On: 3/28/2025 application to the police department. For all local business tax receipts covering non- human -powered, nonmotorized vehicles, the finance department City Manager or designee shall also forward copies of said application to the public works department, and the director of the department of off-street parking. Each official shall evaluate the application for public health, safety and welfare concerns as pertains to his/her department. If the applicant's plan for service meets with the official's approval, he/she shall report said approval in writing to the director of the finance department City Manager or designee. If said plan or application does not meet with the approval of the reviewing official, he/she shall report such disapproval to the applicant and to the director of the finance department City Manager or designee with the reasons for disapproval listed in writing. Should the application be disapproved by the chief of police, the director of the department of public works, or the director of the department of off-street parking, the application for local business tax receipt shall be denied, and no local business tax receipt to operate the business shall be issued to the applicant. (3) Any applicant whose application for a permit has been denied may, within 30 days after said denial, appeal in writing to the city commission, which shall schedule a hearing thereon within 45 days after receipt of said appeal. (d) Denial, suspension and revocation. Any local business tax receipt issued hereunder may be denied, suspended or revoked in accordance with the procedures contained in city code chapter 31 for the following reasons: (1) Fraud or misrepresentation contained in the application for the local business tax receipt. (2) Where any operator has failed to comply with any of the provisions of this article or has willfully or knowingly violated any such provision. (3) Where any operator has conducted the licensed business in such manner so as to create a public nuisance, or endanger the public health, safety or welfare or, knowingly and unnecessarily, impede the flow of vehicular or pedestrian traffic. (e) No unlicensed driver permitted. No operator holding a business tax receipt under this article shall knowingly permit any vehicle operated under such local business tax receipt to be driven, or propelled, except by a chauffeur holding a current driver's license issued by the Florida department of highway safety and motor vehicles. (f) Compliance with laws required. Every applicant shall comply fully with all ordinances, rules, and regulations of the city, Dade County, and all statutes of the State of Florida, applicable thereto during the local business tax receipt period. (g) Renewal; duplicates. (1) All local business tax receipts are valid for the entire licensing period unless revoked or suspended prior to expiration. Application to renew a local business tax receipt shall be made no later than 30 days before the expiration of the current local business tax receipt; said application shall comply with all provisions required for issuance of local business tax receipts. (2) If a local business tax receipt issued under this section is lost or destroyed, the local business tax receipt holder may obtain a duplicate upon payment of a $10.00 service charge. (h) Insurance. For each vehicle there shall be maintained a policy or policies of liability insurance applicable to the type of vehicle licensed with at least a combined single limit for bodily injury or property damage liability of $500,000.00 per occurrence. A certificate of insurance indicating the liability amounts and the policy period must be on file i with the finance department City Manager or designee prior to issuance of a local business tax receipt. The certificate should indicate that coverage extends to or beyond the licensing period. City of Miami File ID: 3137 (Revision:) Printed On: 3/28/2025 ARTICLE III. — PEDICABS FOR HIRE Sec. 57-32. - Definitions. Director is defined as the director of finance of the City of Miami, unless the director of public works unless otherwise is -specified. Sec. 57-34. - Annual pedicab decal; pedicab decal fee; required insurance. (a) It shall be a violation for any person to operate a pedicab upon the streets of the city unless the pedicab owner has first obtained a decal as defined herein. This decal is issued upon a showing of compliance with this article and chapter 31 of the City Code. (b) Such decal shall, at all times during the annual, one-year period for which it is valid, be securely attached to a clearly visible place on the left rear portion of the pedicab for which it was issued. Each decal shall be valid when issued by the finance department City Manager or designee and remain valid, regardless of issue date, until September 30th of the fiscal year in which it was issued. In addition to the decal fee, an applicant wishing to operate a pedicab without advertising shall submit an annual regulatory business fee of $250.00 per pedicab to defray the city's time, costs, process and expense necessary in administering the pedicab program under this article. An applicant wishing to operate a pedicab with advertising shall submit an annual regulatory business fee in the amount of $500.00 per pedicab for the cost of administering the program, as well as the privilege of utilizing the streets for private advertising purposes. The fees imposed by this chapter are in addition to any additional business tax receipt(s) or decal fees that may be required by the financo department City Manager or designee for conducting any advertising activities. Fees shall not be prorated. (c) Prior to obtaining a decal the pedicab owner shall submit a completed package with all applicable signatures to the finance department City Manager or designee. In addition to the above, the following information must be included with the submittal: Pedicab vehicular information, pedicab reference form provided by the finance department City Manager or designee, copy of a current and valid Florida Driver's License for the applicant, list of all pedicab drivers, copy of current and valid Florida Driver's License for each pedicab driver, decal fee, and a drawing detailing routes and other pertinent technical information required by the public works department. Sec. 57-38. - Number of pedicabs permitted; restrictions on monopolies. (a) No more than 100 decals will be issued and no more than 100 pedicabs, shall be permitted to operate within the city, on a city wide basis (excepting prohibited streets) at any time. (b) Decals will be issued by the director of finance City Manager or designee to eligible persons who meet all the requirements of this article and other applicable laws on a first come first serve basis. (c) No one person as that word is defined in section 57-26 of this article may be the recipient of more than ten pedicab decals at any one time. (d) No subsidiary, parent, or affiliated company (for purposes of this article meaning any company that has interlocking directors or officers, or any of the same person or directors or officers, or any person who owns five percent or more of the stock of the company) of any person who has current decals may operate a pedicab business in the city under this article. City of Miami File ID: 3137 (Revision:) Printed On: 3/28/2025 Sec. 57-39. - Driver's permit and related requirements. (a) It shall be a violation for any person to operate a pedicab in or upon any street in the city unless such person has a valid Florida Driver's License in compliance with F.S. Chapter 322, as amended, and is at least 18 years of age. (b) A copy of the driver's license of the pedicab driver shall be affixed to the pedicab in a location which is clearly visible from the passenger compartment of the pedicab. (c) Each pedicab driver shall maintain, at all times, a current mailing address on file with the finance department/ City Manager or designee. (d) The mere existence of a driver's license is not an allowance to operate a pedicab under this article. The decal must be active, current, in good standing and correct. Sec. 57-46. - Special events operation. The city commission may, by resolution, designate a particular event taking place in the city as a special event. During a special event period, which shall not be longer than 15 days, pedicab owners within the particular area described in the resolution shall be subject to all of the requirements set forth in the Code for pedicab operations, except as follows: (1) All pedicab drivers are required to have on their person a current driver's license issued by any state within the United State of America. (2) Proposed routes must be approved in writing by the public works director or designee. If the proposed route is within the boundaries of the particular area described in the resolution, and the public works director or designee fails to approve the proposed route within five business days following receipt, the route shall be deemed approved. (3) Any applicant wishing to operate a pedicab with advertising shall pay a regulatory business fee in the amount of $100.00 per pedicab for the cost of administering the program, as well as the privilege of utilizing the streets for private advertising purposes during the special event. This fee shall be in addition to any business tax receipt(s) or decal fees that may be required by the finance department City Manager or designee for conducting any advertising activities. (4) Prior to obtaining a decal the pedicab owner shall submit a completed package with all applicable signatures to the finance department City Manager or designee. In addition to the above, the following information must be included with the submittal: Pedicab vehicular information, pedicab reference form provided by the finance department City Manager or designee, copy of a current and valid driver's license for the applicant, list of all pedicab drivers, copy of current and valid driver's license for each pedicab driver, decal fee, and a drawing detailing routes. (5) Each pedicab operated within the special event area shall prominently display, in a five -inch by five -inch frame covered with clear plastic, a card or sign, printed in plain, legible letters and numbers which shall state whether gratuities or donations are accepted and contain the schedule of rates for the transportation services offered by the pedicab driver; the decal number of such pedicab; and the name and work address of both the pedicab owner and the pedicab driver of such pedicab. No pedicab driver may charge a fee that is not so posted. A map showing the approved route shall also be displayed. (6) Pedicabs shall be exempt from the equipment requirements contained in subsections 57-36 (5)(iii)-(v). City of Miami File ID: 3137 (Revision:) Printed On: 3/28/2025 (7) Advertising, including wrap advertising, shall be allowed on a maximum of 26 square feet of the pedicab. No advertisement on a pedicab is allowed for tobacco products or adult entertainment products or establishments. (8) No one person as that word is defined in section 57-26 may be the recipient of more than 20 pedicab decals at any one time. (9) The city commission, by resolution, may modify the requirements set forth in this section as may be in the best interest of the city. *„ Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor 1/16/2018 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) calendar 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 File ID: 3137 (Revision:) Printed On: 3/28/2025