HomeMy WebLinkAboutBack-Up from Law DeptChapter 31 - LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONSu
Footnotes:
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Editor's note— Ord. No. 12885, § 1, adopted February 8, 2007, changed the title of chapter 31 from
"Licenses and Miscellaneous Business Regulations" to "Local Business Tax and Miscellaneous Business
Regulations."
City Code cross references— Alcoholic beverages, ch. 4; amusements, ch. 5; cable television, ch. 11;
commercial waste collection, § 22-46 et seq.; ships, vessels and waterways, ch. 50.
Law review reference— Municipal licenses in Florida, 8 Miami L.Q. 266.
State Law reference— Local occupational license taxes, F.S. ch. 205.
ARTICLE I. - IN GENERAL
Secs. 31-1-31-25. - Reserved.
ARTICLE II. - LOCAL BUSINESS TAX (BTR) u
Footnotes:
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Editor's note— Ord. No. 13106, § 2, adopted Oct. 8, 2009, changed the title of article II from "Local
Business Tax" to "Local Business Tax (BTR)."
Sec. 31-26. - Required; separate locations to comply with BTR; doing business with the City of Miami or
its agencies.
(a) As a condition precedent to engaging in or operating in the city any business, profession or occupation
referred to expressly or otherwise in section 31-50 herein, whether as owner, agent, employee,
manager or operator, a BTR shall be procured from the city as provided in this article, on or before
October 1 of each year. Any individual, partnership, or other incorporated or unincorporated business
entity conducting any business, profession or occupation referred to in section 31-50 herein, whether
as owner, agent, employee, manager or operator, who does not possess a valid and current BTR and
display the same as required by section 31-27 herein, shall be guilty of a misdemeanor, and upon
conviction shall be punished as provided in section 1-13. Each day the above -described violation
occurs shall constitute a separate offense.
(b) Such conditions precedent shall apply, separately and severally, to each place or location where any
such business, profession or occupation will be engaged in or operated regardless of the capacity in
which the person or legal entity engaging in or operating such business, profession or occupation shall
act, whether as owner, agent, manager or operator.
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(c) Except where specifically contrary to general law, any person doing business with the City of Miami
and/or any of its agencies shall obtain a City of Miami BTR for the type of business they are contracting.
(Ord. No. 10303, § 1, 7-23-87; Code 1980, § 31-1; Ord. No. 11287, § 2, 7-13-95; Ord. No.
12885, § 1, 2-8-07; Ord. No. 13106, § 2, 10-8-09)
Editor's note— Ord. No. 13106, § 2, adopted Oct. 8, 2009, changed the title of § 31-26 from
"Required; separate locations licensed separately; doing business with the City of Miami and/or
its agencies" to "Required; separate locations to comply with BTR; doing business with the City
of Miami or its agencies." The historical notation has been preserved for reference purposes.
Case Law reference— The owner of apartment houses who delegated all management duties in
regard thereto to a corporation was not "engaged in or operating any business, profession or
occupation" for which a license is required under this section. City of Miami v. Schonfeld, 197
So. 2d 559.
Sec. 31-27. - Display.
All BTR issued by the city, unless otherwise provided by law, shall be displayed in the office or some
other conspicuous place within the complying establishment or on the premises thereof and shall be
displayed to the general public or any police department personnel, BTR inspector, code enforcement
inspector, or other official of the city upon request during normal business hours. If the business does
possess a valid and current BTR but fails to display the same as required by this section, said BTR may be
suspended by the city manager or designee upon notification of said refusal by the city attorney. Upon said
notification, the city manager or designee shall schedule a hearing as mandated by subsection 31-49(b)
herein. A suspension for failure to display shall extend for a period of 30 days.
(Ord. No. 10303, § 1, 7-23-87; Code 1980, § 31-2; Ord. No. 12885, § 1, 2-8-07; Ord. No. 13106,
§ 2, 10-8-09)
Sec. 31-28. - Definitions.
Other definitions are contained within section 31-50 herein, pertaining to particular occupational
classifications. For the purposes of this article, the following definitions apply:
Agency for Health Care Administration (AHCA) is the agency referred to in F.S. § 402.03 or its statuary
successor, administrative department or division.
Business, profession and occupation do not include customary religious, charitable or educational
activities, or nonprofit religious, nonprofit charitable or nonprofit educational institutions.
Charitable institutions shall mean only nonprofit corporations operating physical facilities in Florida at
which are provided charitable services, a reasonable percentage of which shall be without cost to those
unable to pay.
Department of Business and Professional Regulation (DBPR) is the state agency referred to in F.S. §
20.165 or its statutory successor, administrative department or division.
Department of Health and Rehabilitative Services (HRS) is the state agency referred to in F.S. § 20.19
or its statutory successor, administrative department or division.
Department of Highway Safety and Motor Vehicles (DMV) is the state agency referred to in F.S. §
20.24 or its statutory successor, administrative department or division.
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Educational institutions shall mean state tax -supported or parochial, church and nonprofit private
schools, colleges or universities conducting regular classes and courses of study required for accreditation
by or membership in the Southern Association of Colleges and secondary schools, department of education
or the Florida Council of Independent Schools. Non-profit libraries, art galleries and museums open to the
public are defined as educational institutions and eligible for exemption.
Local business tax receipt (BTR) document shall mean the document that is issued by the city which
bears the words 'local business tax receipt" and evidences that the person in whose name the document
is issued has complied with the provisions of this article and F.S. ch. 205, relating to the business tax.
Local business tax receipt (BTR) fee shall mean the fees charged and the method by which the city
grants the privilege of engaging in or managing a business, profession, or occupation within its jurisdiction.
It does not mean any fees or licenses paid to any board, commission, or officer for permits, registration,
examination, or inspection.
Merchandise shall mean goods, wares, articles, stock, and other things of value, including goods on
consignment.
Merchantretailershall mean an individual, company, co -partnership, corporation, other business entity
or agent who acquires for the purpose of sale, keeps for sale, offers or exposes for sale or sells individual
units of merchandise to an ultimate consumer and not for resale.
Merchant wholesaler, distributor, jobber or consignment shall mean an individual, company, co-
partnership, corporation, other business entity or agent who may or may not maintain a fixed place of
business in the city who sells or offers to sell merchandise for resale to a merchant retailer or any other
party for resale. A wholesale BTR does not cover anyone who sells directly to the consuming public.
Religious institutions shall mean churches and ecclesiastical or denominational organizations, or
established physical places for worship in this state at which non-profit religious services and activities are
regularly conducted and carried on and shall also mean church cemeteries.
(Ord. No. 10303, § 1, 7-23-87; Code 1980, § 31-3; Ord. No. 12885, § 1, 2-8-07; Ord. No. 13106,
§ 2, 10-8-09)
State Law reference— Definitions, F.S. § 205.022.
Sec. 31-29. - Exemptions; motor vehicles.
Vehicles used by any person in compliance with this article for the sale and delivery of tangible
personal property at either wholesale or retail from his place of business on which a BTR is paid shall not
be construed to be separate places of business, and no BTR may be levied on such vehicles or the
operators thereof as salesmen.
(Ord. No. 10303, § 1, 7-23-87; Code 1980, § 31-4; Ord. No. 12885, § 1, 2-8-07; Ord. No. 13106,
§ 2, 10-8-09)
State Law reference— Similar provisions, F.S. § 205.063.
Sec. 31-30. - Exemption allowed certain disabled persons, the aged, and widows with minor dependents.
(a)
All disabled persons physically incapable of manual labor, widows with minor dependents, and
persons 65 years of age or older, with not more than one employee or helper, and who use their own
capital only, not in excess of $1,000.00, shall be allowed to engage in a business, profession or
occupation without being required to pay for a BTR. The exemption provided by this section shall be
allowed only upon the certification of a reputable physician, currently admitted to the practice of
medicine in the State of Florida, that the applicant claiming the exemption is disabled, the nature and
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extent of the disability being specified therein; and in case the exemption is claimed by a widow with
minor dependents or a person over 65 years of age, proof of the right to the exemption shall be made.
Any person entitled to the exemption provided by this section shall, upon application and furnishing of
the necessary proof as aforesaid, be issued a BTR which shall have plainly stamped or written across
the face thereof the face that it is issued under this section, and the reason for the exemption shall be
written thereon.
(b) In no event under this or any other law shall any person, veteran or otherwise, be allowed any
exemption whatsoever from the payment of any amount required by law for the issuance of a BTR to
sell intoxicating liquors or malt and vinous beverages.
(Ord. No. 10303, § 1, 7-23-87; Code 1980, § 31-5; Ord. No. 12885, § 1, 2-8-07; Ord. No. 13106,
§ 2, 10-8-09)
State Law reference— Similar provisions, F.S. § 205.162.
Sec. 31-31. - Exemptions allowed disabled veterans of any war or their unremarried spouses.
(a) Any bona fide, permanent resident elector of the state who served as an officer or enlisted person
during any of the periods specified in F.S. § 1.01(15) in the armed forces of the United States, National
Guard, or United States Coast Guard or Coast Guard Reserve, or any temporary member thereof,
who has actually been, or may hereafter be, reassigned by the Air Force, Army, Navy, Coast Guard,
or Marines to active duty during any war, declared or undeclared, armed conflicts, crises, etc., who
was honorably discharged from the service of the United States, and who at the time of his or her
application for a BTR as hereinafter mentioned shall be disabled from performing manual labor shall,
upon sufficient identification, proof of being a permanent resident elector of the State of Florida, and
production of an honorable discharge from the military service of the United States:
(1) Be granted a BTR to engage in any business, profession or occupation in the city which may be
carried on mainly through the personal efforts of the complyee as a means of livelihood and for
which the BTR does not exceed the sum of $50.00 for each without payment of any BTR
otherwise provided for by law;
(2) Be entitled to an exemption to the extent of $50.00 on any BTR to engage in any business,
profession or occupation in the state which may be carried on mainly through the personal efforts
of the BTR holder as a means of livelihood when the state, county, or municipal BTR for such
business, profession or occupation shall be more than $50.00. The exemption heretofore referred
to shall extend to and include the right of BTR holder to operate an automobile for hire of not
exceeding five -passenger capacity, including the driver, when it shall be made to appear that
such automobile is bona fide owned or contracted to be purchased by the BTR holder and is
being operated by him or her as a means of livelihood and that the proper BTR for the operation
of such motor vehicle for private use has been applied for and attached to said motor vehicle and
the proper fees therefore paid by the BTR Holder.
(b) When any such person shall apply for a BTR to conduct any business, profession or occupation for
which the BTR shall exceed the sum of $50.00, the remainder of such BTR in excess of $50.00 shall
be paid by him.
(c) Reasonable proof not inconsistent with F.S. § 205.171(3) shall be shown to establish the fact that the
applicant is disabled.
(d) BTRs issued under this section shall be in the same general form as other BTR issued under this
article and shall expire at the same time as such other BTR issued under this article.
(e) All BTRs obtained under the provisions of this section by the commission of fraud shall be deemed
null and void. Any person who has fraudulently obtained any such BTR, or who has fraudulently
received any transfer of a BTR issued to another, and has thereafter engaged in any business,
profession or occupation requiring a BTR under color thereof shall be subject to prosecution as for
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(f)
(g)
engaging in a business, profession or occupation without having the required BTR under the laws of
this state and of the city. Such BTR shall not be issued in any county other than the county wherein
the veteran is a bona fide resident citizen elector, unless such veteran applying therefore shall produce
to the tax collecting authority in such county a certificate of the tax collector of his or her home county
to the effect that no exemption from BTR has been granted to such veteran in his or her home county
under the authority of this section.
In no event, under this or any other law, shall any person, veteran or otherwise, be allowed any
exemption whatsoever from the payment of any amount required by law for the issuance of a BTR to
sell intoxicating liquors or malt and vinous beverages.
The unremarried spouse of the deceased disabled veteran of any war in which the United States
armed forces participated will be entitled to the same exemptions as the disabled veteran.
(Ord. No. 10303, § 1, 7-23-87; Code 1980, § 31-6; Ord. No. 12885, § 1, 2-8-07; Ord. No. 13106,
§ 2, 10-8-09)
State Law reference— Similar provisions, F.S. § 205.171.
Sec. 31-32. - Charitable, etc., organizations; occasional sales, fundraising; exemption.
No BTR shall be required of any charitable, religious, fraternal, youth, civic, service, or other such
organization when the organization makes occasional sales or engages in fundraising projects when the
projects are performed exclusively by the members thereof and when the proceeds derived from the
activities are used exclusively in the charitable, religious, fraternal, youth, civic and service activities of the
organization.
(Ord. No. 10303, § 1, 7-23-87; Code 1980, § 31-7; Ord. No. 12885, § 1, 2-8-07; Ord. No. 13106,
§ 2, 10-8-09)
State Law reference— Similar provisions, F.S. § 205.192.
Sec. 31-33. - Religious tenets; exemption.
Nothing in this article shall be construed to require a BTR for practicing the religious tenets of any
church.
(Ord. No. 10303, § 1, 7-23-87; Code 1980, § 31-8; Ord. No. 12885, § 1, 2-8-07; Ord. No. 13106,
§ 2, 10-8-09)
State Law reference— Similar provisions, F.S. § 205.191.
Sec. 31-34. - Governmental agency, entity or employee; exemption.
(a) No federal, state, county or municipal governmental agency or entity shall be required to obtain a
BTR.
(b) A member of one of the professions who is employed by the United States government, State of
Florida, or one of its political subdivisions, and practices his profession solely as an employee thereof
shall not be required to obtain a BTR.
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(Ord. No. 10303, § 1, 7-23-87; Code 1980, § 31-9; Ord. No. 12885, § 1, 2-8-07; Ord. No. 13106,
§ 2, 10-8-09)
State Law reference— Exemptions and requirements, F.S. § 205.193 et seq.
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 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 finance department 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 with a valid and current certificate of use from the planning, building and 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 until such time as said violation is corrected and all
(3)
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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 under this section
or under section 31-41 may, by appropriate written 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 finance director, is submitted to the applicant.
(d) BTR issued. The BTR shall have the name of the finance director imprinted thereon.
(Ord. No. 10303, § 1, 7-23-87; Ord. No. 11148, § 3, 5-5-94; Code 1980, § 31-10; Ord. No.
12499, § 2, 2-26-04; Ord. No. 12683, § 2, 5-12-05; Ord. No. 12885, § 1, 2-8-07; Ord. No. 13106,
§ 2, 10-8-09)
State Law reference- Fictitious name, F.S. § 205.023; prerequisites for issuance, F.S. §
205.194 et seq.
Sec. 31-36. -Application notarization required.
Where the application is made for the following BTR local business tax receipts, the signature of the
applicant shall be notarized: nonmotorized vehicles for hire, bankruptcy and closing -out -sales and
automobile or vehicle towing from private property.
(Ord. No. 10303, § 1, 7-23-87; Code 1980, § 31-11; Ord. No. 12885, § 1, 2-8-07; Ord. No.
13106, § 2, 10-8-09)
Sec. 31-37. - Duration.
No BTR under this article shall be issued for more than one year. The finance department 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.
(Ord. No. 10303, § 1, 7-23-87; Code 1980, § 31-12; Ord. No. 12885, § 1, 2-8-07; Ord. No.
13106, § 2, 10-8-09)
Sec. 31-38. - Due date and proration of BTR.
(a) Except as otherwise provided, BTR under this article shall be due and payable on September 30 of
each year. If September 30 falls on a weekend or holiday, it shall be due on or before the first working
day following September 30.
(b) Unless otherwise provided, for each local business tax receipt obtained between October 1 and the
succeeding March 31, the full tax for one year shall be paid. For each license obtained between April
1, and the succeeding September 30, one-half the full tax for one year shall be paid.
(Ord. No. 10303, § 1, 7-23-87; Code 1980, §§ 31-13, 31-14; Ord. No. 12885, § 1, 2-8-07; Ord.
No. 13106, § 2, 10-8-09)
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Editor's note— Ord. No. 13106, § 2, adopted Oct. 8, 2009, changed the title of § 31-38 from
"Due date and proration of local business tax receipt" to "Due date and proration of BTR" The
historical notation has been preserved for reference purposes.
State Law reference— Authority, F.S. § 205.053(1).
Sec. 31-39. - Penalty, late payment of local business tax or original local business tax receipt.
(a) BTR that are not renewed when due and payable are delinquent and subject to a delinquency penalty
of ten percent for the month of October, plus an additional five percent penalty for each subsequent
month of delinquency until paid. However, the total delinquency penalty may not exceed 25 percent of
the BTR for the delinquent establishment.
(b) Any person engaging in, managing, or operating any business, profession, or occupation without first
obtaining a BTR shall be subject to a penalty of 25 percent of the amount due, in addition to the penalty
provided by section 31-26 herein, and in addition to any penalty provided by law or ordinance.
(c) Any person who engages in any business, occupation, or profession covered by this article, who does
not pay the required BTR within 150 days after the initial notice of tax due, and who does not obtain
the required BTR is subject to civil actions and penalties, including court costs, reasonable attorneys'
fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to
$250.00.
(Ord. No. 10303, § 1, 7-23-87; Code 1980, § 31-15; Ord. No. 12885, § 1, 2-8-07; Ord. No.
13106, § 2, 10-8-09)
Editor's note— Ord. No. 12885, § 1, adopted February 8, 2007, changed the title of § 31-39
from "Penalty, late payment of occupational license tax or original license" to "Penalty, late
payment of local business tax or original local business tax receipt." The historical notation has
been preserved for reference purposes.
State Law reference— Similar provisions, F.S. § 205.053.
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 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 zoning; with or
without the applicant's signature, provided that payment of the necessary BTR accompanies the
renewal form.
(Ord. No. 10303, § 1, 7-23-87; Code 1980, § 31-16; Ord. No. 12885, § 1, 2-8-07; Ord. No.
13106, § 2, 10-8-09)
Editor's note— Ord. No. 13106, § 2, adopted Oct. 8, 2009, changed the title of § 31-40 from
"Renewal of local business tax receipt" to "Renewal of BTR." The historical notation has been
preserved for reference purposes.
Sec. 31-41. - Grounds for nonrenewal.
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The following constitute adequate grounds for the finance director 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;
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;
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 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.
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.
(3)
(5)
(7)
(Ord. No. 10303, § 1, 7-23-87; Code 1980, § 31-17; Ord. No. 12885, § 1, 2-8-07; Ord. No.
13106, § 2, 10-8-09)
Sec. 31-42. - Refunds.
(a) The finance director 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.
(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.
(Ord. No. 10303, § 1, 7-23-87; Code 1980, § 31-18; Ord. No. 12885, § 1, 2-8-07; Ord. No.
13106, § 2, 10-8-09)
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 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 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
Page 9
department 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.
(Ord. No. 10303, § 1, 7-23-87; Code 1980, § 31-19; Ord. No. 11287, § 2, 7-13-95; Ord. No.
12885, § 1, 2-8-07; Ord. No. 13106, § 2, 10-8-09)
State Law reference— Authority, F.S. § 205.043(2), (3).
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 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.
(Ord. No. 10303, § 1, 7-23-87; Code 1980, § 31-20; Ord. No. 12885, § 1, 2-8-07; Ord. No.
13106, § 2, 10-8-09)
Editor's note— Ord. No. 13106, § 2, adopted Oct. 8, 2009, changed the title of § 31-44 from
"Replacing lost or destroyed local business tax receipts" to "Replacing lost or destroyed BTR."
The historical notation has been preserved for reference purposes.
Sec. 31-45. - Authority to request proof of inventory; inspection; estimates.
(a) The finance director 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 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.
(Ord. No. 10303, § 1, 7-23-87; Code 1980, §§ 31-21, 31-22; Ord. No. 12885, § 1, 2-8-07; Ord.
No. 13106, § 2, 10-8-09)
Sec. 31-46. - Reciprocity between cities as to merchants and business firms located in the state.
(a) The provisions of this article and other BTR regulations of this city shall not apply to or operate against
merchants and business firms located and complying to do business in other cities, villages and towns
of this state and distributing goods and merchandise in the city, provided that such merchants and
business firms shall have complied with the provisions of the laws or ordinances imposing BTR in the
city, village or town in which same are located, and provided, further, that the provisions of this section
shall be operative as to such merchants and business firms located and complying in other cities,
villages and towns of this state only to the extent that, under the laws and ordinances of such other
cities, villages and towns, like exemptions and privileges are granted to merchants and business firms
located and complying in and by the city.
Page 10
(a) The city manager or designee shall deny the application for a BTR, or revoke the BTR of any
individual, partnership, or other incorporated or unincorporated business entity holding a BTR under
this article where it is determined by the city manager or designee that:
(1) The BTR holder and/or owner of the property has materially misrepresented or failed to include
the information required by this article to be included in the BTR application form;
(2) The BTR holder and/or owner of the property, subsequent to being issued a BTR, 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 of the BTR
holder and/or owner of the property and not merely incident thereto;
The BTR holder and/or owner of the property is conducting business from premises which do
not possess a valid and current certificate of occupancy issued by the department of planning,
building and zoning;
(4) The BTR holder and/or owner of the property is conducting business from premises which do
not possess a valid and current certificate of use issued by the department of planning, building
and zoning;
The BTR holder and/or owner of the property is conducting business from the proposed premises
and is not in compliance with a zoning ordinance or other city ordinance;
(6) Conduct is occurring at the premises, which conduct constitutes a breach of the peace by
threatening the safety and welfare of the patrons at said premises or the general public and which
conduct is recurring;
(b) Such exemption shall not apply to street or sidewalk vendors or to other businesses, professions or
occupations not having an established place of business in any city, village or town in this state.
(Ord. No. 10303, § 1, 7-23-87; Code 1980, § 31-23; Ord. No. 12885, § 1, 2-8-07; Ord. No.
13106, § 2, 10-8-09)
Editor's note— Ord. No. 13106, § 2, adopted Oct. 8, 2009, repealed former § 31-46 which
pertained to food establishments and derived from § 18-33 of the 1967 Code; § 20-48 of the
1980 Code; and Ord. No. 12885, § 1, adopted Feb. 8, 2007. Further, said ordinance renumbered
§§ 31-47-31-49 as §§ 31-46-31-48 as set out herein. The historical notation has been retained
with the amended provisions for reference purposes.
Sec. 31-47. - Compliance with article required; effect of BTR obtained.
No BTR shall be granted until there has been full compliance with the applicable provisions of this
article, and no BTR receipt granted without full compliance shall be a protection to the applicant in any civil,
criminal or administrative proceeding.
(Ord. No. 10303, § 1, 7-23-87; Code 1980, § 31-24; Ord. No. 12885, § 1, 2-8-07; Ord. No.
13106, § 2, 10-8-09)
Editor's note— Ord. No. 13106, § 2, adopted Oct. 8, 2009, changed the title of § 31-47 from
"Reciprocity between cities as to merchants and business firms located in the state" to
"Compliance with article required; effect of BTR obtained." The historical notation has been
preserved for reference purposes. See also the editor's note to § 31-46.
Sec. 31-48. - Revocation; suspension.
(3)
(5)
Page 11
(7)
The BTR holder and/or owner of the property has obtained a permit, certificate or BTR for the
premises, 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; or
(8) The BTR holder and/or owner of the property, subsequent to being issued a BTR, has had a
permanent injunction in the form of an order and final judgment entered against said BTR holder
and/or owner of the property enjoining restraining or preventing the BTR holder and/or owner of
the property from exhibiting, showing, selling, lending, or transmitting any motion picture film(s),
book(s), magazine(s), videotape(s) or other material that has been found to be obscene, lewd,
lascivious, filthy or indecent pursuant to F.S. ch. 847, or construed, after said material(s) has
undergone an adversary judicial hearing as required by law.
(b) (1) Upon issuance of a code enforcement citation alleging a violation affecting the health and safety
of the community, the code compliance director shall notify in writing the city manager or designee
of any violation of the enumerated grounds for revocation of a BTR contained in the ordinance
from which this section derives. Upon said notification, the city manager or designee shall
schedule an appellate hearing for the BTR holder and/or owner of the property within ten days of
the date of such notification to the city manager or designee. The city manager or designee shall
notify in writing, at least five days in advance of the appellate hearing, the BTR holder and owner
of the property of the date, time and place of said appellate hearing and the specific charges that
have caused the said revocation notice to be sent. Said revocation notice and notice of appellate
hearing shall be sent to the BTR holder and owner of the property by registered mail, return
receipt requested, to the property owner's address and the business address listed on the BTR,
or said revocation notice and notice of appellate hearing may be perfected upon any employee
of said business by any city police officer, BTR inspector or authorized process server at the
business address listed on the BTR. At said appellate hearing, the BTR holder and/or owner of
the property shall be given the opportunity to be represented by an attorney, to make a record of
the hearing by the use of a court reporter, to call witnesses, to present documentary evidence,
and to otherwise properly prove their appeal as to why the BTR should not remain in a revoked
status.
(2) Upon the receipt of the registered mail notice of the appellate hearing as described in subsection
(b)(1) to the BTR holder (or upon perfecting notice upon any employee of the BTR holder's
business) and owner of the property, the BTR shall be considered revoked or suspended as
designated in the notice from the city manager or designee.
(c) A revocation under this section shall extend for the BTR duration of the period, at which time a new
application must be submitted. Said revocation shall begin to run from the date the revocation notice
was sent by the city manager or designee.
(d) All appellate revocation hearings shall be conducted in the following manner before a special master:
(1) The proceedings shall be as informal as is compatible with the essential requirements of the law.
(2) The admission of evidence shall be governed by the special master. Evidence is to be admitted
at the discretion of the special master consistent with generally accepted legal principles
governing the admission of evidence in administrative proceedings.
The BTR holder and/or owner of the property may be represented by counsel; the city may be
represented by the city attorney or other counsel retained at the discretion of the city attorney.
(4) The burden of proof being on the BTR holder and/or owner of the property, the order of
presentation of evidence shall be as follows:
a. The parties shall be entitled to present oral argument at the opening and at the closing of the
hearing.
b. The BTR holder and/or owner of the property, as appellant, has the burden of proof and shall
produce such evidence as it may wish to offer in opposition to the continued revocation of
the BTR.
(3)
Page 12
(5)
c. The city shall have the opportunity to present any evidence in support of maintaining the
revocation of the BTR.
d. The BTR holder and/or owner of the property may offer rebuttal testimony.
At the close of the hearing, the special master shall render the determination stating whether the
BTR shall remain revoked or suspended or not. The decision must be based on competent
substantial evidence and otherwise consistent with principles of law.
(6) Upon rendition of the determination in any appellate revocation or suspension hearing, the
special master shall file the determination with the office of hearing boards and shall cause a true
and correct copy of the order to be sent by regular mail to the business address listed on the BTR
and the owner of the property. The order may also be served upon any employee of said business
by any city police officer, BTR receipt inspector or authorized process server at the business
address listed on the BTR. It may also be handed to the BTR holder and/or owner of the property
at the hearing.
(e) If a BTR revocation or suspension is upheld under this section the city shall be entitled to recover its
reasonable attorneys' fees and any costs of the hearing such as court reporters and transcription
charges expended by the city.
(Ord. No. 10303, § 1, 7-23-87; Code 1980, § 31-25; Ord. No. 12683, § 2, 5-12-05; Ord. No.
12885, § 1, 2-8-07; Ord. No. 13106, § 2, 10-8-09; Ord. No. 13611, § 2, 6-23-16)
See the editor's note to § 31-46.
Case Law reference— License revocation proceeds directly from the finding that there has been
a violation of city ordinances. The intent of the ordinances, read as a whole, is easily determined
to be a violation by the licensee or his agent. Berman v. City of Miami, 17 Fla. Supp. 72; affd
127 So. 2d 683.
The city may revoke a nightclub license on a more strict basis than the state can revoke a liquor
license. Sawyer v. City of Miami, 172 So. 2d 481; cert. den'd 177 So. 2d 476.
Revocation of the license of an adult theater for one year under paragraph (a)(8) is incompatible
with the First Amendment because it imposes a prior restraint on presumptively protected
expression. Gayety Theatres, Inc., v. City of Miami, 719 F.2d 1559 (1983).
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 inspector or other person
authorized by the finance department, 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 inspectors may notify the city police department immediately when in their
judgment they feel threatened.
Page 13
(c) In addition to any other remedies provided by this chapter or any other city ordinance, the finance
department 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. The use of one remedy shall not preclude the use of any
others.
(Ord. No. 13106, § 2, 10-8-09; Ord. No. 13611, § 2, 6-23-16)
See the editor's note to § 31-46.
Sec. 31-50. - Schedule of established BTRs.
The assessments of BTRs are hereby fixed as follows:
Code
BTR Category: Name, Description and Requirement(s)
Rate ($)
0010
Abstract and/or title company. Requires License from the Florida Department of
Financial Services if selling insurance.
236.00
0040
Accountant, certified public (CPA). Requires License from DBPR.
116.00
0030
Accounting and/or bookkeeping service. Does not apply to BTR Codes: "0040" and
"0020."
116.00
0020
Accounting professional association (PA), corporation (Corp) or firm.
116.00
0050
Acupuncturist. Requires License from DOH.
116.00
0060
Addressing, mailing, and sorting services.
99.00
0070
Administrative office. When sole functions are administrative in nature and not
applicable to any other BTR category.
131.00
0080
10090
Adult care facility. License from AHCA is required.
99.00
Adult congregate living facility. License from AHCA is required.
99.00
Page 14
0100
Advertising agency or trade inducement company. Each company or individual as
provided.
0110 Advertising, aircraft (per aircraft).
0160 Advertising, outdoors:
Not exceeding 50 displays.
More than 50 displays, each display thereafter.
667.00
120.00
236.00
2.00
Advertising, street. Each person advertising on the streets with banners, floats or by
0120
other means: Where no vehicle is used.
0130
120.00
Advertising, street. Each person advertising on the streets with banners, floats or by
other means: Where vehicle is used, each vehicle.
120.00
0140
Advertising, street. Each person advertising on the streets with banners, floats or by
other means: Contracting advertising in/or on buses and other motor vehicles.
120.00
0150
Advertising, street. Each person advertising on the streets with banners, floats or by
other means: distributing circulars, pamphlets and other advertising matter (not to
apply to merchants in compliance, advertising their own goods and merchandise).
120.00
0170
Advertising, theater screens. Per screen on which advertising is shown.
120.00
0180
Aircraft brokers or dealers.
120.00
Air guns dealers. A separate BTR is not required of dealers who have a firearms
1820 ammunition dealer's BTR. Requires Federal License from Department of Alcohol,
Tobacco and Fire Arms for Firearms.
0190
296.00
Ambulance service or business. Not operating as an undertaker, operating
ambulances as follows:
0210
Not exceeding one ambulance.
For each additional ambulance.
Amusement park.
42.00
27.00
1,332.00
Page 15
0220 Answering service. 120.00
0230
Apartment houses. An apartment house BTR does not permit a public dining room
without a restaurant BTR. Requires license from DBPR for five or more units. Tax
based on number of rooms, not including: bathrooms, kitchen or closets. An
apartment house is defined as three or more dwelling under same roof units:
0240
0250
Up to ten rooms.
More than ten rooms, for each additional room.
Appraiser. Other than for real property.
Architect.
27.00
2.00
116.00
116.00
2330
Architect, landscape.
116.00
0260
Architectural firm, partnership, PA or Corp.
116.00
0270
Armored car service.
99.00
0280
Artist, all types. Commercial, graphic, or noncommercial, each.
116.00
Art galleries. When only displaying. If selling; and not incidental, as outlined in the
0290 Certificate of Use issued by the City of Miami Zoning Department, a Merchant Retail
BTR is required.
99.00
0310 Attorney who is not a PA or Corp. Requires membership in Florida BAR. BTR is not 116.00
prorated.
0300
Attorney; Firm, PA, Corp. or Partnership. BTR is not prorated.
0350
Auction business. Requires license from DBPR.
0360 Auctioneer. Requires license from DBPR.
116.00
1,826.00
Auctioneer, apprentice. Apprentice means any person who is being trained as an
0370
Auctioneer by a State of Florida licensed Auctioneer. Requires License from DBPR.
667.00
667.00
Page 16
0380
0390
0395
0400
Auction: in addition, for each day or fraction thereof, at each location where an
auction is held of goods, wares, merchandise, or real estate vehicles.
45.00
Audio visual production services. 120.00
Automated teller machines (ATM). Not required if in same location or building
structure as Banking Institution, that is owner thereof.
Automobile, new motorized vehicles dealers. Dealers, agencies or persons engaged in
the sale of automobiles, trucks or tractors or other motor driven vehicles may be
permitted to deal in secondhand vehicles taken in exchange on sales of new vehicles
without securing a Secondhand Dealers BTR; provided that the entire operation is
conducted from one location. Requires License from (DMV). A BTR is required for
each location as follows:
0410
0490
0420
First location.
Each location thereafter.
99.00
525.00
Automobile, auctioneer. Requires License from DBPR.
Automobile battery and charging station. Alone or in connection with any other
business. Requires Registration from the Florida Department of Agriculture for new
and renewal BTR.
Automobile body shop. Requires Registration from the Florida Department of
Agriculture for new and renewal BTR. Employing persons, including owners and
operators:
Not exceeding five persons.
More than five, not exceeding ten persons.
215.00
220.00
44.00
68.00
135.00
0430
More than ten, not exceeding 15 persons.
More than 15 persons.
Automobile/car wash, by hand. Alone or in connection with any other business.
Employing persons, including owners and operators:
267.00
400.00
Page 17
0440
Not exceeding two persons.
27.00
More than two, not exceeding five persons.
42.00
More than five persons.
Automobile/car wash, by machine or power tools. Alone or in connection with any
other business. Where one or more power machines are used. Employing persons,
including owners and operators:
Not exceeding five persons.
68.00
68.00
More than five, not exceeding ten persons.
135.00
More than ten persons, not exceeding 15 persons.
267.00
More than 15 persons.
400.00
0445
Automobile car wash —Mobile. Alone or in connection with any other business.
99.00
0500
Automobile driving school. Requires license from DMV.
99.00
0595
Automobile immobilization. As regulated in Chapter 42 of City Code.
116.00
0460
Automobile mechanical repairs. Alone or in connection with any other business.
Requires registration from the Florida Department of Agriculture for new and
renewal BTR. Employing persons, including owners and operators:
Not exceeding five persons.
68.00
More than five, not exceeding ten persons.
135.00
More than ten, not exceeding 15 persons.
More than 15 persons.
Automobile mobile repair units. Requires Registration from the Florida Department of
Agriculture for new and renewal BTR. Each person engaged in or operating mobile
repair units, for each truck so operated and within the corporate limits of the city.
267.00
400.00
0470
220.00
Page 18
Automobile paint shop. Alone or in connection with another business. Requires
0450 registration from the Florida Department of Agriculture for new and renewal BTR.
Employing persons, including owners and operators:
Not exceeding five persons.
More than five, not exceeding ten persons.
More than ten, not exceeding 15 persons.
More than 15 persons.
0530
68.00
135.00
267.00
400.00
Auto/motorized vehicle rental and leasing. Each location.
195.00
0480
Automobile service station. Alone or in connection with any other business:
Not exceeding four gasoline metered nozzles.
68.00
For each additional gasoline metered nozzle.
16.00
0520
Automobile parking garage or parking space. Per space.
2.00
0540
Automobile storage garage. For storing, cleaning, and/or caring for motor driven
vehicles or equipment:
0550
Not exceeding 25 cars.
42.00
More than 25, not exceeding 50 cars.
More than 50 cars.
Automobile storage or parking lot.
68.00
135.00
For each storage or parking place where the areas do not exceed 10,000 square
feet.
For each additional 5,000 square feet or a fractional are thereof.
0560 Auto tag and tax collection agency. Alone or in connection with any other business.
64.00
33.00
215.00
Page 19
0570
Automobile tire. Recapping, vulcanizing, rethreading, or repairing shop. Requires
registration from the Florida Department of Agriculture for new and renewal BTR.
0580 Automobile towing.
0590 Automobile towing from private property. As regulated in Chapter 42 of this Code.
0610 Automobile valet parking service. Alone or in connection with any other business.
0620 Automobile vehicle wrecking company.
Baggage or transfer companies. With no established place of business in the city.
3640 Requires registration from the Florida Department of Agriculture for new and
renewal BTR for a moving company.
1000
Bail bondsmen, professional bondsmen, or surety bondsmen, each type. Requires
State of Florida License from the Department of Financial Services.
Bakery, retail selling without delivery service, each retail place of business. If
0640 consumption of food on premises, a Registration from the Department of Agriculture
is required.
Bakery, retail selling with delivery service, each retail place of business. If
0650 consumption of food on premises, a registration from the Department of Agriculture
is required. For the first two vehicles.
99.00
116.00
116.00
99.00
215.00
44.00
In addition, for each delivery vehicle in excess of two.
0660
Bakery, wholesale selling, or delivering with less than six delivery vehicles.
0670
Bakery, wholesale selling, or delivering with six or more delivery vehicles.
88.00
68.00
400.00
0680 Bakery products distributors. Selling or distributing bakery products not 480.00
manufactured within corporate limits of the city, each distributor.
0715
Banks including domestic, foreign, international, Edge Act banks, savings and loan
associations, savings company, trust company and building and loan associations.
Every person, partnership or other incorporated or unincorporated business entity,
firm or corporation engaged in business as a bank, trust company, savings company,
building and loan association, savings and loan association, whether as owner, agent,
727.00
Page 20
broker or otherwise, shall pay a BTR for each place of business. Requires copy of
Charter (state or national).
Bankruptcy and closing out sales. As regulated in Chapter 32 of this Code: Engaging
in, managing or conducting at retail any sale of goods, wares, merchandise under the
0690 circumstances stated in Chapter 32 of this Code. See section 32-29 of this Code for
the nonrefundable investigation fee of $25.00. Initial BTR and supplemental BTR of
same term:
For a period not exceeding 15 days.
For a period not exceeding 30 days.
For a period not exceeding 60 days.
61.00
122.00
184.00
Bankruptcy. A further tax of $2.00 per $1,000.00 of the price set forth on the
0692 inventory provided for in Chapter 32 of this Code; provided that no such BTR shall be
issued for more than 60 days.
2.00
Bankruptcy. Supplemental BTR extending time of sale as provided in section 32-31 of
0700
the City Code per day for the time during which such supplemental BTR is granted.
0710
99.00
Bankruptcy. As regulated in chapter 32 of this Code. Purchasing at sale under
assignment for benefit of creditors or for trustee in bankruptcy and advertising as
bankrupt or distressed stock in resale, for each and every day during the continuance
of the sale.
0750
Barber or beauty school. Requires license from DBPR.
293.00
210.00
0740
Barbers/cosmetologists assistants. Requires license from DBPR.
13.00
0720
Barbers, hair stylists, hair designers. Requires license from DBPR.
13.00
0780
Barbershops, hairstyling studios and hair styling salons. Requires license from DBPR.
First chair.
Each additional chair (whether operated or not).
20.00
15.00
Page 21
Beauty parlors, hairstyling studios and hairstyling salons. Requires license from
0790 DBPR. For beauty parlor or barber chairs set up in such place of business (whether
operated or not):
0794
0792
First chair.
Each additional chair (whether operated or not).
Beauty parlor, each manicuring or pedicuring table.
Beauty parlor, each permanent wave machine.
0796
20.00
15.00
14.00
14.00
Beauty parlor, each waxing or acrylic nail machine or table.
14.00
0800
Bicycle repair and rental. Alone or in connection with any other business.
120.00
0810
Billiard, pool or bagatelle tables.
42.00
0820
Bingo or guest games.
58.00
0830
Blueprinting map and plot makers. Requires license form the DBPR for map maker.
99.00
0840
Boarding houses. BTR based on number of rooms not including: bathrooms, kitchen
and closets. Requires license from DBPR if five or more rooms. A boardinghouse BTR
permits the serving of meals.
Not exceeding ten rooms.
More than ten rooms, for each additional room.
42.00
2.00
0880 Boat, brokers; ships yachts. Requires license from DBPR.
0890 Boat, charter fishing (as reg. in section 50-301 et seq. of this Code). Each boat.
0900 Boat, designers and builders, not operating as a boat and ship yard.
215.00
Boat, excursion, sight seeing, and deep sea fishing (as regulated in section 50-301 et
0910
seq. of this Code). Each boat.
30.00
120.00
30.00
Page 22
Boat, ferry and sightseeing. Owners, operators or managers of boats used wholly or
0920
in part as ferry or sight seeing boats, each host with passenger capacity as follows:
0970
Not exceeding ten passengers.
More than ten, not exceeding 50 passengers.
More than 50 passengers.
27.00
42.00
Boat, marine towing and lightering. Owners, operators or managers of boats used
wholly or in part for towing or lightering (permits one barge or lighter free with each
towboat operating hereunder this BTR as follows), alone or in connection with any
other business:
Not exceeding two towboats.
68.00
68.00
More than two towboats.
135.00
Boat, marine towing and lightering. Or each barge or lighter in excess of the number
0980 of towboats operating hereunder this BTR, or for each barge or lighter not permitted
in connection with a towboat.
15.00
0850
Boat, marine ways and dry docks. Not licensed as a boat and ship yard, with capacity
for hauling boats as follows:
Not exceeding three-foot draft.
42.00
More than three, not exceeding five-foot draft.
More than five-foot draft.
68.00
135.00
Boats, service or fuel supply. Owners, operators or managers of boats used wholly or
0960 in part as gasoline or oil or other fuel or supply service boats, alone or in connection
with any other business, each boat.
0870
Boat and ship yard. Having capital investment as follows:
Not exceeding $10,000.00.
More than $10,000.00, not exceeding $25,000.00.
99.00
68.00
135.00
Page 23
More than $25,000.00, not exceeding $50,000.00.
More than $50,000.00, not exceeding $100,000.00.
More than $100,000.00.
200.00
Boat storage, basins, and sheds. Alone or in connection with any other business, with
0860
storage space as follows:
Not exceeding 7,500 square feet.
More than 7,500, not exceeding 15,000 square feet.
More than 15,000 square feet.
267.00
400.00
68.00
135.00
267.00
0930
Boat, party and touring. Owners, operators or managers of boats used wholly on in
part as livery, party or touring boats, each boat with accommodations as follows:
Not exceeding five persons.
More than five, not exceeding ten persons.
27.00
42.00
More than ten persons.
68.00
Boats, peddling. Owners, operators or managers of boats used wholly or in part for
0950
peddling:
Not exceeding 40 feet in length.
More than 40 feet in length.
42.00
68.00
Boats type: Canoes, rowboats and sailboats for hire, or similar business. Alone or in
0940
connection with any other business.
0990
Not exceeding ten boats.
More than ten boats.
27.00
68.00
Bonding companies or individual bondsmen. Criminal or appeal bonds, any person or 320.00
firm operating for the purpose of furnishing or writing and executing criminal bonds
Page 24
1010
1020
1030
1040
1050
or appeal bonds (not to apply to bondsmen furnishing insurance, who are subject to
the insurance companies provisions)
Book bindery service or agent. Alone or in connection with any other business.
Botanica.
Botanical or zoological garden or other similar establishments.
Bottlingworks.
Bowling alley:
One alley:
99.00
99.00
330.00
320.00
68.00
Each additional alley:
40.00
1060
Business opportunity broker. Requires license from DBPR.
99.00
1070
Butcher, wholesale. Meat and packinghouse products, wholesale, dealing in their
own products (except those covered by "Merchants," subheading, "Jobbers and
distributors")
480.00
1080
Butcher, retail. Requires registration from the Florida Department of Agriculture.
Employing meat cutters as follows:
Not exceeding two cutters.
More than two, not exceeding five cutters.
More than five cutters.
27.00
68.00
135.00
Cabarets or nightclub. If liquor is served, a current and valid License from DBPR isf
1090 required for new and renewal BTR's. In addition, a completed and notarized affidavit 1,826.00
is required for new and renewal BTR's.
Cafe/coffee shops/sandwich shop. Every person engaged in the business of operating
3190- a cafe/coffee shop/sandwich shop, or any other public eating place whether
operated in conjunction with some other line of business or not, shall pay a BTR
based on the number of people for which he has seats or accommodations for the
02
Page 25
1
3190-
03
service or consumption of food at any time, in accordance with the following
schedule:
Zero to ten seats.
More than ten seats, each seat.
27.00
When tables and chairs are shared with the other eating establishments in a
common eating area and/or do not own such tables and chairs will be assessed a BTR
by dividing the number of chairs by the number of restaurants in accordance with the
above schedule. Depending on the situation, either a license from the DBPR or a
License from the Florida Department of Agriculture will be required.
Cafeteria. Every person engaged in the business of operating a cafeteria or other
public eating place whether operated in conjunction with some other line of business
or not, shall pay a BTR based on the number of people for which he has seats or
accommodations for the service or consumption of food at any time, in accordance
with the following schedule:
Zero to ten seats.
2.00
27.00
More than ten seats, each seat.
2.00
Cafeterias that share tables and chairs with the other eating establishments in a
common eating area and/or do not own such tables and chairs will be assessed a BTR
by dividing the number of chairs by the number of restaurants in accordance with the
above schedule. Depending on the situation, either a license from the DBPR or the
Florida Department of Agriculture is required.
1100
Calculating and statistical service.
99.00
1110
Carnivals, circuses street shows, exposition companies or shows or performance given
in any temporary enclosure.
For the first day.
For each day thereafter.
366.00
Carnivals or circuses held in a facility owned and operated by the city where a fee has
1120
been charged for the use of the facility.
i
183.00
Page 26
For the first day. 183.00
For each day thereafter.
Carpets, rugs, and furniture cleaning. Cleaning, by hand or vacuum process alone or
1130
in connection with any other business.
88.00
99.00
Carpets and rugs, installation. When not operating as a merchant retail carpet or rug
1140 99.00
dealer.
1150
Caterer and/or catering. Requires Registration from the Florida Department of
Agriculture.
1180
[99.00
Check cashing service and currency exchange. Alone or in connection with any other
business. Requires license from the State of Florida Office of Financial Regulation.
Does not apply to banks. State license is not required when check cashing is
incidental to retail business and if, proceeds from check cashing operation do not
exceed five percent of total gross income from retail sales of goods and services.
1170
Chemist.
99.00
116.00
1190
Chiropractic physician. Requires license from DOH.
116.00
1200
Cigars and tobacco products retail dealers. Alone or in connection with any other
business (except drugstores), carrying stocks as follows:
Not more than $100.00.
40.00
More than $100.00, not more than $250.00.
75.00
More than $250.00, not more than $500.00.
More than $500.00.
185.00
367.00
Cigars and tobacco products manufacturer. Employing persons, including owners and
1210
workmen:
Not exceeding five persons.
More than five, not exceeding 15 persons.
27.00
68.00
Page 27
More than 15, not exceeding 25 persons.
More than 25 persons.
1220 Circus parades.
1230 Clinical social worker. Requires license from DOH.
1240 Clothing, alterations. Alone or in connection with any other business.
1250
94.00
135.00
99.00
116.00
99.00
Clothing, custom tailor, retail. Requires merchant retail BTR for sale of stock not
manufactured on the premises.
1330
68.00
Coin operated; amusement machine. As regulated in chapter 12 of this Code.
Requires yearly submission of city affidavit and list of location(s).
First machine.
183.00
Each additional machine up to nine machines.
34.00
1480
Coin operated; beverage machine, dispensing. As regulated in chapter 12 of this
Code.
23.00
1370
Coin operated; car wash. As regulated in chapter 12 of this Code. Alone or in
connection with any other business.
99.00
Coin operated; laundry equipment. As regulated in chapter 12 of this Code. Includes
1430
washers, dryers, pressing, ironing and dispensing machines. First machine.
1460
Each additional machine.
69.00
1.00
Coin operated; merchandise vending machine. As regulated in chapter 12 of this
Code. Each machine.
15.00
Coin operated; mechanical rides of all types, non -operator. As regulated in chapter 12
1340
of this Code.
First machine.
Each additional machine up to 13.
183.00
34.00
Page 28
Coin operated; mechanical rides of all types, operator. As regulated in chapter 12 of
1350
this Code.
1380 Coin operated; music machine, non -operator. As regulated in chapter 12 of this Code.
First machine.
Each additional machine up to 13 machines.
1390 Coin operated; music machine, operator. As regulated in chapter 12 of this Code.
Coin operated; photographing, photocopying, and laminating machines. As regulated
1360
in chapter 12 of this Code.
1470
458.00
183.00
22.00
458.00
27.00
Coin operated; penny in the slot (one cent to 25 cents). As regulated in chapter 12 of
this Code. Vending merchandise only, mechanically (operated), each machine.
2.00
1450
Coin operated; service machine, other. As regulated in chapter 12 of this Code. Any
other service machine not specifically mentioned.
27.00
1440
Coin operated; weighing machine. As regulated in chapter 12 of this Code. The
person securing such BTR owns and operates:
More than one, and not exceeding five machines, each machine.
15.00
More than five, and not exceeding 50 machines.
400.00
More than 50, and not exceeding 100 machines.
More than 150, each machine.
533.00
2.00
1490 Cold storage or food locker rental. Renting cold storage space to the public.
Collection agency. Alone or in connection with any business. Engaged in collecting
1500 claims and accounts, collecting rents and not operating as a real estate agency. Each
agency.
1510
Community based residential facility. License from AHCA is required. Covers drug
rehabilitation, elderly and halfway houses.
99.00
99.00
99.00
Page 29
.LJLU
wnINuic! UI UULUp1vacmyciVILC.
1530
Consultant business or professional of a not specifically mentioned herein, State of
116.00
Florida licensed professional.
1720
Copy/duplicating service. Alone or in connection with any other business.
99.00
0730
Cosmetologists. Requires license from DBPR.
13.00
Court reporter or public stenographer. BTR required when office is located in the city
1540
and/or when an individual is registered with an agency located in the city; BTR
required for each person registered with agency.
116.00
1550
Credit bureau. Alone or in connection with any other business.
Not exceeding five persons, each agency.
68.00
More than five persons, each agency.
135.00
1560
Customhouse brokers.
99.00
1570
Dancehalls and ballrooms.
320.00
Dance studio. Teaching students under 18 years old. Requires registration from the
1580
68.00
Florida Department of Agriculture for new and renewal BTR.
1590
Dance studio. Teaching students over 18 years old. Requires registration from the
183.00
Florida Department of Agriculture for new and renewal BTR.
3550
Data exchange service. Includes computer exchange service.
606.00
Delicatessen. Alone or in connection with any other business. If stock carried exceeds
1600
$200.00 in value, a merchant retail BTR is required. Requires State of Florida
registration from the Department of Agriculture.
99.00
1610
Dental hygienist. Requires license from DOH.
116.00
1620
Dental laboratory. Requires license from DOH.
116.00
1630
Dentist. Requires license from DOH.
116.00
I
Page 30
1640
1660
1670
1680
1700
1690
1710
Dietician. Requires license from DOH.
Disc jockey.
Display room for hire.
Dog or small animal exhibit.
Draftsman. Alone or in connection with any other business.
Dramatic or theatrical troupes or companies.
116.00
99.00
120.00
296.00
116.00
99.00
Drugstore retail dealer. State license required from DOH. Includes the right to sell ice
cream and cigars and tobacco without an additional BTR.
Not exceeding $1,000.00.
55.00
For each additional $1,000.00 or fractional part thereof.
6.00
1750
Editors.
296.00
1730
Electric light and power companies. Alone or in connection with any other business.
2,324.00
1755
Electrolysis. Includes removal, replacement, and weaving of hair. Requires license
from DOH.
1940
Embalmers. State license required from the DBPR.
1740
99.00
116.00
Employment agencies. Each location. Requires license from DBPR.
215.00
1765 Engineer, professional, as per state. Operating in any capacity thereof.
Entertainers, professional. Includes actors, actresses, bands, musicians, vocalists, and
1760
similar professions and companies.
Exhibitors. General exhibitor is hereby defined as any individual, partnership, or
other incorporated or unincorporated business entity, or promoter using public
1770 facilities for the purpose of exhibiting or displaying products for sale or to take orders
to sell their products. The exhibitor's BTR shall be charged for each day of operation
of the event, display or exhibition. One BTR may be issued to cover more than one
116.00
99.00
87.00
Page 31
1780
1790
1800
1810
day of operation, with the BTR terminating on the last day of such event, display or
exhibition. Per day.
Fashion designer.
116.00
Film development service. Alone or in connection with another business.
99.00
Finance company or loan agent. Requires State of Florida license from Department of
Financial Services.
480.00
Firearms and ammunition dealer. Requires federal license from Department of
Alcohol, Tobacco and Fire Arms. Includes ammunition, pistols, rifles, shotguns and
other firearms and weapons.
296.00
1830
Fire extinguisher service.
99.00
1840
Fish market, retail. Requires State of Florida registration from Department of
Agriculture.
99.00
1850
Fish commission merchant or wholesale dealer. Packers or shippers. See "Packers and
shippers."
236.00
1860
Flea market, on private property. In addition to "operator," a separate BTR is
required for individual vendors.
One day.
183.00
Two-20 days, each day.
92.00
21-40 days, each day.
46.00
For each day thereafter.
23.00
1870
Flea market, when held in a facility owned and operated by the city where a fee has
been charged for the use of the facility and does not apply to individual vendors that
require a separate BTR:
One day.
183.00
Two-20 days, each day.
92.00
Page 32
21-40 days, each day.
For each day thereafter.
1 1880 Florists.
1890 Flowers, cut. Applies to wholesale flower dealers only.
1900
46.00
23.00
62.00
Fortunetellers, astrologists, card readers, character readers, spiritualists, clairvoyants,
crystal gazers, graphologists, hypnotists, palmists, phrenologists, and every person
engaged in a similar occupation. Requires an active BTR from Miami -Dade County
within the previous two years for each person. Each person.
3200
99.00
891.00
Food, retail (not a restaurant). Such as sandwiches, peanut butter crackers, potato
chips, hard boiled eggs. etc. Requires registration from the Florida Department of
Agriculture. When sold or served in any place other than in a dining room, cafe,
cafeteria or restaurant, as defined by city zoning ordinance, with seating capacity:
Not to exceed ten seats.
For each additional seat over ten.
27.00
2.00
1910
Franchise broker and/or dealer. Selling or leasing of business franchise. Requires
license from DBPR.
Freight forwarding and claims bureau. Alone or in connection with any other
1920 business. Engaged in furnishing shipping information, acting or agent for freight and
cargo shipments and collecting transportation claims.
1
Funeral home and/or funeral director. Also covers crematories and direct disposal
1930 establishments. Requires license from the DBPR for the director and the firm. A
separate BTR is required for embalmers.
99.00
99.00
296.00
1950 Game room. Additionally, each coin -operated machine requires its own BTR sticker.
1960
1970
99.00
Gas company. Alone or in connection with any other business. Covers liquefied,
2,324.00
natural or manufactured gas at retail or wholesale.
Golf driving range or course.
99.00
Page 33
1980
Grocery, retail. Requires license from the Florida Department of Agriculture. When
the average value of stocks of goods carried is as follows:
Not exceeding $1,000.00.
Each additional $1,000.00 or fraction thereof.
27.00
Gun ranges, target cabinet or similar facilities. Alone or in connection with any other
2000
business.
2010
2020
Gymnasium only. Not a health club or studio. Additional BTR required for masseur or
masseuse when permitted by city ordinance. If membership -type gym, registration
with the State of Florida Department of Agriculture is required for new and renewal
BTR.
2030
Halls or banquet rooms for hire. Not a dancehall.
Handwriting analyst.
6.00
236.00
99.00
99.00
116.00
2040
Healing art —Magnetic.
99.00
Health studio or health club, each location. If membership -type club; registration
2050
from the Florida Department of Agriculture is required for new and renewal BTR.
2065
Health testing service (lab related). Requires license from the DOH.
2060
2070
Hearing aid specialist. Requires licenses from DBPR.
Helicopter service. Each helicopter.
99.00
131.00
99.00
99.00
2075
Home healthcare agency. License from AHCA required.
2080
Homeopathic or drugless physician. Requires license from DOH.
116.00
1— Hospitals, sanitariums, medical centers and similar institutions privately owned and
operated for a profit. This BTR will be required when there is more than one health
2090
care professional working for the same firm. Requires license from AHCA for
locations where invasive procedures are conducted.
116.00
296.00
Page 34
Hotel or motel. Requires license from DBPR. A hotel BTR does not permit a dining
2100 room without a restaurant BTR. Tax based on number of rooms, not including
bathrooms, kitchens or closets, as follows:
2110
Not exceeding ten rooms.
More than ten rooms, for each additional room.
Hotel service representative.
27.00
Hypnotherapist. DOH license required in one of the following categories: medicine,
2120 surgery, psychiatry, dentistry, osteopathic medicine, chiropractic, naturopath,
podiatry, chiropody, or optometry.
2160
2.00
236.00
7
116.00
Ice cream retail. Applies only when it is the main business activity. Requires license
from the Florida Department of Agriculture.
67.00
Ice distributors. Does not apply to ice manufacturers, who engage in the distribution
2130 or sale of ice, either by contract, commission or bonus agreement, buying ice direct
for resale and using trucks or vehicles not owned by the manufacturer:
Not exceeding two vehicles.
More than two, not exceeding four vehicles.
27.00
46.00
More than four, not exceeding seven vehicles.
68.00
Each additional vehicle.
9.00
Ice manufacturers. Ice manufacturers are permitted to sell at wholesale or retail from
2140 their factory platforms, to distribute or deliver from vehicles owned or leased by the
manufacturer. For each daily ton of capacity.
2150 I Ice, retail dealers. Applies only when it is main business activity.
6.00
99.00
Immigration and naturalization services. Alone or in connection with any other
2170 99.00
business including passport or visa services.
2180 Import and export business.
131.00
Page 35
2190
Inspection services. Alone or in connection with any other business. State License
required when activity requires State of Florida licensing.
2195 Installation services (non contractor and non rug).
2200
2210
Insurance adjusters. Requires license from the Florida Department of Financial
Services. Covers provision for insurance adjusters applies to those who hold
themselves out as independent contractors, and not to an employee of licensed
company whose business is limited to adjusting claims of his employer.
Insurance agency, general agency, or brokerage. Requires license from the Florida
Department of Financial Services.
One person.
For each additional person working for the agency who is licensed by the Florida
Department of Financial Services.
2220
99.00
108.00
99.00
68.00
9.00
Insurance agent or solicitor. Traveling, soliciting insurance of any kind. Does not apply
to those working for an insurance agency, general agency or brokerage. Requires
license from the Florida Department of Financial Services.
2230
2240
Insurance companies names or associations. Requires license from the Florida
Department of Financial Services.
99.00
483.00
Interior decorator or designer. Interior decorator means any person who for
compensation plans the arrangement of furnishings for any building. Such person
may also operate as a mercantile broker without obtaining a mercantile broker
license. Requires license from DBPR.
236.00
3350
Investment banker. Not working in capacity of securities broker.
Jai alai or pelota, per day. Conducting frontons for exhibition, for each day such
2250 fronton is actually operated for the exhibition of jai alai or pelota under the license
granted by the State Division of Pari-Mutual Wagering of the DBPR.
2260
2270
Janitorial services.
Jewelers, professional or diamond cutters.
320.00
12.00
108.00
99.00
Page 36
2280
2285
Jewelry and watch repair. If only hand tools are used:
Not exceeding two persons.
More than two, not exceeding five persons.
More than five persons.
Jewelry and watch repair. If any power tools are used:
Not exceeding five persons.
27.00
42.00
68.00
68.00
Not more than five, not exceeding ten persons.
135.00
More than ten, not exceeding 15 persons.
267.00
More than 15 persons.
400.00
Key duplicating machines. Alone or in connection with any other business. Manually
2290 or power operated, which require a key from which to produce a duplicate. Not
applicable to locksmiths. Each.
Laboratory. Includes chemical, medical, optical x-ray or others. Does not include
2300 dental. See "Dental laboratory." Requires license from the AHCA. Operated entirely
by hand workers, employing persons, including owners and operators:
Not exceeding two persons.
More than two, not exceeding five persons.
More than five persons.
23.00
27.00
42.00
68.00
Laboratory. Includes chemical, medical, optical x-ray or others. Does not include
2310 dental. See "Dental laboratory." Requires license from AHCA. Operated by one or
more power machines, employing persons, including owners and operators:
Not exceeding five persons.
More than five, not exceeding ten persons.
68.00
135.00
Page 37
1
2320
2340
More than ten, not exceeding 15 persons.
More than 15, not exceeding 25 persons.
More than 25 persons.
Land development and sales company.
I
267.00
400.00
I
533.00
Landscaping. Includes designing, installation, planting and care of trees and grounds.
2350 Land surveyor. Requires license from DBPR.
1290
99.00
215.00
116.00
Laundry and/or dry cleaning agency, retail, as defined by the certificate of use issued
by the city's zoning department. Where articles are received for laundry or dry
cleaning and no work is done on the premises.
99.00
Laundry, plant, retail, as defined by the certificate of use issued by the city's zoning
department. Persons who perform laundry work for their own individual customers,
1270
but not for other persons or businesses shall pay in accordance with the following
schedule of taxes:
1260
1280
Not exceeding five persons.
More than five, not exceeding ten persons.
68.00
More than ten, not exceeding 15 persons.
i
More than 15, not exceeding 25 persons.
More than 25 persons.
135.00
267.00
400.00
533.00
Laundry and/or dry cleaning plant, wholesale, as defined by the certificate of use
issued by the city's zoning department. Persons engaged in the laundry and/or dry
cleaning business who perform work for any other persons or businesses. Includes
diaper, linen, towel and uniform supply service.
Laundry; dry cleaning, retail, as defined by the certificate of use issued by the city's
zoning department. Persons engaged in such business, who shall perform dry
cleaning, laundering, pressing or dyeing work for their own individual customers, but
not for other persons or businesses.
476.00
215.00
Page 38
2360 Lawn maintenance business. Permits grass cutting and minor yard work. 99.00
Loan agent, loans secured by real estate. Requires State of Florida License from the
2380 Department of Financial Services. The BTR required hereunder for making loans 215.00
secured by real estate is not to apply to bankers. Each agent.
Loan agent, unsecured or personal property. Negotiating unsecured loans or loans
secured by personal property, where the personal property is not taken into
2370 possession by the lender. Where personal property is taken into possession, a
secondhand dealer's BTR is required. Requires State of Florida license from the
Department of Financial Services.
Locksmiths and tool grinders —By hand. Requires registration with Miami -Dade
2390 County Consumer Services Department. Operated entirely by hand workers without
power machinery, including owners and a operators:
Not exceeding two persons.
More than two, not exceeding five persons.
480.00
27.00
42.00
More than five persons.
68.00
2400
Locksmiths and tool grinders —Power tools. Requires registration with Miami -Dade
County Consumer Services Department. Where one or more power machines are
used (not to include power tool sharpeners), employing persons, including owners
and operators:
Not exceeding five persons.
More than five, not exceeding ten persons.
68.00
135.00
More than ten, not exceeding 15 persons.
2410
More than 15, not exceeding 25 persons.
267.00
Lumberyard. Merchants or dealers operating a lumberyard, alone or in connection
with any other business requires a merchants retail BTR for any stock other than
lumber, lath, or shingles. In the application of this BTR, where lumber, lath or
shingles are accumulated in quantities for export shipment, or for any other purpose,
such lumber, lath or shingles so accumulated shall be considered as stock carried by
400.00
Page 39
the agent for which a lumber yard BTR shall be required. The lumberyard BTR tax is
based on the average stock of lumber carried as follows:
Not exceeding 200,000 feet, board measure.
More than 200,000, not exceeding 500,000 feet, board measure.
More than 500,000 feet, board measure.
0760 Manicurist. Requires license from DBPR.
135.00
267.00
400.00
Manufacturers —Operator by hand workers. Each person engaged in the business of
2420 manufacturing or similar process where goods are sold at wholesale. When operated
entirely by hand workers, employing persons, including owners and operators:
More than two persons.
More than two, not exceeding five persons.
13.00
27.00
42.00
More than five persons.
68.00
2430
Manufacturers —Operator power machines. Each person engaged in the business of
manufacturing or similar process where goods are sold at wholesale. When one or
more power machines (not to include power tool sharpeners) are used, employing
persons, including owners and operators:
Not exceeding five persons.
More than five, not exceeding ten persons.
More than ten, not exceeding 15 persons.
More than 15, not exceeding 25 persons.
More than 25 persons.
68.00
135.00
267.00
400.00
533.00
Where manufactured goods are sold at retail, a merchant retail BTR is also
required.
Page 40
2440
Manufacturer's representative. Does not permit a stock of goods for which a
merchants retail or wholesale BTR would be required and represents only one
manufacture and/or supplier. When dealing in medical equipment, a license from
AHCA is required.
2450 Marriage and family therapist. Requires license from DBPR.
2460
2465
2480
215.00
116.00
Massage establishment or similar business or occupation. Requires license from
DBPR.
Massage therapist. Requires license from DBPR.
Mental health counselor requires license from DBPR.
2490
99.00
99.00
116.00
Mercantile broker. A mercantile broker BTR does not permit a stock of goods for
which an additional BTR is required as provided herein. Broker in this classification
paragraph is defined as one who buys from or represents more than one
manufacturer, producer or other seller, who does not carry stock on hand, and who
sells to the jobber, wholesaler, retailer or others acting as intermediary between
buyer and seller for the consideration of a brokerage fee or commission from either
the buyer or seller. Each person handling materials and supplies or other goods,
wares or merchandise, alone or in connection with any other business provided that
merchants retail or wholesale dealers paying BTR fees, totaling $100.00 or more are
permitted to do a mercantile brokerage business without additional BTR. When
dealing in medical equipment, a license from AHCA is required.
291.00
Merchants, retail. (Except those businesses specifically listed.) When the average
value of merchandise carried, including merchandise on consignment is as follows
2500
(for businesses that have both, retail and wholesale; the inventory amount used for
both BTR, will not be a percentage there of —same inventory for both BTR's):
Not exceeding $1,000.00 of merchandise.
63.00
More than $1,000.00, for each additional $1,000.00 or fractional part thereof.
6.00
Merchants, wholesale, distributors or jobbers. Having inventory amounts as follows
2510 (for businesses that have both, retail and wholesale; the inventory amount used for
both BTR, will not be a percentage there of —same inventory for both BTR's):
Not exceeding $10,000.00 of merchandise.
135.00
Page 41
2520
More than $10,000.00 not exceeding $25,000.00.
More than $25,000.00 not exceeding $50,000.00.
More than $50,000.00 not exceeding $100,000.00.
More than $100,000.00.
Merchants, wholesale, selling outside city limits without place of business. Nothing
herein shall be construed to affect the producer of farm and grove products where
the same are being offered for sale or sold by the farmer or grower producing the
products.
200.00
267.00
400.00
533.00
135.00
2530
Milk. Distributing, alone or in connection with any other business, utilizing delivery
vehicles as follows:
Not exceeding two vehicles.
27.00
More than two, not exceeding four vehicles.
55.00
More than four vehicles.
68.00
2535
Mortgage broker. Requires State of Florida license from the Department of Financial
Services.
116.00
2536
Mortgage broker business. Requires State of Florida License from the Department of
Financial Services.
116.00
2540
Motion picture or television production company.
99.00
0510
Motorcycle agencies and dealers. Requires license from DMV.
99.00
2560
2570
Music service. Businesses furnishing background music. Includes installation of music
systems.
99.00
News dealers. (Except drugstores.) Permitting the sale of books, magazines,
periodicals and newspapers. Not permitting the sale of merchandise for which
merchant retail BTR is required.
Not exceeding $500.00.
27.00
Page 42
More than $500.00.
News service companies. Providing news to newspapers, television, radio stations or
2580
others.
2590
2600
2610
2620
2630
Non -motorized vehicle for hire. As regulated in chapter 57 of this Code.
Nurse. Requires license from DOH.
Nursing home. Requires license from AHCA.
Nursing home administrator. Requires license from DBPR.
Occupational therapist. Requires license from DOH.
2640
Optician. Requires license from DOH.
68.00
99.00
99.00
d
116.00
99.00
116.00
116.00
116.00
2650
Optometrist. Requires license from DOH.
116.00
2660
Osteopathic physician. Requires license from DOH.
116.00
3780
Other BTR: Every business, or exhibition, substantial, fixed or temporary, engaged in
by any person whether in a building or tent, or upon the street, vacant lot or
anywhere in the open air in the city, not herein specifically designated, shall pay a
BTR.
99.00
Packers and shippers. Any person taking orders for the shipment of fruit, nuts, crystal
2670 candies or dried or candied fruits, coconut lamps or any other coconut or fruit
novelties.
2680
Packers and shippers; fish, fruit, vegetables or produce. A BTR for packers or shippers
of fish. Fruit, vegetables or produce is required of persons engaged in buying,
packing, selling, shipping or soliciting on consignment, shipments of fish, fruit,
vegetables or produce; provided that this BTR shall not be required where packers
and shippers are located in their own packinghouse, for which the packinghouse BTR
fee has been paid.
I
1 Packinghouse. When operated entirely by hand workers, employing persons,
2690 including owners and operators: Each person engaged in the business where goods
are sold at wholesale.
99.00
99.00
Page 43
2700
Not exceeding two persons.
More than two, not exceeding five persons.
More than five persons.
Packinghouse. When one or more power machines (not to include power tool
sharpeners) are used employing persons, including owners and operators:
Not exceeding five persons
More than five, not exceeding ten persons
More than ten, not exceeding 15 persons
27.00
42.00
68.00
68.00
135.00
267.00
More than 15, not exceeding 25 persons
400.00
More than 25 persons
533.00
Where goods are sold at retail and wholesale, a packinghouse and a merchant's
retail license is required.
Paging and beeper service. Includes paging and beepers or any mobile radio,
3560 telephone or portable communication service. Does not apply to cellular phone
company owned stores.
2720
2730
Paralegals.
Paramedic. Requires license from DOH.
2740
99.00
116.00
116.00
Parcel deliver and/or messenger service.
38.00
2760 Peddlers, confection. As regulated in chapter 39 of this Code.
58.00
Peddlers, confection stand. Candy, ice cream, popcorn, or peanuts, on the streets. As
2761
regulated in chapter 39 of this Code.
58.00
2762 Peddlers, confection vehicle. As regulated in chapter 39 of this Code. Each vehicle.
99.00
Page 44
2810
Peddlers, meat or fish from motor driven or other vehicles. Requires registration with
2770 the Florida Department of Agriculture. As regulated in chapter 39 of this Code. Each
vehicle.
Peddlers, fruits, vegetables and produce. Requires registration with the Florida
2780 Department of Agriculture. As regulated in chapter 39 of this Code. Each vehicle or
stand:
2790 Peddlers, rubber balloons. As regulated in chapter 39 of this Code.
2800 Peddlers on foot, merchandise. As regulated in chapter 39 of this Code.
Peddlers by vehicle, merchandise. As regulated in chapter 39 of this Code. Each
vehicle.
1
2820
99.00
99.00
16.00
436.00
473.00
Peddlers on foot, food. As regulated in chapter 39 of this Code. Requires State of
Florida license from either DBPR or Department of Agriculture.
2830
436.00
Peddlers by vehicle, food. As regulated in chapter 39 of this Code. Requires State of
Florida license from either the DBPR or Department of Agriculture. Each vehicle.
2840
473.00
Peddlers, wholesale. Traveling stores or vendors of food (not to apply to peddlers or
vendors otherwise provided for in the schedule, selling at retail). As regulated in
chapter 39 of this Code. Each vehicle.
0770 Pedicurist. Requires license from DBPR.
630.00
Pest control business. Requires registration from the Florida Department of
2850 Agriculture prior to issuance of BTR for each location also for new and renewal of
BTR. License is not transferable including change of ownership, name or address.
2860
2870
Pet grooming or styling salon.
Photoengravers and similar professions.
13.00
198.00
99.00
I Photographer or photo finisher. Alone or in connection with any other business. As
2880 regulated in chapter 41 of this Code. Does not permit the selling of cameras and
photographic supplies without merchant retail BTR.
2890 Photo studios. As regulated in chapter 41 of this Code.
99.00
99.00
99.00
Page 45
2900
2910
2920
2930
2940
2960
Photo transient, itinerant, canvassing or soliciting.
320.00
Physical therapist. Requires license from DOH.
Physicians, surgeons, medical doctors. Requires license from DOH.
Podiatrist. Requires license from DOH.
Polygraph operator. Requires license from the Florida Department of State.
116.00
116.00
116.00
116.00
Popcorn machines or stands. Applies only when it is main business activity.
99.00
2970
Printing and/or publishing company. Employing persons, including owners and
operators:
Not exceeding five persons.
68.00
More than five, not exceeding ten persons.
135.00
More than ten, not exceeding 15 persons.
267.00
More than 15, not exceeding 25 persons.
400.00
More than 25 persons.
533.00
2980
Private club. Alone or in connection with any other business activity. Private club is
defined as any association, partnership, firm or any other incorporated or
unincorporated business entity or any kind of club which excludes the general public
from its premises.
296.00
Private investigative agency. State of Florida license required from the Department
2990
of State.
99.00
3000 Produce commission merchant or wholesale dealer. Produce packers and shippers. 215.00
See "Packers and shippers."
3010
Produce, retail dealer. Requires registration from the Florida Department of
Agriculture.
99.00
Page 46
Professional association, firms, companies partnerships, and corporations. This
classification is separate from the classification of attorneys at law; see "Attorneys at
3020 law." Including, but not limited, professional corporations defined in F.S. § 621.03(2),
as amended. A professional associations or corporations BTR shall be paid for only
one location. Requires State of Florida licensed professional.
116.00
Professionals, other professions not specifically listed. The professional license from
3040
the State of Florida must be presented before issuance.
3050
3060
116.00
Promoter entertainment, parades, and similar events. Not covered elsewhere. The
event requires the applicable BTR or permit.
3070
2501
Property management service. Does not apply to real estate firms, brokers
and/agents. License from DBPR required when applicable.
Psychologist. Requires State of Florida License from the DOH.
Pushcart —Merchant retail.
99.00
99.00
116.00
3080
Racing, dog track. Persons conducting, for each day races are conducted under
license granted by the Florida State Racing Commission each day. License from DBPR
required.
3090
63.00
58.00
Racing pamphlets. Displaying, selling or offering for sale sheets, papers or pamphlets
predicting outcome of horse or dog races.
533.00
3115
Real estate appraiser. Requires license from DBPR.
99.00
3110
Real estate broker. This applies to the qualifying broker of the firm. Requires license
from DBPR.
3125
3130
Real estate broker business. Requires license from DBPR.
Recording studios, audio and visual.
9.00
68.00
99.00
Rental and leasing business. Does not apply to automobiles or real property. Personal
3140 property of all types. For automobiles see automobiles rental and leasing business.
When dealing in medical equipment, a License from AHCA is required.
296.00
Page 47
Repair service or machine shop. Alone or in connection with any other business.
3150 Handworkers, operating entirely without power machinery or tools employing
persons, including owners and operators:
Not exceeding two persons.
More than two, not exceeding five persons.
More than five persons.
27.00
42.00
Repair service or machine shop. Alone or in connection with any other business.
3160 Power machines or power tools, operating one or more machines, power tool
sharpeners are not included. Employing persons, including owners and operators:
Not exceeding five persons.
More than five, not exceeding ten persons.
More than ten, not exceeding 15 persons.
68.00
68.00
135.00
267.00
More than 15, not exceeding 25 persons.
400.00
Permitted to carry a stock of parts to be used only in making repairs in the shop. If
any portion of said stock is sold in any other manner, a merchant's license is
required.
3170
Research companies or services.
108.00
3180
3190-
01
Respiratory therapists. Requires license from DOH.
116.00
Restaurants. Every person engaged in the business of operating a restaurant whether
operated in conjunction with some other line of business or not, shall pay a BTR
based on the number of people for which he has seats or accommodations for the
service or consumption of food at any time, in accordance with the following
schedule Requires license from DBPR:
Zero to ten seats.
More than ten seats, each seat.
27.00
2.00
Page 48
Restaurants that share tables and chairs with the other restaurants in a common
eating area and/or do not own such tables and chairs will be assessed a BTR by
dividing the number of chairs by the number of restaurants in accordance with the
above schedule.
Retail installment sales contracts and revolving accounts. Alone or in connection with
3210 any other business. Requires State of Florida license from Department of Financial 320.00
Services.
3220 Rinks. Roller skating, ice skating and similar activities.
3230
Rooming houses. License from the DBPR is required if five or more rooms. In
determining the number of rooms in any building used as a rooming house, only
bedrooms, sleeping quarters or sleeping porches are to be counted, of which two
rooms may be exempt, when used by owner or operator:
More than two, not exceeding five rooms.
More than five, not exceeding ten rooms.
108.00
15.00
27.00
More than ten, for each additional room.
2.00
Does not permit serving meals without boarding house license.
School; private, adult, operated for profit. This license applies where all students are
3240 17 years of age or older. The only requirement for this license is a current certificate
of use. License from any higher level governmental agency required when applicable.
VSchool; private school or nursery, operated for profit. Requires State of Florida license
3250 from the Department of Children and Families and license from State of Florida DOH
if food is served, for new and renewal.
99.00
131.00
3260
School; private school or nursery, nonprofit. Requires State of Florida license from the
Department of Children and Families and license from DOH, if food is served, for new
and renewal BTR. A school or nursery operated by a duly established church or a
nonprofit corporation duly charted under the laws of the state shall not be required
to pay the usual tax for such BTR, but in lieu thereof shall a the sum of $6.00
annually.
6.00
Page 49
3270
3280
3290
3300
3360
Secondhand dealers, automobiles and other motorized vehicles. Requires license
from DMV.
320.00
Secondhand dealers, jewelry or precious metals. This license only allows the buying,
selling and trading of used jewelry and other precious metals.
320.00
Secondhand dealers, used merchandise.
320.00
Secretarial services.
99.00
Security guards, patrol agency or watchman. Principal or employer. State license
required from the Department of Agriculture.
Ten additional employees or guards.
68.00
Each additional employee over ten.
1.00
3370
Shoe repair shop and/or agents. Alone or in connection with any other business.
67.00
3380
Shoeshine stand. Alone or in connection with any other business.
10.00
3390
Skin care services. Stock over $1,000.00 requires merchant's license. Requires license
from DBPR.
99.00
1955
Slot machine. Each machine.
250.00
3400
Small loan companies. Requires State of Florida license from the Department of
Financial Services.
480.00
3410
Social worker. Requires license from DBPR.
116.00
3440
Special events: Exhibition and sale, per day, one to 50 spaces.
58.00
3442
Special events: Exhibition and sale, per day, 51-100 spaces.
116.00
3444
Special events: Exhibition and sale, per day, over 101 spaces.
Special events. When held in a facility owned and operated by the city where a fee
has been charged for the use of the facility; These taxes are due and a able prior to
the event occurring. Per day, one to 50 spaces.
173.00
3450
30.00
Page 50
3452
3454
3460
3470
.Special events. wnen neia in a raciiity ownea ana operatea ay the city wnere a ree
has been charged for the use of the facility; These taxes are due and a able prior to
the event occurring. Per day, 51-100 spaces.
Special events. When held in a facility owned and operated by the city where a fee
has been charged for the use of the facility; These taxes are due and a able prior to
the event occurring. Over 101 spaces.
Special events: Concerts and other similar activities.
58.00
87.00
99.00
Sports promoter and/or professional sports organization.
Up to 3,000 seats.
183.00
From 3,000 to 5,000 seats.
457.00
Over 5,000 seats.
881.00
3480
Stevedores, contracting.
67.00
3310
Stock/securities brokers. Alone or in connection with any other business.
420.00
3320
Stock/security dealers. Alone or in connection with any other business.
420.00
3500
Storage warehouses:
Not exceeding 5,000 square feet.
68.00
More than 5,000, not exceeding 10,000 square feet.
123.00
More than 10,000, not exceeding 15,000 square feet.
200.00
More than 15,000, not exceeding 25,000 square feet.
267.00
More than 25,000, not exceeding 50,000 square feet.
400.00
3490
More than 50,000 square feet.
533.00
Studios for teaching (not dance studios).
I
99.00
Page 51
Supper clubs. If liquor is served, a current and valid License from DBPR is required for
3510 new and renewal BTR's. In addition, a completed and notarized affidavit is required 1,328.00
for new and renewal BTR's.
Tax reporting permits, tax preparation. Does not apply to BTR Codes: "0040," "0030,"
3520
and "0020."
3530
3540
3570
3580
Taxidermist. Each taxidermist.
Teacher.
Telegraph service. Includes telegraph, telegram or teletypewriter service.
Telephone service.
3590
Theater or playhouse. All types. Includes motion picture theaters.
99.00
116.00
116.00
667.00
534.00
286.00
In addition, per seat.
1.00
3600
Ticket broker. Each agent.
330.00
3610
Ticket office. This license applies to carriers who sell directly to the public.
99.00
3620
Trading stamp company or redemption center. Any person conducting.
0600
3630
Trailer park, recreational vehicle park, tourist park or camp.
Not exceeding five spaces.
More than five, not exceeding 15 spaces.
More than 15, not exceeding 25 spaces.
More than 25 spaces, for each additional space.
Transportation of freight or general hauling.
Not exceeding one vehicle.
More than one, not exceeding three vehicles.
667.00
27.00
55.00
68.00
2.00
27.00
55.00
Page 52
More than three, not exceeding five vehicles.
More than five, not exceeding ten vehicles.
More than ten vehicles.
Travel bureaus. Requires State of Florida registration from Department of Agriculture
3650
for new and renewal BTR. No travel bureau license shall be transferable.
82.00
135.00
200.00
336.00
3660 Translation services. 99.00
3670 Tree surgeon. Requires certification from International Society of Arboriculture.
3680
Upholstery repair services. Recovering and repairing. If automobile, requires
registration from the Florida Department of Agriculture.
99.00
99.00
3690
Veterinarian. Requires license from DPBR.
116.00
3700
Veterinary establishment, kennel or hospital. Requires license from DPBR.
99.00
3710
Videotape duplication service.
99.00
3720
Video, television, high fidelity intercommunication and other similar systems. Alone
or in connection with any other business. Permits installation and service. Merchant's
retail BTR is required for stock.
108.00
Waste collection, commercial. As regulated in section 22-46 et seq. of this Code. No
3730 BTR shall be issued until the applicant furnishes the finance department with a
permit to operate from the Department of Solid Waste.
Water manufacturers. Manufacturers of aerated or distilled, drinking water.
3740 Permitted to distribute without distributor's license. Employing persons, including
owners and operators:
Not exceeding five persons.
More than five, not exceeding ten persons.
More than ten persons.
268.00
68.00
135.00
267.00
Page 53
3750
3760
3770
Water distributors. Distributors of bottled, aerated, distilled or mineral, drinking
water. Utilizing vehicles, as follows:
Not exceeding two vehicles.
More than two, not exceeding four vehicles.
More than four vehicles.
Window or glass tinting. Alone or in connection with any other business.
Window or house cleaning company.
99.00
215.00
241.00
99.00
40.00
(Ord. No. 10303, § 1, 7-23-87; Ord. No. 10387, § 1, 2-18-88; Ord. No. 10991, § 1, 6-11-92; Ord.
No. 11086, § 1, 9-27-93; Code 1980, § 31-35; Ord. No. 11287, § 3, 7-13-95; Ord. No. 11825, §
2, 7-27-99; Ord. No. 12885, § 1, 2-8-07; Ord. No. 13106, § 2, 10-8-09; Ord. No. 13140, § 2, 2-
11-10; Ord. No. 13213, § 3, 10-14-10; Ord. No. 13230, § 2, 11-18-10; Ord. No. 13336, § 2, 7-26-
12)
Editor's note— Ord. No. 13106, § 2, adopted Oct. 8, 2009, changed the title of § 31-50 from
"Schedule of established local business taxes established" to "Schedule of established BTRs."
The historical notation has been preserved for reference purposes.
Case Law reference— Imposition of large penalty upon nonpayment of tax constitutes
conditions that would render payment of unfairly assessed taxes under Ord. No. 9188
(predecessor to 10303) involuntary, thus rendering the necessity to protest unfair taxes
unnecessary, thereby allowing grounds for suit to reimburse merchants for amount of excess tax
and attorneys' fees. City of Miami v. Florida Retail Federation, Inc., 423 So. 2d 991.
Secs. 31-51-31-75. - Reserved.
ARTICLE III. - CONVENIENCE STORE SECURITYU
Footnotes:
--- (3) ---
State Law reference— Convenience store security, F.S. § 812.171 et seq.
Page 54
Sec. 31-76. - Definitions.
The city adopts by reference the definitions provided in F.S. § 812.171, as if fully set forth herein, as
that statute may be amended from time to time.
(Ord. No. 10817, § 1, 12-6-90; Code 1980, § 12.1-1; Ord. No. 13256, § 1, 3-10-11)
State Law reference— Similar definitions, F.S. § 817.171.
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 inspectors,
as defined in this Code, are authorized and directed to enforce the provisions of said statute and the
provisions of this article.
(Ord. No. 10817, § 2, 12-6-90; Code 1980, § 12.1-2; Ord. No. 13256, § 1, 3-10-11)
State Law reference— Similar provisions, F.S. § 812.173.
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 inspectors, as defined in this Code, are
authorized and directed to enforce the provisions of said statute and the provisions of this article.
(Ord. No. 10817, § 3, 12-6-90; Code 1980, § 12.1-3; Ord. No. 13256, § 1, 3-10-11)
State Law reference— Similar provisions, F.S. § 812.174.
Sec. 31-79. - Noncompliance fees.
Violations of the provisions of this article shall be cited by the city and the violator shall be given 30
days after receipt of the citation within which to correct the violation. If the violation continues beyond the
time specified for correction, the violator shall be notified to appear before the code enforcement board. If
the violator is found to have violated this article, the code enforcement board may impose a fine not to
exceed $250.00 per day per violation for a first occurrence. The code enforcement board may impose a
fine not to exceed $500.00 per day, per violation for each repeated violation. Such fines shall continue to
accrue so long as the violation continues to exist on the property as per the provisions of sections 2-811
through 2-820 of this Code, but shall not exceed a total of $5,000.00.
(Ord. No. 10817, § 4, 12-6-90; Code 1980, § 12.1-4)
State Law reference— Enforcement, F.S. § 812.715.
Sec. 31-80. - Civil fines.
Page 55
Any owner or principal operator of a convenience store, as defined in section 31-76, and located within
the city who willfully and deliberately violates the requirements of this article or who deliberately fails to
initially implement the requirements of this article shall be required to pay to the city, upon complaint filed
by the city, a civil fine of up to $5,000.00.
(Ord. No. 10817, § 5, 12-6-90; Code 1980, § 12.1-5)
State Law reference— Enforcement, civil fine, F.S. § 812.715.
Page 56
Chapter 39 - PEDDLERS AND ITINERANT VENDORS
Footnotes:
--- (1) ---
Charter reference— Authority of city to classify, license businesses, § 3(aa).
City Code cross references— Local business tax and miscellaneous business regulations, ch. 31;
sidewalk cafes, § 54-221 et seq.; newsracks, § 54-261 et seq.
State Law reference— Employment of minors in street trades, F.S. § 450.081(4); peddling at camp
meetings, F.S. § 871.03.
ARTICLE I. - IN GENERAL
Secs. 39-1-39-25. - Reserved.
ARTICLE II. - SIDEWALK AND STREET VENDORS
Sec. 39-26. - Definitions.
For the purposes of this Article:
Biscayne Boulevard special vending district is defined as all public rights -of -way within that area
bounded on the east by the centerline of Biscayne Boulevard; on the north by Northeast 11 th Street; on the
west by Northeast 1st Avenue; and on the south by Northeast 5th Street.
Business tax receipt (BTR) as defined in Chapter 31 of the City of Miami Code.
Civic center special vending district is defined as all public rights -of -way within that area bound by and
including both sides of Northwest 12th Avenue on the east, Northwest 14th Street on the north, Northwest
12th Street on the south, and Northwest 14th Avenue on the west.
Coconut Grove special vending district is defined as all public rights -of -way within that area known as
the "Coconut Grove Village Center" which is generally delineated by the SD-2 district zoning boundaries of
the city zoning ordinance, as amended, and more particularly described as the area bounded by a line
which marks its point of beginning at the intersection of South Bayshore Drive and Mary Street. From said
point of beginning move north on Mary Street to Oak Avenue, then west on Oak Avenue to Matilda Street,
then south on Matilda Street to Florida Avenue, then west on Florida Avenue to Margaret Street, then south
on Margaret Street to William Avenue, then follow an imaginary straight line extending Margaret Street due
south until it intersects with Main Highway, then follow Main Highway north to McFarlane Road, then
southeast on McFarlane Road to South Bayshore Drive, then northeast on South Bayshore Drive to Mary
Street, which is the point of beginning.
Department of health is defined as the Dade County department of public health.
DDA is defined as being the Downtown Development Authority of the City of Miami.
Director is defined as the director of the department of public works.
Downtown Miami special vending district is defined as all public rights -of -way within that area generally
commensurate with the boundaries of the Miami Downtown Development Authority, but more specifically
Page 1
described as that area bounded on the east by Biscayne Bay, except between Northeast 17th Street and
Northeast 24th Street; on the north by the commercial corridors along Biscayne Boulevard from Northeast
17th Street to Northeast 24th Street; on the west by the Florida East Coast Railway from Northwest 17th
Street, Northwest Fifth Street, then west along Northwest Fifth Street to Northwest Third Avenue to West
Flagler Street, then west along Flagler Street to the Miami River, then east to the Metrorail guideway; and
on the south by Southeast 15th Road; but shall exclude the area comprising the Miami Arena Special
Vending District. Said district shall be subdivided into three areas for purposes of awarding franchises and
setting franchise fees: area A, which shall consist of Flagler Street between Biscayne Bay and the Miami
River; area B, which shall consist of Northeast/Northwest First Street and Southeast/Southwest 1st Street
between Biscayne Bay and the Miami River; and area C, which shall include those areas north and south
of areas B as follows: the northern segment of area C shall consist of that area bounded on the south by
Northeast/Northwest Second Street, on the North by Northeast/Northwest 24th Street, on the west by the
Miami River and on the east by Biscayne Bay, but shall not include the area comprising the Miami Arena
Special Vending District; the southern segment of area C shall consist of that area bounded on the North
by Southeast/Southwest Second Street, on the east by Biscayne Bay, on the west by the Miami River and
Southwest Third Street, and on the south by Southeast/Southwest 15th Road.
Executive director is defined as the executive director of the Downtown Development Authority of the
City of Miami.
Extended sidewalk is defined as sidewalk either at an intersection or midblock which has been
approximately doubled in width to occupy a former parking lane.
Food is defined as solid food and beverages allowed to be sold in accordance with this article.
Franchise is defined as the exclusive right to vend in a special vending district pursuant to the
provisions of sections 39-33, 39-34, and 39-37.1.
Franchise document or franchise permit is defined as a document provided by the executive director
or director to evidence the right granted pursuant to sections 39-33, 39-34, and 39-37.1 to exclusively vend
in a specified vending zone.
Franchise period is defined as the time, which shall be one year, (except for the inaugural franchise
period for the Biscayne Boulevard special vending district, which shall be until September 30, 2001), a
vendor may be granted the franchise for a specific vending zone.
Licensee is defined as any person or business entity which has been issued or controls one or more
licenses to conduct vending activity in the city.
Miami Arena special vending district is defined as all public rights -of -way within that area bounded by
the north side of Northeast/Northwest Fifth Street on the south, both sides, respectively of Northwest Third
Avenue on the west, Northeast Second Avenue on the east and Northeast/Northwest Tenth Street on the
north.
Motor vehicle is defined as any vehicle used for the displaying, storing, or transporting of articles
offered for sale by a vendor, which is required to be licensed and registered by the department of highway
safety and motor vehicles.
Open flame is defined as being a heat source which consists of a visible flame or which produces
smoke at any time.
Open flame cooking is defined as the cooking of food utilizing a heat source which consists of a visible
flame or which produces smoke during the cooking process.
Permittee is defined as the recipient of a restaurant arcade vending zone permit under the terms and
provisions of this article.
Person is defined as any natural individual, firm, trust, partnership, association, or corporation, in his
or its own capacity or as administrator, conservator, executor, trustee, receiver, or other representative
appointed by a court. Whenever the word "person" is used in any section of this article prescribing a penalty
or fine as applied to partnerships or associations, the word shall include the partners (both general and
Page 2
limited) or members thereof, and such word as applied to corporations shall include the officers, agents, or
employees thereof who are responsible for any violation of said section.
Planning sticker is defined as the sticker issued by the planning, building and zoning department
pursuant to section 39-34(7).
Posted notice lottery is defined as a lottery with notice to be given solely by the posting of at least four
signs in each of the city's special and restricted zoning districts, with the exception of the arcade and Miami
Arena vending districts, at least 30 days prior to the lottery date.
Pushcart is defined as a wheeled vehicle propelled solely by a single human.
Qualified vendor is defined as any vendor who successfully completes prequalification of his, her or
its application for a vending zone; including pushcart certification and proof of all required licenses and
permits.
Restaurant arcade is defined as a second -level structure authorized, pursuant to section 54-186 of
this Code, to extend within the public right-of-way by revocable permit, which is elevated over a portion of
the public sidewalk, and which at the second level contains only seating for a restaurant located within the
second floor of an adjacent building.
Restaurant arcade vending zone is defined as the ground level public right-of-way sidewalk area under
a restaurant arcade, and shall include any widened area of such sidewalk which may extend beyond and
parallel to the street side of such restaurant arcade.
Right-of-way is defined as land dedicated, deeded, used or to be used for a street, alley, walkway,
boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain designated
individuals of governing bodies.
Stand is defined as any table, showcase, bench, rack, pushcart, or any other wheeled vehicle or device
which may be moved without the assistance of a motor and which is not required to be licensed and
registered by the department of highway safety and motor vehicles, used for displaying, storing, or
transporting of articles offered for sale by a vendor.
Street as used herein includes any primary accessway such as a street, road, lane, highway, avenue,
boulevard, parkway, circle, court, terrace, place, or cul-de-sac, and also includes all of the land lying
between the right-of-way lines as delineated on a plat showing such streets, whether improved or
unimproved.
Vending is defined as the act of selling, offering for sale, transferring, or offering to transfer food,
merchandise or services to another for pecuniary gain.
Vending year is defined as the one-year calendar period from October 1 to September 30.
Vending zone is defined as a rectangular area within a restricted vending district where vending is
permitted pursuant to this article; said vending zone to be delineated by markings on the sidewalk
delineating a rectangle within the limits of which a vending pushcart may be placed.
Vendor is defined as any person engaged in the selling, or offering for sale, of food, beverages,
services, or merchandise on the public streets, or sidewalks from a stand or motor vehicle or from his
person.
Vendor location is defined as a sidewalk area, within a vending zone, which has been selected and
identified by the public works department as the specific vendor site(s) at which all vending in that zone
shall occur.
Wholesale peddler is defined as any person who sells or offers for sale any goods, wares, or
merchandise to any person engaged in the business of selling at retail in the city, or to any person for the
purpose of resale within the city, or to any drugstore, soda fountain, restaurant, cafeteria, hotel, club or
tearoom within the city, from a wagon, truck, auto, pushcart or by any other means, operating in or upon
the streets of the city in other than a licensed place of business. Such term shall not apply to a wholesale
automobile accessories dealer.
Written matter is defined as newspapers, periodicals, books, pamphlets or other similar written matter.
Page 3
(Ord. No. 9880, § 1, 9-13-84; Ord. No. 10045, § 1, 9-26-85; Ord. No. 10479, § 1, 9-8-88; Ord.
No. 10499, § 1, 10-27-88; Ord. No. 10660, § 1, 10-12-89; Ord. No. 10855, § 1, 3-14-91; Ord.
No. 10891, § 1, 6-20-91; Ord. No. 11169, § 2, 7-26-94; Ord. No. 11212, § 3(39-11), 1-12-95;
Ord. No. 11249, § 2, 4-27-95; Code 1980, § 39-11; Ord. No. 12002, § 2, 12-14-00; Ord. No.
13105, § 2, 10-8-09)
Sec. 39-27. - Intent of article.
The intent of this article is to regulate vending on streets, rights -of -way and publicly owned parking
facilities within the corporate limits of the city.
(Ord. No. 10891, § 1, 6-20-91; Code 1980, § 39-11.1)
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, 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.
(Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-12; Ord. No. 13105, § 2, 10-8-09)
Editor's note- Ord. No. 13105, § 2, adopted Oct. 8, 2009, changed the title of § 39-28 from
"License required" to "BTR required." The historical notation has been preserved for reference
purposes.
Charter reference- Authority of city to license, regulate peddlers, § 3(gg).
City Code cross reference- License fees for peddlers, § 31-50.
Sec. 39-29. - License not applicable in certain areas of the city during certain time periods.
BTR issued under the provisions of chapter 31 to vendors shall not be applicable within certain areas
of the city designated by the city manager during specific time periods designated for authorized special
events. The areas so designated shall not encompass more than five percent of the total land area of the
city; the total of the time periods so specified shall not exceed 30 days in any fiscal year.
(Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-13; Ord. No. 13105, § 2, 10-8-09)
Sec. 39-30. - Applications.
The BTR required by section 39-28 shall be issued in accordance with chapter 31, of the City Code.
The initial application for a vendor's BTR shall include, in addition to the information required in section 31-
35:
Page 4
(1) Name, home and business address of the applicant and the name and address of the owner, if
other than the applicant, of the vending business, stand, or motor vehicle to be used in the
operation of the vending business.
(2) A description of the type of food, service, or merchandise to be sold.
(3) A description and photograph of any stand or motor vehicle to be used in the operation of the
business, including the license and registration number of any motor vehicle used in the operation
of the business. Photograph shall be of standard motor vehicle in operational mode.
(4) Three two-inch by two-inch prints of a full -face photograph, taken not more than 30 days prior to
the date of the application, of any person who will sell, or offer for sale, any food, service, or
merchandise on any street or sidewalk within the city.
A certificate of inspection, as required by section 39-42.
(5)
(Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-14; Ord. No. 13105, § 2, 10-8-09)
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 for the decision on the issuance or denial of the BTR. Failure of
the finance department 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 or designee that a BTR be issued. If the issuance
of the BTR is approved, the finance department 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.
(Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-15; Ord. No. 13105, § 2, 10-8-09)
Sec. 39-32. - Vending prohibited in certain locations.
Vending is prohibited in the following locations:
(1) Within special vending districts or restaurant arcade vending zones, except within designated
vending zones of said areas.
(2) From a public parking lot, metered or unmetered parking space, on -street parking space, or
loading zone.
(3) Within 500 feet of any property used for school purposes (preschool, elementary, secondary) on
all school days between the hours of 7:00 a.m. and 4:30 p.m. 2
(4) On any combination sidewalk and curb width less than six feet in width.
(5) Within five feet of the entranceway to any building.
(6) Within 100 feet of any driveway entrance to a police or fire station, or within 20 feet of any other
driveway.
(7) Within 20 feet of any bus stop zone.
(8) Within five feet of the pedestrian crosswalk at any intersection, or designated pedestrian crossing
point.
Within ten feet of any handicapped parking space, or access ramp.
(9)
(10) Within 20 feet of a sidewalk cafe permitted pursuant to chapter 54 of the city Code.
Page 5
(Ord. No. 9880, § 1, 9-13-84; Ord. No. 10045, § 1, 9-26-85; Ord. No. 10499, § 1, 10-27-88; Ord.
No. 10660, § 1, 10-12-89; Ord. No. 10891, § 1, 6-20-91; Ord. No. 11212, § 3(39-16), 1-12-95;
Code 1980, § 39-16)
Footnotes:
--- (2) ---
County Code cross reference— Similar provisions, § 21-27.1.
Sec. 39-33. - Limitations within the Downtown Miami special vending district.
Vending within the Downtown Miami vending district shall be subject to all generally applicable rules
and regulations in this article except as contrarily and specifically provided below:
(1) No merchandise shall be vended or displayed other than:
a. Prepackaged foods, as defined by 61C-4.009, Florida Administrative Code (1994), as
amended, of the snack food type.
b. Prepared foods including, but not limited to: ice cream, baked goods, fresh fruit and the like.
c. Unprepared foods including, but not limited to: hot dogs, crepes and the like.
d. Plants and flowers including, but not limited to: fresh cut or dried flowers or potted plants and
the like.
(2) Vending of merchandise shall be prohibited from any type of vehicle or stand other than a
pushcart of the specific types and construction shown and described on composite "exhibit B,"
attached to Ordinance No. 11212. Pushcarts satisfying said criteria may be purchased by the
DDA utilizing fees collected from vending zone franchises and may be leased to the franchisees
at lease rates to be determined by the DDA. Vendors shall not be precluded from using non-DDA
provided equipment or pushcarts. However, said materials shall satisfy the above criteria and be
inspected and certified by DDA as having complied with this section.
No merchandise, supplies, containers or any other items related to the vendor shall be placed
anywhere within the public right-of-way other than on or concealed within the pushcart, with the
exception of one folding chair or wooden stool of a type approved by the DDA.
(4) No vendor or entity shall own, operate, hold or control a local business tax receipt for more than
one pushcart in the herein district.
(5) Vending zones.
a. Assignment of vendors to specific vending zones.
1. Franchise rights.
i. Vending in vending zones within the Downtown Miami special vending district shall
be the subject of inquiries from duly licensed vendors willing to pay for the franchise
right to vend exclusively from a specifically identified vending zone, subject to
applicable rules, regulations, ordinances and statutes governing vending. There
shall be a monthly franchise fee of $100.00 for area A, $50.00 for area B, and
$20.00 for area C. As a condition precedent to the granting of a franchise, the first
full monthly payment and any partial month preceding the first full month, pro rated,
shall be paid at the time the franchise is granted. Each succeeding monthly
payment shall be paid by the franchisee, at the office of the DDA, on the first day
of each month (on the following Monday if the first is on weekend, and the next
(3)
Page 6
day if the first is on a national holiday which closes City of Miami offices on such
Monday). Payments shall be made by cashier's check, bank -certified funds, or
money order payable to the City of Miami. Failure to tender required payments on
the dates specified shall invalidate said franchise award and vacate the vending
zone.
b. Location of vending zones.
1 There shall be a maximum of 75 vending zones in this district, with 25 allotted to each
of those areas to be known as A, B, and C. Vending zones shall be delineated by the
DDA in cooperation with the public works department and the downtown NET office
based upon the following criteria:
i. Vending zones shall be located in areas where the sidewalk width is sufficient to
accommodate regular daily peak -hour pedestrian flow plus the six-foot sidewalk
width necessary for the vending zone, with a minimum of friction and pedestrian
inconvenience.
ii. Vending zones shall, whenever possible, be located where the sidewalk and curb
have been extended into the street forming a pedestrian peninsula.
iii. Along the streets, where the sidewalk does not meet the above criteria, vending
zones may be located in areas of the sidewalk constricted in width by existing utility
poles, benches, signposts, trees, and similar permanent obstructions.
iv. Vending zones shall conform to all limitations listed in section 39-32 except as
contravened in this section.
v. Vending zones shall be limited to no more than ten percent of the linear frontage
of each block. Priority shall be given to qualified areas near street corners and
major nonresidential building entrances. Said zones shall have a minimum
distance separation from one another of 50 feet.
2. No vending shall be permitted within the Downtown Miami special vending district
except within the sidewalk areas specifically designated on the official map attached to
Ordinance No. 11212 as composite "exhibit A." Said vending maps, as amended, shall
be the official vending zone locator for this district and shall be kept in the office of the
city clerk with certified copies being furnished to the City of Miami's Downtown
Neighborhood Enhancement Team (NET) office, the executive director and the director.
3. Substitute locations amending said map may be considered and approved by the
executive director on a case -by -case basis if such locations are in compliance with all
the provisions of this article and other applicable regulations. The revised location map
shall be immediately filed with the city clerk and copies sent to the downtown NET
administrator and the director.
4. Vending zones may also be eliminated.
5. Eliminations or substitutions shall be based on findings by the executive director or
director that such action is warranted on health and safety grounds, or necessitated by
rights -of -way improvement or private or public construction activity.
c. Lottery.
1. The DDA shall establish and the executive director shall supervise a lottery system
whereby those persons possessing, as conditions precedent to participating in the
lottery, valid and appropriate state licenses (upon required inspections, from the state
department of business and professional regulation for the sale of prepared food, and/or
the state department of agriculture for the sale of prepackaged food, or their successor
agencies), an local business tax receipt, appropriate state and local sales tax
certificates and DDA pushcart certification shall be publicly chosen by chance for
vending zones in this district. The executive director or downtown NET administrator
Page 7
shall assign each vending zone a number corresponding to a location on the
appropriate vending map. All qualified vendors shall have their names placed into
containers for a public drawing by the executive director or his or her designee to
determine which location shall serve as the vending zone for each vendor for the
franchise period. At the conclusion of the franchise period all franchise rights shall end
and all franchises shall be subject to a new lottery.
2. The DDA is authorized and directed to annually issue a "Notice of Street Vending
Franchise Opportunities in Downtown Miami." Said notice for each franchise period
shall be publicly advertised in a newspaper of general circulation approximately 60 days
prior to each franchise period and shall indicate the pending availability of exclusive
vending zones in the district, and the terms of such availability, including the date, place
and time of the lottery. Notices as fora posted notice lottery may also be given, but shall
be considered courtesy notice only.
3. Utilizing the standards and criteria set forth in this article, the DDA may promulgate such
reasonable supplementary rules, regulations and/or procedures as are necessary to
implement and effectuate the herein lottery and vending zone assignment process,
which shall include participation by a representative of the Downtown Miami
Partnership. Said supplementary rules, regulations and procedures shall be filed with
the city clerk, and also made available at the DDA and the downtown NET office.
4. For vending zones which may become available during the franchise period due to
vacancy, abandonment or executive director's or director's action, the executive director
may specify the date, time and place for the holding of a special lottery for such
designated vending zone(s), and shall publicly advertise said information as for a
posted notice lottery.
5. All franchise documents are nontransferable. Sale of a majority of stock in a corporate
franchise by stockholders listed on the franchise application or sale of a majority interest
in a partnership as listed on the franchise application shall be deemed a transfer of the
franchise, which is prohibited. The franchise document shall be in the possession of the
vendor and immediately accessible at all times, and shall be displayed to a police
officer, code enforcement officer or Downtown Miami Neighborhood Enhancement
Team ("NET") official upon request. Failure to immediately provide this document, along
with a valid local business tax receipt, the pushcart certification required by subsection
(2) of this section, sales tax certificate(s) required by subsection (16) of this section,
and appropriate current state inspection license(s) shall be grounds for immediate
removal of the pushcart from the vending zone and district, suspension of the franchise
and initiation of local business tax receipt and franchise revocation proceedings by the
executive director or NET administrator.
6. Franchises awarded pursuant to this section shall be subject to section 39-29.
Furthermore, the award of a franchise pursuant to this section does not grant or infer
vested rights to the use of the public rights -of -way by the franchisee.
7. Any vending zone or franchise document issued pursuant to this section shall be subject
to modification by ordinance at any time deemed necessary by the city commission.
Vending in any vending zone may be temporarily suspended or relocated by the director
upon reasonable notice when private or public construction or activities or health and
safety concerns of the director make it unsafe or impractical to allow vending in that
vending zone. Such suspension(s) which last for a continuous or cumulative period in
excess of five days of a franchise period shall result in a pro rata refund of the lottery
franchise fee paid by the franchisee who is the subject of such suspension. No other
payments or compensation shall be owed by the city or due the franchisee as a result
of such suspension(s). A vendor so dispossessed may, if possible, be offered a
substitute vending zone by the executive director without the necessity of lottery
proceedings. Said new location shall be valid for the balance of the time remaining on
the vendor's franchise document for that franchise period, or until the vendor's original
Page 8
franchise is again available, whichever date or event occurs first. If a substitute location
is accepted by the vendor the refund shall be only for the actual days of suspended
operation, and shall not include the assigned day(s) of operation in the substitute
location.
8. Vending activity voluntarily terminated, or suspended or revoked due to unauthorized
absence or other violations of this article or otherwise violating the Code of the City of
Miami, Dade County or general law shall not be the basis for any pro rata refund of a
franchise fee. Revocation of franchise documents based on voluntary termination,
unauthorized absences or violations shall result in a forfeiture of the entire franchise
fee.
d. Limitations within vending zones.
1. There shall be no more than one vendor permitted to operate within each vending zone.
2. Each vendor shall be permitted to operate within only one vending zone.
3. Each vending zone shall approximate the size of the specific pushcart permitted within
said vending zone and shall be clearly marked on the sidewalk.
4. Vending pushcarts shall be, at all times, positioned so that their longest side is parallel
to the street curb.
e. All participants in lottery proceedings pursuant to this section shall submit, as a condition
precedent to participating, a copy of an appropriate valid local business tax receipt,
certification from the DDA that the pushcart which is to be used in this district has been
issued a document evidencing compliance pursuant to subsection (2) of this section, sales
tax certification pursuant to subsection (16) of this section and the appropriate state license
pursuant to subsection (20) of this section.
f. Unauthorized absence from a designated vending zone shall constitute a basis for
suspension and revocation of a franchise document. Upon certification by the executive
director or NET administrator that a vending zone has been unoccupied for a continuous
period of 15 days for reasons other than those mentioned in subsection (5)c.5 of this section
or section 39-29, the executive director or NET administrator shall notify the vendor of the
intent to revoke the vendor's franchise unless clear evidence of vending activity during the
15-day period in question is provided to the executive director or NET administrator.
Subsequent to ten-day notice mailed by certified mail to the address shown on the vendor's
lottery application form, the executive director shall conduct a hearing and may revoke the
vending franchise and reward the franchise to a different vendor, pursuant to a posted notice
lottery, for the balance of that franchise period. The vendor subject to such revocation may
appeal said decision in the same manner provided in section 54-230. An appeal shall not
stay an order banishing a pushcart or franchisee.
Any franchisee incurring three written notices of violation of this article within a two-year
period shall be the subject of the following franchise revocation proceedings:
1. When violations occur, the franchisee shall be notified by the executive director, his
designee, or downtown NET office in person or via certified mail. The first violation
notice or citation shall be a reprimand; the second violation notice or citation shall be a
warning; the third violation notice or citation shall result in an automatic revocation of
franchise document, immediate removal of the franchisee's pushcart from the district,
and banishment of the violator from the district for a period of one calendar year.
2. Revocations may be appealed in the same manner provided in section 54-230. An
appeal shall not stay an order to remove a pushcart or banish a franchisee from the
district.
g.
h. A franchisee may voluntarily relinquish a franchise through written, notarized notification to
the executive director, specifying an effective date. On said date the subject vending zone
shall be automatically reclassified as vacant, and subject to reassignment in a special lottery.
Page 9
The relinquishing franchisee shall be ineligible to participate in any lottery in that specific
special vending district for the balance of that franchise period.
(6) All goods for sale other than those on display must be stored within the structure of the pushcart
and shall not be visible to the general public.
(7) It shall be unlawful for any vendor to use any noise making device to solicit customers.
(8) Pushcarts shall not be chained or otherwise affixed to trees, lightpoles, sign stanchions or any
other object in the right-of-way.
(9) Pushcarts shall be required to be in their vending zone between the hours of 9:00 a.m. and 6:00
p.m. on a weekday and between the hours of 10:00 a.m. and 6:00 p.m. on a Saturday or Sunday.
(10) Vending shall be prohibited within eight feet of the entranceway to any building, and within 50
feet of the entranceway to any church, synagogue or other place of worship.
(11) No open flame cooking shall be permitted.
(12) Vending zones shall not be occupied exclusively by a selected vendor pursuant to this section
until July 1, 1995. Said date shall initiate the inaugural franchise period for the Downtown Miami
special vending district.
(13) Fees collected under this subsection are for franchises granted for the exclusive right to use a
portion of the public right-of-way, and are in addition to other permit fees and local business taxes
imposed by law.
(14) All franchise fees collected pursuant to this section shall be placed in a special account
established for the Downtown Miami special vending district by the City of Miami's director of
finance, and shall be utilized exclusively by the executive director, upon approval of the DDA
board of directors, for the administration of this district, its management services and purchase
or replacement of pushcarts and/or related equipment.
(15) The executive director shall design and distribute to those awarded a vending zone a franchise
document identifying the person or entity chosen by lottery, the specific location where said
person or entity is to be allowed to vend exclusively during the vending period, and the duration
of such entitlement.
(16) Except as otherwise provided in this section all franchise documents issued for vending activity
within the district shall be valid for a period of one year or, in the case of special lottery
franchisees, the balance of the franchise period. Prior to the expiration date (September 30 of
each year), vending zones shall once again be awarded pursuant to the lottery requirements of
this section. The reallocation and assignment of vending zones shall become effective on October
1 of each year and no vendor shall be allowed to occupy the same vending zone for two
consecutive franchise periods.
(17) All franchise documents issued for vending activity in this district shall only be valid during one
franchise period, and shall expire on the expiration date shown on the franchise document and
records of the executive director. Upon such expiration the vendor's exclusive right to such
vending zone shall terminate, and vending rotation rights shall once again be awarded pursuant
to the lottery procedures of this section.
(18) Liability and insurance.
a. Prior to the issuance of a franchise document, the vendor shall furnish the executive director
with a signed statement that said vendor shall hold harmless and indemnify the city and DDA
and their officers and employees for any claims for damages to property or injury to persons
which may be occasioned by any activity carried on under the terms of the franchise
document and associated local business tax receipt.
b. Prior to the issuance of a franchise document, said vendor shall also furnish proof of and
maintain such public liability and property damage from all claims and damage to property
or bodily injury, including death, which may arise from or in connection with operations under
Page 10
the franchise document and associated local business tax receipt. Such insurance shall
provide coverage of not less than $500,000.00 for bodily injury, and property damage
respectively per occurrence. Such insurance shall be without prejudice to coverage
otherwise existing and shall name as additional insured the city and DDA and their officers
and employees, and shall further provide that the policy shall not terminate or be canceled
for any reason, prior to the completion of the franchise period without 45 days' written notice
to the risk management division of the department of fire -rescue or its successor, the
executive director and the director of public works of the city at the addresses shown in the
franchise document.
(19) Sales tax certification. Prior to the issuance of a franchise document, the vendor shall also
furnish original evidence of a valid certificate of resale or equivalent document from the Florida
Department of Revenue and Metropolitan Dade County, if applicable, evidencing that the vendor
and the specific vending activity authorized by said franchise document have been permitted by
said tax collection entities to the extent mandated by law. Franchisee(s) shall furnish upon
demand, evidence that the herein requested certificate of resale or equivalent document is
current. Failure to maintain said certification shall constitute a basis for suspension and/or
revocation of a franchise document.
(20) State license inspection and certification. Prior to issuance of a franchise document, the vendor
shall also furnish original evidence of a valid license issued, upon inspection, by the state
department of business and professional regulation (for vending prepared food, as defined by
state regulations) and/or the state department of agriculture (for vending prepackaged food, as
defined by state regulations).
(Ord. No. 9880, § 1, 9-13-84; Ord. No. 10479, § 1, 9-8-88; Ord. No. 10633, § 1, 9-14-89; Ord.
No. 10805, § 1, 10-25-90; Ord. No. 10891, § 1, 6-20-91; Ord. No. 11212, § 3(39-17), 1-12-95;
Ord. No. 11249, § 2, 4-27-95; Code 1980, § 39-17; Ord. No. 11288, § 2, 7-13-95; Ord. No.
12885, § 1, 2-8-07)
Sec. 39-34. - Limitations within the Coconut Grove special vending district.
Vending within the Coconut Grove special vending district shall be subject to all generally applicable
rules and regulations in this article, including section 39-33, except as contrarily and specifically provided
below:
(1) No merchandise shall be vended or displayed other than:
a. Handmade art and crafts: Any handmade art or craft which takes a material which has been
changed into an entirely different shape, design, form or function is acceptable as an original
object of art or craft. The craft or art object of sale must be predominantly created or altered
in form by the street artist or craftsperson. Assembly alone does not constitute handmade.
b. Plants and flowers: Nonhazardous or noncontrolled vegetation limited to fresh cut or dried
flowers or potted plants.
(2) Vending of merchandise shall be prohibited from any type of vehicle or stand other than a
pushcart of the type shown on attachment A hereto (not reproduced in the Code). No
merchandise, supplies, containers, or other items related to the vendor shall be placed anywhere
in the public right-of-way other than in or on the pushcart except for one folding armchair or
wooden stool. No vendor shall operate or hold an local business tax receipt for more than one
pushcart in the herein district.
(3) Vending zones.
a. Quantity and location of vending zones. The number of vending zones shall not exceed ten.
No vending shall be permitted in the Coconut Grove special vending district except within
the sidewalk areas specifically designated on the official graphic attached hereto as
Page 11
"attachment A," as amended, and herein referred to as the "vending map." (Attachment A is
not reproduced in the Code.) Substitute locations may be approved by the director of the
department of public works upon a finding that such new vending zone(s) is in an
unobstructed sidewalk area, and otherwise satisfies all provisions of this article and other
applicable regulations. Such substitutions shall be based on findings by the director that such
temporary or permanent relocation is warranted on health and safety grounds, or
necessitated by rights -of -way improvement or private or public construction activity. This
vending map, as amended, shall be the official vending zone locator for the district, and shall
be kept in the office of the director, with copies furnished upon its adoption, and upon any
amendment thereto, to the city clerk and the Coconut Grove Neighborhood Enhancement
Team (NET) office.
b. Limitations within vending zones.
1. There shall be no more than one vendor permitted to operate from each vending zone.
Each vendor shall be permitted to operate from only one vending zone.
2. Each vending zone shall approximate the size of one permitted pushcart and shall be
clearly marked on the sidewalk by the department of public works.
3. Vending pushcarts shall be at all times situated in a position with their longest side
parallel to the street curb.
c. Assignment of vendors to specific vending zones.
1. Franchise rights. Vending zones within this district shall be occupied only by licensed
vendors willing to pay the city for the franchise right to vend exclusively from designated
vending zones in the Coconut Grove special vending district, subject to applicable rules,
regulations, ordinances and statutes governing vending. There shall be a franchise fee
due of $200.00 per month, for a total of $1,200.00 per franchise period, for franchises.
As a condition precedent to receiving a franchise, the total amount due for the franchise
period shall be paid in full. Payment shall be by cashier's check, bank certified funds,
or money order payable to the city. Failure to tender required payment on the date of
the lottery shall invalidate such award and vacate the vending zone.
2. Lottery.
i. The director shall establish and supervise a lottery system whereby those persons
possessing a valid and appropriate local business tax receipt, appropriate state
and local sales tax certificate(s), and planning sticker to vend shall be chosen by
chance for vending zones in this district. The director or NET administrator shall
assign each vending zone a sequential number corresponding to a clockwise
circuit pattern of sequential locations on the vending map. All qualified vendors
shall have their names placed into a container for a drawing by the director or NET
administrator to determine which location shall serve as the initial vending zone for
each vendor at the beginning of a franchise period. On the first day of each month
following the first month of each franchise period all vendors shall relocate, via
rotation, to the next vending zone in the aforementioned sequence. All franchise
rights shall transfer to the new location and cease in the prior location upon such
rotation. Said rotation shall continue for the duration of the franchise period. At the
conclusion of the franchise period all franchises shall be subject to a new lottery.
ii. The director is authorized to issue a "notice of street vending franchise
opportunities in Coconut Grove." Said notice for each franchise period shall be
publicly advertised in a newspaper of general circulation in approximately mid -
August and mid -February of each calendar year, and shall indicate the pending
availability of exclusive vending zones in the district and the terms of such
availability, including the date, place and time of the lottery. Notices as for a posted
notice lottery may also be given, but shall be considered courtesy notice only.
Page 12
iii. Utilizing the standards and criteria set forth in this article, the director may
promulgate such reasonable supplementary rules, regulations and procedures as
are necessary to implement and effectuate the herein lottery and vending zone
assignment process.
iv. For vending zones which may become available during the franchise period due
to abandonment or director's action, the director shall specify the date, time and
place for the holding of a special lottery for such designated vending zone(s), and
shall publicly advertise said information as for a posted notice lottery.
v. All franchise documents are nontransferable. Sale of a majority of stock in a
corporate franchise by stockholders listed on the franchise application or sale of a
majority interest in a partnership as listed on the franchise application shall be
deemed a transfer of the franchise, which is prohibited. The franchise document
shall be in the possession of the vendor at all times and shall be displayed to a
police officer, Code enforcement officer or Coconut Grove Neighborhood
Enhancement Team (NET) official upon request. Failure to provide this document,
along with a valid local business tax receipt, the planning, building and zoning
department sticker required by subsection (7), and sales tax certificate(s) required
by subsection (14), shall be grounds for immediate removal of the pushcart from
the vending zone and district, suspension of the franchise and initiation of local
business tax receipt and franchise revocation proceedings by the director or NET
administrator.
vi. Franchises awarded pursuant to this section shall be subject to section 39-29.
Furthermore, the award of a franchise pursuant to this section does not grant or
infer vested rights to the use of the public rights -of -way by the franchisee.
vii. Any vending zone or franchise document issued pursuant to this section shall be
subject to modification by ordinance at any time deemed necessary by the city
commission. Vending in any vending zone may be temporarily suspended or
relocated by the director upon reasonable notice when private or public
construction or activities or health and safety concerns of the director make it
unsafe or impractical to allow vending in that vending zone. Such suspension(s)
which lasts for a continuous or cumulative period in excess of five days of a
franchise period shall result in a pro rata refund of the lottery franchise fee paid by
the franchisee who is the subject of such suspension. No other payments or
compensation shall be owed by the city or due the franchisee as a result of such
suspension(s). A vendor so dispossessed may, if possible, be offered a substitute
vending zone by the director without the necessity of lottery proceedings. Said new
location shall be valid for the balance of the time remaining on the vendor's
franchise document for that franchise period, or until the vendor's original franchise
is again available. If a substitute location is accepted by the vendor the refund shall
be only for the actual days of suspended operation, and shall not include the day(s)
of operation in the substitute location.
viii. Vending activity suspended pursuant to section 39-38 or revoked due to
unauthorized absence or violations of the codes of the city, county or general law
shall not be the basis for any pro rata refund of a franchise fee. Contrarily,
revocation of franchise documents based on unauthorized absences or violations
shall result in a forfeiture of the entire franchise fee.
d. All participants in lottery proceedings pursuant to this section shall submit, as a condition
precedent to participating, a copy of an appropriate valid local business tax receipt,
certification from the planning, building and zoning department that the pushcart which will
be used in this district has been issued a planning sticker pursuant to subsection (7), and
sales tax certification pursuant to subsection (14).
Page 13
e. Unauthorized absence from a designated vending zone shall constitute a basis for
suspension and revocation of a franchise document. Upon certification by the director or
NET administrator that a vending zone has been unoccupied for a continuous period of 15
days for reasons other than those mentioned in subsection (3)c.2.vi or section 39-29, the
director or NET administrator shall notify the vendor of the intent to revoke the vendor's
franchise unless clear evidence of proof of vending activity during the 15-day period in
question is provided to the director. Subsequent to ten-day notice mailed by certified mail to
the address shown on the vendor's lottery application form, the director or NET administrator
shall conduct a hearing and may revoke the vending franchise and reward the franchise to
a different vendor, pursuant to a posted notice lottery, for the balance of that franchise period.
The vendor subject to such revocation may appeal the director's decision in the same
manner provided in section 54-230.
f. Any franchise incurring three written notices of violation of this article shall be the subject of
the following franchise revocation proceedings:
1. When violations occur, the franchisee shall be notified by the director of Coconut Grove
NET office in person or via certified mail. The first violation notice or citation shall be a
reprimand; the second violation notice or citation shall be a warning; the third violation
notice or citation shall result in an automatic revocation of franchise document,
immediate removal of the franchisee's pushcart from the district, and banishment of the
violator from the district for a period of one calendar year.
2. Revocations may be appealed in the same manner provided in section 54-230. An
appeal shall not stay an order by the director or NET office to remove a pushcart from
the district.
(4) All goods for sale other than those on display must be stored within the structure of the pushcart
and shall not be visible to the general public.
(5) It shall be unlawful for any vendor to use any noise -making device to solicit customers.
(6) Vending pushcarts may not be chained or otherwise affixed to trees, light poles, sign stanchions
or other stationary entities on the sidewalk.
(7) The design and dimension for the pushcart shall be substantially in conformance with the
drawing, which is attached hereto as attachmentA (on file with the city). Additionally, all pushcarts
shall bear a sticker from the city planning, building and zoning department indicating that the
pushcart has been reviewed by it and satisfies the following design guidelines:
a. Each pushcart must have a minimum of two wheels.
b. No pushcart may have more than four wheels.
c. Wheels must be functional and decorative. Nonfunctional wheels are prohibited.
d. All wheels, except as provided below, shall be made of wood and open -spoked.
e. Automobile wheels and tires, or other such obviously out of place wheel designs, are
prohibited.
f. Casters are prohibited except the use of a caster as a third wheel support for increased
mobility of a heavy pushcart.
g. Each pushcart must have stability features such as brakes or chocks to fix its location.
h. Pushcarts shall be built of durable wood such as oak or similar solid woods.
i. Pushcart construction should exhibit thoughtful design and good workmanship.
j.
Pushcarts must be designed to contain all products, supplies and equipment necessary to
their operation.
k. Each pushcart must have a canopy which comes out of the body of the cart.
Page 14
I. Flashing or moving lights are not permitted.
m. Use of loudspeakers or recorded high volume music is not permitted.
(8) No pushcart shall be in its designated vending zone before 4:30 p.m. on a weekday, or 10:00
a.m. on a Saturday and Sunday, and except for emergencies, shall not leave its designated
vending zone until 2:00 a.m. of the following day. No pushcart is permitted to remain in its vending
zone between 2:00 a.m. and 4:30 p.m. of the following weekday or between 2:00 a.m. and 10:00
a.m. on a Saturday or Sunday.
(9) A vending zone shall not be occupied exclusively by a vendor until October 1, 1994.
(10) Fees collected under this subsection are declared to be franchise fees charged for the right to
exclusive commercial use of a portion of the public rights -of -way in Coconut Grove, and are in
addition to local business taxes imposed by law and other permit fees which may be collected to
defray the cost of administration of this subsection. All franchise fees collected by the director of
finance or his designee pursuant to this section shall be placed in a special account established
for the "Coconut Grove festival committee," and shall be used for purposes of making street and
sidewalk improvements in the Coconut Grove area under said committee's jurisdiction.
(11) The director shall design and distribute to those awarded a vending zone a franchise document
identifying the person or entity chosen by lottery, the specific location where said person or entity
is to be allowed to initially vend exclusively during the vending period, and the duration of such
entitlement.
(12) All franchise documents issued for vending activity in this district shall only be valid during one
franchise period, and shall expire on the expiration date shown on the franchise document and
records of the director. Upon such expiration the vendor's exclusive right to such vending zone
shall terminate, and vending rotation rights shall once again be awarded pursuant to the lottery
procedures of this section.
(13) Liability and insurance.
a. Prior to the issuance of a franchise document, the vendor shall furnish the director with a
signed statement that said vendor shall hold harmless the city, its officers and employees,
and shall indemnify the city, its officers and employees for any claims for damages to
property or injury to persons which may be occasioned by any activity carried on under the
terms of the franchise document and associated local business tax receipt.
b. Prior to the issuance of a franchise document, said vendor shall also furnish and maintain
such public liability and property damage from all claims and damage to property or bodily
injury, including death, which may arise from operations under the franchise document and
associated local business tax receipt or in connection therewith. Such insurance shall
provide coverage of not less than $500,000.00 for bodily injury, and property damage
respectively per occurrence. Such insurance shall be without prejudice to coverage
otherwise existing therein and shall name as additional insured the city, its officers and
employees, and shall further provide that the policy shall not terminate or be cancelled prior
to the completion of the franchise period without 45 days' written notice to the risk
management division of the department of fire -rescue, and the director of public works of the
city at the address shown in the franchise document.
(14) Sales tax certification. Prior to the issuance of franchise documents, said vendor shall also
furnish original evidence of a valid certificate of resale or equivalent document from the Florida
department of revenue and Metropolitan Dade County, if applicable, evidencing that said vendor
and the specific vending activity authorized by said franchise document have been permitted by
said tax collection entities to the extent mandated by law. Franchisee(s) shall furnish, upon
demand, evidence that the herein requested certificate of resale or equivalent document is
current; and failure to maintain said certification shall constitute a basis for suspension and/or
revocation of a franchise document.
Page 15
(Ord. No. 10499, § 1, 10-27-88; Ord. No. 11169, § 2, 7-26-94; Code 1980, § 39-17.1; Ord. No.
11288, § 2, 7-13-95; Ord. No. 11800, § 3, 6-8-99; Ord. No. 12885, § 1, 2-8-07)
Sec. 39-35. - Limitations within the Civic Center special vending district.
Vending within the Civic Center special vending district shall be subject to all rules and regulations in
this article, including section 39-33, except as contrarily and specifically provided below:
(1) No merchandise shall be vended or displayed other than food and fresh cut flowers.
(2) No licensee shall operate or hold an occupational license for more than one pushcart in the
herein regulated district.
(3) Vending zones.
a. Location of vending zones. Vending shall be prohibited in the Civic Center special vending
district except within the sidewalk areas generally designated on the graphic attached hereto
as "attachment A," which is not reproduced herein. The specific vending locations shall be
the responsibility of the department of public works using the standards and criteria
contained in this article. Vending zones and vendor locations may be deleted by the director
of the department of public works upon a finding that the existence of such zone or location
creates an obstruction to pedestrian or vehicular traffic or otherwise creates a threat to the
public health, safety, or general welfare. Additional locations may be approved by the director
of the department of public works upon a finding that such vending location is in a generally
designated area, and otherwise satisfies all provisions of this article and other applicable
regulations.
b. Limitations within vending zones.
1. There shall be no more than one vendor permitted to operate from each vending location
and such vendor may not move from location to location on the same day.
2. Each vending location shall approximate the size of one permitted pushcart and shall
be clearly marked on the sidewalk by the department of public works.
3. All vending locations shall be spaced a distance of not less than 50 feet from any other
vending location.
(4) All goods for sale other than those on display must be stored within the structure of the pushcart
and shall not be visible to the general public.
(5) It shall be unlawful for any vendor to use any noise -making device to solicit customers.
(6) Vending pushcarts may not be chained or otherwise affixed to trees, light poles, sign stanchions
or other stationary entities on the sidewalk.
Vending is prohibited within the herein vending district between the hours of 7:00 p.m. to 7:00
a.m., and pushcarts shall not be located in this district during these hours.
(8) Open flame cooking shall not be permitted.
(7)
(Ord. No. 10660, § 1, 10-12-89; Code 1980, § 39-17.2)
Sec. 39-36. - Limitations within restaurant arcade vending zones.
Vending within a restaurant arcade vending zone shall be subject to all rules and regulations in this
article, except as contrarily and specifically provided below:
(1) Fee. The annual permit fee for establishing or maintaining a restaurant arcade vending zone
shall be $20.00 per square foot of usable sidewalk area, as determined by the department of
public works. The fee is in addition to the license required pursuant to section 39-28.
Page 16
(2) Permit application.
a. Application for a permit to operate a restaurant arcade vending zone shall be made at the
department of public works in a form deemed appropriate by the director. Such application
shall include the following information:
1. Name and address of the applicant;
2. A copy of a valid permit to operate a restaurant arcade over the sidewalk area which is
the subject of the application;
3. A copy of current liability insurance;
4. A drawing (minimum scale of one-fourth inch equals one foot) showing the layout and
dimensions of the existing sidewalk area and adjacent private property, proposed
location, size and number of pushcarts, location of doorways, location of trees, parking
meters, bus shelters, sidewalk benches, trash receptacles, and any other sidewalk
obstruction either existing or proposed within the pedestrian area; and
5. Photographs, drawings, or manufacturers' brochures fully describing the appearance of
all proposed pushcarts, umbrellas, or other objects related to the restaurant arcade
vending zone.
b. Applications shall be accompanied by a nonrefundable application fee of $150.00.
c. Applications shall be reviewed by the following departments: public works; planning, building
and zoning; fire -rescue; and finance (license division and risk management division).
d. Within 30 days of receipt of a completed application, the director shall issue a letter of intent
to approve or deny the permit.
e. The applicant shall provide proof of required insurance prior to receiving the requested
permit.
(3) Permit requirements.
a. No person or entity shall establish a restaurant arcade vending zone on any public sidewalk
unless such person or entity has obtained a valid permit to operate that restaurant arcade
vending zone in such a manner pursuant to this article.
b. Vending activity within any particular restaurant arcade vending zone shall be restricted to
individuals or entities shown as the permittee(s) for the corresponding restaurant arcade on
a valid revocable permit issued pursuant to section 54-186 of the city Code.
(4) Application review standards and criteria. The following standards and criteria shall be used in
reviewing an application for a restaurant arcade vending zone permit:
a. The area to be considered shall have sidewalks, including extended areas, which are 14 feet
in width or greater.
b. Restaurant arcade vending zones shall be located in such a manner that a minimum ten -
foot -wide clear pedestrian path is maintained at all times. In areas of congested pedestrian
activity, the director is authorized to require a wider pedestrian path, as circumstances
dictate.
c. Umbrellas, canopies and other decorative material shall be fire retardant pressure -treated,
or manufactured of fire resistive material.
d. Pushcarts shall not exceed four feet in width and six feet in length, exclusive of canopies and
umbrellas, which are not required.
e. Additionally, all pushcarts shall satisfy the following design guidelines:
1. Each pushcart must have a minimum of two wheels.
2. No pushcart may have more than four wheels.
Page 17
(5)
3. Wheels must be functional and decorative. Nonfunctional wheels are prohibited.
4. Automobile wheels and tires, or other such obviously out of place wheel designs, are
prohibited.
5. Casters are prohibited except the use of a caster as a third wheel support for increased
mobility of a heavy pushcart.
6. Each pushcart must have stability features such as brakes or chocks to fit its location.
7. Pushcarts shall be built of durable materials.
8. Pushcart construction shall exhibit thoughtful design and good workmanship and
aesthetically compliment applicable city master plans or projects for the surrounding
area, both to ensure the safety and convenience of users, and to enhance the visual
and aesthetic quality of the urban environment. Design, materials, and colors shall be
sympathetic and harmonious with an urban environment.
9. Pushcarts must be designed to contain all products, supplies and equipment necessary
to their operation.
10. All electrical apparatus on a pushcart should be of a low voltage type. All electrical
connections shall be by overhead connection and be of a design and type approved by
the director.
Liability and insurance.
a. Prior to the issuance of a permit, the applicant shall furnish the director with a signed
statement, in a form approved by the city attorney, that the permittee shall hold harmless the
city, its officers and employees and shall indemnify the city, its officers and employees for
any claims for damages to property or injury to persons which may be occasioned by an
activity carried on under the terms of the permit.
b. Permittee shall furnish and maintain public liability, food products liability, and property
damage insurance in an amount sufficient to protect the city from all claims and damage to
property or bodily injury, including death, which may arise from operations under the permit
or in connection therewith. Such insurance shall provide coverage of not less than
$1,000,000.00 for bodily injury, and property damage, respectively, per occurrence. Such
insurance shall be approved by the risk management division of the department of finance,
shall be without prejudice to coverage otherwise existing therein and shall name as
additional insured the city, its officers and employees, and shall further provide that the policy
shall not terminate or be cancelled prior to the completion of the permit period without 45
days' written notice to the risk management division of the department of finance, and the
director of public works of the city at the address shown in the permit.
(6) Form and condition of permit. The permit shall be issued on a form deemed suitable to the
director. In addition to naming the permittee and any other information deemed appropriate by
the director, the permit shall contain the following conditions:
a. Each permit shall be effective for one year subject to annual renewal.
b. The permit issued shall be personal to the permittee only and shall not be transferable in any
manner.
c. The permit may be suspended by the director when necessary to clear sidewalk areas for a
"community or special event" authorized by a permit issued by the police department.
d. The director may require the temporary removal of restaurant arcade vending zones when
street, sidewalk, or utility repairs necessitate such action.
e. The department of public works or the police department may immediately remove or
relocate all or parts of the restaurant arcade vending zone in emergency situations.
Page 18
(7)
J.
f. The city and its officers and employees shall not be responsible for restaurant arcade zone
components relocated during emergencies.
The permit shall be specifically limited to the area shown on the "exhibit" attached to and
made part of the permit.
h. The permittee shall use positive action to assure that its use of the sidewalk in no way
interferes with sidewalk users or limits their free unobstructed passage.
i. The sidewalk area covered by the permit shall be maintained in a neat and orderly
appearance at all times and the area shall be cleared of all debris on a periodic basis during
the day, and again at the close of each business day.
No advertising signs or business identification signs shall be permitted in the public right-of-
way; this shall not prohibit the use of umbrellas carrying company logotypes.
k. The permittee shall notify the director of public works, in writing, when operation of the
restaurant arcade vending zone begins. The notice shall be delivered to the director within
24 hours of such commencement.
g.
I. The issuance of a restaurant arcade vending zone permit does not grant or infer vested rights
to use of the sidewalk area by the permittee. The city retains the right to deny the issuance
of a permit or the renewal of a permit.
Denial, revocation or suspension of permit; removal and storage fees; emergencies.
a. The director may deny, revoke, or suspend a permit for any restaurant arcade vending zone
authorized in the city if it is found that:
1. Any necessary business or health permit has been suspended, revoked, or cancelled.
2. The permittee does not have insurance which is correct and effective in the minimum
amount described in subsection (5).
3. Changing conditions of pedestrian or vehicular traffic cause congestion necessitating
removal of restaurant arcade vending zone. Such decision shall be based upon findings
of director that the minimum ten -foot pedestrian path is insufficient under existing
circumstances and represents a danger to the health, safety, or general welfare of
pedestrians or vehicular traffic.
4. The permittee has failed to correct violations of this article or conditions of his permit
within three days of receipt of the director's notice of same delivered in writing to the
permittee.
5. The permittee has failed to take positive actions to prohibit violations from recurring.
6. The permittee has failed to make modifications within three days of receipt of the
director's notice of same delivered in writing to the permittee.
7. Pushcarts and other vestiges of the restaurant arcade vending zones may be removed
by the department of public works, and a reasonable fee charged for labor,
transportation, and storage, should the permittee fail to remove the items within 36
hours of receipt of the director's final notice to do so for any reason provided for under
this article. If the action is taken based on subsection (7)a.2 or (7)a.3, the action shall
become effective upon the receipt of such notice and the permittee shall have four hours
to remove the items.
b. Upon denial or revocation, the director shall give notice of such action to the applicant or the
permittee in writing stating the action which has been taken and the reason thereof. If the
action of the director is based on subsection (7)a.2 or (7)a.3, the action shall be effective
upon giving such notice to permittee. Otherwise, such action shall become effective within
ten days unless appealed to the city commission.
(8) Appeals.
Page 19
a. Appeals shall be initiated within ten days of a permit denial or revocation by filing a written
notice of appeal with the city manager, and a copy of same delivered the same day to the
director. Any revocation effective immediately may also be appealed to the city commission
by such filing within ten days.
b. The city manager shall place the appeal on the first non -planning and zoning city commission
agenda for which reasonable notice can be given and shall notify the director of public works
thereof. At the hearing upon appeal, the city commission shall hear and determine the
appeal, and the decision of the city commission shall be final and effective immediately.
c. The filing of a notice of appeal by a permittee shall not stay an order by the director to remove
a restaurant arcade vending zone or parts thereof. Vestiges of the restaurant arcade vending
zone shall be removed immediately, as set out in subsection (7), pending disposition of the
appeal and final decision of the city commission.
d. A permit which has been suspended or revoked pursuant to subsection (7)a.1, (7)a.2 or
(7)a.4 may be reinstated by the director of the department of public works at such time as
the permittee has demonstrated that the violation has been corrected to the satisfaction of
the department of public works.
e. A new permit shall not be issued or an existing permit shall not be reinstated for a minimum
period of six months after the issuance or reinstatement has been denied by the director of
public works, or in the event of an appeal, by the city commission.
(9) Loudspeakers, etc. Use of loudspeakers or recorded high volume music is not permitted.
(10) Obstruction of pedestrian path. No portion of a pushcart, umbrella or canopy shall extend into
the ten -foot pedestrian path.
(11) Merchandise vending. No merchandise shall be vended or displayed other than that allowed
for the area surrounding the restaurant arcade vending zone.
(12) Placement of vending pushcarts. Vending pushcarts shall be placed between or parallel to the
restaurant arcade's support columns, where applicable, and/or in the widened sidewalk area, if
such exists.
(13) Hours, restrictions. Pushcarts may be located in a restaurant arcade vending zone at any time
of the day or night, unless the director determines that conditions warrant restricted hours.
(Ord. No. 10855, § 1, 3-14-91; Code 1980, § 39-17.3)
Sec. 39-37. - Limitations within Miami Arena special vending district.
Vending within the Miami Arena special vending district shall be subject to all rules and regulations in
this article, including section 39-33, except as contrarily and specifically provided below:
(1) No merchandise shall be vended or displayed other than food.
(2) Pushcarts shall be located in their zones in a physical position commensurate with public works
department sidewalk vending markings for the district.
(3) No licensee shall operate, or hold a local business tax receipt for more than one pushcart in the
herein district.
(4) Vending zones.
a. Location of vending zones. Vending shall be prohibited in the Miami Arena special vending
district except from a specifically approved location within the sidewalk areas generally
designated on the graphics attached hereto as attachments A, B and C. 1J The selection of
specific vending locations shall be the responsibility of the department of public works using
the standards and criteria contained in this article. Vending zones and vendor locations may
be deleted by the director of the department of public works upon a finding that the existence
Page 20
(5)
(6)
(7)
of such zone or location creates an obstruction to pedestrian or vehicular traffic, or otherwise
creates a threat to the public health, safety, or general welfare. Additional locations may be
approved by the director of the department of public works upon a finding that such vending
locations are in a herein generally designated area, and otherwise satisfies all provisions of
this article and other applicable regulations; however, vending shall not be permitted on
sidewalks adjacent to or directly across from residential developments.
b. Limitations within vending zones.
1. There shall be no more than one vendor permitted to operate from each vending location
and such vendor may not move from location to location on the same day.
2. Each vending location shall approximate the size of one permitted pushcart and shall
be clearly marked on the sidewalk by the department of public works. The director shall
keep an updated file showing and listing authorized locations, along with appropriate
graphics, available for public and governmental agency perusal and use.
3. All vending locations shall be spaced and oriented so as to maximize pedestrian flow
and safety, and may exceed the linear frontage limitations of section 39-33(2)e herein.
All goods for sale, other than those on display on the pushcart, shall be stored within the structure
of the pushcart.
It shall be unlawful for any vendor to use any noise -making device to solicit customers.
Vending pushcarts may not be chained or otherwise affixed to trees, light poles, sign stanchions
or other stationary entities within the right-of-way.
(8) Vending is prohibited within the herein vending district between the hours of 12:00 midnight to
10:00 a.m., and pushcarts shall not be located in this district during said hours. Further, vending
shall not be permitted nor shall pushcarts be located within the district on event days except for
a period of time beginning two hours immediately preceding, during and two hours following
authorized event(s). For purposes of this section, events, event days and event times shall be as
determined by the managing office of the Miami Arena and published by the management monthly
in the Miami Arena Calendar of Events. Problems occasioned by changes in event times
occurring subsequent to printing of said calendar, or errors therein, shall be ultimately resolved
by the police department utilizing the most recent official records of the arena's management.
Vending is prohibited, without exception, on any combination sidewalk and curb less than eight
feet in width.
(9)
(10) Open flame cooking and use is prohibited, except as provided in sections 39-39 and 39-40.
(Code 1980, § 39-17.4; Ord. No. 12885, § 1, 2-8-07)
Footnotes:
--- (3) ---
Editor's note— Attachments A, B and C to Ord. No. 10891, adopted June 20, 1991, from which this
section is derived, are not set out, but are on file and available for public inspection in the office of the city
clerk.
Sec. 39-37.1. - Limitations within Biscayne Boulevard special vending district.
Vending within the Biscayne Boulevard special vending district ("district") shall be subject to all rules
and regulations in this article, except as contrarily and specifically provided below:
Page 21
(1) No merchandise shall be vended or displayed other than:
a. Pre -packaged foods, as defined by 61C-1.001, Florida Administrative Code (2000), as
amended, of the snack food type, in sealed bags.
b. Prepared foods including, but not limited to: ice cream, baked goods, fresh fruit and the like.
c. Unprepared foods including, but not limited to: hot dogs, crepes and the like. However,
shiskabobs and like foods requiring heat generators, are prohibited.
d. Plants and flowers including, but not limited to: fresh cut or dried flowers or potted plants and
the like.
(2) Vending of merchandise shall also be in strict compliance with applicable regulations of the
Florida Department of Agriculture, Florida Department of Business and Professional Regulation
and Miami -Dade County.
Vending of merchandise shall be prohibited from any type of vehicle or stand other than a
pushcart of the specific types and construction shown and described on composite "Exhibit B,"
attached to Ordinance No. 11212. Said pushcarts shall satisfy the above criteria and be inspected
and certified initially and on an ongoing basis by the director and downtown NET administrator as
having complied with this section. The director shall prepare a uniform pushcart certification form
for usage in the district.
(4) Pushcarts shall be located in their vending zones in a physical position commensurate with
department of public works vending markings for the district.
No merchandise, supplies, containers or any other items related to the vendor shall be placed
anywhere within the public right-of-way other than on or concealed within the pushcart, with the
exception of one folding chair or wooden stool of a type approved by the director or Downtown
Net Administrator, as compatible with the districts pushcart design requirements.
It shall be unlawful for any vendor to use any noise -making device to solicit customers.
Vending pushcarts may not be chained or otherwise affixed to trees, light poles, sign stanchions
or other stationary entities on the sidewalk.
(8) No licensee shall operate, or hold a local business tax receipt for more than one pushcart in the
herein district.
(3)
(5)
(6)
(7)
(9)
Vending is prohibited within the district between the hours of 1:00 a.m. to 10:00 a.m., and
pushcarts shall not be located in the district during said hours. Further, vending shall not be
permitted nor shall pushcarts be located within the district on event days except for a period of
time beginning two hours immediately preceding, during, and two hours following authorized
event(s). For purposes of this section, events, event days and event times shall be as determined
by the managing office of the New Arena and published in the New Arena's Calendar of Events,
or a like official publication. Problems occasioned by changes in event times occurring
subsequent to the publication of said calendar, or errors therein, shall be ultimately resolved by
the police department or downtown NET office, utilizing the most recent official records of the
New Arena's management.
(10) Vending is permitted pursuant to the provisions of this article only on days when an event is
scheduled in the New Arena.
(11) Vending is prohibited, without exception, on any combination sidewalk and curb less than eight
feet in width.
(12) Open flame cooking and use is prohibited, except as provided in sections 39-39 and 39-40.
(13) Vending zones.
a. Location of vending zones.
Page 22
1. Vending shall be prohibited in the district except from a specifically approved location
within the sidewalk areas generally designated on the graphic attached to Ordinance
No. 12002 as "Attachment A." However, the selection of specific vending zone locations
subsequent to the establishment of this district shall be the responsibility of the director,
using the standards and criteria contained in this article. Vending zones and vendor
locations, including those initially established herein, may be deleted or relocated by
the director upon a written finding that said action is necessary because the existing
zone or location creates an obstruction to pedestrian or vehicular traffic, or otherwise
creates a threat to the public health, safety or general welfare. Establishment of the
alternate zone(s) or location(s) shall also require a written finding that such new vending
location(s) is within the district and otherwise satisfies provisions of this article and other
applicable regulations. However, vending shall not be permitted on sidewalks or rights -
of -way adjacent to or directly across from residential developments.
2. All vending locations, of which there shall be a maximum of eight, shall be spaced and
oriented so as to maximize pedestrian flow and safety.
b. Limitations within vending zones.
1. No more than one vendor shall be permitted to operate from each vending location, and
said vendor may not move from location to location except as provided for in this
section.
2. Each vending location shall approximate the size of one permitted pushcart and shall
be clearly identified by a metal (brass) pin and washer embedded in its proper location
within the public right-of-way by the department of public works' survey division. The
director shall keep an updated file showing and listing authorized locations, along with
appropriate graphics, available for public and governmental agency perusal and use,
and provide the downtown NET office and the city clerk with a certified copy of the
current file.
c. Assignment of vendors to specific vending zones.
1. Franchise rights. Vending zones within the district shall be occupied only by licensed
vendors willing to pay the city for the opportunity and franchise right to vend, exclusively,
from designated vending zones in the Biscayne Boulevard special vending district,
subject to applicable rules, regulations, ordinances and statutes governing vending.
There shall be a franchise fee due of $50.00 per month, for a total of $600.00 per
franchise period, for franchises. As a condition precedent to receiving a franchise, the
total amount due for the franchise period shall be paid in full. Payment shall be by
cashier's check, bank certified funds, or money order payable to the city. Failure to
tender required payment on the date of the lottery shall invalidate such award and
vacate the vending zone. All franchise fees shall be paid at the downtown NET office
or its successor entity.
2. Lottery.
i. The director shall establish and supervise a lottery system whereby those persons
possessing a valid and appropriate local business tax receipt, appropriate state
and local sales tax certificate(s), shall be chosen, by chance, for vending zones in
this district. The director shall assign each vending zone a sequential number
corresponding to a north to south and east to west rotation pattern of sequential
locations on the vending map, which shall correspond to "Attachment A" of
Ordinance No. 12002, as amended. All qualified vendors shall have their names
placed into a container for a drawing by the director or NET administrator to
determine which location shall serve as the initial vending zone for each vendor at
the beginning of a franchise period. On the first day of each month following the
first month of the franchise period, all vendors shall relocate, via rotation, to the
next vending zone in the aforementioned sequence. All franchise rights shall
transfer to the new location and cease in the prior location upon such rotation. Said
Page 23
rotation shall continue for the duration of the franchise period. At the conclusion of
the franchise period all franchises shall be subject to a new lottery.
ii. The director is authorized to issue a "Notice of Street Vending Franchise
Opportunities" in the district. Said notice, for each franchise period, shall be
publicly advertised in a newspaper of general circulation in approximately mid -
August and mid -February of each calendar year, and shall indicate the pending
availability of exclusive vending zones in the district and the terms of such
availability, including the date, place and time of the lottery. Notices, as for a posted
notice lottery, may also be given, but shall be considered courtesy notice only.
iii. Utilizing the standards and criteria set forth in this article, the director may
promulgate such reasonable supplementary rules, regulations and procedures as
are necessary to implement and effectuate the herein lottery and vending zone
assignment process.
iv. For vending zones which may become available during the franchise period due
to abandonment or director's action, the director shall specify the date, time and
place for the holding of a special lottery for such designated vending zone(s), and
shall publicly advertise said information as for a posted notice lottery.
v. All franchise documents are nontransferable. Sale of a majority of stock in a
corporate franchise by stockholders listed on the franchise application or sale of a
majority interest in a partnership as listed on the franchise application shall be
deemed a transfer of the franchise, which is prohibited. The franchise document
shall be in the possession of the vendor at all times and shall be displayed to a
police officer, code enforcement officer, downtown NET official or public works
department representative upon request. Failure to immediately provide this
document, along with a valid local business tax receipt, pushcart certification and
sales tax certificate(s), shall be grounds for immediate removal of the pushcart
from the vending zone and district, suspension of the franchise, and initiation of
local business tax receipt and franchise revocation proceedings by the director or
downtown NET administrator.
vi. Franchises awarded pursuant to this section shall be subject to section 39-29.
Furthermore, the award of a franchise pursuant to this section does not grant or
infer vested rights to the use of the public rights -of -way by the franchisee.
vii. Any vending zone or franchise document issued pursuant to this section shall be
subject to modification by ordinance at any time deemed necessary by the city
commission. Vending in any vending zone may be temporarily suspended or
relocated by the director upon reasonable notice when private or public
construction or activities or health and safety concerns of the director make it
unsafe or impractical to allow vending in that vending zone. Such suspension(s)
which lasts for a continuous or cumulative period in excess of five days of a
franchise period shall result in a pro rata refund of the lottery franchise fee paid by
such suspended franchisee. No other payments or compensation shall be owed
by the city or due the franchisee as a result of such suspension(s). A vendor so
dispossessed, may, if possible, be offered a substitute -vending zone by the
director without the necessity of lottery proceedings. Said substitute -location shall
be valid for the balance of the time remaining on the vendor's franchise document
for that vendor location, or until the substituted -for location is again available,
whichever occurs first. If the vendor accepts a substitute -location, the refund shall
be only for the actual days of suspended operation, and shall not include the day(s)
of operation in the substitute location.
viii. Vending activity suspended pursuant to sections 39-29 and 39-38, or revoked
due to unauthorized absence or violations of the codes of the city, county or
general law, shall not be the basis for any pro rata refund of a franchise fee.
Page 24
Revocation of franchise documents based on unauthorized absences or violations
shall result in a forfeiture of the entire franchise fee.
d. All participants in lottery proceedings pursuant to this section shall submit, as a condition
precedent to participating, a copy of an appropriate valid local business tax receipt,
certification, pursuant to section 39-7.1(3), that the pushcart which will be used in this district
has been approved, and sales tax certification.
e. Unauthorized absence from a designated vending zone shall constitute a basis for
suspension and revocation of a franchise document. Upon certification by the director or
downtown NET administrator that a vending zone has been unoccupied for a continuous
period of ten event days, for reasons other than those mentioned in subsection (13)c.2.vii or
section 39-29, the director or downtown NET administrator shall notify the vendor of the
intent to revoke the vendor's franchise unless clear evidence of proof of the vendor's activity
during the ten event -day period in question is provided to the director. Subsequent to ten-
day notice mailed by certified mail to the address shown on the vendor's lottery application
form, the director shall conduct a hearing, and may revoke the vending franchise and reward
the franchise to a different vendor, pursuant to a posted notice lottery, for the balance of that
franchise period. The vendor subject to such revocation may appeal the director's decision
in the same manner provided in section 54-230.
f. Any franchise incurring three written notices of violation of this article shall be the subject of
the following franchise revocation proceedings:
1. When violations occur, the franchisee shall be notified by the director or downtown NET
office in person or via certified mail. The first violation notice or citation shall be a
reprimand; the second violation notice or citation shall be a warning; the third violation
notice or citation shall result in an automatic revocation of franchise document,
immediate removal of the franchisee's pushcart from the district, and banishment of the
violator from the district for a period of one calendar year.
2. Revocations may be appealed in the same manner provided in section 54-230. An
appeal shall not stay an order by the director or NET office to remove a pushcart from
the district.
g.
Fees collected under this subsection are declared to be franchise fees charged for the right
to exclusive commercial use of a portion of the public rights -of -way in the New Arena
downtown area, and are in addition to local business taxes imposed by law and other permit
fees which may be collected to defray the cost of administration of this subsection. All
franchise fees collected by the director of finance or his designee pursuant to this section
shall be placed in a special account established for the "Biscayne Boulevard Special Vending
District," and shall be used to defray the cost of administering and regulating the districts
vendors.
h. The director shall design and distribute to those awarded a vending zone a franchise
document identifying the person or entity chosen by lottery, the specific location where said
person or entity is to be allowed to initially vend exclusively during the vending period, and
the duration of such entitlement.
i. All franchise documents issued for vending activity in this district shall only be valid during
one franchise period, and shall expire on the expiration date shown on the franchise
document and records of the director. Upon such expiration the vendor's exclusive right to
such vending zone shall terminate, and vending rotation rights shall once again be awarded
pursuant to the lottery procedures of this section.
j. Liability and insurance.
1. Prior to the issuance of a franchise document, the vendor shall furnish the director with
a signed statement that said vendor shall hold harmless the city, its officers and
employees, and shall indemnify the city, its officers and employees for any claims for
damages to property or injury to persons which may be occasioned by any activity
Page 25
carried on under the terms of the franchise document and associated local business tax
receipt.
2. Prior to the issuance of a franchise document, said vendor shall also furnish and
maintain such public liability and property damage from all claims and damage to
property or bodily injury, including death, which may arise from operations under the
franchise document and associated local business tax receipt or in connection
therewith. Such insurance shall provide coverage of not less than $500,000.00 for
bodily injury, and property damage respectively per occurrence. Such insurance shall
be without prejudice to coverage otherwise existing therein and shall name as additional
insured the city, its officers and employees, and shall further provide that the policy shall
not terminate or be canceled prior to the completion of the franchise period without 45
days' written notices to the risk management division and the director at the addresses
shown in the franchise document.
k. Sales tax certification. Prior to the issuance of franchise documents, said vendor shall also
furnish original evidence of a valid certificate of resale or equivalent document from the
Florida Department of Revenue and Miami -Dade County, if applicable, evidencing that said
vendor and the specific vending activity authorized by said franchise document have been
permitted by said tax collection entities to the extent mandated by law. Franchisee(s) shall
furnish, upon demand, evidence that the herein requested certificate of resale or equivalent
document is current. Failure to maintain said certification shall constitute a basis for
suspension and/or revocation of a franchise document.
1. State license inspection and certification. Prior to issuance of a franchise document, the
vendor shall also furnish original evidence of a valid license issued, upon inspection, by
the state department of business and professional regulation (for vending prepared
food, as defined by state regulations) and/or the state department of agriculture (for
vending prepackaged food, as defined by state regulations).
(Ord. No. 12002, § 2, 12-14-00; Ord. No. 12885, § 1, 2-8-07)
Sec. 39-38. - Prohibited conduct.
No vendor shall:
(1) Leave any stand or motor vehicle unattended.
(2) Store, park, or leave any stand overnight on any street or sidewalk, or park any motor vehicle
other than in a lawful parking space, in conformance with city and state parking regulations.
(3) Sell food for immediate consumption unless he has available for public use his own litter
receptacle, which is available for his patrons' use.
(4) Allow or keep any animals in motor vehicles or stands.
(5)
Leave any location or vending zone without first picking up, removing, and disposing of all trash
and refuse remaining within a 15-foot radius. Each vendor shall be responsible for maintaining a
15-foot radius trash and refuse clear area around himself. Said area shall overlap other vendor
cleanup areas and no vendor shall leave a location, or vending zone, without cleaning up as
required.
(6) Allow any items relating to the operating of the vending business to be placed anywhere other
than in, on, or under the stand or motor vehicle.
Set up, maintain, or permit the use of any table, crate, carton, rack, or any other device to
increase the selling or displaying capacity of his stand, or motor vehicle, where such items have
not been described in his/her application.
(7)
Page 26
(8) Solicit or conduct business with persons in motor vehicles located on traffic lanes of public streets
and highways.
(9) Sell anything other than that for which he is licensed to vend.
(10) Use any noise -making device after 9:00 p.m., except during special events, and at no time shall
such a vendor use his traffic warning device on any vehicle, except to give necessary signals
while in traffic. It shall be unlawful for any vendor to use any noise -making device that either
annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others
within the city. Any vendor who violates this section shall upon written notice from the city
manager or his authorized representative remove said noise -making device from the vehicle or
reduce the volume of such noise -making device so that the same shall not be in violation of this
section. Failure to comply with such notice shall subject such a vendor to the penalties as set
forth in section 39-50.
(11) Allow the stand or any other item relating to the operation of the vending business to lean
against or hang from any building or other structure lawfully placed on public property.
(12) Allow any animals to remain within 25 feet of a stand for a period longer than necessary to
complete a sale to the person having possession, or control of said animals.
(13) No vendor vending from a motor vehicle shall:
a. Conduct his/her business in such a way as would restrict or interfere with the ingress or
egress of the abutting property owner or tenant, or create or become a public nuisance,
increase traffic congestion or delay, or constitute a hazard to traffic, life or property, or an
obstruction to adequate access to fire, police or sanitation vehicles.
b. Stop, stand, or park his motor vehicle upon any street, or permit it to remain there except on
the roadway at the curb for the purposes of vending therefrom or in instances where there
is no curb, off the roadway. In either instance, sales shall be to occupants of abutting property
only.
c. Stop, stand, or park his motor vehicle upon any street for the purpose of selling, or sell on
any street under any circumstances during the hours when parking, stopping or standing has
been prohibited by signs or curb markings or is prohibited by statute or ordinance.
d. Remain in any one place for a period longer than necessary to make a sale after having
been approached or stopped for that purpose.
e. Stop, stand, or park his motor vehicle within 20 feet of any intersection, except that vehicles
vending products likely to attract children as customers shall park curbside when stopping
to make a sale, as close as possible to a pedestrian crosswalk without entering the
intersection or otherwise interfering with the flow of traffic.
f. Vend within a restricted or special vending district.
g.
Vend anywhere prohibited by section 39-33(2) through (8).
(Ord. No. 9880, § 1, 9-13-84; Ord. No. 10045, § 1, 9-26-85; Ord. No. 10499, § 1, 10-27-88;
Code 1980, § 39-18)
City Code cross references— Parking for purpose of selling merchandise from vehicle
generally prohibited, § 35-10(a)(4); towing of vehicles, § 42-101 et seq.
Sec. 39-39. - Open flame cooking.
Open flame cooking is prohibited; except that such activity may take place as an integral part of a
public assembly as permitted by the fire -rescue department, or in conjunction with the street festival, as
approved by city commission resolution. The permitted public assembly or street festival exception shall be
Page 27
subject to the festival organizers obtaining permits from the fire -rescue department and such other
departments or agencies as may be required by law.
(Ord. No. 10869, § 2, 4-11-91; Ord. No. 10891, § 1, 6-20-91; Code 1980, § 39-18.1)
Sec. 39-40. - Open flame use.
Open flame use is prohibited; except that such activity may take place as an integral part of a public
assembly as permitted by the fire -rescue department, or in conjunction with a street festival, as approved
by city commission resolution. The permitted public assembly or street festival exception shall be subject
to the festival organizers obtaining permits from the fire -rescue department and such other departments or
agencies as may be required by law.
(Ord. No. 10891, § 1, 6-20-91; Code 1980, § 39-18.2)
Sec. 39-41. - Size requirements for vending stands.
No stand shall exceed 3'/ feet in width and six feet in length and five feet in height exclusive of the
height of umbrellas, canopies, and similar devices. Canopies and umbrellas shall have a minimum seven -
foot clearance above ground level.
(Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-19)
Sec. 39-42. - Health and sanitation requirements for food vending.
Vendors of food shall comply with the requirements and standards of the department of health and the
following:
(1) The equipment used in vending food shall be inspected by department of health upon application
for a license and receive a certificate of inspection upon compliance with this section.
(2) Each food vending business shall be so inspected at least twice a year.
(Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-20)
Sec. 39-43. - Safety requirements.
All motor vehicles in or from which food is prepared or sold shall comply with the following
requirements:
(1) All equipment installed in any part of the vehicle shall be secured in order to prevent movement
during transit and to prevent detachment in the event of a collision or overturn.
(2) All utensils shall be stored in order to prevent their being hurled about in the event of a sudden
stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives.
Any glass must be safety plate clearly identified by its manufacturer as such.
Compressors, auxiliary engines, generators, batteries, battery chargers, gas -fueled water
heaters, and similar equipment shall be installed so as to be accessible only from outside the
vehicle.
(4) All heated stands shall have an easily accessible fire extinguisher with a valid inspection sticker.
(3)
(Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-21)
Page 28
Sec. 39-44. - Advertising.
No advertising, except the posting of prices, shall be permitted on or attached to any stand or motor
vehicle, except to identify the name of the product. This section does not prohibit the use of umbrellas
bearing logos of products sold at the stand or motor vehicle to which it is attached.
(Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-22)
Sec. 39-45. - Renewal.
Subject to the provisions of section 39-29, all licenses are valid for the entire licensing period unless
revoked or suspended prior to expiration. Application to renew a BTR shall be made not later than 30 days
before the expiration of the current BTR in accordance.
(Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-23; Ord. No. 13105, § 2, 10-8-09)
Sec. 39-46. - Denial, suspension, revocation.
Any license or permit may be denied, suspended or revoked in accordance with the procedures
contained in chapter 31 for any of the causes set forth in said chapter 31 in addition to the following causes:
(1) Fraud or misrepresentation contained in the application for the BTR or permit.
(2) Fraud or misrepresentation made in the course of carrying on the business of vending.
(3)
Carrying or possessing dangerous weapon.
(4) Conduct of the BTR holder permitted business in such manner as to create a public nuisance,
or constitute a danger to the public health, safety, welfare or morals.
Conduct which is contrary to the provisions of this article.
(5)
(Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-24; Ord. No. 13105, § 2, 10-8-09)
Sec. 39-47. - Notice on premises that uninvited vendors, solicitors, peddlers, etc., are not wanted.
(a)
It shall be the duty of the person in possession of any premises who desires that the occupants of the
premises remain unmolested by the visits of uninvited solicitors, peddlers, vendors, itinerant
merchants, door-to-door canvassers or hawkers to post in a conspicuous place near the door or on
the premises a sign in letters at least 1 % inches high with the words "no peddlers," "no solicitors," "no
trespassing" or otherwise signifying externally the wish for the occupants of the premises to remain
unmolested by such visitors.
(b) It shall be unlawful for any uninvited solicitors, peddlers, vendors, itinerant merchants, door-to-door
canvassers or hawkers to visit or go upon any premises which have been posted with a notice as
prescribed in this section, to the effect that the person in possession or the occupants of the premises
desire to remain unmolested.
(Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-25)
Sec. 39-48. - Exemptions as to farm products.
(a) Nothing contained in sections 39-28 or 39-32(3) shall be construed to affect or apply to the producer
of farm or grove products where the same are being offered for sale or sold by the farmer or grower
producing such products.
Page 29
(b) The farmer or grower offering for sale or selling in the city the farm or grove products produced by
such farmer or grower shall furnish satisfactory evidence that such products being sold or offered for
sale have been grown by him.
(c) The members of the police department, as well as the license inspectors, are authorized and directed
to obtain affidavits or written statements from such grower or producer of the farm or grove products
when the same are being offered for sale or sold by him in the city, such affidavit or written statement
showing and stating that the farm or grove products have been grown by such farmer or grower.
(Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-26)
Sec. 39-49. - Exemptions for vendors who exclusively vend written matter.
Vendors who exclusively vend written matter are exempt from the following provisions of this article:
sections 39-28 through 39-33, 39-38(1) and (2), 39-38(11), and 39-41.
(Ord. No. 10045, § 1, 9-26-85; Code 1980, § 39-26.1)
Sec. 39-50. - Penalty.
Except as may be provided in section 39-51, any person violating any provision of this article shall be
guilty of a misdemeanor and upon conviction, shall be punished as provided in section 1-13.
(Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-27)
Sec. 39-51. - Violation a nuisance; summary abatement.
The placement of any stand or device on any sidewalk or street in violation of the provisions of this
article is declared to be a public nuisance. The police department may cause the removal of any stand or
device found on a sidewalk or street in violation of this article and is authorized to store such stand or device
until the owner thereof shall redeem it by paying the removal and storage charges therefor to be established
by the police department.
(Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-27.1)
Sec. 39-52. - Enforcement of article.
It shall be the duty of the members of the police department, BTR inspectors, and code inspectors of
the city, to enforce the terms and conditions of this article, and if any person is found violating the provisions
of this article to arrest such person and hold such violator for proper legal action in the county court or cite
such person for appearance before, and action by, the city's code enforcement board.
(Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-27.2; Ord. No. 13105, § 2, 10-8-09)
Page 30
Chapter 57 - VEHICLES FOR HIRE
Footnotes:
--- (1) ---
Charter reference— Authority of city to regulate vehicles for hire, § 3(b), (hh).
City Code cross references— Solicitation agreements by dancehalls, etc., with taxicab owners, drivers,
etc., prohibited, § 5-41; bus benches, § 54-86 et seq.
County Code cross references— Metro -Dade transit agency, § 2-145 et seq.; vehicles for hire, ch. 31.
ARTICLE I. - IN GENERAL
Secs. 57-1-57-25. - Reserved.
ARTICLE II. - NONMOTORIZED VEHICLES FOR HIRE
Footnotes:
--- (2) ---
City Code cross references— Animals, ch. 6; bicycles, ch. 8; licenses and miscellaneous business
regulations, ch. 31; motor vehicles and traffic, ch. 35; streets and sidewalks, ch. 54.
Sec. 57-26. - Definitions.
For the purpose of this article:
Chauffeur is defined as every individual who drives or propels a vehicle in the city.
Nonmotorized vehicle for hire is defined as an animal -powered vehicle carrying passengers for hire in
the city. The reference herein to "vehicle" shall mean a nonmotorized vehicle for hire. The term "animal"
includes humans, horses and fowl.
Operator is defined as any person engaged in business as the owner or proprietor of a vehicle requiring
a license under this article.
Person is defined as a natural individual, firm, trust, partnership, association, or corporation, in his/her
or its own capacity or as administrator, conservator, executor, trustee, receiver, or other representative
appointed by a court. Whenever the word "person" is used in any section of this article prescribing a penalty
or fine as applied to partnerships or associations, the word shall include the partners (both general and
limited) or members or employees thereof who are responsible for any violation of said section, and such
word as applied to corporations shall include the officers, agents, or employees thereof who are responsible
for any violation of said section.
Street is defined as any public street, avenue, road, boulevard, alley, lane, highway, sidewalk, public
park, viaduct or other public place located in the city and established for the use of vehicles.
Page 1
(Ord. No. 10100, § 1(1), 4-22-86; Code 1980, § 56-211)
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 finance, 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.
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 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 shall forward a copy of said application to the police department. For all local
business tax receipts covering non -human -powered, nonmotorized vehicles, the finance
department 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
(3)
Page 2
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. 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 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.
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.
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.
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.
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 in the finance department prior to issuance of a
local business tax receipt. The certificate should indicate that coverage extends to or beyond the
licensing period.
(3)
(3)
(f)
(g)
(Ord. No. 10100, § 1(2), 4-22-86; Ord. No. 10179, § 1, 11-13-86; Code 1980, § 56-212; Ord. No.
12885, § 1, 2-8-07)
Editor's note— Ord. No. 12885, § 1, adopted February 8, 2007, changed the title of § 57-27
from "Occupational license" to "Local business tax receipt." The historical notation has been
preserved for reference purposes.
Page 3
Sec. 57-28. - Operations.
(a) Restrictions.
(1) Local business tax receipts covering non -human -powered, nonmotorized vehicles issued under
the provisions of city Code chapter 31 to operators shall only be applicable within certain areas
of the city during specific time periods. There shall be no operation of such vehicles between the
hours of sundown and sunrise on both Fridays and Saturdays in the Central Coconut Grove
District, an area bounded on the west by McDonald, on the east by Mary Street and South
Bayshore Drive, on the north by Grand Avenue, and on the south by Main Highway. All approved
areas, routes, hours and schedules of operation must be approved by the police department each
time a local business tax receipt is issued or renewed. A thorough description, including maps, of
the proposed route(s) to be served or utilized in transporting passengers, including a schedule of
proposed rates and charges for each route or trip offered to passengers, must be submitted at
time of local business tax receipt application and renewal, together with a thorough description,
including maps, of the proposed route to be utilized in transporting the vehicles from the storage
location to the passenger loading/unloading stations. The police department has the right to
change, modify or revoke approved routes and/or hours at any time if in its determination the
operation of a vehicle is unreasonably and negatively affecting the safety and efficient flow of
vehicular or pedestrian traffic; such action by the police department may be appealed, within 15
days from the date of such action, in writing to the city commission, which written appeal shall be
filed in the office of the city clerk. The city commission shall schedule a hearing thereon within 45
days after receipt of said appeal by the city clerk.
The operator may, in writing, request the police department to change or modify the approved
routes and/or hours, which requested change or modification shall be granted if the police
department determines that such change is reasonable and has no negative effect upon the
safety and efficient flow of vehicular and pedestrian traffic. Failure to grant the request within 15
days from the date such written request is filed in the office of the chief of police shall be subject
to appeal. The appeal shall be to the city commission and must be in writing and filed in the office
of the city clerk within 45 days from the date such original written request was filed in the office of
the chief of police. The city commission shall schedule a hearing thereon within 45 days after
receipt of said appeal by the city clerk.
(2) Local business tax receipts covering human -powered vehicles issued under the provisions of
city Code chapter 31 to operators shall be applicable within certain areas of the city. All general
areas, hours and schedules of operation must be approved by the police department each time
a local business tax receipt is issued or renewed. A thorough description, including maps, if
deemed necessary by the police department of the proposed areas to be served or utilized in
transporting passengers, including a schedule of proposed rates and charges for each area or
trip offered to passengers, must be submitted at time of local business tax receipt application and
renewal. The city commission, after a public hearing which shall have been the subject of a
published notice advertised in a newspaper of general circulation at least ten days in advance,
has the right to change, modify or revoke approved areas and/or hours at any time if in its
determination the operation of a vehicle is unreasonably and negatively affecting the safety and
efficient flow of vehicular or pedestrian traffic.
The operator may, in writing, request the police department to change or modify the approved
areas and hours, which requested change or modification shall be granted if the police
department determines that such change is reasonable and has no negative effect upon the
safety and efficient flow of vehicular and pedestrian traffic. Failure to grant the request within 15
days from the date such written request is filed in the office of the chief of police shall be subject
to appeal. The appeal shall be to the city commission and must be in writing and filed in the office
of the city clerk within 45 days from the date such original written request was filed in the office of
the chief of police. The city commission shall schedule a hearing thereon within 45 days after
receipt of said appeal by the city clerk.
Page 4
(b) Rates. Vehicles shall be operated at rates which must be disclosed to passengers prior to departure
on any trip or payments for said rates shall be subject to forfeiture.
(c) Parking.
(1) A vehicle, while waiting for customers, may be parked in any regularly marked parking and
boarding zones. If the length of the vehicle is oversize, the use of two parking spaces is permitted,
while waiting for passengers to board and exit the vehicle. All applicable meter charges must be
paid. Parking on any sidewalk by non -human -powered vehicles is not permitted. Loading and
unloading of human -powered vehicles on sidewalks is permitted, provided the sidewalk is wide
enough to accommodate said vehicles in addition to an unobstructed eight -foot pedestrian
passageway.
(2) Public streets may be used during the process of loading and unloading vehicles from any truck
or trailer, but said truck or trailer shall not be parked or stored except in regularly marked parking
or storage areas.
(Ord. No. 10100, § 1(3), 4-22-86; Ord. No. 10179, § 1, 11-13-86; Code 1980, § 56-213; Ord. No.
12885, § 1, 2-8-07)
Sec. 57-29. - Vehicles and animals.
(a) Safety requirements generally.
(1) All vehicles shall comply with the following requirements:
a. All equipment installed in any part of the vehicle shall be secured in order to prevent
movement during transit and to prevent detachment in the event of a collision or overturn.
b. Vehicles must be operated in accordance with all provisions of state law regulating vehicles
and their operation.
c. Passengers shall not be carried in excess of the vehicle's seating capacity, which is defined
as the number of persons that can be seated on the seat of the carriage or vehicle. This
definition is specifically intended to prohibit seating of passengers (except infants) on the
laps of other passengers and/or on parts of the carriage not designated for use as passenger
seating.
d. Safety equipment shall be required in accordance with F.S. ch. 316; such equipment shall
be affixed to the vehicle.
(2) In the event any vehicle for which a local business tax receipt has been issued becomes unsafe
for operation, or its body or seating facilities are so damaged, deteriorated or unclean as to render
such vehicle unfit for public use, the said vehicle may be suspended for use by the chief of police
until the said vehicle is made safe for operation and its body is repaired and painted and its
seating facilities reconditioned or replaced as required by the police department.
(b) Inspection certificate.
(1)
a.
All vehicles shall be inspected and approved by the police department for operation prior to
certification as being in compliance with the applicable provisions of subsection (a) hereof.
b. All inspection certificates shall be issued by the police department. The police department
shall also furnish a decal to be affixed to the vehicle indicating the vehicle number and
seating capacity.
c. During any period of vehicular repair not exceeding 72 hours, a substitute vehicle may be
used without the necessity of the herein inspection or the presence of the accompanying
decal.
Page 5
(2) a.
A certificate of soundness shall be required for each animal that will be pulling a vehicle. The
certificate shall be issued by a veterinarian licensed in the State of Florida.
b. The certificate of soundness shall state that the animal, if a horse, has been tested within
the past calendar year for the presence of equine infectious anemia and that the test results
were negative; further said certificate shall state that the animal is free from infectious
disease, in good health and fit for hack and vehicle service under this article.
c. Each animal shall thereafter be reexamined at intervals of no more than six months, and a
certificate of soundness shall be issued by the examining veterinarian and filed with the city
in order for such animal to remain in service. No animal shall be used to draw an animal -
drawn vehicle without such certificate of soundness certified and dated within any preceding
six-month period.
(c) Inspection and certificate fee. An inspection fee of $25.00 per vehicle shall be paid to the city at the
time of filing any local business tax receipt application; such fee is to be applied to the cost of
administering the provisions of this article and is in addition to the local business tax receipt fee payable
under the provisions of chapter 31 of the city Code.
(d) Nonabuse of horses.
(1) The driver of each horse-drawn vehicle shall make water available to every horse used to pull a
vehicle at intervals not to exceed two hours.
(2) No vehicle being drawn by a horse shall be permitted to carry more than six passengers per
horse, exclusive of the driver of said vehicle.
No vehicle being drawn by a horse shall be permitted to operate upon the public streets of the
city when the temperature is below 32 degrees Fahrenheit or above 90 degrees Fahrenheit as
reported by the United States weather bureau.
(4) It shall be unlawful for any owner or driver to use whips, bits, or any other equipment which may
cause injury to the horse being used to pull the vehicles.
(e) Sanitation. It shall be unlawful for the chauffeur of any non -human -powered vehicle to allow any
excreta to be deposited and remain on any public street. The method of excreta control and disposition
shall be by diaper, bucket and shovel, deodorizer, or other such means as approved by the public
works department.
(3)
(Ord. No. 10100, § 1(4), 4-22-86; Code 1980, § 56-214; Ord. No. 12885, § 1, 2-8-07)
Sec. 57-30. - Chauffeurs.
(a) Driver's permit required.
(1) Any person desiring to drive or operate a vehicle upon the streets of the City of Miami shall
submit to the chief of police a written application which shall contain the following information:
a. His/her name, address, telephone number, and age.
b. A statement that he/she is free of and does not have any disease or infirmity which might
make him/her an unsafe or unsatisfactory driver.
c. A photocopy of a currently valid driver's license issued by the Florida department of highway
safety and motor vehicles.
(2) An applicant for a driver's permit under this article, which shall be renewable annually upon the
filing of an application as set forth in paragraph (a)(1) of this section, must not be less than 18
years of age, with no physical infirmities which might make the applicant an unsafe or
unsatisfactory driver.
Page 6
(3)
In the event that any driver at any time ceases to meet the qualifications described above, or
fails to satisfactorily correct any false statement made in the application, or fails to operate a
vehicle in accordance with the provisions of this article, the chief of police shall be empowered to
suspend the driver's permit until such time as the violations are corrected.
(b) Prohibited conduct. No vehicle chauffeur shall:
(1) Leave any non -human -powered vehicle unattended;
(2) Store, park or leave any vehicle overnight on any street or sidewalk, or park any vehicle other
than in a regularly marked space, in conformance with the city, county and state parking
regulations;
(3) Operate in an area or at a time other than the ones approved by the city;
(4) Use any noise -making device after 9:00 p.m., except during special events, and at no time shall
such chauffeur use his traffic warning device on any vehicle, except to give necessary signals
while in traffic; and any chauffeur who violates the provisions of this paragraph, upon written
notice from the city manager or his/her authorized representative, shall remove said noise -making
device from the vehicle or reduce the volume on such noise -making device so that the same shall
not be in violation of this paragraph. Failure to comply with such notice shall also subject such
chauffeur to other penalties as set forth in this article;
(5) Have his/her vehicle in motion while anyone is standing or while anyone is sitting anywhere other
than in the passenger seats thereof;
(6) Collect fares, make change or take on or discharge passengers while the vehicle is in motion;
(7) Operate any vehicle in such a manner that would clearly jeopardize the safety of the passengers
transported therein;
(8) Operate a vehicle in such a way as to intentionally impede automobile traffic or create a
hazardous situation;
(9) Park the vehicle in a manner so as to disrupt the flow of automobile traffic on public streets,
roads, and thoroughfares, or so as to impede the flow of pedestrian traffic;
(10) Operate a vehicle in disregard of any traffic control device;
(11) Operate a vehicle in disregard of applicable state traffic laws;
(12) Execute a turn at other than a street intersection;
(13) Obstruct vehicular and pedestrian traffic by unnecessarily weaving or changing lanes of travel;
(14) a.
Operate, maneuver, incline, spin, tilt, tip, slope, or position a human -powered vehicle in any
manner that would unnecessarily place passengers in any position other than seated upright;
b. Raise drawbars of rickshaws higher than the shoulders of the chauffeur at any time
passengers are being carried in said human -powered vehicle;
(15) Operate vehicle upon the sidewalk portion of a public right-of-way; or
(16) Operate a vehicle in the wrong direction on a one-way street.
(Ord. No. 10100, § 1(5), 4-22-86; Ord. No. 10179, § 1, 11-13-86; Code 1980, § 56-215)
Sec. 57-31. - Penalties.
Any person violating the provisions of any section of this article shall, upon first conviction hereof, be
fined not more than $500.00. Upon second conviction and subsequent convictions thereafter, any person
violating the provisions hereof shall be fined not more than $500.00 or be imprisoned for not more than ten
Page 7
days, or shall be both fined and imprisoned. Each day that such violation shall continue shall constitute a
separate offense.
(Ord. No. 10100, § 1(6), 4-22-86; Code 1980, § 56-216)
ARTICLE III. - PEDICABS FOR HIRE
Sec. 57-32. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Darkness is defined as any time from one-half hour before sunset to one-half hour after sunrise and
anytime when the visibility is not sufficient to render clearly discernible any person or vehicle on the public
street at a distance of 1,000 feet.
Decal is defined as the numbered, limited business tax receipt issued by the city pursuant to Chapter
31 of the City Code to a pedicab owner that indicates that operation of the pedicab is permitted within the
corporate city limits of the City of Miami. The decal shall be clearly displayed on the pedicab at all times.
Decal fee is defined as the business tax receipt fee which is commensurate with the personnel
expense, records compilation, investigation, organization, verification and storage relative to the allowance
and regulation of pedicabs within the city. The pedicab decal fee is set forth in Chapter 31 of the City Code
and will be paid on an annual basis. The fee is a prerequisite to issuance of a decal to any eligible pedicab.
Director is defined as the director of finance of the City of Miami, unless the director of public works is
specified.
Driver's license is defined as a license issued pursuant to the laws of the State of Florida to a chauffeur
or driver which entitles a person to operate a nonmotorized vehicle for hire within the jurisdictional corporate
city limits of the City of Miami.
Nonmotorized vehicle for hire as defined in section 57-26, is an animal -powered vehicle carrying
passengers for hire in the city. The reference to "vehicle" in this article shall mean a pedicab.
Pedicab is defined as a device that has three or more wheels, that transports, or is capable of
transporting passengers on seats attached to the device, that is propelled solely by human power, and that
is used for transporting passengers "for hire," including for tips or any other forms of compensation or barter,
regardless of whether a passenger is being transported.
Pedicab driver is defined as any person who operates, drives, or propels a pedicab within the city limits
of the City of Miami. Every pedicab driver is required to have on their person a current driver's license
issued by the State of Florida Department of Highway Safety and Motor Vehicles. The driver's license must
be valid and in good standing anytime a pedicab driver operates a pedicab in the city.
Pedicab owner is defined as the person engaged in business as the owner, who may also be the
pedicab driver, requiring a decal under this article.
Street is defined as any public street, avenue, road, boulevard, alley, lane, highway, sidewalk, public
park, viaduct or other public place located in the city and established for the use of vehicles.
(Ord. No. 13102, § 1, 10-8-09)
Sec. 57-33. - Prohibited streets.
Use of pedicabs will not be authorized on residential neighborhood streets. Use of pedicabs will not
be authorized on state streets or county streets unless specifically approved by the respective agencies
Page 8
whose jurisdiction the streets fall. Proposed routes must be approved in writing by the public works director
or designee.
(Ord. No. 13102, § 1, 10-8-09)
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 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 finance department 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. 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, 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.
(d) The pedicab owner shall maintain a commercial general liability policy in place with limits of at least
$500,000.00 per occurrence, $1,000,000.00 aggregate with respect to bodily injury, including death,
and property damage liability affording coverage for premises and operations liability, personal and
advertising injury liability, and contractual and contingent liability exposures. The certificate of
insurance must also include coverage for statutory workers' compensation coverage, if applicable, and
shall further list the City of Miami as an additional insured with respect to general liability, and include
30 days on the cancellation provision, except for 10 days notice for non-payment of premium. Carriers
providing this coverage must be authorized to transact business in the State of Florida and must
possess a financial rating of at least (A-) with a financial strength of (V) or better in accordance to A.M.
Best guidelines. Such certificate must be provided to the city risk management division/risk manager,
or designee for approval prior to issuance or renewal of any decal. All certificates of insurance shall
be kept in full force and effect at all times while any pedicab is operated within the city and must cover
a period of not less than 12 months. Proof of this insurance (e.g. a declarations page or certificate of
insurance) must be maintained within the pedicab at all times it is operated within the city.
(e) The pedicab owner will indemnify, defend, and hold harmless the City of Miami, its officials, employees
and agents (collectively referred to as "indemnitees") and each of them from and against all losses,
costs, claims, penalties, fines, expenses (including attorneys fees), liabilities (collectively referred to
as "liabilities") by reason of any bodily injury to or death of any person or damage to or destruction or
loss of any property arising out of, or resulting from, or in connection with this permit. The Pedicab
owner further agrees to indemnify, defend and hold harmless the indemnitees from and against liability
which may be asserted by an employee or former employee of the pedicab owner, or any of its
subcontractors, for which liability to such employee or former employee would otherwise be limited to
payments under workers' compensation or similar laws.
Page 9
(Ord. No. 13102, § 1, 10-8-09)
Sec. 57-35. - Rates to be displayed.
Each pedicab operated within the city shall prominently display, in an eight -inch by ten -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.
(Ord. No. 13102, § 1, 10-8-09)
Sec. 57-36. - Vehicle safety and equipment standards.
(a) Pedicabs shall not be operated within the city except in compliance with all laws of the State of Florida,
Miami -Dade County, and the City of Miami.
(b) Pedicabs shall be subject to Chapter 316, Florida Statutes, as amended.
(c) Any law enforcement officer of the city shall have the right to inspect or cause to be inspected any
pedicab operating on any street in the city as often as may be necessary for the purposes of
ascertaining and causing to be corrected any unsafe or unsanitary considerations or any violations of
this article.
(d) No pedicab driver may operate a pedicab on any street unless the pedicab meets the following
equipment and safety standards:
(1) Pedicabs. Pedicabs shall not exceed 120 inches in total length, and 52 inches in total width.
(2) Tires. Tires shall be of a size appropriate for the pedicab with no mismatched tires. There shall
be no cuts to the tire or localized worn spots that expose the ply. No tire is permitted to be used
when the tire has tread wear indicators that are visible.
(3) Operational horn. The pedicab shall be equipped with a fully operational horn or bell.
(4) Brakes. Each pedicab shall be equipped with an operational brake or brakes which enable the
pedicab driver to stop the pedicab within 15 feet from a speed of ten miles per hour on dry, level,
clean pavement. The brake systems shall demonstrate a reasonable total braking force when
tested, using the "quick stop method'.
Headlights, tail lights, mirrors, turn signals, and other requirements. Every pedicab shall be
equipped with the following operational equipment set forth in the subsections below:
a. A headlight capable of projecting a beam of white light for a distance at a minimum of 500
feet, which shall be clearly visible during darkness and which must be illuminated at all times
during operation;
b. A red tail light affixed to the rear of the passenger compartment, which shall be clearly visible
during darkness from a distance of at least 600 feet to the rear of the pedicab which must be
illuminated at all times during operation;
c. A side mounted mirror affixed to the pedicab to reflect to the pedicab driver a view of the
street for a distance of at least 200 feet from the rear of the pedicab;
d. A slow moving vehicle triangle on the rear of the pedicab or reflective tape which outlines
the rear of the pedicab from edge to edge;
e. Turn signal lamps which indicators must be visible for a distance of at least 500 feet from the
rear of the pedicab indicating right and left turns which must be utilized when turning.
(5)
Page 10
(e) The company or trade name, individual or fictitious name of the pedicab owner shall be conspicuously
displayed on the exterior of each pedicab. This will not be considered advertising.
No more than one trailer or sidecar may be attached to any pedicab. Any such trailer or sidecar must
be attached in a manner that meets the requirements of § 316.530(2), Florida Statutes, as amended.
Ample storage areas for the pedicabs shall be provided at point of departure or arrival for any given
route. Rental of metered parking spaces will require a separate permit from the Miami Parking
Authority.
(f)
(g)
(Ord. No. 13102, § 1, 10-8-09)
Sec. 57-37. - Advertising on pedicabs.
(a) Advertisements shall only be allowed on the manufactured body (e.g. transom) of the pedicab as
permitted by this article and cannot exceed ten square feet of total area. Advertisements must be
painted on or otherwise adhere as a coating to the body of the pedicab. No banners, poles, flags,
detached signs, panels, posters, boards, or any other addition of personality or object whatsoever will
be permitted on a pedicab.
(b) The advertisements shall be presented, upon request, for inspection or viewing by the city at any time
prior to the time the decal is applied for or during the decal period. Advertisements shall not be allowed
to be added after the decal period, although it may be replaced with allowable advertisements subject
to the same constraints and time limits as the advertising approved at the time the decal was issued.
The regulatory annual business fee of $250.00 shall have been paid prior to the placement or
replacement of any advertising, as applicable. A regulatory business fee as provided in this chapter
must be applied for, approved and paid, prior to engaging in any advertising on the pedicab.
(c) No advertisement on a pedicab is allowed for alcoholic beverages, tobacco products, or adult
entertainment as defined by the city zoning ordinance. The name, phone number, web address, and
physical address of the pedicab owner and pedicab driver will not be considered advertisement that
requires the additional city regulatory review and fee under this section.
(d) No advertisement (other than the company name as provided by this article) will be allowed on the
trailer or sidecar.
(Ord. No. 13102, § 1, 10-8-09)
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 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.
(Ord. No. 13102, § 1, 10-8-09)
Sec. 57-39. - Driver's permit and related requirements.
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(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/
(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.
(Ord. No. 13102, § 1, 10-8-09)
Sec. 57-40. - Prohibited conduct.
The following acts by any pedicab driver are prohibited:
(a) Carrying more than four passengers, or while carrying a number of passengers that exceeds the
number of passenger seats which such pedicab was designed to accommodate, or while any
passenger is standing or while any passenger is sitting anywhere other than the passenger seat.
Children under the age of five may be seated securely in the lap of another passenger and will
not count as an additional passenger.
(b) While the pedicab is in motion, the pedicab driver shall not collect fares, make change, or embark
or debark passengers.
(c) Any act that violates any city ordinance, county ordinance, or state law or disrupts the flow of
vehicular traffic on public streets.
(d) Leaving the pedicab unattended.
(e) Operating, maneuvering, inclining, spinning, tilting, tipping, sloping or otherwise positioning a
Pedicab in any manner that would unnecessarily place a passenger in other than an upright,
seated position.
Operating a pedicab upon a sidewalk portion of a public right-of-way, except at the direction of a
law enforcement officer or when there are no visible pedestrians on that entire block.
(g) Operating a pedicab upon any street listed on the prohibited streets list established under this
article.
(h) Operating a pedicab on any street with a posted speed limit of more than 30 miles per hour.
(i) Operating a pedicab with sound produced by radio, tape, CD, DVD, record player, or any other
mechanical sound device or instrument from the pedicab so that the sound is plainly audible at a
distance of 25 feet or more from the pedicab. The pedicab cannot have a loudspeaker or amplifier.
(j) Operating or riding more than two abreast, except when overtaking and passing a bicycle or
vehicle proceeding in the same direction.
(k) Using indecent or profane language while operating a pedicab.
(I) Allowing any passenger or occupant of the pedicab to drink or consume alcoholic beverages or
to possess an open container of alcoholic beverages.
(f)
(Ord. No. 13102, § 1, 10-8-09)
Sec. 57-41. - Passenger receipt upon demand.
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If requested by a passenger, the pedicab driver shall deliver to the person paying for the hiring of the
same, at the time of such payment, a receipt therefore in legible writing containing the name of the pedicab
driver, the decal number, the total amount paid, and the date of payment.
(Ord. No. 13102, § 1, 10-8-09)
Sec. 57-42. - Appeals of director decisions.
All decisions of the director relative to this article are final and binding decisions. Decisions of the
director may be appealed to the city manager. The appeal must be filed in writing within 30 days of the
director's decision.
(Ord. No. 13102, § 1, 10-8-09)
Sec. 57-43. - Enforcement.
(a) Pedicab drivers are subject to Chapters 316-322 of the Florida Statutes, as amended, and shall be
issued traffic infractions for any violations.
(b) The decal shall be revoked for any violation of this article pursuant to the provisions of Chapter 31 of
the City Code.
(Ord. No. 13102, § 1, 10-8-09)
Sec. 57-44. - Impoundment fees.
Any pedicab operated in violation of this article may be seized and impounded by the city. The pedicab
will be returned to the pedicab owner after direct personnel expense incurred by the city related to the
pedicab impoundment, and any towing and storage fees have been satisfied. These items shall all
constitute impoundment fees under this section. The pedicab shall be removed and will be returned only
upon written confirmation by the impounding city agency or instrumentality that the pedicab is in compliance
with this article and payment of all applicable fees.
(Ord. No. 13102, § 1, 10-8-09)
Sec. 57-45. - Reserved.
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.
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
(3)
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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 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. 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, 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.
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).
(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.
(5)
(Ord. No. 13231, § 1, 11-18-10)
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