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Home My WebLink AboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #9082 Ordinance First Reading Sponsored by: Alex Diaz de la Portilla, Commissioner AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 31 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS," BY CREATING ARTICLE VI, TITLED "MASSAGE ESTABLISHMENTS," REGULATING THE HOURS OF OPERATION OF STAND ALONE MASSAGE PARLORS LOCATED IN THE CITY OF MIAMI; MORE PARTICULARLY BY CREATING SECTION 31-100, TITLED "DEFINITIONS"; SECTION 31-101, TITLED "MASSAGE ESTABLISHMENTS — PROHIBITED PRACTICES"; SECTION 31-102, TITLED "PENALTIES"; SECTION 31-103, TITLED "CUMULATIVE REMEDIES"; SECTION 31-104, TITLED "IMMUNITY"; SECTION 31- 105, TITLED "SEVERABILITY OF ORDINANCE"; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. City of Miami File ID: 9082 (Revision:) Printed On: 5/20/2025 City of Miami Legislation Ordinance File Number: 9082 Final Action Date: 6/10/2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 31 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS," BY CREATING ARTICLE VI, TITLED "MASSAGE ESTABLISHMENTS," REGULATING THE HOURS OF OPERATION OF STAND ALONE MASSAGE PARLORS LOCATED IN THE CITY OF MIAMI; MORE PARTICULARLY BY CREATING SECTION 31-100, TITLED "DEFINITIONS"; SECTION 31-101, TITLED "MASSAGE ESTABLISHMENTS — PROHIBITED PRACTICES"; SECTION 31-102, TITLED "PENALTIES"; SECTION 31-103, TITLED "CUMULATIVE REMEDIES"; SECTION 31-104, TITLED "IMMUNITY"; SECTION 31- 105, TITLED "SEVERABILITY OF ORDINANCE"; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is well established that massage establishments that operate at all hours of the night are frequented by individuals engaged in prostitution and/or human sex trafficking, as well as other illegal activity; and WHEREAS, human sex trafficking has become an epidemic of significant consequences to our community such that the Miami -Dade State Attorney's Office established a Human Trafficking Unit in 2012 to more effectively combat the issue; and WHEREAS, the United States Department of State estimates that hundreds of thousands of individuals are trafficked across our nation's boarders every year, with Florida receiving a high percentage of those victims; and WHEREAS, victims of human sex trafficking are often exposed to serious health risks, including sexually transmitted diseases, drug and alcohol addiction, broken bones and burns, memory loss, miscarriages or forced abortions, as well as posttraumatic stress disorder, anxiety, fear, and psychological trauma; and WHEREAS, individuals engaged in forced services are exposed to similar physical and psychological effects; and WHEREAS, pursuant to Section 162.09(2)(d), Florida Statutes, a municipality with a population of more than 50,000 people may adopt by a majority plus one vote per diem fines not to exceed $1,000.00 per diem per violation for a first time offender; $5,000.00 per diem per violation for a Repeat Offender; and up to $15,000.00 per violation if a code enforcement board finds a violation to be irreparable or irreversible in nature and the criteria for such determination is included in the municipality's ordinance; and WHEREAS, the Miami City Commission deems it to be in the best interest of the health, safety, and welfare of the City of Miami's residents, businesses, and visitors to create Article VI under Chapter 31 of the Code of the City of Miami, Florida, as amended ("City Code"), regulating the hours of operation of stand-alone massage establishments may operate in the City; City of Miami File ID: 9082 (Revision:) Printed On: 5/20/2025 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 31 of the City Code is further amended in the following particulars:1 "CHAPTER 31 LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS ARTICLE VI. MASSAGE ESTABLISHMENTS Sec. 31-100. Definitions. (a) The following words, terms, and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: (1) Employees mean and shall encompass those persons in direct employ as well as those persons acting as independent contractors. (2) Establishment shall have the same meaning set forth in Section 480.033, Florida Statutes. (3) Establishment Owner shall have the same meaning set forth in Section 480.033, Florida Statutes. (4) Massage shall have the same meaning set forth in Section 480.033, Florida Statutes. (5) Massage Establishment means an Establishment that holds itself out as providing a Massage as defined in Section 480.033, Florida Statutes. (6) Massage Therapist shall have the same meaning set forth in Section 480.033, Florida Statutes. (7) Premises means the real property, or portion thereof, upon which the Massage Establishment is located, including, but not limited to, the Establishment and the grounds, private walkways, parking lots, and/or parking garages under the ownership or control of the Establishment. Sec. 31-101. Massage Establishments — Prohibited Practices. (a) An Establishment Owner and/or its Employees may not operate or provide Massage services at a Massage Establishment in the City between the hours of 8:00 p.m. and 9:00 a.m., daily. This Subsection does not apply to a Massage Establishment: (1) Located on the premises of a health care facility as defined in Section 408.07, Florida Statutes; a health care clinic as defined in Section 400.9905(4), Florida Statutes; a hotel as defined in Section 509.242, Florida Statutes; a timeshare property as defined in Section 721.05, Florida Statutes; or a pari-mutuel facility as defined in Section 550.002, Florida Statutes; (2) In which every Massage performed between the hours of 8:00 p.m. and 9:00 a.m. is performed by a Massage Therapist acting under the prescription of a physician or physician assistant licensed under Chapter 458, Florida Statutes; an osteopathic physician or physician assistant licensed under Chapter 459, Florida Statutes; a chiropractic physician licensed under Chapter 460, Florida Statutes; a podiatric physician licensed under Chapter 461, Florida Statutes; an advanced practice registered 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami File ID: 9082 (Revision:) Printed On: 5/20/2025 nurse licensed under Part I of Chapter 464, Florida Statutes; or a dentist licensed under Chapter 466. Florida Statutes. Sec. 31-102. Penalties. (a) Any person who violates any provision of this Article commits a municipal ordinance violation and may be punished as provided in Section 1-13 of the City Code. Each instance of the above - described prohibited practices constitutes a violation and shall constitute a separate offense. (b) The Establishment Owner or operator of any Massage Establishment found to be in violation of this Article or allowing an Employee of the Establishment to preform Massage services is subject to the following penalties: (1) First violation shall be subject to a $1,000.00 per diem fine; (2) Second and subsequent violations shall be subject to a fine of up to $5,000.00 per day as a Repeat Violator and a revocation of the Certificate of Use for the Establishment. (c) Any individual or Establishment found to have facilitated prostitution, human sex trafficking, or other illegal conduct in a Massage Establishment is subject to a fine of up to $15,000.00 as a code enforcement matter if the Code Enforcement Board or Special Master finds the violation to be irreparable or irreversible in nature in accordance with the criteria set forth in Section 2- 817(c) of the City Code, revocation of the Certificate of Use for the Establishment, and forfeiture of the premises pursuant to the Florida Contraband Forfeiture Act of Sections 932.701 - 932.7062, Florida Statutes. Sec. 31-103. Cumulative remedies. (a) Remedies provided under this Section are cumulative and do not preclude in any way a law enforcement officer's right to effectuate an arrest for related criminal conduct or the City from seeking an injunction or other appropriate remedies. The City Attorney is authorized to file a civil action to enforce and collect attorneys' fees and costs and such proceedings shall be expedited by the court. Sec. 31-104. Immunity. The City and its elected and appointed officials, Employees, and agents are immunized from civil or criminal liability for actions taken in accordance with this Section. Sec. 31-105. Severability of Ordinance. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. * *„ Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be Affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the City Code, which provisions may be renumbered or re - lettered and the word ordinance be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance. it shall become City of Miami File ID: 9082 (Revision:) Printed On: 5/20/2025 APPROVED AS TO FORM AND CORRECTNESS: ndez, City ttor ey 5/18/2021 effective immediately upon override of the veto by the City Commission or upon the effective date stated herein. whichever is later. City of Miami File ID: 9082 (Revision:) Printed On: 5/20/2025