The URL can be used to link to this page

Home My WebLink AboutO-08756RPCf rb 2/1/7 ORDINANCE MO,.._S? tr:. AN ORDINANCE AMENDING SECTION 3001'0 OF THE CODE OF THE CITY OP MIAMI EY PROVtMMNO POR A TRANSFER FEE OP $3 FOR THE TRANSFER OF ALL OCCUPATIONAL tiCt NSt S, SUBJECT TO THE USUAL 'CONDITIONS FOR SUCH TRANSFER; CONTAINING A REPEALER PROVISION AND A SEVERAStttTY CLAUSE. EE IT ORDAINED BY THE COMMISSION OP THE CITY OP MIAMI, FttlRtDAt Section 1. Section 30..10 of the Code of the City of Miami, Hiorida, as amended, is hereby further emended in the following particularstl/ "Sec. 30-40. Transferability. Upon Payment of a transfer ,fee of $3, Ail all licenses issued by the city shall be eeete eireed transferable with the approval of the director of finance with the business for which they were tkaen out, except as otherwise provided for by law, 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 license to the department of finance with the endorsement on the reverse side of the license issued, 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 $3, #,#eenses licenses may be transferred from one location to another; provided that the license to be transferred shall first be presented to the department of finance for approval of such transfer. No such license shall be transferred without the approval of the building and zoning division: inspection department, This section shall not apply to cabaret and night club licenses, and such licenses shall be issued as new or original licenses upon a change of licensees, without require- ment of new licensing fees." Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 3. if any section, part of section, paragraph, clause. Phrase, or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. Ill IN VIP 1111 Wards and/or figures stricken through shall. be deleted. Under- scored words and/or figures constitute the amendment proposed.. Remaining provisions are now in effect and remain unchanged. N PIM HAIM@ tY TtTtt ONLY tlit 19 781 PASSED AND ADOPTED OV SECONDSONb M4 NAt READING tY TITttONtY thia _ 2/rd day ot....!°13ttlirrY_____ s 1978 ATTEST: PREPARED AND APPROVED BY: /61! RoBERT F3 CLARK, ASSISTANT CITY ATTORNEY h day 14AURICt A. VERRE MAURICE A. FERRE, MAYR APPROVED AS TO FORM AMII-0014tCTNESS: 2N \\ GEORGE F KNOX, JR., CITY ATTO*NEY „ .2- IVIIANII NIVISIV NM thil, MORO frir4L-, -----ihibliVitte USN IM, Went, SOW, W. Mgt *SKIM **MI, DM &Nett Plettee. SIM OP PLOINDA tOUNYT OP NM: kV Thle tdlentyge etetterltverient7 W• lewd ffil NM Ite did'? VII Intl "wies vie* 91111 sir NM, i lent thiteltiesiirilreet etrantirlktrl:tmei megrim 1 Ilt nl_ lintl p Itt 1. 1 helm hvy_ get , !relive el miens m abbe obi, Florida. mitre acme eddy oiler, TilftntrAor er. h Liget eventtetriffrit et City f Miami Florida OROMANCE NO. 8756 In the eoutt. wet OublIthen In tele! newspaper In the ISMS V February 2R, 1978 Attleht further 00 filet the teln Mi9m Welk atilt Daily Mord IS a netriter pUbilthed at In said Dade County, FloPide, Shd That thh 191dheseSOSOef tilt heretofore beeh thtitiflubuily pubt1Shed lh seta Mee Cbunty# Florins, elleh day (wept Saturday, Sul= day and Legal linlitleyi) end het been 'entered et WON, deli rbel1 !patter at the belt Mite in MIAMI, in Old Dade COUhty, Flbtlne, ter 9 peeled Of hhe yeaf next peecedltit, the Int pubiltetibh Ot the attathed Copy et Advertlietnent; 9n6 MEW %ether 1634 that the het neither pans hot promised any perm, fifth V WOOS. Mei any dllautit. rebate, tornmIstipn Of retursaftie the purpose ot teturIno thit eillyertIternent the publleatlbh in the Said newspaper. SsYhth to and Subitflbed ........ bre the thit otA.D. 19-18- fi *Obey at Ler (SEAL) My Commission expires June 1, Mk OS e'PV or PRIARIIIIMINI 601,11,Voilief!tOR trevrea • AllihittetlettetihteltetelfleethetshINISINS rite the tee tetetettelett et tAhNte,retleillekeeS MYR fflOtlU6ePet1$fie$t . I • ORDINARC6140,1116 AN °ROMANCE AMMONIA littittON )616 btobt- NC, till OP MtAPAi SY PROVIDING POR A TR AltMit VS POR 1141 TPER RAMtiP ALL OCCUPATIONAL L 16111016, Jt1'1 1111 'USUAL CONDITIONS POR SUN TRANSPIRJ CON. TAMING A REPRALIR PROVISION, AND 41 qtveitAsnem ti.AU&S.• itAL*4 6, ONSIR erryetaRK • Ibublidandh 01 SW Wet dt) me U Rat tit Partin% la 431 zy: Mr:. Jeseph R. Craseie City ;Manager otson rector at Finance • January 9, 1976 L1Conse transfer Fee As detailed to Florida Statutes Chapter 205.043 (2) & (3) (copy enclosed): "All business licenses may be transferred to a new owner whet there is a bona fide sale of the business upon payment of a transfer fee of $3 and presentation of the original license and evidence of the sale. Upon written request and presentation of the original license, any license may be transferred from one loca- tion to another location in the same municipality upon payment of a transfer fee of $3." We are currently transferring some 3,000 licenses each year free of charge under the provisions of the City Code Section 30-10 (copy enclosed). Enclosed is a proposed ordinance adding to Section 30-10 a provision for charging a $3 transfer fee. Please schedule this matter for the January 24, 1978 Commission agenda. JG:GJ:vm cc: George F. Knox, Jr., City Attorney (Attn: Robert F. Clark) Encl. „P7,5--ot. CITY COMMISSION MEETING OF FEB231978 oi;D;r}N• ; CC ti0 ill,f ...,It1 Uld WADING 1 t § 304 Nu►tst CCM t etua § 30-10 applicable license amount. iCede 1957, § 354; Ord. No. 7570, § 1; Ord. No. 7918, 11.1 Sec. 304. Duration. No license under this chapter shall be issued for more than one year. (Code 1957, § 35.0.) Sec. 30.7. Display. All licenses issued by the city, unless otherwise required by law, shall be displayed in the office or some other conspicuous place within the licensed establishment or on the premises thereof. Sec. 304. Expiration. Except as otherwise provided, licenses under , this chapter shall expire on September 30 of each year. (Code 1957, § y 7.) Set. 30-9. Termination on notice of bankruptcy. • iyh n any hereon engaged in -mercantile or other business In the dty snakes an assignment for the benefit of creditors, •.. or when any such person is adjudicated a voluntary or an in- wluntary bankrupt or declared insolvent, any license thereto • y tete bold, authorizing such person to do business in the city, aka 1 mned'uately beterminated and shall, upon such assign- ,` l'. ,eat for the benefit of creditors or upon such adjudication „1%4 bbanloruptcy, immediately become null and void. (Code 1957, ;• Sec. 30.10. Transferability. All licenses issued by the city shall be transferred with the approval of the director of finance with the businesses for Which they were taken out, except as otherwise provided for • 774 Sapp. 1 16, 441 i f 30-11 l.tamst3 -11 by Law, when there is a bona fide sale and tisasfrr o the prop- erty eE1� and e 1i ed in the business! as stock in trade,. anal o ervnse; provided, that the seller ollhr�si u e shall present the &one to the department of fie with the en- dorsement on the reverse side of the Grease issued., assigning all right, title and interest to the purchaser,. and the purchaser shall produce a properly executed bill of sales showing the transfer of stock from the person licensed to the purchaser., Licensee may be transferred from one location to another; provided, that the license shall first be presented to the d t- partment of finance for approval of such Woofer. Oak !zC cense shall be transferred without the approval of Ute _bus. ing and zoning• dsions 'iF s section shall not apply to cabaret and night dub li- censes, and such licensee shall be issued as new or orb N. censes upon a change of licensees, without requirement of new licensing_ fees. (Code 1957, $ 35-9; Ord. Not. &T70,11.) See. 30-11. Revocations s • The license or ` any person for the operation of any business may be revoked by the city commissions at asap time. upon not. ice and hearing, for violation of this Code or any other eNdi. nance of the city or law of the state„ or for any other good and sufficient reason; provided, that this section shall not af- fect the power of the municipal court to revoke eertainr Iktiz» sea where such revocation is specifically proms for by law. Whenever any city license upon any premises lot the city has been revoked for any cause whatsoever,, no aabseI►uIt hr cense or certificate of occupancy shall be issued by the city for the premises for a similar occupatio % or business et pro. fession to that which has been revoked for a period of ninety days subsequent to the effective date of the remotion Any city license whichis revoked or suspended for a sped. A tiom--The incense revocation, proeee& direeU :ern tits► finding that there has been a violation of the siy ordinances, 'the tent of the ordinance.. read as a whore. is easing determined to he et. oration by the Licensee or his agent. Berman vCity of Mai"` fl Va. Supp..12, aB'd 12? lick. 2d 683t. The city may revoke a night ebb licenser ova at mete stsica basis, dam the state can revoke at liquor license. Sawyer v. City of Zlfwmk f sbr. zd481;cart. derv. 117So&ZdCIL 175 .. IIII Ii