HomeMy WebLinkAboutO-08779REG/tb
1/2/78
oRDINANCE !Jd: 877
AN ORDINANCE AMtNDING StcTION 11-20 Or THE
CODE of tHt CITY OF IMAM/4 1LORIDA, RELATING'
TO Ttt CITY' S TAX UPON ADMISSIONS To THE MIAMI
oRANGt BOWL MEMORIAL STADIUM, BY PROVIDING 'M
CERTAIN ttlftMUtt GUARANTEEti ftt1TAL A;•iOt3NT8 PoR
STAfitttt ttSt of VARIOUS PARTS OP THE STADIUM tN
INSTANCES WHERE EITHER No ADMISSION CHARGE tS
BEIt3G ASSESStb POR A PARTICULAR EVENT, OR THE
ADMtSStON TAX ttEALt2ED BY THE CITY POR A
PARTICULAR EVENT is LESS THAN TIt8 `•tiNlt`iUt`t
Gt,'ARANTEED RENTAL A:toUNT; PROVIDING STANDARDS
PoR THt; ISStrANct or coMPLiMENTAR? TICKETS To
EVENTS; PROVIDING Volt USE or CtTY SPECIAL tVtNT
INSURANCE, WHEN APPROPRIATE; PROVIDING THAT
THE UUft3ER or SECURITY' AND CROItiiD-CONTRot PER-
SONNEL USED AT EVENTS BE SUEJECT To PRIOR APPROVAL
or THE CITY MANAGER OR HIS AUTHORtZt DESIGNEE;
CONTAIN/WA REPEALER PROVISION AND A SEVERABILITY
CLAUSE
WHEREAS, on October 14, 1976, the City Commission
passed and adopted Ordinance No. 8579, establishing and levying
a city tax upon each admission to the Orange Bowl Stadium of
15% of the gross price of each admission ticket sold by the
sponsor of a stadium event, less any Federal, State, or locally imposed
tax payable from such admission price; and
WHEREAS, said tax commonly reflects the most con-
venient administrative method of collecting a fair and adequate
rental fee charged by the City for the use of the stadium by the
sponsor of events therein; and.
WHEREAS, there are occasions when prospective Orange
Bowl Stadium users desire to present events at the stadium with
free admission to the public, and other occasions when ticket
sales are far below the sponsor's projections and the City there-
fore does not realize an adequate rental amount based on the 15Z
of admission criteria; and
WHEREAS, it is felt that minimum guaranteed rental
amounts should be incorporated into Ordinance No, 8579 and
Section 39.20 of the Code of the City of Miami. Florida, in
order to correct the aforementioned shortcomings; and
WHEREAS, a tote defittitive undetstafiding talus tegatd
tct the issuance of cohnlihentaty tickets by the event spottsots
has been found to be necessary, as has clarification of spotty
sot's use of city Special. Events insurance, When apptohriate, and
the City's voice in the numbers of security and crowd. -control
personnel to be Used at events;
t Ot+l, TRERl LORE, BE IT ORDAINED BY THE COMMISSION OF
IFTHE CITY OF 1tAMI, FLORIDA!
Section 1. Section 39-20 of the Code of the City of
Miami, Florida, as ammended, is hereby further amended in the
1/
following particulars:
"Sec. 39-20. Admissions,
(a) Definitions. * *
Athletic event. *
City. Shall mean the city manager or his authorized
designee.
*
(b) Admission tax and minimum charges:
+14 Except-es-etherwise-prey#ded-4tt-this-seet4es;
there-she4f-be-4evfed-en-eaek-edmfs9#en-te-the-stediem-
e-aty-ter-ef-f#fteen-percent-ef-the-grew-price;-es
established-by-the-spettserra€-eseh-edm49s#en-4ieket-seld
bar-the-apettser-of-the-event-to-be-held-in-the-sted#ttni;
less-any-federsI-seeee-er-Ieeelly-impesed-tex-payable
€rem-each-sdm#saien-price-
(1) Except as otherwise provided in this section,
charges by the city for the use of the stadium shall be
assessed as follows:
A. For use of the playing field only, there shall
be assessed a fee which shall be the greater of $150 per
hour up to a maximum of $1,500 for a full day, or a city
tax on each admission to the stadium of 15% of the gross
price, as established by the sponsor, on each admission
ticket sold- by the s_ponsor of the event .to be held in the
stadium, Less any federal, state, or locally imposed tax.
payable upon such admission price. The $150 per hour fee
shall be assessed commencing with the beginning of sponsor's
arrival and set-up for the event and ending with his com-
pletion of take -down and departure from the stadium, and the
$150 per hour or $1,500 per day fee does not include any
stadium costs. All event costs includingi but not limited to,
electricity used, security, electricians, custodial personnel,
office attendants, etc., shall be Raid by the sponsor.
B. For use of one-half of the stadium. there shall
be assessed a fee which shall be the greater of $5,000 per
day or a city tax on each admission to the stadium of 15% of
7r w ee e'wma-w.s arwe.►.eeel wer +i llE er f�we•w elrwee w wwwsr e`.r e+s•t-.►r r. re:.-..r uaw�wser w.�wcwee ee ra wer w• w ut-.e w.e
1/ Words and/or figures stricken through shall be deleted, Underscored
words constitute the am3ndment proposed, remaining provisions are now
in effect and remain unchanged, Asterisks indicate omitted and unchanged
material,
the gtost Orite, as eatahlished bY the,SPOrtPOtA. On
tddlt adtiliSsiciii ticket sold by the §15dtisdt,cif the eVefit
tO be Aheld ih the stadiUM,. less it fedet614 state,
dt locally ithPOSed tat payable upon Such adffilaSiOfi
Price, The $5000 pet daY Or $15% Of the grOsS
adthissiOn Price Shall include electriCitY, but Oe
sponsor shall pay all Other etrent cOsts
but not liMited to4 security; ctowd contt014 elec'
tridiaheo etletedial Personnel, office attendants.,
elevator oPetators4 cleanUnd_other like exPettses,
C. For use of the entire stadium seating area
for An event taking place on the field j there shall be
assessed a fee which shall be the greater, of $10,000
per day or a city tax on each admission to the stadiuth
of 15% of the gross Price, as established by the sPohsori
on each admission ticket sold by the sponsor of the eVent
to be held in the stadium, less any federal, state, or
locally imposed tax payable upon such adMission Pride,
The $10,000 per day or 15% of the gross admissions price
shall include electricity, but the sponsor shall pay all
other eVent costs including, but not limited to, seontitY,
crowd control, electricians, custodial personnel, office
attendants, elevator operators, clean-up, and other like
expenses.
D. For use of the entire stadium and the field
(for festival seating), there shall be assessed a fee which
shall be the greater of $15,000 per day or a city tax on
each admission to the stadium of 15% of the gross price,
as established by the sponsor, on each admission ticket
sold by the sponsor of the event to be held in the stadium,
less any federal, state, or locally imposed tax payable
upon such admission price. The $15,000 per day or 15%
of the gross admission price shall include electricity,
but the sponsor shall pay all other event costs including,
but not limited to, security, crowd control, electricians,
custodial personnel, office attendants, elevator operators,
clean-up and other like expenses.
424. Sueh-tax-amettnt-shel+-be-separetehewli-end
pv+titeti-epen-eseh-t+thety--The-abeve-tem-ameent-she+1
epp+y—te-sna-bte-peid-by-the-spenser-upen-aii-tiekets-seld
fer-ftdm+&sieti-te-the-stadiamT-wliethet-er-net-stleit-tieket
are-tiseal—ftftd-shali-epply-te-ftlia-be-pe+a-by—the-speRsef
lipen-e1+-esmil++metttavy-t4ekets-ef-pesses-liet-ethetw4se
exempted-hereelidefT-4+-tlie-spenser-hes-eeteblishea-ne
gress-ptiee-fer-ftdwiewiett-en-a-eemp++meti+efy-t4thet-er
pessT-the-gress-pr4ee-en-eiseh-stieh-eempl+metitegy-tieket
et-pess-48-heetty-establisited-ea-the+-emetilit-es-esteb14ehed
by-the-spefteer-w1#eh-48-reettlived-te-be-peid-by-a-patfen
fer-edm+004en-te—the-eveti+T
(2) Federal, state, and locally imposed taxes shall
be separately shown and printed upon each and every ticket
printed for an event, Including complimentary tickets.
Complimentary tickets shall be clearly overprinted as such.
Sponsors Shall be permitted to issue complimentary tickets
to their event in an amount equal to a maximum of 1% of the
total tickets sold for the event, and if the city's audit
conducted subse uent to the event reveals the complimentary
tickets were issued in an amount exceeding 1% of the total
ticket sales, then the sponsor will be required to pay the
15% city tax on that number of complimentary tickets which
exceed the 1%. The 15% city tax on the excess complimentary
tickets shall be Paid on the 'average ticket price charged
by the sponsor for that event.
=3-
8 7 7 9
(c) Special charges, teats and cohditionsz
Bete-teet�tttwel..eRrfettse..pti4slt`i4ttlA ity.4 teetaeee irtae ►etiKta
ef.,eat-leesmthow.ene..#4114.1trt-Ae1 teffipetatehtteneem-fee
bst i1y►.-414atey.-a tti=ette-4tmAt red-theasettddsIlets-pet.,steet..,
tot es-fet..oto etgl= a +agecall-the.04ty-s +eli4be-st2tea(4.,t e
teage4.414st*ads-4s-stash-pal ey=-=A-tet444itate-s€=gsth
4asotatiee-shal4.zbe=pts 4ded-te-the-e ty-at-ieestmtes=days
be€ste-the-elatest,,the-sthstibled=event
(2) A, The. sponsor of any event shall_ obtain, at .its
own. cost and expense,_, public .liability insurattce_,it..the atnb.uttt
of not less, than $1,0.00,000 per. occurrence for bodily injury,
and not less__ than $100,000 pet. occurrence. for, property datnage►
The sponsor. shall furnish certificates.of insurance
to the city at least. 10 days prior to_ any scheduled event itt the
amount, type, and classification as noted. No modification or
change in said insurance shall be made without at least 20 days
advance written notice to the city.
Insurance policies required above, shall be issued
by companies authorized to do business under the laws of the
State of Florida, with the following qualifications as to manage-
ment and financial strength:
'The Company must be rated no less than 'A' as
to management, and no less than 'Class X' as to
financial strength, in accordance with the
latest edition .of Best's Insurance Guide,
published by Alfred M. Bent Company, Inc.,
75 Fulton Street, New York, New York.'
All such policies to cover the scheduled events
shall name the City of Miami as an additional insured.
B. The city may be able to obtain special events insurance
for events that meet certain prerequisites. The city, at its sole
option, may determine that the event qualifies for said special events
insurance. If so qualified, the sponsor may comply with this section
by obtaining said insurance through the city.
{h} At-any-time-when-a-fiat-rate-eharge-is-imposed-for
the-use-ef-the-sta4+em-te-stage-any-event-er-then-edm+ ss#en-call
carry-te-any-evert-#s-trot-conditioned-upon-the-purchase-ef-s
b alter-er-the-payment-ef-e-fee-by-tke-patron;-the-ekerge-te-the
spenset-€et-the-else-ef-the-etedium-shah-itteiede-and-shah-be
riot-less-than-the-eeef-ef-e}tetatirtg-the-steel#um-for-such-event;
stteh-east-aise-be+tag-feferted-te-hete#ct-es-the-=stadium-serV4ee
for==
(4) At any time when the flat -rate charge is imposed for
the use of the stadium to stage an event, or when admission and
entry to any event is not conditioned upon the purchase of a
ticket or the payment of a fee by the patron, the charge to the
sponsor shall not be less than the cost of operatinj the stadium
for said event.
-4-
87 7 9
t§* tht=eIt y.ghc 2 tteto lie'utote=itemitetzef.eniterted
e teeaetf eet§..anda'tt'te Ramf9i�t' ref '+. teer4ty 'p' ergettftel,Y"El"}t+' etitp
gt748ffie4tt*e6editisty-etawd=etstitte ttigft,.gram*tedi iffi s t4.41 tt'°
rtnstediate=sire=eatsidtltl<=sta Batt;-t}amge ttrtmittedmt~teees6d+ y=hy
ti4—etyT-Minipsymeiwt e-t4e.-esst- teee4 0=4e►,4e=tsstte=ttp.4 Fe
onsav—to-the- '4t tar.,—T)e'.ees*.,e$-the°'s4e,tesa01 se#0#4 ymse#44oe
taget4et,0044, 4he essall otkee attic et=sstt#et=1#tilitiel*
stetli8ffi etsstt=sf,=sttd-,staff 4am=tna4#tertat ee esttigt :see-t a=stsettum
setviee-€ee-and w411-4e-pa 4 s—tila=e t4yi-t fe.,soonso#=litmgtty-
event=held=in -thea-staeli-tstilt.---t3tse-payments°ts—the-eity-f'j '-the•=eft tie
€lac -state' ehatger=if-shah=,e-impssedt-ee=a14=tas=Mecc a: ;mes=see
etch=ire=st,beechen-04-hetesi; -w*I-eenstitete,-paytAent—s4 eke
stsdom.-sett+iee €eet-
(5) Uniformed police officers and/t5.r_ other s_e,cuity_per-
sonnel shall be.provided by,the event sponsor in, numbers'.accept=-
able to the city as being sufficient to, control the,_anticip,ated
event crowd both within and outside the ,stadium, with payment
therefor to be made by .the sponsor.
46* every=-athletie-event; the-spettset-skal-€e*mish
all-adm#ssieni-tiekets-in aelditietz-te-the-fellewieg-[,ersenneli
tieket-takers;-t4eke4-sellets-ar:et-eshers-in-stif+ieient-eemt>ets
es-the-eity-determines-neeessety-te-hanelle-seetittg-end-erd#rtery
erewd-eentreiT
(6) Sponsor shall also provide, at its expense, all
admission tickets to its eventz as well as ticket takers, ticket
sellers, and ushers, as required, and in numbers acceptable to
the city as being sufficient to handle smooth entry of the public
to the stadium and to provide efficient ushering and seating of
the event crowd."
k
Section 2. All ordinances or ports of ordinances,
resolutions, or parts of resolutions, insofar as they are in con-
flict 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.
PASSED ON FIRST READING BY TITLE ONLY this gt-h day
of March , 1978.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this 23rd day of March
ATTEST;
, 1978.
Maurice A. Ferre
MAURICE A, FERRE, MAYO R
(333/
ALPH ONGIE, CITY CLE
PREPARED AND APPROVED BY
4741.b
J WB1 RT F, CLARK
ASSISTANT CITY AT'I'ORNBY
ED AS TO AND CORRECTNESS;
GEoRGFwF. NNOR,f3R,,
J
CITY ATTORNEY
87
MIAMI RiEW
ARfb BAIL1Y 't tteSrld
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ed Se►ah Willt6t'nt: Who 6f1 Pith b
lays thlt 'She
rhe Dag Legal _ Atda bi the Mieffil Review End
y Reef rd, a daily (eRcaht setutdey, suttees. Mt{d
Legal Holidays) ne*Ihepef, bUblehed et Miarfi n
Dade Cburity Fielder that the attached espy isl haven
tltehtent, being a Legal Adve►tlseittent bt Notice in
the Metter a
City of Mlatltl r Pioridc
t
ORDDIANC8 NO, 8779
In the - }dot C6dit,
was published in Said heWlpapet In the iMsue% 6f
March 291 1978
Afflant further Mays that the Said Miami Review
end daily Record Is a newspaper published at Miami,
In said Dade County, Florida. and that the said news•
paper has heretofore beer continuously published In
said Dade County Florida, each day (except Saturday.
Sunday and Legal Holidays) and has been entered as
second class mall rnarter at the post office in Miami.
In said Dade County, Florida, for a period of one year
next preceding the first oubtication of the attached
copy of advertisement; and afrient further Mays that
she has neither paid nor promised any person. firm
or corp anon any discount, rebate. commission or
for pu in The ewspaper.
refund
the purpose of securing this advertisement
41„
Sworn to and subscribed before mthis
ChA.D.,19....:, . .
'bctelme V. F tieyre
��gg Note Public, State of Fioridlat Lame
My commission expires Julie 16, 1978.
ell Y OP MIAM1i DADS t6UNi'V, PLORIDA
LEGAL NOTICE
Ail intorretted will take halite that 61 'Ma 3S►d day Of IvOittn# 1,15 th8
City enittlhis3lafl.ol MIAMI, Plaids bet*ed Slid adopted 1h8 tallowth6
titled of•dinanca:
OROINAt eE NO. A224
AN ORDINANCE AMENbING SEttiON 39•36 OP THE CODE OP
THE CITY OF MIAMI, FLORIDA, RELATING tO THE CItY'S tAX
UPON ADMISSIONS TO THE MIAMi ORANGE t3OWL MEMORIAL
s1 AbiUM. BY .PROVIDING FOR CERTAIN MINIMUM
GUARANTEED_ RENTAL AMOUt4tS FOR 5tAbIUM. USE OP
VARIOUS PARTS OF THE STADIUM IN- INStANtES WHERE
EITHER NO ADMISSION CHARGE 15EEING ASSESSEt POR A
PARTIeuLAR EVENT. OR tl-4E ADMISSION tAX REALi2ED BY
:THE 6la'.Y...JiO�:.e ner�*i rt dttrrP.�L t�_1Sr_LESS THAN' tut
!MiINIMUM GUARANTEED RENTAL AMOUNT: P
DARbs FOR THE_ ISSUANCE OF COMPLIMENTARY TICKETS TO,
EVENTS;, PROVIDING FOR USE Of: CITY SPECIAL EVENT IN=
SURANCE, WHEN APPROPRIATE;. PROVIDING THAT tHE
NUMBER OF. SECURITY AND CROWD=CONTROL PERSONNEL
USED At EVENTS BE SUBJECT tO PRIOR APPROVAL OF THE
CITY MANAGER OR HIS AUTHORIZED DESIGNEE: CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE._
. RALPH G. ONGIE
CITY CLERK
Publication of this notice on the 39 day of March, 1918. 3'29 .
M 03391b
— ._.. _..
1GT
TO, ioseph R, Orassie
City Manager
CITY OF MIAMI, rLor iDA
14I r ii if i I c j
INTER•OF'17ICE MEMO ANOUM VI ; ; "`
enning , Director
De • ent of Stadiums & Marinas
DATE. February i 1 j I f l FI V
s.'rrP::, r
Amending Orange Bowl rental
ordinance,
Rr F MCNC£8�
i.NC�:vSURES:
Draft amending ordinance,
The present Orange Bowi rental ordinance assesses rental only
on the basis of a percentage of admissions. It has become
apparent that this existing Orange Bowi rental ordinance,
Ordinance No. 8579, needs amendment to accommodate assessment of
a rental fee against Users of the Orange Bowi who do not
charge admission for entry to their event (free admission) or
Users whose ticket sales fall far below the Users' projections
with the result that the City's 15% of gross admissions may not
even cover the City's costs for the event. It is hereby proposed
to amend this situation by setting minimum guaranteed rental
amounts which vary depending on whether the User is utilizing
the entire stadium, one-half of the stadium, or only the
playing field.
The proposed amendment further modifies the present ordinance
by (1) setting a standard for issuance by a User of complimentary
tickets to his event whereby he may issue up to a maximum of
one percent (15) of the total tickets sold for the event, (2)
providing that a User may utilize the City Special Events in-
surance policy, when appropriate, and (3) providing that the
City shall have a voice in determining the number of security
and crowd -control personnel used at events.
The Department of Stadiums and Marinas recommends passage of
the enclosed Ordinance.
RLJ : cb
CITY COM ISSJ N
M ETIN OF