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Home My WebLink AboutO-0859511/12/76 ORDINANCE NO. 8595 AN EMERGENCY ORDINANCE AMENDING SECTION 30-28 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CONTAINING THE SCHEDULE OF. CLASSIFICATIONS AND' AMOUNTS OF THE OCCUPATIONAL LICENSE TAX BY CHANG- ING THE AMOUNT OF THE TAX ON CIRCUSES :FROM $847.50.PER DAY TO $253 FOR THE, FIRST DAY OF;'OPERATION :AND.$126.50 FOR EACH ADDITIONAL DAY. THEREAFTER; AND BY INCLUDING THE CLASSIFICATION OF "CIRCUSES'.'"WITHIN THE CLASSIFICATION OF "CARNIVALS." THEREBY DELETING FROM SAID SECTION THE.SEPARATE CLASSIFICA- TION OF CIRCUSES;'REPEALING ALL ORDI- NANCES, CODE_SECTIONS OR PARTS THEREOF_ -IN CONFLICT; AND CONTAINING A SEVERABILITY CLAUSE, WHEREAS, the basis or predicate for current occupational license fee amount for circuses operating in the City has been the subject of an intensive review and study by the City Administration; and WHFRAS, a comparison and study of the license fee for t afhiVais and di dh§es ih heighborin e itie has alth bash made by the City ldmihistfation and WilEREAHf the.City.Mahacer Arid the Fihande Depart- tneht bisector recOtmehd that the ocotipatiohal 1idehsee fee for the operation of a direus th the dity limits of the City of Miatni be the same' amount'a5 the license fee assessed. ':to darniVals.- namely $263 for the first day of operation and $126.50 for each additiOnal.day thereafter, and said - classification of a circus.be.included within the carnival classification; NOW, THEREFORE,. BE IT ORDAINED BY THE COMMISSION .OF THE CITY OF MIAMI, FLORIDA:_' 'Section 1. Section 30-28 of,the Code of the City of Miami, Florida, as -amended, containing the schedule of - classifications and, amounts of the license tax. for engaging in a business or occupation in the City of Miami'is.hereby amended in the'following particulars: CARNIVALS, CIRCUSES,, STREET SHOWS, EXPOSITION. COMPANIES' OR SHOWS OR PERFORMANCES GIVEN IN ANY TEMPORARY ENCLOSURE. (As to deposit required of carnivals, see sections 4-4, 4-5.) For the first day $253.00 For each day thereafter 126.50, (Unless blanket license is secured as provided in chapter 49.) Circus Parades.' For each'parade through the streets where perTormance is given outside the limits of. the city. (Not permitted without approval of the: chief of police.) Each parade.......`....$42.50 * eiReusE6- 4As-te-depeait-reepAreel-et-eireeeea7-see-seetien-4-44 Eaeh-day...s...r T Paradee7--Fer-eaeh-parade-through-the- streets-inhere-perfermanee-is-given-sate}de the-1 mits-egthe-eity---4Net-permitted w+thetitrapproval-eg-the-ebief-ef-papas - Each -parade 4:6e -ar .gar. �r rr er ar r..�afr ee a-s�r+.r-rr .r er +eress�-C-er t�t7---�s-�•sa sr er-r_ sr is err te!-.t 7T eo e--et .sue-.. �*r--e�--1.+ 1/ Words striokeu through shall be deleted, Underscored words constitute the amendment proposed, Remaining.. provisions are now in effeot and remain unchanged, -2a. 1-Cif. US : -See @iiietteeg . Gan ai oag or Other 'gt aii Anitt 1 Exhibitioht gee .ng or Other small Miitiai Ehhibitibh, tUbheadiht, Darade': * Section 2. All ordinances, code sections or parts thereof in conflict herewith, insofar as they are in conflict, are hereby repealed. Section 3• If any section, sentence, clause, phrase or word of this ordinance is, for any reason held or declared to be unconstitutional, 'inoperative or void, holding or invalidity shall not affect the remaining Of this ordinance, and it shall be construed to have intent of the City Commission to pass this ordinance such unconstitutional, invalid, or inoperative part therein; and the remainder of. -this ordinance,, after the eclusion of such part or parts shall be deemed and held to be valid as if such parts had not been included therein. Section 4. This ordinance is hereby declared to be an emergency measure on the ground of urgent public need for the preservation of peace, health, safety and property In the City of Miami. Section 5. The requirement of reading this ordi- nance on two separate -days is hereby dispensed with by a vote . Of not less than four -fifths of the Members of the Commission. PASSED'AND ADOPTED -BY TITLE ONLY this. 18 day of , 1976. NOVEMBER RALPH G. ONGIE CITY CLERK PREP RED AND APPROVED EY; such portions been the without ' MAURICE A. FERRE MAYOR APPROVEP AS TO FORM AND CORRECTNESS; ODERT F. CLARK OEORGE P: KNOX, JR, AMSiatar;t City Attorney City Attorney CITY OF MIAMI. FLORIDA 1Nt1+R.o FILE N",EMIORANDUM Mrs Joseph Rr Grassie City Manager / !4 JnMes E. Gunderson 1 &rector of Finance i DATE! November 10) 1976 FILE: waiter: Revision of License Pee for Circuses ltttuttwoes: tNCLbsuRES! toe have researched the occupational license code of the City of Miami for the past number of years and we were unable to determine what factors were used in arriving at the occupational license fee for circuses operating in the city limit;• .f thc city of i•1 qi, The fec at they present time for the holding of a circus in our city limits is $847.50 per day. This fee is the result of various percentage increases in occupational lir.ense:; for the pact number of years. For instance, in 1945 a $500.00 per day fee was charged for circuses in the City of Miami. In comparing the City of Miaml licenc fee with other cities within this area, we find the City of Miami Beach charges a license fee of $1,000.00 per performance whereby said circus is operating in a tent. However, whereby said circus operates in the Convention Center at Miami Beach, no additional charge is assessed for license fees since the rental of the facility compen- sates the City of Miami Beach for the operation of the circus. The City of Hialeah charges a license fee for carnivals in the amount of $500.00 per year. However, the charge for a circus is $500.00 per. day. The City of Coral Cables has a flat license fee of ;)83.00 per day under their classifi- cation of Amusements - Public Performance, Exhibitions, etc., Carnivals and Circuses. The City cost factors involved in the -nerat ion of such event are outlined below: A. Zoning. The. 'tuning Department has. made provisions for adequate charges for their inspections for approval of application for circuses and/or carnivals. B. As to police protection, as a general rule when the ap- plication is applied for through the City Commission for approval of a circus to be held within the city limits of the City of Miami, adequate police protection is included in such request and whereby the City Commission requires said circus to provide crowd control and adequate pro- tection by the City of Miami police whereby normally off duty policemen are employed for such protection. Htt Joseph tti Cfassie As to the cost factor in the issuing of an occupational license, said cost is of a very minor amount. Normally; the operator of said circus is contacted by telephone and is requested to purchase the proper occupational license prior to the opening of this event. llndet the cirrums;tance we feel thr.t t:hr occupational license fee that should be charged for a circus should be the same amount as the license fee charged in the case of a carnival. We are basing this recommenda' tion on the various cost factors involved whereby normally circuses as well as carnivals are u::ual1y promoted in the city limits of the City of Miami by some non-profit organization. Therefore, in order to alleviate the possible loss by the non-profit organization, if the City of Miami can basically recover sufficient funds to iu ur.c no loss as to the se• , c peg i i ii . t, t bc:. . . a.icc•rcby no cost would be assessed to the taxpayers of said city, an equftabl.O solution has been accomplished. I recommend the ocLupaticanal license ice for the operation of a circus in the city limits of the City of Miami be the same amount as the license fee assessed to carnivals - namely $253„00 for the first day of operation and $126.50 for each additional clay thereafter, and said classification of a circus be included with the carnival classification as shown in Section 30-28 Page 800 of the Code of the City of Miami, and delete the classifica- tion of circus as shown on Page 802 of the Code of the City of Miami in Section 30-23. I request the City Attorney's office prepare an appropriate ordinance changing such fees. r,n Joseph Paiedes ssistant City Manager i1r. George Knox City Attorney