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HomeMy WebLinkAboutItem #44 - Discussion ItemC1t? 00 MIAMI. PLollitIA N?ER•OFFICE tritMORANDUM Honorable Members of the City Commission DATE: February 1, 1974 F'ttk: suit cr: Item 74-73, City Commission Agenda, January 24, 1974 ;- Report REFERENCES: ENCLOSURE!: Item 74-73 of the January 24, 1974 agenda states: "Motion requesting the City Attorney to prepare and submit to the Commission for its consideration a proposed ordinance which would provide that any licensed establishment in the City of Miami, the owner or operator of which is convicted of any vice violation be required to appear before the City Commission at a hearing to show cause why its license should not be revoked . " Section 30-11, Miami Code, has been very successfully used in the past in connection with the revocation of City of Miami Night Club licenses. Section 30-11 states: Section 30-11. Revocation. VDOCUMENtr litiVbtk % EM N0.__� "The license of any person for the operation of any business may be revoked by the city commission at any time, upon notice and hearing, for violation of this Code or any other ordi- nance of the City or law of the State, or for any other good and sufficient reason; provided, that this section shall not affect the power of the municipal court to revoke certain licenses where such revocation is specifi- cally provided for by law. Whenever any city license upon any premises in the city has been revoked for any cause whatsoever, no subsequent license or certifi- cate of occupancy shall be issued by the city for the premises for a similar occupation or business or profession to that which has been revoked for a period of ninety days subsequent to the effective date of the revocation. A 7._ Section 30-11. Revocation (Continued) Any city license which is revoked or suspended for a specified or limited period of tine less than ninety days is exempt from the operation of this section. (Code 1957, Section 35-10.)" The City's control over Night Club licenses is firmly established in the law as a result of Appellate Court decisions upholding past City of Miami City Commission action in this regard. Night Club licenses are subject to issuance refusal. or revocation after issuance under several Miami Code Sections (3-47, 3-46, 30-11). The other types of licenses which are most frequently associated with vice violations are the State alcoholic beverage and hotel licenses. The State has pre-empted the field of regulation of these licenses. Municipalities in Florida merely collect revenue from occupational licenses issued to these businesses. The City of Miami cannot revoke the City occupational license issued to such businesses based on vice violations. The City can, however, urge the State to revoke the paramount'State alcoholicbeverage or hotel license, for vice activity taking place in the City. Relative to the State Alcoholic beverage license, Sec. 561.29, Florida Statutes provides: "(1) The division of beverage is given full power and authority to revoke or suspend the license of any person holding a license under the beverage law, where it is determined or found by the division upon sufficient cause appearing of: (a) Violation by the licensee, his or .its agents, officers, servants or employees, on the licensed premises, or elsewhere while in the scope of employment of any of the laws of this State, or the United States, or violation of any municipal or county regulation in regard to the hours of sale, service or consumption of alcoholic beverages, or engaging in or permitting disorderly conduct on the licensed premises, or permitting another on the licensed premises to violate any of the laws of this State or of the United States.'- "SUPPORTIVE DC C.,Iirk:Ert‘r!TS F L LOW" - 2 Section 30-11. Revoc t n (C tir•'2 ,i) Relative to the State 7:1:14,1 i censo ; 509. '.. 1. (4) Florida Statutes, states: "...the division of hotels and restaurants may suspend or revoke the license of any public lodging ... establishment ... when: (a) Any person interested in the operation of such establishment, whether owner, agent, lessee,or manager, has been convicted withinthe last past five years in this ;State, or any other State in the United States of soliciting for prostitution, Pandering, letting premises for prostitution, keeping a disorderly place, illegally dealing in narcotics, or any other crime involving moral turpitude. ..." ' In addition to license revocation proceedings as outlined above, Sec. 60.05, Florida Statutes, provides for a nuisance injunction action brought by the State Attorney •o r any citizen of the County (suing in the name of the State). Prostitution is a recognized basis for seeking injunctive relief and the result can be an injunction closing the establishment involved. The City, too, has basic power to abate nuisances by way of injunctive action. Whether the City initiates proceedings of its own (as in Night Club revocation proceedings), or urges State action by resolution or otherwise, there appears to be an existing legal framework for action. SRS:ro PREPARED BY: S.R. STERBENZ ASSISTANT CITY ATTORNEY L a . 1u RIVE -,,r �r ,1 tea / c i -�~ c } UCti:y,a4 1 V -3- FOLLOW"