HomeMy WebLinkAboutO-08152ORDINANCE NO. 8152
AN ORDINANCE AMENDING SECTION 39-20 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, BY ADDING A NEW
SUBSECTION (f) THERETO, FOR THE PURPOSE OF ESTAB-
LISHING THIS TAXES AND CHARGES FOR, AND THE METHOD
OF OPERATING PROFESSIONAL SOCCER EVENTS AT THE
ORANGE BOWL STADIUM; PROVIDING A PENALTY; REPEAL-
ING ALL ORDINANCES, CODE SECTIONS OR PARTS TIHEREOF
IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CON-
TAINING A SEVERAi3ILITY PROVISION; DECLARING THIS
ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING
WITH THE REQUIREMENT OF READING THE SAME ON TWO
SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS
OF THE MEMBERS OF THE COMMISSION
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF•MIAMI,
FLORIDA:
Section 1. Section 39-20 of the Code of the City of
Miami, Florida, is hereby amended by adding a new subsection
(f) thereto for the purpose of establishing the taxes and
charges for and the method of operating professional soccer
events at the Orange Bowl Stadium, as follows:
Sec. 39-20. Tax on admissions; charges in lieu of admissions
tax.
(a) Admissions tax:
(1) There is hereby levied on all admissions to
the stadium a tax in accordance with the following schedule:
Net price of ticket before taxes City tax imposed hereby
$ .19 . $ .02
.22 .04
.27 .03
.38 .04
.45 .05
.55 .07
.59 .07
.74 .09
.89 .10
.92 .12
1.01 .16
1.07 .19
1.24 .22
1.27 .24
1.42 .26
1.71., .30
1.77 .33
2.13 .38
2.56 .45
2.84 .50
Net price of ticket before taxes City tax' imposed hereby
$2.98 $ .53
3.35
4.27
4.97
5.69
• . . . . • i . . . . . .
.63
.75
.89
1.00
(2) Such tax amounts shall be separately shown and
printed upon any tickets thereto. The above tax amounts
shall apply to and be paid upon all tickets sold for admis-
sion to the stadium, whether or not such tickets are used,
and shall apply to and be paid upon all complimentary tickets
or passes at the rates applicable to similar paid admissions.
(3) In the event of the establishment of any
net ticket prices, before taxes, not shown in the above
schedule, the director of finance shall compute and fix
tax amounts therefor, which shall conform to the principles
under which the above schedule was computed, and which shall
approximate but not be less than eleven and twelve one -
hundredths per cent for tickets with net prices of one
dollar or less, and fifteen per cent for tickets with net
prices of more than one dollar. Final accounting and pay-
ment of all admission tax sums due hereunder shall be made
to the proper city authorities as soon after the holding
of each event as may be reasonably possible, and in no case
shall be permitted to remain unpaid longer than three
working days after the event, and in all cases shall be
paid prior to the holding of another subsequent event by
the same sponsor.
(4) The sponsor of any event at the stadium and
the seller of the tickets shall be responsible for the
payment of the tax required hereby, and shall hold in trust
for the city any amounts due hereunder, and shall account
for and pay over to the city all such sums within the periods
required, or immediately upon written demand by the director
of finance, and failure to make full accounting and payment
upon demand shall be subject to a penalty of two per cent
per month or fraction thereof intervening between such
demand and final accounting and payment, exclusive of the
first twenty-four hours of such period, which penalty shall
be additional to other penalties provided by this Code and
the City Charter.
(5) The tax levied hereby shall be deposited
daily as received in the funds and accounts of the stadium,
and reserved therein and disbursed therefrom solely for the
operation, maintenance, improvement and debt service of the
stadium.
(b) Repealed by Ordinance No. 7912, § 1.
(c) Nothing contained in this section shall limit or
restrict the right of the city commission to establish
additional terms and conditions for the use of the Miami
Orange Howl Memorial Stadium, in addition to the charges set
-2
forth in this section.
(d) For the years 1971 through and including 1975
the charge for the use of the Orange Bowl Stadium for the
Super Bowl Game between the American Football League and
the National Football League and the terms and conditions
of the contract therefor shall be as established by resolution
by the commission of the city.
(e) Notwithstanding the provisions of subsection (a)
of this section, the admissions tax imposed hereunder shall
apply to the use of the Orange Bowl Stadium by the University
of Miami, the Orange Bowi Committee, the Ancient Arabic
Order Nobles of the Mystic Shrine, and the Agricultural and
Mechanical University of Florida which shall be established
at 10% of the gross admission price derived by each such
sponsor from each event, less any Federal, State or locally
imposed tax payable from such admission price.
(f) Notwithstanding the provisions of subsection (a)
of this section or the provisions of Sec. 39-21 of this article,
(1) there is hereby levied on all admissions to the stadium
for each professional soccer event, a tax in the amount of
$3,500 for the first 5,000 or less admissions and 10% of the
price for each additional admission above the first 5,000
admissions, less any Federal, State or locally imposed tax
payable from such admission price, (2) the sponsors of pro-
fessional soccer events shall provide their own ticket
sellers and ticket takers. The City of Miami shall provide
operating personnel other than ticket sellers and ticket
takers, (3) said taxes and method of operating professional
soccer events at the stadium shall be in lieu of the taxes
and charges otherwise provided in subsection (a) of this
section or Sec. 39-21 of this article. (Code 1957, § 40-20;
Ord. No. 7416, § 1; Ord. No. 7417, §§ 1, 2; Ord. No. 7890,
§ 1; Ord. No. 7912, § 1; Ord. No. 8120, §1; Ord. No.
§ 1.)
Editor's note. —Section 2 of Ordinance No. 7912 pro-
vided that any long term agreements entered into pursuant
to subsection (b) of section 39-20 shall remain in full
force and effect until said agreements expire according to
their present terms.
Section 2. Any person violating the provisions of
Section 1 of this ordinance shall be fined or imprisoned,
or both fined and imprisoned in accordance with Sections
3(aa) of the Charter of the City of Miami (Chapter 10847,
Acts of Florida, 1925, as amended) and Section 1-6 of The
Code of the City of Miami, Florida.
Section 3. A11 ordinances, code sections or parts
thereof in conflict herewith, insofar as they are in con-
flict, are hereby repealed.
Section 4. If any section, sentence, clause, phrase,
or word of this ordinance is for any reason held or declared
to be unconstitutional, inoperative or void, such holding or
invalidity shall not affect the remaining portions of this
ordinance; and it shall be construed to have been the intent
of The Commission of the City of Miami to pass this ordinance
without such unconstitutional, invalid, or inoperative part
therein; and the remainder of this ordinance, after the ex-
clusion of such part or parts shall be deemed and held to
be valid as if such parts had not been included therein.
,Section 5. That 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 6. That the requirement of reading this Ordinance
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 22nd day of
March, j.973 .
H.D. SOUTHERN
CITY CLERK
DAVID T. KENNEDY
MAYOR
H. D. SCUTH''RN , Clerk of he C of ',`. Flor da;.
she. c:y certify t' cn t.:ae 3l 0.: -; o'
A. `'
D. ! .-tut cci r_Ct c:i 7 cf
above £+::d oi,''?'.1�1-�- �I';'_,.. L::i iw,:.�t.%. tho
t:TE.)ut
Door of the�'�i'' G. L Ji'l.; :l'..
provided fey ret.. c:c_-; hY a.t�:C�I1nL
Said copy to
ii7T � :>.i y ; hand it id t.0 yo cia s al f' :aid
City this ay of
41?- A. D. 119.2 3.
•
City s11 erk
day of
MIAMI REVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personalty ap-
peared Martha Orobnie, who on oath says that she
is the Office Manager of the Miami Review and
Daily Record, a daily (except Saturday, Sunday and
Legal Holidays) newspaper, published at Miami In
Dade County, Florida; that the attached copy of adver-
tisement, being a Legal Advertisement or Notice in
the matter of Adoption of Ordinance No. 8152
Re:
Professional Soccer Events at the Orange how' Stadium,
etc,
City of 'Iial:Ti, 'r1e'rida
in the isC C Court,
was published in said newspaper in the issues of
?1areh 2 1973
Affiant further says that the said Miami Review
and Daily Record is a newspaper published at Miami,
in said Dade County, Florida, and that the said news-
paper has heretofore been continuously published in
said Dade County. Florida, each day (except Saturday,
Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office in Miami,
in said Dade County, Florida, for a period of one year
next preceding the first publication of the attached
copy of advertisement; and affiant further says that
she has neither paid nor promised any person. firm
or corporation any discount, rebate, commission or
refund for the purpose of securing this advertisement
for publication in the said newspaper.
�.• .....r.!...... ., c...t........1
Sworn to and subscribed before me this ..2.‘..1.11
i�LT Chi A. D. 19 73
C✓ -- ! !'r
{luth Giatter,
Notary Public, State of Florida at Large,
(SEAL)
My Commission expires May 16, 1973.
rift lir M11A1i1,
MOP'. ('9t1STt. P1.ORTDA
t}:(:A1. NOTiCE
Ai1 interested will take entire
that rn the innd day of Aisrr',.
1973 the Commission of the City
of MS:tmi. F'mlrtn ad<,ptcd an
c.t•dinance entitled -
AN ORDINANCE 4 Mr -ND.
ING SEfTION 31`-20 OF THE:
CODE OF TFIF CITY ('F'
'MIAMI. FLORIDA. BY
ADDING A NEW st n' 'C-
TiON (f) THERETO, FOR
TITF PIMPCSE CF FSTAB-
USHING THE TAXES AND
CHARGES FOR, AND THE
METHOD OF ('PERATiN(;
I'ROFESSION,\L soccFR
EVENTS AT 'ME OR:\N(;I:
1 C VT. ST:\htf-M, POrwrlt.
ING .\ PENALTY:
ING ALL ORDINANCES.
CODE SECTIO`S OR PARTS
THEREOF IN CONFLICT,
INSOFAR AS THEY ARE
IN CONFLICT; CONTAiN-
ING A SEA'FHAi3il.1TY
PROVISION: DF:Ct.\RING
THIS ORDINANCE TO BF:
AN EMERGENCY MEAS-
VRE: DispF,NrING 1YITfT
THE REQUIREMENT OF
READING THE SAME ON
TWO SEPARATE DAYS BY
A VOTE OF NOT LESS
TITAN FOUR -FIFTHS OF
THE MEMBERS OF THE
COMMISSION
Is designated Ordinance
No. 8152.
II. D. SOUTHERN
CITY CLERK
CITY OF
TAMI. FLORIDA
Puh)Ica ?inn of t'ds not''t' nr
the 2Sth Clay of M'irv't.. 1973.
Ad. No. 30491
N" 46865
Signature Identification Slip
Regular
Municipal Election
i it;:.'.IAL'i, DAN: COt?:. i'Y, FLORIDA on thr, 25th dry cf
;c':.l;rr, A I'. 1369.
1 affix my signature hereto in the place and at the time of
v oting for the purpose of identifying myself as a duly registered
qualified elector in this election.
(Signature of Elector)
I hereby certify that the foregoing signature was signed in
::.; p c:ence d:rina voting hours at this voting precinct and
icy me compared with that or: the registration records and ap-
f,r wf•a for voting in Precinct Ito.
(Signature of Clerk or Inspector)
I hereby certify that I admitted the person who signed this
ientificaticn slip to the voting machine; that said elector was
1:ersonaily known to me, or told me that he signed it• and that
number of the voting machine is
(Signature of Official Operating Machine)
SRS/ts
3/14/73
ORDINANCE NO.
I}t! fir! ..
AN ORDINANCE AMENDING SECTION 39-20 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, BY ADDING A NEW
SUBSECTION (f) THERETO, FOR THE PURPOSE OF ESTAB-
LISHING THE TAXES AND CHARGES FOR, AND THE METHOD
OF OPERATING PROFESSIONAL SOCCER EVENTS AT THE
ORANGE BOWL STADIUM; PROVIDING A PENALTY; REPEAL-
ING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF
IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CON-
TAINING A SEVERABILITY PROVISION.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Section 39-20 of the Code of the City of
Miami, Florida, is hereby amended by adding a new subsection
(f) thereto for the purpose of establishing the taxes and
charges for and the method of operating professional soccer
events at the Orange Bowl Stadium, as follows:
Sec. 39-20. Tax on admissions; charges in lieu of admissions
tax.
(a) Admissions tax:
(1) There is hereby levied on all admissions to
the stadium a tax in accordance with the following schedule:
Net price of ticket before taxes City tax imposed hereby
$ .19 $ .02
.22 .04
.27 .03
.38 .04
.45 .05
.55 .07
.59 .07
.74 .09
.89 .10
.92 .12
1.01 .16
1.07 .19
1.24 .22
1.27 .24
1.42 .26
1.71 .30
1.77 .33
2.13 .38
2.56 .45
2.84 .50
9
Net price of ticket before taxes City tax imposed hereby
$2.98 $ .53
3.35
4.27
4.97
5.69
.63
.75
.89
1.00
(2) Such tax amounts shall be separately shown and
printed upon any tickets thereto. The above tax amounts
shall apply to and be paid upon all tickets sold for admis-
sion to the stadium, whether or not such tickets are used,
and shall apply to and be paid upon all complimentary tickets
or passes at the rates applicable to similar paid admissions.
(3) In the event of the establishment of any
net ticket prices, before taxes, not shown in the above
schedule, the director of finance shall compute and fix
tax amounts therefor, which shall conform to the principles
under which the above schedule was computed, and which shall
approximate but not be less than eleven and twelve one -
hundredths per cent for tickets with net prices of one
dollar or less, and fifteen per cent for tickets with net
prices of more than one dollar. Final accounting and pay-
ment of all admission tax sums due hereunder shall be made
to the proper city authorities as soon after the holding
of each event as may be reasonably possible, and in no case
shall be permitted to remain unpaid longer than three
working days after the event, and in all cases shall be
paid prior to the holding of another subsequent event by
the same sponsor.
(4) The sponsor of any event at the stadium and
the seller of the tickets shall be responsible for the
payment of the tax required hereby, and shall hold in trust
for the city any amounts due hereunder, and shall account
for and pay over to the city all such sums within the periods
required, or immediately upon written demand by the director
of finance, and failure to make full accounting and payment
upon demand shall be subject to a penalty of two per cent
per month or fraction thereof intervening between such
demand and final accounting and payment, exclusive of the
first twenty-four hours of such period, which penalty shall
be additional to other penalties provided by this Code and
the City Charter.
(5) The tax levied hereby shall be deposited
daily as received in the funds and accounts of the stadium,
and reserved therein and disbursed therefrom solely for the
operation, maintenance, improvement and debt service of the
stadium.
(b) Repealed by Ordinance No. 7912, § 1.
(c) Nothing contained in this section shall limit or
restrict the right of the city commission to establish
additional terms and conditions for the use of the Miami
Orange Bowl Memorial Stadium, in addition to the charges set
•
•
•
forth in this section.
(d) For the years 1971 through and including 1975
the charge for the use of the Orange Bowl Stadium for the
Super Bowl Game between the American Football League and
the National Football League and the terms and conditions
of the contract therefor shall be as established by resolution
by the commission of the city.
(e) Notwithstanding the provisions of subsection (a)
of this section, the admissions tax imposed hereunder shall
apply to the use of the Orange Bowl Stadium by the University
of Miami, the Orange Bowl Committee, the Ancient Arabic
Order Nobles of the Mystic Shrine, and the Agricultural and
Mechanical University of Florida which shall be established
at 10% of the gross admission price derived by each such
sponsor from each event, less any Federal, State or locally
imposed tax payable from such admission price.
(f) Notwithstanding the provisions of subsection (a)
of this section or the provisions of Sec. 39-21 of this article,
(1) there is hereby levied on all admissions to the stadium
for each professional soccer event, a tax in the amount of
$3,500 for the first 5,000 or less admissions and 10% of the
price for each additional admission above the first 5,000
admissions, less any Federal, State or locally imposed tax
payable from such admission price, (2) the sponsors of pro-
fessional soccer events shall provide their own ticket
sellers and ticket takers. The City of Miami shall provide
operating personnel other than ticket sellers and ticket
takers, (3) said taxes and method of operating professional
soccer events at the stadium shall be in lieu of the taxes
and charges otherwise provided in subsection (a) of this
section or Sec. 39-21 of this article. (Code 1957, § 40-20;
Ord. No. 7416, § 1; Ord. No. 7417, §§ 1, 2; Ord. No. 7890,
§ 1; Ord. No. 7912, § 1; Ord. No. 8120, §1; Ord. No.
§ 1.)
Editor's note. —Section 2 of Ordinance No. 7912 pro-
vided that any long term agreements entered into pursuant
to subsection (b) of section 39-20 shall remain in full
force and effect until said agreements expire according to
their present terms.
Section 2. Any person violating the provisions of
Section 1 of this ordinance shall be fined or imprisoned,
or both fined and imprisoned in accordance with Sections
3(aa) of the Charter of the City of Miami (Chapter 10847,
Acts of Florida, 1925, as amended) and Section 1-6 of The
Code of the City of Miami, Florida.
•
•
•
Section 3. All ordinances, code sections or parts
thereof in conflict herewith, insofar as they are in con-
flict, are hereby repealed.
Section 4. If any section, sentence, clause, phrase,
or word of this ordinance is for any reason held or declared
to be unconstitutional, inoperative or void, such holding or
invalidity shall not affect the remaining portions of this
ordinance; and it shall be construed to have been the intent
of The Commission of the City of Miami to pass this ordinance
without such unconstitutional, invalid, or inoperative part
therein; and the remainder of this ordinance, after the ex-
clusion of such part or parts shall be deemed and held to
be valid as if such parts had not been included therein.
PASSED AND ADOPTED BY TITLE ONLY this day of
, 1973.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this day of , 1973.
Attest:
PREPARED AND APPROVED BY
MAYOR
S. R. Sterbenz
-,-Assistant City Attorney
REVIEWED BY /,•4`r.lj,,t/.'a.•
.' John S. Lloyd
Assistant to Director
APPROVED AS TO FORM AND CORRECTNESS
Alan H. Rothstein
City Attorney
-4-