HomeMy WebLinkAboutBack-Up from Law Dept3/15/2017 Miami, FL Code of Ordinances
Sec. 53-53. - Rental rates and associated charges and conditions.
(a) Definitions. For the purpose of this section, the following words and phrases shall have the meanings
respectively ascribed to them by this subsection:
Aquatic event: An activity or gathering involving persons and equipment in the presentation of a show,
stunt, demonstration, etc., on water.
Athletic event: An activity or gathering involving sports contests or games such as swimming, boxing or
wrestling.
Boat racing event: An activity or gathering involving racing contests or boat games such as power boat
racing, rowing championships or other boat races.
City manager: The city manager or his authorized designee.
Concert event. -An activity or gathering involving the presentation of musicals, the philharmonic, rock
concerts and stage shows.
Other events: An activity or gathering other than events previously, or elsewhere in this subsection (a),
described, such as events sponsored by nonprofit entities or conventions. The examples herein are
illustrative only and do not preclude other types of activities or gatherings.
Patrons: The person purchasing an admission ticket to an event or series of events in and/or outside
the stadium.
Stadium: The Marine Stadium (Commodore Ralph E. Munroe Marine Stadium).
Trade shows: An activity or gathering involving the display or showing of new merchandise, equipment
and other items of commerce.
User: The person or parties entering into a use agreement with the city for an event or series of events
to be held in the Marine Stadium. Such person may also be referred to as the "sponsor."
(b) Admission tax and minimum charges.
(1) Except as otherwise provided in this section, charges by the city for the use of the stadium shall be
assessed as follows:
For the use of the stadium premises for other events and trade shows, there shall be assessed
a fee, payable in advance, which shall be the greater of $1,575.00 per show day and $525.00
per day for setup and/or breakdown, or a city tax on each admission to the stadium of ten
percent of the gross price, as established by the sponsor, on each admission sold by the
sponsor of the event to be held in and on the stadium premises, less any federal, state or
locally imposed tax payable upon such admission price. The $1,575.00 -per -day fee or ten
percent of the gross price does not include any stadium costs except normal electricity, water
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and sewer service. All event costs, including but not limited to security, electricians, custodial
personnel, restroom attendants, office attendants, cleanup costs, police department personnel
required for traffic control and crowd control, etc., shall be paid by the sponsor.
b. For the use of the stadium premises for any concert or events including, but not limited to,
athletic events, boat racing events and aquatic events, and concert events where no admission
is charged, there shall be assessed a fee, payable in advance, which shall be the greater or
$2,625.00 per day or a city tax on each admission to the stadium of 12 percent of the gross
price, as established by the sponsor, on each admission ticket sold by the sponsor of the event
to be held in and on the stadium premises, less any federal, state or locally imposed tax
payable upon such gross price. The $2,625.00 per day or 12 percent of the gross price shall
include electricity, water and sewer but the sponsor shall pay all other event costs, including,
but not limited to, security, crowd control, electricians, custodial personnel, office attendants,
cleanup, police department personnel required for traffic control and crowd control, and other
like expenses.
c. For the use of the parking lot only, for a commercial, video shoot or feature imagery, there
shall be assessed a flat fee, payable in advance, of $750.00 per day. For all other uses, the flat
fee shall be assessed at $2,500.00 per day up to five days. If set-up or teardown is required
during use, there shall be a fee of $1,000.00 per day, which shall be limited to one day prior
and one day after the event. Usage of the parking lot for longer than five days shall be assessed
at fair market value. Fair market value is defined as the amount that would be paid for a similar
property used in substantially the same manner as the subject property, in a competitive and
open market, under similar conditions in an arms -length transaction. This fee does not include
any stadium costs. All event costs, including but not limited to electricity used, security deposit,
electricians, cleanup, police department personnel required for traffic control and crowd
control, etc., shall be paid by the user.
d. The fee required under this section may be waived for governmental entities and agencies, or
as approved by the city commission.
For the use of the stadium premises for a combination of several types of events, the user shall
pay those rates which apply to the event having the larger of the fees quoted herein.
(2) Any person, company, corporation, or organization requesting to reserve a date (or dates) for the
use of Marine Stadium shall be required, within ten calendar days of the initial request for date
reservation, to make a payment in an amount equal to ten percent of the basic rental fee as a
nonrefundable cash deposit. Additionally, not less than 60 days prior to the date reserved for the
subject event the user must pay to the city an additional 40 percent of the basic rental fee, which
will also serve as a nonrefundable deposit. The intent of the city in this regard is that the user must
have made a total nonrefundable deposit to the city of 50 percent of the basic rental fee by at least
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60 days prior to the date reserved. The 50 -percent balance of the basic rental fee shall be paid to
the city, as a nonrefundable cash deposit, not less than 30 days prior to the event date. All of the
advance rental fees collected by the city will be forfeited if the user cancels the event.
(3) 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. Users shall be permitted to issue complimentary tickets to their event
in an amount equal to a maximum of three percent of the total tickets sold for the event, over and
above those complimentary tickets designated by the use agreement, and, if the city's audit
conducted subsequent to the event reveals that complimentary tickets were issued in an amount
exceeding three percent of the total ticket sales, then the user will be required to pay the 12 -
percent city tax on that number of complimentary tickets which exceed the three percent. The 12 -
percent city tax on the excess complimentary tickets shall be paid on the "average" ticket price
charged by the user for that event.
(4) The user shall keep available in its office, or such other place approved by the city manager, true,
accurate and complete records and accounts of all ticket sales transacted in connection with the
stadium event and shall give access to the authorized representatives of the city, during reasonable
business hours, to examine and audit such records and accounts. Final accounting and payment of
all 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 user.
(5) The user of the stadium, and the seller of the tickets, shall be responsible for the collection and
payment of all tax monies required to be collected hereunder and shall hold in trust for the city all
amounts due hereunder and shall account for and pay over to the city all such sums within the
time periods required, or immediately upon written demand by the director of finance of the city.
Failure to make full accounting and payment upon demand shall subject the user to a penalty of
two percent per month or fraction thereof intervening between such demand and final accounting
and payment, exclusive of the first 24 hours of such period, which penalty shall be additional to
other penalties provided by this Code and the city Charter.
(6) The tax levied hereby and all sums paid to the city under this section shall be deposited by the city
daily as received in the funds and accounts of the stadium.
(c) Special charges, terms and conditions.
(1) a.
The user for any event shall obtain, at its own cost and expense, public liability insurance in the
amount of not less than $1,000,000.00 per occurrence for bodily injury, and not less than
$100,000.00 per occurrence for property damage. The user shall furnish certificates of insurance to
the city at least ten days prior to any scheduled event, in the amount, type and classification as
noted. No modification or change in said insurance shall be made without at least 20 days' advance
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written notice to the city. Insurance policies required above shall be issued by companies
authorized to do business under the laws of the state, with the following qualifications as to
management 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 Key
Rating Guide, published by Alfred M. Best Company, Inc., 75 Fulton Street, New York, New York. All
such policies to cover the scheduled events shall name the city 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 user may comply with this section by obtaining
said insurance through the city.
(2) 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 user shall not be less than the cost of operating
the stadium for said event.
(3) Uniformed police officers and/or other security personnel shall be provided by the event user in
numbers acceptable to the facility manager as being sufficient to control the anticipated event
crowd both within and outside the stadium, with payment therefor to be made by the user.
(4) User shall also provide, at its expense, all admission tickets to its event, as well as ticket takers,
ticket sellers and ushers, as required, and in numbers acceptable to the facility manager as being
sufficient to handle smooth entry of the public into the stadium and to provide efficient ushering
and seating of the event crowd.
(5) Nothing contained in the provisions of this section shall limit or restrict the right of the city
commission to establish and fix special charges or special terms and conditions for the use of the
stadium.
(Code 1967, § 2-48.3; Ord. No. 9358, § 1, 12-10-81; Ord. No. 10926, § 1, 10-3-91; Code 1980, § 53-118; Ord.
No. 13142, § 13, 2-11-10; Ord. No. 13197, § 2, 9-27-10; Ord. No. 13262, § 2, 4-14-11)
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