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Ordinance: 13705
File Number: 3044
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/26/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
53/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "STADIUMS AND CONVENTION CENTERS/IN
GENERAL," MORE PARTICULARLY BY AMENDING SECTION 53-1, ENTITLED
"TICKET SURCHARGE ON PAID ADMISSIONS TO EVENTS," TO AMEND AND
INCLUDE SURCHARGE AMOUNTS FOR EVENT TICKETS SOLD WITH A
VALUE OF ONE HUNDRED DOLLARS ($100.00) OR MORE, AS PROVIDED
HEREIN; PROVIDING EXEMPTIONS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Frank Carollo
WHEREAS, the Code of the City of Miami, Florida, as amended ("City Code"), sets forth
the rates and charges for the use of City of Miami ("City") owned facilities or property; and
WHEREAS, in recent years, as understandably dictated by market conditions, event
promotors have been generally increasing the prices of event tickets including those held on
City property; and
WHEREAS, the ticket surcharge is a legislative mechanism for facilitating the
enhancement of municipal facilities to be enjoyed by the general public; and
WHEREAS, the ticket surcharge enables the restoration, rehabilitation, upkeep, and
maintenance of municipal facilities which serve the public health, safety, general welfare, and
recreation of the community; and
WHEREAS, the Attorney General of Florida in Attorney General Opinion 91-55 issued
on July 22, 1991, noted that the [Attorney General's] Office "has recognized the validity of
imposing charges or fees for the use of public facilities by members of the public" when such
purposes have a relation to the facility; and
WHEREAS, the use of the ticket surcharge revenues is limited to the betterment of the
municipal facility as indicated by the applicable provision in Section 53-1 of the City Code which
states that "Receipts from said surcharge shall be retained by or used as subsidy for the facility,
marina or park from which they are generated to augment its operating or capital budget"; and
WHEREAS, certain municipal facilities are self-sustaining, deriving all their budgets from
the events that occur at such facilities and certain facilities receive no revenues from the City's
general funds; and
WHEREAS, the City Commission deems it advisable and in the best interest of the City
to amend the City Code by establishing ticket surcharge rates that reflect more current values of
tickets sold for events held on City property;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
City of Miami Page 1 of 3 File ID: 3044 (Revision: A) Printed On: 9/10/2018
File ID: 3044
MIAMI, FLORIDA:
Enactment Number: 13705
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 53/Article I/Section 53-1 of the City Code, entitled "Stadiums and
Convention Centers/In General/Ticket surcharge on paid admissions to events," is amended in
the following particulars:'
"CHAPTER 53
STADIUMS AND CONVENTION CENTERS
ARTICLE I. IN GENERAL
Sec. 53-1. Ticket surcharge on paid admissions to events.
(b) Rate of surcharge. Notwithstanding contractual agreements to the contrary, the rate of
the ticket surcharge shall be dependent upon the price of admission charged to
attendees of a given event, as established by the sponsor or promoter of said event, as
follows:
I Price of Admission (or suaaested donation) (Ticket Surcharge I
$1.00-$14.99 ..... $0.75
$15.00-$29.99 .....$1.00
$30.00 -and Up -$99.99 .....$2.00
$100.00-$249.99 .....$3.00
$250.00-$499.99 .....$5.00
$500.00-$999.99 .....$10.00
$1,000.00 and up .....$12.00
The ticket surcharge shall apply in addition to the actual admission price and shall be
exclusive of any applicable taxes and/or service charges. Each charge shall be
itemized and shown separately on each ticket.
Section 3. Amendments to this Section made pursuant to Ordinance 13705, adopted
on October 26, 2017, shall not apply to tickets sold pursuant to the March 6, 2014 Use
Agreement with Event Entertainment Group, Inc., a Florida for-profit corporation d/b/a Ultra
Music Festival ("Ultra").
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 2 of 3 File ID: 3044 (Revision: A) Printed on: 9/10/2018
File ID: 3044
Enactment Number: 13705
Section 5. This Ordinance shall become effective immediately after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1
ria ndez, ity ttor ey 11/712017
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 3 of 3 File ID: 3044 (Revision: A) Printed on: 9/10/2018