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HomeMy WebLinkAboutOrdinance 99-60 ORDINANCE NO. 99-60 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NO. 98-45, WHICH ADOPTED AN OCCUPATIONAL LICENSE TAX PURSUANT TO CHAPTER 205, FLORIDA STATUTES (1997); AMENDING SECTION 12, ENTITLED APPROVAL OF BUSINESS LOCATION TO ELIMINATE SAME AND PROVIDE INSTEAD FOR SPECIFIC APPLICATION PROCEDURES; AMENDING SECTION 13, ENTITLED DENIAL OF LICENSE APPLICATION TO PROVIDE FOR SPECIFIC GROUNDS FOR DENIAL AND SET FORTH APPEAL PROCESS; PROVIDING FOR A LIMITATION AND RENEWAL PROCEDURES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Subsection 12 entitled "Approval of business location required" is hereby amended as follows: Section 12. APPlOVal ofbusinesslocatioll requiIed. No license shall be issued [01 any Dusilless until the location of the Business is first approved by the Planning, Buildiilg and Zoning Department of the City as to its compliance with zoning and other regulatory ordinances of the Cit}. "Section 12. Application procedures. (A) Procedures for issuance. No license shall be issued or granted to any person to engage in any business named, identified or encompassed by this article unless an application is filed with the City Manager or his designee on forms provided for that purpose, disclosing the following: (1) a. The applicant's name and address. b. The name of the business for which a license is sought. c. The name and address ofthe owner and operator of the business and Amendment to Occupational License Ord. No.98-45 -1- if a corporation, the names and addresses of each of its corporate officers and its resident or registered agent. d. The type or classification of the business and the relationship of the applicant to the business. e. The location in the city where the business will be operated. f. The date of birth, social security number and driver's license number ofthe owner/operator and any applicable federal employer identification numbers. (2) When necessary for determining the proper license tax under this article, the area, capacity, capital invested, merchandise or property contained within the business, the stock carried, number of persons or things employed or engaged, the quantity, property or retail stock value or such other information as may be required by this article for purposes of determining the proper license fee. It shall be the duty of the City Manager or his designee before issuing a license requiring disclosure of such data to require the person applying for such license to file under oath a statement disclosing such data, which statement shall be kept permanently on file, and which statement shall promptly be amended by the licensee as the circumstances of the business change. (3) If the applicant is a corporation or partnership, the full name of the corporation or partnership and the state of incorporation. (4) Ifthe business is a corporation and is to be conducted under another name, the business name and county of registration under F.S. ~ 865.09. (5) Whether any of the individuals listed on the application has had his license, or the license of any business in which he had substantial control or ownership interests, revoked or suspended under this article or other similar laws. (B) Emergency locator. The application shall contain a section designated "emergency locator." The applicant shall fill out as part of the license application the names, business and residence addresses and residence and business phone numbers ofthe owner, and the manager or other persons to be notified in 'case of fire or other emergencies. Any changes in such information during the period for which the license is issued shall be made to the city manager or his designee, in writing. Amendment to Occupational License Ord. No.98-45 -2- (C) License number. All applications and licenses shall be assigned a number, which may be an individual's social security number and a corporation's federal tax number, or such other uniform method of numbering selected by the City Manager or his designee, with the director of management information systems. (D) Statement of accuracy. The application form shall contain the following language: "The undersigned has carefully reviewed this application and all information contained herein has been freely and voluntarily provided. All facts, figures, statements contained in this application are true, correct and complete to the best of my knowledge and belief. The applicant also acknowledges and understands that the issuance of a City Occupational License is contingent upon a zoning compliance inspection and in conjunction with the issuance of a city Certificate of Use and Occupancy. Failure to comply with the City's Ordinances may result in revocation of said Occupational License. " (E) Name. signature. failure to renew. The applicant shall print and sign his name to the applications immediately after the statement required in subsection (D) of this section. In the case of a corporation, an officer shall be required to sign the application in his individual capacity and not solely as a corporate agent, and shall be advised ofthe Plovisions ofsee,tion 102-370. of Section 14 below. (F) Obtaining certificate of use prior to issuance of license. Those businesses required to obtain a certificate of use pursuant to sec.tion 14-66(3) ~33-8 of the Zoning Code of Miami-Dade County, as adopted by Section 8.3 ofthe Charter, must do so prior to the issuance of a business license. (G) Smoke detector form. All apartment houses, hotels, Ioolning houses, bOcllding houses apartment hotels, ACLF'S, nursing homes, and pli~ate hospitals condominiums must submit a smoke detector report on a form prescribed by the City Manager or his designee prior to the issuance of the original license and annually thereafter at the time of renewal. A license will not be issued until the smoke detector report form is properly completed and submitted. Failure to do so in a timely manner will result in enforcement procedures and penalties as provided in this article. (H) State license. All businesses and professions regulated by the state must submit a copy of their current state license prior to the issuance of their original city licenses and thereafter each year at time of renewal. Only the state license itself, or in the case of the state hotel and restaurant commission, the receipt issued by the state, shall constitute proof of current state license. Amendment to Occupational License Ord. No.98-45 -3- (1) Alcoholic beverage establishments. All establishments that serve alcoholic beverages shall submit a completed form supplied by the city acknowledging that they are aware of the requirements ofF.S. ~562. 11, which prohibits the serving of alcoholic beverages to minors and that they are to comply with this requirement as a condition of holding the city license applied for. (Old. No. 95-2995, ~ 2(20-1 O(a)), 6-7 -95). Section 2. Subsection 13 of Ordinance 98-45 entitled "Denial oflicense application" is hereby amended as follows: SeGtion 13. Denial ofliGense appliGatioll. Any person whose appliGation fat license has been lejeGted as provided in this OrdinanGe, shall ha"e the light to appeal the dedsion ofthe City Manage! to the Cit} Commission by appropriate wlitten petition and shall be heard by the Cit} Commission at its ne..d legul.u meeting, pro"ided howe"e!, that the petition is tiled with the City COll11uission at least 10 days prior to the regular meeting of the City COulmission. Section 13. Grounds for Denial. C. An application for a business license under this article may be denied on the following grounds: (1) That the applicant has failed to disclose or has misrepresented information required by this article in the application. (2) That the applicant currently has a license under suspension or revocation. Whenever any business license has been suspended or revoked by the City for any cause whatsoever, no subsequent license shall be issued during the period of suspension/revocation to the licensee or to any other firm in which the licensee or any of its general partners, limited partners, officers or stockholders owning 20 percent or more of its stock or agents, employees or other persons who were actively involved in the business under sus- pension/revocation. (3) That the applicant desiring to engage in the business as described in the application has selected a proposed site or type of business activity which does not comply with the City's zoning ordinance or other laws of the City. (4) That the applicant fails to obtain a bond at the limits required of his business. Amendment to Occupational License Ord. No.98-45 -4- (5) That the applicant fails to obtain insurance at the limits required of his business. (6) That the applicant has failed to obtain a certificate of use as required by section 14-66(3) ofthis Code. Section 33-8 of the Zoning Code of Miami-Dade County, as adopted by Section 8.3 of the City Charter. (7) The certificate of use for the proposed business has been denied, suspended or revoked for any reason. (8) The applicant's proposed business activity or portion thereof consists of conduct that is an actual threat to the public health, welfare or safety. (9) Habitual conduct has occurred at the applicant's premises that violates city, county or state laws. (10) The issuance of a license is based on the applicant's compliance with specific provisions of federal, state, city or county law and the applicant has violated such specific provisions. (11) The applicant has violated any provision ofthis article and has failed or refused to cease or correct the violation after notification thereof. (12) The applicant within the preceding five years in this state or any other state in the United States has been adjudicated guilty of or forfeited a bond when charged with soliciting for prostitution, pander- ing, letting premises for prostitution, keeping a disorderly place, or illegally dealing in narcotics. (13) The premises have been condemned by the local health authority for failure to meet sanitation standards or the premises have been condemned by the local authority because the premises are un- safe or unfit for human occupancy. (14) The applicant's premises have been found to constitute a public nuisance. by the nuisance abatement boatd as prOvided in section 70-206 et seq. (Old. No. 95-2995, ~ 2(20-10), 6-7-95) (15) The applicant is delinquent in the payment of any License Fee imposed under this Article; Code Enforcement Lien; Special Assessment Lien and/or any other debt or obligation due to the City under State or Local Law. Amendment to Occupational License Ord. No.98-45 -5- (B) Any person whose application for license has been rejected as provided in this Ordinance, shall have the right to appeal the decision of the City Manager to the City Commission by appropriate written petition and shall be heard by the City Commission at its next regular meeting, provided however, that the petition is filed with the City Commission at least 10 days prior to the regular meeting of the City Commission. Section 3. Subsection 14 entitled "Renewal oflicense"shall be amended to add: "c. Renewed licenses will not be issued until all delinquent payments for any License Fee imposed under this Article; Code Enforcement Lien; Special Assessment Lien and/or any other debt or obligation due to the City under State or Local Law has been paid in full." "D. The City shall endeavor to notify all licensees that their licenses are due for renewal. However, if such licensee does not receive a renewal notification, it is the licensee's responsibility to renew the license prior to October 1, to avoid delinquent charges. Section 4. Subsection 17 entitled "Occupational License does not permit illegal activity" is amended as follows: A. The issuance or possession of a valid occupational license obtained under the provisions ofthis Ordinance does not constitute an approval of any offense, illegal activity or act prohibited by law. A license issued under this section does not waive or supersede other city or county ordinances or state or federal regulations or laws; does not constitute city approval of any particular business activity or manner of conducting a business activity; and does not excuse the licensee from all other city, county, state and federal regulations, ordinances and laws applicable to the licensee's business. All licenses and application materials prepared under this article shall so state. Neither the payment of a license tax nor the procurement of a license under this article shall authorize or legalize in any manner a licensee's violation of city, county, state or federal ordinance, regulation or law. B. The City Manager or his designee may investigate persons engaged in any business encompassed by this Article and make such inquiries as shall be necessary to determine whether or not such persons have procured a license as required by this Ordinance and engaged in conduct which violates this Ordinance. Section 5. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 6. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 7. Codification. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part ofthe City of Sunny Isles Beach Amendment to Occupational License Ord. No.98-45 -6- Code. Sections of this Ordinance may be renumbered or re-Iettered to accomplish such intentions and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 8. Effective Date. This Ordinance shall take effect ten (10) days after adoption on second reading. PASSED AND ADOPTED on first reading the 17th day of December, 1998. PASSED AND ADOPTED on second reading this 21st day of January, 1999. ATTEST: ~~~~G\\l\~ Richard Brown-Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Moved by: Commissioner Iglesias Seconded by: Vice Mayor Turetsky VOTE: 5-0 Mayor David Samson Vice Mayor Irving Turetsky Commissioner Lila Kauffman Commissioner Daniel Iglesias Commissioner Connie Morrow (yes) ~ (yes) ~ (yes) ~ (yes) ~ (yes) ~ (no)_ (no)_ (no)_ (no)_ (no)_ Amendment to Occupational License Ord. No.98-45 -7-