CHAPTER 18. HERITAGE LEGACY BUSINESS ESTABLISHMENTS

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE MIAMI BEACH CITY CODE, ENTITLED "BUSINESSES," BY CREATING ARTICLE XVIII, ENTITLED "MIAMI BEACH HERITAGE LEGACY BUSINESS REGISTRY"; BY CREATING SECTION 18-930, ENTITLED "PURPOSE," AND SECTION 18-931, ENTITLED "MINIMUM REQUIREMENTS, CRITERIA, AND PROCEDURE FOR DESIGNATION OF HERITAGE LEGACY BUSINESS ESTABLISHMENTS," TO CREATE THE MIAMI BEACH HERITAGE LEGACY BUSINESS REGISTRY, AND ESTABLISH THE PURPOSE, MINIMUM REQUIREMENTS, CRITERIA, AND PROCEDURE FOR THE DESIGNATION OF QUALIFIED BUSINESSES AS HERITAGE LEGACY BUSINESS ESTABLISHMENTS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.  

At the request of Mayor Dan Gelber, the Administration drafted an amendment to Chapter 18 of the City Code, to establish a process for recognizing legacy businesses in the City of Miami Beach.

The subject Ordinance creates a process for establishing a legacy designation for eligible existing businesses. Specifically, an existing business may qualify for this type of designation if certain criteria are met. In order to qualify, the establishment must be a commercial entity, open to the public, including but not limited to restaurants, drinking establishments, and retail uses.  If an existing, qualifying business has been in operation for at least 25 years, and is in good standing with no pending or active City code violations, the City Manager or a member of the City Commission may nominate the business for legacy designation provided the business meets at least three of the following criteria:

1. The establishment is unique to Miami Beach and the original location of the establishment was in Miami Beach.

2. The establishment has a demonstrated record of promoting the City of Miami Beach in a positive manner.
3. The establishment has significantly contributed to the history or identity of the City, or a neighborhood in the City.
4. The establishment is committed to maintaining the unique physical features, services, arts, performances or traditions that define the business, including, but not limited to craft, culinary, or art forms.

The City Commission may, by resolution and a 4/7th vote, approve or deny a nomination legacy business designation.

For comparison purposes, the administration researched three cities similar in size to Miami Beach that had a Legacy Business program. These were San Francisco, California; North Miami, Florida; and San Antonio, Texas. The following is a summary of each of the programs:

San Francisco - Legacy Business Historic Preservation Fund
The program provides visibility for the business and authorizes the business to participate in the Legacy Business Historic Preservation Fund. The proposed business is nominated for consideration by the Mayor or a member of the Board of Supervisors. Additionally, the Small Business Commission, after a noticed hearing, must determine that the nominated business meets following criteria:
• The business has operated in San Francisco for 30 or more years, with no break in San Francisco operations exceeding two years. If the business has operated in San Francisco for more than 20 years but less than 30 years it may still satisfy this criteria if the Small Business Commission finds that the business has significantly contributed to the history or identity of a particular neighborhood or community and, if not included in the Registry, the business would face a significant risk of displacement.
• The business has contributed to the neighborhood's history and/or the identity of a particular neighborhood or community.
• The business is committed to maintaining the physical features or traditions that define the business, including craft, culinary, or art forms.

North Miami - Legacy Business Stabilization Grant Program
Participants must be a small business operating within the City of North Miami for at least 15 years. Applicants of the Legacy Business Stabilization Grant Program shall comply with those provisions of the City’s local adopted codes regarding possessing a Certificate of Use and Business Tax Receipt. For the purposes of this CDBG program, small businesses will be identified through the following criteria:
• No more than ten (10) employees who are within low to moderate income range.
• Must not be part of a national chain, franchise or have city liens or code violations.
• Business can be non-profit or for-profit.
• Must submit letter of intent and provide evidence of need for assistance with documents such as invoices, purchase order or service contracts.
• Must be a legacy business and have been operating in North Miami for at least 15 years (proof includes any one of the following: incorporations prior to 2005, income tax return prior to 2005, utility bill prior to 2005, or rental lease prior to 2005).
• The business owner must demonstrate an “Active” status in the Florida Department of State, Division of Corporations.
• Cannot simultaneously apply for other North Miami grants funded under CDBG-CV allocation.
• More than one application submitted for the same business, business owner, family member, or partners will not be considered.
• Applicant must be a U.S. Citizen or permanent resident alien.
• Applicant must not have received a CRA grant, City of North Miami Green Rehabilitation or U.S. Small Business Administration grant in the last five (5) Years.
• First come first served processing.

San Antonio - Legacy Designation
Businesses that have existed for 20 years or more and meet at least one of the following criteria are eligible for legacy designation:
• Owned by generations of the same family.
• Provides authentic goods or services.
• Cultivates tradition and culture.
• Located in a landmark or historic district.
• Eligible and willing to be a landmark.

UPDATE
The subject Ordinance was placed on the November 18, 2020 City Commission agenda and deferred to December 4, 2020.  On December 4, 2020, the proposed Ordinance was approved at first reading with the following changes:

1. The title of the designation was changed from ‘Heritage’ to ‘Legacy’.

2. Members of the City Commission are now able to nominate eligible businesses, in addition to the City Manager.

The revised Ordinance for second reading/adoption includes these modifications.