This item was referred to the Public Safety and Neighborhoods Quality of Life Committee (PSNQLC) at the April 21, 2021 City Commission meeting and is sponsored by Commissioner Fernandez.  The purpose of the referral was to discuss the business tax receipt (BTR) criteria and propose modifications to vetting BTR renewals for businesses that routinely pose public safety and/or code enforcement concerns.

As a result of the referral, the Administration established a cross-departmental BTR working group that included staff from the City Attorney’s Office, Code Compliance Department, Police Department, Fire Department, Building Department, Planning Department and Finance Department.  The group met regularly to address the issues and come up with recommended solutions to address the concerns.

The cross-departmental BTR team proposed two changes to the City Code to (1) specifically allow police, fire, code, and building department personnel to enter all public areas and spaces of commercial business establishments that are open to the public and (2) to progressively increase the fines for BTR code violations to deter negative behavior.

This item has been heard at the PSNQLC on September 20, 2021, March 29, 2022, September 21, 2022, and November 30, 2022.  At the November 30, 2022 PSNQLC meeting, the committee further refined the recommended fine schedule.

At the last meeting on November 30th, 2022, the Committee directed the Administration to bring the recommend changes to the City Code to the full Commission for a first reading.

Proposed Changes to the City Code

The first proposed change to the City Code is to add specific language in Section 102-373 to allow the City’s regulatory departments access to public areas of businesses with a BTR.  Currently, Police and Fire have no issues entering businesses, but on occasion, it can be problematic for Code and Building to gain access. 

The proposed change to the City Code now specifically mentions that Police, Fire, Code and Building department personnel are authorized to enter all public areas and spaces of commercial business establishments that are open to the public.

The second proposed change is to increase the fines in Section 102-377 as currently the fine for operating without a BTR is $1,000 for first offense and $500 thereafter and does not appear to be a sufficient deterrent.  The proposed changes are in the attached draft ordinance and highlighted below.

· First offense within a 13-month period: punishable by a $1,000 civil fine, and the business shall be prohibited from operating until the required tax receipt is obtained.

 ·Second offense within a 13-month period: punishable by a $3,500 civil fine, and the business shall be prohibited from operating for a period of 10 days from the date of the second violation or until the required tax receipt is obtained, whichever is later.

·Third offense within a 13-month period: punishable by a $5,000 civil fine, and the business shall be prohibited from applying for a tax receipt for a period of 13-months from the date of the third violation.

·Any offense committed during a period in which the City establishes High Impact Measures, may result in the City Manager, or her designee, prohibiting the applicant from applying for a tax receipt for a period of 13-months from the date of the violation.

·Businesses issued a notice of violation and prohibited from operating, pursuant to subsections (a)(1) – (a)(4) herein, may request a prompt post-closure hearing, to be held before a special magistrate, by remitting a notice of appeal and request for hearing within 10 days of the issuance of the notice of violation.

The PSNQLC  recommended changes to the City Code to (1) specifically allow police, fire, code, and building department personnel to enter all public areas and spaces of commercial business establishments that are open to the public and (2) to progressively increase the fines for BTR code violations to deter negative behavior.