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HomeMy Public PortalAbout09-7924 GFM Operations Sponsored by: Commissioner R. Tydus RESOLUTION NO. 0 9-7 9 2 4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OPA-LOCKA, FLORIDA, DIRECTING AND AUTHORIZING THE CITY ATTORNEY TO INITIATE A LAWSUIT AGAINST GFM OPERATIONS, INC. FOR FAILURE TO COMPLY WITH CHAPTER 13, ARTICLE XI, SECTION 13-213, OF THE CITY CODE OF ORDINANCES AND FAILURE TO COMPLY WITH THE INTENT OF CITY RESOLUTIONS 06-6984 AND 08-7275 REQUIRING MONTHLY PAYMENT FOR PAST DUE BALANCES WITH INTEREST BEGINNING OCTOBER 1, 2006 AND JUNE 1, 2008 RESPECTIVELY WHEREAS, the City of Opa-locka Code of Ordinances Chapter 13, Article XI, Section 13-213 requires that the operator of the flea market obtain an occupational license; and WHEREAS, the annual license fee(s) for an owner or operator of a flea market or bazaar shall be one hundred and forty dollars ($140.00)per sales booth or facility permitted; and WHEREAS, the flea market operator is required to pay an additional twenty-five hundred dollars ($2,500.00) annually, for the flea market or bazaar administrative offices; and WHEREAS, in an effort to work cooperatively with the owner of GFM Operations, Inc., whose sole officer and director is Scott Miller, city staff have attempted to collect outstanding balances from GFM Operations, Inc. and negotiate with its owner, to no avail; and WHEREAS, due to tough economic times and the need for the City to collect outstanding revenues from all sources, the City Commission hereby directs the City Attorney to initiate a lawsuit against GFM Operations, Inc. for failure to comply with Chapter 13, Article XI, Section 13-213 of the City Charter and for failure to comply with the intent of City Resolutions 06-6984 and 08-7275 requiring monthly payments beginning October 1, 2006 and July 2008, respectively. Resolution No. 0 9—7 9 2 4 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby directs and authorizes the City Attorney to initiate a lawsuit against GFM Operations, Inc. for failure to comply with Chapter 13, Article XI, Section 13-213 of the City of Opa-locka Code of Ordinances and for failure to comply with the intent of City Resolutions 06-6984 and 08-7275, requiring payment for past due balances beginning October 1, 2006 and July 2008, respectively. PASSED AND ADOPTED this 2 3 day of SEPTEMBER, 2009. %1A ' L KELLEY A OR Attest: Approved as to form and legal sufficiency: •ebora► . Irby Burnadette Norrl eeks City C - k City Attorney Moved by: JOHNSON Seconded by: TYDUS Commission Vote: 4-1 Commissioner Holmes: NO Commissioner Johnson: YES Commissioner Tydus: YES Vice-Mayor Taylor: YES Mayor Kelley: YES Sponsored by: City Manager Resolution No. 06-6984 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN GFM OPERATIONS INC. AND THE CITY OF OPA-LOCKA, FLORIDA, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR PAYMENT OF OCCUPATIONAL LICENSE FEES OF FIVE THOUSAND SEVEN HUNDRED SIXTY THREE DOLLARS ($5,763.00) PER MONTH: BEGINNING OCTOBER 1, 2006 AND THE PAYMENT OF TWO THOUSAND TWO HUNDRED DOLLARS ($ 2,200.00) MONTHLY FOR DELINQUENT OCCUPATIONAL LICENCE FEES, WITH INTEREST AT SIX PERCENT (6%) ON THE UNPAID BALANCE, FOR A PERIOD OF FIVE YEARS, BEGINNING OCTOBER 1, 2006. WHEREAS, pursuant to Section 13-213 of the City of Opa-locka Code of Ordinance, the owners and for operator of a Flea Market is required to obtain an occupational license from the City; and WHEREAS, Section 13-213 provider that the annual license fee for an owner shall be one hundred forty dollars ($140.00) per sales both; and WHEREAS, GFM Operation Inc. d/b/a The Opa-locka Hialeah Flea Market has incurred delinquent occupational license fees and non-payment of current fees; and WHEREAS, The City and GFVI Operations Inc. are desirous of entering into an agreement for payment of current occupational license fees due and delinquent fees as %vill he stipulated in an agreement between the parties. Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission hereby approves and authorizes an agreement between GFM Operations Inc. and the City of Opa-locka, Florida, in a form acceptable to the A` Resolution No. ©6-6 9 8 4 City Attorney, for payment of current occupational license fees of live thousand seven hundred sixty-three dollars ($5,763.00) per month beginning October 1, 2006; and the payment of two thousand two hundred dollars ($2,200.00) monthly for delinquent occupational license lees, with interest at six percent (6%) on the unpaid balance, for a period of five (5) years. beginning October 1, 2006. PASSED AND ADOPTED ON this 1 1 day of OCTOBER , 2006 VICE MAYOR Approved as to form and legal sufficiency: Attest • • Alex CITY LERK CET ' A"J{.RNE /0/5/0(ta DATE Moved by: COMMISSIONER TYDUS Second by: VICE MAYOR PINDER Commission Vote: 3-1 Commissioner Tydus: NO Commissioner Holmes: YES Commissioner Johnson: YES Vice-Mayor Pinder: YES Mayor Kelley: NOT PRESENT CO Sponsored by: City Manager Resolution No. 08 - 7 2 7 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA, AMENDING THE AGREEMENT BETWEEN GFM OPERATIONS, INC., AND THE CITY OF OPA-LOCKA, FLORIDA, TO INCREASE THE MONTHLY PAYMENT FOR DELINQUENT OCCUPATIONAL LICENSE FEES TO $6,591.40, PER MONTH,INCLUDING AN INTEREST PAYMENT OF 6.0%, FOR A PERIOD OF 48 MONTHS BEGINNING JUNE 1, 2008 WHEREAS, the City Commission approved a resolution authorizing the City Manager to enter into an agreement with GFM Operations, Inc.; for payment of delinquent occupational license fees; and WHEREAS, the period of the agreement is five years; and WHEREAS, in order to pay the delinquent balance in full within this period, it is necessary to increase the payment on the delinquent balance; and WHEREAS, staff has recalculated the delinquent balance and recommends a monthly payment of$6,591.40 on the delinquent balance, in addition to the current year's occupational license payment for the period beginning June 1, 2008; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission hereby authorizes an amendment to the agreement between the City of Opa-locka, Florida and GFM Operations, Inc., to increase the payment for the delinquent occupational license fees to $6,591.40 per month beginning June 1, 2008. PASSED AND ADOPTED this 14 day of MAY , 2008 1AYOR Resolution No. 08 - 7 2 7 5 Attest to: Approved as to form and legal sufficiency: City Jerk Joseph'S.'C*11er Acting City Attorney DATE Moved by: COMMISSIONER TYDUS Seconded by: COMMISSIONER HOLMES Commission Vote: 5-0 Commissioner Tydus: YES Commissioner Holmes: YES Commissioner Miller: YES Vice-Mayor Johnson: YES Mayor Kelley: YES ARTICLE XI. FLEA MARKETS AND BAZAARS* Page 1 of 8 //Opa-locka, Florida/CODE OF ORDINANCES City of OPA-LOCKA, FLORIDA Codified through Ord. No. 08-26, adopted Nov. 12, 2008. (Supplement No. 49)/Chapter 13 LICENSES AND BUSINESS REGULATIONS*/ARTICLE XI. FLEA MARKETS AND BAZAARS* ARTICLE Xl. FLEA MARKETS AND BAZAARS* *Editor's note: Article XI, comprised of§§ 13-211--13-222, is derived from Ord. No. 84-14, § 1, passed and adopted June 10, 1984. Since this ordinance did not provide for the specific manner of inclusion of its provisions into the Code, it has been codified as Art. XI to Ch. 13 at the discretion of the editor. Cross references: License tax for owners and operators of flea markets and bazaars, § 13-19(h). Sec. 13-211. Permitted in retail sales zoning districts. Flea markets and bazaars are permitted in the City of Opa-locka within any zoning district permitting retail sales consisting of a minimum lot area of twenty-five (25) acres subject to compliance with all codes or ordinances of the city. (Ord. No. 84-14, § 1(1), 6-10-84; Ord. No. 00-1, § 1, 9-13-00) Sec. 13-212. Definitions. The following words and terms, when used in this article, shall have the following meanings, unless the context clearly indicates otherwise: Approved development plan is the development plan approved by the planning council and the city commission designating the number of flea market or bazaar sales booths or facilities permitted to be constructed by an owner or operator at a specific location. Flea market or bazaar is a marketing center where at a single location the owner or operator permits various persons, firms or corporations to use sales facilities such as booths, tables and small areas at designated locations within the premises for limited periods of time on a nonexclusive basis for the purpose of retail sale of all manner of goods and services to the public generally. Owner or operator. A flea market "owner or operator" is an individual, firm, corporation or other entity who is engaged in the operation of a flea market or bazaar. Owner's or operator's occupational license fee. Flea market "owner's or operator's occupational license fee" is the occupational license fee paid by the owners or operators of a flea market or bazaar in the city. Preliminary development plan is a drawing of the proposed layout or design of the flea market or bazaar facility at the designated location thereof complying with the requirements of this Code. Rules and regulations are conditions of sale by sellers established by the owners and operators of the flea market or bazaar as required by the Code of Ordinances of the city and shall govern all sales, barters or exchanges of goods, services or things of value on the premises. Sales booths or facilities are designated locations on the premises of the flea market or bazaar with no inference in size where a single flea market "seller" or "user" is permitted to sell, barter or exchange goods, services or other things of value. http://library2.municode.com/default/DocView/11375/1/83/94 1/14/2009 ARTICLE XI. FLEA MARKETS AND BAZAARS* Page 2 of 8 Seller or user. A flea market "seller" or "user" is a peddler who sells, barters or exchanges goods, services or things of value at a flea market or bazaar. Such seller or user may be an individual, firm or corporation. Se/ling area is that area of the flea market or bazaar with no inference in size prepared for, used or occupied by sellers within or without any building or structure on the premises. (Ord. No. 84-14, § 1(2), 6-10-84; Ord. No. 00-1, § 1, 9-13-00) Sec. 13-213. Occupational license required; fee(s). (a) The owner and/or operator of the flea market or bazaar shall, prior to commencement of operations, obtain from the city an occupational license and shall pay to the city an occupational license fee to be known as a flea market owner's or operator's license fee. (b) The annual license fee(s) for an owner or operator of a flea market or bazaar shall be one hundred and forty dollars ($140.00) per sales booth or facility permitted to be constructed by the approved development plan based upon the number of actual constructed sales booths or facilities occupied as of October 1 of said year, plus twenty-five hundred dollars ($2,500.00) annually, for the flea market or bazaar administrative offices. The said annual license fee(s) shall be known as the flea market owner's or operator's license fee(s). (c) In order to permit the city to retain sufficient personnel and facilities to provide the governmental services commensurate with the cost of regulatory activity required by Sections 13-211 through 13-222 for all flea markets or bazaars, a flea market or bazaar owner or operator shall pay to the city its annual license fee beginning October 1 of each fiscal year. Payment of the annual license fee may be made quarterly as follows: (1) One-quarter of the annual license fee as determined by the sales booths and facilities permitted to be constructed and operated under the approved development plan may be paid on or before October 1, of each license year. (2) Thereafter the annual license fee may be paid on a quarterly basis on the first day of January, April and July of the license year. (3) In the event the approved development plan is amended to increase or decrease the number of sales booths or facilities, the annual license fee shall be adjusted to reflect the corrected amount for the balance of the license year. The said adjusted sum shall be paid in the same manner for the remaining period of the license year. (4) The total amount due for the license year shall be paid in full no later than July 1 of each year. (d) Applicants for a flea market owner's or operator's license desiring to begin business after April 1 of any fiscal year shall pay to the city a fee of one-half of the annual fee. Upon payment of the fee for the succeeding fiscal year on or before October 1 the city shall give a credit to the flea market or bazaar owner or operator of a sum representing one-twelfth of the fee previously paid for each full month between April 1 and the date the flea market or bazaar owners or operators license was issued. Thereafter the flea market or bazaar owner or operator shall prior to October 1 of each fiscal year pay the license fee without further credit. (e) All applicants for a flea market or bazaar occupational license, prior to the issuance of the occupational license, shall comply with all requirements of Sections 13-211 through 13-222. (f) The flea market owner or operator shall provide the City of Opa-locka Department of Community Development and the Department of Finance with an updated sales booths or facilities plan of all sales booths or facilities occupied on October 1 of said year along with payment verified by the City of Opa- locka Building Official. The flea market owner's or operator's shall provide the City of Opa-locka http://library2.municode.com/default/DocView/11375/1/83/94 1/14/2009 ARTICLE XI. FLEA MARKETS AND BAZAARS* Page 3 of 8 Department of Community Development and Finance Department with an updated sales booths or facilities plan, occupied after October 1, on or before April 1 of the same licensing year and pay an additional one hundred forty dollars ($140.00) per sales booths or facilities verified by the City of Opa- locka Building Official, only if the total amount of sales booths or facilities occupied changes. (Ord. No. 84-14, § 1(3), 6-10-84; Ord. No. 85-4, § 1, 2-13-85; Ord. No. 86-16, § 1, 1-14-87; Ord. No. 00-1, § 1, 9-13-00) Editor's note: Ord. No. 00-1, adopted Sept. 13, 2000, provided for a new subsection (c) to be added to § 13-213. Since this section already contained a subsection (c), the editor has redesignated the new provisions as § 13-213(f). Sec. 13-214. Safety, sanitation and conditions of use. No owner or operator of any flea market shall permit any person, firm or corporation to use the facilities until there is obtained from the city a certificate of occupancy and compliance during the hours of operation with the following conditions: (a) Parking. Each flea market or bazaar shall provide one (1) parking space for each seller within the sales area or within an area designated for public parking set aside for use by sellers. In addition, the flea market or bazaar shall within its premises provide one parking space for every three hundred (300) square feet of allocated area designated on the final approved construction plan containing sales facilities. Public parking areas shall be clearly designated and spaces marked. Public parking areas shall be free of obstructions, hazards and shall comply with the provisions of the Code of Ordinances applicable to parking lots within the city. All public parking areas shall be located on the premises within the flea market or bazaar in such manner as to permit ingress and egress by the public from the sales area without requiring the public to cross moving lanes of vehicular traffic, in order that all access from public parking areas to the sales facilities shall be direct. Parking areas shall be paved. The base shall be no less than six (6) inches of compacted rock and the wearing course shall be no less than one inch of asphaltic concrete. All materials and construction methods shall conform to the specifications set forth in Sections 9-9 through 9-13, 19-3, 19-7, 19-20, 19-21, 19-23 and 19-25 of this Code. Parking areas shall be maintained in accordance with the applicable provisions of this Code. It shall be the responsibility of the owners and operators of the flea market or bazaar within the premises to provide regulation and control of pedestrian and vehicular traffic during the hours of operation. (b) Posting of guards and security personnel. The owners and operators of the flea market or bazaar shall, during the hours of operation, provide guards or other security personnel within the premises to regulate traffic, provide for crowd control, safety, maintenance of sanitation, emergency medical services and orderly parking. Only off-duty Opa-locka police officers may be utilized as exterior guards or security personnel in accordance with the rules and regulations of the police department of the city, the cost of which shall be paid by the owner/operator. (c) Regulation of traffic outside premises. The owners and operators of the flea market or bazaar shall retain and pay in accordance with the rules and regulations of the Opa-locka police department off-duty City of Opa-locka police officers in numbers designated by the chief of police to regulate and direct traffic entering and leaving the facilities on public roads and rights- of-way. An additional street traffic lane on the premises of the flea market or bazaar shall be constructed the length of frontage parallel and abutting any public street to permit vehicles to wait off of the existing street while entering or leaving the premises. Additional traffic lanes shall be constructed on the premises as may be necessary to prevent vehicles from blocking any public street while waiting to enter the flea market or bazaar. Construction and maintenance of traffic lanes shall be at the cost of the owners and operators. (d) Fire protection. The premises of the flea market or bazaar shall be maintained in accordance with the requirements of the fire codes of Dade County and the State of Florida. In http://library2.municode.com/default/DocView/11375/1/83/94 1/14/2009 ARTICLE XI. FLEA MARKETS AND BAZAARS* Page 4 of 8 addition thereto, all selling areas shall have and maintain without obstruction fire lanes of fifteen (15) feet or more width located therein, so that no selling booth or area shall be further than one hundred fifty (150) feet from a fire lane. Fire stations containing fire-fighting equipment shall be maintained in accordance with the fire codes of Metropolitan Dade County and the State of Florida. All employees of the flea market or bazaar shall have received instruction on the use and operation of the equipment during each ninety (90) days of operation. (e) Sanitation, first-aid station and food and drink facilities. The owners and operators of the flea market and bazaar shall construct in accordance with the applicable building codes and regulations of the city accessory buildings within the selling area providing: (1) Bathroom and sanitary facilities for use by the public generally and for no other use or purpose. Facilities shall be located no further than four hundred (400) feet from any portion of the selling area. The owner/operator shall provide bathroom facilities as required by the South Florida Building Code and the State of Florida Department of Education Rule 6A-2.69, "Stadium Construction." All facilities shall be maintained in a clean and sanitary manner at all times. (2) One (1) first-aid station containing facility, with a trained health service provider licensed as a paramedic and/or registered nurse, shall be maintained continuously at all times of operation. Also one (1) cot for each two hundred (200) selling spaces, medical supplies, desk, medical storage cabinet, wash basin, first-aid equipment and working telephone shall be provided. (3) Accessory building or buildings for dispensing food and drink and for no other purpose may be located on the premises. The food facility shall provide adequate means for disposition of trash and garbage which shall be shielded from view of the general public. There shall be a minimum area of twenty-five (25) square feet surrounding the food facilities on which there shall be provided benches and tables for use by the general public. Sales of food and drink shall be permitted from portable vendor carts which may circulate the premises. All garbage and trash shall be removed during the hours of operation. Food and drink facilities shall be maintained and made available for use by the general public at all times the flea market or bazaar is open for use. (f) Fencing. All sides of the flea market or bazaar premises shall be fenced. Fences shall be constructed of permanent materials so as to prevent ingress and egress except through gates and openings according to the approved development plan. All fences shall be six (6) feet in height. (g) Trash and garbage removal. All trash and garbage shall be removed from the premises on a daily basis. In no event shall trash and garbage be stored or permitted to accumulate on the premises for more than one (1) day. If the volume or accumulation of trash and garbage exceeds its designated storage area at any time it shall be removed immediately. (h) Landscaping. All flea market and bazaar property shall be landscaped in accordance with City of Opa-locka proposed landscape provisions, Article 7, approved by the planning council Resolution 463, July 6, 1983. All parking facilities and selling areas shall be landscaped. The owners and operators of the flea market or bazaar shall be responsible for providing maintenance of all landscaping. Landscaping shall be maintained in good condition so as to present in perpetuity a healthy, neat and orderly appearance. Landscaping shall be shown or described upon the preliminary development plan and shall be approved by the City of Opa- locka Department of Development as part of the preliminary development plan. The height and size of trees, shrubs and hedges shall be specified. The location of ground cover, grasses and ornamental plants shall be designated. All landscaped areas shall be planted with grass or an acceptable ground cover material. Water for landscape maintenance shall be readily available within one hundred (100) feet of all landscaped areas. All parking surfaces, access aisles and driveways shall be separated from any wall, building, structure or fence by a minimum of twenty (20) inches or more of area landscaped with grass, ground cover or other suitable material. A http://library2.municode.com/default/DocView/11375/1/83/94 1/14/2009 ARTICLE XI. FLEA MARKETS AND BAZAARS* Page 5 of 8 landscaped area that is five (5) feet in width shall border all peripheral parking areas when said parking is located along any street. The peripheral area shall be landscaped with trees no further apart than fifty (50) feet on center with a minimum of two (2) trees for the frontage area and a continuous hedge and planting area on all other peripheral areas. A landscaped area of at least five (5) feet in width shall be provided when parking is located along any side or rear lot line. Selling areas shall be separated from parking areas, roads and other structures by landscaped areas and trees no further apart than fifty (50)feet on center. All front setback areas shall be planted with a hedge along the entire length of the required landscape strip between the fence and street. (i) Drainage. All parking areas and selling areas shall be drained in such manner as to remove all standing water within six (6) hours. Drainage shall be provided in accordance with the requirements of the City of Opa-locka, Metropolitan Dade County and the South Florida Building Code. All drainage shall be shown on the preliminary development plan and approved by the Opa-locka Department of Development. (j) Alcoholic beverages and regulated substances. The sale, distribution, bartering or dispensing of any alcoholic beverage as defined by Section 561.01(4), Florida Statutes (1983) except beer as permitted herein for consumption on or off the premises of any flea market or bazaar is prohibited. It shall be a violation of this article for any person, firm or corporation to bring upon the premises of any flea market or bazaar any intoxicating beverage or intoxicating liquor as defined by Section 561.01(5), Florida Statutes (1983). The sale, distribution, bartering, delivering or dispensing of cannabis or any controlled substance as defined by Section 893.02, Florida Statutes (1983), at any flea market or bazaar authorized under this article is prohibited and it shall be a violation of this article for any person, firm or corporation to bring upon the premises or for the owners or operators of such flea market to permit such persons, firms or corporations to bring on such premises cannabis or a controlled substance without prescription as defined by Section 893.02, Florida Statutes (1983). Violations of this section shall subject owners and operators of flea markets or bazaars to immediate revocation or suspension of their license as set forth in Section 13-222 of this article. Beer may be sold and dispensed only in paper cups for consumption at or on the area of the accessory building dispensing food and drink as designated by the owners and operators. (Ord. No. 84-14, § 1(4), 6-10-84) Sec. 13-215. Approval of plans, layout and facilities. Before submission of construction plans and drawings, the owners and operators of any flea market or bazaar desiring to locate within the city shall submit a preliminary development plan to the City of Opa-locka Department of Development. The proposed development plan shall: (a) Describe the location and legal description of the lands proposed to be used. (b) Designate the current zoning of the lands and whether or not application will be made to the city for zoning change, waiver of plat, or variances of any nature from existing zoning regulations or Code requirements. (c) Set forth the plan by which the flea market or bazaar will meet the requirements of the Code of Ordinances for water, sewage, drainage, trash disposal and other requirements. (d) Provide a copy of the survey of the property, plat and proposed layout of the flea market or bazaar thereon. (e) Include in the site plan the location of access roads, entrances and exits, parking facilities, traffic lanes, fire lanes, and vehicular roads within the premises, sanitary facilities, food and drink facilities, first-aid stations, fences, other buildings and proposed uses thereof, lighting, http://library2.municode.com/default/DocView/11375/1/83/94 1/14/2009 ARTICLE XI. FLEA MARKETS AND BAZAARS* Page 6 of 8 landscaping and other improvements and requirements of the Code of Ordinances. (f) While it is an obligation of the owners and operators of the flea market or bazaar to construct the facilities in accordance with the ordinances of the City of Opa-locka and applicable zoning, building, sanitation and other regulatory codes, the appropriate department of the city shall provide, as a courtesy, information and suggestions relating to safety, sanitation and compliance with procedures applicable to the development and construction of the facilities. (g) In the event zoning changes, variances or plat waivers shall be requested in relation to the project, said requests shall be submitted to the proper board and approved by the city in accordance with the applicable ordinances prior to submission of construction plans and drawings. (Ord. No. 84-14, § 1(5), 6-10-84) Sec. 13-216. Development plan, conditions of approval, fees and costs. (a) The preliminary development plan shall be certified by a registered engineer of the State of Florida as meeting all laws, Code of Ordinances and requirements of all affected jurisdictions. The flea market developer, owner or operator shall pay to the city with the preliminary plan a filing fee of five hundred dollars ($500.00), together with an agreement to reimburse the city for fees and costs incurred by the city for use of the city planner, engineer, attorney and other contractual personnel and services together with all statutory fees and costs and expenses of publication, notices, duplication, etc. The cost of city classified and unclassified personnel shall be charged on an hourly basis in accordance with the current budget of the city. Additional fees shall be paid within ten (10) days after billing by the city and prior to issuance of any permits or licenses. (b) All flea markets and bazaars shall be permitted in accordance with an approved development plan in appropriate zoning districts at a specific location consisting of a minimum lot area of twenty-five (25) acres after recommendation of the planning council and approval of the city commission designating the total number of sales booths or facilities only after public hearing where it is demonstrated that the development plan shows as to the specific location that the project shall not cause: (1) Traffic congestion or hazards from entry and exit from the premises; (2) Sanitation hazards or flooding within the premises on surrounding property or streets; (3) Accumulation of trash or garbage; (4) Fire and other safety hazards; (5) Persons on the premises to be subject to riotous activity or danger to their person or safety. (c) The development plan may be amended from time to time subject to the same costs, fees and procedures which relate to the preliminary development plan as set forth in subsection (a) above. Additional sales booths or facilities may be approved by the City of Opa-locka department of Community Development provided that said increased sales booths or facilities shall not require construction of additional parking, water, sewer, drainage, trash disposal or other improvements necessary to comply with the requirements of subsection (b) above. Upon approval of the amended development plan the owners and operators of the flea market or bazaar shall pay the increased occupational license fees prior to utilization of said sales booths or facilities. In the event the flea market owner or operator desires to reduce the number of sales booths or facilities, said reduction shall entitle the owners or operators to a credit towards the occupational license fees due and payable for the succeeding fiscal year in an amount represented by the number of sales booths or facilities reduced. In no event may sales booths or facilities be used without compliance with the requirements of the Code of Ordinances, approval of the Opa-locka department of development and payment of the appropriate occupational license fee. Modifications or amendments to the development plan other than increasing of sales booths or facilities shall be submitted to the city commission of the City of Opa-locka for http://library2.municode.com/default/DocView/11375/1/83/94 1/14/2009 ARTICLE XI. FLEA MARKETS AND BAZAARS* Page 7 of 8 approval or rejection. (d) All flea markets or bazaars that exceed the number of four hundred (400) sales booths or facilities shall be exempt from section 13-213(c), but shall instead make monthly installment payments to the City of Opa-locka Department of Finance in the amount equal to one-twelfth of the total amount of cost for the occupational license fee for said year on the first Tuesday of every month. The balance on all accounts must be paid in full on the first Tuesday of September of the current occupational license year or the reissuance of any occupational license shall be denied. The reissuance of occupational licenses shall be given only after all accounts have been paid in full. All flea markets or bazaars whose number of sales booths or facilities do not exceed four hundred (400) must comply with section 13-213(c). (Ord. No. 84-14, § 1(6), 6-10-84; Ord. No. 85-8, § 1, 3-13-85; Ord. No. 00-1, § 1, 9-13-00) Sec. 13-217. Posting of performance bond. No certificate of occupancy or occupational license shall be issued by the city until the owners and operators of the flea market or bazaar post annually a performance bond as required by section 2-98 of this Code as follows: (a) Performance bond. The performance bond shall be conditioned upon maintenance of sanitation and conditions of use, payment of all occupational license fees to the city, return of buyer's monies, and performance of all requirements of this Code of Ordinances applicable to the operation and/or maintenance of the flea market or bazaar. The amount of the performance bond shall be ten (10) per cent of the total cost of the proposed improvements as certified by the owner/operator's architect or engineer. The performance bond shall be in addition to any other performance bond or security required to be provided by other applicable Codes of Ordinances including "waiver of plat" requirements. Failure to provide during the hours of operation, safety, sanitation and conditions of use shall be grounds for revocation of the occupational license as well as breach of the obligations and duties secured by the performance bond. (b) Reserved. (Ord. No. 84-14, § 1(7), 6-10-84; Ord. No. 03-25, §§ 2, 3, 10-8-03) Sec. 13-218. Promulgation and enforcement of rules and regulations. (a) Owners and operators of all flea markets and bazaars shall establish and publish rules and regulations governing conditions of sale by all sellers while on the premises of the flea market or bazaar. All sellers shall acknowledge receipt of the published rules and regulations and shall transact all sales, barters and exchanges subject thereto. Sellers shall acknowledge agreement to conduct all transactions in accordance therewith on the authorization "form" prior to selling. A copy of the rules and regulations shall be made available at all times to any buyer requesting same. (b) The rules and regulations shall be promulgated and filed with the chief of police of the City of Opa- locka prior to the sale, barter or exchange of any goods, services or things of value on the premises of the flea market or bazaar. The rules and regulations shall be posted on a bulletin board protected from weather deterioration on each building and accessory building. (c) The rules and regulations of each flea market or bazaar shall in addition include the following: (1) Prohibition of the sale of stolen property. (2) Requirement that each seller return the monies of any buyer whose goods, services or things of value are unfit for the purpose of which it was intended, violates any expressed or implied warranty or fails to perform according to any representation made in relation thereto. (Ord. No. 84-14, § 1(8), 6-10-84) http://library2.municode.com/default/DocView/11375/1/83/94 1/14/2009 ARTICLE XI. FLEA MARKETS,AND BAZAARS* Page 8 of 8 Sec. 13-219. Enforcement of article provisions; cease and desist order. The enforcement of this article shall be the responsibility of the code enforcement officer. The code enforcement officer shall at least once each week inspect the premises, obtain information and documents required by this article and certify in writing to the chief of police, city clerk, building official and other departments of the city having responsibility for ensuring compliance with this Code within the flea market or bazaar that the facilities and owners or operators are in compliance at all times with the terms and conditions of this article and all applicable codes of the city and other agencies having jurisdiction thereof. In the event the owner and operator of the flea market or bazaar fails to comply with the provisions of this Code, including, but not limited to, payment and collection of occupational licenses, safety and sanitation requirements, the code enforcement officer shall issue a cease and desist order pursuant to Section 2-88 of this Code of Ordinances. (Ord. No. 84-14, § 1(9), 6-10-84) Sec. 13-220. Building permit. No building, structure, improvement, site, booth, bench or other facilities shall be erected, altered, added to, destroyed or moved, nor shall any work be performed for the development and construction of a flea market site until a construction permit shall have been applied for and issued by the building official of the city. It shall be the duty of the building official to inspect the site and facilities during the course of construction, alteration or improvement. The building official is hereby authorized and directed to withhold the issuance of a certificate of occupancy upon noncompliance with the provisions of the building code. (Ord. No. 84-14, § 1(10), 6-10-84) Sec. 13-221. Flea market owner's and operator's obligations. It shall be the obligation and duty of the owners and/or operators of all flea markets and bazaars within the City of Opa-locka to: (a) Operate and manage the flea market or bazaar in such manner as to maintain safety, traffic control, and to prohibit hooliganism, riotous activity or assaults and battery upon visitors, business invitees, buyers or sellers during the hours of operation, and to employ and maintain a sufficient number of guards on the premises for such purposes. (b) Require all employees to obtain and display identification cards prior to working on the premises during the hours of operation pursuant to Sections 15-57 through 15-62 of this Code of Ordinances. (Ord. No. 84-14, § 1(11), 6-10-84) Sec. 13-222. Revocation of occupational licenses. Failure of the owner/operator of a flea market to comply with the requirements of this Code of Ordinances or to establish and maintain during the hours of operation the safety, sanitation and conditions of use required by this Code shall constitute grounds for revocation or nonissuance of the occupational license, pursuant to Sections 13-32 through 13-36. (Ord. No. 84-14, § 1(12), 6-10-84) http://library2.municode.com/default/DocView/11375/1/83/94 1/14/2009