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ORDINANCE NO. 2014- 4 33 <br /> AN ORDINANCE OF THE CITY COMMISSION OF THE CITY <br /> OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER <br /> 121 OF THE CODE OF ORDINANCES PERTAINING TO <br /> CERTIFICATES OF USE; PROVIDING FOR ADDITIONAL <br /> GROUNDS FOR DENIAL; PROVIDING FOR SEVERABILITY; <br /> PROVIDING FOR INCLUSION IN THE CODE; PROVIDING <br /> FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. <br /> WHEREAS, the City of Sunny Isles Beach ("City") reviews every business application <br /> and during certain occasions the activities may propose a threat to the public health, welfare or <br /> safety of its resident and business community; and <br /> WHEREAS, Chapter 121 of the Code of Ordinances of the City provides for rules and <br /> regulations concerning certificates of use and contains specific grounds for denial; and <br /> WHEREAS, the City desires to amend Chapter 121 of the City Code to include grounds <br /> for denial of a certificate of use if a business activity is considered a threat to the public health, <br /> welfare or safety of the City. <br /> NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br /> CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified <br /> and confirmed as being true and correct and are hereby made a specific part by this Ordinance <br /> upon adoption hereof. <br /> Section 2. Amendment. Chapter 121 of the City Code is amended to read as follows: <br /> § 121-8. Grounds for denial. <br /> A. The City Manager and his/her designee, as appropriate, shall have the authority to deny <br /> an application for a certificate of use on the following grounds: <br /> (11) The applicant's proposed business activity or portion thereof consists of conduct <br /> that is an actual threat to the public health, welfare or safety. <br /> Section 3. Severability. The provisions of this Ordinance are declared to be severable and if <br /> any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid <br /> or unconstitutional, such decision shall not affect the validity of the remaining sections, <br /> sentences, clause, and phrases of this Ordinance but they shall remain in effect, it being the <br /> legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. <br /> Words added underlined,words stricken deleted(ed) Page I oft <br />