§ 2-119.2. Creation and operation authorized; limitation on transfers.

(a)

The County Manager is hereby authorized and empowered to create one branch office of the Miami-Dade County Auto Tag Agency for each seventy-five thousand (75,000) population, according to the last official federal census, at such location as he may determine is necessary to properly serve the needs, convenience and interest of the public; however, new branch offices will be phased in ratably during the ten-year periods between each census. Only members of the eligibility pool may be appointed to operate all branch offices in existence as of the effective date of this article or created pursuant to the provisions of this article.

(b)

There shall be no branch office created except as provided in subsection (a) of this section, unless the County Manager, upon finding that a special need exists within a specified geographical area of the County, recommends to the Board that a branch office of the Miami-Dade County Auto Tag Agency operate within said area and the Board, by separate resolution, authorizes the creation of such branch office. Said branch office shall be in addition to those authorized in subsection (a) of this section.

(c)

Authorization to operate a branch office shall be conditioned upon the faithful compliance by the operator with all rules, regulations, laws and public needs as determined by the manager. Whenever the County Manager has determined that an operator has not faithfully complied with all rules, regulations, laws and the provisions of this article, he may revoke, suspend or otherwise condition his authorization to continue operation subject to the provisions of this article.

(d)

Except for those operators who, prior to April 6, 1982, were authorized to operate more than one branch auto tag agency, no operator shall own, in whole or in part, operate, or control more than one branch auto tag agency. Members of the immediate family of a non-corporate operator, as defined in subsection (f) of this section, shall be limited to owning no more than two (2) branch agencies.

(e)

The rights and privileges granted any operator or qualified employee under the provisions of this article are personal in nature and cannot be sold, transferred or assigned, except as provided for in Section 2-120.1, or subsection (f) of this section. In the event of any voluntary or involuntary dissolution of a corporate operator, the authorization shall be deemed revoked. For purposes of this subsection, a change of voting control within a corporation shall be treated as a transfer for purposes of Section 2-120(c).

(f)

When an existing branch office ceases operation for any reason, including but not limited to the death of a non-corporate operator, a sustained revocation or voluntary cessation, such office shall not be transferred, sold or otherwise replaced unless replacement is specifically authorized by the County Manager in accordance with the provisions of this article. Any transfer of authorization allowed hereunder shall be only to qualified operators on the eligibility list established pursuant to this article. Any such transfer shall be in accordance with the provisions of this article:

(1)

Transfer of authorization in event of death of non-corporate operator. A non-corporate operator may transfer by testamentary disposition the existing authorization to operate an existing office to a family member or authorized co-operator who is qualified or qualifies as an applicant pursuant to Section 2-120 within six (6) months from the time of death of the operator, unless an extension, not to exceed six (6) months, is authorized by the Tax Collector for good cause shown, and whose name has been submitted for inclusion on a succession list maintained by the Tax Collector. A family member is defined as a spouse, child, son/daughter-in-law, parent, grandparent, brother, sister, or upon proof, any person whose ties customarily would be considered immediate family. In the absence of testamentary disposition, the branch office may be sold by the estate of the operator to an applicant in the authorized eligibility pool established by the county in accordance with the provisions of Section 2-120. Such sale must take place within one (1) year from the date of the operator's death, unless an extension, not to exceed six (6) months, is authorized by the Tax Collector for good cause shown. Prior to any sale or transfer hereunder, the administrator of the operator's estate shall be responsible for all moneys, decal paper stock, license tags, computer equipment and all accountable forms and items belonging to the State of Florida and Miami-Dade County. If there is no sale within the time limitation set forth herein, the authorization to operate the branch office shall be deemed revoked.

(2)

Transfer of authorization in event of bankruptcy of a corporate operator. Upon the filing of a petition for bankruptcy by an operator, no transaction affecting ownership or operation of the branch office shall occur without notice to and the consent of the County Manager and in accordance with the provisions of this article.

(Ord. No. 94-135, § 2, 6-21-94; Ord. No. 01-25, § 1, 2-13-01)