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HomeMy WebLinkAboutM-02-0425CITY OF MIAMI, FLORIDA INTER-OFFICE MEMORANDUM Honorable Mayor and Members of the City Commission FROM: ez City Manager RECOMMENDATION DATE r-,pi ; - i sua~ECT peddlers and Itinerant Vendors REFERENCES: ENCLOSURES: riL It is respectfully requested that the City Commission approve the attached Ordinance amending Chapter 2, Article X, Chapter 39/Article II, Chapter 54, Article, Chapter 39/Article II and Chapter 54, Article I of the Code of the City of Miami, Florida, as amended, respectively entitled "Code Enforcement," "Streets and Sidewalks - in General" and "Sidewalk and Street Vendors," to establish and modify the general permitting requirements for sidewalk vendors; to establish a permit application review fee and to enhance the enforcement mechanisms for violation thereof. BACKGROIJNI3 At the request of the residents of the City of Miami, this ordinance has been prepared amending Section 2-829, creating Divisions 1 and 2, amending, adding, repealing and renumbering, reorganizing or replacing Sections 39-26 thmwgh 39-f 5 and' amending Section 54-3 of said code. The Administration -and City Attorney's Office reviewed the present ordinance and compared it to the City of Miami Beach, Hialeah, North Miami and Seattle, Washington. In addition, the Neighborhood Enhancement Team Offices obtained input from concerned persons as well as from the Departments of Planning and Zoning, Public Works; Police, Finance on the problems regarding vending on the public right-of way (PROW). This Ordinance will not prohibit vending on the PROW, but will positively enhance the City's quality of life by addressing street order and maintenance issues. The City of Miami will benefit from passage of this Ordinance as it will distinguish the illegal activity of for-profit vendors and it will clarify the City's enforcement procedures ~J']'"IL" ~;s1 ,~ ~ v Z, Ly oL ~~~ y~~~I o> ~~~ ~~~ ~RW~ ECG 02-~ 425 C I T Y O F M I A M I ~ • I~BC,MBORHOOD BiFiANCBuffM TEAM NORTH/EAST COCONUT GROVE PEDDLERS AND ITINERANT VENDORS REVIEW OF PEDDLERS AND ITINERANT VENDORS ORDINANCES AND CASES FROM THE CITIES OF MIANII BEACH. CORAL GABLES. HIALEAH AND NORTH MIAMI, FLORIDA AND SEATTLE. WASHINGTON The intent of this reseazch was to compaze practices from other cities in an attempt to amend the City of Miami vendor's regulations, which at this time aze very general in nature. 1. NIIAMI, FLORIDA -REQUIREMENTS LICENSE: As per Section 39, a license issued by the Department of Finance is required. This license is not applicable within certain azeas of the City designated by the City Manager during specific time periods, which aze designated for authorized special events. The application includes: the name of the operator, home and business address of the applicant; the name and address of the owner of the vending business; a picture of the stand or motor vehicle to be used in the operation and the description of the merchandise. Vending is prohibited as follows: • Within the special vending districts, restaurants/azcade vending zones. • From a public parking lot. • In a metered/unmetered parking space. • In a loading zone. • Within 500 feet of any property used for school purposed on school days. • On any combination sidewalk and curb less than 6' in width. • Within 5' of the entranceway to any building. • Within 100' of any driveway entrance to a Police or Fire Station. • Within 20' of any driveway. • Within 20' of a bus stop zone. • Within 5' of the pedestrian crosswalk at any intersection or a designated pedestrian crossing point. • Within 20' of a sidewalk cafe permitted pursuant to Chapter 54 of the City Code. At the present time, there aze designated "special vending districts" (Downtown, Coconut Grove and Civic Center. No advertising is allowed except to identify the name of the product (posting of prices is permitted on or attached to the stand or motor vehicle). The City Code does not prohibit the use of umbrellas bearing logos of the products, which are sold at the stand. ~~ oF,y ~`' ''~ CITY OF MIAMI NORTH/EAST COCONUT GROVE NET SERVICE CENTER ~.~.. ~~ ,~ ~ 2820 Mcfarlane Road/Miami, FL 33133/(305) 579-6018/FAX: (305) 57920 O ~7 ~, ,/ c' ~G `it ~G ro. W~P PEDDLERS AND TTINERANT VENDO..~ Page 2 of 3 2. MIAMI BEACH. FLORIDA ~-: On July 18, 2001 (see attached), the City of Miami Beach Planning Department recommended that an Ordinance be drafted to address the residents/merchants testimony on the problems with unregulated performances and vending in their area. Ordinance No. 2001-3313 distinguishes the illegal activity offor-profit street vendors from that of street performers and protected art vendors and clarifies the City's enforcement procedures. The Ordinance regulates the time, manner and place where street performances and protected vending is permitted. The locations and times identified in the Ordinance reflect the community's desire to balance traditional business needs with the constitutionally supported rights of the artistic street performers and vendors. 3. CORAL GABLES. FLORIDA No vending on the public right-of--way is allowed. 4. HIALEAH, FLORIDA No vending on the public right-of--way is allowed as per Section 82-33 states in part: "...No person shall be allowed to obstruct any portion of any sidewalk or street in the city for the purpose of selling, vending, showing or disposing of wazes or merchandise." 5. NORTH MIAMI, FLORIDA LICENSE: Prior to the. issuance of a license, the City Clerk shall forwazd the application to the Police Department, which shall provide a background investigation for each applicant and shall report the results of such investigation to the City Manager. The results of the investigation together with the City Manager's recommendation shall be provided to the council whose approval shall be required prior to the issuance of a license. Where there has been a complaint filed concerning any peddler during the license yeaz, Council's approval shall also be required prior to the renewal of the license. No peddler shall have exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall he/she be permitted to operate in any congested azea where his operations might impede or inconvenience the public. The judgment of a Police Officer, exercised in good faith, is deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. Furthermore, Section 11-146.1 states: "(a) Findings and purpose. The city council finds that the practice of selling goods...creates traffic hazazds and delays. Such activity typically occurs at busy intersections and may involve hazards and delays at any location along a street. The purpose of this section is to eliminate that source of hazard and delay..." 02- 425 PEDDLERS AND ITINERANT VENDOxS Page 3 of 3 I .3, r ~ .. ~ v 6. SEATTLE. WASffiNGTON LICENSE: Asper Section 15.17.100 -Food and Flower Vending by cart from a Site: "...The vendor must present to the City written approval for the vending by the adjoining property owner and/or tenant; if the tenant and the property owner disagree, the property owner's decision controls. An authorizing official may issue a permit to authorize the use of a public place for the sale of food, flowers, and nonalcoholic beverages from a cart, stationed at an authorized site. Vending may not occur in asingle-family or residential low-rise zone. No vending of flowers may occur within 200' of an established florist without the written consent of the florist. The vendor must satisfy such other criteria and requirements as the authorizing official may establish from time to time by rule in the public interest. (See attached) 02- 425 .. ~~ " ORDINANCE NO.: 2001-3313 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, AUTHORIZING STREET PERFORMERS AND ART VENDORS IN PUBLIC AREAS FOLLOWING RECEIPT OF A PERNIIT, SUBJECT TO CERTAIN CONDITIONS AND A PERMIT FEE; PROVIDING DEFINITIONS, SETTING FORTH TERMS, CONDITIONS AND REGULATIONS FOR PERMITS ISSUED TO STREET PERFORMERS AND ART VENDORS; PROVIDING FOR ENFORCEMENT, SUSPENSION OR REVOCATION; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIANII BEACH, FLORIDA; REPEALER; SEVERABII,ITY; AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Miami Beach has determined that artistic street performances and limited street vending of art enhance the character of the City and enliven public spaces; and WIiEREAS, the City Commission seeks to encourage such performances and vending to the extent that they do not interfere with the reasonable expectations of residents to the enjoyment of peace and quiet in their homes, the ability of businesses to conduct their business and serve their patrons uninterrupted, and the public's use of the City's rights-of--way; and WHEREAS, the City Commission has determined that its authorization of street performances and street vending of art, with reasonable time, place and manner restrictions, would be consistent with the constitutional requirements of the First Amendment if this artistic expression is deemed protected under the First Amendment, and accordingly limits its authorization for street performances and street vending to .artists and other similaz persons engaged in such activity; and WHEREAS, the City Commission has determined that to ensure compatibility of street performances and street vending with the often high volumes of pedestrian traffic and other activity U2- 42~ s. . ti on the sidewalks and rights-of--way in the City, it is appropriate to designate specific locaticns at which such activities should occur; and WHEREAS, the City has determined that performers and vendors, who are soliciting or obtaining contributions or payment for their performances or sales, are subject to greater risk after sundown of attack due to the cash or wazes they aze carrying, and it increases the risk to the general public, and to law enforcement and code compliance personnel whose job it is to enforce and protect the activities of street performers and art vendors, and whereas the azeas to be designated for street performer and art vendor permits are heavily congested and poorly lighted, creating visibility problems for the performers, vendors and pedestrians, therefore, the City Commission restricts the allowable hours for street performers and art vending to daylight hours, as specified herein. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF ML~MI BEACH, FLORIDA: SECTION 1. CREATION OF CHAPTER 18. ARTICLE XV. ENTITLED "STREET PERFORMERS AND ART VENDORS." That an Article XV is hereby created, entitled "Street Performers and Art Vendors" and added to Chapter 18, Businesses, as follows: Sections 18-872 - 18-899. Reserved. Article XV. Street Performers and Art Vendors. 18-900. Definitions. 18-901. Permit Required. 18-902. Permit Application. 18-903. Areas Reserved for Street Performances and Art Vendine. 2 02- ~'~5 ~:` 18-904. Permit Rules and Re uirements. 18-905. Hours of Operation 18-906. Penalties Sus ension/Revocation of Permit. 18-900. Definitions "Street Performance" or "Street Performances" include the followin activities: actin singing, plavin~ musical instruments pantomime iu~eling magic dancine uppetrv and creator items for sale under Street Vendin as hereinafter defined on ublic roe "Street Vending of Art " or "Art vending" or "street vending" as used herein includes the display, creation and/or sale on public property of art by a permittee Street vendine of art shall be limited to art created by the permittee "Penmittee"means a person who has obtained a permit pursuant to this Article "Art" means painting photoe*~phv sculpting sketchin and crafts Other mediums of artistic expression orgy also be permitted upon request to the Citv Manager or his designee and upon the Manager's or designee's determination that such other mediums aze established in and recognized by the artistic community including professional institutions such as museums and art allenes "Art" as herein defined shall not be construed to emit the di la or sale of clothin . 18-901. Permit Required It shall be unlawful for an rson to en a e in an street erformance or art vendin on public property from a fixed location or for the puroose of soliciting donations or contnbutions without first obtainin a enmit as re uired b this Article. This ordinance does not alter or interfere or peddling, including sections 70-4 70-41 74 1 82 1 142 894(al and 142 1361 "" ~ `~ ~~ 18-902. Permit Application. Applications for a street performer or art vendor permit shall be made at the Citv of Miami Beach Occupational Licensing Office. and subiect to the review and approval of that office or such other office designated by the Citv Manager for such purposes Only those applications on City of Miami Beach forms will be accepted If the application form is complete and consistent with this ordinance, the applicant agrees to abide by the terms of this Ordinance and the application fee is raid. the application will be approved. unless the applicant's license has Qreviously been revoked or suspended, and the applicant has evidenced a failure to conform to the rules and requirements herein. (11 The permit application shall require the foilowinc information• (a) The name, address, teleQhone number (if available) and two current photographs of the performer or vendor. Any changes in the fore oing information occurring after the issuance of the permit must be reported to the Occupational License Office within 30 da s after such chance. The administration shall maintain one photograph on file andprovide one photograph to code compliance for enforcement purposes to be maintained in a book of performers/vendors (b) A description of theperformance or art• (c) A declaration under penalty of perjury that the art for which the applicant seeks a permit to sell is of his or her own creation. and that the ap,~licant neither employs other persons to produce, nor is employed 1~ another person to produce the art item for which he seeks certification. In consideration of the application the Occupational License Office or other office or committee that the City Manager designates shall examine representative samples of the anplicant's work for the purposes of verifying the information set forth in the application After such ~`~~ ~2~ t e. examination, and for the^pumoses of further investigation, the Occupational License Office or other designated office or committee, may designate one or more of its members to visit the studio or workshop of the applicant to view the applicant's facilities and to further verify that the art for which the applicant submits certification is of his or her own creation Onlv art for which a declaration is made and/or certification submitted ma be sold in con'unction with an issued ermit. Ld_~ For a street vendor license proof of a state sales tax number for sales of art if applicable. LeL A certification by the performer or vendor that he or she has read understands and agrees to abide by the requirements of this Article LtZ_ A hold harmless statement releasing the City its employees and representatives from all claims or actions arisine from the street performance or street vending activities on public property ~2L-The Citv may charee an application processine fee in the amount set from time to time by the Citv Commission by resolution 3 Each member of a group of performers who perform or vendors who vend together shall be required to obtain an individual permit Each member of a group of vendors vending together must have participated in the creation of the article to be sold No roup~erformances or vending shall be allowed unless specifically authorized by permit (4) The application shall be submitted to the City Occupational Licensing Office at least one week prior to the permit period (51 Permits aze non-transferable ~2- X25 j' ~ - ;. (6) The permit shall be effective for one veaz from the date of its issuance An application for renewal of the permit may be mad prior to upon or following expiration upon the same forms and for the same fee as for on in,~al .applications. (7) The permit applications shall be subiect to review and approval prior to permit issuance by the Miami Beach Police Department. Code Compliance Department and Public Works Department, in accordance with their enforcement and/or administrative responsibilities 18-903. Areas Reserved For Street Performances and Art Vendin (1) Street performances and art vending shall only be conducted in designated areas The performance and vending azeas shall be assigned for up to each three month period based on availability. Assignments will be made by the Occupational Licensing Office on the first Mondav morning of each quarter (January_April Julv and October) from 10.00 a m to 12.00 p m (2) If the number of requests for street performance and vending licenses exceeds the number of available locations available, the available locations will be assigned for up to the three- month period, by a lottery run by the Occupational Licensing Office or other office deli an ted by the Ci Manager. (3) If the area reserved for a street performance or art vending is needed for a special event. municipal repairs, or other City business. or is otherwise in the best interest of the public the City may temporarily or permanently relocate the permittee to a different azea or areas or temporarily suspend (if no alternative is available) the street performance or vendin activity. (41 The performance or vending, area shall not exceed 25 squaze feet of space (51 A maximum of one vendor and/or performer shall be permitted at anv one designated location. Up to three performers if performing as a group may be Qermitted at a location 02- 4.25 -The followine locations shall be available for street performances or street vending •• only as assiened pursuant to a Hermit or official lottery pursuant to this Section except as otherwise regulated in this Article• _~al In front of 421 Lincoln Road from the centerline of Lincoln Road extending north and south 10 feet excludin landsca ed areas or water features centered 10 feet east of the light pole: (b) In front of the Lincoln Theater from the centerline of Lincoln Road extendin north 20 feet bordered on the west b the li ht ole west of the entrance to 541 Lincoln Road and on the east by the planter in front of the entrance to 541 Lincoln Road _ (cl In front of 600 Lincoln Road extending 10 feet north and south of the centerline of Lincoln Road bordered on the east b the ri ht-of-wa line of Penns lvania Avenue and on the west by the landscaped area 25 feet from the curb- (d) In front of 1008 Lincoln Road under the shade structures extendin 20 feet north of the centerline of Lincoln Road• (el In front of 1035 Lincoln Road under the shade structures extendin 20 feet north of the centerline of Lincoln Road• (fl The east side of Ocean Drive and Sixth Street. 25 feet from the curb on the ocean access sidewalk- (e) The east side of Ocean Drive and Eighth Street 25 feet from the curb on the ocean access sidewalk- and (h) The east side of Ocean Drive and Twelfth Street 25 feet from the curb on the ocean access sidewalk _ ~ 02-- 425 ~_. 18-904. Permit Rules and Requirements Street performance and art vendins shall be conducted in accordance with the followi ~ rules and requirements: (11 Throushout the period of time a permittee is located on public property encased in performances or vendins under this Article the permittee shall maintain the area free of trash and debris, includins within a radius of fifteen (15) feet of the permitted area and deposit trash and debris in proper receptacles. (2) Street performance and art vending permits shall be displayed at the performance or vendins azea at all times. Permittees must have in their possession while engaged in,performances or vendins, photo identification cazds in their name (3) No performer. performance or vendor may create noise that violates the Miami-Dade County or Miami Beach noise ordinances The volume of sound a performer or vendor creates shall be_controlled so that it is not unreasonably loud raucous jarring or a nuisance to persons within the area of audibility. (4) A performer or vendor may not create an undue interference with thepassa a of the public throush a public area. If a performer or vendor attracts a crowd sufficient to obstruct the public way, a police officer may disperse the crowd that is creating the obstruction The police officer may ask the performer or vendor to temporarily suspend a performance or vendin ag ctivity or leave the location when that action is necessary to protect the public safety or public order (51 A performer or vendor may request contributions donations money or property at a performance, as appropriate to the activity Performers or vendors may offer for sale their own art provided that the display of the art is contained within the performance or vending azea ~, °- ~; `~ j'' (6) No performer or vendor shall create a fire hazard or use fire in a performance a L71 No performer or vendor shall encase in the application of tatoos or body piercing ~8) No performer or vendor may include obsceni in a performance or vending activity f9) No performer or vendor shall encase in physical or verbal hazassment or coercion 10 No spray paintins or sidewalk art shall be permitted unless specif ca11v authorized by permit. at specified locations and conditions (11) No maziiuana pipes or other dru~paraphanalia shall be displayed or sold ~2) No food or drink whether made by a permit holder or otherwise shall be permitted to be displayed or offered for sale or sold through the street performer or street vendor permit 13) Items available for sale throush art vending must be displayed on a table with no more than 15 square feet of surface azea Alternatively uniform display tables or carts of a specific desiQm, may be reouired by the Citv Manaser or the Manager's designee consistent with the desisn or historic preservation euidelines applicable to the location of the street vendin permitted No items available for sale ma be laid on the floor ound sidewalk ound level or raised landsca azea, step, or other fixed public improvement No lounge chairs may be used (14) No performer vendor table or cart shall be permitted to block any public risht of way or entrances to buildinss or other place of public accommodation 1( 51 A permit holder shall not ensa~e in fraudulent practices or solicitations including but not limited to misrepresentation about any sale or solicitation misrepresentation about the nature and type of any or¢anization with which the permit holder is associated or misrepresentation or concealment of any material fact in the application process ~~- 425 (161 A performer or vendor may not connect to electric outlets or Bower sources owned by the City, and must provide their own power sources if any aze required 18-905.~Hours of Operation. Street performances and art vending are permitted during daYli,~ht hours only and under no circumstances eazlier than 8:00 a.m. except that street performances and art vending are permitted during the additional hours of 6:00 p m to midnight Friday Saturday and Sunday on alI Lincoln Road locations designated in section 18-903. All tables carts displays signs and inventory used shall be removed no later than 30 minutes after sunset 18-906. Penalties. Suspension/Revocation of Permit. (11 Engaging in street performances or art vending without a permit in violation of section 18-901 herein. or failure to comply with a cease and desist order under this section are prohibited and subiect to the penalties set forth in section 1-14 of the Citv Code of Miami Beach (21 Violations of the application requirements or the regulations applicable to street performances or vending as provided in sections 18-902 through 18-905 herein shall be subject to the following penalties• Upon the first violation the City Manager or the Manager's desi elan a may issue a warning, or cease and desist order to the permittee and the permittee shall immediately correct the violation. Upon the second violation by the same permittee the City Manager or the Manager's designee may issue a further cease and desist order modify the permit. or suspend the permit. Upon the third violation by the same permittee the City Manager or the Manager's desi ng_ee may issue a cease and desist order. further modify suspend or revoke the permit A permittee whose permit has been revoked ma not apply for a new permit for oneyear or such other period as the City Manager or the Manager's designee in their discretion deems appropriate 10 ~~- ~~~ ,~~ . (3) Following suspension or revocation of a Hermit upon written re uest of the etmrt ,a. holder. the Ci Manager or the Manager's designee shall hold a hearing within ten days after recent of such request. at which time the Manager or designee will hear the facts constituting the basis for the modification sus ension or revocation hear the statements for or a ainst such action b interested persons and then make a decision affirming modifvin~ or reversing the action to be taken with respect to the permit. Such decision may be announced orally at the hearing or in writing within ten days after the hearing. Appeals from a decision of the City Manager or the Manager's desi ee shall be to the A llate Division of the Circuit Court in accordance with the Rules of Appellate Procedure SECTION 2. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERAgILITY. If any section, subsection, clause orprovision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH FLORIDA. It is intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section" or other appropriate word. 11 ~2- X25 j:~ SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this 18th day of July 2001. ATTEST: ' ~~ MAYOR CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Ci Attorney Date F:WTfO\HELG\Ordinances\StreetPerVenISTPERFORORD.rev.wpd -July 18, 2001 12 p~- 42 CITY OF MIAMI BEACH NOTICE OF PUBLIC f-IEARINGS ~ ~ . - NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday,•Juty 18, 2001, at the times listed below, to consider the adoption of the following ordinances: at 11:15 a.m.; AN ORDINANCE AMENDING CHAPTER 82 OF THE MIAMI BEACH CITY CODE ENTITLED `PUBLIC PROPERTY" BY AMENDING SECTION 82-412 THEREOF ENTITLED `POSTING OF SIGNS ON UTILITY COMPANY PROPERTY OR PUBLIC PROPERTY PROHIBITED; ENFORCEMENT; FINES; APPEAL"; BY AMENDING SUBSECTION (A) THEREOF TO CLARIFY THAT THEOWNERS AND/OR BENEFACTORS OF PROHIBITED SIGNS SHALL BE SUBJECT TO THE ENFORCEMENT PROCEDURES OF SAID SECTION; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILRY, AND AN EFFECTIVE DATE. Inquiries may be directed to the Legal Department at (305) 673-7~0. at 11:30 a.m.: O ORDINANCE AUTHORIZING STREET PERFORMERS AND ART VENDORS ~ IN PUBLIC AREAS LLOWING RECEIPT OF A PERMIT, SUBJECT TO CERTAIN CONDITIONS AND A PERMIT FEE; PROVIDING DEFlNITIONS, SETTING FORTH TERMS, CONDI110NS AND REGULATIONS FOR PERMITS ISSUED TO STREET PERFORMERS AND ART VENDORS; PROVIDING FOR ENFORCEMENT, SUSPENSION OR REVOCATION; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALER, SEVERABILITY AND AN.EFFECTNE DATE. fnquires may be directed to the City Manager's Office at (305) 673-7010 at 5:01 p.m.: • AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE.CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, "OFF-STREET PARKING; SECTION 130-69.5, "ADDITIONAL REQUIREMENTS; TO CLARIFY THE REQUIREMENTS FOR PARKING GARAGES OR LOTS DESIRING TO OPERATE PAST MIDNIGHT; AMENDING CHAPTER •118, ARTICLE IV,' "CONDITIONAL USE PROCEDURE; SECTION 118-194, "COMPLIANCE Wfrli CONDITIONS; AND ARTICLE VIII, `PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS," SECTION 118-356, 'REVOCATION OR MODIFICATION OF VARIANCE," TO AMEND THE PROCEDURES APPLICABLE TO PLANNING BOARD AND BOARD OF ADJUSTMENT REVOCATION OR MODIFICATION OF CONDITIONAL USE APPROVALS OR VARIANCES WHERE THE APPLICANT EXHIBITS REPEATED OA INTERMITTENT NONCOMPLIANCE WITH THE CONDITIONS OF SCiCH APPROVALS; AMENDING CHAPTER 118, ARTICLE X, HISTORIC PRESERVATION, SECTION 118-503, "SCOPE AND EXEMPTIONS; AND SECTION 1.18.561, "GENERAL REQUIREMENTS; TO CLARIFY THAT CERTIFICATES OF APPROPRIATENESS ARE REQUIRED PRIOR TO ANY TEMPORARY OR PERMANENT MODIFlCATION TO A BUILDING OR SITE; PROVIDfNG FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALER, SEVERABIUTY, AND AN EFFECTNE DATE. - . Inquiries may be directed to the Legal Department at (305) 6Z3-7470. .ALL INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, cJo the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach. Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerks Office, 1700 Conrvention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued and under such ciraurtstanca3s additional legal notice would not be provided. Robert E Parcher, City Clerk City.ot Miami Beach P.~rsuant to Section 286.0105, Fla. Stat.,.the City hereby advises the public that: 'rf a person decldes to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing. such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of othennrise inadmissible or irrelevant evidence, nor does R authorize challenges or appeals not otherwise allowed by law. _ ~, .! ~ .. _ .In accordance with the Americans with DisabUities Act of 1990, persons needing speclal accommodation to particlpate in this proceeding ~shoiild contact the City Clerk's office no later than four days prior ~ the proceeding, telephone (305) 673-7411 for assistance: 'rf hearing impaired, telephone the, Florida Relay Service numbers, (800) 955-8771 (TDD) or (800) 955.8770 (VgICE), for assistance. (Ad #0033) .. ~, w x c 's° o+ 0 0 ~1 s m 2 m m a 0~-~ 425 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRNE MIAMI BEACH, FLORIDA 33139 http:llci.miami-beach.fl. us ~~~~~~ COMMISSION MEMORANDUM NO. D-O TO: Mayor Neisen O. Kasdin and Members of the City Commission FROM: Jorge M. Gonzalez °~ City Manager ~~ DATE: July 18, 2001 SECOND READING -PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, AUTHORIZING STREET PERFORMERS AND ART VENDORS IN PUBLIC AREAS FOLLOWING RECEIPT OF A PERMIT, SUBJECT TO CERTAIN CONDITIONS AND A PERMIT FEE; PROVIDING DEFINITIONS, SETTING FORTH TERMS, CONDITIONS AND REGULATIONS FOR PERMITS ISSUED TO STREET PERFORMERS AND ART VENDORS; PROVIDING FOR ENFORCEMENT, SUSPENSION OR REVOCATION; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Ordinance on second reading after the public hearing. ANALYSIS Artistic street performance can be a form of cultural enrichment in urban azeas. In cities from Paris to San Francisco, municipal governments have crafted ordinances that regulate this activity by defining who is a street performer, providing for a simple permit process, and designating acceptable locations, hours of operation and rules of conduct. This ordinance will not inhibit free expression, but will positively contribute to the City's quality of life by addressing street order and maintenance issues. Street vending of art is also an expressive activity that will contribute to the City's quality of life. Protected street performances and art vending aze combined into one ordinance to efficiently and effectively manage both activities at appropriate times, places and manners, consistent with constitutional requirements. The Administration and City Attorney's Office reviewed street performer and street vending ordinances and cases from the City of Cambridge, Massachusetts; Faneuil Hall, Boston; Baltimore, Maryland; San Francisco, California; New Orleans' French Quarter, and Key West, Florida. The Ordinance as proposed is an amalgamation of, or consistent with, those precedents. Street performers and street vendors were discussed by the Planning Boazd at a workshop on April AGENDA ITEM S O /~ ..,. 4 2 ~ DATE - b '-O 1 1..• Commission Memorandum -Street Performers and Art Vendors July I8, 2001 Page Z 24, 2001, and the Planning Boazd recommended that an ordinance be drafted and brought to the Commission for consideration. The Planning Board considered the draft ordinance at its meeting of May 29, 2001. The City Commission directed that an ordinance be brought for its consideration on first reading at the June 27, 2001 meeting. At all of these meetings residents and business representatives from the Lincoln Road Mall area presented testimony on the problems with unregulated performances and vending in their area. The City Attorney's Office has obtained input from many concerned persons and jurisdictions and drafted an ordinance considering the many interests and variations on the solutions to these problems from around the country, and it is now presented for Second Reading. This Ordinance regulates the use of the public right-of--way by artistic street performers and art vendors. In so doing, it will allow specific kinds of street vending as artistic freedoms guaranteed under the First Amendment (City zoning prohibits the sale of merchandise outside any business premises). It is important to note that the street performers who promote their artistry should not be confused with for-profit vendors who seek to expand their selling azea by promoting their products on the City's right-of--way. Street vendors are not permitted in the City of Miami Beach. Vendors that resell merchandise as peddlers, use live animals, or sell or prepare food, aze not to be considered street performers or art vendors, and the City Code provides for misdemeanor citations and confiscation of merchandise (City Code 70-4 & 70-6). Conversely, by creating a new Street Performer and Art Vendor Ordinance, artistic performance on the City'sright-of--way is safeguazded in specific locations as provided in the. ordinance. Street performers and art vendors are provided freedom of expression and the ability to receive contributions for their performances and sale of their art. The City of Miami Beach will benefit from passage of this Ordinance as it will distinguish the illegal activity of for-profit street vendors from that of street performers and protected art vendors, and clarify the City's enforcement procedures. This clarification has been encouraged by the City's Police Department, so that they may properly cite street peddlers that continue to plague our busiest commercial, and highly regazded, historically protected, tourist destinations. As proposed, the Ordinance will regulate the time, manner and place where street performances and protected vending will be permissible. The content of the performance or the protected vending will not be regulated. The locations and times identified in the ordinance reflect the community's desire to balance traditional business needs with the constitutionally supported rights of the artistic street performers and vendors. At the Commission's direction on first reading, representatives ofthe Administration and the Lincoln Road Mazketing Association spoke with owners of businesses and properties in the vicinity of areas p~- 425 T j ., Commission Memorandum -Street Performers and Art Vendors July 18, 2001 Page 3 designated for street performers or vendors on Lincoln Road. On July 9, 2001, representatives from the Administration, including from Code Compliance and the Police Department, and the City Attorney's Office, met with business representatives surrounding the proposed locations on Lincoln Road. Some concerns about the locations were expressed, and others were observed independently by the City representatives. The results of these meetings and the tour were the elimination of two locations, the adjustment of four locations, and the addition of one new location, on Lincoln Road. Contact with a representative of the Ocean Drive Association was also made, with the result being agreement with the proposed locations on Ocean Drive. Following further review by the Administration and the City Attorney's Office, some additional modifications were made to the ordinance for second reading: (1) section 18-901 was amended to only require a permit for street performances when the performance is "from a fixed location, or to solicit donations or contributions"; (2) the phrase "in the opinion of the police officer" was removed from section 18-904(4) concerning when it is necessary to suspend a performance; and (3) the phrase "in the sale and distribution of artistic creations" was removed from 18-905, concerning when tables, carts, displays, signs and inventory must be removed; (4) the space for vending and performances was increased to 25 square feet from 15 square feet, and the size of tables for vending was increased to 15 squaze feet from eight squaze feet; and (5) as described above, certain of the locations on Lincoln Road were adjusted to address neighbor and other concerns. The City Commission should approve the Street Performer Ordinance on second reading after the public hearing. JMG:BM:RS:SS:GMH F:\A'ITO\HELG\Ordinances\StreetPerVen\STPERFOR.Comm.mem.wpd 02- 425 Sidewalk vendors few and far 1 veen - 1998-10-19 -Puget Sound Bus• ;s Journal (Seatt.. Page 1 of 5 sponsored by: - s onsored b ~T Home ~ Search/Archives Extra Solutions & Contact ~4~ents - Edge Services Us bizjournals.com bCentral.com Subscribe to the Business Journal Buy a Book of Lists Go to other Business Journals t•O'WEREO tY Busiries~ o MiCrosoft• C~entraf Home :Seattle :Archive : 1998 : October :Week of October 19 1998 : In Depth: Urban Clout Search Printable version ®Email story oo .. Past 30 days - In pepth: Urban Clout Go to r hiv Detailed ar h Instru Lions ~ From the October 16, 1998 print edition Sign up for Search Watch® 11e I; - are r ~eaknyNtws Sidewalk vendors few and X l civ R nnrtc far between In~u;:t~! W~~Rt~P~ ~ la I~ness Insight' Only 20 vendors are on pu6Iic streets; the rest are Book of Li: • In Deoth• Urban lour located on private property TOP businesses Q i ; n contacts I n r Paul Freeman Contributing Writer Print ill M r SUbsCrlDtl Every weekday, from 6 a.m. to 4 p.m., Brian Loo can be Get the compe In Depth: Urban found at First Avenue and Columbia Street in downtown edge from excl Clout Seattle, selling espresso from his sidewalk cart. business cover Urban clou ~4i1 -n r novati5~ns or~seiye historic charactgr Flashv crorec bring 91~ Glamor downtown Limiting Dorn parlors rat c ;rye[ downtown • ~ld.2walk vendors few and far Downt---- own livs9 arrhPC ofI across tl+ rnu ntry Improving Downtown: Vibran downtown i~~cr neew~ a little polish The Belltown Boom: Po ular It~iahborhood ha - or will h_~ve - it all Loo is a sidewalk vendor veteran, having been on the same or a nearby corner for 11 years. And he's a member of a very exclusive club. Counting his cart, in the entire city of Seattle there aze just 20 sidewalk vendors. That's not surprising, given the way these merchants aze regulated. The regulations don't impose any quotas. But they do make it unlikely that the number of sidewalk ve:idors will increase significantly any time soon. Sidewalk vending is an ancient business. HireSeattl Fill an opening job ~_.._ .., Insurance_ C n er Covering the n small business Internet Directory Local business the web "Some people say that it's the second-oldest profession," said Legal Cent Hundreds of b~ Sidewalk vendors few and far bP`~veen - 1998-10-19 -Puget Sound Bus' .s Journal (Seatt.. Page 2 of S Lou Landt, vice president of the Cart Owners Association of legal tools America. ~ •~ Office Pro. Based in California, COAA was founded in 1993. It has more special deals o than 300 members and its mission is to promote and ~ equipment, sui encourage sidewalk and cart vending. Unlike the world's oldest profession, sidewalk vending isn't illegal. But it is regulated, often strictly, by most cities. The current version of Seattle's regulations was enacted in 1984. Until then, the city's sidewalk vendor regulations were very general in nature. "As a result, vendors got more and more ambitious, and we ended up with small houses, shacks on the sidewalk," said John Zavis, Seattle's annual street use permit supervise=. Many of these shack-like operations were located under the monorail. Their owners raised a ruckus when the city booted them out to make room for Westlake Cent€r and Westlake Pazk. "Asked to move, the vendors took the city to task," said Zavis. "They felt that the city had an interest in keeping them in business." Appazently, the city compensated at least one vendor forced to relocate. That seemed like a bad idea, so the city decided to take action. Public hearings were held by Seattle's then-Board of Public Works, with vendors, city officials and the public all making their views known. From these hearings emerged the regulations that now govern sidewalk vending. As part of the Municipal Code, the regulations were drafted for the public's protection. "The intent of the rules was to look at the public interest and not the special interests of private entrepreneurs," said Zavis. "Nowhere do the rules infer that there is any right to be a sidewalk vendor or that the city sponsors or takes an interest in whether they're there or not there." The regulations limit what the vendors can sell. They can't peddle merchandise or services. Food is OK, but not all kinds. Flowers are OK, too. "Every once in a while there is a flower vendor, but that's rare," said Zavis. 42- ~2 }1}tT'IICP?1•tIA 1~.l.o..r~"~1 ni...+/......~~1.. /..~...+..../1 (lA0/Inn n~C_ ____r ~ . Sidewalk vendors few and far 1r Neen - 1998-10-19 -Puget Sound Bus. :s Journal (Seatt.. Page 3 of 5 .~ What's happened under the regulations is that the city's 20 sidewalk vendors sell one of three basic food items: espresso, hot dogs or popcorn. Each vendor must operate at a specific location. A cart can't be moved except to a storage area during off hours. Each vendor also must have a street use permit. It costs $64 a year and is issued by Zavis. To obtain the permit, a vendor must have the approval of the Seattle-King County Department of Health. This approval costs $185 a year, the same as a regulaz restaurant pays. "It's as much as I pay for my liability insurance," said Loo, referring to another precondition for the street use permit, a liability insurance policy in the amount of $1 million. Every would-be sidewalk vendor must submit to the Department of Health a plan of operation, accompanied by a $270 plan-review fee. The plan must demonstrate that the proposed sidewalk operation meets all department requirements. These include access to a commissary where dishes can be washed, access to a bathroom and an arrangement for trash disposal. Another requirement involves cart size. "Cart body size is limited to 3 feet by 5 feet with each extension no longer than 18 inches," say the regulations. It's these relatively small cart dimensions, Zavis explained, that make it next to impossible for a sidewalk vendor to operate a viable flower business, which needs more space than the regulations allow. Theoretically, the Department of Health inspects -each sidewalk vendor thr_ce yearly. As a practical matter, inspections can be less frequent. Loo said he's inspected only about once a year. In addition to Department of Health approval, side walk vendors need permission from the buildings in front of which they operate; under the law, Davis pointed out, Seattle property owners are responsible for sidewallc maintenance in front of their property. Loo had to move a couple of years ago when the neazby 02- 425 Sidewalk vendors few and far b "peen - 1998-10-19 -Puget Sound Bus. :s Journal (Seatt.. Page 4 of 5 Colman Building, in front of which he was located, sold. The ' new owners decided they didn't want a sidewakc vendor. ~" Sidewalk vendors usually need more than this permission, however. Because they need electricity, access to a commissary and bathroorr~; gazbage collection and a place to store the cart, they usually must work out some arrangement under which the building supplies these items for a fee. In addition to its sidewalk vendors, Seattle has numerous vendors whose carts open out on the street but azen't on the sidewalk. "Most of the city's coffee stands aren't sidewalk vendors, they're on private property," said Zavis. These vendors don't need a street use permit. But they must have the Department of Health approval and $1 million in liability insurance. Being a sidewalk vendor isn't a career that most people dream about or even consider for a nanosecond. But it has certain attractions. For one thing, the capital required to start such a business is minimal. According to Landt, it's possible to acquire a cart for few thousand dollars or less. "There are very few businesses that people can get into with a $2,000 to $3,000 investment," he said. Second, being a sidewalk vendor is a highly interpersonal business. Loo serves about 200 customers a day at his stand. "What I like most about this business," he said, "is the people. I've had great customers that I've known for yeazs and years." Finally, sidewalk vending is a cash business, and some find that an especially attractive feature. "Because these are cash businesses," said Landt, "owners are reluctant to disclose what they take in. But you can take in $3,000 to $4,000 a month if you have a good client?le and you run the business well with a good product mix." Landt isn't familiaz with Seattle's sidewalk vendor regulations, so he couldn't comment on how strict they are. But when it comes to sidewalk vendor regulation generally, he said, "I wouldn't say that any cit}/s (regulations) are 0 2 - ~ 2 Sidewalk vendors few and fart peen - 1998-10-19 -Puget Sound Busi .s Journal (Seatt.. Page 5 of 5 sidewallc friendly, it's just that some aze less antagonistic than others." •• ~In Zavis's view, when Seattle enacted its current regulations we settled somewhere in the middle of all the comments." But, he added, the regulat~~ns are consistent with the thinking of the local citizenry, "who have a neat and orderly mentality." Copyright 1998 American City Business Journals Inc. ~ SM Click for permission to reprint ~PRC# 1.1659 110157 Printabl version ®Email story Top. ~~ ~ ont ntc I Search I Extra do ~ Solution & i c I Con a t c I bi _bjournals com ~ bCentral com Puget Sound Business Journal email: s~attleColbi~io ~rnalc cn,,, All contents of this site ©American City Business Journals Inc. All rights reserved. Privacy Poli v ~ User AarePrnonr ~~... ~~ ® ® ~h ° ~h~ ~tl a ~, ~ ®~ Seattle Municipal Code Information retrieved March 29, 2001 7:19 AM SMC 15.17.100 Food and flower vending by cart from a site. An authorizing official may issue a permit to authorize the use of a public place for the sale of food, flowers, and nonalcoholic beverages from a cart, stationed at an authorized site, under the following terms and conditions: A. Vending of food and beverages must meet all standards established by the Seattle-King County Health Department, and if propane or a combustible fuel is used, the requirements of the Fire Department. Vending may not occur in a single-family or residential low-rise zone; B. Food and beverages sold must be capable of immediate consumption; C. The cart for vending food and/or beverages may not be more than five feet (5') long, five feet (5') high, and three feet (3') wide; the authorizing official may also permit awnings; D. The cart must be capable of being pushed by ore (li person, with at least two (2) functional wheels and positive wheel locking devices; E. The wheels of the cart must be locked while the vendor is offering to conduct business, and the cart must be removed from the public place after business hours; F. The vendor must provide public liability insurance na^:ing the City as an additional insured in an amount determined by the authorizing official by rule; G. The vending site must be kept clean at all times. When vending involves a container or wrapper, the vendor must supply a refuse container; H. No mechanical audio or noise making devices or hawking is allowed; I. Electrical utility connections are permitted to the adjacent property, but no lines may be extended overhead or upon the sidewalk; J. The vendor must present to the City written approval for }he vending by the adjoining property and/or tenant; if the tenan*_ and property owner disagree, the property owner's decision controls; K. If the vending occurs within two hundred feet (200') of a park or public school, the vendor must present written consent of the Superintendent of Parks and Recreation or the Seattle School District, respectively; if the vending occurs within two hundred feet (200') of a private school, the vendor must present proof of ~~ ~ ~- ~ 2 5 mailing or delivery of notice of the application to the school's ~ _ administrator and an opportunity for comment shall be allowed. No '~ vending of flowers may occur within two hundred feet (200') of an established florist without the written consent of the florist. L. The vendor satisfies such other criteria and requirements as the authorizing official may establish frc+m time to time by rule in the public interest. (Ord. 117569 Section 50 (part), 1995.) _ _. in to Recent ordinances passed since 9~31,~00 which may amend this section. (Note: this feature is provided as an aid to users, but is not guaranteed to provide comprehensive information about related recent ordinances. For more information, contact the Seattle City Clerk's Office at 206-68-1- 5707, or by a-mull ut clerk@ci. seuttle. wu. us) •dEF ?dBF def „ a®~ " •n[e ~n~o hie a 02-~ 425 PEDDLERS AND ITINERANT VENDORS PICTURES OF VENDORS ON THE PUBLIC RIGHT-OF-WAY IN THE CITY OF MIAMI 0~-- ~2~ 02- 425 a ° ~= ~A. ~2°- ~~~ ~' ~' .~:~ ~,,, 02~~ X25 Q~- ~: 02- 425 0~- 425 oz- ~, ~~` Q2- 425 S W ,.6vS T....~;;. +.:% a~ 0~- 42v ~2_ 425 f ;. 02-~ 425 ~. oz- ~~5 02~ 425