HomeMy WebLinkAboutO-12002j
J-00-999
12/6/00
ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION, WITH ATTACHMENT (S), RELATING TO
SIDEWALK AND STREET VENDING; AMENDING
CHAPTER 39, ARTICLE II, OF THE CODE OF THE
CITY OF MIAMI, FLORIDA,. AS AMENDED, BY
ESTABLISHING THE "BISCAYNE BOULEVARD SPECIAL
VENDING DISTRICT"; PROVIDING DEFINITIONS;
ESTABLISHING ,DISTRICT BOUNDARIES; PROVIDING
FOR EXCLUSIVE'VENDING FRANCHISE OPPORTUNITIES
AND LOCATIONS; PROVIDING CRITERIA; PROVIDING
FOR FRANCHISE FEES; ESTABLISHING PUSHCART
DESIGN CRITERIA AND REVIEW; ' PROVIDING
OPERATING REGULATIONS AND LIMITATIONS;
PROVIDING FOR ENFORCEMENT, REVOCATION AND
APPEALS; PROVIDING FOR HOLD HARMLESS
AGREEMENTS, INSURANCE, TAX CERTIFICATES 'AND
COMPLIANCE WITH APPLICABLE LOCAL AND STATE
REGULATIONS; MORE PARTICULARLY, BY AMENDING
SECTION 39-26 AND ADDING NEW SECTION 39-37.1
TO SAID CODE; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") is vested with the
responsibility to protect the health, safety and welfare of its
citizens and visitors; and
WHEREAS, the primary purpose of the public streets and
sidewalks is for use by vehicles and pedestrians; and
C In
24
WHEREAS, reasonable regulation of street and sidewalk
vending is necessary, and vendors are subject to reasonable
restrictions to ensure the ability of all members of the public
to safely use the streets and sidewalks as public rights -of -way;
and
WHEREAS, it is the intent of the City Commission to continue
aesthetic and safety -conscious improvement of vending activity in
the City through enhanced regulations; and
WHEREAS, the AmericanAirlines Arena, located on Biscayne Bay
at 601 Biscayne Boulevard, Miami, Florida ("New Arena"),
regularly houses large-scale events; and
WHEREAS, the New Arena is adjacent to Bayside Marketplace
and the Port of Miami, which, aggregately, generate high volumes
of pedestrian and vehicular traffic; and
WHEREAS, events at the New Arena are regularly attended by
more than 10,000 persons, and often attended by 20,000 persons,
which create significant impediments to vehicular and pedestrian
traffic circulation on Biscayne Boulevard and. adjacent
thoroughfares; and
WHEREAS, the sizable attendance at said events also attracts
street vendors; and
WHEREAS, existing sidewalks and access ways in the vicinity
of the New Arena are sufficient for normal, daily circulation,
but are severely congested on days when events occur at the New
Arena; and
Page 2 of 19
•
WHEREAS, the congestion is particularly exacerbated by the
influx of vendors into the areas adjacent to the New Arena; and
WHEREAS, unrestricted vendor activity blocks or seriously
impedes pedestrian flow to and from rapid -transit and parking
facilities serving the New.Arena; and
WHEREAS, vendors' pushcarts and stationary stands often
obstruct sidewalks, driveways and facility access ways, forcing
pedestrian traffic onto vehicular thoroughfares, thus subjecting
pedestrians to dangerous conditions and further restricting
vehicular flow; and
WHEREAS, street vending related activity significantly slows
pedestrian sidewalk traffic, retains pedestrians in the general
area of the New Arena for an inordinate time after New Arena
events, and creates areas of sidewalk activity and congestion in
the New Arena area; and
WHEREAS, pedestrian retention, after such nighttime events,
create security and safety problems for a time period beyond that
which would otherwise occur under more reasonably controlled
vending conditions; and
WHEREAS, vendor stands are regularly dropped off on site
before an event, without means for emergency removal; and
WHEREAS, uncontrolled vendors have consistently littered
their immediate surrounding areas by discarding refuse of their
activity, and
Page 3 of 19 1UoC�
WHEREAS, unrestricted vendor activity aesthetically despoils
the New Arena area and attendant transportation facilities, and
is counterproductive to the. City's efforts to improve the
Overtown/Park West area, generally, and the Biscayne Boulevard -
New Arena area, specifically; and
WHEREAS, since the opening of the New Arena, the Downtown
NET (Neighborhood Enforcement Team) Office and the Department of
Public Works have surveyed the pedestrian traffic flow from the
parking lots west of Biscayne Boulevard and the New Arena; and
WHEREAS, as a result of said surveys, it has been concluded
that the pedestrian ingress -egress points for the parking lots in
the subject area are on the Streets, as opposed to on the
Avenues; and
WHEREAS, based on the foregoing and surveys made of the
pedestrian traffic flow, the following District boundaries,
vending zones, and constraints and limitations are established
for the subject "Biscayne Boulevard Special Vending District";
and
WHEREAS, the regulations contained in this Ordinance do not
prohibit pure speech, but merely regulate commercial activities
on public rights -of -way; and
WHEREAS, the City Commission after careful consideration,
deems it advisable and in the best interest of the general
welfare of the City of Miami and its inhabitants to adopt this
amendment as hereinafter set forth;
Page 4 of 19 1200 2
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in. the
Preamble to this Ordinance are hereby adopted by reference and
incorporated as if fully set.forth in this Section.
Section 2. Chapter 39 of the Code of the City of Miami,
Florida, as amended, is hereby further amended as follows:l/
"CHAPTER 39
PEDDLERS AND ITINERANT VENDORS
ARTICLE II. SIDEWALK AND STREET VENDORS
Sec. 39-26. Definitions.
For the purposes of this A -article:
Biscayne Boulevard Special. Vending District is
defined as all public rights -of -way within that
area bounded on the east by the centerline of
Biscayne Boulevard; on the north by Northeast 11
111
Street; on the west by Northeast 1sr Avenue; and
En
on the south by Northeast 5.`Street.
Franchise is defined as the exclusive right to
vend in a special vending district pursuant to the
provisions of sections 39-33, ai-,d 39-34, and
Franchise document or franchise permit is defined
as a document provided by the executive director
or Director to evidence the right granted pursuant
to sections 39-33, 39-34, and 39-37.1 to
exclusively vend in a specified vending zone.
1� words and/or figures stricken through shall be deleted. Underscored
words and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
12002
Page 5 of 19
Franchise period is defined as the time, which
shall be one year, (e3Eeept fems--the -____ guV,l
fr-anehi�p red few—�Bs;t�rt � F' i aRA s =--a-
(except for the inaugural 'franchise period for the
Biscayne Boulevard special vending district, which
shall be until September 30, 2001), a vendor may
be granted the franchise for a specific vending
zone.
Sec. 39-37.
Sec. 39-37.1
Limitations within Miami Arena Special
Vending district.
Limitations within Biscayne Boulevard
Special Vending District.
Vending within the Biscayne Boulevard Special
Vending District ("District") shall be subject to all
rules and regulations in this Article, except as
contrarily and specifically provided below:
(1) No merchandise shall be vended or displayed
other than:
a. Pre -packaged foods, as defined by 61C-
1.001, Florida Administrative Code
(2000), as amended, of the snack food
type, in sealed bags.
b. Prepared foods including, but not
limited to: ice cream, baked goods,
fresh fruit and the like.
C. Unprepared foods including, but not
limited to: hot dogs, crepes and the
like. However, shiskabobs and like
foods requiring heat generators, are
prohibited.
d. Plants and flowers including, but not
limited to: fresh cut or dried flowers
or potted plants and the like:.:
(2) Vending of merchandise shall also be in
strict compliance with applicable regulations
of the Florida Department of Agriculture,
Page 6 of 19 12, U
Florida Department of Business and
Professional Regulation and Miami -Dade
County.
(3) Vending of merchandise shall be prohibited
from any type of vehicle or stand other than
a pushcart of the specific types and
construction shown and described on composite
"Exhibit B," attached to Ordinance No. 11212.
Said pushcarts shall satisfy the above
criteria and be inspected and certified
initially and on an ongoing basis by the
Director and Downtown NET Administrator as
having complied with this Section. The
Director shall prepare a uniform pushcart
certification form for usage in'the District.
(4) Pushcarts shall be located in their vending
zones in a physical position commensurate
with Department of Public Works vending
markings for the District.
(5) No merchandise, supplies, containers or any
other items related to the vendor shall be
placed anywhere within the public right-of-
way other than on or concealed within the
pushcart, with the exception of one folding
chair or wooden stool of a type approved by
the Director or Downtown Net Administrator,
as compatible with the District's pushcart
design requirements.
(6) It shall be unlawful for any vendor to use
any noise -making device to solicit customers.
(7) Vending pushcarts may not be chained or
otherwise affixed to trees, light poles, sign
stanchions or other stationary entities on
the sidewalk.
(8) No licensee shall operate, or hold an
occupational license for more than one
pushcart in the herein District.
(9) Vending is prohibited within the District
between the hours of 1:00 A.M. to 10:00 A.M.,
and pushcarts shall not be located in the
District during said hours. Further, vending
shall not be permitted nor shall pushcarts be
located within the District on event days
Page 7 of 19 12002
except for a period of time beginning two (2)
hours immediately preceding, during, and two
(2) hours following authorized event(s). For
purposes of this Section, events, event days
and event times shall be as determined by the
managing office of the New Arena and
published in the New Arena's Calendar of
Events, or a like official publication.
Problems occasioned by changes in event times
occurring subsequent to the publication of
said calendar, or errors therein, shall be
ultimately resolved by the Police Department
or Downtown NET Office, utilizing the most
recent official records of the New Arena's
management.
(10) Vending is permitted pursuant to the
provisions of this Article only on days when:
an event is scheduled in the New Arena.
(11) Vending is prohibited, without exception, on
any combination sidewalk and curb less than
eight (8) feet in width.
(12) Open flame cooking and use is prohibited,
except as provided in Sections 39-39 and
39-40.
(13) Vending Zones.
a. Location of vending zones.
Vending shall be prohibited in the
Biscayne Boulevard Special Vending
District except from a specifically
approved location within the
sidewalk areas generally designated
on the graphic attached hereto as
"Attachment A." However, the
selection of specific vending zone
locations subsequent to the
establishment of this District
shall be the responsibility of the
Director, using the standards and
criteria contained in this Article.
Vending zones and vendor locations,
including those initially
established herein, may be deleted
or relocated by the Director upon a
written f.indinq that said action is
Page 8 of 19 12002
necessary because the existing zone
or location creates an obstruction
to pedestrian or vehicular traffic,
or otherwise creates a threat to
the public health, safety or.
general welfare. Establishment of
the alternate zone(s) or
location(s) shall also require a
written finding that such new
vending location(s) is within the
District and otherwise satisfies
provisions of this Article and
other applicable regulations.
However, vending shall not be
permitted- on sidewalks or rights -
of -way adjacent to or directly
across from residential
developments.
2. All vending locations, of which
there shall be a maximum of eight
(8), shall be spaced and oriented
so as to maximize pedestrian flow
and safetv.
b. Limitations within vending zones.
1. No more than one (1) vendor shall
be permitted to operate",- from each
vending location,. and said vendor
may not move from location to
location except as provided for in
this section.
2. Each vending location shall
approximate the size of one
permitted pushcart and shall be
clearly identified by a metal
(brass) pin and washer embedded in
its proper location within the
public right-of-way by the
Department of Public Works, Survey
Division. The Director shall keep
an updated file showing and listing
authorized locations, along with
appropriate graphics, available for
public and governmental agency
perusal and use, and provide• the
Downtown NET Office and the Citv
Page 9 of 19 12002
Clerk with a certified copy of the
current file.
C. Assignment of vendors to specific
vending zones.
1. Franchise rights. Vending zones
within the District shall be
occupied only by licensed vendors
willing to pay the City for. the
opportunity and franchise right to
vend, exclusively, from designated
vending zones in the Biscayne
Boulevard special vending district,
subject to applicable rules,
regulations,_ ordinances and
statutes governing vending. There
shall be a franchise fee due of
$50.00 per month, for a total of
$600.00 per franchise period, for
franchises. As a condition
precedent to receiving a franchise,
the total amount due for the
franchise period shall be paid in
full. Payment shall be by cashier's
check, bank certified funds, or
money order payable to the City.
Failure to tender required payment
on the date of the lottery shall
invalidate such award and vacate
the vending zone. All franchise
fees shall be paid at the Downtown
NET Office or its successor entity.
2. Lottery.
i. The Director shall establish
and supervise a lottery system
whereby those persons
possessing a valid and
appropriate occupational
license, appropriate state and
local sales tax
certificate(s), shall be
chosen, by chance, for vending
zones in this District. The
Director shall assign each
vending zone a sequential
number corresponding to a
north to south and east to
west rotation pattern of
Page 10 of 19 12 � � ,�
sequential locations on the
vending map, which shall
correspond to "Attachment A,"
hereto, as amended. All
qualified vendors shall have
their names placed into a
container for a drawing by the
Director or .NET Administrator
to determine which location
shall serve as the initial
vending zone for each vendor
at the beginning of a
franchise period. On the first
day of each month following
the first month of the
franchise period, all vendors
shall relocate, via rotation,
to the next vending zone in
the aforementioned sequence.
All franchise rights . shall
transfer to the new location
and cease in the prior
location upon such rotation.
Said rotation shall continue
for the duration of the
franchise period. At the
conclusion of the franchise
period all franchises shall be
subject to a new lottery.
ii. The Director is authorized to
issue a "Notice of Street
Vending Franchise
Opportunities" in the
District. Said notice, for
each franchise period, shall
be publicly advertised in a
newspaper of general
circulation in approximately
mid -August and mid-February.of
each calendar year, and shall
indicate the pending
availability of exclusive
vending zones in the District
and the terms of such
availability, including the
date, place and time of the
lottery. Notices, as for a
Posted Notice Lottery, may
also be qiven, but shall be
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considered courtesy notice
only.
iii. Utilizing the standards and
criteria set forth in this
Article, the Director may
promulgate such reasonable
supplementary rules,
regulations and procedures as
are necessary to implement and
effectuate the herein lottery
and vending zone assignment
process.
iv. For vending zones which may
become available during the
franchise period due to
abandonment or Director's
action, the Director shall
specify the date, time and
place for the holding of a
special lottery for such
designated vending zone(s),
and shall publicly advertise
said information as for a
Posted Notice Lottery.
V. All franchise documents are
nontransferable. Sale of a
majority of stock in a
corporate franchise by
stockholders listed on the
franchise application or sale
of a majority interest in a
partnership as listed on the
franchise application shall be
deemed a transfer of the
franchise, which is
prohibited. The franchise
document shall be in the
possession of the vendor at
all times and shall be
displayed to a police officer,
Code Enforcement Officer,
Downtown NET official or
Public Works Department
representative upon request.
Failure to immediately provide
this document, along with a
valid occupational license,
Page 12 of 19 12002
pushcart certification and
sales tax certificate(s),
shall be grounds for immediate
removal of the pushcart from
the vending zone and District,
suspension of the franchise,
and initiation of occupational
license and franchise
revocation proceedings by the
Director or Downtown NET
Administrator.
vi. Franchises awarded pursuant to
this section shall be subject
to section 39-29. Furthermore,
the award of a franchise
pursuant to this section does
not grant or infer vested
rights to the use of the
public rights -of -way by the
franchisee.
vii. Any vending zone or franchise
document issued pursuant to
this section shall be subject
to modification by ordinance
at any time deemed necessary
by the. City Commission.
Vending in any vending zone
may. be temporarily suspended
or relocated by the Director
upon reasonable notice when
private or public construction
or activities or health and
safety ..' concerns of the
Director make it unsafe or
impractical to allow vending
in that vending zone. Such
suspension(s) which lasts for
a continuous or cumulative
period in excess of five days
of a franchise period shall
result in a pro rata refund of
the lottery franchise fee paid
by such suspended franchisee.
No other payments or
compensation shall be owed by
the city or due the franchisee
as a result of such
suspension(s). A vendor so
Page 13 of 19 12 O O P
dispossessed, may, if
possible, be offered a
substitute -vending zone by the
Director without the necessity
of lottery proceedings. Said
substitute -location shall be
valid for the balance of the
time remaining on the vendor's
franchise document for that
vendor location, or until the
substituted -for location is
again available, whichever
occurs first. If the vendor
accepts a substitute -
location, the refund shall be
only for the actual days of
suspended operation, and shall
not include the day(s) of
operation in the substitute
location.
viii. Vending activity suspended
pursuant to sections 39-29 and
39-38, or revoked due to
unauthorized absence or
violations of the codes of the
city, county or general law,
shall not be the basis for any
pro rata refund of a franchise
fee. Revocation of. franchise
documents based on
unauthorized • absences or
violations shall result in a
forfeiture of the entire
franchise fee.
d. All participants in lottery proceedings
pursuant to this section shall submit,
as a condition precedent to
participating, a copy of an appropriate
valid occupational license,
certification, pursuant to section
39-7.1(3), that the pushcart which will
be used in this District has been
approved, and sales tax certification.
e. Unauthorized absence from a designated
vending zone shall constitute a basis
for suspension and revocation of a
franchise document. Upon certification
Page 14 of 19 ��
0 . *
by the Director or Downtown NET
Administrator that a vending zone has
been unoccupied for a continuous period
of 10 Event Days, for reasons other than
those mentioned in subsection
(13)c.2.vii or section 39-29, the
Director or Downtown NET Administrator
shall notify the vendor of the intent to
revoke the vendor's franchise unless
clear evidence of proof of the vendor's
activity during the 10 event -day period
in question is provided to the Director.
Subsequent to ten-day notice mailed by
certified mail to the address shown on
the vendor's lottery application form,
the Director shall conduct a hearing,
and may revoke the vending franchise and
reward the franchise to a different
vendor, pursuant to a posted notice
lottery, for the balance of that
franchise period. The vendor subject to
such revocation may appeal the
Director's decision in the same manner
rovided in section 54-230.
f. Any franchise incurring three written
notices of violation of this article
shall be the subject of the following
franchise revocation proceedings:
1. When violations occur, the
franchisee shall be notified by the
Director or Downtown NET Office in
person or via certified mail. The
first violation notice or citation
shall be a reprimand; the second
violation notice or citation shall
be a warning; the third violation
notice or citation shall result in
an automatic revocation of
franchise document, immediate
removal of the franchisee's
pushcart from the District, and
banishment of the violator from the
District for a period of one
calendar vear.
2. Revocations may be appealed in the
same manner provided in section
54-230. An appeal shall not stay an
Page 15 of 19 12 0 0" 2
M
order by the Director or NET Office
to remove a pushcart from the
District.
Fees collected under this subsection are
declared to be franchise fees charged
for the right to exclusive commercial
use of a portion of the public rights -
of -way in the New Arena downtown area,
and are in addition to occupational
license taxes imposed by law and other
permit fees which may be collected, to
defray the cost of administration of
this subsection. All franchise fees
collected by the Director of Finance or
his designee pursuant to this section
shall be placed in a special account
established for the "Biscayne Boulevard
Special Vending District," and shall be
used to defray the cost of administering
and reaulatinq the District's vendors.
h. The Director shall design and distribute
to those awarded a vending zone a
franchise document identifying the
person or entity chosen by lottery, the
specific location where said person or
entity is to be allowed to initially
vend exclusively during the vending
period; and the duration of such
entitlement.
i. All franchise documents issued for
vending activity in this District shall
only be valid during one franchise
period, and shall expire on the
expiration date shown on the franchise
document and records of the Director.
Upon such expiration the vendor's
exclusive right to such vending zone
shall terminate, and vending, rotation
rights shall once again be' awarded
pursuant to the lottery procedures of
this section.
j. Liability and Insurance.
1. Prior to the issuance of a
franchise document, the vendor
shall furnish the Director with a
Page 16 of 19
12002
signed statement that said vendor
shall hold harmless the City, its
officers and employees, and shall
indemnify the City, its officers
and employees for any claims for
damages to property or injury to
persons which may be occasioned by
any activity carried on under the
terms of the franchise document and.
associated occupational license.
2. Prior to the issuance of a
franchise document, said vendor
shall also furnish and maintain
such public liability and .property
damage from all claims and damage
to property or bodily injury,
including death, which may arise
from operations under the franchise
document and associated
occupational license or in
connection therewith. Such
insurance shall provide coverage of
not less than $500,000.00 for
bodily injury, and property damage
respectively per occurrence. Such
insurance shall- be without -
prejudice to coverage otherwise
existing therein and shall name as
additional insured the city, its
officers and employees, and shall
further provide that the policy
shall not terminate or be cancelled
prior to the completion of the
franchise period without 45 days'
written notices to the Risk
Management Division and the
Director at the addresses shown in
the franchise document.
k. Sales Tax Certification. Prior to the
issuance of franchise documents, said
vendor shall also furnish original
evidence of a valid certificate of
resale or equivalent document from the
Florida Department of Revenue and Miami -
Dade County, if applicable, evidencing
that said vendor and the specific
vending activity authorized by said
franchise document have been permitted
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by said tax collection entities to the
extent mandated by law. Franchisee(s)
shall furnish, upon demand, evidence
that the herein requested certificate of
resale or equivalent document is
current. Failure to maintain said
certification shall constitute a basis
for suspension and/or revocation of a
franchise document.
1. State license inspection and
certification. Prior to issuance of a
franchise document, the vendor shall
also furnish original evidence of a
valid license issued, upon inspection,
by the state department of business and
professional regulation (for vending
prepared food, as defined by state
regulations) and/or the state department
of agriculture (for vending prepackaged
food, as defined by state regulations).
Section 3.. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 4. If any section, part of this section,
paragraph, clause, phrase or word of this Ordinance is declared
invalid, the remaining provisions of this Ordinance shall not be
affected.
Section 5. This Ordinance is hereby declared to be an
emergency measure on the grounds of urgent public need for the
preservation of peace, health, safety, and property of the City
of Miami.
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Section 6. The requirement of reading this Ordinance on
two separate days is hereby dispensed with by an affirmative vote
of not less than four -fifths of the members of the Commission.
Section 7. This Ordinance shall become effective
immediately upon its adoption and signature of the Mayor.2/
PASSED AND ADOPTED BY TITLE ONLY this 14th day of
December 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indlcata approval of
this legislation by signing it in the desigreted place: prn-vlded, sal d krpirl, •.: 10W
becomes effective with the el
regarding same, without the
AND CORRECTNESS:'
If the Mayor does not sign this Ordinance, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission.
Page 19 of 19
12002
ATTACHMENT "A"
The official exact location of each vending zone shall be
identified by a metal (brass) pin and washer embedded in its
proper location'within the public right-of-way by the Department
of Public Works.
ZONE APPROXIMATE LOCATION
D1 On NE 8 Street (north) side 170 feet from the P,.I.
of the easterly B/S from NE 2 Avenue
D2
On
NE
8 Street
(south) side
40 feet
from
the
P.I.
of
the
easterly
B/S from NE
2 Avenue
D3
On
NE
8 Street
(south) side
150 feet
from
the
P.I.
of
the
easterly
B/S from NE
2 Avenue
D4
On
NE
8 Street
(north) side
40 feet
from
the
P.I.
of
the
easterly
B/S from NE
2 Avenue
D5
On
NE
7 Street
(north) side
180 feet
from
the
P.I.
of
the
easterly
B/S from NE
2 Avenue
D6 On NE 7 Street (south) side 180 feet from the P.I.
of the easterly B/S from NE 2 Avenue
D7 On NE-6 Street (north) side 310 feet from the P.I.
of the easterly B/S from NE 2 Avenue
D8 On NE 6 Street (south) side 310. feet from the P.I.
of the easterly B/S from NE 2 Avenue
PI=Point of Intersection; B/S=Back of sidewalk
19002
e
CITY OF MIAMI, FI-ORIDA16
INTER -OFFICE MEMORANDUM
TO, The Honorable Mayor and DATE November 6, 2000 FILE
Members of the City Commission
SUBJECT:
Biscayne Boulevard Special
Vending District
FROM: REFERENCES:
4ars en zManager ENCLOSURES:
Since the primary purpose of the public streets and sidewalks is for use by vehicular and
pedestrian traffic and reasonable regulations of street and sidewalk vending is necessary
to protect the public health, safety and welfare, the following ordinance is presented to
provide reasonable restrictions in order to ensure the ability of all members of the public
to safely use the streets and sidewalks as public rights -of --way.
It is hereby recommended that the following ordinance be approved in order for the
vending zones to be established and the regulations be clarified, allowing for vending
during special events at the American Airlines Arena as well as in support of other future
developments, which will increase the pedestrian traffic within the area.
Please place this as an Emergencv Item for the City Commission Agenda of
November 16.2000.
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CAG KR/DRW/PC/pc
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MIAMI DAILY BUSINESS PREVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE NO. 12002
in the ............XXXXX ...................... Court,
was published in said newspaper in the issues of
Dec 29, 2000
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami.
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter a post office in Miami in said Miami -Dade
Coun Flo da, for a period of one year next preceding the
first ubiic ion of the attached copy of advertisement; and
affi t furt er says that she has neither paid nor promised
any rs , firm or corporation any discount, rebate, com-
mis 'on r refund for * purpose of securing this advertise -
men f publication if he said newspaper{ r A -
S rn to and suW.�7
me this
29 Decembe2000
f .. ✓.._
............,,.. ,," .... r..t..� .. `ll.
(SEAL)
Sookie Williams pers Hally know of LUMENA
N(YrARY P'UBUC $a E 01; FLORIDA
COMMISS!01sj 40. CC 917958
CITY OF MIAMI, FLORIDA
NOTICE OF PROPOSED ORDINANE
II interested persons will take notice that on the 14th of
2000, the City Commission of Miami, Florida=Adopted_-the-fol
ordinances:
,.
1'.fil(IEd�- K ,
ORDINANCE NO' 12000'`
ANi EMERGENCY ORDINANCE'OF'THE MIAMI CITY COM ,e'zi;
MISSION. AMENDING ORDINANCE NO. 1,1557,.AS AMEND- G s
ED, ADOPTED OCTOBER 14, 1997, WHICH ESTABLISHED
INITIAL RESOURCES AND APPROPRIATED FUNDS FOR A
SPECIAL REVENUE FUND ENTITLED: ."STOP. -VIOLENCE '
AGAINST .WOMEN," .TO INCREASE-.APPRORRIATIONS, _ IN
THE AMOUNT OF $60,092, CONSISTING OF A GRANT FROM
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN
THE AMOUNT OF $44;886 AND IWKIND. SERVICES MATCH
IN THE AMOUNT OF $15,206- AUTHORIZING THE CITY MAN-,
'. AGER TO: (1) ACCEPT SAID GRANT AND EXECUTE THE,
NECESSARY DOCUMENTS, IN' A FORM ACCEPTABLE TO
THE CITY ATTORNEY, (2) EXPEND MONIES FROM THIS ;
FUND FOR NECESSARY EXPENSES TOs.CONTINUE`THE
-0P.ERATION OF THE PROGRAM; AND.(3) EXECUTE. PRO-
,,.,FESSIONAL SERVICES AGREEMENTS WITH INDIVIDUALS,
r.IN;A FORM- ACCEPTABLE- .TO THE CITY ATTORNEY, FOR
THE PROVISION OF DOMESTIC;VIOLENCE SENIOR COUN-
SELOR(S)NICTIM ADVOCATE(S), IN AN ANNUAL AMOUNT
.,NOT TO EXCEED $44,886 FOR _AN :ADDITIONAL ONE (1)
YEAR PERIOD; FURTHER ALLOCATING- FUNDS IN THE
AMOUNT OF $15,206 FROM THE DEPARTMENT OF POLICE
GENERAL OPERATING BUDGET,FOR THE REQUIRED IN -
KIND MATCHING FUNDS; CONTAINING A REPEALER PRO-
VISION AND SEVERABILITY CLAUSE; -AND PROVIDING FOR
AN EFFECTIVE DATE.
ORDINANCE.NOO1200
AN -EMERGENCY ORDINANCE, FO -THE ; MIAMI CITY COM-
MISSION RELATING TO SIDEWALK AND STREET VENDING;
AMENDING CHAPTER 39, ARTICLE•II,-OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY ESTABLISHING
THE "BISCAYNE BOULEVARD SPECIAL VENDING DIS-
TRICT"; PROVIDING -DEFINITIONS; ESTABLISHING DIS-
TRICT BQUNDARIES; PROVIDING FOR -EXCLUSIVE VEND-
ING.FRANCHISE OPPORTUNITIES AND LOCATIONS; PRO-
VIDING'CRITERIA; PROVIDING FOR FRANCHISE FEES; ES-
TABLISHING PUSHCART .DESIGN CRITERIA AND REVIEW;
PROVIDING OPERATING REGULATIONS AND LIMITA-.
TIONS; 'PROVIDING FOR ENFORCEMENT, -REVOCATION
AND APPEALS; PROVIDING FOR HOLD HARMLESS AGREE-
MENTS, INSURANCE, TAX CERTIFICATES AND COMPLI-
ANCE WITH APPLICABLE LOCAL AND STATE REGULA-
TIONS; MORE PARTICULARLY; BY AMENDING SECTION 39-
26 AND ADDING;. NEW;,SECTION,-39-37.1 TO-SAID,,CODE; '
CONTAINING A REPEALER PROVISION AND A SEVERABILI-`
TY.CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
- ORDINANCE NO. 12003
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
ING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TO'CREATE AND ESTABLISH THE VIRGINIA KEY
BEACH PARK TRUST•(THE-"TRUST"); SET FORTH THE LE-
GAL DESCRIPTION OF VIRGINIA KEY BEACH PARK; DESIG-
NATE THE TRUST'S .JURISDICTIONAL AUTHORITY, SET
FORTH THE TRUST'S PURPOSE, POWERS,: AND DUTIES,
AND PROVIDE FOR COMPOSITION AND APPOINTMENTS,
TERMS OF OFFICE, VACANCIES, MEMBERSHIP ELIGIBILI-
TY AND ATTENDANCE REQUIREMENTS, OATH, QUORUM .
AND VOTING, MEETINGS, INDEMNIFICATION, ABOLISH-
MENT, AND., "SUNSET" REVIEW OF THE TRUST EVERY
FOUR YEARS; MORE PARTICULARLY BY AMENDING SEC-
TION 2-892 AND BY ADDING.A NEW ARTICLE, CONSISTING
OF SECTIONS 38-230 THROUGH 38-242 TO CHAPTER 38 OF _
THE CODE; CONTAINING AAEPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING. FOR AN EFFECTIVE
DATE.. - .
:1
•
ORDINANCE NO. 12004 I
kAUA EMERGENCY ORDINANCE OF THE MIAMI CITY COM- {
I' ISSION AMENDING •CHAPTERS 2 AND 53 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO RE-
DUCE THE.NUMBER.OF MEMBERS REQUIRED FOR A QUO-
RUM TO CONVENE A MEETING OF THE ORANGE BOWL AD-•-
�,` VISORY BOARD; AND MORE PARTICULARLY BY AMEND j
ING SECTIONS 2-887 AND 53-126 TO SAID CODE; AND CON- )
TAINING A REPEALERPROVISION'AND'A SEVERABILITY d
CLAUSE.
...ORDINANCE N0.,12006 ..
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND
ING CHAPTER 37 OF -THE CODE OF THE CITY OF MIAMI,'
FLORIDA, AS -AMENDED, ENTITLED :'OFFENSES -
MISCELLANEOUS" TO ADD A NEW SECTION TO MAKE IT
UNLAWFUL FOR A PERSON TO AGGRESSIVELY PANHAN-
DLE; MORE PARTICULARLY BY ADDING NEW SECTION 37-
' 6 TO SAID -CODE; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY. CLAUSE; AND°:PROVIDING-FOR AN
EFFECTIVE DATE.
ORDINANCE NO. 12007
AN ORDINANCE OF.THE MIAMI CITY COMMISSION AMEND-
ING THE FUTURE LAND USE MAP OF THE COMPREHEN-
SIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTY -LOCATED AT APPROXI-
MATELY 5932 NORTHEAST-2ND AVENUE, MIAMI, FLORIDA,..
FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO
"RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECT-
ING TRANSMITTALS, TO AFFECTED AGENCIES; CONTAIN-
ING A REPEALER. -PROVISION AND A SEVERABILITY'.
CLAUSE; AND PROVIDING FOR, AN EFFECTIVE DATE. i
ORDINANCE NO. 12008
AN ORDINANCE OF THE MIAMI.CITY COMMISSION AMEND- '
ING PAGE NO. 13 OF THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI. FLORIDA, ARTICLE 4,•SECTION 401,:
SCHEDULE, OF DISTRICT REGULATIONS,, BY CHANGING
THE ZONING°CLASSIFICATION -FROM R-3 MULTIFAMILY
• MEDIUM DENSITY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL FOR THE PROPERTY` LOCATED ATAPPROX-
=IMATELY 5932 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA,
CONTAINING A`REPEALER PROVISION,'A SEVERABILITY
`CLAUSE; AND,PROVIDING'FOR AN EFFECTIVE DATE.
ORDINANCE NO. 12009
AN ORDINANCE.OF THE MIAMI CITY COMMISSION AMEND
ING ORDINANCE N0..11000, AS AMENDED,. THE ZONING
ORDINANCE OF THE CITY.OF MIAMI. FLORIDA, BY AMEND-
'ING.ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, ARTICLE 9, 'SECTION 934, COMMUNITY
BASED' RESIDENTIAL .FACILITIES, AND ARTICLE 25, SEC-
TION.2502, SPECIFIC -DEFINITIONS, TO MODIFY PROVI-
SIONS RELATED TO COMMUNITY BASED RESIDENTIAL FA-
CILITIES; CONTAINING A REPEALER PROVISION AND SEV-
ERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE'.
ORDINANCE NO. 12010
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
ING ORDINANCE NO.-11000, AS, AMENDED,. THE ZONING
ORDINANCE OF -THE CITY OF,MIAMI. FLORIDA, BYAMEND-
ING ARTICLE 9, SECTION 916, INTERIM PARKING,TO MODI-
FY. PROVISIONS -RELATED TO INTERIM. PARKING; CON-
TAINING A REPEALER, PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 12011'
4N ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
ING ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI. FLORIDA, BY AMEND-
{ ING ARTICLE 9, SECTION 910, UNITY OF TITLE, TO ALLOW
I y ACCEPTANCE OF.A COVENANT IN LIEU OF A UNITY OF TI-
TLE • FOR" PROPERTIES ZONED :R.4 MULTI -FAMILY HIGH
DENSITY RESIDENTIAL; CONTAINING,A REPEALER PROVI-
SION AND SEVERABILITY CLAUSE; AND. PROVIDING" FOR
FFE AN ECTIVE DATE.
ORDINANCE NO. 12012
AN ORDINANCE OF THE MIAMI CITY COMMISSION'AMEND-
ING CHAPTER62/ARTICLE V OF. THE CODE. OF THE CITY
OF MIAMI; FLORIDA,, AS AMENDED, ENTITLED "ZONING -
AND PLANNING/APPOINTMENT OF MEMBERS AND ALTER-
NATE MEMBERS- OF THE' PLANNING ADVISORY BOARD
AND ZONING BOARD"; TO AMEND PROVISIONS RELATED
j `TO' COURTESY NOTICE 1FOR CONDOMINIUM ASSOCIA-
TIONS;;MORE PARTICUEARLY BY AMENDING SECTION 62-
I29(4)'OF•SAID CODE;, CONTAINING`A REPEALER(PROVI
SION'AND`A SEVERABILITY CLAUSEi'AND PROVIDING FOR
AN EFFECTIVE DATE: '.
,Said ordinances maybe inspected -by the'lpublic'at.theOffice of
the City Clerk, 3506'Pan American Drive, Miami, Florida, Monday
through Friday, excluding holidays, between the hours of 8 a.m.
and 5 p.m.
All interested persons 'may appear at the meeting and'may be heard
.with respect to the proposed ordinances. Should any person desire to ap-
peal any decision of the City Commission with, respect to any matter to be
considered at this meeting, that person shall ensure_ that a verbatim
record"of the proceedings is made including all testimony and evidence
upon which any appeal may be based.
L�t'i OF.S
-WALTER J. FOEMAN
a. -- CITY CLERK
(#9376)' _
I_ 12/29 00_4_64/.12007.0M