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Home My WebLink AboutO-11212J-94-742 1/12/95 ORDINANCE NO. AN ORDINANCE, WITH ATTACHMENTS, RELATING TO STREET VENDING; AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CHAPTER 39, ARTICLE II, BY ESTABLISHING THE "DOWNTOWN MTAMT SPECIAL VENDING DISTRICT"; REPEALING SECTION 39-17 ENTITLED "LIMITATIONS WITHIN RESTRICTED VENDING DISTRICTS" IN ITS ENTIRETY AND SUBSTITUTING A NEW SECTION 39-17 ENTITLED "LIMITATIONS WITHIN DOWNTOWN MIAMI SPECIAL VENDING DISTRICT"; PROVIDING FOR INl'ENT; PROVIDING DEFINITIONS; ESTABLISHING DISTRICT BOUNDARIES AND DIVISIONS; PROVIDING FOR EXCLUSIVE VENDING FRANCHISE OPPORTUNITIES AND LOCATIONS; PROVIDING CRITERIA; PROVIDING FOR RISE LOCATION, FRANCHISEE SELECTION AND FRANCHISE FEES; ESTABLISHING PUSHCART DESIGN AND ACCESSORY CRITERIA AND REVIEW; PROVIDING OPERATING REGULATIONS AND LIMITATIONS; PROVIDING FOR ENFORCEMENT, REVOCATION AND APPEALS; REQUIRING HOLD HARMLESS AGREEMENTS, INSURANCE, TAX CERTIFICATES AND COMPLIANCE WITH APPLICABLE LOCAL AND STATE REGULATIONS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the primacy purpose of the public streets and sidewalks is for use by vehicular and pedestrian traffic; and WHEREAS, vending on public streets and sidewalks promotes the public interest by contributing to an active and attractive pedestrian environment; and WHEREAS, reasonable regulation of street and sidewalk vending is necessary to protect the public health, safety, and welfare; and WHEREAS, vendors should be subject to reasonable restrictions in order to protect the public interest to use the streets and sidewalks as a public right-of-way; and FPg �" Sri _N-TA11,1ED 11� �.2 WHEREAS, the large numbers of people utilizing the sidewalks within the Downtown Miami Central Business District require that said sidewalks be secure from encroachments that would otherwise endanger pedestrians; and WHEREAS, it is the City's intent that there be an equitable distribution of vending opportunities on public rights -of -way within the general downtown area, subject to reasonable restrictions; and WHEREAS, it is also the intent of the City to obtain a reasonable direct economic benefit from commercial interests competing for the use of valuable public rights -of -way within the downtown Miami by establishing a "Downtown Miami Special Vending District," hereinafter referred to as the "District"; and WHEREAS, it is also the intent and purpose of herein provisions that vending zones in the District be assigned as fairly as possible to all competing vendors to eliminate ongoing civil discord and strife presently associated with the current system of vending zone occupation within the Downtown Miami area; and WHEREAS, the regulations contained in this ordinance do not prohibit pure speech or unduly impact First Amendment activities, but merely regulate commercial activities within the public rights -of -way; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami in general, Downtown Miami and its inhabitants in particular, to establish this District as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CaJISSION OF THE CITY OF MUM, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this { Ordinance are hereby adopted by reference thereto and incorporated herein as j if fully set forth in this Section. 11212 Section 2. Article II, entitled "Sidewalk and Street Vendors", of Chapter 39 of the Code of the City of Miami is hereby amended by deleting the existing Section 39-17 in its entirety and substituting therefore an entirely new Section 39-17, to read as set forth below in Section 3 of this Ordinance. Section 3. Article II, entitled "Sidewalk and Street Vendors", of Chapter 39 of the Code of the City of Miami, Florida, as amended, is hereby further amended as follows:11 "CHAPTER 39 PEDDLERS, VENDORS, ITINERANT MANUFACTURERS, LOCKSMITHS AND 'POOL GRINDERS Article II. SIDEWALK AND STREET VENDORS Sec. 39-11. Definitions. Coconut Grove Special Vending District is defined.... DDA is defined as being the Downtown Development Authority of the City of Miami. Director is defined.... Downtown Miami Special Vending District is defined as all public rights -of -way within that area generally camnensurate with the boundaries of the Miami Downtown Development Authority, but more specifically described as that area bounded on the east by Biscayne Bay, except between Northeast 17th Street and Northeast 24th Street; on the north by the commercial corridors along Biscayne Boulevard from Northeast 17th Street to Northeast 24th Street; on the west by the Florida East Coast Railway fran Northwest 17th Street, Northwest 5th Street, then west along Northwest 5th Street to Northwest 3rd Avenue to West Flagler Street, then west along Flagler Street to the Miami River, then 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 and ellipses indicate omitted and unchanged material. 11212 -3- and on the 15th Roads but shall exclude the area comprising the Miami Arena S2ecial Vending District. Said district shall be subdivided into three areas for purposes of awarding franchises and setting yfranchise fees: "Area A," which shall consist of Flagler Street i between Biscayne Bay and the Miami River; "Areas B " which shall I consist of Northeast Northwest 1st Street and Southeast Southwest 1st Street between Biscayne Bay and the Miami River; and "Area C," which shall include those areas north and south of Areas B as follows: the northern segmnt of Area C shall consist of that area bounded on the south byNortheast Northwest 2nd Street on the North by Northeast Northwest 24th Street on the west by the Miami River and on the east by Biscayne Bay, but shall not include the area comprising the Miami Arena Special Vending District; the southern segment of Area C shall consist of that area bounded on the North by Southeast Southwest 2nd Street, on the east by Biscayne Bay, on the west by the Miami River and Southwest 3rd Street, and on the south by.Southeast Southwest 15th Road. Executive Director is defined as the Executive Director of the Downtown Development Authority of the City of Miami. Food is defined.... Franchise is defined as the exclusive right to vend in the ebeenut a Special Vending District pursuant to the provisions of sections 39-17 and 39-17.1. Franchise Document or Franchise Permit is defined as a document provided by the director or Executive Director to evidence the right granted pursuant to sections 39-17 and 39-17.1 to exclusively vend in a specified vending zone. lotteries, whieh shall be six months, a vender my be granted th riefi* to vend in the C-menut Gram Special Verding District. Franchise Period is defined as the time, which shall be one (1) year (except for the inaugural franchise period, which shall be seventeen (17) months) , a vendor may be granted the franchise for a specific vending zone, with the exception of the Downtown Miami Stnecial Vendina District, for which the franchise period Restaurant arcade vending zone is defined as.... bounded by N.B.M.W. 5th Street on the north, Biscayne mulevard the Right-of-way is defined as.... Qualified Vendor is defined as any vendor who successfully completes prequalification of his, her or its application for a vending zone; including pushcart certification and proof of all licenses and permits. Sec. 39-16. Vending prohibited in certain locations. Vending is prohibited in the following locations: (1) Within , Special Vending Districts and or restaurant arcade vending zones, except within designated vending zones of said areas des. Sec. 39-17. Limitations within the Downtown Miami Special Vending District. Miami Special shall be subject to all generally applicable rules and regulations in this Article except as contrarilv and specifically nrovided L1 No merchandise shall be vended or displayed other than: (a) Pre -packaged foods, as defined by 61C-4.009, Florida Administrative Code (1994), as amended, of the snack food type. ib Pre -Prepared Food (s) including, but not limited to: ice cream, baked goods, fresh fruit and the like. Un-Prepared Food(s) including, but not limited to: hot dogs, crepes and the like. Plants and Flowers including, but not limited to: fresh cut or dried flowers or hotted nlants -5- 11212 (2) Vending of merchandise shall be prohibited fran any type of vehicle or stand other than a pushcart of the specific types and construction shown and described on ccaposite "Exhibit B", attached hereto. Pushcarts satisfying said criteria may be purchased by the DDA utilizing fees collected from vending zone franchises and may be leased to the franchisees at lease rates to be determined by the DDA. Vendors shall not be precluded from using non-DDA provided equ4pmnt or pushcarts. However, said materials shall satisfy the above criteria and be inspected and certified by DDA as havinct complied with this section. 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 (1) folding chair or wooden stool of a tyke droved by the DDA. 141 No vendor or entity shall own, operate, hold or control an occupational license for more than one (1) pushcart in the herein district. Vending Zones. (a) Assignment of Vendors to Specific Vending zones. i. Franchise Rights 1. Vending in vending zones within the Downtown Miami Special Vending District shall be the subject of inquiries from duly licensed vendors willing to pay for the franchise right to vend exclusively from a specifically identified vending zone. subject to amlicable rules. regulations, ordinances and statutes governing vending. There shall be a monthly franchise fee of One Hundred and Fifty Dollars ($150) for Area A, Seventy - Five Dollars ($75) for Areas B, and Twenty -Five Dollars ($25) for Area C. As a condition precedent to the granting of a franchise, fifty percent (50%) of the total amount due for the entire franchise period shall be paid at the time the franchise is granted; the balance of the franchise fee shall be paid on or before the date constituting the midpoint halfway 11212 -6- P� through the franchise period. Payments shall be made by cashier's check, bank certified funds, or money order payable to the City of Miami.. Failure to tender required pa my_ents on the dates specified shall invalidate said franchise award and vacate the vending zone. Location of Vending Zones. i. There shall be a maximum of seventy-five (75) vending zones in this district, with twenty-five (25) allotted to each of those areas to be known as "A,n "B,n and Tea Vending zones shall be delineated by the DDA in cooperation with the public works department and the Downtown NET Office based upon the follawinq criteria: (1) Vending zones shall be located in areas where the sidewalk width is sufficient to acccmwdate regular zone a min= m of friction and pedestrian inconvenience. Vending zones shall, whenever possible, be located where the sidewalk and curb have been extended into the street forming a pedestrian peninsula. (3) Along the streets where the sidewalk does not meet the above criteria, vending zones may be located in areas of the sidewalk constricted in width by existing utility poles.. benches, sign posts, trees, and similar permanent obstructions. Vending zones shall conform to all limitations listed in section 39-16 except as contravened in this section. J51 Vending zones shall more than ten (10' linear frontage Priority shall be 9 areas near . street c nonresidential bui Said zones shall -7- to no If maior 1 Al2 N distance separation from one another of fifty (50) feet. ii. No Vending shall be permitted within the Downtown Miami Spec except within t specifically design map attached hereto A". Said vending m� be the official ven this district and office of the City copies being fumb Miami's Downtown Ne: Team (Nh office, 1 and the Director. iii. Substitute locations be considered an( ie siaewaix areas ited on the official as canposite "Exhibit ps, as amended, shall Sing zone locator for ;hall be kept in the Clerk with certified shed to the City of .ghborhood Enhancement he Executive Director amending said map may Executive Director on a case by case basis if such locations are in compliance with all provisions of this Article and other applicable regulations. The revised location map shall be immediately filed with the City Clerk and copies sent to the Downtown NET Administrator and the Director. iv. Vending zones may also be eliminated. V. Eliminations or substitutions shall be based on findings by the Executive Director or director that such action is warranted on health and safetv grounds, or necessitated by r or private or activity. jCj Lottery. construction i. The DDA shall establish and the Executive Director shall supervise a lottery system whereby those persons possessing, as conditions precedent to participating in the lottery, valid and appropriate state license(s) (upon required inspection(s), from the State of Florida Department of Business and Professional BWation Ffor sale of prepared food], and/or the State of Florida Department of Agriculture [for sale of prepackaged food], or their successor agencies), an occupational license, appropriate state and local sales 1 212 tax cex Certif ice chance fc The Exec Administz zone a ni on the Qualifiec placed j drawing l or her location for each vendor for At the conclusion o all franchise right franchises shall be subject to a new lottery. ii_. The DDA is authorized and directed to annually issue a "Notice of Street Vending Franchise Opportunities in Downtown Miami." Said notice for each franchise period shall be publicly advertised in a news pa r of general circulation approximately ninety (90) days prior to each Franchise Period 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 given, but shall be considered courtesy notice only. iii. Utilizing the standards and criteria set forth in this Article, the DDA may Icate(s) and DDA Pushcart m shall be publicly chosen by rending zones in this district. ve Director or Downtown NET >r shall assign each vending ar corresponding to a location wooriate Vendina Map. All an have their names liners for a public xtive Director or his to determine which as the vendinnzone the franchise mriod. to implement and of Zone a representative o Partnership. Iles, regulations be filed with the Clerk, and also made available at the DDA and the Downtown NET Office. iv. For vending zones which may become available during the franchise period due to abandonment or Executive Director or director's action, the Executive Director shall specify the date, time and place for the holding of a special lottery for such -9- 112ri 2 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 and immediately accessible at all times, and shall be displayed to a police officer, Code Enforcement officer or Downtown Miami. Neighborhood Enhancement Team ("NET") official upon request. Failure to immediately provide this document, along with a valid occupational license, the pushcart certification required by section 39-17(2), Sales Tax Certificate(s)_ required by section 39-17(16), and appropriate current state inspection license(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 Executive Director or NET Administrator. vi. Franchises awarded pursuant to this section shall be subject to section 39-13. 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 anv time deemed necessary by the citv comnission. 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 inractical to allow vending in that vending zone. Such suspension(s) which last for a continuous or cumulative period in excess of five (5) days of a franchise -10- 11- 212 w period shall result in a pro rata refund of the lottery franchise fee paid by the franchisee who is the subject of such suspension. 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 dispossessed may, if possible, be offered a substitute vending zone by the Executive Director without the necessity of lottery proceedings. Said new location shall be valid for the balance of the time remaining on the vendor's franchise document for that franchise period, or until the vendor's original franchise is again available, whichever date or event occurs first. If a substitute location is accepted by the vendor the refund shall be only for the actual days of suspended operation, and shall not include the assigned days) of operation in the substitute location. viii. Vending activity suspended or revoked due to unauthorized absence or other violations of this Article or otherwise violating the Code of the City of Miami, Dade 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. Limitations Within Vending Zones. 4 i. There shall be no more than one (1) vendor Permitted to operate within each vending j zone. Lel All participants in lottery proceedings pursuant to this section shall submit, as a condition precedent to participating, a copy of an appropriate valid oc ional license, certification from the DDA that the pushcart which is to be used in this district has been issued a document evidencing ccmpliance pursuant to section 39-17(2), Sales Tax Certification pursuant to section 39-17(16), and the appropriate state license pursuant to section_39-16(17)_. Unauthorized absence from a designated vending zone shall constitute a basis for suspension and revocation of a franchise document. Upon certification by the Executive Director or NET Administrator that a vending zone has been unoccupied for a continuous period of fifteen (15) days for reasons other than those mentioned in section 39-17(5)(c)(vii) or section 39-13, the Executive Director or NET Administrator shall notify the vendor of the intent to revoke the vendor's franchise unless clear evidence of proof of vending activity during the fifteen (15) day period in guPstion is provided to the Executive Director or NET Administrator. Subsequent to ten (10) day notice mailed by certified mail to the address shown on the vendor's lottery application form, the Executive Director shall conduct a hearing and may revoke the i 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 subiect to such revocation may appeal said decision in the same manner provided in section 54-118. An appeal shall not stay an order banishing a pushcart or franchisee. Lql Any franchisee incurring three (3) written notices of violation of this Article within a two (2) year period shall be the subject of the following franchise revocation proceedings: 1. When violations occur, the franchisee shall be notified by the Executive Director, his designee, 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 fran the district, and banishment of the violator from the district for a period of one calendar year. -12- 2. Revocations may.. be appealed in the s manner provided in section 54-118. appeal shall not stay an order to remove pushcart or banish a franchisee from t district. () All goods for sale other than those on display must stored within the structure of the pushcart and sha not be visible to the general public. It shall be unlawful for any vendor to use any not making device to solicit customers. 181 Pushcarts shall not be chained or otherwise affixed trees, light poles, sign stanchions or any oth object in the right--of-way. Pushcarts shall be required to be in their ven zone between the hours of 9:00 A.M. and 6:00 P.M. on weekday and between the hours of 10:00 A.M. and 6: P.M. on a Saturday or Sunday. (10) Vending shall be prohibited within eight (8) feet the entranceway to any building and within fifty M feet of the entranceway to any church, synagogue other place of worship. (11) No oPen flame cooking shall be permitted. (12) Vending zones under this ordinance shall not f< occupied exclusively by a selected vendor until May b 1995. (13) Fees collected under this subsection are f franchises granted for the exclusive right to use portion of the public right-of-way, and are addition to other permit fees and occupational lice taxes imposed by law. (14) All franchise fees collected pursuant to this secti shall be placed in a special account established f the "Downtown Miami Special Vending District" by t City of Miami's Director of Finance, and shall utilized exclusively by the Executive Director, u approval of the DDA Board of Directors, for t administration of this district, its manageme services and hase or re lacement of she and/or related i nt . J151 The Executive Director shall design and distribute those awarded a vending zone a franchise docume identifying the person or entity chosen by lotte the suecific location where said person or entity x am he er din e An be ll se to g OYJ PR A o or nt r a zn nse on he be pon he nt arts to 's r r; to be allowed to vend exclusively during the vending period, and the duration of such entitlement. (16) Subsequent to the initial lottery, all franchise documents issued for vending activity within the District shall be valid fora period of one (1) year. Prior to the expiration date (September. 30th of each Year), vending zones shall once attain be awarded pursuant to the Lottery requirements of this Section. The reallocation and assignment of vending zones shall become effective on October 1st of each year and no vendor shall be allewed to occupy the same vending zone for two (2) consecutive franchise periods_. (17) 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 Executive 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. (18) Liability and Insurance. (a) Prior to the issuance of a franchise document, the vendor shall furnish the Executive Director with a signed statement that said vendor shall hold -harmless and indemnify the city and DDA and their 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. (b) Prior to the issuance of a franchise document,_ said vendor shall also furnish proof of and maintain such public liability and property damage from all claims and damage to property or bodily injury, including death, which may arise from or in connection with operations under the franchise document and associated occupational license. Such insurance shall provide coverage of not less than one million dollars ($1,000,000.00) for bodily injury, and property damage respectively per occurrence. Such insurance shall be without prejudice to coverage otherwise existing and shall name as additional insured the city and DDA and their officers and employees, and shall further provide that the policy shall not terminate or be cancelled for any reason, prior to the completion of the franchise period without forty-five (45) days' written notice to the Risk Management Division of the Department of Fire -Rescue or its successor, the -14- 11212 ,14 Executive Director and the Director of Public Works of the city at the addresses shown in the franchise (19) Sales Tax Certification. Prior to the issuance of a franchise document, the vendor shall also furnish original evidence of a valid Certificate of Resale or equivalent document from the Florida Department of Revenue and Metropolitan Dade County, if applicable, evidencing that the vendor and the specific vending activity authorized by said franchise document have been permitted 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. (20) 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 insioection, by the State of Florida Department of Regulation (for vending State of Florida regul Florida Department of "prepackaged food," as regulations). and Professional food," as defined by for the State of ture (for vending oy State of Florida Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 5. If any section, part of this section, paragraph, clause, i phrase or word of this Ordinance is declared invalid, the remaining provisions i of this Ordinance shall not be affected. Section 6. This Ordinance shall become effective 30 days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 17th day of Navember , 2 PASSED AND ADOPTED ON SECOND AND FINAL READIM BY TITLE ONLY this ---_i2th _ day of January 1995. Wl= a W.0 HEXHIBIT "A" ERN ....... ..... Em .......... .. . . ..... ........... 440 M =M-7-!m mm M ME Im m 9w HER Qjg BE MEE �1110E HE 00 i�� BEE 0 mm =U7. MEE JE BE 71 ........... 'WRQ M=m: R W— . . . . . . . . . . . . . . . . ............ .. . . . ........... ..... EME . ........ Ens HERE BE FEE .. .... ...... n x I ........ ............. .... .. 74%; ............ ON :1A ..... . . . . . . . ERE& W-WINC .;k.: FM r## _,Amt pt'; -1 ............ ............... -a 7.i NIP i ... ...... ....... ..... ......... BISCAYNE ...............• ...... .............. ..... BAY . ...... ... ..... M. N .. m, N . . . . . . . . . . . . . . G. .......... ....... ... ......... ... .... ........ mmm ............ ......... M i RM *�W ......... . ....... .. ... ............ ... ....... ............. R : ............. .... ................ ...... .. W- ....... ...... Area A..... ffBffi.... . ......... ............. . . . . . . . ............... ....... ........... 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Zone; Approximate Location: Al N.W. 2nd Ave. on West Flagler St., N.E. corner, 10 feet from the P.I. from the B/S. A2 N.W. 2nd Ave. on West Flagler St., S.E. corner, 32 feet from the P.I. from the B/S. A3 N.W. 2nd Ave. on West Flagler St. (mid block), S.E. corner, 235 feet from the P.I. from the B/S. A4 N.W. 1 Ave. on West Flagler St., N.W. corner, 135 feet from the P.1 from the B/S. A5 N.W. 1 Ave. on West Flagler St., N.W. corner, 35 feet from the P.I. from the B/S. I� A6 West Flagler St. on S.W. 1st Ave., S.W. corner, 15 feet from the P.I. from the B/S. A7 West Flagler St. on N.W. 1st Ave., N.E. corner, 15 feet from the P.I. from the B/S. A8 N.W. Miami Ct. on West Flagler St., N.W. corner, 10 feet from the P.I. from the B/S. A9 N.W. Miami Ct. on West Flagler St., N.E. corner, 10 feet from the P.I. from the B/S. A10 N. Miami Ave. on West Flagler St., N.W. corner, 10 feet from the P.I. from the B/S. All S. Miami Ave. on West Flagler St., S.W. corner, 25 feet from the P.I. from the B/S. Al2 In front of & between the property lines of 3-5 East Flagler St., north side A 13 In front of & between the property lines of 49-63 East Flagler St., north side A14 East Flagler St. on N.E. Ist Ave., N.W. corner, 35 feet from the P.I. from the B/S. A 15 N.E. I Ave. on East Flagler St., N.E. corner, 10 feet from the P.I. from the B/S. A16 In front of 133 East Flagler St., south side EXHIBIT "A" DESCRIPTION OF LOCATIONS FOR VENDING ZONES 13 trmv R•� Z=: Approximate. Location: A17 East Flagler St, on S.E. 2nd Ave., N.W. corner, 40 feet from the P.I. from the B/S. A18 N.E. 2nd Ave. on East Flagler St., N.E. corner, 30 feet from the P.I. from the B/S. A19 N.E. 2nd Ave. on East Hagler St., S.E. corner, 60 feet from the P.I. from the B/S. A20 In front of 245 East Flagler St., north side A21 S.E. 3rd Ave, on East Flagler St., S.W. corner, 10 feet from the P.I. from the B/S. A22 N.E. 3rd Ave. on East, Flagler St., N.W. corner, 10 feet from the P.I. from the B/S. A23 S.E. 3rd Ave. on East Flagler St., S.E. corner, 130 feet from the P.I. from the B/S. A24 N.E. 3rd Ave. on East Flagler St., N.E. corner, 20 feet from the P.I. from the B/S. A25 Biscayne Blvd. on East Flagler St., S.W. corner, 15 feet from the P.I. from the B/S. P.I. = Point of Intersection; B/S = Back of Sidewalk 6 of 10 ''�� N EXHIBIT "A" DESCRIPTION OF LOCATIONS FOR VENDING ZONES 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, Survey Division. Zone: Approximate Location: 131 N.W. 2 Ave. on N.W. 1 St., S.E. corner, 20 feet from the P.I. from the B/S. 132 N.W. 1 Ave. midblock on N.W. 1 St., S.W. corner, 160 feet from the P.I. from the B/S. B3 N.W. 1 Ave. on N.W. 1 St., S.W. corner, 30 feet from the P.I. from the B/S. B4 N.W. 1 Ave. on N.W. 1 St., S.E. corner, 30 from the P.I. from the B/S. B5 On Robert F. Clark Plaza on N.W. 1 St. and N.W. 1 Ave., north side 136 N.W. Miami Ct. on N.W. 1 St., S.W. corner, 10 feet from the P.I. from the B/S. 137 N.W. 1 St. on N. Miami Ave., N.E. corner, 20 feet from the P.I. from the B/S. B8 N.E. 1 St. on N.E. 1 Ave., N.W. corner, 50 feet from the P.I. from the B/S. B9 N.E. 1 Ave. on N.E. 1 St., N.E. corner, 80 feet from the P.I. from the B/S. B 10 N.E. 1 St. on N.E. 2 Ave., N.W. corner, 40 feet from the P.I. from the B/S. BI 1 S.E. 2 Ave. on N.E. 1 St., S.E. corner, 35 feet from the P.I. from the B/S. B12 N.E. 3 Ave. on N.E. 1 St., S.W. corner, 10 feet from the P.I. from the B/S. B13 S.W. 1 Ct. on S.W. l St., S.W. corner, 5 feet from the P.I. from the B/S. B14 S.W. 1 Ave. on S.W. 1 St., N.W. corner, 130 feet from the P.I. from the B/S. B15 S.W. I Ave. on S.W. 1 St., N.E. corner, 10 feet from the P.I. from the B/S. B16 S.W. l Ave. on S.W. 1 St., S.E. corner, 10 feet from the P.I. from the B/S. B17 S. Miami Ave. on S.E. I St., S.E. corner, 10 feet from the P.I. from the B/S. 7of10 1t'12 IN W EXHIBIT `°A" DESCRIPTION OF LOCATIONS FOR VENDING ZONES u Zone: Approximate Location: B18 S.E. I St. on S.E. 1 Ave., S.W. corner, 10 feet from the P.I. from the B/S. B19 S.E. I Ave. on S.E. I St., N.W. corner, 10 feet from the P.I. from the B/S. B20 In front of & between the property lines of 60-79 S.E. 1 St., north side B21 S.E. I St. on S.E. 2 Ave., S.E. corner, 20 feet from the P.I. from the B/S. B22 10 feet east from the property address 251 S.E. I St. B23 10 feet west from the property address 200 S.E. 1 St. B24 S.E. I St. on S.E. 3 Ave., N.E. corner, 20 feet from the P.I. from the B/S. B25 Biscayne Blvd. on S.E. 1 St., N.W. corner, 50 feet west from the P.I. from the B/S. P.I. = Point of Intersection; B/S = Back of Sidewalk 8 of 10 11212 EXHIBIT "A" DESCRIPTION OF LOCATIONS FOR VENDING ZONES District Boundary; r St. between and tb Miami Rand S. to District Boundary 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, Survey Division. Zone: Approximate Location: Cl. N.W. 2 St. on N.W. 2 Ave., N.E. corner, 15 feet from the P.I. from the B/S. C2 N.W. 1 Ave. on N.W. 2 St., S.E. corner, 10 feet from the P.I. from the B/S. C3 N.W. 2 St. on North Miami Ave., S.W. corner, 30 feet from the P.I. from the B/S. C4 N.E. 2 St. on N.E. 1 Ave., S.W. corner, 15 feet from the P.I. from the B/S. C5 N.E. 2 Ave. on N.E. 2 St., S.E. corner, 30 feet from the P.I. from the B/S. C6 N.W. 2 St. on North Miami Ave., N.W. corner, 15 feet from the P.I. from the B/S. C7 North Miami Ave. on N.E. 3 St., S.W. corner, 20 feet from the P.I. from the B/S. CS N.E. 3 St. on N.E. 2 Ave., N.W. corner, 30 feet from the P.I. from the B/S. C9 N.W. 4 St. on N.W. 2 Ave., N.E. corner, 10 feet from the P.I. from the B/S. C10 N.W. 4 St. on North Miami Ave., N.W. corner, 20 feet from the P.I. from the B/S. C11 N.E. 4 St. on N.E. 1 Ave., S.E. corner, 10 feet from the P.I. (line extended) from the B/S. C 12 N.E. 4 St. on N.E. 2 Ave. on the P.I. of the center line of N.E. 4 St. and the B/S on N.E. 2 Ave. C13 N.E. 14 St. on N.E. 2 Ave., N.W. corner, 20 feet from the P.I. from the B/S. C14 N.E. 15 St. on N.E. 2 Ave., S.W. corner, 10 feet from the P.I. from the B/S. 9 of 10 EXHIBIT "A" DESCRIPTION OF LOCATIONS FOR VENDING ZONES _LU. 77 + _ _+► one; Approximate Location' C15 Biscayne Blvd. on N.E. 15 St., S.W. corner, 50 feet from the P.I. from the B/S. C16 Biscayne Blvd. on N.E. 17 Terr., S.E. corner, 5 feet from the P.I. from the B/S. C17 The intersection of N.E. Bayshore Dr. on N.E. 17 Terr. in line with center line of N.E. Bayshore Dr. on the B/S. C18 Biscayne Blvd. on N.E. 19 St., N.E. corner, 5 feet from the P.I. from the B/S. C19 S.E. 2 St. on S.E. 3 Ave., N.E. corner, 30 feet from the P.I. from the B/S. C20 Biscayne Blvd. on S.E. St., S.W. corner, 50 feet west from the P.I. from the B/S. C21 S.E. 7 St. on Brickell Ave., N.E. corner, 20 feet from the P.I. from the B/S. C22 S.E. 8 St. on Brickell Ave., N.E. corner, 60 feet from the P.I. from the B/S. C23 Across from 999 S.E. Bayshore Dr., west side C24 S.E. 12 St. on Brickell Ave., N.E. corner, 15 feet from the P.I. from the B/S. C25 S.E. 14 St. on Brickell Ave., N.E. corner, 10 feet from the P.I. from the B/S. P.I. = Point of Intersection; B/S = Back of Sidewalk 10 of 10 IV Volvl -.dSY� {`n j(J{� Y ��t ��%�'�� t is` � �,V :/ G16e4A✓ 11 ,s.., _. ... EXHIBIT 111311 1 Of 4 19 �`�MM'�1d t✓,�{ 1�� '�'�`�lo�Z t;'' . �� N�,P'citk t��iG�i Gl.�,pctJt,lt�+�oJ ,ptNri 't�U1�t�rt!/t'f`7''�' X r; � '�Ot� GP��.� ht►u�� 'Q�i \, Pell CAI ' f EXHIBIT "Big 2of4 coo', EXHIBIT "B" 3 of 4 i 'C� p lPQAOeq -(o i vttJ�L- oK�G�t UDC. t .EXHIBIT "B I' 4 of 4 0 JUL-10-1995 13:28 DDA MIAMI 305 3712423 P.02/02 DOWNTOWN DEVELOPMENT AUTHORITY Baysitle Plaza Building 330 Biscayne Boulevard Penthouse Miami, Florida 33132 Tel.. (305) 679.6075 Fax", (305) 371-2423 July 10, 1995 Mr. Walter Foeman City of Miami City Clerk 3500 Pan American Drive Miami, Florida 33133 Dear Walter, At the City Attorney's request, for your files below you will find the Lottery Procedures for vending in the Downtown Special Vending District: • To participate in the lottery, all applicants must have turned in: * City of Miami Occupational License * Metro Dade County Occupational License * State of Florida Licenses, if applicable * State and Local Sales Tax Certificate * DDA Cart Certification Letter O All applicants must complete the Vending Zone Preference form indicating the preferred zones with four alternatives. • At the time of the lottery, the Vending Zone Preference form will be placed in a container for public drawing. • Zones shall be assigned to vendors based on their preference and availability as determined by the tottery. • Upon the awarding of the vending zone, vendors will acknowledge that they have received their designated location and agree to adhere to the rules and regulations set forth in the City of Miami UerdinanceNo, Jim. If you any questions, please give me a call. Director PA/vIl TOTAL P,02 JUL-10-95 MON 1:127 705 7719d�Z p �� CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 2 TO : DATE : DEC � 2 �9y4 FILE Honorable Mayor and Members of the City Commission Sidewalk & Street suaiECT: Vendors Ordinance/ Second Reading FROM : C e s i o REFERENCES : F o r Commission Meeting Cit ager of January 12, 1995 ENCLOSURES: Proposed Ordinance ,W RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached ordinance, as amended on second reading, with attachments, amending Chapter 39 of the Code of the City of Miami entitled "Sidewalk and Street Vendors" by establishing a "Downtown Miami Special Vending District;" establishing district boundaries and divisions; providing for exclusive vending franchise opportunities and locations; providing criteria for participating in the franchise award process; providing for franchise locations, selection and fees; establishing pushcart design and review; providing for vending operating regulations and limitations; providing for enforcement; requiring hold harmless agreements, insurance and tax certificates; and containing a repealer provision, severability clause and providing for an effective date. BACKGROUND: Since the City Commission meeting of July 26, 1994, the Downtown NET Service Center, in cooperation with the Department of Public Works and the Downtown Development Authority, has been developing proposed legislation to reasonably regulate vending on public right-of-ways to protect the public health, safety and welfare while contributing to an active and attractive pedestrian environment. The intent of the attached ordinance is to achieve a balance between the fair use of public right-of-ways within the downtown area by vendors, subject to reasonable restrictions; the requirements for heavily used sidewalks to be secure from encroachments to protect pedestrians; and, a reasonable return to the City from commercial interests competing for the use of valuable public right-of-ways. 11212 . mil/ Honorable Mayor and Members ' of the City Commission Page Two A technical analysis of each vending zone was performed by the Department of Public Works and criteria established to site the recommended locations for vending zones (refer to attached memorandum). The regulations contained in the attached ordinance do not prohibit pure speech or unduly impact First Amendment activities, but merely regulate commercial activity in the public right-of-ways. The attached ordinance, adopted by first reading at the City Commission of November 17, 1994, reflects the following: -- Expanded district boundaries to encompass the three areas shown on the map included as Exhibit "A." The proposed boundaries include Brickell and Omni in addition to the downtown commercial core area. A total of approximately 60 designated vending zones within the district (a decrease from 83) to be occupied by one pushcart per zone -- A minimum 8 ft. (an increase from 5 ft.) clearance from the entranceway to any building to the location of a vending zone -- Review of the design and construction of each pushcart for conformance to uniform design guidelines and standards (refer to Exhibit "B") -- The exclusive right to occupy a vending zone by licensed vendors willing to pay the City a franchise fee for such right -- Establishment of a franchise fee for each of the three areas within the district --'-A franchise period of one year Establishment of a fair and objective system to select and assign vendors to designated vending zones -- Indemnification of the City and insurance coverage by vendors of not less than $1 million for bodily injury and property damage per occurrence which may arise from vendor operations `• - I:Enforcement of all vendor code regulations Honorable Mayor and Members ' of the City Commission Page Three As a result of negotiations between the vendors and the City, it is recommended that the attached ordinance be amended on second reading as follows: -- A reduction of $900 per year in the franchise fee established for Areas A, B and C as consideration for vendors obtaining required insurance and appropriate City, County and State licenses. Accordingly, the monthly franchise fee for Area A shall be $125 ($1500/yr.); Area B shall be $75 ($900/yr.); and, Area C shall be $25 ($300/yr.). -- Establishment of a minimum 50 ft. distance between each vending zone -- A provision for vending zones not to be occupied exclusively by a selected vendor until March 1, 1995. In order to restore proper management, fairness, pedestrian safety, protection of the public's health and welfare, and enforcement procedures to downtown vending activities, it is recommended that the attached ordinance, as amended, establishing the "Downtown Miami Special Vending District" be adopted on second reading by the City Commission on January 12, 1995. e CITY OF MIAMI, FLORIDA ` INTER -OFFICE MEMORANDUM To: Honorable Mayor and Members of the City Commission DATE : NOV 3 1994 FILE Amendment to SUBJECT: Sidewalk and Street Vendors Ordinance FROM: Cesar O REFERENCESFior Commission Meeting City of November 17, 1994 ENCLOSURES: 0 Emergency Ordinance RECOMMENDATION: It is respectfully recommended that the City Commission adbpt the attached emergency ordinance, with attachments, amending Chapter 39 of the Code of the City of Miami entitled "Sidewalk and Street Vendors" by establishing a "Downtown Miami Special Vending District;" establishing district boundaries and divisions; providing for exclusive vending franchise opportunities and locations; providing criteria for participating in the franchise award process; providing for franchise locations, selection and fees; establishing pushcart design and review; providing for vending operating regulations and limitations; providing for enforcement; requiring hold harmless agreements, insurance and tax certificates; and containing a repealer provision, severability clause and providing for an effective date. BACKGROUND: At the City Commission meeting of July 26, 1994, the Downtown NET Service Center, in cooperation with the Department of Public Works and the Downtown Development Authority, was directed to review the vending operations within the downtown commercial business district and prepare revised legislation to reasonably regulate vending on public right-of-ways to protect the public health, safety and welfare while contributing to an active and attractive pedestrian environment. The intent of the attached ordinance is to achieve a balance between the fair use of public right-of-ways within the downtown area by vendors, subject to reasonable restrictions; the requirements for heavily used sidewalks to be secure from encroachments to protect pedestrians; and, a reasonable return to the City from commercial interests competing for the use of valuable public right-of-ways. F1 Honorable Mayor and Members of the City Commission Page Two A technical analysis of each vending zone was performed by the Department of Public Works and criteria established to site the recommended locations for vending zones (refer to attached memorandum). The regulations contained in the attached ordinance do not prohibit pure speech or unduly impact First Amendment activities, but merely regulate commercial activity in the public right-of-ways. The attached ordinance reflects the following major revisions: -- Expanded district boundaries to encompass the three areas shown on the map included as Exhibit "A." The proposed boundaries include Brickell and Omni in addition to the downtown commercial core area. -- A total of approximately 60 designated vending zones within the district (a decrease from 83) to be occupied by one pushcart per zone _-- A minimum 50 ft. distance between each vending zone - A minimum 8 ft. (an increase from 5 ft.) clearance from the entranceway to any building to the location of a vending zone -- Review of the design and construction of each pushcart for conformance to uniform design guidelines and standards (refer to Exhibit "B") -- The exclusive right to occupy a vending zone by licensed vendors willing to pay the City a franchise fee for such right -- Establishment of a franchise fee for each of the three areas within the district -- A franchise period of one year -- Establishment of a fair and objective system to select and assign vendors to designated vending zones -- Indemnification of the City and insurance coverage by vendors of not less than $1 million for bodily 'injury and property damage per occurrence which may t a.rise from vendor operations i --�Enf"orcement of all vendor code regulations Honorable Mayor and Members of the City Commission Page Three A Public Meeting was held with the downtown vendors on August 3 1 s t , 1994, at the Downtown Development Authority to discuss proposed code revisions. Approximately 65 individuals attended. Subsequent meetings were held on October 24th and November 2nd, 1994. In order to restore proper management, fairness, pedestrian safety, protection of the public's health and welfare, and enforcement procedures to downtown vending activities, it is recommended that the attached ordinance establishing the "Downtown Miami Special Vending District" be adopted by the City Commission on November 17, 1994. This item was deferred from the City Commission meeting of October 27, 1994. OCT-25'94 TUE 14:14 PUBLIC WORKS FAX N0, 5796871 P,02 �. .. ,M. , - ,r I CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM T0: .CitarManagero y 9 rao!�a Waldemar Lee Assistant City Manager DATE : October 26, 1994 FILE : SUWECT: Analysis of Vendor Zone Locations in the Downtown Area REFERENCES: For Proposed Vendor Code Ordinance ENCLOSURES: At the City Commission meeting of July 26th, 1994, the administration was directed to review the street and sidewalk vendor sections of the City Code as it relates to the vending activities within the downtown core area and present its recommendations in the form of proposed legislation. Since that date, the Department of Public Works has been working in conJunction with Downtown NET and the Downtown Development Authority to prepare an ordinance that is scheduled on the City Commission agenda of October 27th, 1994. The Department of Public Works has performed a technical analysis of the 83 existing vending zones (spo.ts). In order to achieve a reasonable balance between vending operations. security of our public right-of-ways from encroachments, and the safety of the enormous number of downtown pedestrians, it is recommended that the number of zones be decreased to approximately 60. The following criteria was used to establish the recommended locations for vending zones; �- A minimum distance of 50 ft. between each vending zone is necessary to reasonably regulate street and sidewalk vending in order to protect.the public health, safety and welfare. -- A minimum clearance of 8 ft. from the entranceway to any building to the location of a 'vending zone in order to keep pedestrian sidewalks free from obstruction and to protect the public interest to use the streets and sidewalks as a public right -of -way. -- A minimum clearance of 5 ft. from any approved permanent facilities in occupied public sidewalk area such as fire hydrants, crosswalks, existing police kiosks, newstands, mailboxes, bus benches, waste receptacles. and traffic signs, has been, set in order to establish pedestrian safety. MATTY HIRAI City Clerk , � - i,�� CESAR H. ODIO �� City Manager ��'' 06 March 7, 1995 Ms. Becky DeNeve Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. DeNeve: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11211 11212 If I can be of any further assistance, please do not hesitate to call. Very truly yours, Valerie Puyans Deputy Clerk Enc. als i m OFFICE OF THE CITY C,l FRK/ Wki Pan 4mvr;r n _ . . •- . MATTY HIRAI City Clerk \ (LCt#g Of �taxnt March 7, 1995 CESAR H. ODIC) City Manager Louis Tomeo Court Operations Officer 1351 N.W. 12th Street, Rm 7-701 Miami, FL 33125 Dear Mr. Tomeo: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11211 11212 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk PBY: > DEPUTY CLERK RECEIVED BY: DATE: MH:vp Cat"# of MATTY HIRAI City Clerk 1 IA J ti March 7, 1995 Office of the State Attorney Attention: Rosemary Ricotta 1350 N.W. 12th Avenue Miami, FL 33136-2111 CESAR H. ODIO City Manager Dear Ms. Ricotta: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11211 11212 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk BY: DEPUTY CLERK RECEIVED BY: DATE: MH:vp Enc. a/s OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O, Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610 A MIAMI DAILY( BUSINESS REVIEW Published Daily except Saturday. Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is the SuervisorLegal Notices of the Miami Daily Business Review Vkia�Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade being acounty�Legal Advertisement of Notice IFlorida; that the attached n the matter of lofement, CITY OF MIAMI ORDINANCE NO. 11212 Inthe ....................... .................... Court, was published Iri said newspaper in the Issues of Feb 27, 1995 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the sold newspaper has he been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person -Arm or corporation any dlscou , rebate, commissio the purpose of secu g t advertiseme t p iicat{ n in the said news per ................................ I ......... ............ Sworn to and subscribed before me this 5 27 February ......-day of ................................................... -0 ^r!¢�Q;19 ...... (SEAL) : t Octelma V. Ferbeyre personally knowi8 •OFy•• L !f! �!!!iO'LOTAARSSAL h�}IB Cpt,{msslQt O c, 1� 1"6 MY COMMiS51D Fs E IL GA No Aii timer Qd °person :Yvhi take Mtari tea pn iF� i th dad f'�Ianuay, i99s 'the 6ity Cbmmissionaot mhQ, a ti0.,�a)iotiring,tf(if�d; t } Ol(�I�nae8 9 u ¢ i'p. ANEMERGENCY bRbW�ANCESTABLiSIIIN� A NEVyePEC)AL R1:1%NUE FUND EI�TI`tl BDit DAD DD�INTY S OI�ANT AWARD ; (FQ 85j•, APPROPRIATINf�FIINpSFO1T ,1iS OP(jAiiON' IN TNI TOTAL AMOUNT OF $25d 880, CONSiSTiIVQ OF A $188,�Bf3 GRANT! APPORT10NE0 �Bl� f�lET t�POLI (ANK b60E i',WUNT of "'t5141�'t}iE STATE OP , FLQRIpA 1.1 M M4 t ..., .T Q., REHIAWL`ITAJIVE SERVICES Y DI~J TFiE `FLORIDA� Be M)=DICAL §EFiVICE� GRA (3�. p COUI ES�i S88 T9d iN CARI151-0�AER "FONb. �" �� bf> I VI S` tul� 'dRAt�T AWAEiDS; ,AU�liOR12(1G THE C T1 1'OJT, x o", 6C EPT 8AID GRANT AND TQEN'fER"11�i0'LE1iER tiK,Ib)~Rs'�l�IV,3 TH(E PLOFDt,bSPARTtuIENT pF FI �a,iSIEIj TIV SERVjCE6 ANDiOR, METROPOT�A",�'UTY,ANF ACGEP`i'AB�.E�,"f0 THEE?,CITsY�A„ ry apA(>s1'�""AND'��u��E�C��T APPLICABLE CITY;CiJQEtPROVISipt�CONTAINIt�C"1��i P1LE PAOVISI0�1 ACID SEVERABiLITY CLAUSlrY:,t�' al,stp A. ;c AN OF DINdNCE ,4�AENDI G` IE O�6! OFfTj YCi�Y'dF�'MIAMI FLi�RIDA; A$ AMENbED EREBIA, MR' Ai' 1'jvCRE I Gvi p ESTAf3CISHING THiE'%VERT01WN ACb1�1$ :., 1�'+'BbARD§('BdI�R�IY)+t(2f SETTING FORTH( PROCE )U1 If1 l LECIibjCa' iEM SRS; If BOARD, (3 PFtQ ., DIN FQ R IS O "OF fCE �Ar;A 1CiE$ AMI ,REMOVAL'OF (ulE�+11kRS; (AP f)�/IbINGOS7AFF SUi?QORT A1VD REiMBURSEME(J'T i 01=•rBOARD �F�)�PEI�S'i:S,:(s) t RECiUiRliSt3� FINANCIAL , DISGL"O$UE, +(l3)`- E TAAL(SiING'k THE iBOAfl�;S+ POWER$, DUNES AND�I UTHC TY;y{7 'SEiTINQ;PO iTH;-WA4 PBt?C%EEDItCS, �AND<8) SRSCiNbINGk+iN THEiR E TIIE�if RESOL�1iION = NO BB46 MD"':RSOL`l�Tl�"NO✓�Fr�38�, CONT.AINt(1G,�'A�rREPEAt2E�4,x� R�10Y,ISiCJV ti,ANQ�A�$��Rf�iUJY CLgUSEi AND PROYIRIN¢ FOR? AN EFFECTIVE RATE, PR VI i FOR INCLUSION IN TH�(ECITY CODE AN :ORDINANCE Wi. NTS ING TO STEEET VENDINQ, AMENDING THE CODE OF THE CITYsQF (JlIAMiiFLORDA,. AS*ANE(V6RDiR�jA('„lER�39, ARTICLE 11, BYFESTABUSNING THE' DOWNTOWN aM1AMr' SPECIAL :VENDING pIsTR{cr,; :REp1=ALINO, SECTION t 3917 ,ENTiT(.EQ rLi(v11TAT1ONS 1I1i1jlillVRESTII1CTEd, ; VENDNNf DiSTRIG S" 1N ITg tiTiRE(Y 1ND Si B�4Tl�UTII�G A NEW ? SEC]`IO�`139fW ENTi ED''LiMiT�4TlONS 1NiT�1f{ DOW(JTOUIN MIAMI I SPECIAL t�E�lt)iNG CiiSTI�ICr, PNOVIDitf3 FOR INTENT, PROVIDINQ; DEFINITIONS; CsESTABLI HIND il DISTRICT, UNDARIjIE6` AND. D{Vi$ION$r;Q0ViFRXCUSIIDINRING FRANCHISE OPPORTU(ITi�S AND LOCATIONS, PIiOVI (NG�, CftITER1A,' PROV(D1NlQR FRANCHISE LOCATION,: FRANCHISEE SEl ECT10N ANDF:FRAIJCHiSF, FEES�t BLOW, PUSHCA (T �DE$If3N'VtNR ACC $SORY ;CRITERIA AND 'Rir1tIE1�V, .PROVIDING,OPEFIATt Q, REGULATIONS`AND LIMIITATION$, PROVIDING FOR ENFIFtCEME�J Pt; iEVOCATION�s'AN,D APPEALS REQUIIifNG+'Hbf:DF{AAIMtESS AGFiEEMENTS4,,I"$URANCE TAX CERTIFICATES AND C PI.fAN}CE WITM`AP?l IABI E LOCAL A1ND STATE fEGULf�T1pN8; t01 T�}INR A, HEQE�t: ({ PR,OV,ISIQN, SEVERABILiTY;CLAIISE,;ANQ pRd DiN4d FORAEfFEIA►E Sal prdinaps Ina be inspected by thasubiia avlie� Qjtic� o Atha t�ity: Clerk,:35f)D Pan Am�can Df#va, Miami, Flo da, Monday thro'g� Fdayi; excll�dfng holidays, betvyeef►hours of 8 a m s;nd B p m 4 Ai , 3, ow ) �' ; 8B-4iQ227.98M k,.