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HomeMy WebLinkAboutO-11169J-94-220B 7/26/94 ORDINANCE NO. 11169 AN EMERGENCY ORDINANCE, WITH ATTACHMENT, AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CHAPTER 39, ARTICLE II, ENTITLED "SIDEWALK AND STREET VENDORS", BY ESTABLISHING PROCEDURES FOR ASSIGNMENT OF VENDORS TO SPECIFIC VENDING ZONES IN THE COCONUT GROVE SPECIAL VENDING DISTRICT; PROVIDING FOR VENDING FRANCHISES, FRANCHISE FEES AND DISPENSATION OF SAID FEES; PROVIDING FOR REVOCATION; PROVIDING FOR LIABILITY AND INSURANCE; REQUIRING SALES TAX CERTIFICATE(S); MORE PARTICULARLY BY AMENDING SECTIONS 39-11, 39-17 AND 39-17.1; PROVIDING FOR REVIEW BY THE CITY COMMISSION SIX MONTHS AFTER EFFECTIVE DATE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the primary purpose of the public streets and sidewalks is for use by vehicular and pedestrian traffic; and WHEREAS, vending on the 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 public rights -of -way; and 'ATTAC1111Er, N T ( ) CON TAI12�ED 11169 WHEREAS, the large numbers of people utilizing walkways within the Coconut Grove Village Center require that Coconut Grove's undersized sidewalks (which are less than 8 feet wide) be secure from encroachments that would otherwise endanger pedestrians; and WHEREAS, Coconut Grove in general, and the Coconut Grove Village Center, in particular, is possessed of special historic and environmental character, the preservation of which necessitates the regulation of certain sidewalk vending activities generally consistent with regulations relating to outdoor vending on private property in the area; and WHEREAS, the relationship between the arts and their free expression as a part of the living environment is historically and currently recognized through the Special District zoning legislation presently in effect; and WHEREAS, the Coconut Grove Village Center, as defined and described in A Planning Study for Coconut Grove. 1974, and delineated in the "Village Center" portion of the SD-2 Zoning District of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, is a highly pedestrianized local service and specialty retail district directly adjacent to public or private schools; and WHEREAS, A Planning Study for CoconutlGrove. 1974, remains a viable, valid and useful planning tool for the Coconut Grove area, and is an essential element of the City's current Comprehensive Neighborhood Plan; and -2- 11169 WHEREAS, A Planning Study for Coconut Grove. 1974, and the City's Comprehensive Neighborhood Plan, as amended, are hereby incorporated herein by reference; and WHEREAS, it is the intent of the City Commission that the City maximize its return from commercial interest competing for the use of valuable public rights -of -way in the Coconut Grove Special Vending District; and WHEREAS, it is also the intent and purpose of herein competitive bidding and lottery provisions that vending zones in the Coconut Grove Special Vending District be assigned to eliminate ongoing civil discord and strife presently associated with the current system of vending zone occupation in the Coconut Grove Special Vending District; and WHEREAS, it is the intent of the City Commission that said vending zones be assigned as fairly as possible to all competing vendors; and WHEREAS, the regulations contained in this Ordinance do not prohibit pure speech or unduly impact First Amendment activities, but merely regulate activities within the public rights -of -way, commercial in nature; and WHEREAS, the City Commission adopted Motion No. 94-403 on June 9, 1994, indicating the basic provisions to be incorporated into revised vending regulations governing the Coconut Grove Public rights -of -way; and WHEREAS, the herein Ordinance reflects Motion No. 94-403 directives, and modifications directed during subsequent public hearings prior to and upon adoption; and -3- 1,1169 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 and its inhabitants to grant this amendment as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 thereto and incorporated herein as if fully set forth in this Section. Section 2. Article II, entitled "Sidewalk and Street Vendors", of Chapter 39 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:.1/ "CHAPTER 39 PEDDLERS, VENDORS, ITINERANT MANUFACTURERS, LOCKSMITHS AND TOOL GRINDERS ARTICLE II. SIDEWALK AND STREET VENDORS Sec. 39-11. Definitions. Food.... 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. -4- 1.1169 Person.... Vending.... Vending Year is defined as the one year calendar period from October 1st to September 30th. Sec. 39-17. Limitations within restricted =d, special vending districts. Sec. 39-17.1. Limitations within the Coconut Grove special vending district. Vending within the Coconut Grove Special Vending District shall be subject to all generally applicable rules and regulations in this article, including section 39-17, except as contrarily and specifically provided below: -5- (3) Vending Zones. (a) Quantity and location of vending zones. TIle number of vending zones shall not exceed ten (10). No vending shall be permitted in the Coconut Grove special vending district except within the extended sidewalk areas specifically designated on the official graphic attached hereto as "Attachment $Q", as amended. and herein referred to as the "Vending Ma'D." AddtttoirSubstitute locations may be approved by the director of the department of public works upon its -ter her & finding that such new vending zone(s) is in an unobstructed extended sidewalk area, is Unobstructed and otherwise satisfies all provisions of this article and other applicable regulations. Such substitutions shall be based on findings by the director (b) Limitations within vending zones. i. There shall be no more than one (1) vendor of aterchandtse permitted to operate from each vending zone. Each vendor Of Merchandtse shall be permitted to operate from only one ven zone and may not muve fruit, zo.Lie to zone on tile 'SaRte day. ii. Each vending zone shall approximate the size of one (1) permitted pushcart and shall be clearly marked on the sidewalk by the department of public works. iii. Vending pushcarts shall be at all times situated in a 'position with their longest side parallel to the street curb. -6- 11169 ii►�ii�raRM-79•t•r ten•=��i_[sw���s��a�r�rM 11..E Lottery. _7- 11169 -8- 11169 -9- 11169 t t • } - } - - • • - + trz 11169 alalication f • {I be directoror Vmv 4i t WO".Allil t t t.• t t -11- .1169 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 section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. Six (6) months from its effective date this Ordinance shall be the subject of a review by the City Commission to determine its efficacy. Section 6. By an affirmative vote of not less than four -fifths (4/5ths) of the members of the City Commission 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, and shall become effective without delay, as provided for in Section 7, below. Section 7. This Ordinance shall become effective immediately upon its adoption and publication. PASSED ON FIRST READING BY TITLE ONLY this 14th day of July , 1994. -14- 11169 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 26th day of July , 1994. ATT MA TY HIRAI CITY CLERK PREPARED AND APPROVED BY: JOEL E. MAXWELL DEPUTY CITY ATTORNEY M1098B/JEM/mis/osk/bss z4q*-4-wwm STLFPHEN P. CL RK, MAYOR APPROVED AS TO FORM AND CORRECTNESS: A. 'QU N I I I CITY AT EY -15- 11169 N 0 Ln 0 Ll- d J N Q GRAND FRANKLIN AV� 5 Q F= OTC to Q N > AVE. 4 — /, CMNUT GROVE VENDING See Attached Page 2 For Location Description i ZONE LOCATION 1 of 2 JUL- 8-94 FRI 14:32 PUBLI% WORKS FAX NO, 5796871 P.03 EXHIBIT "A" (Continued from Page 1) DESCRIPTION OF LOCATION FOR VENDIN6 ZONES 1- 25 feet north of Grand Avenue zoned right of way line. 2- On Grand Avenue 40 feet east of 3043 Grand Avenue. 3- On Grand Avenue adjacent to 3400 Main Highway. 4- In front of 3055 Fuller Street. 5- Across the street from 3055 Fuller Street. 6- In front of 3444 Main Highway. 7- On Main Highway adjacent to 3110 Commodore Plaza. 8- In front of 3485 Main Highway. 9- On Main Highway across the street from 3444 Main Highway. 10- In front of 2982 Grand Avenue. 2 of 2 EXHIBIT "A" 11169 JUL-2M4 WED J: JU NUULIU WUKQ rrin Iru. o Iouo i i 1, CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 25 Tu ` Honorable Mayor and Members of DATE: JUL 19 i994 FILE ; the City Commission sua►ecT : Emergency Second Reading Amendment to ".Sidewalk and Street FROM REFERENCES Vsandor_ D Ordinance CAS io ENCLOSURES: Ordinance Cif ages; RECOMENDATIONi it is respectfully recommended that the City Ccmwi.Ftsion adopt the attached ordinance amending Chapter 39 of the Code of the City of niami entities "Sidewalk and Street vendors" by establishing a lottery procedure un a 90,day rotational basis for assignment of vendors to specific vending =ones in the Coconut Grove Spacial Vending District and a requirement for liability insuranco and indemnification in favor of the City for any claims for property or personal, injury damages. BACKGNOUNDT Many of the sidewalks in the Coconut crova Vilinge Center are undersized (less than 8 feet wide) for the large number of people that utilize these walkways and, because of the narrow sidewalks, the number of vending zones are limited so that pedestrians are not endangered by oncroaohmenta. The popularity or Z5LZ:W1fft vending has caused an increase of the number of vendors dosiring to occupy the limited zones available. Reasonable regulation of street and sidewalk vending is necessary to protect the public health, safety and welfare. Vendors should be subject to reasonable restrictions, in under to protect the public interest, to iine the streets and sidewalks, proocrve the special historic and environmental character of the Vi.ilaga V ntar and maintain the highly pedestrianized local service and specialty retail district as described and defined in a A Planning Study �for Coconut Grove 1974 and the City's Compre ens ve Beig borhooa Plan. It is a oo necessary that the City maximize ILe z7wtuzn from commercial .interest competing for the use of valuable public rights -of -way in the Coconut Grove Special vending District. JUL-CJ-04 NEU 0, .iU r UDL l U WURNO MA LIU. J f Ouo i t C. UJ The attached ordinance will accomplish these goals by establishing a lottery procedure on a 90-day rotational basis for assignment of vendors to specitic vending zones as fairly as possible to all competing vendors. A vender shall not be pwrmitted to occupy the same vending zone for more than ono 90- day period during any vending year beginning October 1, 1994. 7n addition to this, all vendors shall be required to furnish liability insurance and indemnify the City for any claims for properly ux: personal injury damages. '1fie lottery assignment of the vending nonce will eliminate ongoing civil discord and strife presently associated with the mir.:ront systow of vending zone -occupation in the Coconut Grove Special Vending District. The regulations contained in this Ordinance do not prohibit pure speech and do not impact First Amendment activities but merely rogulate primarily a ,! , -rcial ac liv l t.y Lit the public right-of- way. in order to begin implementation of this lottery procedure on a 90-day rotational basis as efficiently as possible, it has become necessary that a stwuud rteadiag must take place before the month of August to alloy aufficient time to formulate the administrative procedure by ortcber 1, 1994. N MOTION WAS APPROVED BY THE COCONUT GROVE STANDING FESTIVAL COMMITTEE AT THEIR MEETING OF JULY 12, 1994: MOTION TO REQUEST THAT THE CITY COMMISSION SEGREGATE THE REVENUES GENERATED BY THE FRANCHISE FEES PAID BY VENDORS IN THE COCONUT GROVE SPECIAL VENDING DISTRICT TO BE UTILIZED IN THE EXISTING COCONUT GROVE SPECIAL EVENTS DISTRICT AND THAT THE COCONUT GROVE STANDING FESTIVAL COMMITTEE BE RESPONSIBLE FOR MAKING RECOMMENDATIONS TO THE CITY COMMISSION CONCERNING THE EXPENDITURE OF SAID FUND (FRANCHISE FEES) TO BE USED FOR THE BEAUTIFICATION AND MAINTENANCE OF PUBLIC PROPERTIES AND PUBLIC RIGHT OF WAYS. THERE ARE AREAS IN OUR COMMUNITY BADLY NEGLECTED BY THE CITY OF MIAMI BECAUSE OF LIMITED FUNDING WHICH WE ARE AWARE OF. WE ENVISION SPENDING THESE FUNDS ON PROJECTS SUCH AS: 1. REPLACE/REPAIR DECORATIVE STREET LAMPS 2. REPAIRING CONCRETE PLANTERS 3. LANDSCAPING AND MAINTENANCE, ETC. J-94-2 7/7/94 ORDINANCE NO. A ORDINANCE, WITH ATTACHMENT, AMENDING THE CO OF THE CITY OF MIAMI, FLORIDA, AS AME ED, CHAPTER 39, ARTICLE II, ENTITLED "SID ALK AND STREET VENDORS", BY ESTABL SHING PROCEDURES FOR ASSIGNMENT OF VENDORS TO SPECIFIC VENDING ZONES IN THE COCONUT GROVE SPECIAL VENDING DISTRICT; PROVIDING FOR VENDING FRANCHISES AND FRANCHISE EES; PROVIDING FOR REVOCATION; PROVIDING F LIABILITY AND INSURANCE; MORE PARTICULARLY BY AMENDING SECTIONS 39-11, 39-17 AND 39- 7.1; PROVIDING FOR REVIEW BY THE CITY CO ISSION SIX MONTHS AFTER EFFECTIVE DATE; CONTAINING A REPEALER PROVISION, A VERABILITY CLAUSE, AND PROVIDING FOR AN E ECTIVE DATE. WHEREAS, the primary purpo a of the public streets and sidewalks is for use by vehicular a pedestrian traffic; and WHEREAS, vending on the publ promotes the public interest by contr attractive pedestrian environment; and WHEREAS, reasonable regulation streets and sidewalks ting to an active and of sweet and sidewalk vending is necessary to protect the public he lth, safety, and welfare; and WHEREAS, vendors should be subject to reasonable restrictions in order to protect the public interest o use the streets and sidewalks as a public right-of-way; and I.C.•. I((&Ct WHEREAS, the large numbers of people utilizing walkways within the Coconut Grove Village Center require that Coconut Grove's undersized sidewalks (which are less than 8 feet wide) be secure from encroachments that would otherwise endanger pedestrians; and WHEREAS, Coconut Grove in general, and the Coconut Grove Village Center, in particular, is possessed of special historic and environmental character, the preservation of which necessitates the regulation of certain sidewalk vending activities generally consistent with regulations relating to outdoor vending on private property in the area; and WHEREAS, the relationship between the arts and their free expression as a part of the living environment is historically and currently recognized through the Special District zoning legislation presently in effect; and WHEREAS, the Coconut Grove Village Center, as defined and described in A Planning Study for Coconut Grove, 1974, and delineated in the "Village Center" portion of the SD-2 Zoning District of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, is a highly pedestrianized local service and specialty retail district directly adjacent to public or private schools; and WHEREAS, A Planning Study for Coconut Grove 1974, remains a viable, valid and useful planning tool for the Coconut Grove area, and is an essential element of the City's current Comprehensive Neighborhood Plan; and -2- WHEREAS, A Planning Study for Coconut Grove 1974, and the City's Comprehensive Neighborhood Plan, as amended, are hereby incorporated herein by reference; and WHEREAS, it is the intent of the City Commission that the City maximize its return from commercial interest competing for the use of valuable public rights -of -way in the Coconut Grove Special Vending District; and WHEREAS, it is also the intent and purpose of herein competitive bidding and lottery provisions that vending zones in the Coconut Grove Special Vending District be assigned to eliminate ongoing civil discord and strife presently associated with the current system of vending zone occupation in the Coconut Grove Special Vending District; and WHEREAS, it is the intent of the City Commission that said vending zones be assigned as fairly as possible to all competing vendors; and WHEREAS, the regulations contained in this ordinance do not prohibit pure speech or unduly impact First Amendment activities, but merely regulate activities within the public rights -of -way, commercial in nature; and WHEREAS, the City Commission adopted Motion 94-403 on June 9, 1994, indicating the basic provisions to be incorporated into revised vending regulations governing the Coconut Grove Public rights -of -way; and WHEREAS, the herein Ordinance reflects Motion 94-403 directives; and 9KZ 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 and its inhabitants to grant this amendment as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 thereto and incorporated herein as if fully set forth in this Section. Section 2. Article II, entitled "Sidewalk and Street Vendors", of Chapter 39 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:./ "CHAPTER 39 PEDDLERS, VENDORS, ITINERANT MANUFACTURERS, LOCKSMITHS AND TOOL GRINDERS ARTICLE II. SIDEWALK AND STREET VENDORS Sec. 39-11. Definitions. Food.... 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. -4- 9-.qTMUTT4 U15 &TIEW9 Person.... •. -. . - . . - . -. • - . 1 Vending.... Sec. 39-17. Limitations within restricted amd special vending districts. Sec. 39-17.1. Limitations within the Coconut Grove special vending district. Vending within the Coconut Grove Special Vending District shall be subject to all generally_ applicable rules and regulations in this article, including section 39-17, except as contrarily and specifically provided below: -S- (3) Vending Zones. (a) Quantity and location of vending zones. T11@ number of vending zones shall not exceed ten (10). No vending shall be permitted in the Coconut Grove special vending district except within the extended sidewalk areas specifically designated on the official graphic attached hereto as "Attachment BA", as amended and herein referred to as the "Vending Map." Addtbton Substitute locations may be approved by the director of the department of public works upon iris --or firer & finding that such new vending zone(s) is in an unobstructed extended sidewalk area, is unobstructed and otherwise satisfies all provisions of this article and other applicable regulations. Such substitutions (b) Limitations within vending zones. i. There shall be no more than one (1) vendor of merchandtse permitted to operate from each vending zone. Each vendor of aterchandtse shall be permitted to operate from only one vending' zone and way not move froin zone to zone on bhe SaMe day. ii. Each vending zone shall approximate the size of one (1) permitted pushcart and shall be clearly marked on the sidewalk by the department of public works. Iii, Vending pushcarts shall be at all times situated in a position with their longest side parallel to the street curb. W'M mot: ii��T�= r�r..s�i.a.a�-�n•s_-•�r.�saiia�raa�i z r r��1T� • t - iL Lottery. mm mm FIN- _ • R WIF--to f--j t - qfzp• t i —R�• • • -q• — —• R • R R ' • • — v R • — • — • • R •, it " 1{%. } } � • • -• } - • } : } • -11- 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 section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. Six (6) months from its effective date this Ordinance shall be the subject of a review by the City Commission to determine its efficacy. Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 14th day of July 1994. -13- PASSED AND ADOPTED ON SECOND AND FINAL READING this day of ATTEST: MATTY HIRAI CITY CLERK 1994. PREPARED AND APPROVED BY: oej �) )11 1 C. .GL'JL L E. MAXWEL D UTY CITY AT ORNEY JEM/mis/M1098B STEPHEN P. CLARK, MAYOR APPROVED AS TO FORM AND CORRECTNESS: ,A. ,QRMN �110 S, II 'CITY ATT R �Y -14- 0 J Q Q J GRAND N CHARLES AVE. FRANKUN AVE.` O Q 2 H AVE. • ZONE LOCATION • • 060mirl, 1 111211twein Ir N I 5/5-'R ORDINANCE NO. ORDINANCE, WITH ATTACHMENT, AMENDING THE DE OF THE CITY OF MIAMI, FLORIDA, AS NDED, CHAPTER 39, ARTICLE II, ENTITLED "S EWALK AND STREET VENDORS", BY EST A LISHING PROCEDURES FOR ASSIGNMENT OF VENDO S TO SPECIFIC VENDING ZONES IN THE COCONU GROVE SPECIAL VENDING DISTRICT; PROVIDI FOR REVOCATION; PROVIDING FOR LIABILIT AND INSURANCE; MORE PARTICULARLY BY AMENDING CTIONS 39-11, 39-17 AND 39-17.1; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DAT . WHEREAS, the primary urpose of the public streets and sidewalks is for use by vehicu r and pedestrian traffic; and WHEREAS, vending on the ublic streets and sidewalks promotes the public interest by ntributing to an active and attractive pedestrian environment; an WHEREAS, reasonable regulation f street and sidewalk vending is necessary to protect the public health, safety, and welfare; and WHEREAS, vendors should be subjec to reasonable restrictions in order to protect the public int est to use the streets and sidewalks as a public right-of-way; and WHEREAS, the large numbers of people utilizi walkways within the Coconut Grove Village Center require tha Coconut Grove's undersized sidewalks (which are less than 8 feet w de) be Sita M69 secure from encroachments that would otherwise endanger pedestrians; and WHEREAS, Coconut Grove in general, and the Coconut Grove Village Center, in particular, is possessed of special historic and environmental character, the preservation of which necessitates the regulation of certain sidewalk vending activities generally consistent with regulations relating to outdoor vending on private property in the area; and WHEREAS, the relationship between the arts and their free expression as a part of the living environment is historically and currently recognized through the Special District zoning legislation presently in effect; and WHEREAS, the Coconut Grove Village Center, as defined and described in A Planning Study for Coconut Grove, 1974, and delineated in the "Village Center" portion of the SD-2 Zoning District of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, is a highly pedestrianized local service and specialty retail district directly adjacent to public or private schools; and WHEREAS, A Planning Study for Coconut Grove, 1974, remains a viable, valid and useful planning tool for the Coconut Grove area, and is an essential element of the City's current Comprehensive Neighborhood Plan; and WHEREAS, A Planning Study for Coconut Grove, 1974, and the City's Comprehensive Neighborhood Plan, as amended, are hereby incorporated herein by reference; and -2- WHEREAS, it is the intent of the City Commission that the City maximize its return from commercial interest competing for the use of valuable public rights -of -way in the Coconut Grove Special Vending District; and WHEREAS, it is also the intent and purpose of herein competitive bidding and lottery provisions that vending zones in the Coconut Grove Special Vending District be assigned to eliminate ongoing civil discord and strife presently associated with the current system of vending zone occupation in the Coconut Grove Special Vending District; and WHEREAS, it is the intent of the City Commission that said vending zones be assigned as fairly as possible to all competing vendors; and WHEREAS, the regulations contained in this ordinance do not prohibit pure speech or unduly impact First Amendment activities, but merely regulate activities within the public rights -of -way, commercial in nature; 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 and its inhabitants to grant this amendment as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 -3- thereto and incorporated herein as if fully set forth in this Section. Section 2. Article II, entitled "Sidewalk and Street Vendors", of Chapter 39 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:l/ "CHAPTER 39 PEDDLERS, VENDORS, ITINERANT MANUFACTURERS, LOCKSMITHS AND TOOL GRINDERS * * * ARTICLE II. SIDEWALK AND STREET VENDORS Sec. 39-11. Definitions. Food.... Franchise is defined as the exclusive right to vend in a designated vending zone pursuant to the provisions of Section 39-17.1. Franchise Document or Franchise Permit is defined as a document provided by the director to evidence the right given pursuant to Section 39-17.1 to exclusively vend in a specified vending zone. Franchise Period is defined as the time, which shall be ninety (90) days, a vendor may be granted the franchise for a specific vending zone. Person.... l/ 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. -4- Planning Sticker is defined as the sticker issued the Planning, Building and Zoning Department uant to Section 39-17.1(7). Posted Notice Lottery is defined as a lottery with notice to be given solely by the posting of at least four (4) signs in each of the city's special and restricted zoning districts, with the exception of Arcade Vending Districts, at least ten (10) days prior to the lottery date. Vending.... Vending Year is defined as the one year calendar period from October 1st to September 30th. Sec. 39-17. Limitations within restricted and special vending districts. Sec. 39-17.1. Limitations within the Coconut Grove special vending district. Vending within the Coconut Grove Special Vending District shall be subject to all generally applicable rules and regulations in this article, including section 39-17, except as contrarily and specifically provided below: (3) Vending Zones. (a) Location of vending zones. No vending shall be permitted in the Coconut Grove special vending district except within the extended sidewalk areas specifically designated on the official graphic attached hereto as "Attachment EA." Additional and substitute locations may be approved by the director upon a finding that such new vending zone(s) is in an unobstructed embended sidewalk area, +-a unobstructed and otherwise satisfies all provisions of this Article and other applicable regulations. Such substitutions shall be based on findings by the director that such temporary or permanent relocation Is warranted on health and safety grounds, or necessitated by right-of-way improvement or -5- private or public construction activity. This graphic shall be the official vending zone locator for the district, and shall be kept in the office of the director, with copies furnished upon its adoption, and upon any amendment thereto, to the City Clerk and the Coconut Grove Neighborhood Enhancement Team (NET) office. (b) Limitations within vending zones. i. There shall be no more than one (1) vendor of merchandise permitted to operate from each vending zone. Each vendor of merchandise shall be permitted to operate from only one vending zone. and may not move from zone ii. Each vending zone shall approximate the size of one permitted pushcart and shall be clearly marked on the sidewalk by the Department of Public Works. iii. Vending pushcarts shall be at all times situated in a position with their longest side parallel to the street curb. (cZ Assignment of Vendors to specific Vending Zones. i. Franchise Rights 1. Vending in vending zones within this district shall be the subject of inquiries from licensed vendors willing to pay the City for the franchise right to vend exclusively from specific vending zones in the Coconut Grove Special Vending District, subject to applicable rules, regulations, ordinances and statutes governing vending. There shall be a franchise fee due of Two Hundred dollars ($200) per month, for a total of Six Hundred dollars ($600) per franchise period, for franchises. As a condition precedent to receiving a franchise, the total amount due for the -6- franchise period is to be paid in full. Payment shall be by cashier's check, bank certified funds, or money order payable to the City of Miami. Failure to tender required payment on the date of the lottery shall invalidate such award and vacate the vending 3•TYUM 2. Inquiry Procedures For purposes of determining the level of vendor interest and placing vendors on notice, the director shall issue an Invitation For Inquiries ("IFI") which shall inform the public of the availability of vending franchises in this vending district. The IFI for each new vending year shall be advertised in a newspaper of general circulation. Responses to the IFI ("Inquiries") shall be received and opened by the director the second week of September of each year, at the date, time and place set forth in the notice. If the number of inquiries for vending zones does not exceed twelve (12), the director may add up to two (2) additional vending zones to accommodate said number, if necessary, during the lottery. All regular and additional vending zones shall be awarded pursuant to the lottery provisions provided for below. However, such additional vending zones shall be for that specific vending year, and shall not be included the following vending year unless necessitated by inquiries generated by that vear's IFI. ii. Lottery. 1. The director shall establish and supervise a lottery system, supplemental to the provisions of this Article, whereby those persons possessing a valid and appropriate occupational license and Planning -7- Sticker to vend shall be chosen by lot for vending zones. 2. For all franchise periods subsequent to the initial franchise period of each vending year, and 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 in a posted lottery notice. There shall be at least one such posted lottery to select new vendors for each vending zone every ninety (90) days following the initial lottery of each vending year. 3. Utilizing the standards and criteria set forth in this Article the director may promulgate such reasonable rules, regulations and procedures as are necessary to effectuate this lottery and Vending Zone assignments process. 4. 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 or Coconut Grove Neighborhood Enhancement Team ("NET") official upon request. Failure to provide this document, along with a valid occupational license and the Planning, Building and Zoning Department sticker required by Section 39-17.1(7), shall be grounds for immediate removal of IM the pushcart from the vending zone and district, suspension of the franchise and initiation of occupational license revocation proceedings by the director. 5. 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. 6. 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 last for a continuous or cumulative period in excess of five (5) days of a franchise 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 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. 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 day(s) of -9- operation in the substitute 1--,4-;-- 7. Vending activity suspended pursuant to Section 39-18 or revoked due to unauthorized absence or violations shall not be the basis for any pro rata refund of a franchise fee. Contrarily, 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 proceedinus pursuant to this section shall include, as a condition precedent to participating, a copy of a appropriate valid occupational license and certification from the Planning, Building and Zoning Department that the pushcart which will be used in this district has been issued a planning sticker pursuant to Section 39- 17.1(7). (e) Unauthorized absence from a designated vending zone shall constitute a basis for suspension and revocation of a franchise document. Upon certification by the director that a vending zone has been unoccupied for a continuous period of five (5) days for reasons other than those mentioned in Section 39-17.1(3)(c)ii 6 or Section 39-13, the director shall notify the vendor of the director's intent to revoke the vendor's franchise unless clear evidence of proof of vending activity during the five (5) day period in question is provided to the director. Subsequent to ten (10) 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 reaward 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 provided in Section 54-118. (f) ruty iranunise incurring three (3) written notices of violation of this Article shall be the subject of the following franchise revocation proceedings: -10- 1. When violations occur, the franchisee shall be notified by the Director or Coconut Grove NET Office in person or via certified mail. First violation notice or citation shall be a reprimand; second violation notice or citation shall be a warning; 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 from the district for a period of one calendar year. 2. Revocations may be appealed in the same manner provided in Section 54- 118. An appeal shall not stay an order by the Director or Net Office to remove a pushcart from the district. , (7) No pushcart shall be in its designated vending zone before 4:30 p.m. on a weekday, or 10:00 a.m. on a Saturday and Sunday, and except for emergencies, shall not leave its designated vending zone until 2:00 a.m. of the following day. No pushcart is permitted to remain in its vending zone between 2:00 a.m. and 4:30 p.m. of the following weekday or between 2:00 a.m. and 10:00 a.m. on a Saturday or Sunday. A vending zone shall not be occupied exclusivel by a vendor until October 1, 1994. Fees collected under this subsection are declared to be franchise fees charged for the right to exclusive use of a portion of the public right-of-way, 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. (10) All franchise activitv in tk is issued for vendi 1 be valid for a -11- period of ninety (90) days, and shall expire on the expiration date shown on the franchise document and records of the director, or on September 30th, whichever comes first Upon such expiration the vendor's exclusive right to such vending zone shall terminate, and the vending zone shall once again be awarded pursuant to the lottery requirements of this Section. No vendor shall be allowed to occupy the same vending zone more than one franchise period during any vending year. �11) 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 vend exclusively, and the duration of such entitlement. (12) Liability and Insurance. (a) Prior to the issuance of a franchise document the vendor shall furnish the director with a 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. (b) Said vendor shall 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 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 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 forty-five (45) days' written notice to the risk management division of the department of finance, and the director of public works of the city at the address shown in the franchise document. -12- 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 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 shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this day of 11 1994. PASSED AND ADOPTED ON SECOND AND FINAL READING this day of ATTEST: MATTY HIRAI CITY CLERK , 1994. PREPARED AND APPROVED BY: L E. MAXWELL EF ASSISTANT CITY ATTORNEY JEM/mis/M1098A STEPHEN P. CLARK, MAYOR APPROVED AS TO FORM AND CORRECTNESS: 4o) 'V" A. Q Ul N J , I I CITY ATTO Y -13- FRANKLIN AVE. a g a Z } GRAND N > AVE KIW:N • ZONE LOCATION COCONUT GROVE VENDING ZONES 10fCt#g of tttmt MATTY HIRAI City Clerk August 26, 1994 Ms. Becky DeNeve Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. DeNeve: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11166 11169 11171 If I can be of any further assistance, please do not hesitate to call. Very truly yours, Valerie Gree ood Deputy Clerk Enc. a/s OFFICE OF THE CITY CLERK/ 35M Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610 40- ilia#g vf tttmt MATTY HIRAI City Clerk OFCQ.}4�P August 26, 1994 Louis Tomeo Court Operations Officer 1351 N.W. 12th Street, Rm 7-701 Miami, FL 33125 Dear Mr. Tomeo: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11166 11169 11171 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:vg Enc. a/s OFFICE OF THE CITY CLERK/ 35M Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610 �t#g of t�tmi MATTY HIRAI i 's City Clerk O�rO FVO August 26, 1994 Office of the State Attorney Attention: Rosemary Ricotta 1350 N.W. 12th Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11166 11169 11171 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:vg 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 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 Sookie VAIllams, 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 Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement ofNotice In the matter of CITY OF MIAMI, FLORIDA ORDINANCE NO. 11169 In the ............X.XXXX .................... Court, .. was published in said newspaper in the issues of Aug 19, 1994 Affiant further says that the said Miami Daily Business j Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, j each day (except Saturday, Sunday and Legal Holidays) and i 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 a Isement; and affiant further says that she has neither aid or promised any person, firm or corporation any disioujil, rebate, commission or refund for the purpose 1 of seciihniS this advertisement for publication in the said ,pewsp r. A _ A Sworn to and subsc bed before me this 19 t 94 ...... f ..... ......... .D. 19...... F IA NO AGA .. ................... NCfPA BLIC STATE OF FLORIDA (S L) CCS?d %Tk- NO. CC 172.03 ss�.sse ' • � N pttrsorta uhl�atks loft cl 4Ai aAiat%orAr - . <f�liIEAMMI 41,11 Nair"4 AMENDING Tim°+ W 'SIDE111fALK:AMbrtfiFA�' PiiOC FM- AS' : W SAI 7 l� t�11TE; COIK7'a EFF1813TWEIATIE. AN ENIEFIGIliNCY Pa 11011104, ADOFi APPIKIPRIATlOhM FRFsf3 + T4 PgOY1DE�F Aid fl �26,365 AS AP.11CAT". A1�1FM A=;X PT PRQ14t 1 CONT ,. � REI�E/Sff CLAUSL. A 't1RClMNt OF 11-1E 't' W Oi INE AMENDED; VONIUMM R16HTS-11111101111 '-Pf Ol -- I PHONES, TO MENTS TM PERMIT� OK FAO A. F�CSRJW D7l'tE� hAI/RM,�clCiic UM i3 OF ;LOAD" . , •lIM.7E1�Y; MW. MDI-�FIl1�.Y ,. �v ..o+oes`�rtlelX �f MI_�aQ IN '�� ' g1�;Eilr•TTilt fx'1'v' ItIE ItlEAT1411 F" i AiA�faD. alME i It. CITY OF MIIAMI. FLtflF"