HomeMy WebLinkAboutO-11045J-93-1
1/20/93
11045
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY DELEGATING TO
THE CITY MANAGER OR HIS/HER DESIGNEE, THE
AUTHORITY ON SPECIAL OCCASIONS AND FOR
SPECIAL EVENTS OR PROGRAMS TO: (1) PERMIT THE
DISPENSING OF BEER AND/OR WINE IN SOFT
CONTAINERS IN CITY PARKS AND ON PUBLIC
STREETS AND SIDEWALKS, AND (2) APPROVE THE
CLOSURE OF STREETS AND SIDEWALKS FOR SAID
OCCASIONS, EVENTS OR PROGRAMS, SUBJECT TO
FAVORABLE RECOMMENDATION BY THE DEPARTMENTS
OF POLICE, FIRE, RESCUE AND INSPECTION
SERVICES AND, IF APPLICABLE, PUBLIC WORKS,
FOR THE ISSUANCE OF ALL REQUIRED PERMITS;
MORE PARTICULARLY BY AMENDING
SECTIONS 38-49.1, 54-12.1 AND 54-3 OF SAID
CODE; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission receives numerous requests from
special events organizers seeking permits to dispense beer and/or
wine in City parks and/or on public streets and sidewalks of the
City for special events and programs and/or to close certain
designated City streets or sidewalks to vehicular or pedestrian
traffic for said events and programs; and
WHEREAS, the City Commission wishes to delegate to the City
Manager its authority, as provided in Section 3(ee) and 3(gg) of
the Charter of the City of Miami, Florida, as amended, the
granting of permits to dispense beer and/or wine in City parks
and/or on public streets and sidewalks in the City for special
events and programs, and to close City streets and sidewalks to
vehicular or pedestrian traffic for said events or programs; and
WHEREAS, the City Commission, at its November 12, 1992 City
Commission Meeting, instructed the City Attorney to draft
appropriate enabling legislation for the delegation of said
authority;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings set forth 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. Section 38-49.1 of the Code of the City of
Miami, Florida, as amended, is hereby amended in the following
particulars:J/
"Sec. 38-49.1. Sale or dispensing of beer and/or wine
for special events or programs in City
parks.
(a) Notwithstanding any provisions in the City
Code of the City of Miami, Florida, to the contrary,
the City Ooimutsston Manager or his/her designee, on
special occasions and for special events or programs,
may permit by resolatton special permit the dispensing
of wine or beer in soft containers in any City park.
Such resulatt special permit shall establish any
special conditions which shall apply to said dispensing
which shall be cumulative and in addition to all other
conditions imposed by state and local laws and
regulations.
Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
11045
-2-
(b) Notwithstanding any provision in the City
Code of the City of Miami, Florida, to the contrary,
the City Manager or his/her
designee, on special occasions and for special events
or programs, are ia hereby authorized upon execution of
the application/permit form as attached [Note: the
form is not set out in this code], to permit the sale
or dispensing of wine or beer in soft containers in the
following City parks:
(1) Bayfront Park
(2) Bicentennial Park
(3) FEC Property
(4) Jose Marti Park
(5) Peacock/Myers Park
(6) Watson Island Park
(7) Virginia Key Park
Section 3. Section 54-12.1 of the Code of the City of
Miami, Florida, as amended, is hereby amended in the following
particulars: 2/
"Sec. 54-12.1. Carrying or drinking from open glass or
metal containers in certain areas during
outdoor cultural, etc., festivals; or
from business establishments during
same; use of glass or metal containers
by vendors during same; restrictions on
sale of alcoholic beverages during same -;-
(A) The activity described in paragraphs (1), (2)
and (3) hereof shall be unlawful during the time period
Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
11045
-3-
of events which are the subject of permits issued
pursuant to section 54-3 and occupational licenses
issued pursuant to section 31-10:
(1) It shall be unlawful during any open air outdoor
cultural, art, folk or street festival described
above for any person to carry, drink or eat from
any open glass or open metal container, as defined
below, in or on any public street, sidewalk, park,
playground, square, or unenclosed public place in
or within two (2) blocks of the area authorized by
permit or license for such event.
(2) (a) It shall be unlawful for owners or operators
of business establishments located in or
within two (2) blocks of the area authorized
for any such event described above knowningly
to allow any person to leave the premises
carrying an open glass or open metal
container.
(b) It shall be unlawful for operators of vending
stands, as defined below, located in or
within two (2) blocks of the area authorized
for any such event described above to
dispense food or beverages in glass or metal
containers.
(3) It shall be unlawful during any such event
described above for anyone to sell or dispense
alcoholic beverages, as defined in section 561.01,
Florida Statutes, upon any public street,
sidewalk, park, playground, square, or unenclosed
public place, within the proscribed area, other
than from a location specified for sale or
dispensing of such alcoholic beverage and so
identified in the application for such event or
request for such license or permit.
(B) Notwithstanding any provisions in the Citv
11045
-4-
(fW) The sponsors of all open air, outdoor
cultural, art, folk, or street festivals shall
incorporate provisions in all their agreements with
vendors for their respective events setting forth the
requirements of this section.
(Cp) For purposes of this section, the following
definitions shall apply:
(1) Open glass container is any receptacle made of
glass whose seal has been broken, or whose
contents are exposed to the air.
(2) Open metal container is any receptacle made of
metal whose seal has been broken, or whose
contents are exposed to the air.
(3) Vending stand is any table, showcase, bench, rack,
pushcart wagon, or any wheeled vehicle or device,
motorized or not, used for displaying, storing, or
transporting articles offered for sale by a
vendor.
(4) Vendor is any person engaged in the selling, or
offering for sale, of food, beverages, services or
merchandise from a stand or motor vehicle or from
his person.
(DF,) The person, firm, organization or corporation
obtaining a permit or license under sections 31-10
and/or 54-3 shall distribute to affected establishments
at least two (2) notices of this section describing the
provisions hereof and the specific boundaries and time
periods, for posting by such business establishments.
These notices may be obtained from the office of the
City Clerk or such other location designated by the
City Manager, and shall read as follows:
NOTICE
Pursuant to Ordinance No. 9777 (Miami, Florida,
Code Sec. 54-12.1 (1984):
It shall be unlawful to drink or eat from any open
glass or open metal container during certain open-air,
outdoor cultural, art, park or street festivals in or
within two (2) blocks of the authorized area for such
event.
It shall be unlawful for owners or operators of
business establishments or vending stands located in or
within two (2) blocks of the area authorized for the
event described below knowingly to allow any person to
_5_ 11045
leave the premises carrying an open glass or open metal
container in the case of a business establishment, or
to sell or dispense food or beverages in glass or metal
containers in the case of a vending stand.
"Open glass container" is defined in the ordinance
as any receptacle made of glass whose seal has been
broken, or whose contents are exposed to the air.
"Open metal container" is defined in the ordinance
as any receptacle made of metal whose seal has been
broken, or whose contents are exposed to the air.
EVENT, EFFECTIVE DATES(S), TINES)
AND AFFECTED AREA
Event:
Day(s):
Time
The provisions of this ordinance shall be
effective during the above -described event and day(s)
in the area bordered by:
North:
South:
East:
West:
(EF-) The owner of every business establishment
which sells beverages in glass containers in or within
two (2) blocks of the area described in an application
for a permit or licensed for any event, as described
above, shall post two (2) notices of this section in
his business establishment in conspicuous locations
visible to his patrons during such event. Failure to
post such notices shall be unlawful."
Section 4. Section 54.3 of the Code of the City of
Miami, Florida, as amended, is hereby amended in the following
particulars:3/
3/ Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
11045
"Sec. 54-3. Permit required to obstruct or close
street or sidewalk or impede traffic;
fees; waiver of fees.
(a) No person shall obstruct. = close. or cause
to be obstructed or closed any street or sidewalk in
this City or impede the general movement of vehicular
or pedestrian traffic without first having obtained a
permit from both the Police and Fire, Rescue and
Inspection Services Departments. In the case of
special events and festivals, an additional permit must
also be obtained prior to the event/festival from the
Department of Public Works. The Departments of Police,
Section 5. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provision of
this Ordinance are hereby repealed.
Section 6. 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 7. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 9th day of
February 1993.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 11th day of March 1993.
ATT ST XAVIER SUARE2, MAYOR
4
MATT HIRAI, CITY CLERK
11045
Mfo
PREPARED AND APPROVED BY:
IRMA M. ABELLA
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
ran sii�r.
M970/IMAVbjr/bss
11045
no
TO
FROM
CITY OF MiAW FLORIDA
INTER -OFFICE MEMORANDUM
The Honorable Mayor and
Members of the City Commission
Cesar H. Odi
City Manager
RECOMMENDATION:
DATE : FEB 11993 FILE :
7
SUBJECT: Ordinance Authorizing City
Manager to Close Streets &
Issue Permits for the Sale of
REFERENCES: Beer & Wine for Special Events
ENCLOSURES:
It is respectfully requested that the City Commission adopt the
attached Ordinance amending the City Code by delegating to the
City Manager or his/her designee, the authority on special
occasions and for special events or programs to: 1) permit the
dispensing of beer and/or wine in soft containers in City parks
and on public streets and sidewalks, and 2) approve the closure
of streets and sidewalks for said occasions, events or programs,
subject to favorable recommendation by the Departments of Police,
Fire, Rescue and Inspection Services, and if applicable, Public
Works, for the issuance of all required permits.
BACKGROUND:
In accordance with the City Commission's instructions at its
meeting of November 12, 1992, the City Attorney has drafted the
attached legislation delegating to the City Manager the
Commission's authority with regard to street closures and the
sale of beer and wine for special events and festivals.
11045
7 -/
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1�
MATTY HIRAI
City Clerk +rJ 190.1 ;;'*" r
9GE �`O
co F�,O
March 23, 1993
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:
11042 11043 11044 11045
If I can be of any further assistance, please do not hesitate to
call.
Very trulyPZ
Valerie Greenwood
Deputy City Clerk
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330706/Miami, Florida 33233-0709/(305) 250-5360
QJ,tv of t�xmt
N OF
MATTY HIRAI
City Clerk S LO"" e
March 23, 1993
Mrs. Priscilla Domenech
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mrs. Domenech:
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:
11042 11043 11044 11045
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
—-----------
D UTY CITY C ERK
RECEIVED BY:
DATE•
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 3307M/Miami, Florida 33233-07oe/(305) 2W5360
Ct#� II� �t�tmt
OE
MATTY HIRAI
City Clerk
OErO..FV��
March 23, 1993
Katherine Fernandez Rundle, Esq.
State Attorney
1351 N.W. 12th Street
Miami, FL 33125
Dear Ms. Rundle:
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:
11042 11043 11044 11045
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
B Y : _
DEPUTY —CT ERK
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
L'
MIAMI 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 Williams, who on oath says that she is the Vice
President of Legal Advertising of the 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 of Notice
In the matter of
CITY OF MIAMI
ORDINANCE NO. 11045
X X X
Inthe ......................................... Court,
Was published in said newspaper in the issues of
March 30, 1993
Affiant further says that the said Miami 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, each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
secon class mail matter at the post office in Miami in said
Dad nty, Florida, fora period of one year next preceding
the rst ublication of the attached copy of advart
isement; and
atfi t f her says that she has neither paid nor promised any
pe on, Irm or corporation any discount, rebate, commission
or of d for the punpose of securing this advertisement for
pu I tion in tta said newspaper.
Sworn to and subscribed before me this
30.th day of ....
(SEAL)
Bookie Williams personally known
0FW1AL NOTARY SEAL
CRISTINA INGELMO
COMMISSION No. CC101061
MY COMMISSION iXP. APR 5,19ttli
CITY OF WAN% RLOMDA
All Interestedpersonswith take notice that on the 11th day of
kUrch,'1993, the City Commission of Mfami, Florida, adopted the
following titled ordirlanceb:
011111004ANCE NO.11fY1Q .
AN EMERGENCY ORDINANCE ESTABLISHING EIGHT_(8)
NEW SPECIAL REVENUE FUNDS ENTITLED: "JTPA TITLE
[/OLDER WORKER (PY'92)", "JTPA TITLE IIAINEIGHBOR-
HOODS JOBS PROGRAM (PY'92)", "JTPA TITLE
111"EMERGENCY" JOBS.(PY'92)", "JTPA TITLE II STAY -IN
SCHOOL PROGRAM (PY 92)", "DHR&RCA (PY'92) „JTPA
TITLE III HURRICANE ANDREW -RETRAINING- PROGRAM
-
(PY'92)", "JTPA TITLE'IIB SUMMER YOUTH EMPLOYMENT
AND TRAINtNG PROGRAM (PY'92)" AND "OFFICE OF:
INTERGOVERNMENTAL. LIAISON (PY'92)" AND APPRO-
PRIATING FUNDS FOR OPERATION OF -EACH COMPONENT
IN THE RESPECTIVE AMOUNTS OF $19,392, $767,399,
$233,480, $14,385, $58,W, $900,000; i8815,000, AND $W,000
FROM U.S. DEPARTMENT OF LABOR GRANT AWARDS;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE
AFOREMENTIONED GRANT AWARDS AND ENTER INTO THE
NECESSARY AGREEMENTS, -IN A FORM ACCEPTABLE TO .
THE CITY ATTORNEY, WITH THE SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM; CONTAINING
A REPEALER PROVISION AND A SEVERABH-ITY CLAUSE.
ORDINANCE NO. 11041
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED: "DADE COUNTY EMS GRANT AWARD
(FY'93)" AND APPROPRIATING FUNDS FOR ITS OPERATION
IN THE TOTAL AMOUNT OF $223,937, CONSISTING OF A
$136,703 GRANT APPORTIONED BY METROPOLITAN DADE
COUNTY FROM THE STATE OF FLORIDA DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES UNDER THE
"FLORIDA EMERGENCY MEDICAL SERVICES GRANT PRO-
GRAM FOR COUNTIES AND $87,234 IN CARRY-OVER FUND
BALANCE FROM PREVIOUS EMS GRANT AWARDS;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE
AFOREMENTIONED GRANT AWARD AND ENTER INTO THE
NECESSARY LETTER OF LINDERSTANDING_WITH THE .
FLORIDA DEPARTMENT OF AEALTH AND REHABILITATIVE
SERVICES ANDIOR METROPOLITAN DADE COUNTY, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY AND SUB-
JECT TO APPLICABLE CITY CODE PROVISIONS;
CONTAINING A REPEALER PROVISION AND A SEVERABIL-
ITY CLAUSE.
ORDMNANCE N0. 11042
AN ORDINANCE AMENDING SECTION'2=422(bk1) OF THE
CODE OF THE CITY OF MIAMI', FLORfDA, AS AMENDED,
BY .REOUIRING THAT,THE TERM OF THE'CTTY COMMIS
STONER SERVING AS CHAfRPERSON,OF THE INiTERNA-
TIONAL TRADE BOARD BE REVIEWEDSY-T-NE:CITY COI-
MISSION ON OR ABOUT JUNE 1ST OF EACH CALENDAR
YEAR, RESULTING IN THE SELECTION OF A NEW CHAIR-,-:
PERSON OR THE REAPPOINTMENT OF -THE; .EXNSTHJG
CHAIRPERSON; CONTAINING A REPEALER PROVISION,
SEVERASILMY CLAUSE AND PROVIDING FOR AN.EFFE
TIVE DATE.
ORDINANCE N0.110A3
AN ORDINANCE AMENDING SECTION'14.2*X1) OF.THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED;
BY REQUIRING THAT THE TERM .OF THE CITY COMM*
SIGNER SERVING AS CHAIRPERSON -OF THE DOWNTOWN.
CRY eyOMMLSStOFI 01k701' Aflt3T° Ni1TiE fBT iP EACI '
CALENDARt YEAR, RESU 3.114 S IN THE'SELECTION OF A
NEW CHAIRPERSON OR THE REAPPOINTMENT -OFTHE
EXISTING C14AIRPERSONi CONTAINING A NEPEALER PRO-
VISION, SEVERA$ILJTY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE. -
Page 1 of 2
ORDINANCE NO.' 11Q44
AN ORDINANCE AMENDING SECTION 38-73 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CON- ,
CERNING THE BAYFRONT "DARK MANAGEMENT TRUST,
BY PROVIDING THAT A CITY COMMISSIONER, APPOINTED
BY THE CITY COMMISSION, SHALL SERVE EX'OFFICIO AS
A VOTING MEMBER AND CHAIRPERSON OF THE
BAYFRONT PARK MANAGEMENT TRUST, FOR A TERM OF
OFFICE AS PROVIDED BY RESOLUTION, WITH SAID TERM
TO BE REVIEWED BY THE CITY COMMISSION ON OR
ABOUT JUNE-1ST OF EACH CALENDAR YEAR, RESULTING
IN THE SELECTION OF A NEW CHAIRPERSON OR THE
REAPPOINTMENT OF THE EXISTING CHAIRPERSON;
CONTAINING A REPEALER PROVISION, SEVERAB►LITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE 'DATE.
ORDINAN�
AN ORDINANCE AMENDING THE ITY OF
MIAMI, FLORIDA, AS AMENDED, BY DELEGATING TO THE
CITY MANAGER OR HISIHER DESIGNEE, THE AUTHORITY
ON SPECIAL OCCASIONS AND FOR SPECIAL EVENTS OR
PROGRAMS TO: (1) PERMIT THE DISPENSING OF BEER
AND/OR WINE IN SOFT CONTAINERS IN CITY PARKS AND
ON PUBLIC STREETS AND SIDEWALKS, AND (2) APPROVE
THE CLOSURE OF STREETS AND SIDEWALKS FOR SAID
OCCASIONS, EVENTS OR PROGRAMS, SUBJECT TO
FAVORABLE RECOMMENDATION BY THE DEPARTMENTS
OF POLICE, FIRE, RESCUE AND INSPECTION SERVICES
AND, IF APPLICABLE, PUBLIC WORKS, FOR THE ISSUANCE
OF ALL REQUIRED PERMITS; MORE PARTICULARLY BY
AMENDING SECTIONS 38,491.1, 54.12A AND 54.3'OF'JAf -
CODE; CONTAINING A REPEALER PROVISION, A SEV,
ERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
ORDINANCE NO. 11046
AN EMERGENCY ORDINANCE AUTHORIZING THE CITY
MANAGER TO ACCEPT A GRANT-IN-AID AWARD, IN THE
AMOUNT OF $3,600.00, AND TO ENTER INTO THE
NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE -TO
THE CITY ATTORNEY, WITH THE FLORIDA DEPARTMENT
OF STATE, DIVISION OF LIBRARY AND INFORMATION
SERVICES, TO CONDUCT A SURVEY OF CERTAIN RECORDS
LOCATED IN CITY HALL FOR AN EVALUATION OF SAID
RECORDS` ARCHIVAL VALUE; ESTABLISHING A NEW SPE-
CIAL REVENUE FUND ENTITLED "FLORIDA LOCAL HISTOR•
ICAL RECORDS GRANT PROGRAMIARCHIVAL SURVEY"
AND APPROPRIATING FUNDS THEREFOR IN THE AMOUNT
OF $3,600.00 FROM THE FLORIDA DEPARTMENT -OF STATE,
DIVISION OF LIBRARY AND INFORMATION SERVICES; FUR-
THER DIRECTING THE CITY CLERK TO ASSIST IN SAID
SURVEY, SUCH ASSISTANCE TO PROVIDE THE LOCAL
IN -KIND MATCH REQUIREMENT FOR SAID GRANT;
CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
Said ordinances may be inspected by the public at the Office of
the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday
through Friday,, excluding holidays, between the hours of 8:00
a.m: and 5,00 p.m.
MATTY HIRAI
CITY CLERK
(51042) MIAMI, FLORIDA
3130 93-4-033062M
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