HomeMy WebLinkAboutO-10855J-91-50
2/28/91
ORDINANCE NO. 10855
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, CHAPTER 39,
ARTICLE II, ENTITLED "SIDEWALK AND STREET
VENDORS," BY ADDING A NEW SECTION 39-17.3
PROVIDING FOR THE ESTABLISHMENT OF
"RESTAURANT ARCADE VENDING ZONES";
RESTRICTING LICENSEES; PROVIDING LIMITATIONS;
ESTABLISHING DESIGN CRITERIA AND REVIEW;
PROVIDING FOR PERMITS, FEES, RULES AND
REGULATIONS AND APPEALS; AMENDING
SECTION 39-11 BY PROVIDING DEFINITIONS;
FURTHER AMENDING SECTION 39-17(11) TO PERMIT
RESTAURANT ARCADE VENDING ZONES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the primary purpose of the public streets and
sidewalks is for use by vehicular and pedestrian traffic; and
WHEREAS, reasonable regulation of street and sidewalk
vending is necessary to protect the public health, safety, and
welfare; and
WHEREAS, regulated and controlled vending on the public
streets and sidewalks promotes the public interest by
contributing to an active and attractive pedestrian environment;
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
WHEREAS, it is the intent of the City Commission to help
improve the vitality and ambiance of sidewalk activities by
encouraging a visual exchange of activity between pedestrians and
second level restaurant patrons; and
WHEREAS, it is the intent of the City Commission to improve
the retail mix in commercial areas by encouraging use of second
floor building space for restaurants; and
WHEREAS, it is the intent of the City Commission to continue
aesthetic improvement of vending activity through enhanced
regulation; and
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WHEREAS, it is the intent of the City Commission to enhance
and continue the ongoing experiment embodied in the Flagler
Street Demonstration Block; and
WHEREAS, the regulations contained in this Ordinance do not
prohibit pure speech, but merely regulate activities of public
right-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 adopt
this amendment as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. Article II, entitled "Sidewalk and Street
Vendors',, of Chapter 39 of the Code of the City of Miami, as
amended, is hereby amended as follows:1/
"CHAPTER 39
VENDORS, ITINERANT MANUFACTURERS, LOCKSMITHS AND TOOL GRINDERS
ARTICLE II. SIDEWALK AND STREET VENDORS
Sec. 39-11. Definitions.
For the Purposes of this Article:
Department of Health .
Director is defineds _the d; rAr•t r of the department
of public works.
Open flame cooking . .
Permittee is defin d as the rec9n;pn+
Ar ade Vendina 7nnc L of a R s l-ai�rant
l.+-w".0-Lyn. Or tnis A t1Cle.
Pushcart is defined as . . . .
Restaurant Arcadeis _defin d as a second
structure author'�pr; bevel
_pursuan_t toec+;nn Sa_l00 of the
/ Words and/or figures stricken through shall
Underscored words and/or figures shall be added. deleted.
emainin
Provisions remain unchanged. Asterisks and ellipsis
Re
omitted and unchanged material. indicat
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Sec. 39-17.2. Limitations within the Civic Center
special vending district.
vendina zones.
Vending within a Rest
shall be subject to al-L-mules
be twenty --dollars (S20,00L_�p= n_ Zone shall
sauare foot of
usa• - •-- _ •- - mined •
v the
,.( 2_ Permit application.
4a�
JA
ful MO
• • • ! •47
• _
!.
44 Name and address of the applicanIL
copy of
restaurant arcade over the sidewalk area
which is ho• • ! ' •
drawi!! !_1 _ _ • •_t_- • !
inch eqn-als one (I.) fo he lay -out
and adlacent —private 0 --posed
location, - and number • location of d wa n of trees,
• • • • _ - •
'sue i� ice. 17'Ti ���-}�-3 �-�t�•'
brochures fully • _ •)i-n-a the apr)earance of
-
all prop•--• pushcarts, {{• - - •_ •
I-
obiects related to the R-
Vending Zone.
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PRMAINWEIWILTA . ..
sidewalks, including extended are . which
-are fourteen (141_fL_eet in width or greater.
44 Restaurant Arcade vending __zones shall- be
located ! such a IS nner tha_t!_il•SI -n
foot -wide clear pedestrian path i
at all LS •_ •tg-- -•
pedestrian
authorized —to require a *d
path, as-circumstanc s dictate.
material shp-L21- be fire -retardant — pres-su re-
treated, gr manufactured of fire -resistive
4_d_� Pushcarts shall not exceed four__44_��t in
width and six (6) feet in length, exclusive
• --canopies ! • umbrellast which are not
reauired.
49)Additionally, all pushcarts shall satisfy the
following design guide Ines
.(sL.)- Each pushcart must have a m' n i MUM of two
(2 ) wheels.-'�-
-( i 1 No pushcart may have more than four_- _ 1
wheels.
decorative. Nonfunctional
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11 Is I OP 'PIP it
Pushcarts be designed to contain
all product _--gup.olies and eauipment
h- .•- •n
(viii) All electxical apparatus -on a pushcart
electric&L- connections --shall be by
and type approved by the-dirgctor,
_. • �" - -mot_ •_ .-.Jt_ �-
-� • Ott • -. • -got- _ !_
ii -
the permit.
Permittee shall furnish and maintain public
c—AK_wlMjT9"wlv_.j_ oil
•!- MEMEMN__• ••__ _ 111 111 11 _• ••• _ __.� _
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4a)- Each permit r2hall be effectiye 3-Wsjtx7-l=*Lj,
-year subject to annual renewal,
I WOMMI-IMINIMPT i -15MIT
The permit shall be apecifically limited to
the area shown on the "exhibit'.' attached to
and made part of the vermit.
The permittge shall Use positive action to
assure that its use of the sidewalk in no way
interferes with gidewalk users or limits
their free unobstructed passaae,
The sidewalk area covered by the permit shall
be maintained in a neat and ordegly
amearance at all times and the area shall be
cleared of all debris on a periodic basis
during -the day, and again at the close of
each business day.
4j�- No advertising signs or businesa
identification signs shall be permitted in
the public right-of-way; this shall not
prohibit the use of umbrellas carrying
company logotypes.
4-k-� The permittee shall. notify th director of
ipublic wprks, in writing, when operation of
the Restaurant Arcade Vending Zone begins.
Sgid notice shall be delivered to the
director within twenty-four (24.) hours of
such commencement.
The issuance of a Restaurant Arcade Vend
Zone ermit does not arant or infer yestgd
riahts to use of the sidewalk area by the
permittee, The city retains- the right to
deny the issuance of a permit or the renewal
of a permit.
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�Aj The director may env, revoke, or suspend a
i•-_ _ MET t. t - • t I Mwolt
whichThe
is correct and effective t. the
minimum amount described in section
Changing conditions of Dedegtrian or
vehicular traffic cause congestio
necessitating removal of Restaurant
Arcade Vending Zone, Such decision
shall be based upon findings of director
that the minimum ten -foot pedestrian
path is insufficient under existing
circumstances and represents a danger to
the health, safety, or general welfare
of pedgstrians or vehicular traffic.
The Dermittee has -• to •
violations of this Article or conditions
of his permit within three (3) days of
receipt of - director's notice of : 11 -
delivered in writing to the Dermittee.
4yy
The
permittee has failed to
take
positive
actions to prohibit violations
from reoccurring.
4y-4
The
permittee has failed to
make
modifications
within three (3)
days of
receipt
of the director's notice
of same.
delivered
in writing to the permittee.
(vii)
Pushcarts
and other vestiges of
said
Restaurant
Arcade Vending Zones
may be
removed
by the department of
public
works,
and a reasonable fee charged
for
labor,
transportation, and storage,.
should
the permittee fail to remove
said
items
within thirty-six (36) hours
of
receipt
of the director's final
notice
to do
so for any reason provided
for
-under
this article. If the action
is
taken
based on Section __39-17 .3 (7 )(a)
(ii )
or (iii), the action shall
become
effective
upon the receipt of
such
notice
and the permittee shall have
four
(4) hours
to remove said items.
4b-1 Upon denial or revocation, the director shall
give notice of such action to the applicant or the
permittee in writing. stating the action which has been
taken and the reason thereof. If the action of the
director is based on Section 39-17.3(7)(a)(ii) or
.(iii, the action shall be effective upon giving such
notice to permittee. Otherwise, such action shall
become effective within ten (10) days unless appealed
to the city commission.
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ten (10 ) days, -
_(hl The city manager shall place the appeal on
the firet nnn_nl ann; nry Mv,%A
-- -- - - - tea- ;. A
The _ _ ... n! of a ---notice of ._pne.. •
Dermittee sh!all not stay an order by the director t
-_- A permit which has suspended or revoked
ant to Rnntinn IQ-17 117► /.% i; � i;; % 11— __
public
works at
such time as the
-permit tee has
demonstrated
that
the violation has
been corr cted to
the
satisfaction of
the department of
public works
-existing
4_e�_ A new
permit shall
permit shall --not
not be reinstated
be issued or an
for a minimum
period
of six (6)
months after
said issuanr•P --
reinstatement
works,
has
or in the
been denied by the
event of an appg,
director of public
by the city
commission.
(-�-
Use of loudspeakers
or recorded
high volume music
41k
is not permitted.
No portion of
a pushcart, umbrella
or canopy shall
42-4
extend into the
No merchandise
ten -foot pedestrian
shall be vended
path
or di solaved other
than that allowed
for the area
surrounding the
4 2),
Restaurant Arcade
Vending pushcarts
Vending Zone
shall- be placed
between or
oarallel to
tho Pa - nil rn"+
T.+.....1.. t ._
sidewalk area, if such exists
423-) Pushcarts may be located in a Restaurant Arcade
Vending Zone at any time of the day or night,
unless the director determines that conditions
warrant restricted hours.
Section 2. 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.
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Section 3. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
Ordinance are hereby repealed.
Section 4. If any section, part of this section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 28th day of
February , 1991.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 14th day of March , 1991.
CITY CLERK
PREPARED AND APPROVED BY:
L7
L E. MAXWE
C IEF ASSIST T CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
06 �JOGL.ATU
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C OF FLORID"
INTER -OFFICE MEMORANDUM
The Honorable Mayor and MAR -4 1991 P! L E
11'embers of the City Commission
Restaurant Arcade
Vending Zones
Cesar H. Odi
City Manager •:.-For March 14, 1991
City Commission Meeting
Pec.onmendation
It is respectfully requested that the City Commission approve the
attached ordinance amending the Code of the City of Miami,
Florida, as amended, Chapter 39, Article II, entitled "Sidewalk
and Street Vendors," by adding a new Section 39-17.3 entitled
"Restaurant Arcade Vending Zones".
Background
The Commission approved the construction of restaurant arcades
pursuant to Section 54-100 of the Code of the City of Miami,
Florida, as a temporary, second level structure allowed to extend
within the public right-of-way. Allowed by revocable permit,
the second level, elevated over a portion of the public sidewalk,
can contain only seating f o r a restaurant located within the
second floor of the adjacent building.
The Restaurant Arcade Vending Zone is the ground level public
sidewalk area under the arcade that includes the widened area of
the sidewalk which extends beyond and parallel to the present
pedestrian circulation corridor of the original sidewalk.
The vending within this zone would be restricted to
licensees/permittees for the corresponding Restaurant Arcade with
a valid revocable permit issued pursuant to Section 54-100 of the
City of Miami Code.
The intent of this ordinance is to allow regulated and controlled
vending, in the public interest, and to promote the development
of an active, vibrant and attractive pedestrian environment,
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The permittee will provide required insurance, prior to receiving
the requested permit, in an amount sufficient to protect the City
and submit a signed statement holding the City harmless from any
claims, damages or injuries.
No restriction is being placed on the hours the pushcarts may be
located within the vending zone. The permittee will assume
liability for any claims, damages or injuries related to the
pushcarts when located within the vending zone; day or night.
It is respectfully requested that the City Commission adopt the
attached ordinance.
CHO/jt
Enc1
10855
a_
MATTY HIRAI
City Clerk
of
G�t� Op
�'v
•s 99
P'
April 9, 1991
CE5AR H, 01310
City Manager
Mrs. Priscilla Domenech
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mrs. Smith:
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
10854 10855
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
DEPUTY CITY CLERK
RECEIVED BY:
r
DATE:
MH:vg
s Enc. a/s
OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305) 579-6065
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
Sookle Williams, who on Bath 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 MWff
Ordinance No. 10855
In the ...X .X.X..........................
• • .. Court,
was published In said newspaper In the Issues of
March 26, 1991
Afflant further says that the said Miami Review is a
newspaper published at Miami In said Dade County, Florida,
ppand that the said newsppaper has heretofore been continuously
Sa ulyday, Sundayd In sd 0 and Legall Holidays) arida nd :aabeen ent(except
ered as
second class mall matter at the oat officye in Miami In said
Dade
fireopub cationdof the attached copy of advertisement and
afflant }urth r says that she has neither paid no promised any
perso ,fir or corporation any discount, rebate, commission
or ref 1 or the p se of securing this advertisement for
public it in the newspaper. D�
f,lf Rk�*
t *'a01%,'04,* ssubscribed before me this
?6thday of ...*...
* ....., A.D. 19. 91 ..
SEr...........
"OFFICIAL NOTARY SEAL"
CHERYL H. MARMER
MY COMM. EXP. 4/72/92