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HomeMy WebLinkAboutM-84-01424 '. 11 i CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM ro Howard V. Gary DATE City Manager / suaJECT go rROM REFERENCES -'Rodriguez, Director Planning Department ENCLOSURES February 1, 1984 FILE Vending Crdinance Revision -% comprehensive revision of the City's vending ordinance is being drafted, which distinguishes between vending on downtown sidewal:s and ve ndinc on streets and sidewalks throughout the remainuer of the City. The Law Department is preparing those portions of the draft ordinance dealing with general vending throughout the City. It essentially follows the same rules and regulations in effect today, incorporating recent court rulings. A preliminary draft of the City-wide regulations is attached. The Planning Department recommends the attached outline of policy and regulations.for vending on downtown sidewalks to be used as a framework for drafting a special section within the City-wide vending ordinance. This outline was refined and agreed upon by all persons present at a meeting on January 30, 1984, including representatives from the Public works Department, Finance Department, Fire, Rescue and Inspection Services, Downtown Development Authority and Downtown Miami Business Association. The Police Department and Solid Waste Department were contacted during earlier discussions and reported no significant problems with the concept as generally outlined. A special public hearing will be held on the proposed vending �- regulations to receive input from the vendors, the downtown merchants, and the general public before presenting a final draft ordinance for the City Commission for the March 9th meeting. SR:JAM:dr �j ATTACHMENT ;i 1I4o ri oN 84^142 Downtown Vending Preliminary Cutline of Proposed Policy and General Policy: Vendors are considered to be an amenity and an asset to shopping districts given proper regulation as to number, location, types of goods sold, and the design of vending carts. As such, vendors contribute: to the image, vitality, and nresnerit,: cF ?iatrict by Fittractin g shoq` ur_ f Certain ir.anaaement taSKS, IMOroVina the retail providing security uresence on the street, and in sCM(3- cases rTonerating r`vo.nues for oth-ir istri--~ activities. Due to the narrow,-aidth of sidewalks and high volume of pedestrians in the downtown area, together with the propensity of vendors to travel on narrow downtown sidewalks creating an impediment to pedestrian safety and convenience, it is necessary to specify fixed locations on which vendors may operate without interfering with pedestrian safety and convenience. Because Flagler Street is downtown's "Main Street", its image and economic health is essential for the vitality of all of downtown. In order to enhance the image of Flagler Street and improve what is currently an incomplete.mix of goods and services, it is necessary to stimulate vending of quality and diversity. Therefore, special regulations and procedures are necessary for Flagler Street concerning product mix and the design of vending carts. Boundaries: The boundaries of the downtown vending program shall be all public right-of-way within and including: North - NE/NW 5th Street East - Biscayne Boulevard South - Miami River West - NW/SW 2nd Avenue Page 1 of 4 ®4-IL42 Procedures: Vending on downtown sidewalks shall be allowed through a special permit to be issued by the Public works Department. Such permits shall have the following conditions: 1. effective for one year. 2. permit fee to cover administrative costs and contribute to security and maintenance costs of the general area. 3. liability insurance for the vendor and city, as required by Risk Management. 4. valid vending license and compliance .pith all health Department reculations. 5. continuous maintenance of the area by the vendor. 6. mandatory removal of vending cart for temporary activities such as utility repair or special events. 7. permit revokable upon failure to comply within 48 hours of reasonable notice of violation, vending cart. may be confiscated. Approximately 40 vending locations have been identified in downtown, of which 16 are on Flagler Street. The following criteria were used: 1. adequacy of sidewalk width relative to pedestrian volume. 2. availability of space sheltered from pedestrian flow. 3. proximity to street corners, major building entrances or other concentrations of potential buyers. 4. non-interference with loading zones bus stops, taxi stands, and various public facilities. 5. adequate spacing between vending locations. Page 2 of 4 Q4--142 All vending locations snail be assigned by permit based upon the r(.sults of an annual lottery. A separat_ .zt.plication may be tiLed for each !en --:or cr valid vending license. .4 T•--ardor may apply for any number of locations; but each location will be assigned only one vendor and each vendor will be assigned to only one location. A number of alternate vendors will be chosen in earn lottery to fill any between annual 1.;rias. Regulations shall ce to allow for minor modification of' locations (i. _. ..vithin i3u' of and swapping of locations between vendors with permits, in order to respond to market conditions. The vendor shall be required to display his permit at all times. The permit shall describe the assianed location and products permitted to be sold so that enforcement officials can easily verify compliance. The vendor shall also be required to wear 4 photo identification card. No transfer of ownership shall be allowed for downtown vending permits. Products Permitted to be Vended: Snack foods and specialty foods . Fresh cut flowers. S2ecial Flagler Street Provisions: On Flagler Street a specific mix of goods and services will be required in order to assure variety - A suggested mix is: 2 hot dog 2 frozen dessert 2 fresh fruit or fruit juices 2 popcorn, pretzels, or nuts 2 cookies, candy or pastries 2 ethnic foods 2 fresh flowers 2 any of above Page 3 of 4 84-IL42 Prior to the lottery, each Flagler Street vending location will be assigned a product catagory, and each vendor muy apply for only the applicable locations. Once selected, vendors will be required to be present on the street a minimum amount of time, or be replaced. In the future as a part of a Special Flagler Street overlay district, there may be special design standards for vending carts on Flagler Street. Ninimum Standards: Food and flower sales shall be from pushcarts (i.e. wheeled vehicles propelled solely by human power) constructed in accordance with a design approved by the City. Carts shall be no more than 42 inches in width, 72 inches in length or 60 inches in height, exclusive of the height of umbrellas, canopies and the like. Homemade vending carts shall be permitted and creative design shall be encouraged; however, all carts shall be subject to minimum standards for craftsmanship and finish. Canopies and umbrellas shall be a minimum of 7 ft. above the sidewalk wherever they extend beyond the pushcart or portable stand. Each downtown vendor shall be required to provide a trash receptacle attached to his pushcart or stand and shall be further responsible to keep the area within a 15' radius of his vending location clear of all litter, spillage, food stuffs, and other unsightly matter regardless of whether the litter, spillage food stuffs and unsightly matter is generated by his vending activities. No advertising shall be permitted on vending carts other than product identification. Page 4 of 4 84-142 A-2005 fj i r (FOR DISCUSSION PURPOSES ONLY) ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, AS AMENDED, BY DELETING ARTICLE II, ENTITLED "PEDDLERS," OF CHAPTER 39 - "PEDDLERS, ITINERANT MANUFACTURERS, LOCK- SMITHS AND TOOL GRINDERS, ICE CREAM VENDORS" - IN ITS ENTIRETY, AND INSERTING, IN LIEU THEREOF, A NEW ARTICLE II, ENTITLED "SIDEWALK AND STREET VENDORS"; DELETING EXISTING ARTICLE V, ENTITLED "ICE CREAM VENDORS;" PROVIDING FOR THE REGULATION, LOCATION, AND OPERATION OF THE BUSINESS OF VENDING ON THE STREETS AND SIDEWALKS OF THE CITY OF MIAMI; ESTABLISHING A SPECIAL VENDING DISTRICT; PROVING A PENALTY FOR THE VIOLATION OF TERMS THEREOF; AND BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. 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, this Commission has been advised by the City Manager, Planning Department, and Police Department that current conditions threatening public health, safety, and welfare necessitate special regulation of sidewalk vending in certain areas of the downtown business district; and WHEREAS, the regulations contained in this ordinance do not prohibit pure speech by religious organizations, but merely regulate the activities of organizations and individuals, which are 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 th City of Miami and its inhabitants to grant this amendment as hereinafter set forth: NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; 84--JL42 !7 n. t (FOR DISCUSSION PURhSES 011MY) Section 1. The Code of the City of Miami, as amended, is further amended by deleting Article II, entitled "Peddlers," of Chapter 39 - "Peddlers, itinerant manufacturers, locksmiths and tool grinders, ice cream vendors," in its entirety, and inserting, in lieu thereof, a new Article II to read as follows:l 1 "ARTICLE II. SIDEWALK AND STREET VENDORS Section 39-11 Definitions. For the Purposes of this article: Central Business District is defined as that area bounded by (designated streets). Motor Vehicle is defined as any vehicle used for the isplaying, storing, or transporting of articles offered for sale by a vendor, which is required to be licensed and registered by the Department of Motor Vehicles. Stand is defined as any table, showcase, bench, rack, pushcart wagon, or any other wheeled vehicle or device which may be moved without the assistance of a motor and which is not required to be licensed and registered by the Department of Motor Vehicles, used for displayiZg, storing, or trans- porting of articles offered for sale by a vendor. Vendor is defined as any person engaged in the selling, or offering for sale, of food, beverages, services, or merchan- dise on the public streets, or sidewalks from a stand or motor vehicle or from his person. Department of Health is defined as the Dade County Depart- ment of Public Health. Flagler Promenade is defined as sidewalk adjoining Flagler Street from to and including the western a ge of Biscayne Boulevard In the City of Miami. Flagler Promenade Vendors Permit is defined as a permit issued pursuant to this Article. Pushcart is defined as a wheeled vehicle propelled solely by a sing a human, and constructed in accordance with the design approved by the Food is defined as solid food and beverages allowed to be 'so in accordance with this Article. Permittee is defined as a person to whom a Flagler Promenade Ven or s permit has been issued. Person is defined as any natural individual, firm, trust, partnership, association, or corporation, in his or its own capacity or as administrator, conservator, executor, trustee, receiver, or other representative appointed by a court. Whenever the word "person" is used in any section of this Article prescribing a penalty or fine as applied to partnerships or associations, the word shall include the Words and/or figures stricken through shall be deleted. Under- scored words and/or figures shall be added. The remaining provisions are now in efect and remain unchanged. Asterisks indicate omitted and unchanged material. -2- 84- 42 (FOR DISCUSSION PURPOSES ONLY) partners (both general and limited) or members thereof and such word as applied to corporations shall include the officers, agents, or employees thereof who are responsible for any violation of said section. Section 39-12 License Required. It shall be unlawful to sell, or offer for sale, any food, beverage, service or merchandise on any street, alley or sidewalk within the City from any wagon, truck, auto, pushcart, vehicle or by any other means upon the streets, sidewalks, or alleys of the City until the proper license has been issued by the Department of Finance, at which time a metal or plastic tag shall be furnished, upon which tag shall be the words describing the kind of vendor, and the year for which the license is paid. Such tag shall be, at all times during the period for which the license is paid, securely affixed and attached in a conspicuous place on the left side and upon the stand, wagon, truck, auto, pushcart, or other vehicle used in the business by the vendor. Section 39-13 License Not A2Plicable in Certain Areas of the City During Certain Time Periods. Licenses issued under the provisions of Chapter 31 to vendors shall not be applicable within certain areas of the City designated by the City Manager during specific time periods. The areas so designated shall not encompass more than five ( 5 ) percent of the total; land area of the City; the total of the time period so specified shall not exceed thirty (30) days in any fiscal year. Section 39-14 Applications. The license required by Section 39-12 shall be issued in accordance with Chapter 31, Article II, of the City Code. The application for a vendor's license shall include, in addition to the information required in Section 31-28: a. name, home and business address of the applicant and the name and address of the owner, if other than the applicant, of the vending business, stand, or motor vehicle to be used in the operation of the vending business. b. a description of the type of food, beverage service, or merchandise to be sold. ce a description of the proposed location of the vending business, except that vendors from motor vehicles shall describe the general area in which they propose to do business, if less than the entire City. d. a description and photograph of any stand or motor vehicle to be used in the operation of the business, including the license and registration number of any motor vehicle used in the operation of the business. e. three ( 3 ) prints of a full -face photograph, taken not more than thirty (30) days prior to the date of the application, of any person who will sell, or offer for sale, any food, beverage, service, or merchandise on any street or sidewalk within the City. f. a certificate of inspection, as required by Section 39-19. -3- 84-142 (FOR DISCUSSION PURPOSES ONLY) g. proof of an insurance policy, issued by an insurance company licensed to do business in the State of Florida, protecting the license and permittee and the City from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the license. Said insurance shall narne as additional insured the City and shall provide that the policy shall not terminate or be cancelled prior to the expiration date without advance written notice to the City. Section 39-15 Issuance. Not later than thirty (30) days after the filing of a completed application for a vendor's or a permittee's license, the applicant shall be notified by the Finance Department for the decision on the issuance or denial of the license. Failure of the Finance Department to place notification of said decision in the mail or personally notify the applicant with acknowledgment shall require immediate issuance of the requested license to the appli- cant. The Finance Director or his designee shall consider the standards set forth in Section 31-26 and Sections 39-16, through 39-20, in determining whether to grant a license. If the issuance of the license is approved, the Finance Department shall issue the license. If the license is denied, the applicant shall be provided with a statement of the reasons therefor, which reasons shall be entered in writing on the application. The applicant shall be entitled to a hearing, pursuant to Section 39-24. A license issued pursuant to this Section is valid for a period as prescribed in Section 31-29. Section 39-16 Vending Prohibited in Certain Locations. Vending is prohibited with the following exceptions: 1. Vending on the sidewalks is permitted in the central business district subject to restrictions contained in Section 39-17 (a) through (q) and Section (new "Promenade" section). 2. Vending from motor vehicles is permitted through- out the City subject to the restrictions contained in Section 39-17 (a) through (r). Section 39-17 Prohibited Conduct. No vendor shall: a. Stand or station himself/herself upon the side- walks, streets, or public highways of the City for the purpose of selling, or offering to sell, serving, or offering to sell any goods, wares, merchandise, food soda -water products or service, when the person so selling or offering to sell any goods, wares, merchandise, service, food or soda -water products is within five hundred feet (500') of any property used for school purposes; b. Vend within five hundred feet (500') of any hospital; c. Vend within five hundred feet (5001) of any church while church is in session; d. Vend from a public parking lot, or metered parking space; -A- i74-142 6 (FOR DISCUSSION PURPOSES ONLY)'+ ' e. Vend on any street or sidewalk where vending is ot!ierwise prohibited or to locate or park on public highways or other public property within the City for the purpose of transacting business. f. vend between ten o'clock p.m. and ten o'clock a.m. of the followina day. a. Leave any stand or motor vehicle unattended. h. Store, Dark, or leave any stand overnight on any street or sidewalk, or park any motor vehicle other than in a lawful parking space, in confor- mance with City and State parking regulations. i. Sell food or beverages For immediate consumption unless he has available for oublic use his own or a public litter receptacle, which is available for his patron's use. j. Allow or keep any animals in motor vehicles or stands. k. Leave any location without first picking up, removing, and disposing of all trash and refuse remaining from sales made by him/her. 1. Allow any items relating to the operating of the vending business to be paced anywhere other than in, on, or under the stand or motor vehicle. m. Set up, maintain, or permit the use of any table, crate, carton, rack, or any other devise to increase the selling or display capacity of his stand, or motor vehicle, where such items have not been described in his/her application. n. Solicit or conduct business with persons in motor vehicle. o. Sell anything other than that for which he is licensed to vend. p. Use any noise -making devise after 9:00 o'clock p.m., and at no time shall such a vendor use its traffic warning device on any vehicle, except to give necessary signals while in traffic. It shall be unlawful for any vendor to use any noise -making devise that either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others within the City. Any vendor who violates this Section, upon written notice from the City Manager or his authorized representative shall remove said noise -making devise from the vehicle or reduce the volume of such noise -making devise so that the same shall not be in violation of this Section. Failure to comply with such notice shall subject such a vendor to the penalties as set forth in Section 1-16. q. No vendor selling from a stand on a sidewalk shall: 1. Vend at any location where the sidewalk is not over feet in width. -5- 84-142 (FOR DISCUSSION PURPOSES ONLY) 2. Vend within feet of an entranceway to any building. 3. Vend within feet of any driveway entrance to a police or fire station, or within feet of any other driveway. 4. Vend within feet of the crosswalk at any intersection. Ven,3 within 'eet of any bus stoo sign. 6. Allow the stand or any other item relating to the operation of the bending business to lean against or hang from any building or other structure 1aw11-11 ly ^laced on p_.. property. 7. Allow any animals to remain within twenty-five (25') feet of a stand for a period longer than necessary to complete a sale to the person having possession, or ccntrol of said animal. r. No vendor vending from a motor vehicle shall: i. Conduct his/her business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant, or create or become a public nuisance, increase traffic congestion or delay, or constitute a hazard to traffic, life or property, or an obstruction to adequate access to fire, police or sanitation vehicles. 2. Stop, stand, or park his vehicle upon any street, or permit it to remain there except on the roadway at the curb for the purposes of vending therefrom. 3. Stop, stand or park his vehicle upon any street for the purpose of selling, or sell on any street under any circumstances during the hours when parking, stopping or standing has been prohibited by signs or curb markings or is prohibited by statute or ordinance. 4. Remain in any one place for a period longer than necessary to make a sale after having been approached or stopped for that purpose. 5. Stop, stand, or park his vehicle within feet of any intersection, except t�ia`t vehicles vending -products likely to attract children as customers shall park curbside when stopping to make a sale, as close as possible to a pedestrian crosswalk without entering the intersection or otherwise interfering with the flow of traffic. 6. Vend within the Central Business District. Section 39-18 Size Requirements for Vending Stands. No stand shall exceed feet in width and in length and in height. Section 39-19 Health and Sanitation Requirements for Food End Beverage Ven ing. -6- 84-IL42 i 0 (FOR DISCUSSION PURPOSES ONLY) Vendors of food an3 beverages shall comply with the require- ments and standards of the Department of Health and the following: a. The equipment used in vending food and beverages shall be inspected upon application for a license and receive a certificate of inspection upon compliance with this section. b. Each food and beverage vending business shall be inspected at least twice a year. Section 39-20 Safety Requirements. All motor vehicles in or from which food is prepared or sold shall comply with the following requirements: a. All equipment installed in any part of the vehicle shall be secured in order to prevent movement during transit and to prevent detachment in the event of a collision or overturn. b. All utensils shall be stored in order to prevent their being hurled about in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives. c. Compressors, auxiliary engines, generators, batteries, battery chargers, gas fueled water heaters, and similar equipment shall be installed so as to be accessible only from outside the vehicle. Section 39-21 Display _of License. All licenses shall be displayed at all times during the operation of the vending business in accordance with the provisions of Section 31-30. Section 39-22, Advertising. No advertising, except the posting of prices, shall be permitted on or attached to any stand or motor vehicle, except to identify the generic name of the product or the name of the vendor. Section 39-23 Renewal. All licenses are valid for the entire licensing period unless revoked or suspended prior to expiration. Applica- tion to renew a license shall be made not later than thirty (30) days before the expiration of the current license in accordance with Section 31-34. Section 39-24 _Denial, Suspension and Revocation. Any license or permit may be denied, suspended or revoked in accordance with the procedures contained in Chapter 31 for any of the causes set forth in said Chapter 31 in addition to the following causes: a. Fraud or misrepresentation contained in the application for the license or permit. b. Fraud or misrepresentation made in the course of carrying on the business of vending. -7- 84-142 i (FOR DISCUSSION PURPOSES ONLY) c. Conduct of the licensed or permitted business in such manner as to create a public nuisance, or constitute a danger to the public health, safety, welfare or morals. d. Conduct which is contrary to the provisions of this Article. Section 39-25 Penalty. Any person violating any provision of this Article shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine not to exceed $500 or by imprisonment for a period not to exceed 6 months, or by both fine and imprisonment. Section 39-26 Notice on Premises that Uninvited Solicitors, Peddlers, Vendors, etc. are not granted. It shall be the duty of the person in possession of any premises who desires that the occupants of the premises remain unmolested by the visits of uninvited solicitors, peddlers, vendors, itinerant merchants, door-to-door canvassers or hawkers to post in a conspicuous place near the door or on the premises a sign in letters at lease one and one-half (1 1/2) inches high with the words "No Peddlers," "No Solicitors," "No Trespassing" or otherwise signifying externally the wish for the occupants of the premises to remain unmolested by such visitors. It shall be unlawful for any uninvited solicitors, peddlers, vendors, itinerant merchants, door-to-door canvassers or hawkers to visit or go upon any premises which have been posted with a notice as prescribed in this section, to the effect that the person in possession or the occupants of the premises desire to remain unmolested. Section 39-27 Exemptions as to Farm Products. Nothing contained in sections 39-12 or 39-17 (a); (b) and (c) shall be construed to affect or apply to the producer of farm or grove products where the same are being offered for sale or sold by the farmer or grower producing such pro- ducts. The farmer or grower offering for sale or selling in the city the farm or grove products produced by such farmer or grower shall furnish satisfactory evidence that such products being sold or offered for sale have been grown by him. The members of the police department, as well as the license inspectors, are authorized and directed to obtain affidavits or written statements from such grower or producer of the farm or grove products when the same are being offered for sale or sold by him in the city, such affidavit or written statement showing and stating that the farm or grove products have been grown by such farmer or grower. Section 39-28 Enforcement of Article. It shall be the duty of the members of the police depart- ment, as well as the license inspectors of the city, to enforce the terms and conditions of this article, and if any person is found violating the provisions of this article to arrest such person and hold such violator for proper legal action in the county court. -8- 84142 0 f (FOR DISCUSSION PURPOSES ONLY) Section 29-29 Penalty for _Violation of Flagle_r Promenade Rules Regulations. Any person violating any of the provisions of this Section or the rules and regulations promulgated hereunder shall be fined not less than One Hundred Dollars ($100.00) nor more than Three Hundred Dollars ($300.00). A .separate and distinct offense shall be deemed to be committed for each day any person continues to violate any of the provisions of this Article or rules and regulations promulgated hereunder. In addition to the fines hereinabove provided for, the may revoke the license of any licensee hereunder if such licensee or permittee is convicted of two or more violations of this Article or of the rules and regulations promulgated hereunder within any twelve month period and may reject an application for license or permit under this Article by an applicant who has been so convicted." Section 2. That all laws, or parts of laws in conflict herewith are hereby repealed insofar as they are in conflict. Section 3. Should any part or provision of this ordi- nance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this day of 1983. PASSED AND ADOPTED ON SECOND AND FINAL READING this day of ATTEST: RALPH G. ONGIE City Clerk PREPARED AND APPROVED BY: JOEL E. MAXWELL Assistant City Attorney , 1983. MAURICE A. FERRE, Mayor APPROVED AS TO FORM AND CORRECTNESS: JOSE R. GARCIA-PEDROSA City Attorney wpc/041/(3) -9- 84--142