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Home My WebLink AboutItem #55 - Discussion Itemi 23 I Mr. Howard V. Gary City Manager City Hall 3500 Pan American Dr. Miami, F1. 33133 Mrs. Kira Mihailitchenko 2901 So. Bayshore Dr. 9-A Miami, Fl. 33133 April 23, 1982 Dear Mr. Gary: I respectfully request a personal appearance before the City Commision on May 11, 1982 to present the case of Public Vendors/Hot-Dog Carts. A specific request will be made to allow the writer/vendor to continue to conduct her service in the Dinner Key area pending the appropriate codification of regulations. Thanking you in advance for your kind attention to this matter, I remain dear Sir; Yours Truly, ;47WAZ4 Kira Mihailitchenko U 4 ,'ITY OF ti11.1,'•11, t-t.JRIDA INT=R-OFFICE' i tOf�A�JDUM Howard V. Gary City Manager .9- Walter L. Pierce . Special Assistant to the City Manager April 30, 1982 Personal Appearance Request for May 11 City Commission Meeting By Mrs. Kira Mihailitchenko Re: Hot Dog Vendors This memorandum is offered to provide background information relevant to the above request for a personal appearance be- fore the City Commission on May 11, 1982. The subject request was made subsequent to Mrs. Mihailitchenko being issued an arrest/complaint affidavit (copy of City of Miami Police Case No. 1173287 C attached) on April 22, 1982 for an alleged violation of Miami Code Section 39-15 which reads: No peddler shall be permitted to solicit business upon the public streets of the City within three hundred (300) feet of an established business handling the class of goods authorized to be sold or handled under such license, or to locate or park on public highways or other public property within the City for the purpose of transacting business. Mrs. Mihailitchenko was in possession of City License No. 33463, issued to Mikira Inc. for a travelling store, and was observed by two City of Miami Police Officers vending hot dogs from a stationary cart located on City -owned proper- ty at the corner of South Bayshore Drive and Pan American Drive. By the attached memorandum from Albert H. Howard, Director of the Department of Recreation, I am advised that Mrs. Mihailitchenko has requested authorization for concession rights at Grand Avenue and Coral Gate Parks and that the appropriate legislation has been forwarded for City Com- mission action on the May 11, 1982 agenda. Potential subjects of discussion on May 11 are the matters of other vendors of hot dogs on City -owned properties, for example at Peacock Park, and peddlers in general including a number of individuals selling fruits and flowers through- out the City. In the former instance Code Section 38-45 provides for the designation of licensed concessionaires, under contractual agreement with the City, to do business in parks. The attached memorandum from the Lease Manager lists the six (6) authorized mobile vendors and the parks in which they are authorized by City Commission Resolutions to do business; it would appear that any other vendor operat- ing from within a City park is doing such illegally. It is also my personal feeling that all other vendors within the City who are not operating from privately owned property, including those operating at curbside selling fruits, flowers and other goods, are acting contrary to Section 39-15. Further, several references contained in the Comprehensive Zoning Ordinance also appear to generally preclude peddling from privately owned property if the activity is not conduct- ed from within a fully enclosed building. W LP : db COMPLAINT/ARREST AFFIDAVIT ❑ Felonv QlAisclemeanor Traffic Jail No. PO,iee Case No. 1 . ,. QJut ❑ Warrant IDS No Agency Code Municipal P. D. ID No. PSO Records and 10 No. Court Case No, D-jrEAFEN(�D/)ANT'SNAME Last First ..Middle •Middle Sez Rees thnic Haight Weight Hair Eyes )DO�B,myo/day/yr 46,4 •T LOCAL ADDRESS ,. Street City / St to Zip Phone Alias _ _ yC'Ir,l?% - �✓-. `Sii��G!•r1 7i� U•�.�1 .fv �.,:.i ��4;.:..�7 C�': .• .;�-.-._ PERMANENT ADDRESS Street City _Y.•• State Zip Phone Address source ❑ Verbal []Voter'sID • 1 ,�� ❑Driver's License rher BUSINESS ADDRESS Street City State Zip Phone Occupation Place of'Birth "i;Lft Are DRI VER•S LICENSE NO. State Social Security No. Sears, Tattoos, Unique Physical Features •V WEAPON Arrest Date.m�o//day/yr Arrest Time Arrest Location (include name of business) Yes No rai ��!—L.L� M. 0P.M. f 3� CO-DEFENDANTS Last . First fl.Middle ; OOB mo/day/vr in Custody Felony Juvenile i _ ,-'?:p.: '�=4 .:xti; ° =j="t:; `:i:r' :�•'- ', r l '' f ,'• Z1': 0AtLsrge Misdemeanor :7 :", p"�, ._. _;.�i'i'.,: ., .... �;,i�yA-4�;. •. ,,; _ Last f:First .••. Middle D08 moiday/Yr C]InCustody OFeloriy Juvenile 1 2. I• �.`�.. ;'°'_�J' _ QAtLarge QMisdemeanor CHARGES STATUTE MAC �CAPIASMBW FWC3PW pCITr VIOLATIONOF SECT - •k-t'f.�':. 7r�.• .•ri a . a'Z.�j•� .r `•�..t ;� •:.: '� .... / .•4. i '� ' 0/Ti�. "4i•i'il� •. ,'.►-. is :`'i�' �'�iti +"_��,'i-`: v' 1 �./�'� •�i''Ji✓s'ti^%t;�w • fir. `�3i�Y.F r1. ..•. :•2v,.'�a� :!'. .�: "r; r .•i. .1-.`.T`�x'7,r;,j; K�:�'r..'r+ :ice4- •.YC-;� '-i ' ,�i+j 7 y-v'SC... OF THE CODE OF r 4. The undersigned certifies and swears that he has just and reasonable grounds to behave, ano tl0@s DEUeve trial ine above nomeopelenoani .. - • ;rJ!"•.'"• �•5.>r' _On the do of 19Z At �J�__��J�f+Y��- �• ` -, ( Ime) -- --- - (Location, include name of businessl ••• • _. _ . _ „r+_ committed the following violation of law:rNorrative; (Be specilic) ^ i i.01%. .F'Ir !s %r�d �rrt /�!: a,..•.r. �7 7tJ e- - /%l-•A�+i1"ies JS 1 /i n�) rt 1 G rl•�.1.t +err N ► ��o, r/3i1. f �r - _ 1'ri" ��i�oi+ .: ,r/ a -'� 1s �� .l�/1SIJ% S' .s rI r t•� CtJ� � d r _ 41 ' D� �� /7j� •-f.%,-< - o.f,�'1 awl:..✓�.P •,e!�� •�� • ii'��.� "'mac N; :. -� / r'- -err,.. ?G �y i'):�i.�'i:ifn � ._.rill �� a wit}yc •..---.:T" u �i►...�� s�i�- 'o,*: -- — �fl � _ _l•�i�+t:� .....�o tira�' ,r +� i_ r.� . ... �� . � r, l�r�,,/ .-1!M�rr �l JZ7.•'� Ta.� • L�.�/.r� sa• - . • .. - - ...,,fir ;,,-. -.. n .. .. •.M •PAGE , . / .. •• .•. . 1 .. • . - OF � Hold for Other Agency Agency Verified By ❑ HOLD FOR BOND HEARING. DO NOT BOND OUT (Officer ❑ I understand that should I willfully fait to appear be. fora the court as by this notice to appear Must Appear at Bond Hearings. required that 1 may be held in contempt of court and a +%a, t Swear !hat the above Statement is correct rant for my arrest shall be Issued. Futhermore, 1 and true to the best of my knowledge and belief. Sworn to and subKribcd before me, the agree that notice concerning the tvnis. data. and place of all court hearings should ha sent to trie undersigned authority, this day - above address. I agree that It Is my reti.wnsibd,ty to of Hoary Clerk or the Court liovenues nut,fy Famhv 19 Officer's Name (Print) Div. Juvenile Section 638 6015) anvt,me that my address changes. •f / /r�_�'� Deputy of the Court or Notary Puo„c You need not appear in court, but must comply with Officer's Signature the instructions on the reverse side hereof, - De::artmcr•I tame - Cnu,: ILi r... . - L` ` CITY OF MIAM1. FLORIDA INTER -OFFICE MEMORANDUM ?O Walter Pierce :DATF. April 27, 1982 Special Assistant to the City Manager SUBJECT Park Concessions Id'1�rw-� -Re., Albert H. Howard, Director REFERENCES Department of Recreation ENCLOSURES: A-1268 I have been advised by Bill Harrison, Lease Manager, that Kira Mihailitchenko has requested a personal appearance before the May llth City Commission to present her case regarding vending on City property. Mr. Harrison's April 22 memorandum details the current code relating to such vending, as well as list authorized ven- dors on various City parks. FILE Kirk Hearin, of my staff, has discussed with Mrs. Mikailitchenko, on several occasions, vending opportunities on City parks, and subsequently she has requested authorization for conces- sion rights for Grand Avenue and Coral Gate Parks. Appropriate legislation regarding her request has been forwarded for pre- sentation before the May llth Commission. This action is based upon a legal opinion (A-1268) enclosed for your review. In light of the problems that have arisen from many unatho- _ rized hot dog vendors, I am recommending that the City takes a strong stand in denying any request for vending on City pro- perty that would violate current codes and/or statues. Perhaps the City administration can recommend amendments to such laws . that would further strengthen them and make them more easily enforcible. As an example may I cite the issuing of required licenses for vending. I suggest that no City licenses be issued for a hot dog push cart unless the applicant can prove he or she has an authorized site from which to sell. AHH/KH/mg cc: Mr. Cesar Odio Mr. Bill Harrison CITY OF MIAMt, FLORIDA INTER -OFFICE MEMORANDUM *O Walter Pierce DATE April 22, 1982 FILE Special Assistant to the City Manager ' SUBJECT Vendors in City Parks William H. Hafri s n REFERENCES Lease Manager ENCLOSURES Section 38-45 of the City Code, "Peddling, vending and merchandising" states that only "properly licensed concessionaires, under contractual agreement with the city" may sell within the limits of any park. Section 39-15 "Soliciting within three hundred feet of established businesses; locating or parking on highways, etc." prohibits peddlers from soliciting "within ' three hundred feet of an established business handling the class of goods authorized to be sold or handled under such license, or to locate or park on public highways or other public property..." However, the definition of a retail peddler (Sec. 39-11) does not mention persons operating legally in public parks. The City has contracts with the following concessionaires authorized to operate mobile concessions in City parks. NAME PARK RESOLUTION NO. Carlos Pascual Grapeland Park 80-640 Tom Boccio Bayfront & Peacock Park 80-640 Lemon Tree Ices Kennedy Park 80-640 Sabrett South, Inc. Legion & Brickell Parks 81-1026 Leonora Ronner Amoco Mini Park 81-1026 Larry Williams Manor Park 81-1026 Also attached for your review is a copy of a temporary restraining order issued against Metropolitan Dade County with regard to the operation of hot dog pushcarts. cc: Clarence Dickson Robert Burns Albert Howard