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Home My WebLink AboutO-08851Gatti tt 0/22/08 ORDINANCE NO 1_ 885E .,,_.. AN ORbit`fiANCE AMENbtNG CHAPTER 30 GI' THt C tiE Oi` THtr CITY O1 MIAMI, ELORIfiA, AS At`tENtiE6, ENTITLED "LICENSES", BY AMEN1itNG SECTION iO 8 THEREot TO FROt'IDE THAT THE ANNUAL OCCUPATIONAL LICENSES toR RETAIL PEDDLERS SHALL BE ISSUED SUBJECT To SAID LICENSE BEING INAPPLICABLE WITHIN CERTAIN AREAS TO BE DESIONAT'ED BY THE CITY MANAGER bURING SEECIEIED TIME EERiotiS NOT EXCEEbtNG A TOTAL or 10 DAYS IN ANY FISCAL YEAR; SAID RESTRICTED AREA BEING LIMITED TO 5% OP THE TOTAL LAIR) AREA or THE CITY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; Ott- _ TENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN POUR-PIPTHS OF THE MEMBERS or THE COMMISSION. WHEREAS, significant annual cultural displays and public exhibitions have become a vital and essential part of this community; and WHEREAS, these annual demonstrations afford "common life -sharing experiences" to all citizens, thereby creating good will and resulting in shared understanding of one another and a stronger appreciation of society's goals; and WHEREAS, the aforesaid public art and folk festivals require a tremendous logistic effort to marshal the necessary resources for a successful and peaceful community project; and WHEREAS, from time to time the control over street peddlers becomes necessary in certain locations where a particular event or project is being staged; and WHEREAS, the herein ordinance contains reasonable restrictions upon the issuance of occupational licenses for retail peddlers, which restrictions will only be imposed by this Commission when it finds a need to specify a limitation of time and to designate the community or neighborhood limits of a cultural exhibition or ethnic event requiring the absence of the retail peddlers; NOW, THFREFORR, DE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; • ■ gectidn is section 10ffi$ df Chapte 10 (entitled "LICENSES") of the Code of the 'City of Miami, tiorida, as attended/ is hereby further attended in the followittg particulars: "Sec. 30S. expiration, re.stri.c,tidna.,and.defini,;tiott. s, Sxcept as otherwise provided, licenses tinder this chapter shall expire oti September 30 of each year. b. Licenses issued .under this _chap_ter , to .''re.tail_, peddlers" ',shal.l_ trot, be,_applicable certain areas of the, city designated by, the city m8nagee dur_ingspecifie,d, tithe. periods. The areas so, designated shall not encompass mote than.5% of the total land area, of the city;, the total of the time periods so specified shall not exceed 30 days in any fiscal year. c. A retail peddler is defined as any person who engages in the business of selling or offeting to sell at retail any goods, wares or merchandise from a wagon, truck, automobile, pushcart, or by any other means, operatingin or upon the streets, sidewalks, or public highways of the city in other than a licensed place of business." Section 2. All ordinances, code sections or parts thereof in conflict herewith, insofar as they are in conflict are hereby repealed. Section 3. If any section, sentence, clause, phrase, or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holdings or invalidity shall not affect the remaining portion of this ordinance. Section 4. The foregoing ordinance is hereby declared to be an emergency measure on the ground of urgent public need for the preservation of peace, health, safety and property of the City; also to provide and allow sufficient time for the issuance of occu- pational licenses for fiscal year 1978-79 which are effective on the 1st day of October, 1978; and also to meet appropriations made. Section 5. The requirement of reading this ordinance on two separate days is hereby dispensed with by a four -fifths vote of the members of the Commission. PASSED AND ADOPTED TUIS 28 DAY OF SEPTEMBER, 1978, Maurice A. Ferre MAu' 10E AFRRRE , MAX Q R RA 'H G,'ONGIE, CITY CLERK 1/Words and/or figures stricken through shell be deiet:ed. Underscored words and/or figures constitute the amendment proposed. Remaining provisions are now In effect and remain unchanged, w.. NA P tt Aktb ANb AP ROV 1 tit! 1 G; MIRIAM MAER, ASSISTANT CITY A'TPORNRY AP?ROVO FORM AND CORRRCTNRSS GEORGE F. `y{'OX9 JR., MiAMi 11410) AIM BAIL" iee e RtilStrifi a ben'i► a t1lpf taterfaey, Itmaay art. LE§el Ffandayi MiAMI, OM Cauitt`p, PROWL STATE OP i i.0111OA COUNT! OP bAbt: genre the unaerti0ned aufhdrifr baPl6hally so - Wren of LepbilAdvEtlllIh* bt M says ha lv Ew38Ad MOP REcdrd, 8 fatly (etttept 5aturaay. Su i y 8hd Le081 }tbiid8yl) new188151P, publlthe6 8t MIAMI ih Dade M6 il1tqq, Fferlda; mat tftb fittAthed tdpy 6t a(1ver4 tiler8M, Hill 8 L8081 Aavertite(hent 6r Nattce in the Matter of CitY OP MIAMt Re: Otdttiatice No, 8851 •.1 In the 3G...x, ..X...JL Court, was published in said newspaper In the Issues of Or_t, Si* 1978 AfHenf further says that the Said Miami iteview end baily Record Is a newspaper published et MIAMI, in Said bade Couhty, Florida, and that the Said Newspaper has heretofdre been Continuously published in said Dade County. Florida, each day (except Saturday, Sun- day and Legal Holidays) and hes been entered as second ciadd mall matter at the post office In Miami, in Said Dade County, Florida, for a period et one year next preceding the first publication of the attached copy of advertisement; and atheist further Says that she has neither paid nor promised any person, firm or Corpora- tion any discount, rebate, commission or refund for the purpose of securing MIS advertisement for publication n thelaid news/ paper. ,'Situ Siii not , 't Scorn is an outfAtiffit d) Io re ri this • • i 3rd da E �O o er , A ID 7. 78 19, .00 ....�. n. P. Becky Caske Noti$S State of rida (SEAL) ' . (. •" My Commission exp(ibs ptenliber 8, 1g10, MR -SO �Irr,sr,,,,t,I•t Large est., OP PAIAMIi. OM* COUNfiih PLORiDA MAL %OTMCR Ail interested will take Nitta that art 'he 31fh Boy M Seofefsbet 10i1 the City COMMISSton bt Mta(r►1, Ft&Ida 8doptad tho following $Hlto ordlnante: • ORDINANCE NO. MI AN ORbINANCE AMENDING CHAPTER 30 OP THE CODE OP THE CITY OF MIAMI, FLORIbA,- AS AMENbEb, ENS Ti1LED "LICENSES", BY AMENDING SECTION 30-1 THEREOF TO PROVIbETHAT THE ANNUAL OCCUPATIONAL_' LICENSES ROR RETAIL PEDDLERS SHALL BE ISSUED SUBJECT TO SAID LICENSE BEING INAPPLICABLE WITHIN CERTAIN AREAS`-t0 BE DESIGNATED BY THE, CITY MANAGER' DURING SPECIFIED TIME PERIODS NOT EXCEEDING A TOTAL OF 30 DAYS IN ANY FISCAL YEAR; SAID f1ESTRICTED AREA BEI Na LIMITED TO S% OF THE TOTAL LAND AREA OF THE CITY) CONTAINING A REPEALER.PROViSION ANb A SEVERABILITY CLAUSE; DECLARING THIS 0R• DINANCE TO BE AN EMERGENCY MEASURE;. btSPENS•. ING WITH THE REQUIREMENT OF READINGTHE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESSTHAN FOUR•FIFTHS OF THE MEMBERS OF THE COMMISSION. RALPH G. ONGIE CITY CLERK CITY OF MIAMi, FLORIDA Publication of this Notice on the 3 day of October, 1978. 10/3 M 100307 • RALPH G. ONGIE CITY CLERK CITY OF MIAMI, FLORIDA 19 CITY OF MIAMI. FLORIDA IN1'EFi-OFF1Cc ',lE`r1OR.ANDU .1 TO: FROM: ■ ■ ■ ■ ■ ■ ■ ■ Joseph R, Grassie City Manager Robert C+ Hotnan (.`�;y DATE. September 22, 1978 rlLE• sur,uecr: Restricting Retail Peddlers' Licenses During Certain Times and in Certain Places to Assist Sponsors ,t,:t„Nce,of Festivals and other Special Events ::Nc_osuats: The Law Department has drafted a proposed Ordinance amending Chapter 30 of the City Code, whereby the terms of licensure will include a provision that the City may restrict holders of retail peddlers' licenses from operating in certain areas of the City up to a maximum period of thirty days. The reason for proposing this amendment is to assist groups sponsoring festivals where the display and sale of food and other merchandise is an integral part of such festivals. Vendors permitted by festival sponsors to operate in 'conjunction with these special events usually pay the festival sponsors for the privilege of doing business in a designated place. It seems unfair for these vendors to experience competition from freelancers or other vendors who are not granted official permission from the festival sponsors to do business. Present City law does not prohibit duly licensed peddlers from offering and selling their merchandise at these special events. The legislation under consideration here will prohibit any vendor,not specifically approved by festival sponsors,from selling merchandise in conjunction with festivals. Blanket peddler's licenses will be issued to festival sponsors, and all peddlers which do not come under the blanket license will be in violation of the law -- as will all unlicensed vendors. Once this Ordinance becomes effective (It must become effective before October 1, the date all such peddler's licenses are issued.), the only action required by the Commission to accomplish the desired purposes will be to pass a resolution designating certain areas and times where existing city-wide licenses will be invalid. An emergency ordinance is needed so that the licenses issued effective October 1, 1978, will carry with them the new provision. Examples of festivals that will benefit from this new provision are: The Coconut Grove Art Festival, the Goombay Festival, Open House 8, the International Folk Festival, and similar events -- provided they take advantage of the change.