HomeMy WebLinkAboutR-23-0471City of Miami
Resolution R-23-0471
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14880 Final Action Date: 10/12/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION ISSUING A NOISE
WAIVER UNTIL 4:00 A.M., PURSUANT TO SECTIONS 36-4 OF THE CITY
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
TITLED "OPERATION OF RADIOS, PHONOGRAPHS, OR OTHER SOUND -
MAKING DEVICES; BANDS, ORCHESTRAS, AND MUSICIANS —
GENERALLY; EXEMPTION" AND 36-5 OF THE CITY CODE, TITLED "SAME —
HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR
EVENTS ON CITY -OWNED PROPERTY; RELAXATION," AND AN EXTENSION
OF ALCOHOL SALES THROUGH 4:00 A.M. PURSUANT TO SECTION 4-3(B)
OF THE CITY CODE, TITLED "HOURS DURING WHICH SALES ALLOWED;
PERMITS AND PUBLIC HEARING REQUIRED," FOR THE III POINTS MUSIC
FESTIVAL TO BE HELD AT MANA WYNWOOD, 2217 NORTHWEST 5
AVENUE, MIAMI, FLORIDA (ALSO KNOWN AS 318 NORTHWEST 23
STREET) FROM OCTOBER 20 THROUGH OCTOBER 21, 2023.
SPONSOR(S): Commissioner Christine King
WHEREAS, Section 36-5(a) of the Code of the City of Miami, Florida, as amended ("City
Code"), prohibits the operating of any musical devices on or about the premises between the
hours of 11:00 p.m. to 7:00 a.m. the following day, unless operated inside a closed building and
the sound is not audible from outside so as to disturb the quiet, comfort or repose of persons in
any dwelling, or hotel or other type of residence; and
WHEREAS, Section 36-5(c) of the City Code allows the City Commission to relax the
time restriction contained in paragraph (a) or declare them inapplicable as a special occasion by
resolution; and
WHEREAS, Section 36-4(a) of the City Code prohibits excessive noise or music audible
at a distance of one hundred (100) feet from a building or structure or vehicles from where it is
produced; and
WHEREAS, Mana Wynwood is located in the NRD-1 and currently governed by a noise
pilot program under Section 36-4(e) of the City Code; and
WHEREAS, Section 36-4(c) provides, "All of the above and foregoing shall not apply to
City -sponsored activities and events held in or upon any City -owned facility or City -owned
property"; and
WHEREAS, Section 4-1 of the City Code allows, "the City Manager may declare an
exemption from the prohibition of consuming alcoholic beverages as stated herein and declare
the prohibitions inapplicable on special occasions. Such special occasions shall require a
special event permit or temporary use permit, as applicable, with any associated notice and
fees that may be required"; and
City of Miami Page 1 of 3 File ID: 14880 (Revision:) Printed On: 10/19/2023
File ID: 14880 Enactment Number: R-23-0471
WHERAS, Section 4-3(b) of the City Code provides, "the City Commission may extend
the hours of sale for any alcohol service establishment for consumption on or off the premises
on special occasions by Resolution";
WHEREAS, the City intends to be a sponsor of the III Points Music Festival ("III Points");
and
WHEREAS, III Points is a yearly festival that attracts award -winning musical artists and
state of the art visual experiences for attendees; and
WHEREAS, III Points will have a majority of the music line-up filled by local artist
performances as well as an inclusion of local culinary providers; and
WHEREAS, III Points will have a alcohol vendor licensed through the Florida Division of
Alcoholic Beverages and Tobacco; and
WHEREAS, III Points will be held from October 20 through October 21, 2023, at 2217
Northwest 5 Avenue, Miami, Florida ("Mana Wynwood"), also known as 318 Northwest 23
Street; and
WHEREAS, there can be no open violations located on the property, either uncompiled
or unpaid; and
WHEREAS, in accordance with Section 2-33(f) of the City Code, the City Commission,
by a majority vote, hereby deems this Resolution to be of an emergency nature;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The noise restrictions are waived until 4:00 a.m. for Sections 36-4(a) and (e)
of the City Code pursuant to Section 36-4(c) of the City Code as well as for Section 36-5(a) and
(d) being waived by Section 336-5(c) for the III Points Music Festival at Mana Wynwood, 2217
Northwest 5 Avenue, Miami, Florida to be held from October 20 through October 21, 2023.
Section 3. Alcohol sales are extended until 4:00 a.m. pursuant to Section 4-1 and 4-3(b)
of the City Code for the III Points Music Festival to be held at Mana Wynwood from October 20
through October 21, 2023.
Section 4. All other requirements of the City Code, including special event permit
requirements, shall be met before this waiver is valid.
Section 5. This Resolution shall become effective immediately upon its adoption.
City of Miami Page 2 of 3 File ID: 14880 (Revision:) Printed on: 10/19/2023
File ID: 14880 Enactment Number: R-23-0471
APPROVED AS TO FORM AND CORRECTNESS:
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City of Miami Page 3 of 3 File ID: 14880 (Revision:) Printed on: 10/19/2023