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HomeMy WebLinkAboutLegislationCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00567 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 39/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PEDDLERS AND ITINERANT VENDORS/SIDEWALK AND STREET VENDORS", TO ELIMINATE SIDEWALK AND STREET VENDING WITHIN THE MIAMI ARENA; PROHIBITING VENDING IN THE BISCAYNE BOULEVARD SPECIAL VENDING DISTRICTS AND TO ABOLISH THE LOTTERY SYSTEM AS A MEANS OF ASSIGNING VENDORS TO SPECIFIC VENDING ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 39 of the Code of the City of Miami, Florida, as amended ("City Code"), identifies the rules and regulations applicable to special vending districts throughout the City of Miami ("City"); and WHEREAS, the Miami Arena, located within the Miami Arena Special Vending District which is bounded by Northwest/Northeast 5th Street, Northwest 3rd Avenue, Northeast 2nd Avenue and Northwest/Northeast 10th Street, Miami, Florida,has been demolished and no longer exists thereby precluding the efficacy of vending in the area; and WHEREAS, the City maintained sidewalks in the Biscayne Boulevard Special Vending District, which is bounded by Biscayne Boulevard, Northeast 11th Street, Northeast 1st Avenue and Northeast 5th Street, Miami, Florida, are not wide enough to accommodate the carts, coolers and chairs associated with the vending operation and simultaneously accommodate pedestrians in the area; and WHEREAS, in the alternative a Temporary Use Permit to vend on vacant, privately owned lots provides adequate opportunity for itinerant vendors without impairing the public right-of-way; and WHEREAS, it is in the best interest of the City, its citizens and visitors to prohibit sidewalk and street vending within the Miami Arena and Biscayne Boulevard Special Vending Districts; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 39/Article II of the City Code, entitled "Peddlers and Itinerant Vendors/Sidewalk and Street Vendors", is amended in the following particulars:{1} "CHAPTER 39 PEDDLERS AND ITINERANT VENDORS City of Miami Page 1 of 6 File Id: 11-00567 (Version: 1) Printed On: 7/1/2011 File Number: 11-00567 ARTICLE II. SIDEWALK AND STREET VENDORS Vending within the Miami Arena special vending district shall be subject to all rules and regulations h -t is article, includi (1) No merchandise shall be vended or displayed other than food. works department sidewalk vending markings for the district. the herein district. (1) Vending zones. a- Location of vending zones. Vending shall be prohibited in the Miami Arena special designated on the graphics attached hereto as attachments A, B and C. 11161 The selection of deleted by the director of the department of public works upon a finding that the existence of such director of the department of public works upon a finding that such vending locations are in a applicable regulations; however, vending shall not be permitted on sidewalks adjacent to or directly across from residential developments. b- Limitations within vending zones. There h n h th- it+ ra to operate from each vending location and such vendor may not move from location to location on the same day: Each vending location shall approximate -the size of one permitted pushcart and shall be clearly marked on thc sidewalk by the department of public works. The appropriate graphics, available for public and governmental agency perusal and use. 3— All vending locations shall be spaced and oriented so as to maximize pedestrian flow and safety, and may exceed thc linear frontage limitations of section 39 33(2)e herein .( stored within the structure of the pushcart. (6) It shall be unlawful for any vendor to use any noise making device to solicit customers. {7) Vending pushcarts may not be chained or otherwise affixed to trees, light poles, sign stanchions or other stationary entities within the right of way. (8) Vending is prohibited within the herein vending district between the hours of 12:00 midnight to not be permitted nor shall pushcarts be located within the district on event days except for a period of time beginning two hours immediately preceding, during and two hours following authorized event(s). City of Miami Page 2 of 6 File Id: 11-00567 (Version: 1) Printed On: 7/1/2011 File Number: 11-00567 of said calendar, or errors therein, shall be ultimately resolved by the police department utilizing the - most recent official records of the arena's management. (9) Vendi nd curb less than eight feet in width. (10) Open flame cooking and use is prohibited, except as provided in sections 39 39 and 39 '10. Sec. 39-37.1. Limitations within Biscayne Boulevard special vending district. (13) Vending zones. c. Assignment of vendors to specific vending zones. 1. Franchise rights. Vending zones within the district shall be occupied only by licensed vendors willing to pay the city for the opportunity and franchise right to vend, exclusively, from designated vending zones in the Biscayne Boulevard special vending district, subject to applicable rules, regulations, ordinances and statutes governing vending. There shall be a franchise fee due of $50.00 per month, for a total of $600.00 per franchise period, for franchises. As a condition precedent to receiving a franchise, the total amount due for the franchise period shall be paid in full. Payment shall be by cashier's check, bank certified funds, or money order payable to the city. Failure to tender required payment on the date of the lottery All franchise fees shall be paid at the downtown NET office or its successor entity. 2. Lottery. i. The director shall establish and supervise a lottery system whereby The director shall assign each vending zone a sequential number corresponding to a north to south and east to west rotation pattern of sequential locations on the vending map, which shall correspond to "Attachment A" of Ordinance No. 12002, as amended. All qualified vendors shall have their names placed into a container for a drawing by the director or NET administrator to determine which location shall serve as the initial vending zone for each vendor at the beginning of a franchise period. On the first day of each month following the first month of the franchise period, all vendors shall relocate, via rotation, to the next vending zone in the aforementioned sequence. All franchise rights shall transfer to the new location and cease in the prior location upon such rotation. Said rotation shall continue for the duration of the franchise period. new lottery. Opportunities" in t advertised in a newspaper of general circulation in approximately mid August and mid February of each calendar year, and shall indicate the pending availability of exclusive vending zones in thc district and thc terms of such availability, including the given, but shall be considered courtesy notice only. City of Miami Page 3 of 6 File Id: 11-00567 (Version: 1) Printed On: 7/1/2011 File Number: 11-00567 process. iv. For vending zones which may become available during the franchise period place for the holding of a special lottery for such designated vending zone(s), and shall publicly advertise said information as for a posted notice lottery. 3. v, All franchise documents are nontransferable. Sale of a majority of stock in a corporate franchise by stockholders listed on the franchise application or sale of a majority interest in a partnership as listed on the franchise application shall be deemed a transfer of the franchise, which is prohibited. The franchise document shall be in the possession of the vendor at all times and shall be displayed to a police officer, code enforcement officer, downtown NET official or public works department representative upon request. Failure to immediately provide this document, along with a valid local business tax receipt, pushcart certification and sales tax certificate(s), shall be grounds for immediate removal of the pushcart from the vending zone and district, suspension of the franchise, and initiation of local business tax receipt and franchise revocation proceedings by the director or downtown NET administrator. 4. Franchises awarded pursuant to this section shall be subject to section 39-29. Furthermore, the award of a franchise pursuant to this section does not grant or infer vested rights to the use of the public rights -of -way by the franchisee. 5_4i: Any vending zone or franchise document issued pursuant to this section shall be subject to modification by ordinance at any time deemed necessary by the city commission. Vending in any vending zone may be temporarily suspended or relocated by the director upon reasonable notice when private or public construction or activities or health and safety concerns of the director make it unsafe or impractical to allow vending in that vending zone. Such suspension(s) which lasts for a continuous or cumulative period in excess of five days of a franchise period shall result in a pro rata refund of the lottery franchise fee paid by such suspended franchisee. No other payments or compensation shall be owed by the city or due the franchisee as a result of such suspension(s). A vendor so dispossessed, may, if possible, be offered a substitute -vending zone by the director without the ncces„ity of lottery proceedings. Said substitute -location shall be valid for the balance of the time remaining on the vendor's franchise document for that vendor location, or until the substituted -for location is again available, whichever occurs first. If the vendor accepts a substitute -location, the refund shall be only for the actual days of suspended operation, and shall not include the day(s) of operation in the substitute location. 6_viii. Vending activity suspended pursuant to sections 39-29 and 39-38, or revoked due to unauthorized absence or violations of the codes of the city, county or general law, shall not be the basis for any pro rata refund of a franchise fee. Revocation of franchise documents based on unauthorized absences or violations shall result in a forfeiture of the entire franchise fee. d. All participants in lottery proceedings pursuant to this section shall submit, as a condition pursuant to section 39 7.1(3), that the pushcart which will be used in this district has been approved, and sales tax ccrtifioation. d_e- Unauthorized absence from a designated vending zone shall constitute a basis for suspension and revocation of a franchise document. Upon certification by the director or downtown City of Miami Page 4 of 6 File Id: 11-00567 (Version: 1) Printed On: 7/1/2011 File Number: 11-00567 NET administrator that a vending zone has been unoccupied for a continuous period of ten event days, for reasons other than those mentioned in subsection (13)c.2.vii or section 39-29, the director or downtown NET administrator shall notify the vendor of the intent to revoke the vendor's franchise unless clear evidence of proof of the vendor's activity during the ten event -day period in question is provided to the director. Subsequent to ten-day notice mailed by certified mail to the address shown on the vendor's {otter} application form, the director shall conduct a hearing, and may revoke the vending franchise balance of that franchise period. The vendor subject to such revocation may appeal the director's decision in the same manner provided in section 54-230. e. Any franchise incurring three written notices of violation of this article shall be the subject of the following franchise revocation proceedings: 1. When violations occur, the franchisee shall be notified by the director or downtown NET office in person or via certified mail. The first violation notice or citation shall be a reprimand; the second violation notice or citation shall be a warning; the third violation notice or citation shall result in an automatic revocation of franchise document, immediate removal of the franchisee's pushcart from the district, and banishment of the violator from the district for a period of one calendar year. 2. Revocations may be appealed in the same manner provided in section 54-230. An appeal shall not stay an order by the director or NET office to remove a pushcart from the district. f. g- Fees collected under this subsection are declared to be franchise fees charged for the right to exclusive commercial use of a portion of the public rights -of -way in the New Arena downtown area, and are in addition to local business taxes imposed by law and other permit fees which may be collected to defray the cost of administration of this subsection. All franchise fees collected by the director of finance or his designee pursuant to this section shall be placed in a special account established for the "Biscayne Boulevard Special Vending District," and shall be used to defray the cost of administering and regulating the district's vendors. p. P- The director shall design and distribute to those awarded a vending zone a franchise document identifying the person or entity chosen by lottery, the specific location where said person or entity is to be allowed to initially vend exclusively during the vending period, and the duration of such entitlement. h_+: All franchise documents issued for vending activity in this district shall only be valid during one franchise period, and shall expire on the expiration date shown on the franchise document and records of the director. Upon such expiration the vendor's exclusive right to such vending zone shall terminate, and vending rotation rights shall once again be awarded pursuant to the lottery procedures of this section. Li, Liability and insurance. 1. Prior to the issuance of a franchise document, the vendor shall furnish the director with a signed statement that said vendor shall hold harmless the city, its officers and employees, and shall indemnify the city, its officers and employees for any claims for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the franchise document and associated local business tax receipt. 2. Prior to the issuance of a franchise document, said vendor shall also furnish and maintain such public liability and property damage from all claims and damage to property or bodily injury, including death, which may arise from operations under the franchise document and associated local business tax receipt or in connection therewith. Such insurance shall provide coverage of not less than $500,000,00 for bodily injury, and property damage respectively per occurrence. Such insurance shall be without prejudice to coverage otherwise existing therein and shall name as additional insured the city, its officers and employees, and City of Miami Page 5 of 6 File Id: 11-00567 (Version: 1) Printed On: 7/1/2011 File Number: 11-00567 shall further provide that the policy shall not terminate or be canceled prior to the completion of the franchise period without 45 days' written notices to the risk management division and the director at the addresses shown in the franchise document. Lk Sales tax certification. Prior to the issuance of franchise documents, said vendor shall also furnish original evidence of a -valid certificate of resale -or equivalent document from the Florida Department of Revenue and Miami -Dade County, if applicable, evidencing that said vendor and the specific vending activity authorized by said franchise document have been permitted by said tax collection entities to the extent mandated by law. Franchisee(s) shall furnish, upon demand, evidence that the herein requested certificate of resale or equivalent document is current. Failure to maintain said certification shall constitute a basis for suspension and/or revocation of a franchise document. 1. State license inspection and certification. Prior to issuance of a franchise document, the vendor shall also furnish original evidence of a valid license issued, upon inspection, by the state department of business and professional regulation (for vending prepared food, as defined by state regulations) and/or the state department of agriculture (for vending prepackaged food, as defined by state regulations). (14) Effective September 30, 2011, all existing franchises in the Biscayne Boulevard special vending district shall expire and vending within the public right of way within the Biscayne Boulevard special vending district shall be prohibited. *II Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.{2} APPROVED AS TO FORM AND CORRECTNESS:/ JULIE O. BRU CITY ATTORNEY Footnotes: {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 6 of 6 File Id: 11-00567 (Version: 1) Printed On: 7/1/2011