HomeMy WebLinkAboutOrdinanceCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00567 Final Action Date:
TO BE WITHDRAWN BY THE ADMINISTRATION
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 11 th 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
City of Miami Page 1 of 6 File Id: 11-00567 (Version: 1) Printed On: 8/22/2024
File Number: 11-00567
PEDDLERS AND ITINERANT VENDORS
ARTICLE II. SIDEWALK AND STREET VENDORS
Sec. 39 37. Limitations within Miami Arena special vending district.
Vending within the Miami Arena special -vending -district shall be subject to all rules and
regulations in this article, including section 39 33, except as contrarily and specifically provided below:
{1) No merchandise shall be vended or displayed other than food.
{2) Pushcarts shall be located in their zones in a physical --position commensurate with public
works department sidewalk vending markings for the district.
{3) No licensee shall operate, or hold a local busine.s tax receipt for more than -one -pushcart in
the herein district.
{Al) Vending zones.
a— Location of vending zones. Vending shall be prohibited in the Miami Arena special
vending district except from a specifically approved location within the sidewalk areas generally
designated on the graphics attached hereto as attaches A, B and C. 116 The selection of
specific vending locations shall be the responsibility of the department of public works using the
standards and criteria contained in this article. Vending zones and vendor locations may be
deleted by the director of the department of public works upon a finding that the existence of
creates a threat to the public health, safety, or general welfare. Additional locations may be
approved by the director of the department of public works upon a finding that such vending
articic and othcr applicablc rcgulations; however, vending shall not be permitted on sidewalks
adjacent to or directly acroc.s from residential developments.
Limitations within vending zones.
1, There shall be no more than one vendor permitted to operate from each
vending location and such vendor may not move from location to location on the same
day.
2 €ac-h-venrli�ocatio Tall approximate the size of one permitted pushcart
and shall be clearly marked on the sidewalk by the department of public works. The
3— All vending locations shall be spaced and oriented so as to maximize
39 33(2)e herein.
{5) All goods for sale, other than those on display on the pushcart, shall be 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 10:00 a.m., and ushcarts shall not be located in this -district during said hours. Further, vending
City of Miami Page 2 of 6 File Id: 11-00567 (Version: 1) Printed On: 8/22/2024
File Number: 11-00567
shall 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
c-✓ent(�). scs of this section, evcnts, event days and event times shall be as determined by
the managing office of the Miami Arena and published by the management monthly in the Miami
Arena Calendar of Events. Problems occasioned by changes in event times occurring subsequent to
printing 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) Vending is prohibited, without exception, on any combination sidewalk anal ni irb loss than
sight foot in n iidth
{10) Open flame cooking and use is prohibited, except as provided in sections 39 39 and 39 40.
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 shall invalidate such award and vacate the vending zone. 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
and local s tax certificatc(s), shall ba„ be chosen, by chance, for vending zones in this district.
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. At the conclusion of the franchise period all franchises shall be subject to
a new lottery.
ii. The director is authorized to i.sue a "Notice of Street Vending Franchise
Oppartunities" in the district. Said notice, for each franchise period, shall be publicly
advertised in a newspaper of gencral circulation in approximately mid_ ugust and
City of Miami Page 3 of 6 File Id: 11-00567 (Version: 1) Printed On: 8/22/2024
File Number: 11-00567
exclusive vending zoncs in the district and the terms of such availability, including the
given, but shall 4a„ considered courtesy notice only.
iii. Utilizing the standards and criteria set forth in this article, the director may
promulgate such reasonable supplementaryru-les, regulations and procedures as are
necessary to implement and effectuate the herein lottery and vending zone a.signment
process.
iv. For vending zones which may become available during the franchise period
due to abandonment or director's action, the director shall specify the date, time and
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. vk 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. vi-k 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 necessity 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. viik 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.
City of Miami Page 4 of 6 File Id: 11-00567 (Version: 1) Printed On: 8/22/2024
File Number: 11-00567
pursuant to section 39 7.1(3), that the pushcart which will be used in this district has been approved,
and sales tax certification.
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
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 tottery application form, the director shall conduct a hearing, and may revoke the
vending franchise and reward the franchise to a different vendor, pursuant to a posted notice lottery,
for the 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. f 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. 0= 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.
q. fa- 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. 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 oncc again be awardcd--p-u-r.,uant to the Tottery
procedures of this section.
j 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
City of Miami Page 5 of 6 File Id: 11-00567 (Version: 1) Printed On: 8/22/2024
File Number: 11-00567
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
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.
*11
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}
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: 8/22/2024