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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #5642 Resolution Sponsored by: Commissioner Keon Hardemon A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE PROVISIONS OF SECTION 36-4(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), REGARDING THE PROHIBITION OF EXCESSIVE NOISE AND MUSIC AND EXTENDING THE HOURS OF ALCOHOL SALES UNTIL 5:00 A.M. PURSUANT TO SECTION 4-3(B) OF THE CITY CODE FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID") AND THE WYNWOOD CAFE DISTRICT FOR WINTER MUSIC CONFERENCE ("WMC") RELATED EVENTS FROM MARCH 28, 2019 THROUGH MARCH 31, 2019; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, RELATED TO EVENTS OCCURING AT 55 NORTHEAST 24TH STREET, MIAMI, FLORIDA ARISING OUT OF OR IN CONNECTION WITH WMC-RELATED EVENTS OR INCIDENTS STEMMING FROM THE EXTENSION OF HOURS FOR ALCOHOL BEVERAGE SALES UNTIL 7:00 A.M. AND/OR WAIVER OF NOISE REQUIREMENTS. City of Miami Legislation Resolution Enactment Number: R-19-0127 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5642 Final Action Date:3/28/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE PROVISIONS OF SECTION 36-4(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), REGARDING THE PROHIBITION OF EXCESSIVE NOISE AND MUSIC AND EXTENDING THE HOURS OF ALCOHOL SALES UNTIL 5:00 A.M. PURSUANT TO SECTION 4-3(B) OF THE CITY CODE FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID") AND THE WYNWOOD CAFE DISTRICT FOR WINTER MUSIC CONFERENCE ("WMC") RELATED EVENTS FROM MARCH 28, 2019 THROUGH MARCH 31, 2019; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, RELATED TO EVENTS OCCURING AT 55 NORTHEAST 24TH STREET, MIAMI, FLORIDA ARISING OUT OF OR IN CONNECTION WITH WMC-RELATED EVENTS OR INCIDENTS STEMMING FROM THE EXTENSION OF HOURS FOR ALCOHOL BEVERAGE SALES UNTIL 7:00 A.M. AND/OR WAIVER OF NOISE REQUIREMENTS. WHEREAS, Section 36-4(a) of the Code of the City of Miami, Florida, as amended ("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, Section 36-4(b) of the City Code provides that the City Commission may waive Section 36-4(a) for special occasions by Resolution; and WHEREAS, Section 4-3(b) of the City Code provides that the City Commission may extend the hours of sale for alcoholic beverages for consumption on or off the premises for special occasions by Resolution; and WHEREAS, the Winter Music Conference ("WMC') is a world-renowned music festival with events occurring all over South Florida and with specific events in the Wynwood area; and WHEREAS, the WMC attracts visitors from all over the world and provides a stage upon which to show case local talent and businesses, which is a benefit to the residents and businesses of the City of Miami; and WHEREAS, waiving the requirements for excessive noise or music and extending the hours of sale for alcoholic beverages for WMC-related events in the Wynwood Business Improvement District ("BID") and the Wynwood Cafe District is beneficial to the City, its businesses, residents, and visitors; 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 prohibition contained in Section 36-4(a) of the City Code is waived pursuant to Section 36-4(b) of the City Code for the BID and the Wynwood Cafe District for WMC-related events to be held March 28, 2019 through March 31, 2019 as stated and subject to the provisions herein. Section 3. Excessively loud noise shall not be plainly audible from a distance not to exceed three -hundred fifty (350) feet from the boundaries of either the BID nor the Wynwood Cafe District. Section 4. Alcohol sales are extended until 5:00 A.M. pursuant to Section 4-3(b) of the City Code for the BID and the Wynwood Cafe District for WMC-related events to be held March 28, 2019 through March 31, 2019. Section 5. Alcohol sales are extended until 7:00 A.M. pursuant to Section 4-3(b) of the City Code for WMC-related events at 55 Northeast 24th Street, Miami, Florida. Section 6. The City Manager is authorized to negotiate and execute any and all documents, in a form acceptable to the City Attorney, related to WMC-related events occurring at 55 Northeast 24th Street, Miami, Florida for the extension of hours for alcohol beverage sales until 7:00 A.M. and/or waiver of noise requirements. Section 7. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.