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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.