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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM Second Reading File ID: #7632 Date: 07/08/2020 Commission Meeting Date: 12/10/2020 Type: Ordinance Subject: Amend Code - Chapter 39 - Vendinq Districts Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: All PURPOSE OF ITEM: An Ordinance of the Miami City Commission amending Chapter 39/Article II, entitled "Peddlers and Itinerant Vendors/Sidewalk and Street Vendors" of the Code of the City of Miami, as amended by providing additional definitions and restrictions. BACKGROUND INFORMATION: Article II of Chapter 39 of the Code of the City of Miami, Florida, as amended ("City Code"), regulates vending on streets, rights of way and publicly owned parking facilities within the City of Miami. The proposed amendment will update the City Code to more effectively address vending in the public right of way. Budget Impact Analysis Item has NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds Reviewed B City Commission Nicole Ewan Office of Resilience and Sustainability Review Completed 08/12/2020 9:29 AM Office of Management and Budget Donovan Dawson Office of Management and Budget Christopher M Rose City Manager's Office Nzeribe Ihekwaba City Manager's Office Arthur Noriega V Legislative Division Valentin J Alvarez Office of Zoning Daniel Goldberg Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Nicole Ewan City Commission Nicole Ewan Legislative Division Valentin J Alvarez Office of Zoning Daniel Goldberg Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Nicole Ewan Legislative Division Valentin J Alvarez Office of Zoning Daniel Goldberg Meeting Alan M. Dodd Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review ACA Review Deputy Attorney Review Approved Form and Correctness Meeting Meeting Legislative Division Review ACA Review Deputy Attorney Review Approved Form and Correctness Meeting Legislative Division Review ACA Review Completed 07/23/2020 9:00 AM Department Head Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed 08/28/2020 11:43 AM 08/28/2020 12:56 PM 08/31/2020 1:34 PM 08/31/2020 7:41 PM 09/01/2020 11:59 AM 09/04/2020 9:45 AM 09/04/2020 9:56 AM 09/15/2020 1:52 PM 09/24/2020 9:00 AM 10/08/2020 9:00 AM 10/16/2020 9:24 AM 10/16/2020 11:06 AM 10/17/2020 9:24 AM 10/22/2020 11:18 AM 11/19/2020 9:00 AM 11/23/2020 1:28 PM 11/23/2020 1:49 PM City of Miami File ID: 7632 (Revision: B) Printed On: 5/13/2025 Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Barnaby L. Min Victoria Mendez Nicole Ewan Mayor's Office City Clerk's Office City Clerk's Office Deputy Attorney Review Completed Approved Form and Correctness Completed Meeting Completed Unsigned by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 11/23/2020 2:11 PM 11/24/2020 9:59 AM 12/10/2020 9:00 AM 12/16/2020 12:25 PM 12/16/2020 12:34 PM 12/16/2020 12:34 PM City of Miami File ID: 7632 (Revision: B) Printed On: 5/13/2025 City of Miami Legislation Ordinance Enactment Number:13947 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7632 Final Action Date: 12/10/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 39/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PEDDLERS AND ITINERANT VENDORS/SIDEWALK AND STREET VENDORS", BY DELETING REQUIREMENTS AND DEFINITIONS RELATED TO THE OBSOLETE COCONUT GROVE, MIAMI ARENA, BISCAYNE BOULEVARD, AND RESTAURANT ARCADE SPECIAL VENDING DISTRICTS; PROVIDING FOR PROHIBITIONS AGAINST VENDING IN THE WYNWOOD AND COCONUT GROVE BUSINESS IMPROVEMENT DISTRICTS AND ON ANY RIGHT-OF-WAY ABUTTING A T3 TRANSECT ZONE; FURTHER PROVIDING FOR A MODIFIED MAXIMUM WIDTH FOR VENDING STANDS IN THE RIGHT-OF-WAY; CLARIFYING CONTINUED ALLOWANCE FOR PEDDLING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, Chapter 39/Article II of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Peddlers and Itinerant Vendors/Sidewalk and Street Vendors", regulates vending on streets, rights -of -way, and publicly owned parking facilities within the City of Miami ("City"); and WHEREAS, the Department of Resilience and Public Works' review of the City Code has determined that the same requires updating in order to delete references to obsolete vending districts that are no longer in use as well as to modify the width of allowed vending stands to ensure the unimpeded use of the public rights -of -way where vending continues to be permissible; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings 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 is further amended in the following particulars:1 "CHAPTER 39" PEDDLERS AND ITINERANT VENDORS 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. City of Miami File ID: 7632 (Revision: B) Printed On: 5/13/2025 ARTICLE II. SIDEWALK AND STREET VENDORS Sec. 39-26. - Definitions. For the purposes of this Article: Biscayne Boulevard special vending district is defined as all public rights of way within that ar bounded on the st by the centerline of Biscayne Boulevard; on the north by Northeast Business tax receipt (BTR) as defined in Chapter 31 of the City of Miami Code. Civic center special vending district is defined as all public rights -of -way within that area bound by and including both sides of Northwest 12th Avenue on the east, Northwest 14th Street on the north, Northwest 12th Street on the south, and Northwest 14th Avenue on the west. known as the "Coconut Grove Village Center" which is generally delineated by the SD 2 district the area bounded by a line which marks its point of beginning at the intersection of South Bayshore Drive and Mary Street. From said point of beginning move north on Mary Street to Oak Avenue, then west on Oak Avenue to Matilda Street, then south on Matilda Street to Florida Avenue, then west on Florida Avenue to Margaret Street, then south on Margaret Street to William Avenue, then follow an imaginary straight line extending Margaret Street due south until it intersects with Main Highway, then follow Main Highway north to McFarlane Road, then southeast on McFarlane Road to South Bayshore Drive, then northeast on South Bayshore Drive to Mary Street, which is the point of beginning. bounded by the north side of Northeast/Northwest Fifth Street on the south, both sides, respectively of Northwest Third Avenue on the west, Northeast Second Avenue on the east and Northeast/Northwest Tenth Street on the north. Motor vehicle is defined as any vehicle used for the displaying, storing, or transporting of articles offered for sale by a vendor, which is required to be licensed and registered by the department of highway safety and motor vehicles. Open flame is defined as being a heat source which consists of a visible flame or which produces smoke at any time. Open flame cooking is defined as the cooking of food utilizing a heat source which consists of a visible flame or which produces smoke during the cooking process. Permittee is defined as the recipient of a restaurant arcade vending zone permit under the terms and provisions of this article. Person is defined as any natural individual, firm, trust, partnership, association, or corporation, in his/her or its own capacity or as administrator, conservator, executor, trustee, receiver, or other representative appointed by a court. Whenever the word "person" is used in any section of this article prescribing a penalty or fine as applied to partnerships or associations, the word shall include the partners (both general and limited) or members thereof, and such word as applied to corporations shall include the officers, agents, or employees thereof who are responsible for any violation of said section. Planning sticker is defined as the sticker issued by the planning, building and zoning department pursuant to section 39-34(7). Posted notice lottery is defined as a lottery with notice to be given solely by the posting of at least four signs in each of the city's special and restricted zoning districts, with the exception of the arcade and Miami Arena vending districts, at least 30 days prior to the lottery date. Pushcart is defined as a wheeled vehicle propelled solely by a single human. City of Miami File ID: 7632 (Revision: B) Printed On: 5/13/2025 Qualified vendor is defined as any vendor who successfully completes prequalification of his, her or its application for a vending zone; including pushcart certification and proof of all required licenses and permits. Restaurant arcade is defined as a second -level structure authorized, pursuant to section 54-186 of this Code, to extend within the public right-of-way by revocable permit, which is elevated over a portion of the public sidewalk, and which at the second level contains only seating for a restaurant located within the second floor of an adjacent building. Restaurant arcade vending zone is defined as the ground level public right of way sidewalk may extend beyond and parallel to the street side of such restaurant arcade. Sec. 39-32. Vending prohibited in certain locations. Vending, but not peddling, is prohibited in the following locations: (1) Within special vending districts or restaurant arcade vending zones, except within designated vending zones of said areas. (11) Within the boundaries of the Wynwood Business Improvement District. (12) Within the boundaries of the Coconut Grove Business Improvement District. (13) Within the right-of-way abutting a T3 Transect Zone. Sec. 39-34. Limitations within the Coconut Grove special vending district. Reserved. Vending within the Coconut Grove special vending district shall be subject to all generally applicable 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: a. Handmade art and crafts: Any handmade art or craft which takes a material which has been changed into an entirely different shape, design, form or function is acceptable as an original objcct of art or craft. The craft or art object of sale must be predominantly created or altered in form by the street artist or craftsperson. A-sembly alone does not constitute handmade. b. Plants and flowers: Nonhazardous or noncontrolled vegetation limited to fresh cut or dried flowers or potted plants. {2) Vending of merchandise shall be prohibited from any type of vehicle or stand other than a pushcart of the type shown on attachment A hereto (not reproduced in the Code). No merchandise, supplies, containers, or other items related to the vendor shall be placed anywhere in the public right of way other than in or on the pushcart except for one folding armchair or wooden stool. No vendor shall operate or hold an local business tax receipt for more than one pushcart in the herein district. {3) Vending zones. a. Quantity and location of vending zones. The number of vending zones shall not exceed tcn. No vending shall be permitted in the Coconut Grove special vending district except within the sidewalk areas specifically designated on the official graphic attached hcrcto as "attachmon as -amended, herein -referred te-as the "vending map." (Attachment A is not reproduced in the Code.) Substitute locations may be approved by the director of the department of resilience and City of Miami File ID: 7632 (Revision: B) Printed On: 5/13/2025 public works upon a finding that such new vending zone(s) is in an--ustructed sidew c.aik aarea Iotherwise satisfies 11 provisions oft }is-tartic and other applicable regulations. Such substitutions shall be based on findings by the director that such temporary or permanent relocation is warranted on health and safety grounds, or necessitated by rights of way improvement or private or public conrsstructiorni-aactiyity. This vend ng ''crap, astamended shall be the official vending copies furnished i 1pon its adoption and upon any amendment thereto to the city clerk and Oho Coconi it Grove Neighborhood Enhancement Team (NET) office b. Limitations within vending zones. 1. There shall be no more than one vendor permitted to operate from each vendingzone Lech vendor shell be permitted 4o operate from only one vending zone. 2. Each vending zone shall apcso imate t-e-s-ize-ef-e-Te per tea shcart nand shall be cl rly marked on the sidewalk by the department of resilience and public works. 3. Vending pushcarts shall be at all times situated in a position with their longest side parallel to the street curb. c. Assignment of vendors to specific vending zones. 1. Franchise rights. Vending zones within this district shall be occupied only by licensed vendors willing to pay the city for the franchise right to vend exclusively from designated vending zones in the Coconut Grove special vending district, subject to applicable rules, regulations, ordinances and statutes governing vending. There shall be a franchise fee due of $200.00 per month fora total of $1 200 nn 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 fi ill 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. 2. Lottery. 1. The director shall establish and supervise a lottery system whereby those persons possessing a valid and appropriate local busine-c tax receipt, vend shall be chosen by chance for vending zones in this district. The director or NET administrator shall a -sign each vending zone a sequential number corresponding to a clockwise circuit pattern of sequential locations on the vending map. All qualified vendors shall have their names placed into a container for a drawing by the director or NET administrator to dctcrminc 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 each 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 frsue a "notice of street vending franchise opportunities in Coconut Grove." Said notice for each franchise period shall be publicly advertised in a newspaper of general circulation in approximately mid Ai igust and mid February of each calendar year and shall indicate the pending availability of exclusive vending zones in the district and the terms of such availability, including the date, place and time of the lottery. Notices as for a posted notice lottery may also be given, but shall be considered courtesy notice only. City of Miami File ID: 7632 (Revision: B) Printed On: 5/13/2025 iii. Utilizing the standards and criteria set forth in this article, the director may promulgate such reasonable supplementary rules, regulations and procedures as are necessary to implement and effectuate the herein lottery and vending zone assignment 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 place for the holding of a special lottery for such de niated ven` ing zzone(s),�, and ertise said information as for a oocted notice lottery 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 or Coconi ut Grove Neighborhood Enhancement Teem (NET\ official i loon regi lest Faili ire to provide this doci iment along with a valid local business tax receipt, the planning, building and zoning department sticker required by subsection (7\ and sales tax certificate(s) required by subsection W), 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 NET administrator vi. 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. vii. 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 exce-s of five days of a franchise period shall result In a pro rata refund of the lottery franchise fee paid by the franchisee who is the subject of such suspension. 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 nece-city of lottery proceedings. Said new location shall be valid for the balance of the time remaining on the vendor's franchise document for that franchise period, or until the vendor's original franchise is again available. If a substitute location is accepted by the vendor the refund shall be only for the actual days of suspender! operation and shall not include the ela y(s) of operation in the substitute location. viii. Vending activity suspended pursuant to section 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. Contrarily, revocation of franchise documents based on unauthorized abscnccs or violations shall result in a forfeiture of the entire franchise fee. tax receipt, certification from the planning, building and zoning department that the City of Miami File ID: 7632 (Revision: B) Printed On: 5/13/2025 pushcart which will be used in this district has been issued a planning sticker c. Unauthorized absence from a dcsignated vending zone shall constitute a basis for cuspencion and revocation of a franchise document Upon certification by the director or NET administrator that a vending zone has boon i inocci pied for a continuous period of 15 days for reasons other than -those mentioned in subsection (3)cTv7v 2vror ssectionn 39 29, directo- or ET a— aadrmrrinisstrator shaurl-no t vendor of the intent to revoke the vendor's franchise unless clear evidence of proof of vending activity during the 15 day period in question is provided to the director. Subsequent to ten-day notice mailed by certified mail to the address shown on the 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 5/1 230. 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 of Coconut Grove 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 fora period of one calendar year 2. Revocations may be appealed in the same manner provided in section 5/1 230. An appeal shall not stay an order by the director or NET office to remove a pushcart from the district. All goods for sale other than-t#ese on display must be stored within the structure of the pushcart and shall not be visible to the general public. It shall be unlawful for any vendor to use any noise -making device to solicit customers. Vending pushcarts may not be chained or otherwise affixed to trees, light poles, sign stanchions or other stationary entities on the sidewalk. The design and dimension for the pushcart shall be substantially in conformance with the drawing, which is attached hereto as attachment A (on file with the city). zoning department indicating that the pushcart has been reviewed by it and satisfies the following design guidelines: a. Each pushcart must have a minimum of two wheels. b. No pushcart may have more than four wheels. c. Wheels must be functional and decorative. Nonfunctional wheels are prohibited. d. All wheels, except as provided below, shall be made of wood and open spoked. c. Automobile wheels and tires, or other such obviously out of place wheel designs, arc prohibited. f. Casters are prohibited except the use of a caster as a third wheel support for increased mobility of a heavy pushcart. g. Each pushcart must have stability features such as brakes or chocks to fix its location. h. Pushcarts shall be built of durable wood such as oak or similar solid woods. 1. Pushcart construction should exhibit thoughtful design and good technique. j. Pushcarts must be designed to contain all products, supplies and equipment nece-nary to their operation. k. Each pushcart must have a canopy which comes out of the body of the cart. 1. Flashing or moving lights are not permitted. nn. Use of loudspeakers or recorded high volume music is not permitted. City of Miami File ID: 7632 (Revision: B) Printed On: 5/13/2025 or 10:00 a on a Saturday and Sunday and except emerge+ s shall not leave its designated vending zone until 2:00 a.m. of the following day. No pushcart is permitted to remain in its vending zone between 2:00 � m and it:30 o m of the {9) A vending zone shall not be occupied exclusively by a vendor until October 1, 1994. {10) 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 Coconut Grove and are in addition to IocaI b iciness twos imposed by law and other permit vi 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/her designee pursuant to this ccction shall bc placcd in a spccial account cstablished for the "Coconut Grove festival committee," and shall be used for purposes of making street and sidewalk improvements in the Coconut Grove area under said committee's jurisdiction. {11) 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 cntity is to bc allowcd to initially vend exclusively during the vending period and the d iration of s Bch entitlement {12) All franchise documents issued for vending activity in this-d+strict shall only be valid during one franchise perin d l expir �the_exr ira at,e shown on the franchise document and records of the director. Upon such expiration the vendor's once again be awarded pursuant to the lottery procedures of this section. {13) Liability and insurance. a. Prior to the issuancc of a franchise document, the vendor shall furnish the director with a signed statement that said vendor shall hold harmlcss the city, its officer& and employees and shell 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. b. 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 a-sociated local busine-s tax receipt or in connection therewith. Such insurance shall provide coverage of not le-s than $500,000.00 for shall be without prejudice to coverage otherwise existing therein and shall name that the policy shall not terminate or be cancelled prior to the completion of the franchise period without 45 days' written notice to the risk management division of city at the addre-s shown in the franchise document. {1 4) 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 Metropolitan Dade County, if applicablc, cvidcncing that said vendor and the specific vending activity authorized by said franchise document have been permitted by said tax collection entities to the cxtcnt mandatcd by law. Franchiccc(s) shall furnish, upon demand, evidence that the maintain said certification shall constitute a basis for suspension and/or revocation of a franchise document. Sec. 39-36. Limitations within restaurant arcade vending zones. Reserved. City of Miami File ID: 7632 (Revision: B) Printed On: 5/13/2025 Vending within a restaurant arcade vending zone shall be subject to all rules and regulations in this article, except as contrarily and specifically provided below: {1) Fee. The annual permit fee for establishing or maintaining a restaurant arcade by the department of public works. The fee is in addition to the license required pursuant to section 39 28. {2) Permit application. a. Application for a permit to operate a restaurant arcade vending zone shall be made at the department of resilience and public works in a form deemed appropriate by the director. Such application shall include the following information: 1. Name and address of the applicant; 2. A copy of a lid vap t to ope•rtate-a Testa{ a } nt-areade-over he s-i-Glewaik area which is the subject of the application; 3. A copy of current liability insurance; /1. A drawing (minimum scale of one-fourth inch equals one foot) showing the Iayoi it and dimensions of the evicting sirlewaik area and adjacent private property, proposed location, size and number of pushcarts, location of doorways, location of trees, parking meters, bus shelters, sidewalk benches, trash receptacles and any other sidewalk obctn ction either existing or proposed within the pedestrian area• and 0 5. Photographs, drawings, or manufacturers' brochures fully describing the app rance of all -proposed pushcarts, umbrellas, or other objects related to the restaurant arcade vending zone. b. Applications shall be accompanied by a nonrefundable application fee of $150.00. c. Applications shall be reviewed by the following departments: resilience and public works; planning, building and zoning; fire rescue; and finance (license division and risk management division). d. Within 30 days of receipt of a completed application, the director shall issue a letter of intent to approve or deny the permit. c. Thc applicant shall providc proof of required insurance prior to receiving the requested permit. {3) Permit requirements. a. No person or cntity shall establish a restaurant arcade vending zone on any public sidewalk unle-s such person or entity has obtained a valid permit to operate that restaurant arcade vending zone in such a manner pursuant to this article. b. Vending activity within any particular restaurant arcade vending zone shall be restricted to individuals or entities shown as the permittee(s) for the corresponding restaurant arcade on a valid revocable permit i-sued pursuant to section 54 186 of the city Code. {1I) Application review standards and criteria. Thc following standards and critcria shall be used in reviewing an application for a restaurant arcade vending zone permit: a. Thc ar a to be concidcrcd shall have sidewalks, including extended areas, which arc 14 fcct in width or greater. b. Restaurant arcade vending zones shall be located in such a manner that a minimum ten foot wide clear pedestrian path is maintained at all times. In areas of congested pedestrian activity, the director is authorized to require a wider pedestrian path as circumstances dictate c. Umbrellas, canopies and other decorative material shall be fire retardant prc-surc treated, or manufactured of fire resistive material. d. Pushcarts shall not exceed four feet in width and six feet in length, exclusive of canopies and umbrellas, which are not required. e. Additionally, all pushcarts shall satisfy the following design guidelines: 1. Each pushcart must have a minimum of two wheels. City of Miami File ID: 7632 (Revision: B) Printed On: 5/13/2025 {5) 2. No pushcart may have more than four wheels. 3. Wheels must be functional and decorative. Nonfunctional wheels are prohibited. /l . Automobile wheels and tires, or other such obviously out of place wheel designs are prohibiter! d Casters are prohibiter! except the i ise of a caster as a third! wheel support for increased mobility of a heavy pushcart. 6. Eacach-poas-hvufsst have-sst ility features e c e rake s- r cr ocks tofit ss location. 7. Pushcarts shall be built of durable materials. 8. Pushcart construction shall exhibit thoughtful design and good technique and aesthetically compliment applicable city master plans or projects for the surroi ending arm bothto ensure the safety and convenience of users and to lTr ,TJV T'�.7GITr.C�GQTfPGTITGTI�G-GTG(.TGI .�iTT�r-CP enhance thc visual and aesthetic quality of the urban environment. Design, mEaterials, an —and colors shall be sympathetic and harmonious with an urban environment. 9. Pushcarts must be designed to contain all products, supplies and equipment necessary to their operation. 10. All electrical apparatus on a pushcart should be of a low voltage type. All electrical connections shall be by overhear! connection and! be of a design and! type approved by the director. Liability and insurance. a. Prior to thc issuance of a permit, the applicant shall furnish the director with a signed statement, in a form approved by thc city attorney, that the permittee 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 an activity carried on under the terms of the permit. property damage insurance in an amount sufficient to protect the city from all claims and damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall damage, respectively, per occurrence. Such insurance shall be approved by the risk management division of the department of finance, shall be without prejudice to coverage otherwise existing therein and shall name as additional insured the city its officers and employees and shall fi irther provide that the policy shall not terminate or be cancelled prior to the completion of the permit period without 45 days' written notice to the risk management division of the department of finance, and thc dircctor of resilience and public works of the city at the address shown in the permit. {6) Form and condition of permit. The permit shall be i:cued on a form deemed suitable to the director. In addition to naming the permittee and any other information deemed appropriate by thc dircctor, thc permit shall contain the following conditions: a. Each permit shall be effective for one year subject to annual renewal. b. The permit irsued shall be personal to the permittee only and shall not be transferable in any manner. c. The permit may be suspended by the director when nece-nary to clear sidewalk police department. d. The director may require the temporary removal of restaurant arcade vending zones when street, sidewalk, or utility repairs nece-sitate such action. c. The department of resilience and public works or thc police department may immediately remove or relocate all or parts of the restaurant arcade vending zone In emergency situations. City of Miami File ID: 7632 (Revision: B) Printed On: 5/13/2025 {7) f. The city and its officers and employees shall not be responsible for restaurant arcade zone components relocated during emergencies. g. The permit shall be specifically limited to the area shown on the "exhibit" attached to and made part of the permit. h. The permittee shall use positive action to assure that its use of the sidewalk in no wa rferes with sidewalk users or limits their free unobstructed passage. 1. The sidewalk area covered by the permit shall be maintained in a neat and orderly appearance at all times and the area shall be cleared of all debris on a periodic basic during the dla y and again at the close of each b iciness days j. No advertising signs or business identification signs shall be permitted in the public right of way; this shall not prohibit the use of umbrellas carrying company logotypes. k. The permittee shall notify the director of resilience and public works, in writing, when operation -of he restaurant arcade vending zone begins. The notice shall be delivered to the director within 2/1 hours of such commencement. I. The issuance of a restaurant arcade vending zone permit does not grant or infer to deny the issuance of a permit or the renewal of a permit. Denial, revocation or suspension of permit; removal and storage fees; emergencies. a Fh recterm�denyr-evoke or suspend a permit for any rectal irant arcade vending zone authorized in the city if it is found that: 1. Any necessary business or health permit has been suspended, revoked, or cancelled. 2. The permittee does not have insurance which is correct and effective in the rninimum amount described in subsection (5). 3. Changing conditions of pedestrian or vehicular traffic cause congestion necessitating removal of restaurant arcade vending zone. Such decision shall be based upon findings of director that the minimum ten foot pedestrian path is insufficient under existing circumstances and represents a danger to the health, safety, or general welfare of pedestrians or vehicular traffic. �. The permittee has failed to correct violations of this article or conditions of his/her permit within three days of receipt of the director's notice of same delivered in writing to the permittee. 5. The permittee has failed to take positive actions to prohibit violations from recurring. 6. The permittee has failed to make modifications within three days of receipt of the director's notice of same delivered in writing to the permittee. 7. Pushcarts and other vestiges of the restaurant arcade vending zones may be removed by the department of resilience and public works, and a reasonable remove the items within 36 hours of receipt of the director's final notice to do so for any reason provided for under this article. If the action is taken based on subsection (7)a.2 or (7)a.3, the action shall become effective upon the receipt of such notice and the permittee shall have four hours to remove the items. b. Upon denial or revocation, the director shall give notice of such action to the applicant or the permittcc in writing stating the action which has been taken and the reason thereof. If the action of the director is based on subsection (7)a.2 or (7)a.3, the action shall be effective upon giving such notice to permittee. Otherwise, such action shall become effective within ten days unless appealed to the city commission. {8) Appeals. a. App als shall be initiatcd within tcn days of a permit denial or revocation by filing a written notice of appeal with the city manager and a copy of same delivered the City of Miami File ID: 7632 (Revision: B) Printed On: 5/13/2025 came day to thc director. Any revocation effective immediately may also be appealed to the city commission by such filing within ten days. b. The city manager shall place the appeal on the first non planning and zoning city commission agenda for which reasonable notice can be given and shall notify the director of resilience and public works thereof. At the hearing upon appeal, the city commission shall hoar and determine Oho anneal and Oho decision of Oho city commission shall be final and effective immediately. c. The filing of a notice of appeal by a permittee shall not stay an order by the director to remove a restaurant arcade vending zone or parts thereof. Vestiges of the -rests{, rrrcrant arcending zone shall be removed immediately ac set o tin subsection (7), pending disposition of the appeal and final decision of the city commission. d. A permit which has been suspended or revoked pursuant to subsection (7)a.1, (7)a.2 or (7)a.A1 may be reinstated by the director of the department of resilience and public works at such time as the permittee has demonstrated that the violation has been corrected to the satisfaction of the department of resilience and public works. c. A new permit shall not be issued or an existing permit shall not be reinstated for a rninimum period of six months after the issuance or reinstatement has been denied by the director of resilience and public works, or in the event of an appeal, by the city commission. {9) Loudspeakers, etc. Use of loudspeakers or recorded high volume music is not permitted. {10) Obstruction of pedestrian path. No portion of a pushcart, umbrella or canopy shall tend into the ten foot pedestrian path. {11) Merchandise vending. No merchandise shall be vended or displayed other than that allowed for thc ar surrounding the restaurant arcade vending zone. {12) Placement of vending pushcarts. Vending pushcarts shall be placed between or parallel to the restaurant arcade's support colcruml w-la applicable and/or in the n iidened cidewalh aroma ifs ich evicts {13) Hours, restrictions. Pushcarts may be located in a restaurant arcade vending zone at any time of the day or night, unless the director determines that conditions warrant restricted hours. Sec. 39-37. Limitations within Miami Arena special vending district. Reserved 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 resilience and public works department sidewalk vending markings for the district. {3) No licensee shall operate, or hold a local business tax receipt for more than one pushcart in the herein district. {'I) Vending zones. a. Location of vending zoncs. Vending shall be prohibited in the Miami Arena special vending district except from a specifically approved location within the sidewalk ar s generally designated on thc graphics attached hereto as attachments A, B and C. The selection of specific vending locations shall be the responsibility of the department of resilience and 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 resilience and public works upon a finding that the existence of such zone or location cr atcs an obstruction to pedestrian or City of Miami File ID: 7632 (Revision: B) Printed On: 5/13/2025 vehicular traffic, or otherwise 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 locations are in a on sidewalks adjacent to or directly across from residential developments. b. 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. I }� 2. €ach vends a tion shall approximate he cize of one- permittedpach^cart and shall be cl rly marked on the sidewalk by the department of resilience and public works. The director shall keep an updated file showing and listing governmental agency perusal and use. 3. All vending locations shall be spaced and oriented so as to maximize pedestrian flow and safety and magi exceed the linear frontage limitations of section 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 pushcarts shall not be located in this district during said hours. Further, vending shall not be permitted nor shall pushcarts be located within the preceding, during and two hours following authorized event(s). For purposes of this section, events, event days and event timcs shall be as determined by the managing office of the Miami Arena and published by the management monthly in the Miami subsequent to printing of said calendar, or errors therein, shall be ultimately resolved by the police department utilizing the most recent official rccords of the arcna's management. {9) Vending is prohibited, without exception, on any combination sidewalk and curb Ice than eight feet in width. {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. Vending within the Biscayne Boulevard special vending district ("district") shall be subject to all rulcs and rcgulations in this articic, cxcept as contrarily and specifically provided below: {1) No merchandise shall be vended or displayed other than: a. Prc packagcd foods, as dcfincd by 61 C 1.001, Florida Administrativc Codc {2000), as amended, of the snack food type, in sealed bags. b. Prepared foods including, but not limited to: ice cream, baked goods, fresh fruit and the like. c. Unprepared foods including, but not limited to: hot dogs, crepes and the like. However, shiskabobs and like foods requiring heat generators, are prohibited. d. Plants and flowers including, but not limited to: fresh cut or dried flowers or potted plants and the like. City of Miami File ID: 7632 (Revision: B) Printed On: 5/13/2025 {2) Vending of merchandise shall also be in strict compliance with applicable regulations of the Florida Department of Agriculture, Florida Department of Business and Professional Regulation and Miami Dade County. {3) Vending of merchandise shall be prohibited from any type of vehicle or stand other than a pushcart of the specific types and construction shown and described on composite "Exhibit B," attached to Ordinance No. 11212. Said pushcarts shall satisfy the above criteria and be inspected and certified initially and on an ongoing basis by director shall prepare a uniform pushcart certification form for usage in the district. {'I) Pushcarts shall be located in their vending zones in a physical position commensurate with department of resilience and public works vending markings for the district. {5) No merchandise, supplies, containers or any other items related to the vendor shall be placed anywhere within the public right of way other than on or conc aled within the pushcart, with the exception of one folding chair or wooden stool of a type approved by design requirements. {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 on the sidewalk. {8) No licensee shall operate, or hold a local business tax receipt for more than one pushcart in the herein district. {9) Vending is prohibited within the district between the hours of 1:00 a.m. to 10:00 a.m., and pushcarts shall not be located in the district during said hours. Further, vending shall not be permitted nor shall pushcarts be located within the district on event days hours following authorized event(s). For purposes of this section, events, event days and event times shall be as determined by the managing office of the New Arena and Problems occasioned by changes in event times occurring subsequent to the publication of said calendar, or errors therein, shall be ultimately resolved by the police department or downtown NET office, utilizing the most recent official records of the New Arena's management. {10) Vending is permitted pursuant to the provisions of this article only on days when an event is scheduled in the Ncw Arena. {11) Vending is prohibited, without exception, on any combination sidewalk and curb Icsc than eight feet in width. {12) Open flame cooking and use is prohibited, except as provided in sections 39 39 and 39 40. {13) Vending zones. a. Location of vending zones. 1. Vending shall be prohibited in the district except from a specifically approved location within the sidewalk areas generally designated on the graphic attached to Ordinance No. 12002 as "Attachment A." However, the selection of specific vending zone locations subsequent to the establishment of this district shall be the responsibility of the director, using the standards and criteria contained in this article. Vending zones and vendor locations, including those initially established herein, may be deleted or relocated by the director upon a written finding that said action is necessary because the existing zone or location creates an obstruction to pedestrian or vehicular traffic, or otherwise creates a threat to the public health, safety or general welfare. Establis-finen# of the alternate zene(s) er lecation(s) shall also require a written finding that such new vending location(s) is within the district and otherwise satisfies provisions of this article and other applicable regulations. City of Miami File ID: 7632 (Revision: B) Printed On: 5/13/2025 However, vending shall not be permitted on sidewalks or rights of way adjacent to or directly across from residential developments. 2. All vending locations, of which there shall be a maximum of eight, shall be spaced and oriented so as to maximize pedestrian flow and safety. b. Limitations within vending zones. 1. No more than one vendor shall be permitted to operate from each vending location and girl vendor magi not move from location to location except as provider! for in this section. 2. Each vending location shall approximate the size oaf on-e pert ted and shall be clearly identified by a metal (brass) pin and washer embedded in its proper location within the public right of way by the department of resilience and public works' survey division. The director shall keep an updated file showing and listing ai ithorized locations along with appropriate g%c� ai bllefor pi blic and gov }mienagency pp Tsal ara d use,, a-rd provide the downtown NET office and the city clerk with a certified copy of the current file. 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, regulatieas, ordinances and statutes governing vending. There shall be a franchise fee franchises. As a condition precedent to receiving a franchise, the total amount 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 vacatc the vending zone. All franchise fees shall be paid at the downtown NET office or its successor entity. 2. Lottery. 1. The director shall establish and supervise a lottery system whereby those persons possessing a valid and appropriate local business tax receipt, appropriatc state and local sales tax certificate(s), shall 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 ast to wcst rotation pattcrn of scqucntial locations on the vending map, amcndcd. 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 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 frsue a "Notice of Street Vending Franchise Opportunities" in the district. Said notice, for each franchise period, shall be publicly advertised in a newspaper of general circulation in approximately mid Ai igust and mid February of each calendar year and shall indicate the pending availability of exclusive vending zones in the district and the terms of such availability, including the date, place and time of the lottery. Notices, as for a posted notice lottery, may also be given, but shall be considered courtesy notice only. City of Miami File ID: 7632 (Revision: B) Printed On: 5/13/2025 iii. Utilizing the standards and criteria set forth in this article, the director may promulgate such reasonable supplementary rules, regulations and procedures as are necessary to implement and effectuate the herein lottery and vending zone assignment 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 place for the holding of a special lottery for such de TAted vending zzone(s) icly advertise said information as fora posted notice lottery 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 resilience and pi blic works department representative upon request. Failure to immediately provide this doci iment along with a valid IocaI b siness tax receipt pi shcart certification and sales tax certificate(s), shall be grounds for immediate removal of the pushcart from the vending zone and district, suspension of revocation proceedings by the director or downtown NET administrator vi. 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. vii. Any vending zone or franchise document issued pursuant to this section shall bc 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 dispo-sessed, 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 substitutc location, the refund shall bc only for the actual days of suspended operation and shall net include the da y(s) of 0 operation in the substitute location. 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 tax receipt, certification, pursuant to section 39 7.1(3), that the pushcart which will be used in this district has been approved, and sales tax certification. City of Miami File ID: 7632 (Revision: B) Printed On: 5/13/2025 c. Unauthorizcd abccncc from a dcsignated 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 boon i inocci pied fora continuos is 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 lottery application form, the the franchise to a different vendor, pursuant to a-pscted notice lottery, for the balance of that franchise period. The vendor subject to such revocation may app al thc director's dccision in the same manner provided in section 5/1 230. 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 5/1 230. An appeal shall not stay an order by the director or NET office to remove a pushcart from the district. 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 thc 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/her designee pursuant to this section shall be placed in a special account cstablished for the "Biscayne Boulevard Special Vending District," and shall be used to defray the cost of administering and regulating the district's vendors. h. 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 dl Iring the vending period and the duration of s Ich entitlement All franchise documents issued for vending activity in this district shall only be valid franchise document and records of the director. Upon such cxpiration thc vendor's shall once again be awarded pursuant to the lottery procedures of this section. 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 shell indemnify the city its officers and cmployccs 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 si ich piblic liability and property damage from ell claims and damage to property or bodily injury, including death, which may arise from operations under the franchise document and a-sociated local busine-c tax receipt or in connection therewith. Such insurance shall provide coverage of City of Miami File ID: 7632 (Revision: B) Printed On: 5/13/2025 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 4hat the policy shall not terminate or be canceled prior to the completion of the franchise period without /15 days' written notices to the risk management division and the director at the addresses shown in the franchise document. c. Sales tax certification. Prior to the issuance of franchise documents, said vendor shall also fi irnish original evidence of a valid certificate of resale or eg iiyalon4 document from the Florida Department of Revenue and Miami Dade County, if applicablc, cvidcncing 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 issucd, upon inspcction, by the statc dcpartment of business and professional regf nation (for vending prepared fond! as definer! by state reef nations) and/or the state department of agriculture (for vending prepackaged food! as definer! rn. vccr�vzrc�arcm cn c-vr-ay��vurccnti-�rvrvc^crtrr�Pr�Pa�v�ca5ca�wmav-�-rcnrrca by state regulations). Sec. 39-41. - Size requirements for vending stands. No stand shall exceed three and one half feet (3') in width and six feet in length and five feet in height exclusive of the height of umbrellas, canopies, and similar devices, except that stands within the Downtown Miami special vending district shall not exceed three and one half feet (3.5') in width. Canopies and umbrellas shall have a minimum seven -foot clearance above ground level. *11 Section 3. If any section, part of a 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 upon final reading and adoption thereof.2 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 or upon the effective date stated herein. whichever is later. City of Miami File ID: 7632 (Revision: B) Printed On: 5/13/2025 APPROVED AS TO FORM AND CORRECTNESS: 9/15/2020 - rtb ia`/,� de��S z, pity Attor ez, ity ttor ey 11/24/2020 City of Miami File ID: 7632 (Revision: B) Printed On: 5/13/2025