HomeMy WebLinkAboutO-13947City of Miami
Ordinance 13947
Legislation
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:'
"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 Page 1 of 19 File ID: 7632 (Revision: B) Printed On: 5/13/2025
File ID: 7632 Enactment Number: 13947
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
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 interjects 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.
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File ID: 7632 Enactment Number: 13947
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.
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
applicablc rulcs and rcgulations 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. Handmadc 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
acccptablc 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
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{3)
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.
Vending zones.
a. Quantity and location of ve Z es. The -amber of vending zees shall not
exceed tcn../+NI�o vending shall }b�e/+Ip�cr�miit�te�d in the Coconut Grove special
vending
grap attached ereto as '—artaVTTmentamended, a—a'nd"herein r�Tl ed to 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
public works upo�n�a finding�that such new vending zone(s) is in an--structed
idk sew area, atttrothe- Fse satisfie 11 pnsrovisioof this-tarticl v+her
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
��st n� c i4 Ts vending mapa?m�F� shall be the official vending
zone locator for the district and shall be kept in the office of the director with
copies fi irnished i pon its adoption and i loon any amendment thereto to the city
clerk and the 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
vendinggzone Each vendor shell be permitted to operate from only one
vending zone.
2. Each vending zone shall approximate the size-Gf-G1:1-e-pe ; ted shcart-a;a
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 vcnding 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 for a total of $1 200 nn per franchise period for franchises ( s 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.
2. Lottery.
i. The director shall establish and supervise a lottery system whereby those
persons po-se-sing a valid and appropriate local busine-c tax receipt,
appropriate state and local sales tax certificate(s), and planning sticker to
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 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 each franchise period all
vendors shall relocate, via rotation, to the next vending zone in the
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aforcmcntioncd scquence. 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 issue 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 mirl_4i joust and mirl_Febr iary of each calendar year and
r
shall indicatc 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 apested notice lottery may also be
g+ven, but shall be considered courtesy notice only.
iii. Utilizing the standards and criteria set forth in this article, the director
nnay 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
designated vending zone(s), ertise said information
as fora poster) 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
required by subsection (14), shall be grounds for immediate removal of
the pushcart from the vending zone and district, suspension of the
franchise and initiation of local busine"c 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 irsued pursuant to this section
shall be subject to modification by ordinance at any time deemed
nece-cary 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 dispo"se"sed may, if po-sible, be offered a
substitute vending zone by the director without the necessity of lottery
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proc�n-viceedingc. 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 si ispended operation and shall not incli a the days) 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 an„ pro rats refs ind of a franchise
fee. Contrarily, revocation of franchise documents based on unauthorized
absenccs or violations shall result in a forfeiture of the entire franchise
fee.
tax receipt, certification from the planning, building and zoning department that the
pushcart which will be used in this district has been issued a planning sticker
c. Unauthorizcd abscncc from a dcsignated vending zone shall constitute a basis for
suspension and revocation of a franchise document. Upon certification by the
director or NET administrator that a vending zone has boon i inocci spier-! for a
continuous period of 15 days for reasons other than those mentioned in subsection
r3)c�v�v-2� ci-or ssectionn 39 29, ecr NT
dirtor oEaadrmrrinisstrator shalurl-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 -bested 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 541 230.
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; Oho third violation notice or citation shall rocs It in an
automatic rcvocation of franchise document, immediate removal of 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.
{'1) All goods for sale other than those on display must be stored within the structure of
the pushcart and shall not be visible to the general public.
{5) It shall be unlawful for any vendor to use any noise making device to solicit
customers.
{6) Vending pushcarts may not be chained or otherwise affixed to trees, light poles, sign
stanchions or other stationary entities on the sidewalk.
{7) 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).
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zoning department indicating that the pushcart has been reviewed by it and satisfies
the following design guidelines:
a Cash of ichnart must have a minima im 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.
e. Automobile wheels and tires, or other such obviously out of place wheel designs,
are prohibited.
f Casters are prohibited except Oho i ice of a raster ac a third wheel s pport for
increased mobility of a heavy pushcart.
g. Each push 1-l--Fiyust have sst ility fea -es such rakes or chocks 4n fix its
`^"� � F'" �av� � vrra vvr-vrTvcrcrcv�ic-rry
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
necessary to their operation.
kC
. E s-hrt isst h ihich come i t of body of the t.
1. Flashing or moving lights are not permitted.
nn. Use of loudspeakers or recorded high volume music is not permitted.
or 10:00 a.m. on a Saturday and S6 inda„ and except-f-er emergencies 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 p m of the
following weekda y or between 2:00 a m and 10:00 a m. on a Saturday or Sunda
{9) A vending zone shall not be occupied exclusively by a vendor until October 1, 199/1.
{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
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 established for the "Coconut Grove festival
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 entity is to be allowed to initially vend exclusively during the vending
period and the duration of such entitlement
{12) All franchise documents issued for vending activity in this district shall only be valid
dl Iring line franchise period,and shall ex the ex ate sho / rye
franchise document "and records of the director. Upon such cxpiratioanrthc vendor's
once again be awarded pursuant to the lottery procedures of this section.
{13) Liability and insurance.
a. Prior to thc issuance of a franchise document, the vendor shall furnish the director
with a signed statement that said vendor shall hold harmlc-s thc city, its officcrs
and cmployccs, and shall indcmnify the city, its officers and employees for any
claims for damages to property or injury to persons which may be occasioned by
any activity carricd on undcr thc terms of the franchise document and associated
local business tax receipt.
b. Prior to the i-suance of a franchise document, said vendor shall also furnish and
property or bodily injury, including death, which may arise from operations under
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File ID: 7632 Enactment Number: 13947
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
shall be without prejudice to covcrage otherwise existing therein and shall name
that the policy shall not terminate or be cancelled prior to the completion of the
franchise period without /15 days' written notice to the risk management division of
city at the address shown in the franchise document.
WI) 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
done iment from the Florida department of reveni ie anrd Metropolitan (lade 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
tent mandated by law. Franchisee(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.
Vending within a restaurant arcade vending zone shall be subject to all rules and
regulati-eiars 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
appropriatc by the dircctor. Such application shall include the following
information:
1. Name and addre-s of the applicant;
2. A copy of a valid permit to operate a restaurant arcade over the sidewalk 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
layout and dimcnsions of the existing sidewalk area and adjacent private
property, proposed location, size and number of pushcarts, location of
trash receptacles and any other sidewalk obstruction either existing or
proposed within the pedestrian area• and
5. Photographs, drawings, or manufacturers' brochures fully describing the
app arancc of all propoccd 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).
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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 unless 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 issued pursuant to section 5/1 186 of
the city Code.
{'I) 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 considered shall have sidewalks, including extended areas, which
are 1/1 feet in width or greater.
b. Restaurant arcade vending zones shall be located in such a manner that a
congested pedestrian activity, the director is authorized to require a wider
pedestrian path ac cirri imstancec dictato
c. Umbrellas, canopies and other decorative material shall be firc rctardant pressurc
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 4dditionally all pi shcartc shall satisfy Oho following design of iidolines:
-1i . Eaccxch p•a vu� sst have a minima im of two wheels..
2. No pushcart may have more than four wheels.
3. Wheels must be functional and decorative. Nonfunctional wheels are
prohibited.
/1. Automobile wheels and tires, or other such obviously out of place wheel
designs are prohibitor!
5. Casters are prohibited except the use of a caster as a third wheel support for
increased mobility of a heavy pushcart.
6. Each pushcart must have stability features such as brakcs or chocks to fit its
location.
7. Pushcarts shall be built of durable materials.
8. Pushcart construction shall exhibit thoughtful design and good technique and
acsthctically complimcnt applicable city master plans or projects for the
surrounding area, both to ensure the safety and convenience of users, and to
cnhancc thc visual
and acsthctic quality of the urban cnvironment. Design,
rmate•rials, and colors shaII bo c impathet' monioi c h pm-c� u barn
cnvironment.
0. Pushcarts must be dcsigncd to contain all products, supplics and equipment
nece-nary to their operation.
10. All electrical apparatus on a pushcart should be of a low voltage type. All
cicctrical conncctions shall be by ovcrh ad conncction and be of a design and
type approved by the director.
{5) Liability and insurance.
a. Prior to thc issuancc of a permit, the applicant shall furnish the director with a
signed statement, in a form approved by the city attorney, that the permittee shall
hold harmless the city, its officers and employees and shall indcmnify thc city, its
City of Miami Page 9 of 19 File ID: 7632 (Revision: B) Printed on: 5/13/2025
File ID: 7632 Enactment Number: 13947
officers and employees for any claims for damages to property or inii it y to persons
which may be occasioned by an activity carried on under the terms of the permit.
b. Permittee shall furnish and maintain public liability, food products liability, and
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
terminate or be cancelled prior to the completion of the permit period without /15
days' written notice to the risk management division of the department of finance,
and the director 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 issued on a form deemed suitable
to the director. In addition to naming the permittee and any other information deemed
appropriate by the director, the permit shall contain the following conditions:
a Each permit shall be effective for one years ibiect to anni gal renewal
b. The permit issued 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 necessary to clear sidewalk
{7)
police department.
d. The director may require the temporary removal of restaurant arcade vending
zones when street, sidewalk, or utility repairs necessitate such action.
c. Thc dcpartmcnt of resilicncc and public works or the police department may
immediately remove or relocate all or parts of the restaurant arcade vending zone
In emergency situations.
f. The city and its officers and employees shall not be responsible for restaurant
arcade zonc 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 a -sure that its use of the sidewalk in no
way interferes with sidewalk users or limits their free unobstructed pa:age.
i. The sidewalk area covered by the permit shall be maintained in a neat and orderly
appearance at ell times and the area shall be clearer! of all debris on a periodic
basis during the day and again at the close of each bi iciness da y
j. No advertising signs or busine-s identification signs shall be permitted in the public
right of way; this shall not prohibit the use of umbrellas carrying company
logotypes.
The permittee shall notify the director of resilience and public works, in writing,
when operation of the restaurant arcade vending zone begins. The notice shall be
delivered to the director within 24 hours of such commencement.
1. The i"nuance of a restaurant arcade vending zone permit does not grant or infer
vested rights to use of the sidewalk area by the permittee. The city retains the right
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. Thc dircctor may dcny, rcvokc, or suspend a permit for any restaurant arcade
vending zone authorized in the city if it is found that:
1. Any nece-nary busine-c or health permit has been suspended, revoked, or
cancelled.
City of Miami Page 10 of 19 File ID: 7632 (Revision: B) Printed on: 5/13/2025
File ID: 7632 Enactment Number: 13947
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.
/1. 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 resilionce and public works and a reasonable
feecharged for labor transportat n and sstorage should the pormittee fail to
r �vrvrcrarr yr rr-arrcr
remove the items within 36 hours of receipt of the director's final notice to do
se fozor anyr easonn p-provided fo�or under this-tarticle I f Oho 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 permittee 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 Is shall be initiated within ten 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
same day to the director. Any revocation effective immediately may also be
app alcd to thc 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 hear and !determine the appeal and the decision ref 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
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.4 may be reinstated by the director of the department of resilience
and public works at such timc as thc 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 issucd or an cxisting 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.
City of Miami Page 11 of 19 File ID: 7632 (Revision: B) Printed on: 5/13/2025
File ID: 7632 Enactment Number: 13947
{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 the area surrounding the restaurant arcade vending zone
{12) Placement of vending pushcarts. Vending pushcarts shall be placed between or
n iidened sidewalh area if si ch 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.
vending district except from a specifically approved location within the sidewalk
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
cxistcncc of such zonc or location cr atcs an obstruction to pedestrian or
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
articic and othcr applicablc rcgulations; however, vending shall not be permitted
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.
2. Each vending location shall approximate the size of one permitted pushcart
and shall be cl arly markcd on the sidewalk by the department of resilience
and public works. The director shall keep an updated file showing and listing
authorizcd locations,
governmental agency perusal and use.
3. All vending locations shall be spaced and oriented so as to maximize
section 39 33(2)e herein.
City of Miami Page 12 of 19 File ID: 7632 (Revision: B) Printed on: 5/13/2025
File ID: 7632 Enactment Number: 13947
{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
cubscqucnt to printing of said calcndar, or crrors therein, shall be ultimately resolved
by the police department utilizing the most recent official records of the arena's
management.
{9) Vending is prohibited, witho i4 exception on any combination sidewalk and c irb loss
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.
Vending within the Biscayne Boulevard special vending district ("district") shall be subject to
all rulcs and rcgulations in this article, except as contrarily and specifically provided below:
{1) No merchandise shall be vended or displayed other than:
a. Pre -packaged foods, as defined by 61 r_1 001 Florida Administrative Code
(200 ?me-nFednft-14e-snack f ype 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.
{2) Vending of merchandise shall also be in strict compliancc with applicablc rcgulations
of the Florida Department of Agriculture, Florida Department of Business and
Profec.sional 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
the director and downtown NET administrator as having complied with this section. The
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 othcr than on or conc alcd within the
pushcart, with the exception of one folding chair or wooden stool of a type approved by
design requirements.
City of Miami Page 13 of 19 File ID: 7632 (Revision: B) Printed on: 5/13/2025
File ID: 7632 Enactment Number: 13947
{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
p bliched in Oho New 4renas Calendar of Events or a like official p blication
v
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
c-✓ent is scheduled in the New Arena.
than eight feet in width.
{12) Open flame cooking and use is prohibited, except as provided in sections 39 39 and
39/10.
{13) Vending zones.
a. Location of vending zones.
1. Vending shall be prohibited in the district except from a specifically approved
atien �e ii�n the sidewalk areas ggeneral ecsignated on the gr c
TT'vTf rr .7iGl c-w-anrarca cn TQCGG�Tr-CTTI..
attached to Ordinance N . 1200�-asA°ttaehTment wever, the -selection
of specific vending zone locatie4s 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 nece-nary 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.
Estab- en# 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.
However, vending shall not be permitted on sidewalks or rights of way
adjaccnt to or dircctly 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
Zonation and girl vendor may not move from location 4o location except as
provided for in this section.
2. Each vending location shall approximate the size of one permitted pushcart
and shall be clearly identified by a metal (brass) resin and n usher 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 authorized locations, along with appropriate
graphiI/^s, ']\/Zf0,ailable r p blic and govern ental agen +/ y pert sal anti I se, and
City of Miami Page 14 of 19 File ID: 7632 (Revision: B) Printed on: 5/13/2025
File ID: 7632 Enactment Number: 13947
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, regulations,
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 vcnding zone. All franchise fees shall be paid at the downtown
NET office or its successor entity.
Lottery.
1. The director shall establish and supervise a lottery system whereby those
persons possessing a valid and appropriate local business tax receipt,
appropriatc statc 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
st to wcct rotation pattcrn of scquential locations on the vending map,
which shall correspond to "Attachment A" of Ordinance No. 12002, as
amended 4ll of ialified vendors shall have their names placed into a
container fora 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 ircue 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 ni 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.
iii. Utilizing the standards and criteria set forth in this article, the director
may promulgate such reasonable supplementary rules, regulations and
procedures as are nece-nary to implement and effectuate the herein
lottery and vending zone assignment prose-c.
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
designated vending zonc(s), and shalllT Pertise said information
as for a postcd notice lottery.
v. All franchise documents are nontransferable. Sale of a majority of stock in
a corporatc franchisc by stockholders listed on the franchise application
City of Miami Page 15 of 19 File ID: 7632 (Revision: B) Printed on: 5/13/2025
File ID: 7632 Enactment Number: 13947
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
certification and sales tax certificate(s), shall be grounds for immediate
removal of the pushcart from the vending zone and district, suspension of
the fra T and initiation of local b iciness tax receipt and franchise
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
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 bc only for the
actual days of suspended operation and shall not include the day(s) of
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 i used in this district has been approved and sales tax certification
c. 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
far a continuous period of ten event days far reasons ether 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
unle"s 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
City of Miami Page 16 of 19 File ID: 7632 (Revision: B) Printed on: 5/13/2025
File ID: 7632 Enactment Number: 13947
by certified mail to the address shown on the vendor's lottery application form, the
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
app I thc dircctor'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
pshcart from Oho district anrd banishment of the violator from Oho 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
New 4rena downtown area anrd are in ardrdition to local business twos 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/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
r-di firing theyenrdin`r period anrd the rdi iration of s ich entitlement
All franchise documents issued for vending activity in this district shall only be valid
ne franchise peri ex the ex y a a shown on the
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 anrd employees anrd shell indemnify the city its officers anrd
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 i"suance of a franchise document, said vendor shall also furnish
anrd maintain si Bch of blic liability anrd property damage from ell claims anrd
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
per occurrence. Such insurance shall be without prejudice to coverage
otherwise existing therein and shall name as additional insured thc city, its
officers anrd employees and shall fi rther proyi de that the policy shall not
terminate or be canceled prior to the completion of the franchise period
City of Miami Page 17 of 19 File ID: 7632 (Revision: B) Printed on: 5/13/2025
File ID: 7632 Enactment Number: 13947
without /15 days' written notices to the risk management division and the
director at the addresses shown in the franchise document.
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
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
ag-nation (for vending prepared food as defined by state regf nations) and/or
0
the state department of agrici ilture (for vending prepackaged food! as definer!
rn. vcucczrc�arcm cn c-vr-c��vurccnti-�rvrvc^crtrr�Pr�Pa�v�ca5ca�aa-�-rcnrrcc
dy 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.
*55
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 Page 18 of 19 File ID: 7632 (Revision: B) Printed on: 5/13/2025
File ID: 7632
Enactment Number: 13947
APPROVED AS TO FORM AND CORRECTNESS:
ez, ity ttor
9/15/2020 - rtti ia`idt dez, ity Attor
1
ey ) 11/24/2020
City of Miami Page 19 of 19 File ID: 7632 (Revision: B) Printed on: 5/13/2025