Loading...
HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez, City Attorney DATE: April 27, 2023 (2J___4 RE: City Commission Meeting — April 13, 2023 Proposed Amendment to Chapter 39/Article II of the Code of the City of Miami, Florida, as amended, titled "peddlers and itinerant vendors/sidewalk and street vendors," to provide for the allowance of stationary vendors only in approved vending districts. File No.: 13784 The attached proposed ordinance seeks to amend. Chapter 39/Article II of the Code of the City of Miami, Florida, as amended, titled "peddlers and itinerant vendors/sidewalk and street vendors," to provide for the allowance of stationary vendors only in approved vending districts. Attachment(s) cc. Art Noriega, V, City Manager Miriam M. Santana, Agenda Coordinator VM/EH/vja City of Miami File ID: 13784 (Revision:) Printed On: 6/30/2025 City of Miami Legislation Ordinance Enactment Number :14163 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 13784 Final Action Date:4/27/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 39/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PEDDLERS AND ITINERANT VENDORS/SIDEWALK AND STREET VENDORS," TO PROVIDE FOR THE ALLOWANCE OF STATIONARY VENDORS ONLY IN APPROVED VENDING DISTRICTS; 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") sets forth the requirements for both mobile and stationary peddlers and itinerant vendors in the City of Miami, Florida ("City"); and WHEREAS, the City rights -of -way have become cluttered with stationary vendors selling jewelry, food, clothes, flowers and other goods; and WHEREAS, these vendors move unencumbered with their stands through various neighborhood areas detracting from brick and mortar retail businesses that are the backbone of a local economy, interfering with the flow of traffic and disrupting pedestrian traffic; and WHEREAS, the City enforcement has had to allot tremendous resources to investigations due to a large amount of these vendors not having a required City Business Tax Receipt ("BTR"), not having required State of Florida inspections for food vendors, complaints from abutting businesses and residents as to the noise and disturbances being created and many other quality of life issues; and WHEREAS, these vendors have caused a major uptick in garbage and other waste being left in the public roadways, sidewalks and on private properties; and WHEREAS, food vendors have been found to be serving food ready to eat without providing proof of required State of Florida inspections, sanitary or trash receptacles and allowing the refuse of their purchased products to remain in the right-of-way leading to infestations of rodents and bugs and other detritus; and WHEREAS, the City provides Special Vending Districts where this type of vending is allowed and will continue to do so; and WHEREAS, it is the goal of the City to not have its public rights -of -way be turned into a place where traffic stalls, not have brick and mortar business lose money due to the cheaper price point of selling as a stationary vendor, not have to contribute more and more of its finite resources to cleaning up the sanitation mess left behind and to restore the character of its local neighborhoods; and WHEREAS, this amendment will bring a greater uniformity, calmness and enjoyable experience to the use of the City's public rights -of -way for both residents, brick and mortar businesses and visitors and is in the best interests of our community as a whole; City of Miami File ID: 13784 (Revision:) Printed On: 6/30/2025 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 and incorporated as if fully set forth in this Section. Section 2. Chapter 39, Article II of the City Code is amended in the follow particulars:1 "CHAPTER 39 PEDDLERS AND ITINERANT VENDORS ARTILCE II SIDEWALK AND STREET VENDORS Sec. 39-26. - Definitions. For the purposes of this article: 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. Department of health is defined as the Dade County department of public health. DDA is defined as being the Downtown Development Authority of the City of Miami. Director is defined as the director of the department of resilience and public works. Downtown Miami special vending district is defined as all public rights -of -way within that area generally commensurate with the boundaries of the Miami Downtown Development Authority, but more specifically described as that area bounded on the east by Biscayne Bay, except between Northeast 17th Street and Northeast 24th Street; on the north by the commercial corridors along Biscayne Boulevard from Northeast 17th Street to Northeast 24th Street; on the west by the Florida East Coast Railway from Northwest 17th Street, Northwest Fifth Street, then west along Northwest Fifth Street to Northwest Third Avenue to West Flagler Street, then west along Flagler Street to the Miami River, then east to the Metrorail guideway; and on the south by Southeast 15th Road; but shall exclude the area comprising the Miami Arena Special Vending District. Said district shall be subdivided into three areas for purposes 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: 13784 (Revision:) Printed On: 6/30/2025 of awarding franchises and setting franchise fees: area A, which shall consist of Flagler Street between Biscayne Bay and the Miami River; area B, which shall consist of Northeast/Northwest First Street and Southeast/Southwest 1st Street between Biscayne Bay and the Miami River; and area C, which shall include those areas north and south of areas B as follows: the northern segment of area C shall consist of that area bounded on the south by Northeast/Northwest Second Street, on the North by Northeast/Northwest 24th Street, on the west by the Miami River and on the east by Biscayne Bay, but shall not include the area comprising the Miami Arena Special Vending District; the southern segment of area C shall consist of that area bounded on the North by Southeast/Southwest Second Street, on the east by Biscayne Bay, on the west by the Miami River and Southwest Third Street, and on the south by Southeast/Southwest 15th Road. Executive director is defined as the executive director of the Downtown Development Authority of the City of Miami. Extended sidewalk is defined as sidewalk either at an intersection or midblock which has been approximately doubled in width to occupy a former parking lane. Food is defined as solid food and beverages allowed to be sold in accordance with this article. Franchise is defined as the exclusive right to vend in a special vending district pursuant to the provisions of sections 39-33, 39-34, and 39-37.1. Franchise document or franchise permit is defined as a document provided by the executive director or director to evidence the right granted pursuant to sections 39-33, 39-34, and 39- 37.1 to exclusively vend in a specified vending zone. Franchise period is defined as the time, which shall be one year, (except for the inaugural franchise period for the Biscayne Boulevard special vending district, which shall be until September 30, 2001), a vendor may be granted the franchise for a specific vending zone. Licensee is defined as any person or business entity which has been issued or controls one or more licenses to conduct vending activity in the city. 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. 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. City of Miami File ID: 13784 (Revision:) Printed On: 6/30/2025 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 vending zone is defined as the ground level public right-of-way sidewalk area under a restaurant arcade, and shall include any widened area of such sidewalk which may extend beyond and parallel to the street side of such restaurant arcade. Right-of-way is defined as land dedicated, deeded, used or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain designated individuals of governing bodies. Special Vending Districts are designated pursuant to the provisions of Section 39-33 and 39- 35. Stand is defined as any table, showcase, bench, rack, pushcart, or any other wheeled vehicle or device which may be moved without the assistance of a motor and which is not required to be licensed and registered by the department of highway safety and motor vehicles, used for displaying, storing, or transporting of articles offered for sale by a vendor. Stationary Vending is defined as any Vending from a fixed location using a Stand. Street as used herein includes any primary accessway such as a street, road, lane, highway, avenue, boulevard, parkway, circle, court, terrace, place, or cul-de-sac, and also includes all of the land lying between the right-of-way lines as delineated on a plat showing such streets, whether improved or unimproved. Vending is defined as the act of selling, offering for sale, transferring, or offering to transfer food, merchandise or services to another for pecuniary gain in a Special Vending District or Vending district. Vending year is defined as the one-year calendar period from October 1 to September 30. Vending zone is defined as a rectangular area within a restricted vending district where vending is permitted pursuant to this article; said vending zone to be delineated by markings on the sidewalk delineating a rectangle within the limits of which a vending pushcart may be placed. Vendor is defined as any person engaged in the selling, or offering for sale, of food, beverages, services, or merchandise on the public streets, or sidewalks from a stand or motor vehicle or from his/her person. City of Miami File ID: 13784 (Revision:) Printed On: 6/30/2025 Vendor location is defined as a sidewalk area, within a vending zone, which has been selected and identified by the resilience and public works department as the specific vendor site(s) at which all vending in that zone shall occur. Wholesale peddler is defined as any person who sells or offers for sale any goods, wares, or merchandise to any person engaged in the business of selling at retail in the city, or to any person for the purpose of resale within the city, or to any drugstore, soda fountain, restaurant, cafeteria, hotel, club or tearoom within the city, from a wagon, truck, auto, pushcart or by any other means, operating in or upon the streets of the city in other than a licensed place of business. Such term shall not apply to a wholesale automobile accessories dealer. Written matter is defined as newspapers, periodicals, books, pamphlets or other similar written matter. Sec. 39-30. - Applications. The BTR required by section 39-28 shall be issued in accordance with chapter 31, of the City Code. The initial application for a vendor's BTR shall include, in addition to the information required in section 31-35: (1) Name, home and business address of the applicant and the name and address of the owner, if other than the applicant, of the vending business, stand, or motor vehicle to be used in the operation of the vending business. (2) A description of the type of food, service, or merchandise to be sold. (3) A description and photograph of any stand or motor vehicle to be used in the operation of the business, including the license and registration number of any motor vehicle used in the operation of the business. Photograph shall be of standard motor vehicle in operational mode. (4) Three two-inch by two-inch prints of a full -face photograph, taken not more than 30 days prior to the date of the application, of any person who will sell, or offer for sale, any food, service, or merchandise on any street or sidewalk within the city. (5) A certificate of inspection, as required by section 39-42. Oj No BTR is allowed for Stationary Vending in the in the public right-of-way except for applicants who will be operating in a defined Special Vending District. City of Miami File ID: 13784 (Revision:) Printed On: 6/30/2025 Sec. 39-32. - Vending prohibited in certain locations. Vending, but not peddling, is prohibited in the following locations: (1) Within special vending districts except within designated vending zones of said areas. (2) From a public parking lot, metered or unmetered parking space, on -street parking space, or loading zone. (3) Within 500 feet of any property used for school purposes (preschool, elementary, secondary) on all school days between the hours of 7:00 a.m. and 4:30 p.m. [2] (4) On any combination sidewalk and curb width less than six feet in width. (5) Within five feet of the entranceway to any building. (6) Within 100 feet of any driveway entrance to a police or fire station, or within 20 feet of any other driveway. (7) Within 20 feet of any bus stop zone. (8) Within five feet of the pedestrian crosswalk at any intersection, or designated pedestrian crossing point. (9) Within ten feet of any handicapped parking space, or access ramp. (10) Within 20 feet of a sidewalk cafe permitted pursuant to chapter 54 of the City Code. (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. (14) Stationary Vending is prohibited on any public right-of-way other than those located and licensed in a defined Special Vending District, as allowed. Sec. 39-38. - Prohibited conduct. No vendor shall: (1) Leave any stand or motor vehicle unattended. City of Miami File ID: 13784 (Revision:) Printed On: 6/30/2025 (2) Store, park, or leave any stand overnight on any street or sidewalk, or park any motor vehicle other than in a lawful parking space, in conformance with city and state parking regulations. (3) Sell food for immediate consumption unless he/she has available for public use his/her own litter receptacle, which is available for his/her patrons' use. (4) Allow or keep any animals in motor vehicles or stands. (5) Leave any location or vending zone without first picking up, removing, and disposing of all trash and refuse remaining within a 15-foot radius. Each vendor shall be responsible for maintaining a 15-foot radius trash and refuse clear area around himself/herself. Said area shall overlap other vendor cleanup areas and no vendor shall leave a location, or vending zone, without cleaning up as required. (6) Allow any items relating to the operating of the vending business to be placed anywhere other than in, on, or under the stand or motor vehicle. (7) Set up, maintain, or permit the use of any table, crate, carton, rack, or any other device to increase the selling or displaying capacity of his/her stand, or motor vehicle, where such items have not been described in his/her application. (8) Solicit or conduct business with persons in motor vehicles located on traffic lanes of public streets and highways. (9) Sell anything other than that for which he/she is licensed to vend. (10) Use any noise -making device after 9:00 p.m., except during special events, and at no time shall such a vendor use his/her traffic warning device on any vehicle, except to give necessary signals while in traffic. It shall be unlawful for any vendor to use any noise -making device that either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others within the city. Any vendor who violates this section shall upon written notice from the city manager or his/her authorized representative remove said noise -making device from the vehicle or reduce the volume of such noise -making device so that the same shall not be in violation of this section. Failure to comply with such notice shall subject such a vendor to the penalties as set forth in section 39-50. (11) Allow the stand or any other item relating to the operation of the vending business to lean against or hang from any building or other structure lawfully placed on public property. (12) Allow any animals to remain within 25 feet of a stand for a period longer than necessary to complete a sale to the person having possession, or control of said animals. (13) No vendor vending from a motor vehicle shall: a. Conduct his/her business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant, or create or become a public nuisance, increase traffic congestion or City of Miami File ID: 13784 (Revision:) Printed On: 6/30/2025 delay, or constitute a hazard to traffic, life or property, or an obstruction to adequate access to fire, police or sanitation vehicles. b. Stop, stand, or park his/her motor vehicle upon any street, or permit it to remain there except on the roadway at the curb for the purposes of vending therefrom or in instances where there is no curb, off the roadway. In either instance, sales shall be to occupants of abutting property only. c. Stop, stand, or park his/her motor vehicle upon any street for the purpose of selling, or sell on any street under any circumstances during the hours when parking, stopping or standing has been prohibited by signs or curb markings or is prohibited by statute or ordinance. d. Remain in any one place for a period longer than necessary to make a sale after having been approached or stopped for that purpose. e. Stop, stand, or park his/her motor vehicle within 20 feet of any intersection, except that vehicles vending products likely to attract children as customers shall park curbside when stopping to make a sale, as close as possible to a pedestrian crosswalk without entering the intersection or otherwise interfering with the flow of traffic. f. Vend within a restricted or special vending district. g. Vend anywhere prohibited by section 39-342(2) through (g9) or engage in right-of-way Stationary Vending anywhere in the City other than a Special Vending District under the applicable Special Vending District requirements. Sec. 39-46. - Denial, suspension, revocation. Any license or permit may be denied, suspended or revoked in accordance with the procedures contained in chapter 31 for any of the causes set forth in said chapter 31 in addition to the following causes: (1) Fraud or misrepresentation contained in the application for the BTR or permit. (2) Fraud or misrepresentation made in the course of carrying on the business of vending. (3) Carrying or possessing dangerous weapon. (4) Conduct of the BTR holder permitted business in such manner as to create a public nuisance, or constitute a danger to the public health, safety, welfare or morals. (5) Conduct which is contrary to the provisions of this article. City of Miami File ID: 13784 (Revision:) Printed On: 6/30/2025 (6) Right-of-way Stationary Vending in an area other than a defined Special Vending District, as allowed. Continued operation following denial, suspension or revocation shall not be allowed. Sec. 39-52. - Enforcement of article. It shall be the duty of the members of the police department, BTR inspectors, and code inspectors of the city, to enforce the terms and conditions of this article, and if any person is found violating the provisions of this article to arrest such person and hold such violator for proper legal action in the county court or cite such person for appearance before, and action by, the city's code enforcement board. All issued BTRs being misused for Stationary Vending in the right-of-way prior to the adoption of Ordinance are revoked unless issued for an area located in a defined Special Vending District in compliance with the applicable requirements of the defined Special Vending District. This does not include BTRs issued to Peddlers. *„ 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 after final reading and adoption thereof2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 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: 13784 (Revision:) Printed On: 6/30/2025