HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: George K. Wysong, III, City Attorney e-*I 'K. Wyaon-III
DATE: March 10, 2025
RE: Substitution — RE.16 on the March 13, 2025 City Commission Meeting:
Alcohol and Noise Waiver for Various Events in NRD-1
File No. 17299
Item RE.16 on the March 13, 2025 City Commission Meeting Agenda, proposes
to waive noise prohibitions contained in Sections 36-4(a), (b) and (e) and Sections 36-
5(a) and (d), as well as extend Alcohol sales to 5:00 AM for the following special events
on the listed dated:
a. Winter Music Conference from March 27 through March 30, 2025;
b. Formula 1 Grand Prix Events from May 1 through May 4, 2025;
c. Art Basel Events from December 4 through December 7, 2025; and
d. New Years Eve Holiday Events from December 31, 2025, through the morning of
January 1, 2026.
The Resolution is being substituted to clarify that alcohol sales shall be extended
until 5:00 AM and not 4:00 AM.
cc. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
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City of Miami
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17299 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION ISSUING A NOISE
WAIVER PURSUANT TO CHAPTER 36/SECTION 36-4 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED
"NOISE/OPERATION OF RADIOS, PHONOGRAPHS, OR OTHER SOUND
MAKING DEVICES; BANDS, ORCHESTRAS, AND MUSICIANS —
GENERALLY; EXEMPTION" AND CHAPTER 36/SECTION 36-5 OF THE CITY
CODE, TITLED, "SAME — HOURS OF OPERATION OF JUKEBOXES, RADIOS,
ETC.; EXEMPTION FOR EVENTS ON CITY -OWNED PROPERTY;
RELAXATION", AND AN EXTENSION OF ALCOHOL SALES THROUGH 5:00
A.M. PURSUANT TO SECTION 4-3(B) OF THE CITY CODE, TITLED "HOURS
DURING WHICH SALES ALLOWED; PERMITS AND PUBLIC HEARING
REQUIRED," FOR THE NRD-1 LOCATED IN THE WYNWOOD
NEIGHBORHOOD FOR THE FOLLOWING SPECIAL EVENTS: WINTER
MUSIC CONFERENCE FROM MARCH 27 THROUGH MARCH 30, 2025;
FORMULA 1 GRAND PRIX EVENTS FROM MAY 1 THROUGH MAY 4, 2025;
ART BASEL EVENTS FROM DECEMBER 4 THROUGH DECEMBER 7, 2025;
AND NEW YEARS EVE HOLIDAY EVENTS FROM DECEMBER 31, 2025,
THROUGH THE MORNING OF JANUARY 1, 2026.
SPONSOR(S): Commissioner Christine King
WHEREAS, pursuant to Ordinance No. 14330, adopted on November 11, 2024,.,the
Wynwood NRD-1 is currently under a pilot program that created Sections 36-4(e) and 36-5(.d) of
the Code of the City of Miami, Florida, as amended ("City Code"); and
WHEREAS, this pilot program sunsets on November 21, 2025; and
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WHEREAS, upon sunsetting, the Wynwood NRD-1 will be subject to the non -Pilot
Program Sections of both Sections 36-4 and 36-5 of the City Code; and
WHEREAS, Section 36-4(e) of the City Code provides for a pilot program that allows for
decibel reading enforcement along with structured times for noise; and
WHEREAS, Section 36-4(e)(5) of the City Code provides the City Commission with the
authority to declare an exemption to this Section for special occasions on private property; and
WHEREAS, Section 36-5(d) of the City Code provides for adecibel reading enforcement
along with structured times for noise; and
WHEREAS, Section 36-5(d)(4) of the City Code provides the City Commission with the
authority to declare an exemption to this Section for special occasions on private property; and
WHEREAS, Section 36-5(c) of the City Code provides the City Commission with the
authority to declare an exemption to the enforcement of Section 36-5(a); and
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File ID: 17299 Enactment Number:
WHEREAS, Section 36-4(c) of the City Code provides the City Commission with the
authority to declare an exemption to the enforcement of Sections 36-4(a) and (b) of the City
Code; and
WHEREAS, Section 4-1 of the City Code provides that "the City Manager may declare
an exemption from the prohibition of consuming alcoholic beverages as stated herein and
declare the prohibitions inapplicable on special occasions. Such special occasions shall
require a special event permit or temporary use permit, as applicable, with any associated
notice and fees that may be required"; and
WHERAS, Section 4-3(b) of the City Code provides that "the City Commission may
extend the hours of sale for any alcohol service establishment for consumption on or off the
premises on special occasions by resolution"; and
WHEREAS, the Winter Music Conference, Formula 1 race weekend, Art Basel week,
and New Year's Eve bring thousands of visitors to the City of Miami; and
WHEREAS, residents, businesses, and visitors flock to the NRD-1 for events ranging
from art exhibits to day festivals to nighttime entertainment in association with these major area
special events; and
WHEREAS, these special events have a positive impact on our community; and
WHEREAS, the events will occur as follows: Winter Music Conference from March 27
through March 30, 2025; Formula 1 Grand Prix Events from May 1 through May 4, 2025; Art
Basel Events from December 4 through December 7, 2025; and New Years Eve Holiday Events
from December 31, 2025 through the morning of January 1, 2026; and
WHEREAS, there can be no open violations on any property that is being used as part
of this noise and alcohol waiver;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The noise prohibition contained in Sections 36-4(a), (b) and (e). of the :City
Code is waived pursuant to Sections 36-4(c) and (e)(4) of the City Code for the following special
events on the listed dates:
a. Winter Music Conference from March 27 through March 30, 2025;µ:
b. Formula 1 Grand Prix Events from May 1 through May 4, 2025;: -<
c. Art Basel Events from December 4 through December 7, 2025; aid
d. New Years Eve Holiday Events from December 31, 2025, . thro igh the"
morning of January 1, 2026.
Section 3. The noise prohibition contained in Sections 36-5(a) and (d) of the City Code
is waived pursuant to Sections 36-5(c) and (e)(4) of the City Code for the following special
events on the listed dates:
City of Miami Page 2 of 3 File ID: 17299 (Revision:) Printed on: 3/10/2025
File ID: 17299 Enactment Number:
a. Winter Music Conference from March 27 through March 30, 2025;
b. Formula 1 Grand Prix Events from May 1 through May 4, 2025;
c. Art Basel Events from December through December 7, 2025; and
d. New Years Eve Holiday Events from December 31, 2025, through the
morning of January 1, 2026.
Section 4. Alcohol sales are extended until 5:00 A.M. pursuant to Section 4-1 and 4-3(b)
of the City Code for the following special events on the listed dates:
a. Winter Music Conference from March 27 through March 30, 2025;
b. Formula 1 Grand Prix Events from May 1 through May 4, 2025;
c. Art Basel Events from December 4 through December 7, 2025; and
d. New Years Eve Holiday Events from December 31, 2025, through the
morning of January 1, 2026.
Section 5. All other requirements of the City Code, including special event permit
requirements, shall be met before this waiver is valid.
Section 6. No waiver shall apply to private properties with open violations with the City,
whether the case is complied or unpaid.
Section 7. This Resolution shall become effective immediately upon its adoption.
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