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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #18272 Ordinance Sponsored by: Francis Suarez, Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), TEMPORARILY DESIGNATING A PORTION OF THE CITY OF MIAMI ("CITY") AS A "CLEAN ZONE," WHICH WILL PROVIDE FOR THE SAFE AND ORDERLY USE OF CITY VENUES, STREETS, AND SIDEWALKS BY VENDORS, PEDDLERS, STREET TICKET SELLERS, AND PEDESTRIANS DURING THE 2026 FEDERATION INTERNATIONALE DE FOOTBALL ASSOCIATION ("FIFA") WORLD CUP AND FIFA WORLD CUP RELATED EVENTS ESTABLISHED BETWEEN THE CITY AND THE FIFA WORLD CUP 2026 MIAMI HOST COMMITTEE ("ACTIVITIES") IN THE CLEAN ZONE; ESTABLISHING TERMS AND CONDITIONS FOR THE ACTIVITIES IN ORDER TO REGULATE COMMERCIAL ACTIVITIES DURING THE 2026 FIFA WORLD CUP AND RELATED EVENTS IN THE CLEAN ZONE BEGINNING AT 12:01 A.M. ON MONDAY, JUNE 8, 2026, AND ENDING AT 11:59 P.M. ON MONDAY, JULY 20, 2026; AND FURTHER PROHIBITING THE SALE, OFFER FOR SALE, OR DISTRIBUTION OF COUNTERFEIT GOODS, TICKETS, WARES, AND MERCHANDISE OF FIFA OR THE FIFA WORLD CUP 2026 MIAMI HOST COMMITTEE. City of Miami File ID: 18272 (Revision:) Printed On: 12/26/2025 City of Miami Legislation Ordinance Enactment Number: 14412 File Number: 18272 Final Action Date: 11/20/2025 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), TEMPORARILY DESIGNATING A PORTION OF THE CITY OF MIAMI ("CITY") AS A "CLEAN ZONE," WHICH WILL PROVIDE FOR THE SAFE AND ORDERLY USE OF CITY VENUES, STREETS, AND SIDEWALKS BY VENDORS, PEDDLERS, STREET TICKET SELLERS, AND PEDESTRIANS DURING THE 2026 FEDERATION INTERNATIONALE DE FOOTBALL ASSOCIATION ("FIFA") WORLD CUP AND FIFA WORLD CUP RELATED EVENTS ESTABLISHED BETWEEN THE CITY AND THE FIFA WORLD CUP 2026 MIAMI HOST COMMITTEE ("ACTIVITIES") IN THE CLEAN ZONE; ESTABLISHING TERMS AND CONDITIONS FOR THE ACTIVITIES IN ORDER TO REGULATE COMMERCIAL ACTIVITIES DURING THE 2026 FIFA WORLD CUP AND RELATED EVENTS IN THE CLEAN ZONE BEGINNING AT 12:01 A.M. ON MONDAY, JUNE 8, 2026, AND ENDING AT 11:59 P.M. ON MONDAY, JULY 20, 2026; AND FURTHER PROHIBITING THE SALE, OFFER FOR SALE, OR DISTRIBUTION OF COUNTERFEIT GOODS, TICKETS, WARES, AND MERCHANDISE OF FIFA OR THE FIFA WORLD CUP 2026 MIAMI HOST COMMITTEE. WHEREAS, Miami -Dade County will host the 2026 FIFA World Cup from Monday, June 15, 2026 to Sunday, July 19, 2026; and WHEREAS, related events and exhibitions hosted by FIFA and the FIFA World Cup 2026 Miami Host Committee ("Host Committee") are scheduled to begin on Thursday, June 11, 2026 and end on Sunday, July 19, 2026 ("Events"); and WHEREAS, the 2026 FIFA World Cup games and related activities will attract many visitors to the City of Miami ("City") and expose the City to television viewers internationally; and WHEREAS, 2026 FIFA World Cup will have a positive economic impact on the City and encourage other events to come to the City; and WHEREAS, during Events, the anticipated number of people in the Downtown Miami area will drastically exceed the typical number of people who attend similar events and visit the Downtown Miami area; and WHEREAS, the advertising, sale, distribution, or peddling of merchandise, goods, or wares in public rights -of -way will exacerbate the congestion in the public rights -of -way and potentially lead to public safety hazards; and WHEREAS, it is in the best interest of the City and its residents to regulate the area which will be the focus of the Events to preserve the public health, safety, and welfare of all residents, visitors, and participants; and WHEREAS, it is the desire of the Miami City Commission to establish the terms and conditions for the safe and orderly use of City streets and sidewalk vendors, peddlers, and street ticket sellers in the Clean Zone to ensure the safety of the City's residents and in City of Miami File ID: 18272 (Revision:) Printed On: 12/26/2025 compliance with the Code of the City of Miami Florida, as amended ("City Code"), as well as all other applicable laws and regulations; and WHEREAS, the City Commission desires to enforce the provisions of this Ordinance within the boundaries of the Clean Zone for a limited period of time commencing at 12:01 a.m. on Monday June 8, 2026, and ending at 11:59 p.m. on Monday, July 20, 2026 (" Event Period"); and WHEREAS, the City Commission desires to establish regulations prohibiting the sale, offer for sale, or distribution of counterfeit, infringing, or otherwise illegal merchandise bearing the trademarks, service marks, copyright, rights, or other intellectual property rights of FIFA or the Host Committee; 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. The City Commission hereby establishes the terms and conditions within the Clean Zone, as defined in Section 4 herein, which will provide for the safe and orderly use of City streets and sidewalks by sidewalk vendors in the Clean Zone during the Event Period. Section 3. The City Manager, or his/her designee, is authorized' to take any and all actions necessary and proper to implement and enforce regulations during the Event Period within the boundaries of the Clean Zone as defined in Section 5 herein, notwithstanding the provisions of the City Code which would potentially prohibit the implementation. Section 4. A portion of the City will serve as the focal point of Activities during the Event Period within the geographical boundaries of the area referred to as the Clean Zone which are depicted in Exhibit "A", attached, incorporated, and described and bounded as follows: Bounded by Northeast 14th Street and north along the east side of Herald Plaza to Northeast 15th Street and east along 15th street on the North to the eastern boundary, Miami River on the South, Southwest/ Northwest 4th Avenue on the West, and five hundred (500) feet east of land into Biscayne Bay on the East. Section 5. The Clean Zone shall encompass all property within the boundaries described in Section 4 including the entire rights -of-way of the described boundaries and the properties abutting Northeast 14th Street, Miami River, and Southwest/ Northwest 4th Avenue. Section 6. Notwithstanding the provisions of Chapter 39 of the City Code titled "Peddlers and Itinerant Vendors", the sale of goods, wares, and merchandise by peddlers and itinerant vendors is prohibited in the Clean Zone during the Event Period. Nothing in this Section shall prohibit the sale of food or beverages in accordance with Chapter 39 of the City Code. Section 7. Notwithstanding the provisions of Chapter 39, Article II of the City Code titled "Sidewalk and Street Vendors," (i) the sale of goods, wares, and merchandise by any person who has been issued a permit for sidewalk vending pursuant to Section 39- 28 of the City Code and (ii) the placement of retail sidewalk displays pursuant to Section 54 of the City Code are 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami File ID: 18272 (Revision:) Printed On: 12/26/2025 hereby prohibited in the Clean Zone during the term of the Event Period. Nothing in this Section shall prohibit the sale of food or beverages in accordance with Chapter 39 of the City Code. Section 8. Because of the heavy concentration of pedestrians and to provide for pedestrian health, safety, and general welfare, canvassing (including distribution of flyers and pamphlets) and the distribution of free samples of goods, wares, or merchandise is prohibited in the Clean Zone during the Event Period. Section 9. Because of the heavy concentration of pedestrians and to provide for pedestrian health, safety, and general welfare, the distribution or provision of commercial handbills, circulars, cards, posters, pamphlets, brochures or booklets, free products (including food), samples (including food), services or coupons (otherwise referred to as "sampling"), or other commercial promotional giveaways on a public street, sidewalk, public right-of-way, or any other City -owned property within the Clean Zone, unless sanctioned or authorized by the City, is hereby prohibited in the Clean Zone during the Event Period. Section 10. Inflatables, cold air balloons, banners, pennants, flags, building wraps, A - frame signs, projected image signs, electronic variable message signs, and light emitting diode signs of any kind of commercial nature and viewable from the public right-of-way, unless sanctioned or authorized by the City, are hereby prohibited in the Clean Zone during the Event Period. Notwithstanding the provisions of this Section, all lawfully permitted signage located on private property is exempt from the prohibition contained in this Section and will be allowed to remain. Section 11. Off -site and mobile advertising (including, but not limited to, signs on or attached to a vehicle, water vessel, portable device, or person) on a public street, sidewalk, public right-of-way, or any other City -owned property within the Clean Zone shall be prohibited, except for promotional displays sanctioned or authorized by the City, including, but not limited to, those placed on existing public utility poles during the Event Period. Section 12. The construction, placement, occupation, or use of any temporary structure including, but not limited to, temporary location of tents, canopies and air -supported, air - inflated, and tensioned membranes) shall be prohibited on a public street, sidewalk, public right- of-way, or any other City -owned property within the Clean Zone, unless sanctioned and authorized by the City, during the Event Period. The City Manager or designee is authorized to issue a moratorium in order to accomplish the purpose of this section. Section 13. The issuance of temporary banner permits pursuant to Chapter 62, Article 13, Division 8 of the City Code, as amended, shall be prohibited within the Clean Zone commencing on Monday, June 8, 2026, through the end of the Event Period, except for such requests submitted by the Host Committee and authorized by the City in its sole discretion. Such temporary banner permits requested by the Host Committee and authorized by the City within the Clean Zone pursuant to this Section shall: (i) not be subject to the annual limitation set forth in Section 62-619 of the Code; (ii) not exceed 10,000 square feet in size; (iii) not be subject to the distance limitations in Section 62- 620(a)(3) of the Code; and (iv) exclude temporary banners from the limitations in Section 62-620(a)(5) of the Code allowing for the issuance of Event related temporary banners during the Event Period consistent with the standards in Section 62-606.(7) of the Code. Section 14. All permits relative to the sale of merchandise and/or the transaction of business shall be suspended on the public streets, sidewalks, public rights -of -way, and outside of any enclosed building with the exception of those that are already permitted and licensed for the sale of food and beverages in the Clean Zone. Permittees for food and beverage shall adhere to all requirements of approved permits and licenses and be advised that all subleasing will be strictly prohibited. City of Miami File ID: 18272 (Revision:) Printed On: 12/26/2025 Section 15. The hosting of any temporary public hospitality event shall be prohibited within the Clean Zone during the Event Period except for activities organized by the Host Committee as authorized by the City Manager and/or designee. Section 16. No person or entity shall sell, offer for sale, or distribute merchandise that is counterfeit, infringing, or otherwise illegal, including without limitation, merchandise that bears the trademarks, service marks, copyright, rights, or other intellectual property rights of an individual or entity unless such individuals and entities consented to have their rights included on such merchandise, regardless of whether that person is operating a permitted use, special exception use, or temporary use. The foregoing limitation shall not be deemed to limit the rights of any entity under applicable copyright or trademark laws or any other applicable laws, rules, or regulations. Section 17. It shall be unlawful for any person(s) or entity to engage in any unauthorized peddling within the Clean Zone. Unauthorized peddling shall mean the sale, offer for sale, or other distribution of FIFA, Host Committee, or World Cup merchandise by persons or entities not affiliated with FIFA, the Host Committee or either of the Teams playing at the event during the Event Period. Section 18. Notwithstanding the provisions of Chapter 39 of the City Code titled "Sidewalk and Street Vendors," no person may sell or offer for sale on a public street, sidewalk, public right-of-way, or any other City -owned property within the Clean Zone a ticket for admission to any Events during the Event Period. Section 19. The penalty for each violation of this Ordinance shall be five hundred dollars ($500.00) and/or removal or cessation of the subject activity, as well as such other administrative remedies, fines, penalties, and remedies as may be applicable under the City Code, Florida Statutes, or other applicable laws. Section 20. 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 21. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof and shall sunset, without further action by the City Commission, at 11:59 P.M., July 20, 2026. APPROVED AS TO FORM AND CORRECTNESS: rge . Wyy, ng II[, C ty ttor -y 9/30/2025 City of Miami File ID: 18272 (Revision:) Printed On: 12/26/2025