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Home My WebLink AboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #1812 Ordinance Second Reading Sponsored by: Frank Carollo, Commissioner, Tomas Regalado AN ORDINANCE OF THE MIAMI CITY COMMISSION DESIGNATING A PORTION OF THE CITY OF MIAMI ("CITY') AS A "CLEAN ZONE" WHICH WILL PROVIDE FOR THE SAFE AND ORDERLY USE OF CITY STREETS AND SIDEWALKS BY SIDEWALK VENDORS, PEDDLERS, STREET TICKET SELLERS, AND PEDESTRIANS DURING THE 2017 MAJOR LEAGUE BASEBALL ALL-STAR GAME IN THE CLEAN ZONES; ESTABLISHING TERMS AND CONDITIONS FOR THE 2017 MAJOR LEAGUE BASEBALL ALL-STAR VENDOR PROGRAM IN ORDER TO REGULATE COMMERCIAL ACTIVITIES DURING THE 2017 MAJOR LEAGUE BASEBALL ALL-STAR GAME IN THE CLEAN ZONES BEGINNING AT 12:01 A.M. ON WEDNESDAY, JULY 5, 2017 AND ENDING AT 11:59 P.M. ON WEDNESDAY, JULY 12,2017; FURTHER PROHIBITING THE SALE, OFFER FOR SALE, OR DISTRIBUTION OF COUNTERFEIT GOODS, WARES, AND MERCHANDISE OF MAJOR LEAGUE BASEBALL MERCHANDISE IN THE CLEAN ZONES BEGINNING AT 12:01 A.M. ON WEDNESDAY, JULY 5, 2017 AND ENDING AT 11:59 P.M. ON WEDNESDAY, JULY 12,2017; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami File ID: 1812 (Revision: A) Printed On: 7/13/2018 GS.,Y OFA i" City of Miami +' nein uare� # Legislation Ordinance Enactment Number: 13668 File Number: 1812 Final Action Date: 3/9/2017 AN ORDINANCE OF THE MIAMI CITY COMMISSION DESIGNATING A PORTION OF THE CITY OF MIAMI ("CITY") AS A "CLEAN ZONE" WHICH WILL PROVIDE FOR THE SAFE AND ORDERLY USE OF CITY STREETS AND SIDEWALKS BY SIDEWALK VENDORS, PEDDLERS, STREET TICKET SELLERS, AND PEDESTRIANS DURING THE 2017 MAJOR LEAGUE BASEBALL ALL-STAR GAME IN THE CLEAN ZONES; ESTABLISHING TERMS AND CONDITIONS FOR THE 2017 MAJOR LEAGUE BASEBALL ALL-STAR VENDOR PROGRAM IN ORDER TO REGULATE COMMERCIAL ACTIVITIES DURING THE 2017 MAJOR LEAGUE BASEBALL ALL- STAR GAME IN THE CLEAN ZONES BEGINNING AT 12:01 A.M. ON WEDNESDAY, JULY 5, 2017 AND ENDING AT 11:59 P.M. ON WEDNESDAY, JULY 12, 2017; FURTHER PROHIBITING THE SALE, OFFER FOR SALE, OR DISTRIBUTION OF COUNTERFEIT GOODS, WARES, AND MERCHANDISE OF MAJOR LEAGUE BASEBALL MERCHANDISE IN THE CLEAN ZONES BEGINNING AT 12:01 A.M. ON WEDNESDAY, JULY 5, 2017 AND ENDING AT 11:59 P.M. ON WEDNESDAY, JULY 12, 2017; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City of Miami ("City") will host the 2017 Major League Baseball All-Star Game scheduled for Tuesday, July 11, 2017 and related events, games, and exhibitions beginning Wednesday, July 5, 2017 and ending Wednesday, July 12, 2017; and WHEREAS, these events will attract many visitors and have a positive economic impact on the City as well as encourage other events to come to the City; and WHEREAS, during All-Star Week events, the anticipated number of people in the area surrounding Marlins Park and Downtown Miami will exceed the normal number of people who attend events at Marlins Park; and WHEREAS, the sale or distribution of merchandise, goods, or wares will exacerbate the congestion in the public Right -of -Way and potentially lead to public safety hazards; and WHEREAS, it is in the best interest of the City, its residents and visitors to regulate the areas which will be the focus of these activities to preserve the public health, safety and welfare of all residents, visitors and participants; and WHEREAS, the City Commission ("Commission") desires to establish the terms and conditions for the 2017 Major League Baseball All-Star Vendor Program for the safe and orderly use of City streets and sidewalk vendors, peddlers, and street ticket sellers in the Clean Zones to ensure the safety of the City's residents and visitors consistent with the City's Ordinances; and WHEREAS, it is the Commission's desire to enforce the provisions of this Ordinance within the boundaries of the Clean Zones for a limited period commencing at 12:01 a.m. on Wednesday, July 5, 2017 and ending at 11:59 p.m. on Wednesday, July 12, 2017; and City of Miami File ID: 1812 (Revision: A) Printed On: 7/13/2018 WHEREAS, the 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 Major League Baseball within the Clean Zones beginning at 12:01 a.m. on Wednesday, July 5, 2017 and ending at 11:59 p.m. on Wednesday, July 12, 2017; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager or designee will establish terms and conditions for the 2017 Major League Baseball All-Star Vendor Program within the Clean Zones, as defined in Section 3 herein, which will provide for the safe and orderly use of the City's streets and sidewalks by sidewalk vendors in the Clean Zones beginning at 12:01 a.m. on Wednesday, July 5, 2017 and ending at 11:59 p.m. on Wednesday, July 12, 2017. Section 2. The City Manager is authorized to take such actions as are in his opinion necessary and proper to implement the 2017 Major League Baseball All-Star Vendor Program within the Clean Zones, as defined in Section 4 herein, notwithstanding the provisions of the Code of the City of Miami, as amended ("City Code"), which would potentially prohibit the implementation of the 2017 Major League Baseball All-Star Vendor Program. Section 3. For purposes of this Ordinance, the portion of the City within the boundaries is hereby designated as the "Clean Zones." Section 4. The geographical boundaries of the Clean Zones shall consist of the area described and bounded as follows: The streets and Rights -of -Way between Northwest 12th Avenue serving as the east border and Northwest 17th Avenue serving as the west border; and Northwest 2nd Street serving as the south border and Northwest 7th Street, Miami, Florida serving as the north border of Clean Zone 1. A map showing the geographical boundaries of the Clean Zone is attached and incorporated as Exhibit 1. The streets and Rights -of -Way between Biscayne Bay serving as the east border and Northeast 2nd Avenue serving as the west border; and Biscayne Bay Way and Miami Riverwalk serving as the south border and the MacArthur Causeway serving as the north border of Clean Zone 2. A map showing the geographical boundaries of the Clean Zone is attached and incorporated as Exhibit 1. Section 5. The Clean Zones shall encompass all properties within the boundaries described in Section 4 including the entire Rights -of -Way of the described boundaries and the properties abutting both zones. Section 6. Notwithstanding the provisions of Chapter 39 of the City Code, entitled "Peddlers and Itinerant Vendors", and subject to Section 1 herein, the sale of goods, wares, and merchandise by peddlers and itinerant vendors is prohibited in the Clean Zones beginning at 12:01 a.m. on Wednesday, July 5, 2017 and ending at 11:59 p.m. on Wednesday, July 12, 2017. 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, entitled "Sidewalk and Street Vendors", and subject to Section 1 herein, the (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 City of Miami File ID: 1812 (Revision: A) Printed On: 7/13/2018 displays pursuant to Section 54 of the City Code are hereby prohibited in the Clean Zones, beginning at 12:01 a.m. on Wednesday, July 5, 2017 and ending at 11:59 p.m. on Wednesday, July 12, 2017. Nothing in this Section shall prohibit the sale of food or beverages in accordance with Chapter 39 of the City Code. Section 8. In order to ensure the health and safety of the high number of attendees, the distribution of any type of commercial materials, including but not limited to, handbills, circulars, cards, posters, brochures or booklets, free products (otherwise referred to as samplings), services, pamphlets, flyers or coupons and other commercial promotional giveaways are prohibited on a public street, sidewalk, or public Right -of -Way in the Clean Zones, unless sanctioned and authorized by the City and Major League Baseball, beginning at 12:01 a.m. on Wednesday, July 5, 2017 and ending at 11:59 p.m. on Wednesday, July 12, 2017. Section 9. 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 a commercial nature and viewable from public property shall be prohibited in the Clean Zones, unless sanctioned or authorized by the City and by Major League Baseball, beginning at 12:01 a.m. on Wednesday, July 5, 2017 and ending at 11:59 p.m. on Wednesday, July 12, 2017. Section 10. Off-site and mobile advertising, including but not limited to, signs on or attached to a vehicle, portable device or person, on a public street, sidewalk, public Right -of - Way, or any other City -owned property within the Clean Zones shall be prohibited, except for promotional displays sanctioned or authorized by the City and by Major League Baseball, including but not limited to, those placed on existing public utility poles, beginning at 12:01 a.m. on Wednesday, July 5, 2017 and ending at 11:59 p.m. on Wednesday, July 12, 2017. Section 11. 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 Zones, unless sanctioned and authorized by the City and Major League Baseball, beginning at 12:01 a.m. on Wednesday, July 5, 2017 and ending at 11:59 p.m. on Wednesday, July 12, 2017. Section 12. All permits relative to the sale of merchandise and/or the transaction of business shall be suspended on the public streets, sidewalks or 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 or beverages in the Clean Zones. Permittees for food or beverage shall adhere to all requirements of approved permits and licenses and be advised that all sub -leasing will be strictly prohibited. Section 13. The hosting of any temporary public hospitality event shall be prohibited within the Clean Zones, unless sanctioned and authorized by the City and Major League Baseball, beginning at 12:01 a.m. on Wednesday, July 5, 2017 and ending at 11:59 p.m. on Wednesday, July 12, 2017. Section 14. 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 in the Clean Zones, including but not limited to Major League Baseball merchandise, 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. City of Miami File ID: 1812 (Revision: A) Printed On: 7/13/2018 Section 15. It shall be unlawful for any person or entity to engage in any unauthorized peddling within the Clean Zones. Unauthorized peddling shall mean the sale, offer for sale or other distribution of Major League Baseball merchandise by persons or entities not affiliated with Major League Baseball or the baseball clubs playing at the event. Section 16. Notwithstanding the provisions of Chapter 39 of the City Code, entitled "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 Zones a ticket for admission to any All-Star Week event beginning at 12:01 a.m. on Wednesday, July 5, 2017 and ending at 11:59 p.m. on Wednesday, July 12, 2017. Section 17. The penalty for each violation of this Ordinance shall be punishable pursuant to Chapter 2 of the City Code and/or Chapter 162 of the Florida Statutes. Section 18. 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 19. This Ordinance shall become effective immediately upon adoption and signature by the Mayor.' APPROVED AS TO FORM AND CORRECTNESS 1 1 i r4iindez, City Attor ey 211 312 0 1 7 Uria ndez, City Attor ey 2/28/2017 ' 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: 1812 (Revision: A) Printed On: 711312018