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Home My WebLink AboutAgenda Item Cover PageG�TY OFF AGENDA ITEM COVER PAGE File ID: #6257 Ordinance Second Readinq Sponsored bv: Ken Russell, Commissioner AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DESIGNATING A PORTION OF THE CITY OF MIAMI 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 2020 NATIONAL FOOTBALL LEAGUE SUPER BOWL AND MIAMI SUPER BOWL HOST COMMITTEE ACTIVITIES ("ACTIVITIES") IN THE CLEAN ZONE; ESTABLISHING TERMS AND CONDITIONS FOR THE ACTIVITIES IN ORDER TO REGULATE COMMERCIAL ACTIVITIES DURING THE 2020 NATIONAL FOOTBALL LEAGUE SUPER BOWL -RELATED EVENTS IN THE CLEAN ZONE BEGINNING 12:01 A.M. ON SUNDAY, JANUARY 19, 2020 AND ENDING AT 11:59 P.M. ON MONDAY, FEBRUARY 3, 2020; AND FURTHER PROHIBITING THE SALE, OFFER FOR SALE, OR DISTRIBUTION OF COUNTERFEIT GOODS, WARES, AND MERCHANDISE OF THE NATIONAL FOOTBALL LEAGUE OR THE MIAMI SUPER BOWL HOST COMMITTEE. City of Miami File ID: 6257 (Revision:) Printed On: 10/23/2019 GS.,Y OFA +' nein uare� # i" City of Miami Legislation Ordinance Enactment Number: 13865 File Number: 6257 Final Action Date: 10/10/2019 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DESIGNATING A PORTION OF THE CITY OF MIAMI 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 2020 NATIONAL FOOTBALL LEAGUE SUPER BOWL AND MIAMI SUPER BOWL HOST COMMITTEE ACTIVITIES ("ACTIVITIES") IN THE CLEAN ZONE; ESTABLISHING TERMS AND CONDITIONS FOR THE ACTIVITIES IN ORDER TO REGULATE COMMERCIAL ACTIVITIES DURING THE 2020 NATIONAL FOOTBALL LEAGUE SUPER BOWL -RELATED EVENTS IN THE CLEAN ZONE BEGINNING 12:01 A.M. ON SUNDAY, JANUARY 19, 2020 AND ENDING AT 11:59 P.M. ON MONDAY, FEBRUARY 3, 2020; AND FURTHER PROHIBITING THE SALE, OFFER FOR SALE, OR DISTRIBUTION OF COUNTERFEIT GOODS, WARES, AND MERCHANDISE OF THE NATIONAL FOOTBALL LEAGUE OR THE MIAMI SUPER BOWL HOST COMMITTEE. WHEREAS, Miami -Dade County will host the 2020 National Football League Super Bowl ("Super Bowl LIV") on Sunday, February 2, 2020; and WHEREAS, related events and exhibitions hosted by the National Football League ("NFL") and the Miami Super Bowl Host Committee ("Host Committee") are scheduled to begin on Sunday, January 19, 2020 and end on Monday, February 3, 2020 ("Events"); and WHEREAS, Super Bowl LIV will attract many visitors to the City of Miami ("City") and expose the City to television viewers internationally; and WHEREAS, Super Bowl LIV 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 in and visit the Downtown Miami area; and WHEREAS, the 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, the City Commission desires 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 compliance with the Code of the City of Miami File ID: 6257 (Revision:) Printed On: 10/23/2019 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 Sunday, January 19, 2020 and ending at 11:59 p.m. on Monday, February 3, 2020 ("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 the NFL 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 of this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission 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 is authorized' to take such any and all actions necessary and proper to implement the Events 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 of the Events. Section 4. A portion of the City will serve as the focal point of activity during the Event Period, the geographical boundaries of which are depicted in Exhibit "A", attached, incorporated, and described and bounded as follows: Bounded by Northeast 20th Street on the North, Southeast 8th Street/Tamiami Trail on the South, Southwest/Northwest 4th Avenue on the West, and five hundred (500) feet east of land into Biscayne Bay on the East ("Clean Zone"). 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 20th Street, Southeast 8th Street/Tamiami Trail, 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 ' The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami File ID: 6257 (Revision:) Printed On: 10/23/2019 hereby 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 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 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 a 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. Section 13. The issuance of temporary banner permits pursuant to Chapter 62, Article 13, Division 8 of the City Code shall be prohibited within the Clean Zone commencing on January 19, 2020 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(b) of the City 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 City Code; and (iv) exclude temporary banners from the limitations in Section 62-620(a)(5) of the City Code allowing for the issuance of temporary banners during the Event Period consistent with the standards in Section 62- 606.(7) of the City 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 sub -leasing will be strictly prohibited. City of Miami File ID: 6257 (Revision:) Printed On: 10/23/2019 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. 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 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 NFL, Host Committee, or Super Bowl merchandise by persons or entities not affiliated with the NFL 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 removal or cessation of the subject activity, as well as such other fines, penalties, and remedies as may be applicable under the City Code, /or 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.2 APPROVED AS TO FORM AND CORRECTNESS: i ria i "ndez, Cify Attor.iey __) 8/30/2019 i ria i "ndez, Cify Attomey 9/3012019 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the Citv Commission. City of Miami File ID: 6257 (Revision:) Printed On: 10/23/2019