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HomeMy WebLinkAboutAgenda Item Summary Form* IM1EOAP OAALfA H J F. IP55596 p./;� AGENDA ITEM SUMMARY FORM File ID: #6877 Date: 11/22/2019 Commission Meeting Date: 11/21/2019 Requesting Department: Citv Commission Sponsored By: District Impacted: Type: Resolution Subject: Noise waiver for Wvnwood Business Improvement District Budqet Impact Analvsis Item has NO budget impact Total Fiscal Impact: City Commission Maricarmen Lopez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Legislative Division Valentin J Alvarez Office of the City Attorney Domini J. Gibbs Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez Office of the City Clerk City Clerk's Office Reviewed By Meeting Completed Unsigned by the Mayor Completed Signed and Attested by the City Clerk Completed Legislative Division Review Completed ACA Review Completed Deputy Attorney Review Completed Approved Form and Correctness Completed Rendered Completed 11/21/2019 9:00 AM 12/03/2019 4:39 PM 12/03/2019 6:39 PM 12/05/2019 9:05 AM 12/05/2019 11:22 AM 12/05/2019 1:50 PM 12/05/2019 2:34 PM 12/05/2019 5:33 PM File Number: 6877 City of Miami Legislation Resolution Enactment Number: R-19-0480 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 11/21/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE NOISE PROHIBITIONS FOR MIAMI ART WEEK RELATED EVENTS PURSUANT TO SECTIONS 36-4(A) AND (B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS— GENERALLY; EXEMPTION", AND ALLOWING FOR AN EXTENSION OF ALCOHOL SALES UNTIL 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 WYNWOOD BUSINESS IMPROVEMENT DISTRICT DURING ART BASEL AND MIAMI ART WEEK OCCURRING FROM DECEMBER 4, 2019 THROUGH DECEMBER 8, 2019. WHEREAS, Section 36-4(a) of the Code of the City of Miami, Florida, as amended ("City Code"), prohibits excessive noise or music audible at a distance of one hundred (100) feet from a building, structure, or vehicle from where it is produced; and WHEREAS, Section 36-4(b) of the City Code provides that the City Commission may waive the provisions of Section 36-4(a) for special occasions by Resolution; and WHEREAS, 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 for special occasions by Resolution; and WHEREAS, Art Basel and Miami Art Week ("Events") are premiere art shows known around the world, are held every year in South Florida, and are hereby determined to be special occasions; and WHEREAS, the Events will be held from December 4, 2019 through December 8, 2019; and WHEREAS, the Events will have large gatherings of persons and entertainment will be provided; and WHEREAS, the Events attract people from all over the world to view one -of -a -kind artistic masterpieces and are forums to showcase local talent which benefit the residents of the City of Miami ("City"); and WHEREAS, pursuant to Section 2-33(e) of the City Code, the City Commission unanimously deems this Resolution to be of an emergency nature in order to immediately protect the public health, welfare, and safety of the City's residents; 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 Section 36-4(a) of the City Code is waived pursuant to Section 36-4(b) of the City Code, titled "Operation of radios, phonographs or other sound -making devices; bands, orchestras and musicians—Generally; exemption," for the Events in the Wynwood Business Improvement District ("BID") to be held from December 4, 2019 through December 8, 2019. Section 3. Alcohol sales are extended until 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 Events in the Wynwood BID to be held from December 4, 2019 through December 8, 2019. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: i ria i , ndez, pity Attor t ey 1215/2019 ' 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 City Commission.