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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE ,eeuP noise File ID: #6919 Resolution Sponsored bv: Commissioner Keon Hardemon A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE NOISE PROHIBITIONS FOR NEW YEAR'S DAY 2020 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 EXTENDING THE HOURS OF ALCOHOL SALES TO 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 FOR NEW YEAR'S DAY 2020 RELATED EVENTS ("EVENTS") OCCURRING FROM DECEMBER 31, 2019 THROUGH JANUARY 1, 2020; FURTHER WAIVING THE NOISE PROHIBITIONS FOR EVENTS PURSUANT TO SECTIONS 36-4(A) AND (B) OF THE CITY CODE AND EXTENDING THE HOURS OF ALCOHOL SALES TO 7:00 A.M. PURSUANT TO SECTION 4-3(B) OF THE CITY CODE FOR THE PROPERTY AT 55 NORTHEAST 24TH STREET, MIAMI, FLORIDA ("PROPERTY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, RELATED TO EVENTS OCCURRING AT THE PROPERTY. City of Miami City Hall Legislation 3500 Pan American Drive g Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-19-0519 File Number: 6919 Final Action Date:12/12/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE NOISE PROHIBITIONS FOR NEW YEAR'S DAY 2020 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 EXTENDING THE HOURS OF ALCOHOL SALES TO 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 FOR NEW YEAR'S DAY 2020 RELATED EVENTS ("EVENTS") OCCURRING FROM DECEMBER 31, 2019 THROUGH JANUARY 1, 2020; FURTHER WAIVING THE NOISE PROHIBITIONS FOR EVENTS PURSUANT TO SECTIONS 36-4(A) AND (B) OF THE CITY CODE AND EXTENDING THE HOURS OF ALCOHOL SALES TO 7:00 A.M. PURSUANT TO SECTION 4-3(B) OF THE CITY CODE FOR THE PROPERTY AT 55 NORTHEAST 24TH STREET, MIAMI, FLORIDA ("PROPERTY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, RELATED TO EVENTS OCCURRING AT THE PROPERTY. 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 or structure or vehicles 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, New Year's Day is widely celebrated throughout the United States and the City of Miami ("City") and is hereby determined to be a special occasion; and WHEREAS, the Wynwood area will host several events from December 31, 2019 through January 1, 2020 ("Events"); 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 celebrate the New Year which benefit businesses and residents of the City; 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 31, 2019 through January 1, 2020. Section 3. Excessively loud noise shall not be plainly audible from a distance not to exceed three -hundred fifty (350) feet from the boundaries of the BID. Section 4. Alcohol sales are extended until 5:00 A.M. pursuant to Section 4-3(b) of the City Code for the BID for the Events to be held from December 31, 2019 through January 1, 2020. Section 5. Alcohol sales are extended until 7:00 A.M. pursuant to Section 4-3(b) of the City Code for the Events to be held from December 31, 2019 through January 1, 2020 at 55 Northeast 24th Street, Miami, Florida. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i . nd' ez, City Attor t ey 12/3/2019 ' 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.