HomeMy WebLinkAbout2006-3528 Ordinance
ORDINANCE NO. 2006-3528
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH AMENDING CHAPTER 142, "LAND
DEVELOPMENT REGULATIONS," OF THE CITY CODE; BY
AMENDING ARTICLE IV, "SUPPLEMENTARY USE
REGULATIONS," SECTION 142-874, "REQUIRED
ENCLOSURES," BY CLARIFYING STORE ENCLOSURES; AND
AMENDING SECTION 142-904," ADDITIONAL MIXED USE
ENTERTAINMENT DISTRICT REGULATIONS," TO ALLOW THE
SALE OF CIGARS AND CIGARETTES BY A VENDOR
LICENSED ON THE PREMISES WITH TRANSACTIONS TO
OCCUR ONLY WITHIN PRIVATE PROPERTY. PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, uses located on a porch, terrace or patio of a building located
in the MXE, Mixed Use Entertainment District are limited to table seating for
eating and drinking establishments, which have their fixtures and cooking
facilities located in the interior of the building, and the sale of flowers when
conducted from a movable stand that is placed inside the building at the close of
business; and
WHEREAS, the restrictions on uses on a porch, terrace or patio of a
building in the MXE, Mixed Use Entertainment District, prevent cigar vendors
from offering their merchandise for sale; and
WHEREAS, cigar vendors have been observed offering their merchandise
for sale on the City's public right-of-way, which may prevent the free flow of
pedestrian traffic; and
WHEREAS, these regulations will accomplish these goals and ensure that
the public health, safety and welfare will be preserved.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. That Section 142-874, "Required enclosures," is hereby amended as
follows:
(a) Store enclosures. In all use districts designated in these land development
regulations, the sale, or exposure for sale or rent, of any personal
property, including merchandise, groceries or perishable foods, such as
vegetables and fruits, is prohibited, unless such sale, or exposure for sale,
is made from a substantially enclosed, permanent building or structure;
provided, however, that nothing herein contained shall be deemed
applicable to roof-top areas not visible from the riaht-of-wav; filling
stations, automobile service stations or repair shops; uses having
revocable permits or beach concessions operated or granted by the city,
newsracks or newspaper stands, or displays at sidewalk cafes as
permitted in subsection 82-384(ff), wherever such uses are otherwise
permissible.
Section 2. That Section 142-904 "Additional Mixed Use Entertainment District
Regulations," is hereby amended as follows:
(a) General provisions. Accessory uses shall comply with the following
mandatory criteria in addition to the regulations contained in sections 142-
901 and 142-902:
1) All structures shall conform to the South Florida Building Code, the
city property maintenance standards and the fire prevention and
safety code.
2) The existing building and the proposed improvements shall be built
in a manner that is substantially consistent with the design
recommendations in neighborhood plans for the area if one exists,
and the Secretary of the Interior Standards for Rehabilitation and
Guidelines for Historic Structures, U.S. Department of the Interior,
(rDvisod 198J), as mav be amended from time to time.
3) The minimum and average floor area requirements for the units as
setforth in article II, division 13 of this chapter shall be met.
4) If the building or plans do not indicate compliance with subsections
(a)(1), (a)(2) and (a)(3) of this section, then accessory uses are not
permitted.
(b) Permitted accessory uses. The following are permitted accessory uses in
the mixed use entertainment district.
1) Permitted accessory uses in hotels.
a. Those accessory uses that are customarily associated with
the operation of a hotel as determined by the planning and
zoning director. The amount of retail space shall not exceed
75 square feet per hotel unit.
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b. Hotels may have offices not associated with the operation of
a hotel. The floor space associated with offices shall not
exceed 35 square feet per hotel unit; medical or dental
related offices are prohibited.
c. Restaurants, outdoor cafes, sidewalk cafes.
d. Solarium, sauna, exercise studio, health club or massage
service which are located in either the subterranean, ground,
mezzanine or roof levels only and are operated by an
individual licensed by the state or other appropriate
agencies.
e. Antiques, bookstore, art/craft galleries, artist studios.
f. Sale of alcoholic beverages as per article V, division 4 of this
chapter.
g. Uses located on the porch, terrace or patio of a building are
limited to table seating for eating and drinking
establishments, which have their fixtures and cooking
facilities located in the interior of the building, and the sale of
flowers when conducted from a movable stand that is placed
inside the building at the close of business.
h. The sale of ciaars and ciaarettes on the porch. terrace or
patio of a buildina. or in permitted sidewalk cafe areas to
seated patrons. bv a vendor licensed on the premises with
the consent of the restaurant and sidewalk cafe licensee. is
permitted provided that such sale or transaction shall on Iv
occur on such premises. and not on other City riahts of way.
Solicitina passersbY and obstructina the riaht of way are
prohibited. Goods and merchandise transported from one
location to another shall be covered and obscured from view.
Vendors shall not use f1ashina liahts. sians. markinas. or
other devices to call attention to themselves or the aoods
and merchandise. and shall not otherwise violate the
provisions of Sec. 74-1 of this Code. The followina civil fines
and penalties shall be imposed for violations of this
subsection:
(1) If the offense is the first offense. $100.00 fine.
(2) If the offense is the second offense within six months
of the first offense. $250.00 fine.
(3) If the offense is the third offense within twelve months
of the first offence. one seven consecutive-dav suspension.
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(4) If the offense is the fourth offense within twelve
months of the first offense, one thirty consecutive-day
suspension.
(5) If the offense is the fifth offense within twelve months
of the first offense, the vendor shall be considered a habitual
offender, and the city manaaer shall issue an administrative
complaint for suspension or revocation of an occupational
license and certificate of use as provided in section 102-383.
For purposes of this section. suspension or revocation of a
license shall apply to all licenses held by a principal or all
individuals with a controllina financial interest in the business
entity. The term "controllina financial interest" shall mean the
ownership, directly or indirectly. of ten percent or more of the
outstandina capital stock in any corporation or a direct or
indirect interest of ten percent or more in a firm.
In the event of a revocation, as a condition of beina
permitted to resume operation under the occupational
license. the city manaaer may impose conditions or
restrictions as deemed appropriate to assure compliance
with all city codes.
A vendor who has been served with a notice of violation
shall be subiect to enforcement provisions as set forth in
Section 30 of the Code. If the special master finds that a
violation has occurred, the applicable penalty set forth above
shall be imposed.
Section 3. Repealer.
All ordinances or parts of ordinances and all section and parts of sections
in conflict herewith be and the same are hereby repealed.
Section 4. Codification.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the
City of Miami Beach as amended; that the sections of this ordinance may be
renumbered or relettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
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Section 5. Severability.
If any section, subsection, clause or provision of this Ordinance is held
invalid, the remainder shall not be affected by such invalidity.
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
~
Date
Section 6. Effective Date.
This Ordinance shall take effect ten days following adoption.
~~
ITYCLERK Robert Parcher
PASSED and ADOPTED this 6th day
First Reading:
Second Reading:
Verified by:
Underscore denotes new language
Strikethrough denotes deleted language
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5
,2006.
MAYOR
COMMISSION ITEM SUMMARY
Condensed Title:
Amendment pertaining to cigar vendors operating from open porches, terraces and patios in the
MXE, Mixed Use Entertainment Districts.
Ke Intended Outcome Su orted:
Increase neighborhood satisfaction
Item Summarv/Recommendation:
The proposed ordinance would permit cigar vendors to sell their merchandise from open porches,
terraces and patios in the MXE districts.
The Administration recommends that the Commission adopt the ordinance as amended at the July
12,2006 City Commission meeting.
Adviso Board Recommendation:
At the June 27, 2006 meeting, the Planning Board recommended that the City Commission approve a
modified version of the ordinance which would permit the transportation of goods and merchandise
from one location to another in covered, obscured containers. The Board approved the motion by a
vote of 4-0 3 members absent.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
aSPI Total
Financial Impact Summary:
The proposed Ordinance is not expected to have any fiscal impact.
Cit Clerk's Office Le islative Trackin
Jorge Gomez or Mercy Lamazares
n-Offs:
partment Dir ctor
Assistant City Manager
City Manager
lD
...
MIAMIBEACH
AGENDA ITEM
DATE
RS'E
9-6 -o~
lD MIAMI BEACH
City of Miami Beachl 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager ~ ~
DATE: September 6, 2006 () U fulcond Readino Public Hearino
SUBJECT: Cigar Vendors in the MXE Districts
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH AMENDING CHAPTER 142, "LAND DEVELOPMENT
REGULATIONS," OF THE CITY CODE; BY AMENDING ARTICLE IV,
"SUPPLEMENTARY USE REGULATIONS," SECTION 142-874, "REQUIRED
ENCLOSURES," BY CLARIFYING STORE ENCLOSURES; AND
AMENDING SECTION 142-904," ADDITIONAL MIXED USE
ENTERTAINMENT DISTRICT REGULATIONS," TO ALLOW THE SALE OF
CIGARS AND CIGARETTES BY A VENDOR LICENSED ON THE PREMISES
WITH TRANSACTIONS TO OCCUR ONLY WITHIN PRIVATE PROPERTY.
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance.
BACKGROUND
At the May 10, 2006 meeting, the City Commission referred to the
Neighborhoods/Community Affairs Committee the request to review and make
recommendations on a proposed amendment to the Land Development Regulations of
the City Code relative to allow cigar vendors on Ocean Drive/Collins Avenue (MXE,
Mixed Use Entertainment District). The Committee recommended that the Commission
refer this ordinance to the Planning Board.
ANALYSIS
Section 142-902, "Additional Mixed Use Entertainment District Regulations," specifies
that uses located on the porch, terrace or patio of a building in the MXE are restricted to
table seating for eating and drinking establishments with cooking facilities within the
interior of the building, and the sale of flowers, which must be on a movable stand and
placed inside the building at closing time. This restriction on open porches, terraces and
patios created certain ambiguity for Code Compliance when cigar and cigarette vendors
used these areas to sell their goods to patrons.
In addition, the cigarette and cigar vendors were oftentimes offering their goods to
patrons on sidewalk cafes, traversing the right-of-way from one location to another. On
busy sidewalks like Ocean Drive, this sometimes caused the obstruction of pedestrian
Commission Memorandum
September 6, 2006
Cigar Vendors
Page 2
traffic, as well as a violation of Section 142-874, which requires the sale of goods from a
substantially enclosed permanent building. At its meeting of June 27, 2006, the
Planning Board recommended a modification to the proposed ordinance that would
permit the transportation of goods and merchandise from one location to another in
covered, obscured containers.
The proposed ordinance proposes to allow the sale of cigars and cigarettes by a vendor
licensed on the premises, provided that such sale or transaction occurs only on private
property and not on the City's right of way and will comply with Sec. 74-1 of this Code.
This section reads as follows:
Section 74-1, "Soliciting business in public from pedestrians."
It shall be unlawful for any person, while upon any public street or
sidewalk or while in any building, doorway, stairway, window or other
opening abutting on or adjacent to such street or sidewalk, to accost or
attempt to accost any pedestrian on such street or sidewalk for the
purpose of soliciting him to purchase any property, real or personal, or to
solicit him to enter any place of business for the purpose of selling to or
inducing or attempting to induce such pedestrian to purchase any
property, real or personal.
The proposed ordinance also will amend Section 142-874, "Required enclosures," by
exempting roof-top areas not visible from the right-of-way from the "substantially
enclosed" provision.
PLANNING BOARD ACTION
At the June 27, 2006 meeting, the Planning Board recommended that the City
Commission adopt a modified ordinance that would permit the transportation of goods
and merchandise from one location to another in covered containers that are obscured
from view.
FISCAL IMPACT
This proposal has no associated negative fiscal impact upon enactment.
CITY COMMISSION ACTION
At the July 12, 2006 meeting, the City Commission approved the proposed ordinance on
first reading, amending a portion of the ordinance allowing the transport of goods and
merchandise from one location to another restricting this action to obscure containers
and prohibiting the use of flashing lights, signs, markings or other devices that would call
attention to the person or the goods and merchandise.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed
ordinance as amended at the July 12, 2006 Commission meeting.
Pursuant to Section 118-164(3) of the City Code, when a request to amend the Land
Development Regulations does not change the actual list of permitted, conditional or
Commission Memorandum
September 6, 2006
Cigar Vendors
Page 3
prohibited uses in a zoning category, the proposed ordinance may be read by title or in
full on at least two separate days and shall, at least ten days prior to adoption, be
noticed once in the newspaper. Immediately following the public hearing at the second
reading, the City Commission may adopt the ordinance by an affirmative vote of five-
sevenths.
JMGITH/JGG/ML
T:\AGENDAI2006\sep0606\Regular\1772 - Cigar Vendors cc memo 9-6-06.doc
C9 MIAMI BEACH CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of
Miami Beach, Florida, In the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami
Beach, Florida, on WednudllY. september 8, 2006, to consider the following:
10:15 a.m.
An Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled "Administration" Amending
Article 3, Entitled "Agencies, Boards, And Commlttees"Amending Division 25, Entitled ''Transportation And
Parking Commlttee"Amending Section 2-190.94, Entitled "Composition", By Reducing The Number Of Voting
Members On The Committee From 19 To 14, And Amending The Composition Of The Committee To Delete
The MembershipsRepresentation From The Following Organizations; Washington Avenue Task Force; South
Pointe Advisory Board To The Miami Beach Redevelopment Agency; Miami Beach Transportation
Management Association; Miami Beach Convention Center And Theater Of The Pertorming Arts (SMG); And
Middle Beach Partnership, Inc., DIB/A 41st Street-Middle Beach Partnership; Further Deleting The Non-
Voting Ex-Officio Member Representations.
Inquiries may be directed to the Parking Department at (305) 673-7275.
10:20 B.m.
An Ordinance Amending Chapter 46 Of The City Of Miami Beach Code By Adding Article 6 Thereof Entitled
"Turtle Nesting Protection Ordinance," Establishing Regulations For Lighting And Other Activities On
Properties Abutting Or Affecting The Beach, Including East OIThe Coastal Construction Control Line, ForThe
Protection Of Sea And Marine Turtles, Endangered Species Nesting On Miami Beach.
Inquiries may be directed to the Public Works Department at (305) 673-7080.
10:25 a.m.
An Ordinance Amending Chapter 2 Of The Miami Beach City Code, Entitled "Administration"By Amending
ArtIcle VI, Entitled "Procurement"By Amending Division 6, Entitled "Living Wage Requirements For City
Service Contracts And City Employees"By Amending ,Section 2-408(B), Entitled "Health Benefits; Eligibility
Period", To Require Covered Employers, Or The City, To Pay A Living Wage Of $9.81 An Hour, Commencing
On The Date Of Hire Of The Covered Employee, Through The Eligibility Period.
Inquiries may be directed to the Procurement Division at (305) 673-7490.
10:40 a.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By
~ Amending Chapter 118, "Administration And Review Procedures", Article II, "Boards", Division 4, "Historic
Preservation Board", Saction 118-106 To Modify The Requirements For Approvals Of Certificates Of
Appropriateness.
Inquiries may be directed to the Planning Department at (30.5) 673-7550.
I 10:50 8.m.
~n Ordinance Amending Chapter 142, "Land Davelopment Regulations," Of The City Code; By Amending
Article IV, "Supplementary Use Regulations,"Sectlon 142-874, "Required Enclosures,~ By Clarifying Store
Enclosures; And Amending Section 142-904,~Additlonal Mixed Use Entertainment District Regulations," To
Allow The Sale Of Cigars And Cigarettes By A Vendor Licensed On The Premises With Transactions To
Occur Only Within Private Property.
Inquiries may be directed to the Planning Department at (305) 673-7550.
2:00 p.m.
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Section 114-1, ~Deflnitions,"
Clarifying The. Meaning Of "Site;"Amending Chapter 142, ''Zoning Districts And Regulations," Article II,
"District Regulations," Division 18, "PS Performance Standard District," Clarifying That Floor Area May Be
Distributed On Block 1 Through Covenants In Lieu Of Unity Of Title.
Inquiries may be directed to the City Attorney's Office at (305) 673-7470.
5:05 p.m.
An Ordinance Amending The l.9.nd Development Regulations Of The Code Of The City Of Miami Beach,
Florida, Chapter 142, "Zoning Districts And Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family
Residential Districts," By Amending Lot Coverage, Structure Size, Building Height And Setback
Requirements For New Single-Family Residential Construction And By Amending The Criteria And
Procedural Thresholds For The Review And Approval Of New Single-Family Residential Construction
Inclusive Of The Creation Of A New Single-Family Residential Review Panel.
Inquiries may be directed to the Planning Department at (305) 673-7550.
INTERESTED PARTIES are invited t) a.ppear at this meeting, or be represented by an agent, or to express
their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive,
1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for publiC
inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor,
City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances
additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to
appeal any decision made by th6 City Commission with respect to any matter considered at its meeting or its
hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent
by the City for the Introduction or admiSSion of otherwise inadmissibie or irrelevant.6vidence, nor does It
authorize challenges or appeals not otherwise allowed by law.
To request this material In accessible format, sign language interpreters, information on access for persons
with disabilities, and/or any accommodatton to review any document or participate in any city-sponsored
proceeding, please contact (305) 604-2489 (voice), (305)673-7218(TTY) five days In advance to in1tlate your
request. TTY users may also call 71 '1 (Florida Relay Service).
Ad #386
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