005-2009 Response to Inquiry Re: Street Vendors
m MIAMIBEACH
OFFICE OF THE CITY MANAGER
TO: Hon. Victor M. Diaz, Jr.
FROM: Jorge M. Gonzalez, City Manager
DATE: January 27, 2009
SUBJECT: Response to inquiry re: Street Vendors
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CITY CLt~,~'S I`?~~~= Icy.
MEMORANDUM
no.0 5-2009
The following information is provided in response to your memorandum received by the Manager's
office on January 26, 2009, regarding your observations of street vending activity in the area of
Ocean Drive and 9th street, and asking for clarification on the City's enforcement processes.
As you are aware, the City Commission has recently approved an ordinance regulating artist
vending and street performances (Chapter 18, Sections 18-901 -18-912). The ordinance was most
recently amended in November. This ordinance specifically addresses the selling of products
created by artists, and well as street performances, therefore constituting a constitutionally protected
activity. The ordinance requires artist vendors and street performers to secure permits for sale of
their products in certain areas of the city, including Ocean Drive. It also requires all artists vendors in
the city to secure a certification from the Fine Arts Board verifying that they are indeed selling art that
they produce.
In addition to this ordinance, an existing ordinance, Chapter 18, Section 86-143, regulates nonprofit
vendors. These vendors are permitted to sell "message bearing" products. Message-bearing
merchandise, as defined in this ordinance, means a "product bearing amessage thatis inextricably
intertwined with the purpose and activities of a permittee pursuant to this article. All message-
bearing merchandise must constitute or contain a conspicuous political, religious, philosophical or
ideological message having intellectual content that is clearly informative of the purpose of the
permittee's organization and is permanent and readable or recognizable from a reasonable
distance." There are three approved nonprofit vendor locations on Ocean Drive, at 7th 9th and 11th
street, and two additional sites on Lincoln Road. These vendors are selected via a lottery process
every quarter. The location that you indicate in your memo appears to be that of a permitted
nonprofit vendor.
In response to your questions relating to enforcement of the artist vending/street performer and
nonprofit vendor ordinances, please be advised that Code Compliance staff monitors permitted
areas (those regulated by the two ordinances), as well as other areas on a daily basis to ensure
compliance with the respective provisions of the ordinances. In light of concerns regarding utilization
of artist vendor/performer locations, staff maintains a daily (seven days a week) attendance log, that
is updated two times a day. Violators (artist vendors selling without a certificate, artist vendors/street
performers/nonprofit vendors selling in areas not permitted, etc.) receive a violation with an
automatic fine; certain violations carry immediate revocation of certificates/permits. These
fines/penalties were amended in the past year to ensure compliance with the respective ordinances
and carry penalties that can include, in extreme circumstances, misdemeanor charges and arrest.
Please feel free to call me should you have any questions or require additional information.
JMG/hmf
F:\cmgr\$ALL\Hilda\Mayor & Commission\Victor Diaz\1 27 08 memo re vendors.doc
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
m MIAMIBEACH
OFFICE OF Ti-!E MAYOR AND COMMISSION MEMORANDUM
70: Jorge M. Gonzalez, City Manager
FROM: Victor M. Diaz, Jr., Commissioner `
SATE: January 13, 2009
SUBJECT: Improvements regarding street vendors
In my weekly walk. along the beach, I noticed a marked improvement in the appearance of the
street vendors. I assume that this is the result of the implementation of the Gity's new street
vendor ordinance.
Congratulations to both you and your staff for your good work in implementing a moderate
improvement an the situation given the first amendment restrictions.
NevertheCess, I observed a street vendor on 9"' Street and Ocean Drive who was selling pre-
printed t-shirts, which are obviously not the product of self-craftsmanship. What is the
enforcement mechanism for the City Street Vendor Ordinance? How is the City policing
compliance by street vendors with the current ordinance?
I assume this vendor will return to 9`h Street and Ocean and I would appreciate the City's staff
looking into whether they are 'tn compliance with the City Street Vendor Ordinance. Thank you.
VMD/sm