R5P 10-17-2007ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTIONS
18-901-18-910, ENTITLED STREET PERFORMERS AND ART
VENDORS; AUTHORIZING STREET PERFORMERS AND
ARTIST VENDORS TO USE PORTABLE TABLES ON OCEAN
DRIVE FOLLOWING RECEIPT OF A PERMIT SUBJECT TO
CERTAIN CONDITIONS AND PERMIT FEES; PROHIBITING
SPRAY PAINTING AND AIRBRUSHING; PROVIDING
DEFINITIONS, SETTING FORTH TERMS, CONDITIONS AND
REGULATIONS FOR PERMITS ISSUED TO STREET VENDORS
PERFORMERS AND ARTIST VENDORS; PROVIDING FOR
ENFORCEMENT, SUSPENSION OR REVOCATION; PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 18 entitled "Businesses" is amended as
follows:
CHAPTER 18
BUSINESSES
Article XV. Street Performers and Art Vendors on Lincoln Road and Ocean Drive
Sec. 18-901. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context. clearly indicates a different meaning:
Art means painting, photography, sculpting, sketching and crafts. Art, as herein defined, shall not be
construed to permit the display or sale of any item intended or suitable for human consumption.
Artist vending and street performance artist zone is defined as a sidewalk area which has been selected
and identified by the city manager or designee as the specific artist vendor/street performance artist area at
which all artist vending/street performance art in the Lincoln Road or Ocean Drive area shall occur by a
specific permittee.
Artist means one who engages in an activity defined to be art by this Article.
Agenda Item 1~5' P _
Date /~ ~7 p
Lincoln Road area is defined as all public rights-of--way within that area bounded on the east by the west
side of Washington Avenue, on the west side by the east side of Alton Road and on the north by the south
side of Lincoln Lane North and the south by the north side of Lincoln Lane South.
Ocean Drive is defined as all ublic ri hts-of-wa on Ocean Drive bounded on the south b ~ 5th Street and
on the north by 15`h Street.
Offense means either an uncontested notice of violation issued by a code compliance officer or a finding
of violation by a special master.
Permittee means a person who has obtained a permit pursuant to this article.
Right-of--way is defined as land dedicated, deeded, used or to be used for a street, alley, walkway,
boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain
designated individuals of governing bodies.
Street, as used herein includes any primary accessway such as a street, road, lane, highway, avenue,
boulevard, or cul-de-sac and also includes all of the land lying between the right-of--way lines as
delineated on a plat showing such streets, whether improved or unimproved.
Street performance includes the following activities: acting, singing, playing musical instruments,
pantomime, juggling, magic, dancing, and puppetry on public property.
Street performance artists means persons who engage in street performance activities to offer
entertainment or special demonstrations (often outlandish or unique) for those around them, often
standing in areas accessible to pedestrians and public rights-of--way.
Street vending of art or artist vending, as used herein, includes the display, creation and/or sale on public
property of art by a permittee. Street vending of art shall be limited to art created by the permittee.
Sec. 18-902. Intent of article.
The intent of this article is to regulate street performances and artist vending protected by the First
Amendment to the United States Constitution on the public right-of--way in the Lincoln Road area.-, and
street performances and artist vendin from portable tables on Ocean Drive
Sec. 18-903. Permit required.
It shall be unlawful for any person to engage in any street performance or artist vending on public
property in the Lincoln Road area and to engage in anv street performance or artistic vending from or
using a portable table on Ocean Drve without first obtaining a permit as required by this article. This
section does not alter or interfere with the applicability and/or enforcement of any other provisions of this
Code, including but not limited to, sections 70-4, 70-41, 74-1, 82-1, 142-894(a), and 142-1361 concerning
vending and peddling.
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Sec. 18-904. Permit application.
No artist vending or street performance on Lincoln Road, or artist vendine or street performance from or
using a portable table on Ocean Drive, shall be allowed unless specifically authorized by a permit.
Applications for a street performance artist or artist vending permit shall be made at the city occupational
licensing office, and shall be subject to the review and approval of that office, or such other office
designated by the city manager for such purposes.
(1) Only those applications on city forms will be accepted. If the application form is complete and
consistent with this article, the applicant agrees to abide by the terms of this article, and the application
fee is paid, the application will be approved, unless the applicant's permit has previously been revoked or
suspended, and the applicant has evidenced a failure to conform to the rules and requirements herein.
(2) The applicant shall provide a declaration under penalty of perjury that the art for which the applicant
seeks a permit to sell is of his or her own creation, and that the applicant neither employs other persons to
produce, nor is employed by another person to produce, the art item for which he seeks certification.
a. In consideration of the application, the occupational license office, or other office or
committee that the city manager designates, shall examine representative samples of the applicant's work
for the purposes of verifying the information set forth in the application. After such examination, and for
the purposes of further investigation, the occupational license office, or other designated office or
committee, may:
1. Request documentation from the applicant, including but not limited to receipts for the
purchase of arts or crafts or other supplies used to create the art for which the applicant seeks a permit to
sell; and/or
2. Designate one or more of its members to visit the studio or workshop of the applicant to view
the applicant's facilities and to further verify that the art for which the applicant submits certification is of
his or her own creation.
b. Only art for which a declaration is made andlor certification submitted may be sold in
conjunction with an issued permit.
(3) The application shall be submitted to the city occupational licensing office as follows:
a. For first time artist vendor applicants, not later than 45 days prior to the date of the lottery date
for the permit period; or
b. For street performance artist applicants and applications by a previous artist vendor applicant
for the same art, not later than 30 days prior to the lottery date for the permit period.
(4) Not later than 30 days after the filing of a completed, first-time application for an artist vending
permit, or not later than 15 days after the filing of a completed application for street performance artist or
a completed, subsequent application by an artist vendor for the same art, the applicant shall be notified by
the finance department regarding the decision on the issuance or denial of the permit, or eligibility for a
permit in the event a lottery is held pursuant to subsection (8~ herein. If the permit is denied, the applicant
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shall be provided with a statement of the reasons for denial. A denial may be appealed to the city manager
or his designee within ten days of the issuance of the denial Appeals from a decision of the city manager
or the manager's designee shall be to the appellate division of the circuit court in accordance with the
Rules of Appellate Procedure.
(5) Permits are nontransferable.
(6) The permit shall be effective for a maximum of three months from the date of its issuance.
(7) The city may charge an application processing fee in an amount set forth administratively.
(8) If the number of applications for permits on Lincoln Road exceeds the number of available zone
locations on Lincoln Road, a permits for Lincoln Road shall be issued to applications selected by a
quarterly lottery conducted by the city's occupational licensing office. If the number of applications for
permits on Ocean Drive exceeds the number of available zone locations on Ocean Drive, permits for
Ocean Drive shall be issued to applications selected by a quarterly lottery conducted by the city's
occupational licensing office. Each of the lotteries shall be conducted separately The available zone
locations shall be assigned randomly to the selected applications, as set forth in subsections 18-905(1)b
and c.
a. Each artist vendor and street performance artist shall be limited to one zone location:, and may
not hold a permit for Ocean Drive and Lincoln Road simultaneouslx
b. Lotteries will be held by the occupational licensing office approximately 15 days prior to the
start of each quarter (January, April, July and October).
c. The occupational licensing office shall implement a procedure for the reassignment of any
permits voluntarily surrendered or involuntarily suspended or revoked.
Sec. 18-905. Permit regulations and prohibitions.
Street performances and artist vending shall be conducted in accordance with the following rules and
requirements:
(l) Permitted artist vending and street performances shall only be conducted in designated zones.
a. Zone locations will be determined prior to the permit period. The zone location list shall be
available for review at the occupational license [business tax] office ten business days prior to the permit
period.
b. A total of 12 artist vending and street performance artist zones shall be available on Lincoln
Road for allocation of a permit each quarter; six of the zones shall be designated for the category of artist
vendors and six of the zones shall be designated for the category of street performance artist; only one
permit shall be assigned to each zone;, except that if the number of permit applications received for one
quarter for either cateQOry exceeds two times the number of available zones in that category then the City_
manager may assign more then one permit to a zone; the six street performance artist and the six artist
vending zones shall be assigned randomly. A total of six (6) artist vending and street performance artist
zones shall be available on Ocean Drive and for allocation of a permit each auarter• three of the zones
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,shall be designated for the cate~ory of artist vendors and three of the zones shall be designated for the
cate~orv of street performance artist; only one permit shall be assigned to each zone except that if the
number of permit appl~cat~ons received for one Quarter for either category exceeds two times the number
of available zones ~n that cateeory then the City manager may assign more then one permit to a zone• the
three street performance artist and the three artist vending zones shall be assigned randornly
c. If the number of permit applications received by the occupational license office is less than the
number of available zones for either the artist vendor or the street performance artist category, the
occupational license office shall make available the zone to permit applicants from the other category, but
at no time shall the total number of zones permitted on Lincoln Road exceed l2-, or the total number of
zones permitted on Ocean Drive exceed six.
d. Zone locations available for permits may change from time to time and additional zones may
be added as deemed necessary by the city manager or his designee.
e. The permitted street performance artist or artist vending zone shall not exceed 36 square feet
of space.
f. Permit holders cannot impede pedestrian traffic; must maintain a clear pedestrian path of five
feet; and cannot impede access to adjoining businesses or uses.
(2) No street performance artist or artist vendor shall create a fire hazard or connect to any electric
outlets or power sources. The street performance artist or artist vendor must provide their own power
sources, if any is required. No generators, car, truck, motorcycle, or boat batteries or any other power
sources deemed hazardous to the public health, safety or welfare by a police or code officer shall be
permitted. Extension cords are prohibited.
(3) No street performance artist or artist vendor shall engage in the application of tattoos or body
piercing, nor shall use fire or an animal as part of his/her act while on public property.-, nor engage in the
use of spray paint, airbrush or spray paint/airbrush equipment
(4) No food or drink, whether made by a permit holder or otherwise shall be displayed or offered for
sale, or sold through the street performance artist or artist vendor permit.
(5) The city manager or his designee may cause the immediate removal or relocation of all or parts of the
art and/or equipment associated with a permit in emergency situations or for safety considerations.
a. Upon the issuance of a hurricane warning by the county, the permittee shall forthwith cease
operation and remove all items associated with the art vending or street performance permit from the
public right-of--way. The issuance of such a hurricane warning shall constitute an emergency situation as
referenced in this division. As additional means of enforcement, the city may remove any equipment
and/or merchandise found on public property two hours after the issuance of a hurricane warning. Any
and all costs in curred by the city for removal and/or storage of art vending or street performance
equipment and/or merchandise shall be the responsibility of the permittee. The city is not responsible for
any damages or loss of equipment or merchandise which is lawfully confiscated.
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b. If the zone assigned for a street performance artist or artist vending is needed for a special
event, municipal repairs or other city business, or relocation or suspension is otherwise in the best interest
of the public, the city manager or designee may temporarily or permanently relocate the permittee to a
different zone or temporarily suspend (if no alternative is available) the street performance or artist
vending activity.
(6) The city manager or designee shall develop and impose administrative rules pertaining to this permit
including, but not limited to rules regarding abandonment of permit zones. All permittees shall comply
with the administrative rules; failure to due so shall result in the application of fines and penalties as
described in section 18-909 of this article.
Sec. 18-906. Indemnification.
All permit holders shall agree to defend, indemnify and hold harmless the city and its officers, agents and
employees from any suit, actions on claims arising out of or in any way connected with the activities
permitted pursuant to this article, except for any claims or liability arising from the negligence or
misconduct of the city, its agents, officers or employees.
Sec. 18-907. Hours of operation.
(a) Street performances and artist vending are prohibited daily between midnight and 8:00 a.m. except
on Saturday and Sunday when they are prohibited between 2:00 a.m. and 8:00 a.m.
(b) All tables, displays, signs and inventory used shall be removed no later than 30 minutes after the
permitted time period has expired.
Sec. 18-908. Disclaimer, display, and expiration.
(a) Disclaimer. On each permit the following words shall appear: The issuance of this permit does not
constitute an endorsement by City of Miami Beach or articles sold pursuant to the terms of this permit.
(b) Display. The city shall issue a permit to an artist vendor or street performance artist which shall
contain a photograph of the permittee, contact information and, for artist vendors, a description of the art
that is permitted to be sold by the artist vendor. The permit shall be displayed by the permittee at all times
when selling or soliciting offers to purchase any art or craft work or while performing.
(c) Expiration. All permits shall clearly list the expiration date which shall be no greater than 90 days
from the date of issuance.
Sec. 18-909. Enforcement, suspension/revocation of permit.
(a) Any violation of this article shall be subject to the following fines and penalties:
(1) First offense: $50.00;
(2) Second offense in the previous 12-month period: $100.00; ineligible for application for
permit for one quarter.
(3) Third offense in the previous 12-month period: $250.00; immediate revocation of permit;
ineligible for application for permit for two quarters.
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(b) Notwithstanding the above, the City may also direct the artist vendor or street performance artist to
immediately cease and desist the activity in violation of this article. Failure to immediately comply with
the order to cease and desist the activity in violation of this article shall result in additional f nes and may
result in suspension or revocation of the permit. Following suspension or revocation of a permit, upon
written request of the permit holder, the city manager or the manager's designee shall hold a hearing
within ten days after receipt of such request, at v~~hich time the manager or designee will hear the facts
constituting the basis for the modification, suspension or revocation, hear the statements for or against
such action by interested persons, and then make a decision affirming, modifying, or reversing the action
to be taken with respect to the permit. Such decision may be announced orally at the hearing, or in writing
within ten days after the hearing. Appeals from a decision of the city manager or the manager's designee
shall be to the appellate division of the circuit court in accordance with the rules of appellate procedure.
Sec. 18-910. Rights of violators; payment of fine; right to appeal; failure to pay civil fine or to appeal.
(a) A violator who has been served with a notice of violation shall elect either to:
(1) Pay the civil fine in the manner indicated on the notice; or
(2) Request an administrative hearing before a special master, appointed as provided in section
30-36 by the city commission, to appeal the decision of the code compliance officer which resulted in the
issuance of the notice of violation.
(b) The procedures for appeal shall be as set forth in section 102-385.
(c) The special master may not waive or reduce fines set by this article if a violation of this ordinance is
established.
(d) If the named violator after notice fails to pay the civil fine or timely fails to request an administrative
hearing before a special master, the special master shall be informed of such failure by report from the
code compliance officer. Failure of the named violator to appeal the decision of the code compliance
officer within the prescribed time period shall constitute a waiver of the violator's right to administrative
hearing. A waiver of the right to administrative hearing shall be treated as an admission of the violation,
and penalties may be assessed accordingly.
(e) Any party aggrieved by the decision of a special master may appeal that decision to a court of
competent jurisdiction as provided in F.S. § 162.11.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional
by any court of competent jurisdiction, then said holding shall in no way affect the validity of the
remaining portions of this ordinance.
•SECTION 4. CODIFIC ATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of
Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish
such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate
word.
SECTION 5. EF FECTIVE DATE.
This Ordinance shall take effect the
PASSED and ADOPTED this day of
ATTEST:
day of
MAYOR
CITY CLERK
F:~atto~SACS\ORDINANCWmendment to Sections I8-901-1$-910.doc
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2007.
2007.
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