2010-3678 OrdinanceORDINANCE NO. 2010-3678
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE
MIAMI BEACH CITY CODE ENTITLED "BUSINESSES," BY
AMENDING ARTICLE XV, ENTITLED "STREET PERFORMERS AND
ART VENDORS" BY AMENDING SECTION 18-901, ENTITLED
"DEFINITIONS," BY EXPANDING GEOGRAPHICAL DEFINITIONS
AND AREAS RELATING TO STREET PERFORMERS AND ARTIST
VENDORS; BY AMENDING SECTION 18-903, ENTITLED "ARTIST
VENDOR CERTIFICATE REQUIRED," BY AMENDING THE
PROVISIONS REGARDING FEES, CERTIFICATE REQUIREMENTS,
ADMINISTRATIVE RULES, AND THE PROCEDURES FOR THE
PROCESSING OF APPLICATIONS; BY AMENDING SECTION 18-905,
ENTITLED "PERMIT APPLICATION," BY AMENDING THE
PROVISIONS REGARDING FEES, AND AMENDING THE
PROCEDURES RELATIVE TO PERMITS AND LOTTERIES; BY
AMENDING SECTION 18-906, ENTITLED "REGULATIONS AND
PROHIBITIONS" BY AMENDING THE PROVISIONS CONCERNING
LOTTERY PROCEDURES, ZONE LOCATIONS, EXPANDING THE
NUMBER OF ZONES AND PROVIDING FOR MULTIPLE PERMITS
FOR ZONE LOCATIONS PURSUANT TO THE ADMINISTRATIVE
RULES, AND AMENDING PROVISIONS REGARDING THE
MAINTENANCE OF ARTIST VENDOR OR STREET PERFORMER
ZONES; BY AMENDING SECTION 18-909, ENTITLED "DISCLAIMER,
DISPLAY, AND EXPIRATION PERMIT OR CERTIFICATE" TO
CORRECT A TYPOGRAPHICAL ERROR AND TO REQUIRE THAT
PERMITS BE DISPLAYED AT THE PERMITTEES' TABLES;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATES.
WHEREAS, the Mayor and City Commission deem it in the best interest of the City of
Miami Beach to expand the opportunities for and amend the procedures relative to the
permitting of street performers and artist vendors in the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Article XV, entitled "Street Performers and Art Vendors," of Chapter 18 of
the Miami Beach City Code is hereby amended as follows:
CHAPTER 18
BUSINESSES
ARTICLE XV. STREET PERFORMERS AND ART VENDORS
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 ia~he on
Lincoln Road area, and all artist vending/street performance art from or using a portable table is
the on Ocean Drive, Collins Avenue, Washington Avenue and the city's beachwalk areas shall
occur by a specific permittee.
Artist means one who engages in an activity defined to be art by this article
Beachwalk area, as used herein, shall mean the public pedestrian pathway located
adjacent to the city's beachfront or bayfront, and as may also be referred to as the beachwalk,
beachway, baywalk, cutwalk or boardwalk.
Collins Avenue area is defined for purposes of this article as all public rights-of-way
within that area bounded on the east by Ocean Court (the alley between Ocean Drive and
Collins Avenue) or the ocean; on the west by Collins Court (the alley between Collins Avenue
and Washington Avenue) or 200 feet west from the centerline of Collins Avenue; on the south
by ~ Government Cut; and on the north by 24th street.
Lincoln Road area is defined as all public rights-of-way within that area bounded on the
east by the ocean ::sec*, c?c'° cf ~^.~oc.",;^y±c^ ,°,~:c^,.c, 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 area is defined as all public rights-of-way on Ocean Drive within that area
bounded on the south by c,,..+h o,.;,,+o nr;.,oGovernment Cut; on the north by 15th Street; on
the west by Ocean Court (the alley between Ocean Drive and Collins Avenue); and on the east
by the ocean.
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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.
Review committee is a committee whose ouroose is to review all artist vendor certificate
board, sera city advisory committee or
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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 access way 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-end means the intersection between a street or avenue and another street or
avenue, where one street or avenue is a dead end.
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.
Washington Avenue is defined by all public rights-of-way bounded on the east by Collins
Court (the alley between Collins Avenue and Washington Avenue) or 200 feet east of the
centerline of Washington Avenue; on the west measured 200 feet from the centerline of
Washington Avenue; on the south by c....+h o,,..,+e n.~„°Government Cut; and on the north by
Dade Boulevard.
Sec. 18-903. Artist vendor certificate requiredments and rules.
It shall be unlawful for any person to engage in artist vending in the City of Miami Beach
without first obtaining an Artist vendor Certificate.
(1) Application. Each person desiring certification as an artist vendor pursuant
to this ordinance shall file an application with the city's business tax receipt office
or any such other office as may be designated by the city manager.
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a. Only those artist vendor certification applications on city forms will be
accepted.
b. Except as otherwise provided herein, said artist vendor certification
application shall specify:
i. The artist vendor certificate applicant's name, resident address,
place of employment where the work of art is produced, a phone
number, electronic mail (e-mail) address or mailing address of the
artist vendor certificate applicant or of a person through whom the
certificate applicant may always be reached.
ii. A description of the art or craft item for which the applicant
seeks certification.
iii. A declaration under penalty of perjury that the art for which the
applicant seeks certification 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/she seeks certification.
iv. The artist vendor shall provide a copy of their State of Florida
Sales and Use Tax Certificate, including the sales tax
identification number. Notification from the State of Florida
Department of Revenue that the applicable sales tax has not been
paid shall constitute a violation of this article and be subject to the
fines and penalties set forth in section 18-910.
c. The city may charge a nonrefundable artist vendor certificate
application processing fee in an amount set forth administratively which is
approved by the City Commission by resolution.
(2) Examination of application. Upon receipt of an artist vendor certificate
application filed pursuant to this article, the city's business tax receipt office~or
such other office as may be designated by the City Manager shall coordinate the
authentication process of the artist vendor certificate application by the review
committee.
a. The business tax receipt office, or such other office as may be
designated by the Citv Manager shall determine a date for the review
committee to consider the artist vendor certificate application, and shall
notify the artist vendor certificate applicant of said date. Such date shall
occur no later than 60 days after artist vendor certificate application.
b. In consideration of the artist vendor certificate application, and
consistent with the administrative rules for review of artist vendor
certificate applications, the review committee shall:
i. Examine representative samples of the applicant's work for the
purposes of verifying the information set forth in the artist vendor
certificate application, and/or observe the artist vendor certificate
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applicant in the production of the art for which they seek a
certification
ii. After such an authentication process, and for the purposes of
further investigation, the artist vendor certificate review committee
may: 1) 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 or craft item for which the applicant seeks
certification of his own creation; and 2) request further
documentation from the artist vendor certificate applicant,
including but not limited to receipts or other proof of purchase of
arts or crafts or other supplies or raw materials used in creating or,
producing the art for which the applicant seeks a certification.
(3) Issuance of artist vendor certificate. If the artist vendor certificate applicant's
authentication process is satisfactory, no deception was used to obtain the
certificate, the applicant agrees to abide by the terms of this article, and the artist
vendor certificate fee is paid, the business tax receipt office, or such other office
as may be designated by the City Manager shall issue an artist vendor certificate
to the applicant, duly signed, and shall show therein that the person named
therein satisfied the authentication process and is entitled to engage in the
display and sale of the specific art or craft item set forth in said certificate in
accordance with the provisions of this ordinance, unless the applicant's artist
vendor certificate has previously been revoked or suspended or the applicant has
evidenced a failure to conform to the rules and requirements herein.
a. The applicant shall be notified by the business tax receipt office
regarding the decision on the issuance or denial of the artist vendor
certificate. If the artist vendor certificate is denied, the applicant 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 Florida Rules of Appellate Procedure.
b. Disclaimer. On each artist vendor certificate the following words shall
appear: The issuance of this permit does not constitute an endorsement
by City of Miami Beach of articles sold pursuant to the terms of this
certificate.
c. Transfer. Artist vendor certificates are nontransferable.
d. Display. The artist vendor certificate shall contain the name of the
artist vendor, a photograph of the artist vendor, a listing of the types of art
for which the artist vendor certificate has been issued, and any other
information that the city may determine should be placed on the artist
vendor certificate. The artist vendor must prominently display the artist
vendor certificate at all times.
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e. The term of the artist vendor certificates shall be for no less than one
quarter (three months). All artist vendor certificates shall expire on
September 30 of each calendar year.
f. An artist vendor certificate fee shall be as follows, and shall be paid
prior to the issuance of an approved artist vendor certificate:
i. For athree-month certificate: $25.00
ii. For asix-month certificate: $47.50
iii. For anine-month certificate: $67.50
iv. For aone-year certificate: $85.00
v. An artist vendor certificate shall be renewable on a quarterly or
an annual basis. However, such renewal application may be
subject to provisions contained in subsection 18-903(2).
g. Notwithstanding subsection 18-903 (3)e., and as provided for in the
administrative rules for artist vendor certificates, failure to pay an artist
vendor certificate fee within ten business days of the expiration of a
certificate, resulting in anon-renewal of an artist vendor certificate, shall
require the artist vendor to submit a new application for an artist vendor
certificate. The artist vendor shall pay the applicable artist vendor
certificate application fee and will be subject to provisions contained in
subsection 18-903(2).
h. Artist vendor certificate holders are subject to the enforcement,
suspension/revocation provisions as set forth in section 18-910.
(4) Administrative rules. In addition to the foregoing, the city manager or his/her
designee shall develop and impose administrative rules pertaining to artist
vendor certificates. All certificate holders shall comply with the administrative
rules; failure to doge so shall result in the application of fines and penalties as
dessr~ed-icepursuant to section 18-910 of this article.
Sec. 18-905. Permit application and rules.
No artist vending or street performance on Lincoln Road or artist vending or street
performance from or using a portable table on Ocean Drive, Collins Avenue, Washington
Avenue or the city's beachwalks 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
business tax 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 permit applications on city forms will be accepted. If the permit
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
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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) An applicant for an artist vendor permit must have a valid artist vendor
certificate to be eligible to apply for a permit and only art for which the permit
applicant has received an artist vendor certificate may be sold in conjunction with
an issued permit. All artist vendor certificate fees, and all permit application fees,
shall be paid in full at least twenty-four (24) hours prior to the date and time of the
permit lottery to be eligible to participate in the permit lottery.
(3) The permit application shall be submitted to the city business tax office as
follows:
a. For first time artist vendor permit 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 +"°~-~or
eligibility for a permit '^ +'^ +".through the lottery, as it is held pursuant to
subsection (8) herein. If the permit application is denied, the applicant 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 Florida 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 a+~ ep rmit application processing fee and a permit
processing fee in an amount set forth administratively which is approved by the
City Commission by resolution.
(8) A~p4isa>:ier~sZones for artist vendor ^^^' °+~°°+ ^°~^~^,°~ permits for Lincoln
Road, Ocean Drive, Collins Avenue, Washington Avenue and the city's
beachwalks shall be selected by a quarterly lottery conducted by the city's
business tax office and the City's Code Compliance Division, or such other office
as may be designated by the City Manager, and as set forth in subsection 18-
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a. Each artist vendor aad-
limited to one zone location
permit for more than one
+.oo+ ~o.+,,.,,,.,.,,.e ...+; + ep rmit shall be
and no artist vendor shalle~et hold a
permit zone simultaneously. Each street
b. Lotteries will be held by the business tax office and the Code
Compliance Division, or such other office as may be designated by the
City Manager, approximately 15 days prior to the start of each calendar
quarter (January, April, July and October).
c. The business tax office, the Code Compliance Division or such other
office as may be designated by the City Manager shall implement a
procedure for the reassignment of any permits voluntarily surrendered or
involuntarily suspended or revoked, should reassignment be necessary.
d. No permit shall be issued until the permit processing fee is paid in full.
Sec. 18-906. Regulations, procedures, and prohibitions.
Street performances and artist vending shall be conducted in accordance with the
following rules and requirements:
(1) Permitted artist vending and street performances on Lincoln Road, and artist
vending and street performances from a portable table on Ocean Drive, Collins
Avenue, Washington Avenue and the city's beachwalks shall only be conducted
in designated zones.
a. Zone locations will be determined prior to the permit period- and such
the-zone location list shall be available for review as set forth in the
Administrative Rules.
.The procedure for the assignment of artist vending
and street performance artist zones shall be set forth in the Administrative
Rules pertaining to artist vending and street performer permits.
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b. 1. A total of X26 artist vending and street performance artist
zones shall be available on Lincoln Road for allocation of a permit
each of the designated calendar quarters; fifteena+ae of the zones
shall be designated for the category of artist vendors and aiae
eleven of the zones shall be designated for the category of street
performance artist;
2. A total of 12 artist vending and street performance artist zones
shall be available on Ocean Drive for allocation of a permit each of
the designated calendar quarters; nine of the zones shall be
designated for the category of artist vendors and three of the
zones shall be designated for the category of street performance
artist
3. A total of six artist vending zones shall be available on the
street end of Lincoln Road and the beachwalk for allocation of a
permit each of the designated calendar quarters.
4. A total of six artist vending zones shall be available on the
street end of 17th Street and the beachwalk for allocation of a
permit each of the designated calendar quarters.
5. A total of six artist vending zones shall be available on the
street end of 18th Street and the beachwalk for allocation of a
permit each of the designated calendar quarters.
6. A total of two artist vending zones shall be available on Ocean
Drive south of 5th ar~d-~a~ Street.
7. A total of eight artist ending and street performance artist
zones shall be available on Collins Avenue for allocation of a
permit each of the designated calendar quarters; six of the zones
shall be designated for the category of artist vendors and two of
the zones shall be designated for the category of street
performance artist;
8. A total of four (4) artist vending zones shall be available on
Washington Avenue for allocation of a permit each of the
designated calendar quarters.
9. A total of two (2) artist vending zones shall be available on the
street end of 21St Street and the Beachwalk for allocation of a
permit each of the designated calendar auarters.
10. A total of two (21 artist vending zones shall be available on the
street end of 22n0 Street and the Beachwalk for allocation of a
permit each of the designated calendar quarters.
c. If the number of permit applications received by the business tax
office is less than the number of available zones for either the artist
vendor or the street performance artist category, ^r " ~^^°° r°^,°~^
9
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,the business tax office or code compliance
division, or such other office as may be designated by the City Manager,
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 X26; the total number of zones permitted on
Ocean Drive exceed 14; the total number of zones permitted on the street
end of Lincoln Road and the beachwalk exceed six; the total number of
zones permitted on the street end at 17th and the beachwalk exceed six;
the total number of zones permitted on the street end of 18th Street and
the beachwalk exceed six; the total number of zones permitted on Collins
Avenue exceed eight; ar~the total number of zones permitted on
Washington Avenue exceed four; the total number of zones permitted on
the street end at 2151 and the Beachwalk exceed two; and the total
number of zones permitted on the street end at 22"d street and the
Beachwalk exceed two.-
1_Onty one permit shall be assigned to each zone on Ocean Drive
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~nnnc fnr nrFic4 vnnrlnre• nr c4rn of nnrfnrmnrc }hcn 4hc n'fii mnnnnnr mnv
d. Zone locations available for permits may change from time to time
and additional zones may be added after city commission approval by
resolution, as may be deemed necessary by the city manager or his
designee.
(2) Artist vending and street performance in areas of the city other than those
included in subsection 18-906(1) shall be available on a daily, first-come first-
served basis. No artist vendor or street performer shall make efforts to reserve a
location in those areas not included in subsection 18-906(1).
(3) All artist vendor and all street performers, whether or not in a permitted artist
vending or street performer zone, shall comply with the following:
a. Artist vendor and street performers shall engage in their activities on
the public rights-of-ways of the city in such a manner that at all times
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2. More than one permit shall may be assigned to a zones on
there shall remain open for the passage of pedestrians a space of at least
five feet in width, as measured on a line perpendicular to the curb line,
between the edge of the sidewalk farthest from the curb and the edge of
the artist vendor's or street performer's activities. No portion of an artist
vendors's or performance artist's activities shall be included in measuring
the five feet clear pedestrian passageway. No street performer, artist
vendor, or table shall be permitted to block any public right-of-way or
entrances to buildings or other place of public accommodation.
b. The street performance artist or artist vendor shall not exceed 36
square feet of space for their performance or artist vending. Such space
shall be inclusive of:
i. Displays may only be from a table and there may be no more
than one display table. The display table may not exceed 50
percent of the total square footage allotted and the table must be
skirted to the ground in solid black, dark blue or dark green fabric.
A work area of no more than two feet by two feet shall be
permitted, but this work area must also be within the 36 square
feet of artist vending space.
ii. Artist vendor shall neatly display all art on the table. No art
shall be displayed in any other area or upon any other display that
is not a table. Tabletop displays, such as those used to display
jewelry, shall be no more than 24 inches tall. Any boxes or
additional art shall be stored wholly underneath the table, so that
the boxes and additional art will not be visible. No art available for
sale or on display may be laid on the floor, ground, sidewalk,
ground level or raised landscape area, step, or other fixed public
improvement. Street performers may not place any object on the
sidewalk, floor, ground, raised landscape area, step or other fixed
public improvement that can pose a tripping hazard.
iii. Push carts, mobile display racks and stands are not permitted.
iv. No lounge chairs may be used. No more than two chairs shall
be permitted, but the two chairs shall not be placed in a manner
that exceeds the total square footage allotted for the artist vending
and street performance.
v. Sunshades and tents are prohibited. Artist vendor and street
performers may have one traditional sidewalk cafe type umbrella
of no greater size than six feet by six feet square or nine feet in
diameter, with a maximum height of no greater than eight feet at
the center, or a minimum height of less than six feet and eight
inches at the lowest edge, and supported by a single pole. The
umbrella shall be easily portable when closed and made of non-
shiny woven fabric of solid dark blue, dark green, or dark red color
only.
vi. No artist vendor or street performer shall allow the table or
any item relating to the artist vending or street performance
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activity to lean against or hang from any building, structure, tree
or other plant.
vii. The table shall be removed from city property daily, and the
artist vendor and street performer shall clean the artist vending or
street performer zonearea, including within a radius of 15' from the
artist vending or street performer zone, and deposit trash in proper
receptacles.
viii. No table shall be located within 24 inches of the curb line of
any sidewalk.
ix. Sprinkler inlets, standpipe inlets (both wet and dry) are to be
kept clear for five feet on each side, measured from the outer
edge of standpipe bank from the building line to the sidewalk
edge.
x. No table shall be within five feet from the outer edge of any
entrance to any building including, but not limited to, doors,
driveways, emergency exits measured in each direction parallel to
the building line and thence at a 90-degree angle to the curb.
xi. No table shall be five feet from a fire escape.
xii. No table shall be on any sidewalk adjacent to curb which has
been duly designated as a bus zone, passenger loading zone,
commercial loading zone or valet ramp.
xiii. No table shall be within five feet of any crosswalk or ADA
ramp.
xiv. No table shall be within five feet of the display of any other
street artist, unless otherwise provided for in this article.
xv. Tables shall have afive-foot sidewalk clearance from a fire
hydrant.
c. 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.
d. 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 equipment.
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e. No food or drink, whether made by a certificate or permit holder or
otherwise shall be displayed or offered for sale, or sold through the street
performance artist or artist vendor.
f. No street performer or artist vendor shall interfere with a motorist,
either regarding the passage of a vehicle or the sight of its driver.
g. No artist vendor or street performer shall keep any animal in the
permit area except for service animals.
h. No artist vendor shall sell, offer for sale, or solicit offers to purchase,
from any vehicle.
i. No street performer, street performance or artist vendor may create
noise that violates the city noise ordinance.
j. A street performer or artist vendor may not interfere with the passage
of the public through a public area. If a street performer or artist vendor
attracts a crowd sufficient to obstruct the public way, a police officer or
code officer may disperse the crowd that is creating the obstruction. The
police officer or code officer may ask the street performer or artist vendor
to temporarily suspend a street performance or artist vending activity or
leave the location when that action is necessary to protect the public
safety or public order.
k. No street performer or artist vendor may include obscenity in a street
performance or artist vending activity.
I. No street performer or artist vendor shall engage in physical or verbal
harassment or coercion.
m. The street performer and artist vendor shall maintain their
performance or vending area-zone free of trash and debris, including
within a radius of 15 feet of the performance or vending area, and deposit
trash and debris in proper receptacles.
n. The certificate holder shall be limited to one sign which shall be no
greater than 8.5 inches by 11 inches. Said sign shall be located on or
attached to the table. The certificate holder's name shall be legibly
displayed on such sign.
o. The certificate holder shall not block a sidewalk, street, bikepath or
restricted lane for any purpose, including loading or unloading their
equipment.
(4) 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 certified
artist vendor or street performer in emergency situations or for safety
considerations.
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a. Upon the issuance of a hurricane warning by the county, the certified
artist vendor or street performer shall forthwith cease operation and
remove all items associated with the art vending or street performance
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 incurred by the city for removal
and/or storage of art vending or street performance equipment and/or
merchandise shall be the responsibility of the certified artist vendor or
street performer. The city is not responsible for any damages or loss of
equipment or merchandise which is lawfully confiscated.
b. If the zone assigned for a street performance artist or artist vending
through a permit, or an area used by a street performance artist or artist
vendor without a permit, 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 street performance artist or artist vendor to a
different zone or location, or temporarily suspend (if no alternative is
available) the street performance or artist vending activity whether
permitted or not.
(~}~ The city manager or his/her designee shall develop and impose
Aadministrative Rfules pertaining to an artist vending or street performe~ance
artist permit including, but not limited to, rules regarding the permit lottery and
abandonment of permit zones. All permittees shall comply with the administrative
rules; failure to do so shall result in the application of fines and penalties as
desc~ed--i~pursuant to section 18-910 of this article.
Sec. 18-909. Disclaimer, display, and expiration of permit or certificate.
(a) Disclaimer. On each certificate the following words shall appear: The issuance of
this certificate does not constitute an endorsement by the City of Miami Beach of articles
sold pursuant to the terms of this certificate. On each permit the following words shall
appear: The issuance of this permit does not constitute an endorsement by the City of
Miami Beach of articles sold pursuant to the terms of this permit.
(b) Display. The city shall issue a certificate to an artist vendor which shall contain a
photograph of the certificate holder, contact information and a description of the art that
has been certified to be sold by the artist vendor. The certificate shall be prominently
worn by the artist vendor at all times when selling or soliciting offers to purchase any art
or craft. The city shall issue a permit to an artist vendor or street performance artist for
Lincoln Road, Ocean Drive, Collins Avenue, Washington Avenue and the beachwalks,
containing a photograph of the permittee, contact information, the permit location and,
for artist vendor, a description of the art that is permitted to be sold by the artist vendor.
The permit shall be displayed at the table by the permittee at all times when selling or
soliciting offers to purchase any art or craft work or while performing.
14
(c) Expiration. All artist vendor certificates shall list the expiration date, which shall be
the last day of the fiscal year quarter, or of the fiscal year. All permits shall list the
expiration date which shall be no greater than 90 days from the date of issuance.
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. CODIFICATION.
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. EFFECTIVE DATES.
This Ordinance shall take effect the o?U day of / / ~ Ce~L~- , 2010, except as
to the amendments to a) the definition of "Lincoln Road" in Section 18-901, and b) the
provisions in Section 18-906(1)(b) which increase the artist vending and street performance
artist zones on Lincoln Road, which shall take effect the 1St day of April, 2010.
PASSED and ADOPTED this ~O day of ~G rG~ 2010.
ATTEST:
~~ (~'~
CITY CLERK ROBERT PARCHER
AY R MATTI HERRERA BOWER
l~~~~eti.3i~~i~ d~1' ~ i~
F ~~~.~"~ ~ Rr~°s*i! ~~rA.~
Underline denotes additions /J
S~~ denotes deletions ]
Shading denotes changes for new first reading ~ 3 II'~~l®
C' crra~.y ~ ~~+ta
T:WGENDA\2010\March 10\Regular\Street Performer-Artist Vendor Ord Amend- ORD (2nd Rding).doc
15
Condensed Title:
COMMISSION ITEM SUMMARY
I An Ordinance of the Mayor and City Commission amending Article XV "Street Performers and Art Vendors" I
Outcome
Supporting Data (Surveys, Environmental Scan, etc.): 85% of business in South Beach are satisfied with the fairness and consistency of
enforcement of zoning and ordinances by the City of Miami Beach government for businesses; and the fairness/consistence of code enforcement
of zoning and ordinances is a key driver of city government open and interested in hearing business concerns.
Issue:
Shall the Mayor and City Commission amend Article XV of the Miami Beach city code entitled "Street Performers and Art Vendors by amending
Sections 18-901- 909 to expand the areas regulated by this ordinance to include the 200 and 300 blocks of Lincoln Road, add zones to the
expanded area, clarify definitions of Beachwalk, Ocean Drive, Washington Avenue, and Collins Avenue, add zones on the beachwalk at the street-
Item
Subsequent to passage of the ordinance at the initial first reading on December 9, 2009, the administration held two additional meetings with artist
vendors/street performers to solicit comments on the proposed amendments (December 18, 2009 and January 20, 2010). Based on the input
received from those meetings, additional changes to the ordinance are recommended; those changes necessitated another first reading for the
February Commission meeting. The ordinance passed first reading at that meeting and is now set for second reading /public hearing for the
March Commission meeting. The artist vendors /street performers have been notified of this meeting.
The following changes to the ordinance are recommended subsequent to the initial first reading:
1) The effective date for inclusion of the 200/300 block of Lincoln Road as a permit area is set for April 1s`, the beginning of the next quarter.
2) Provide flexibility to allow street performers to work in more than one permit zone. The amendment provides for flexibility that is currently not
available. However, implementation will be pending additional input from the street performers and careful review by administration. This was
suggested because street performers generally work very few hours in a zone as compared to artists. This flexibility would allow street
performers with a valid permit to utilize permitted performance zones whenever they are not already in use, on a first-come, first-served basis,
but does not increase the total number of permit zones.
3) Allows for the option (as opposed to mandating) of splitting the zones on Lincoln Road and Ocean Drive from 5th to 15rh Streets into three-day
and four-day permits, and removes the beachwalk at Lincoln Road from that provision.
Additional changes recommended since the initial first reading include added clean-up language in the definitions and, based on Commission
discussion during initial first reading, providing for approval of fees by Commission resolution.
Other program modifications involving the process for assigning zones to artist vendors/street performers were raised during the artist/performer
meetings and these modifications will be accomplished administratively aspart ofthe Administrative Rules (Exhibit A). They include the following:
1) The City will maintain an alternate list to allow for the reassignment of permit zones that may come available. As part of the streamlining of
the process, it was recommended that no alternate list be maintained. This created concern for many artist vendors, as more than twenty
vendors usually remain without permits. Alternatively, staff has developed an alternate list process that generates limited administrative
support. Namely, reassignment of zones will occur on the first Monday of every month (or the next regular work day if a holiday) for
artists/performers that are on the alternate list, and they must be present or represented to obtain a zone.
2) Conversion of all artist vendor zones on Lincoln Road from seven-day permits to four-day orthree-day permits will occur ifthere are between
74 and 82 permit applications received for any given lottery. All artist vendor zones on Lincoln Road and Ocean Drive from 5ch to 15th Streets
will be converted if more than 83 applications are received.
3) Artists and performers that are selected for a zone in the lottery must pay the permit processing fee and pick up their permit by close of
business of the 5'h business day following the lottery or the zone will be assigned to another artist/performer.
4) Zones will not be held for applicants who do not attend, or have representation at the lottery.
During the initial first reading there was Commission discussion regarding refinement of the definition of "original art"; that issue, as well as the
issue of "local preference", which was raised by the artists/performers is being further researched by Legal and Administration.
Adviso Board Recommendation:
The NCAC meeting of November 12, 2009 had no quorum to make a recommendation to the Commission. Commissioner Libbin listened to the
suggestions and views of the interested parties in attendance with the understanding that the issue would move to the full Commission without any
recommendation from the Committee.
Financial Information:
Source of Funds: Amount Account
1
OBPI
Total _
Financial Impact Summary: The proposed amendments will result in additional permits being issued, resulting in additional fees
collected b the Cit to offset costs.
MIA1~/IIBEACH
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.aov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager ~~ ~/ SECOND READING
J PUBLIC HEARING
DATE: March 10, 2010
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE MIAMI BEACH CITY CODE
ENTITLED "BUSINESSES," BY AMENDING ARTICLE XV, ENTITLED "STREET
PERFORMERS AND ART VENDORS" BY AMENDING SECTION 18-901, ENTITLED
"DEFINITIONS," BY EXPANDING GEOGRAPHICAL DEFINITIONS AND AREAS
RELATING TO STREET PERFORMERS AND ARTIST VENDORS; BY AMENDING
SECTION 18-903, ENTITLED "ARTIST VENDOR CERTIFICATE REQUIRED," BY
AMENDING THE PROVISIONS REGARDING FEES, CERTIFICATE REQUIREMENTS,
ADMINISTRATIVE RULES, AND THE PROCEDURES FOR THE PROCESSING OF
APPLICATIONS; BY AMENDING SECTION 18-905, ENTITLED "PERMIT
APPLICATION," BY AMENDING THE PROVISIONS REGARDING FEES, AND
AMENDING THE PROCEDURES RELATIVE TO PERMITS AND LOTTERIES; BY
AMENDING SECTION 18-906, ENTITLED "REGULATIONS AND PROHIBITIONS" BY
AMENDING THE PROVISIONS CONCERNING LOTTERY PROCEDURES, ZONE
LOCATIONS, EXPANDING THE NUMBER OF ZONES AND PROVIDING FOR MULTIPLE
PERMITS FOR ZONE LOCATIONS PURSUANT TO THE ADMINISTRATIVE RULES,
AND AMENDING PROVISIONS REGARDING THE MAINTENANCE OF ARTIST VENDOR
OR STREET PERFORMER ZONES; BY AMENDING SECTION 18-909, ENTITLED
"DISCLAIMER, DISPLAY, AND EXPIRATION PERMIT OR CERTIFICATE" TO CORRECT
A TYPOGRAPHICAL ERROR AND TO REQUIRE THAT PERMITS BE DISPLAYED AT
THE PERMITTEES' TABLES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATES.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Mayor and Commission approve the ordinance on second
reading.
BACKGROUND
At the September 9, 2009 Commission Meeting, staff requested a referral for discussion regarding the
current artist vendor/street performer ordinance to the Neighborhoods/Community Affairs Committee
(NCAC). Specifically, staff wanted to propose to the Committee the expansion of existing artist
vending and street performer locations to address the issue of vending on the 200 and 300 block of
Lincoln Road, and to address the possibility of splitting certain zones into three-day (Thurs to Sat) or
four-day (Sun to Wed) permits to increase opportunities for applicants to obtain permits.
The number of applications for permits has consistently exceeded the number of available permits. In
an effort to provide as much opportunity as possible, staff has spent an incredible amount of
resources maintaining long alternate lists, and monitoring utilization of permit zones (via twice-daily
Page 2 of 6
Commission Memorandum
Artist Vendor/Street Performer Ordinance (Second Reading)
attendance checks) to identify permits that can be revoked and re-issued to other vendors on the
waiting list. Additionally, staff asked vendors to consider voluntarily requesting athree-day (Thurs to
Sat) orfour-day (Sun to Weds) permit instead of a seven-day permit. In effect, this provides access to
two vendors to the same site on different days of the week. This voluntary methodology has assisted
in being able to provide additional permits to artist vendors in particular, although not nearly as many
as would be needed to provide locations to most of the applicants for permits.
Concurrently, as we were looking at options to increase opportunities, we had been monitoring the
growing number of artist vendors setting upon the 200 and 300 blocks of Lincoln Road, particularly
towards the middle. At the time that the vendor ordinance was first approved, these blocks were
rarely if ever utilized by artist vendors. However, with the implementation of the ordinance, and in light
of the competition for the number of permits available, artist vendors determined that this area in the
center of the block fell outside of the definition for Lincoln Road, Collins Avenue and Washington
Avenue, and as a result did not require a permit (NOTE: All of the vendors there are required to have
a vendor certificate, which means that they have gone before the Fine Arts Board and their art has
been certified as made by them). We referred the item to Committee so that we can close that
loophole. However, it is our recommendation that we not only correct the loophole, but also provide
for permit zones on those two blocks (Attachment A), as well as codify the creation of zones on the
beachwalk at street-ends of 21 S` and 22"d streets, (Attachment B), which were approved by resolution
at the December 9, 2009 Commission meeting. The addition of these new locations, as well as
proposed modifications to the ordinance so that the permits on Lincoln Road and Ocean Drive can be
split, will increase available permits. The specific amendments are described below.
COMMITTEE REVIEWS
Prior to the discussion at the NCAC meeting (during the second budget hearing), the matter of the
permit application fees for artist vendors and street performers was referred to the Finance
Committee for discussion. That discussion occurred at the October 29, 2009 meeting of the Finance
and Citywide Projects Committee. As explained to the Finance Committee members, there are a
series of processes that currently occur and have been developed to address the issue of providing
maximum access to artist vendors and street performers to the number of available permits, as the
number of applications received for permits typically exceeds the number of available permits. At the
Finance Committee meeting, staff suggested that the proposed modifications to the process be
implemented at the same time as an expansion of locations and/or permits occurred. The Finance
Committee agreed to the proposed changes in the process, and approved a permit application fee
increase that is broken down into two payments: permit application fee (for all applicants that will
participate in the lottery); and a permit processing fee (for all applicants selected via the lottery who
can receive a permit). The matter of the additional locations and methodologies to increase access to
permits was not discussed, as it was understood that the Neighborhoods Committee would be
discussing this.
At the November 12, 2009 meeting of the Neighborhoods/Community Affairs Committee (NCAC),
proposed changes were presented. However, the Committee had no quorum to make a
recommendation to the Commission. Commissioner Libbin listened to the suggestions and views of
the interested parties in attendance, with the understanding that the issue would move to the full
Commission without any recommendation from the Committee. The proposed amendments were
considered on first reading at the December 9, 2009 Commission meeting, and approved.
VENDOR/PERFORMER MEETINGS
Subsequent to passage of the ordinance at the initial first reading on December 9, 2009, the
administration held two additional meetings with the artist vendors/street performers. The first was on
December 18, 2009 and the second was on January 20, 2010. The purpose of these meetings was
to further explain the proposed amendments to the ordinance and to obtain additional input from the
artist vendors/street performers. Based on the input received from those meetings, additional
changes to the ordinance are recommended and those changes necessitate submitting the
Page 3 of 6
Commission Memorandum
Artist Vendor/Street Performer Ordinance (Second Reading)
amendments for a new first reading for the February Commission meeting, and a second reading/
public hearing for the March Commission meeting.
PROPOSED AMENDMENTS
1) Section 18-901: Definitions: Add language in the definition for "Beachwalk Area" to include
the cutwalk and the pathways connecting the street-ends to the beachwalk, added language
in the definition for "Lincoln Road" to change the eastern boundary to the ocean, instead of
the west side of Washington Avenue, and to change the southern boundary of Collins
Avenue, Ocean Drive and Washington Avenue from South Pointe Drive to Government Cut.
2) Add clean-up language to provide flexibility should the program administration move from one
department to another, to provide consistent terminology, or to correct typos.
3) Sec. 18-905 (2): Clarify that the vendor certificate fee must be paid in full at least 24 hours
prior to the permit lottery date and time in order to be eligible to participate in the permit lottery.
Likewise, language has been added requiring that all permit application fees must also be
paid in full at least 24 hours prior to the permit lottery to be eligible to participate in the permit
lottery. W hile these deadlines have been incorporated into the administrative guidelines, it is
recommended that they be codified. Language has also been added to Sec. 18-905 (8) (d)
that no permit will be issued to anyone selected via the lottery until the permit processing fee
is paid in full.
4) Sec. 18-905 (4): Provides language that clarifies that applicants may appeal the denial of their
applications for a permit, not of their permit, especially as the permit is issued via a lottery.
5) Sec. 18-905 (7) and (8): Provides language clarifying that a permit application fee and a
permit processing fee may be set forth administratively which is approved by the City
Commission by resolution; and provides flexibility so that the program could be modified so
that street performers could work in more than one permitted zone.
6) Amends Sec. 18-906 (1) (a) to: Provide that the procedure for the assignment of artist
vendor/street performer zones shall be set forth in the Administrative Rules. The language
below was included in Sec. 18-906 (1)(a) in the initial first reading and is now in the
Admisntrative Rules.
Correct that zone locations shall be determined at least ten days prior to the lottery date.
Add language that permit applicants do not need to be present the day of the lottery to
win; that they may designate a proxy to select a zone during the lottery process; and how
and by when they may designate a proxy. Language is also added to clarify the manner in
which zone assignments will be made for absent permit applicants selected in the lottery
that do not have a proxy, or whose proxy failed to attend.
7) Amends Sec. 18-906 (1) (b) to:
Add eight new zones on Lincoln Road from Collins Avenue to Washington Avenue; six
of the zones would be designated for artist vendors and two of the zones would be
designated for street performers. This would result in an increase of available artist
vendor zones from nine to fifteen, and increase the number of street performers on
Lincoln Road from nine to eleven. Attachment A illustrates the possible zones on
Lincoln Road from Collins Avenue to Washington Avenue. It is important to note that
the attached map of proposed permit zones for this two block area reflects all
potentially usable locations, however, no more than eight locations will be used during
any given quarter.
a. Codify the addition of two new artist vending zones on the beachwalk at the street-end
of 215` Street and two new artist vending zones on the beachwalk at the street-end of
22"d Street. The current ordinance permits zones to be added by resolution. An
accompanying resolution on the December 9, 2009 Commission agenda was
approved providing for the addition of these four locations. As amendments were
being considered to the ordinance, it was suggested that, if the new zones were
approved by resolution, that they also be codified. Please refer to Attachment B for
diagrams reflecting the locations approved by resolution that would be codified.
Page 4 of 6
Commission Memorandum
Artist Vendor/Street Performer Ordinance (Second Reading)
8) Amends Sec. 18-906 (c), to clarify what the maximum number of zones can now be in each of
the areas where permits are required.
9) Sec. 18-906 (1) (c) is amended to allow for the issuance of two permits for each zone on
Lincoln Road, and Ocean Drive from 5`h to 15`"Streets, and codifies the breakdown of permits
by certain days, as provided for in the administrative guidelines for this program (and includes
the current breakdown of days of the week that would be available at those zones with two
permit holders).
10) The effective date is modified so that the changes associated with the 200/300 block of
Lincoln Road are effective on April 1, 2010. The effective date for the remaining modifications
remains unchanged.
The following changes to the ordinance are recommended subsequent to the initial first reading:
1) The effective date for inclusion of the 200/300 block of Lincoln Road as an area requiring
a permit is set for April 1, 2010, to coincide with the beginning of the next quarter.
2) Provide flexibility so that an option may be implemented that allows street performers to
work in more than one permit zone. The amendment provides for flexibility that is
currently not available. However, implementation will be pending additional input from the
street performers and careful review by administration. This was suggested by the
artists/performers because street performers generally work very few hours in a zone as
compared to artists. For example, a "statue" artist may only work three-four hours during
the night time only, leaving their permit zone vacant the majority of the time. This flexibility
would allow street performers with a valid permit to utilize permitted performance zones
whenever they are not already in use, on a first-come, first-served basis. In this manner, if
one street performer uses the zone from 3:OOpm to 7:OOpm, another performer can use
the same zone from 7:OOpm to midnight. This proposed amendment does not increase
the total number of permit zones, only the opportunity for street performers to access the
permit zones. It should be noted that there are currently 14 street performer permit zones
(16 if proposed amendment is adopted to add two to the 200/300 block of Lincoln Road),
while the number of applications is typically 19-20 in a quarter.
3) Allowing for the option (as opposed to mandating) of splitting the zones on Lincoln Road
and Ocean Drive from 5th to 15`h Streets into three-day and four-day permits, and
removing the beachwalk at Lincoln Road from that provision. We agree with comments
from artist vendors that this should be optional.
Additional changes recommended since the initial first reading includes added clean-up language in
the definitions and, based on Commission discussion during initial first reading, providing for approval
of fees by Commission resolution.
Other program modifications involving the process for assigning zones to artist vendors/street
performers were raised during the artist/performer meetings. These modifications address process
improvements that have been identified as the program has developed. The Administrative Rules are
posted on-line (in English and Spanish) and provided to all permit applicants (Exhibit A). They include
the following:
1) The City will maintain an alternate list to allow for the reassignment of permit zones that
may come available. As part of the streamlining of the process, it was recommended that
no alternate list be maintained. This created concerns for many artist vendors, as more
than twenty vendors usually remain without permits. Alternatively, staff has developed an
alternate list process that generates limited administrative support. Namely, reassignment
of zones will occur on the first Monday of every month (or the next regular work day if a
holiday) for artists/performers that are on the alternate list, and they must be present or
represented to obtain a zone.
2) Conversion of all zones on Lincoln Road from seven-day permits to four-day orthree-day
Page 5 of 6
Commission Memorandum
Artist Vendor/Street Performer Ordinance (Second Reading)
permits may occur if there are between 74 and 82 permit applications received for any
given lottery. All zones on Lincoln Road and Ocean Drive from 5th to 15`h Streets maybe
converted if more than 83 applications are received.
3) Artists and performers that are selected for a zone in the lottery must pay the permit
processing fee and pick up their permit by close of business of the 5th business day
following the lottery or the zone will be assigned to another artist/performer.
4) Zones will not be held for applicants who do not attend, or have representation at
the lottery. Previously, if an applicant's ball was drawn at the lottery and they were
not present, a zone was set aside and held for them. This modification provides
that those not attending or having a representative at the lottery will not have a
zone held for them, and instead be placed at the end of the alternate list, allowing
those present the opportunity to obtain a permit ahead of those not present or
represented.
AVAILABLE ZONES
The chart below reflects the total number of zones available prior to the December 9th Commission
meeting, the total number resulting from the approval (by resolution) of four zones on December 9,
2009, and the total number that would be available should the additional amendment relating to
Lincoln Road be approved on second reading:
# OF ZONES prior to
12/9109 Commission Mtg # OF ZONES as of 1219/09
Commission Mtg. # OF ZONES with addit'I
amendment (Lincoln Rd)
Artist Vendors 48 52 58
Street Performers 14 14 16
TOTAL 62 66 74
In addition, if the Commission approves the proposed amendment to allow for the issuance of two
permits for certain zones, specifically those on Lincoln Road and Ocean Drive between 5`h and 15th
Streets, as explained above, this could result in the availability of up to 112 permits. However, more
than 112 permits may actually be issued if applicants voluntarily elect to take athree- or four-da~
permit in those zones other than those located on Lincoln Road and Ocean Drive between 5th and 15`
Streets where the ordinance amendment would allow for two permits to be issued per zone.
FISCAL IMPACT STATEMENT
The proposed amendments will result in additional permits being issued, resulting in additional fees
collected by the City to offset costs.
CONCLUSION
The proposed ordinance amendments provide for the creation of new permit zones on the 200 and
300 blocks of Lincoln Road, addressing issues with pedestrian access and safety. Adding zones on
2151 and 22nd Streets was accomplished by resolution at the December 2009 Commission meeting
and is also being incorporated in these amendments to the ordinance for codification since other
changes to the ordinance are also being proposed. Section 18-906 (d) of the current ordinance states
that "Zone locations available for permits may change from time to time and additional zones maybe
added after city commission approval by resolution, as may be deemed necessary by the city
manager or his designee."These zones were therefore included in the lottery on Dec 22, 2009 and
were available for the 15` quarter of 2010.
Splitting of zones to offer two permits per zone was initially proposed to be accomplished
administratively inthe first quarter of 2010. However, based on additional input from Legal, this would
be implemented for the next available lottery after the effective date of the amended ordinance, which
Page 6 of 6
Commission Memorandum
Artist Vendor/Street Performer Ordinance (Second Reading)
is the second quarter of 2010. However, it is now recommended that splitting zones be an option, not
automatic. Similar flexibility is requested with regards to Street Performer zones.
As you may recall, as part of the effort to address the permit fees for artist vendors and street
performers, it is necessary to reduce staff time that has been used to continuously implement this
program. Although new procedures are recommended, changes in other processes will offset these
new procedures. The addition of zones and permits will provide increased opportunities for artist
vendors and street performers in certain City areas. As always, artist vending and street
performances can occur without a permit in all other areas of the City not designated as requiring a
permit (note: artist vendors still need a certification).
In addition to providing increased opportunities for artist vendors and street performers to obtain
permits, changes were made to the process by which zones are assigned. These changes were
suggested by the artist vendors/street performers. In order to be responsive to future ideas for
improving the process and reducing the cost of the procedure for assigning artist vendor/street
performer zones, this ordinance amendment proposes to set that process in the administrative
guidelines rather than in the ordinance.
Subsequent to the approval of the ordinance amendment on initial first reading, the Administration
met with artist vendors /street performers to further explain the proposed changes, and to solicit
feedback. The proposed modifications to the ordinance and to the administration of the program
resulting from those meetings were discussed above. Those changes necessitated another first
reading for this ordinance at the February Commission meeting. The ordinance passed first reading at
that meeting and is now set for public hearing /second reading at the March Commission meeting.
The artist vendors /street performers have been notified regarding the second reading /public
hearing. During that initial first reading there was Commission discussion regarding refinement of the
definition of "original art"; that issue, as well as the issue of "local preference" which was raised by the
artists/performers is being researched by Legal and Administration.
It is recommended that the Commission approve the proposed amendments on second reading
T:WGENDA\2010\March 10\Regular\Street Performer-Artist Vendor Ord Amend-MEMO (2nd Reading).doc
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City of Miami Beach, 1700 Convenl'wn Center Drlve, Miami Beach, Florida 33139, viww.miamibeachfl.gov
COMMITTEE MEMORANDUM
TO: Fin a and,Citywide Projects mittee Members
FROM: Jor a M. Gonzalez, City Manage
DATE: October 29, 2009
SUBJECT: Discussion -Proposed fees for Artist Vendors/Street Performers
BACKGROUND
At the second budget hearing, the Commission requested that we review the proposed fee
increase for the Artist Vendor/Street Performer program to ensure that the City was
recovering all actual costs involved in supporting this effort. There are two departments
primarily responsible for the portion of the Artist Vendor/Street Pertormer program relating to
the lottery to assign permit locations in certain areas of the City. These departments are the
Finance Department and the Code Compliance Division.
During the discussion, concerns were expressed regarding the estimated cost of an
increase to the quarterly fee for artist vending/street performances based on the calculations
developed by Finance and Code Compliance staff of actual time and costs associated with
currently managing this program. In reviewing these additional processes, it is apparent that
the bulk of the time, and as a result most of the cost, is associated with processes that have
been designed in an effort to afford all applicants the opportunity to secure a spot; these
processes are incorporated into either the ordinance and/orthe administrative guidelines for
the program. Attachment A reflects the current costs for each department, broken down by
activity. These additional processes include, among other things:
1) A "supplemental lottery" process for vendors/performers whose name is selected the
day of the lottery but are not present the day of the lottery to select their spot (Code)
2) The process to manage an "Alternate List," that includes offering alternates a permit
spot in the event that the supplemental lottery results in available permit locations
(Code)
3) Reissuing of permits to alternates during the quarter to replace vendors/performers
that have surrendered their permit locations or have had their permits revoked due to
violations. This involves contacting the alternate(s) (Code)
4) Monitoring attendance at all permit locations daily (two times a day) to ensure
attendance, since absences that reach a certain threshold (as established in the
ordinance) will result in revocation; ltthere is a revocation, then an alternate(s) must
be contacted to be offered the spot, permit must be issued, etc. (Code)
5) Responding to daily calls, questions, etc, regarding the lottery, attendance, permitted
items, etc.(Code and Finance)
In reviewing these additional processes, it is apparent that the bulk of the time, and as a
result most of the cost, is associated with this additional work. The intention has been to
ensure that as many of the vendors that apply for a permit can ba accommodated, if
possible. For example, the program allows that when twice as many permit applications are
received than permit locations are available per ordinance, we can issue two permits for one
NCAC 11-12-2009 Page 30
location (a three-day permit for Thursday to Saturday and afour-day permit for Sunday to
Wednesday). While the number of permit spaces was expanded during the last ordinance
amendment to include Collins, Washington, new spaces on Lincoln Road and Ocean Drive,
and the Beachwalk, we continue to receive 75-80% more applications than spaces;
however, we have yet to reach the 100% mark (96 applications) that would prompt us to
require that all locations be issued two permits. Notwithstanding, we offered applicants the
opportunity to voluntarily chose a three or four day permit for a location as a mechanism to
make more permits available. Certain vendors that only want to sell for a few days have
taken advantage of this option, providing for additional permits. That said, the number of
persons not issued a permit ranges from 25-30 a quarter. As a result, those that are not
issued a permit closely monitor the permit holders and advise the Code Office of non-use,
sale of unapproved items, etc.
POTENTIAL OPTIONS
In reviewing the current processes and associated costs, it is clear that the manner to
reduce the time expended in supporting the program is to eliminate some of these
processes. However, in discussions with staff, as well as the City Attorney's office, it is
recommended that this be accomplished in concert with adjustments to the current program.
Specifically, the following is recommended:
Increase the number of available permits, thus providing an opportunity for a greater
number of vendorslperformers to obtain a permit.
This option can be accomplished with an amendment to the ordinance, as follows:
^ Add new locations: Two options for new locations have been discussed by staff. One
option includes locations on the 200 and 300 block of Lincoln Road. This would not
only increase the number of available permit locations, but would address an
unintended consequence from the current ordinance that has allowed certified
vendors to set up in a certain area of these two blocks that fall outside of the
regulated areas in the ordinance. The end result has been a concentration of
vendors in one area, prompting concerns about access and pedestrian flow, and
resulting in complaints from merchants as a result. A review of the area, including
the northern sidewalk, has indicated that as many as thirteen (13) permit locations
could be accommodated in these two blocks with sufficient separation and de-
concentration. We are not recommending the addition of that many locations at this
time; we are bringing our final recommendation to the Neighborhoods Committee for
discussion. In addition, we have reviewed the newly completed Beachwalk entrances
at 21"and 22"d street and believe that a maximum of two locations at each entrance
to the Beachwalk could be accommodated with minimal impact.
^ Split available permits: If permit locations in premium locations such as Lincoln
Road, Ocean Drive (from 5`h to 14~') and perhaps the Lincoln Road Beachwalk were
identified as locations where only three-day and four-day permits are available, this
would also increase the number of permits available via the lottery.
We believe that one or both of these measures will reduce the need to manage an altemate
list, as more permits would be issued.
Change the process to deal with absences on the day of the lottery:
As previously explained, a supplemental lottery is held for any vendors/performers not
present the day of the lottery. We would recommend requiring vendors/performers to be
present the day of the lottery or, in the alternative: a) allow for the use of proxies to select in
their absence when their name is selected; or b) randomly assign locations to absent
vendors at the end of the lottery.
Eliminate the alternate list; do not make subsequent assignments after the day of the
lottery as a result of surrendered permits or revocations:
If we are able to increase the number of permits issued, it is possible that only a very limited
NCAC 11-12-2009 Page 31
number of persons would remain without a permit location for a quarter. They can apply for a
permit in the subsequent quarter.
Eliminate the daily attendance monitoring:
The attendance monitoring has been necessary to identify underutilization of permit
locations to be able to re-assign these locations to applicants on the alternate list -
especially as the alternate fist has typically been rather long. Again, 'rfthere are an increased
number of permits available, then once a permit location is assigned via the lottery process,
whether or not the vendor or pertormer attends would be an issue for the vendor/performer.
The only impacted vendors/performers would be those that do not get an assigned permitfor
that quarter. Again, if additional permits are available as previously described, the number of
affected vendorslartists without a permit location would be substantially smaller. This
element of the permit process has been the most time consuming and costly (2190 hours,
$137,444).
IMPACT OF IMPLEMENTATION OF OPTIONS ON FEE
The attached matrix (Attachment B) reflects the reduced costs associated with the program
if these options above were adopted and the ordinance and/or administrative guidelines
were amended accordingly. As noted, the costs associated with the lottery and permit
processing would drop from $783 a quarter to $192 a quarter. As also noted, in both
Attachment A and Attachment B we have broken down the costs as they relate to activities
necessary to apply for a permit, and those activities necessary to process permits for
persons selected via the lottery. As some of the costs are unique only to persons selected
for a permit, we would recommend that all applicants for a permit pay the "Application Fee,"
and only those applicants selected and issued a permit pay the additional costs ("Permit
Processing Fee"). As indicated, the total new amount for an applicant that is issued a permit
would be $192, increased from the current $15, should the proposed options be
implemented. If not changes were implemented, the costs associated with applying would be
more than $150, with those applicants selected having to pay an additional $631 to process
their permits.
NOTE: The cost for artist vendors/street performers is higher than the non-profit vendors
due to the volume ofapplicants and numberof permits issued in fhis program, as compared
to the non profit vendor program (oniy five permits issued).
CONCLUSION
The current Artist VendodStreet Performer ordinance allows fees to be set administratively.
The recent review of the costs associated with managing the applications and processing of
permits for artist vendors/street performers indicates that current processes create costs that
are high and would be an issue for most vendorslperformers to pay to cover. The proposed
changes to the process would streamline the program, and provide for an application and
permit processing fee that is sufficient to cover our costs, while representing a reasonable
amount for potential applicants -thus providing opportunities for artist vendors/street
performers to engage in this activity in our community.
It is recommended that the proposed amendment to the ordinance relating to additional
locations be discussed at the next Neighborhoods Committee meeting. Direction on the
proposed changes to the process is recommended at this time. However, we would strorigly
recommend that these changes be initiated concurrent with the addition of locations.
F:lcmgr\5ALL1HFernandez\Code Compilance\Vendors and Performerslproposedfees memoforFCWP cmmttee 102909.doc
NCAC 11-12-2009 Page 32
ATTACHMENTA
CURRENT PROCESS/COSTS
Current Artist Vendor / StreetPerformer Processes by Fi nance Department
Quarterly
Annual Annual Cost
(blended rate of
Activity Hours Hours $g0.00)
Process, review and input each of the 300 Street
Performer and Artist Vendor lottery applications
annually. This time includes customer and staff 25 100 9,000.00
interactions, as well as, the review for compliance and
lectronic filin of the a lication,
Preparing for lottery (twa staff members spend sixteen
hours each, every quarter preparing for the Street 32 128 11,520.00
Performer and Artist Vendor lotte
Staff lottery (two staff members x four hours each g 32 2,880.00
uarter .
Responding to phone and email inquiries regarding the
lottery, updating lottery information on the City web 8 32 2,880.0
ae
SUBTOTAL
292
$26,280.00
Current Artist Vendor /Street Performer Processes by Code Compliance uivision
Quarterly Annual Annual Cost
(blended rate
Activity Hours Hours of $62.76)
ID Artist Vendor/Street Performer locations, 4 16 1,004.16
reate/u date ma s
Staffing Lottery (4 employees X 4 hours each quarter) 16 64 4,016.64
taffing Supplemental Lottery (3 employees X 1 hour 3 12 753.12
ach uarter
Creating permits, issuing permits, managing alternate
list, reissuing permits, maintaining attendance logs,
revoking permits for attendance and reissuing permits 260 1040 65,270.40
per order on list, tracking violations, responding to
inquiries from participants. (Average 4 hours per day X
da s e~ week
Daily Artist Counts (2 times each day, 3 hours each 2190 137,444.40
count = 6 hours er da X 365 da s
SUBTOTAL 3322 $208,488.7
TOTA! 3614 $234,768.72
COST PER QUARTER
COST TO APPLY FOR LOTTERY ($78.00 + 73.64)
COST TO PROCESS PERMIT ($9.60 + $621.32)
$151.64
$630.92
NCAC 11-12-2009 Page 33
ATTACHMENT B
PROPOSED PROCESS/COSTS
Proposed Artist Vendor /Street Performer Processes by Finance Department
Quarterly
Annual Annual Cost
blended rate of
(
Activity Hours Hours $90.00)
Process, review and input each of the 300 Street
~ertormer and Artist Vendor lottery applications
nnually. This time includes customer and staff 25 100 9,000.0
interactions, as well as, the review for compliance and
electronic filin of the a lication.
Staff lottery (one staff members x four hours each 4 16 1.440.0
uarter.
update lottery information on the City web page 1 4 360.0
SUBTOTA 120 $10,800.0
Proposed Artist Vendor /Street Performer Processes by Code Compliance Division
Quarterly Annual Annual Cost
(blended rate
Activity Hours Nours of $62.76)
ID Artist Vendor/Street Performer locations, 4 16 1,004.16
create/u date ma s
Staffing lottery (4 employees X 4 hours each quarter) 16 64 4,016.64
Creating permits (15 min each permit, assuming the 25 100 6,276.00
avers a of 100 ermits each uarter
Issuing permits 30 min each permit, (assuming 100
permits, includes reviewing location, requirements, 50 200 12,552.00
ordinance, answerin uestions
ddressing inquiries and complaints (1 hour per day X 65 260' 16,317.60
5 days per week)
racking violations (2 hours per week) 26 104 6,527.04
SUBTOTA 744 $46,693.4
TOTAL 864 $57,493.44
COST PER QUARTER $192.00
COST TO APPLY FOR LOTTERY (36.00 + 71.13) $107.13
COST TO PROCESS PERMIT ($0 + 84.50) $ 84.50
NCAC 11-12-2009 Page 34