2002-3366 ORD
ORDINANCE NO.: 2002-3366
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF MIAMI
BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE,
CHAPTER 18, "BUSINESSES," ARTICLE XV, "STREET PERFORMERS
AND ART VENDORS," SECTION 18-902, "PERMIT REQUIRED," TO
CLARIFY WHEN PERMITS ARE REQUIRED, AND THE APPLICABILITY
OF ANY OTHER CITY ORDINANCES; SECTION 18-903, "PERMIT
APPLICATION," TO CHANGE THE APPLICATION PROCESSING FEE
TO A PERMIT FEE, ALLOW PERFORMING AND VENDING GROUPS TO
OBTAIN A SINGLE PERMIT, AND PERMIT JOINT USE OF DESIGNATED
LOCATIONS BY STREET PERFORMERS AND VENDORS; SECTION 18-
904, "AREAS RESERVED FOR STREET PERFORMANCES AND ART
VENDING," TO ALLOW FOR JOINT USE OF SITES BY STREET
PERFORMERS AND VENDORS, AND ADDING ADDITIONAL
LOCATIONS FOR SUCH PERFORMANCES AND VENDING; SECTION 18-
905, "PERMIT RULES AND REQUIREMENTS," TO CLARIFY CERTAIN
RULES, AND PROHIBIT PUSH CARTS AND MOBILE DISPLAYS, AND
SECTION 18-906, "HOURS OF OPERATION," TO EXTEND EXPANDED
HOURS OF OPERATION FOR ALL LOCATIONS, AND CLARIFY
REQUIREMENTS FOR REMOVAL OF ITEMS FROM DESIGNATED
LOCATIONS; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Miami Beach has authorized artistic street
performances and limited street vending of art on Ocean Drive and Lincoln Road, to enhance the
charl;lcter of the City and enliven public spaces; and
WHEREAS, the City Commission upon the recommendation ofthe Administration and the
City Attorney seeks to amend certain provisions of the ordinance to expand opportunities for
performance and vending participation and activity, by amending the processing fee to a permit fee,
adding an additional lottery for street performers, and additional locations for such performances and
vending, and clarifying the requirements for removal of items from the designated locations, among
other things; and
WHEREAS, the following ordinance accomplishes the purposes set forth above.
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 18, Article vm, Section 18-902, Miami Beach City Code, is hereby
amended as follows:
18-902. Permit Required.
It shall be unlawful for any person to engage in any street performance or art vending on
public property, from a fixed location, 01 fOI thc pmposc of solicitins donations or contribt1tions,
without first obtaining a permit as required by this Article. This ordinance does not alter or interfere
with the applicability and/or enforcement of any other provisions of the City Code. including but not
limited to. GonGcllling vcnding 01 peddling, including sections 70-4, 70-41, 74-1,82-1, 142-894(a),
and 142-1361 concerning vending and peddling.
SECTION 2. Chapter 18, Article vm, Section 18-903, Miami Beach City Code, is hereby
amended as follows:
18-903. Permit Application.
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(2) The city may charge an application ploG~ssing a permit fee in the amount set
from time to time by the city commission by resolution.
(3) Each membcr of a A group of up to four performers who perform, or vendors
who vend, together shall bc r cqnn ed to may obtain an indi v idttal a group permit. Each member of
a group of vendors vending together must have participated in the creation ofthe article to be sold.
No group performances or vending shall be allowed unless specifically authorized by permit.
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SECTION 3. Chapter 18, Article vrn, Section 18-904, "Areas Reserved for Street
Performances and Art Vending," Miami Beach City Code, is hereby amended as follows:
Sec. 18-904. Areas reserved for street performances and art vending.
(a) Street performances and art vending shall only be conducted in designated or permitted
areas. The performance and vending areas shall be assigned for up to each three month period based
on availability. Assignments will be made by the occupational licensing office on the first Monday
morning of each quarter (January, April, July and October) from 10:00 a.m. to 12:00 p.m.
(b) If the number of requests for street performance and vending IkcnsGs permits exceeds
the number of availabk locations available, the avaHabIG locations will be assigned for up to the
three-month period, by a lottery run by the occupational licensing office, or other office designated
by the city manager. The occupational licensing office shall implement a procedure for the
reassignment of any permits voluntarily surrendered or involuntarilv suspended or revoked.
(c) If the area reserved or assigned for a street performance or art 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 eCity Manager or designee may temporarily or permanently
relocate the permittee to a different area or areas or temporarily suspend (if no alternative is
available) the street performance or vending activity.
(d) The permitted performance or vending area shall not exceed 25 square feet of space...
except in the case of a group permit where additional space may be allowed as appropriate to the
location and specified in the permit.
(e) A maximum of onG One vendor permit andfor one performer permit _shall bG PGll11ittcd
at m:ry one shall be assigned to each designated location. Up to tIne'- pGlfolrnclS, ifp'-lforming ~'a
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gtonp, ma, be permitted at a location. The administration shall assign performers and vendors to
locations through two separate lotteries. one for street performers and one for vendors.
(f) The following locations shall be available for street performances or and street
vending, only as assigned pursuant to a permit or official lottery, pursuant to this section, except as
otherwise regulated in this article. and subiect to the relocation provisions of subsection (c) above:
(1) In front of 421 Lincoln Road from the centerline of Lincoln Road extending
north and south 10 feet, excluding landscaped areas or water features, centered 10 feet east of the
light pole;
(2) In front of the Lincoln Theater, from the centerline of Lincoln Road extending
north 20 feet, bordered on the west by the light pole west of the entrance to 541 Lincoln Road, and
on the east by the planter in front of the entrance to 541 Lincoln Road;
(3) In front of 600 Lincoln Road, extending 10 feet north and south qf the
centerline of Lincoln Road, bordered on the east by the right-of-way line of Pennsylvania Avenue,
and on the west by the landscaped area 25 feet from the curb;
(4) In front of 1008 Lincoln Road, under the shade structures, extending 20 feet
north of the centerline of Lincoln Road;
(5) In front of 1035 Lincoln Road, under the shade structures, extending 20 feet
north of the centerline of Lincoln Road;
(6) The east side of Ocean Drive and Sixth Street, 25 feet from the curb, on the
ocean access sidewalk;
(7) The east side of Ocean Drive and Eighth Street, 25 feet from the curb, on the
ocean access sidewalk; and
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(8) The east side of Ocean Drive and Twelfth Street, 25 feet from the curb, on the
ocean access sidewalk:' ~
(9) Normandy Fountain Green Space - two paired locations (meaning one
performer and one vendor each) on the east side of Rue Vendome:
(10) Ocean Terrace - three paired locations on the east side of the street. from 73rd
to 75th Streets: and
(11) Liebman Park - Pinetree Drive and 41 st Street - two paired locations north of
the fountain.
(g) Additional nondesignated locations may be ap.proved by the City Manager. or his
designee. following an application for a permit to perform or vend. as provided in this section. at a
particular location not designated in this section. according to the following criteria. however. no
additional permits shall be issued under this subsection (g) on Lincoln Road. between Washington
Avenue and Lennox Avenue. or on the west side of Ocean Drive:
(1) An application for a nondesignated location under this subsection. in addition to
all items required under section 18-903. shall include a drawing of the location proposed and area
to be used for performance or vending:
(2) Proposed locations for street performance or art vending:
a. cannot impede pedestrian traffic:
b. must maintain a clear pedestrian path of five feet: and
c. cannot impede access to adioining businesses or uses.
(3) Performers and vendors receiving permits for nondesi~ated locations must
comply with all other regulations in this Article applicable to performances or vendors.
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(4) The City shall provide seven days written notice to businesses or uses adj acent
to the proposed location for input before the Manager's decision is rendered~
(5) The Manager's decision on the ap,plication shall be made within fourteen days
of the filing of an application. or the application is deemed granted.
(6) If the application is complete. and the above criteria are satisfied. the proposed
location shall be approved.
(7) South Beach. Middle Beach. and North Beach shall respectively be allotted no
more than15 permits each for nondesignated locations.
SECTION 4. Chapter 18, Article vrn, Section 18-905, "Permit Rules and Requirements,"
Miami Beach City Code, is hereby amended as follows:
18-905. Permit Rules and Requirements.
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(5) A performer or vender may request contributions, donations, money, or property
at a performance, as appropriate to the acti v n,. Performers or vendors may offer for sale their own
art, provided that the display of the art is contained within the performance or vending area.
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(13) Items available for sale through art vending must be displayed on a table with
no more than15 square feet of surface area. Alternatively, uniform display tables or carts, of a
specific design, may be required by the city manager or the manager's designee, consistent with the
design or historic preservation guidelines applicable to the location of the street vending permitted.
No items available for sale may be laid on the floor, ground, sidewalk, ground level or raised
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landscape area, step, or other fixed public improvement. No lounge chairs may be used. Push carts
and mobile display racks are not permitted.
SECTION 5. Chapter 18, Article vm, Section 18-906, "Hours of Operation," Miami Beach
City Code, is hereby amended as follows:
18-906. Hours of Operation.
Street performances and art vending are permitted during daylight hours only, and under no
circumstances earlier than 8:00 a.m., except that street performances and art vending are permitted
during the additional hours of 6:00 p.m. to midnight, Friday, Saturday and Sunday, on aU LinGolll
R\,)M 10Gation~ dc~igllatcd in~GGtion 18-903. All tables, carts, displays, signs and inventory used
shall be removed no later than 30 minutes after mmset the permitted time period.
SECTION 6. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 7. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 8. CODIFICATION.
It is 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 part of the Code of
the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section" or
other appropriate word.
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SECTION 9. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 8th
ATTEST:
~r etMc!JA
CITY CLERK.
APPROVED AS TO
FORM & LANGUAGE
& F R EXECUTION
"
s- CJ -c/2-
Date
Ordinance No. 2002-3366
F:\ATIO\HELG\Ordinances\StreetPerV en\Amendmentl\NewAmendment. wpd
8
,2002.
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
to
Condensed Title:
An Ordinance amending the Street Performers and Art Vendors Ordinance to change the application fee to
a permit fee, to allow group permits, to permit the joint use of designated locations by vendors and
performers, to allow additional sites for vendors and performers and to standardize hours of operation,
together with procedural changes.
Issue:
Shall the Commission adopt an Ordinance which amends the existing Street Performers and Art Vendors
Ordinance providing for greater opportunities for street performers, amending the fee and assigning
additional locations throughout the City?
Item Summary/Recommendation:
Subsequent to the enactment of an Ordinance to regulate street performers and art vendors, the
Commission and Administration have received a number of questions and concems regarding provisions of
the Ordinance, The Land Use and Development Committee has reviewed this Ordinance several times
and has recommended to the full Commission a series of changes in the original Ordinance that would
address many of the issues raised by individual vendors and performers, as well as recently raised
concerns by the AcLU. The Ordinance will generally provide for greater opportunities for street
performers, will expand the locations and hours available to both vendors and performers and make certain
other procedural enhancements to clarify and simplify the process available for street performers and art
vendors. At the request of the Commission, language to allow more flexibility in assigning vendor and
performer locations has also been added. Approval on second reading is recommended.
Advisory Board Recommendation:
At the April 1st Land Use and Development Committee, the Committee recommended approval of the
Street Performers and Art Vendors Ordinance revisions. April 10th City Commission approval, with
amendments, of first reading.
Financial Information:
Amount to be expended:
D
Finance Dept.
Source of
Funds:
AGENDA ITEM RSD
DATE 5-~"Qd....
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.f1.us
CITY OF MIAMI BEACH
To:
From:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~.. A/
City Manager 0 ,y"" 0
Date: May 8, 2002
SECOND READING
PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF MIAMI
BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE,
CHAPTER 18, "BUSINESSES," ARTICLE XV, "STREET PERFORMERS
AND ART VENDORS," SECTION 18-902, "PERMIT REQUIRED," TO
CLARIFY WHEN PERMITS ARE REQUIRED, AND THE APPLICABILITY
OF ANY OTHER CITY ORDINANCES; SECTION 18-903, "PERMIT
APPLICATION," TO CHANGE THE APPLICATION PROCESSING FEE TO
A PERMIT FEE, ALLOW PERFORMING AND VENDING GROUPS TO
OBTAIN A SINGLE PERMIT, AND PERMIT JOINT USE OF DESIGNATED
LOCATIONS BY STREET PERFORMERS AND VENDORS; SECTION 18-
904, "AREAS RESERVED FOR STREET PERFORMANCES AND ART
VENDING," TO ALLOW FOR JOINT USE OF SITES BY STREET
PERFORMERS AND VENDORS, AND ADDING ADDITIONAL LOCATIONS
FOR SUCH PERFORMANCES AND VENDING; SECTION 18-905,
"PERMIT RULES AND REQUIREMENTS," TO CLARIFY CERTAIN
RULES, AND PROHIBIT PUSH CARTS AND MOBILE DISPLAYS, AND
SECTION 18-906, "HOURS OF OPERATION," TO EXTEND EXPANDED
HOURS OF OPERATION FOR ALL LOCATIONS, AND CLARIFY
REQUIRE.MENTS FOR REMOVAL OF ITEMS FROM DESIGNATED
LOCATIONS; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Subject:
Adopt the Ordinance on Second Reading, Public Hearing.
ANALYSIS
Subsequent to the City Commission adoption of an Ordinance to regulate street performers
and art vendors, the City Commission and Administration desired to increase opportunities
for street performers on Lincoln Road. Further, the ACLU and representatives of street
performers have also contacted and met with City representatives on their concerns with
the Ordinance, While the adopted Ordinance properly regulated the time, place and
manner of the vendors and street performers' activities on Ocean Drive and Lincoln Road,
the random lottery selection process allocating available spaces resulted in less than
Commission Memorandum
Street Peformers May 8, 2002
Page 2
intended performer opportunities. Thus, modifications to the selection process and
alternatives to the selected locations, among other changes to the Ordinance, are being
considered.
The Land Use and Development Committee has considered the issue twice since the
Commission's approval of the original Ordinance regulating the vendors and performers.
During the Committee's discussions, a number of possible methods to increase the number
of performers were considered. The Committee last reviewed the matter on April 1 , 2002,
following an additional referral from the City Commission, and recommended some
additional changes to the Ordinance that are incorporated in the proposed amendment,
concerning additional locations and hours of operation. The Land Use and Development
Committee also requested that flexibility be provided in addressing the locational issues,
which were offered and accepted by the Commission at first reading of the Ordinance.
The principal provisions of the Ordinance amendments are as follows:
. Allow up to three vendors or performers who work together to obtain a permit, as
a group rather than each have to obtain a permit.
. Allow occupational licensing to create procedures to reallocate a lottery spot that
has been voluntarily surrendered or involuntarily suspended or revoked.
. Permit each designated location to have both a vendor and a performer through
the conduct of a separate lottery.
. Change the fee payable at the time of application to participate in the lottery to
payable after selection at time of permitting.
. Add additional locations at Liebman Park, Normandy Fountain Green Space and
Ocean Terrace.
. Allow the expanded hours Friday, Saturday and Sunday nights to extend to all
permitted performer and vendor locations.
. Adds language to give authority to the City Manager to grant up to 15 permits,
which include roving performers, in South, Mid and North Beach consistent with
certain specified criteria.
. Adds flexibility to move established locations on Ocean Drive and Lincoln Road
to address compatibility within the total number of sites allowed.
Commission Memorandum
Street Performers
May 8, 2002
Page 3
The Ordinance as drafted will add performers to the five locations that are already
designated in the original Ordinance on Lincoln Road, as well as the seven additional
locations (the total number of paired locations at the three new sites). The new language
giving the City Manager added permitting authority provides further opportunities
throughout the entire City. Approval of the Ordinance on second reading is recommended,
JMG/RCM/GH/sam
Streetperfonner050802.doc