2003-25402 Reso
RESOLUTION NO. 2003-25102
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING
FOR, AND REFERRING TO LAND USE AND DEVELOPMENT
COMMITTEE, AN APPLICATION TO APPROVE THE MIAMI BEACH
CONVENTION CENTER AS A LOCATION FOR CONVENTIONS,
EXPOSITIONS OR EVENTS INVOLVING ADULT MATERIALS,
PURSUANT TO THE PROVISIONS OF SECTION 847.0134, FLORIDA
STATUTES.
WHEREAS, Consolidated Management Associates Corporation, has requested the
Convention Center management to approve holding the Gay Erotic Expo at the Convention Center;
and
WHEREAS, such event will involve vendors and exhibitors demonstrating and selling their
products, including adult entertainment films, magazines, personal care products, leather and other
clothing, and adult novelty items; and
WHEREAS, a determination was made that due to the nature of the Gay Erotic Expo, it
would fall under the adopted Florida Statute that prohibits the location of an adult entertainment
establishment within 2,500 feet of a school, unless approved by the municipality in accordance with
the process prescribed in the statute; and
WHEREAS, the approval of this location would allow the Convention Center to entertain
similar requests in the future, as the approval under consideration is for the location and not the
exposition; and
WHEREAS, Section 847.0134, Florida Statutes, states that an adult entertainment
establishment that sells, rents, loans, distributes, transmits, shows, or exhibits adult materials,
may not be located within 2,500 feet of the real property that comprises a public or private
elementary school, middle school, or secondary school unless the county or municipality
approves the location under proceedings as provided in section 166.041 (3)(c), Florida Statutes,
which requires the local governing body to hold two advertised public hearings on the proposed
ordinance and at least one hearing shall be held after 5 p.m.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT the application is referred
for consideration to the Land Use and Development Committee, and a First Reading Public
Hearing is hereby set to be held on the above request before the City Commission on
December 10, 2003.
PASSED AND ADOPTED THIS
25th
day of
n:~ r~
CITY CLERK
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
A1f . ; . & FOR EXECUTION
~ I {- (rtJ]
City rney?-#- Date
F:\PLAN\$PLB\drafl ordinances\1637 - GayExpo reso set pblc hrg_rev_doc
CITY OF MI~MI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
A Resolution setting a public hearing to consider approving The Miami Beach Convention Center for
conventions, expositions or events involving adult materials, and referring the matter to the Land Use and
Development Committee_
Issue:
Should the City Commission approve the Miami Beach Convention Center as a location to hold events
involving adult materials?
Item Summary/Recommendation:
The provisions of s. 847.0134, Florida Statutes prohibits adult entertainment establishments that display,
sell, or distribute materials harmful to minors within 2,500 feet of the real property that comprises a public
or private elementary school, middle school, or secondary school, however, municipalities may approve the
location under proceedings as provided in s. 166.041(3)(c).
The Administration recommends that the City Commission set a first reading public hearing for a time
certain on December 10, 2003, and refer the matter to the Land Use and Development Committee.
Adviso Board Recommendation:
The Planning Board heard this matter at a public hearing on October 28, 2003. The Board voted 5-0 (2
members absent to recommend to the Ci commission a roval of this re uesl.
Financial Information:
Source of
Funds:
D
Finance Depl.
Ci Clerk's Office Le islative Trackin :
Mercy Lamazares/Jorge G. Gomez, Planning Department
T:\AGENDA\2003\nov2503\consentl1637 - Conv CIr approval sum.doc
AGENDA ITEM C7.I
DATE /j-JS"...o3
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: November 25,2003
From:
Jorge M. Gonzalez ~ .
City Manager O~
Setting of the Public Hearing and Referral to Land Use and Development Committee-
Approval of the Miami Beach Convention Center for Conventions, Expositions or
Events Involving Adult Materials.
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO
CONSIDER APPROVING THE MIAMI BEACH CONVENTION CENTER AS
THE LOCATION FOR CONVENTIONS, EXPOSITIONS OR EVENTS
INVOLVING ADULT MATERIALS, PURSUANT TO THE PROVISIONS OF
F.S. 847.0134, AND REFERRING THE MATTER TO THE LAND USE AND
DEVELOPMENT COMMITTEE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission set a first reading public
hearing for a time certain on December 10, 2003, and refer the matter to the Land Use
and Development Committee.
BACKGROUND
The Convention Center is a venue that is located within 2,500 feet of Miami Beach Senior
High School and pursuant to the provisions of s. 847.0134, Florida Statutes, which
prohibits adult entertainment establishments that display, sell, or distribute materials
harmful to minors within 2,500 feet of the real property that comprises a public or private
elementary school, middle school, or secondary school, requires that the municipality
approve the location under proceedings as provided in s. 166.041(3)(c).
The process specified in s. 166.041(3)(c) is the same procedure as for a zoning map
change. This process requires two public hearings before the City of Miami Beach City
Commission and a recommendation from the Planning Board, also under the public
hearing process.
Commission Memorandum - Setting of the Public Hearing and Referral to Land Use and Development
Committee Approval of the Miami Beach Convention Center for
Conventions, Expositions or Events Involving Adult Materials.
November 25, 2003 Page 2
.~~
51 AFF ANAL Y515
Consolidated Management
Associates Corporation, the
applicant of this request,
approached the Convention
Center management requesting
information with regard to locating
the Gay Erotic Expo at the
Convention Center. The City
Attorney's office was contacted
and a meeting was set up with
Planning staff to determine what
the process would be with regard
to the City Code and its Land
Development Regulations. At
that time a determination was
made that due to the nature of the
Expo, it would fall under the
adopted Florida Statute that
prohibits the location of an adult
entertainment establishment
within 2,500 feet of a school,
unless approved by the
municipality in accordance with
the process prescribed in the
statute.
The Gay Erotic Expo is a consumer expo targeted to the gay and lesbian community. The
Expo is proposed to be held in Hall C of the Miami Beach Convention Center at 1700
Convention Center Drive on June 5 and 6, 2004 and yearly thereafter. The hours of the
event will be approximately from noon to 7 p.m. both days. Vendors and exhibitors will be
demonstrating and selling their products, including adult entertainment films, magazines,
personal care products, leather and other clothing, and adult novelty items. Free space will
be provided to local non-profit gay and lesbian community groups and AIDS groups so that
they can promote themselves to the gay and lesbian community. The event will have a
ticket price of approximately $15, and no one under 21 will be admitted. The Gay Erotic
Expo has been held previously at the Los Angeles Convention Center, and at Webster Hall
in New York.
Commission Memorandum - Setting of the Public Hearing and Referral to Land Use and Development
Committee Approval of the Miami Beach Convention Center for
Conventions, Expositions or Events Involving Adult Materials.
November 25, 2003 Page 3
In 2001 the Florida Legislature approved an amendment to Chapter 847, "Obscenity,"
which under s. 847.0134 reads:
(1) Except for those establishments that are legally operating or have been
granted a permit from a local government to operate as adult entertainment
establishments on or before July 1, 2001, an adult entertainment
establishment that sells, rents, loans, distributes, transmits, shows, or
exhibits any obscene material, as described in s. 847.0133, an adult
entertainment establishment that sells, rents, loans, distributes, transmits,
shows, or exhibits in whole or in part, depicts nudity, sexual conduct, sexual
excitement, sexual battery, sexual bestiality, or sadomasochistic abuse and
that is harmful to minors, as described in s. 847.001, may not be located
within 2,500 feet of the real property that comprises a public or private
elementary school, middle school, or secondary school unless the county or
municipality approves the location under proceedings as provided in s.
125.66(4) for counties or s. 166.041 (3)(c) for municipalities.
(2) A violation of this section constitutes a felony of the third degree,
punishable as provided in s. 775.082 or s. 775.083.
Section 166.041(3)(c) F.S. refers to the process by which a municipality must
conduct a review for a zoning map change.
The approval of the Convention Center location would allow the Convention Center to
entertain similar requests in the future as the approval under consideration is for the
location and not the exposition. As part of the process, staff requested that legal notice be
mailed to neighborhoods surrounding the Convention Center, including property owners
facing Meridian Avenue, Washington Avenue, Lincoln Road and Dade Boulevard, including
the Miami Dade County School Board, some of which are farther than the required radius
of 375 feet.
This application is the first one for review since the Florida Legislature amended Chapter
847 F.S., thus, this is a process with no prior guidelines or criteria established. As a venue
that may hold these kinds of productions in the future, staff is not overly concerned with the
location. As a minor concern, it should be noted that although the Convention Center is
separated by Washington Avenue from a residential district to the east; by the Collins
Canal and Dade Boulevard from a residential district and Miami Beach High School to the
north, and the residential area west of Meridian Avenue, it is a very large venue which as
part of the approval, can be requested to contain inside any adult production. It is also
suggested that any adult production have an age restriction of 21-and-over only admission.
Commission Memorandum - Setting of the Public Hearing and Referral to Land Use and Development
Committee Approval of the Miami Beach Convention Center for
Conventions, Expositions or Events Involving Adult Materials.
November 25, 2003 Page 4
PLANNING BOARD ACTION
The Planning Board heard this matter at a public hearing on October 28, 2003 and voted
5-0 (two members absent) to recommend that the City Commission approve the location
of the Convention Center to permit this type event, but with the following limitations:
1. Each application for conventions, expositions or events involving adult materials
shall come before the Planning Board for review to discuss the actual programming
under the procedure set by State Statutes;
2. The hours of operation for this type of event at the Convention Center shall be no
earlier than 9 a.m. and no later than 2 a.m.;
3. No one under 21 years of age shall be admitted to these types of events.
CONCLUSION
It is recommended that this resolution be referred to the Land Use and Development
Committee to discuss whether to accept the recommendation of the Planning Board. In
the alternative, the City Commission may approve the location of the Convention Center
as a venue to hold events that involve adult materials.
The procedure set forth in 166.041 (3)(c) F.S. refers to the process by which a municipality
may approve the location under certain proceedings. This procedure requires that the City
Commission hold two advertised public hearings. At least one hearing shall be held after
5:00 p.m. The first public hearing shall be held at least seven days after the day that the
first advertisement is published. The second public hearing shall be held at least ten days
after the first hearing and shall be advertised at least five days prior to the public hearing.
Immediately following the public hearing at the second reading, the city commission may
adopt the ordinance by an affirmative vote of five-sevenths of all members of the city
commission.
JMG/C~GG IML
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