2007-3557 Ordinance
2007-3557
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 18 ENTITLED "BUSINESSES" BY REPEALING
ARTICLE XV THEREOF ENTITLED "STREET PERFORMERS AND
ART VENDORS," AND REPLACING THEREWITH A NEW ARTICLE XV
ENTITLED "STREET PERFORMERS AND ARTIST VENDORS,"
AUTHORIZING STREET PERFORMERS AND ARTIST VENDORS ON
"LINCOLN ROAD" (AS DEFINED HEREIN) FOLLOWING RECEIPT OF
A PERMIT SUBJECT TO CERTAIN CONDITIONS AND PERMIT FEES;
PROVIDING DEFINITIONS, SETTING FORTH TERMS, CONDITIONS
AND REGULATIONS FOR PERMITS ISSUED TO STREET
PERFORMERS AND ARTIST VENDORS; PROVIDING FOR
ENFORCEMENT, SUSPENSION OR REVOCATION; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 18 entitled: "Businesses" is hereby
amended by repealing Article XV thereof entitled "Street Performers and Art Vendors,"
and replacing therein the following new Article XV, Chapter 18 Miami Beach City Code
entitled "Street Performers and Artist Vendors" to read as follows:
ARTICLE XV. STREET PERFORMERS AND ARTIST VENDORS
Sec. 18-901. Definitions.
Art means paintinq, photoqraphy. sculptinq, sketchinq 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 Vendina and Street Performance Artist Zone is defined as a sidewalk area
which has been selected and identified by the City Manaqer or desiqnee as the specific
artist vendor/street performance artist area at which all artist vendinq/street
performance art in the Lincoln Road Area shall occur by a specific permittee.
Artist means one who enqaqes in an activity defined to be art by this Article.
Lincoln Road Area is defined as all public riqhts-of-way within that area bounded on
the east by the west side of Washinqton Avenue, on the west side by the east side of
Alton Road and on the north by the south side of Lincoln Lane North and the south by
the north side of Lincoln Lane South.
Offense shall mean either an uncontested notice of violation issued by a code
compliance officer or a findinq of violation by a special master.
Permittee means a person who has obtained a permit pursuant to this article.
Riaht-of-wav is defined as land dedicated, deeded. used or to be used for a street,
alley, walkway, boulevard, drainaqe facility. access for inqress or eqress, or other
purpose by the public. certain desiqnated individuals of qoverninq bodies.
Street as used herein includes any primary accessway such as a street. road, lane,
hiqhway, avenue, boulevard, or cul-de-sac and also includes all of the land Iyinq
between the riqht-of-way lines as delineated on a plat showinq such streets, whether
improved or unimproved.
Street performance includes the followinq activities: actinq, sinqinq, playinq musical
instruments, pantomime, iuqqlinq. maqic, dancinq, and puppetry on public property.
Street Performance artists means persons who enqaqe in street performance
activities to offer entertainment or special demonstrations (often outlandish or unique)
for those around them. often standinq in areas accessible to pedestrians and public
riqhts-of-way,
Street vendina of art or artist vendina as used herein, includes the display, creation
and/or sale on public property of art by a permittee. Street vendinq of art shall be limited
to art created by the permittee.
Sec. 18-902. Intent of Article.
The intent of this article is to requlate street performances and artist vendinq protected
by the First Amendment to the United States Constitution on the public riqht-of-way in
the Lincoln Road Area.
Sec. 18-903. Permit required.
It shall be unlawful for any person to enqaqe in any street performance or artist vendinq
on public property in the Lincoln Road Area without first obtaininq a permit as required
by this article. This section does not alter or interfere with the applicability and/or
enforcement of any other provisions of this Code, includinq but not limited to, sections
70-4,70-41,74-1.82-1, 142-894(a), and 142-1361 concerninq vendinq and peddlinq.
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Sec. 18-904. Permit application.
No artist vendinq or street performance on Lincoln Road shall be allowed unless
specifically authorized by a permit. Applications for a street performance artist or artist
vendinq permit shall be made at the city occupational Iicensinq office, and shall be
subiect to the review and approval of that office, or such other office desiqnated by the
city manaqer for such purposes.
1. Only those applications on city forms will be accepted. If the application form is
complete and consistent with this Article. the applicant aqrees to abide by the
terms of this Article. and the application fee is paid, the application will be
approved, unless the applicant's permit has previously been revoked or
suspended, and the applicant has evidenced a failure to conform to the rules and
requirements herein.
2. The applicant shall provide a declaration under penalty of periury that the art for
which the applicant seeks a permit to sell is of his or her own creation, and that
the applicant neither employs other persons to produce, nor is employed by
another person to produce, the art item for which he seeks certification.
a. In consideration of the application, the occupational license office. or other
office or committee that the city manaqer desiqnates, shall examine
representative samples of the applicant's work for the purposes of
verifyinq the information set forth in the application. After such
examination, and for the purposes of further investiqation, the
occupational license office, or other desiqnated office or committee, may
1) request documentation from the applicant. includinq but not limited to
receipts for the purchase of arts or crafts or other supplies used to create
the art for which the applicant seeks a permit to sell; and/or 2) desiqnate
one or more of its members to visit the studio or workshop of the applicant
to view the applicant's facilities and to further verify that the art for which
the applicant submits certification is of his or her own creation.
b. Only art for which a declaration is made and/or certification submitted may
be sold in coniunction with an issued permit.
3. The application shall be submitted to the city occupational Iicensinq office as
follows:
a. For first time artist vendor applicants, not later than forty-five (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 thirty (30) days prior
to the lottery date for the permit period.
4. Not later than thirty (30) days after the filinq of a completed, first-time application
for an artist vendinq permit, or not later than fifteen (15) days after the filinq 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 reqardinq the decision on the issuance or denial of the
permit. or eliqibility for a permit in the event a lottery is held pursuant to
subsection 8 herein. If the permit is denied, the applicant shall be provided with a
statement of the reasons for denial. A denial may be appealed to the city
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manaqer or his desiqnee within ten (10) days of the issuance of the denial
Appeals from a decision of the city manaqer or the manaqer's desiqnee shall be
to the appellate division of the circuit court in accordance with the Rules of
Appellate Procedure.
5. Permits are non-transferable.
6. The permit shall be effective for a maximum of three months from the date of its
issuance.
7. The city may charqe an application processinq fee in an amount set forth
administratively.
8. If the number of applications for permits exceeds the number of available zone
locations, a permit shall be issued to applications selected by a Quarterly lottery
conducted by the City's occupational licensinq office. The available zone
locations shall be assiqned randomly to the selected applications, as set forth in
Section 18-905 (1) (b) and (c).
a. Each artist vendor and street performance artist shall be limited to one
zone location.
b. Lotteries will be held by the occupational licensinq office approximately
fifteen (15) days prior to the start of each Quarter (January, April. July and
October).
c. The occupational licensinq office shall implement a procedure for the
reassiqnment of any permits voluntarily surrendered or involuntarily
suspended or revoked.
Sec. 18-905. Permit reaulations and prohibitions.
Street performances and artist vendinq shall be conducted in accordance with the
followinq rules and requirements:
1. Permitted Artist Vendinq and Street Performances shall only be conducted in
desiqnated zones.
a. Zone locations will be determined prior to the permit period. The Zone
location list shall be available for review at the Occupational License
Office 10 business days prior to the permit period.
b. A total of twelve (12) Artist Vendinq and Street performance artist Zones
shall be available for allocation of a permit each Quarter; six of the zones
shall be desiqnated for the cateqory of artist vendors and six of the zones
shall be desiqnated for the cateqory of street performance artist; only one
permit shall be assiqned to each zone; the six street performance artist
and the six artist vendinq zones shall be assiqned randomly.
c. If the number of permit applications received by the occupational license
office is less than the number of available zones for either the artist vendor
or the street performance artist cateQory, the occupational license office
shall make available the zone to permit applicants from the other cateqory,
but at no time shall the total number of zones permitted exceed twelve.
d. Zone locations available for permits may chanqe from time to time as
deemed necessary by the city manaqer or his desiqnee.
4
e. The permitted street performance artist or artist vendinq zone shall not
exceed 36 square feet of space.
f. Permit holders cannot impede pedestrian traffic; must maintain a clear
pedestrian path of five feet; and cannot impede access to adioininq
businesses or uses.
2. No street performance artist or artist vendor shall create a fire hazard or connect
to any electric outlets or power sources. The street performance artist or artist
vendor must provide their own power sources, if any is required. No qenerators,
car, truck. motorcycle, or boat batteries or any other power sources deemed
hazardous to the public health, safety or welfare by a police or code officer shall
be permitted. Extension cords are prohibited.
3. No street performance artist or artist vendor shall enqaqe in the application of
tattoos or body piercinq, nor shall use fire or an animal as part of his/her act while
on public property.
4. No food or drink. whether made by a permit holder or otherwise shall be
displayed or offered for sale, or sold throuqh the street performance artist or artist
vendor permit.
5. The city manaqer or his desiqnee may cause the immediate removal or
relocation of all or parts of the art and/or equipment associated with a permit in
emerqency situations or for safety considerations.
a. Upon the issuance of a hurricane warninq by the county, the permittee
shall forthwith cease operation and remove all items associated with the
art vendinq or street performance permit from the public riqht-of-way. The
issuance of such a hurricane warninq shall constitute an emerqency
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
warninq. Any and all costs incurred by the city for removal and/or storaqe
of art vendinq or street performance equipment and/or merchandise shall
be the responsibility of the permittee. The city is not responsible for any
damaqes or loss of equipment or merchandise which is lawfully
confiscated.
b. If the zone assiqned for a street performance artist or artist vendinq 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 ManQer or desiQnee may temporarily or permanently relocate the
permittee to a different zone or temporarily suspend (if no alternative is
available) the street performance or artist vendinq activity.
6. The city manaqer or desiqnee shall develop and impose administrative rules
pertaininq to this permit. All permittees shall comply with the administrative rules;
failure to due so shall result in the application of fines and penalties as described
in section 18-909 of this article.
5
Sec. 18-906. Indemnification.
All permit holders shall aqree to defend, indemnify and hold harmless the city and its
officers, aqents and employees from any suit, actions on claims arisinq out of or in any
way connected with the activities permitted pursuant to this article, except for any claims
or liability arisinq from the neqliqence or misconduct of the city, its aqents, officers or
employees.
Sec. 18-907 Hours of operation.
1. Street performances and artist vendinq are prohibited daily between midniQht
and 8 a.m. except on Saturday and Sunday when they are prohibited between 2
a.m. and 8 a.m.
2. All tables, displays, siqns and inventory used shall be removed no later than 30
minutes after the permitted time period has expired.
See 18-908. Disclaimer, displav, and expiration.
1. Disclaimer. On each permit the followinq words shall appear: The issuance of
this permit does not constitute an endorsement by City of Miami Beach or articles
sold pursuant to the terms of this permit.
2. Display. The city shall issue a permit to an artist vendor or street performance
artist which shall contain a photoqraph of the permittee, contact information and,
for artist vendors, a description of the art that is permitted to be sold by the artist
vendor. The permit shall be displayed by the permittee at all times when sellinq
or solicitinq offers to purchase any art or craft work or while performinq.
3. Expiration. All permits shall clearly list the expiration date which shall be no
qreater than 90 days from the date of issuance.
Sec. 18-909. Enforcement, suspension/revocation of permit.
Any violation of this article shall be subiect to the followinQ fines and penalties:
1. First offense: $50.00;
2. Second offense in the previous twelve month period: $100.00; ineliQible for
application for permit for one Quarter.
3. Third offense in the previous twelve month period: $250.00; immediate
revocation of permit; ineliqible for application for permit for two Quarters.
Notwithstandinq the above, the City may also direct the artist vendor or street
performance artist to immediately cease and desist the activity in violation of this article.
6
Failure to immediately comply with the order to cease and desist the activity in violation
of this article shall result in additional fines and may result in suspension or revocation
of the permit. Followinq suspension or revocation of a permit. upon written request of
the permit holder, the city manaqer or the manaqer's desiqnee shall hold a hearinq
within ten days after receipt of such request. at which time the manaqer or desiqnee will
hear the facts constitutinq the basis for the modification, suspension or revocation, hear
the statements for or aqainst such action by interested persons, and then make a
decision affirminq, modifyinq, or reversinq the action to be taken with respect to the
permit. Such decision may be announced orally at the hearinq, or in writinq within ten
days after the hearinq. Appeals from a decision of the city manaqer or the manaqer's
desiqnee shall be to the appellate division of the circuit court in accordance with the
Rules of Appellate Procedure.
Sec. 18-910. Riahts of violators; payment of fine; riaht to appeal; failure to pay
civil fine or to appeal.
1. A violator who has been served with a notice of violation shall elect either to:
a. Pay the civil fine in the manner indicated on the notice; or
b. Request an administrative hearinq before a special master, appointed as
provided in section 30-36 by the city commission. to appeal the decision of
the code compliance officer which resulted in the issuance of the notice of
violation.
2. The procedures for appeal shall be as set forth in section 102-385.
3. The special master may not waive or reduce fines set by this Article if a violation
of this ordinance is established.
4. If the named violator after notice fails to pay the civil fine or timely fails to request
an administrative hearinq before a special master. the special master shall be
informed of such failure by report from the code compliance officer. Failure of the
named violator to appeal the decision of the code compliance officer within the
prescribed time period shall constitute a waiver of the violator's riqht to
administrative hearinq. A waiver of the riqht to administrative hearinq shall be
treated as an admission of the violation, and penalties may be assessed
accordinqly.
5. Any party aqqrieved by the decision of a special master may appeal that decision
to a court of competent iurisdiction as provided in F.S. & 162.11.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
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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-Iettered to accomplish such intention, and the word
"ordinance" may be changed to "section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the 21st
day of April
,2007.
PASSED and ADOPTED this 11th day of
,2007.
ATTEST:
jfl~i PCL{[~
APPROVED,as TO
FORM 8& lANGUAGE
& FO XECUnON
~):J.t77
F:\atto\MONJ\SACS\ORDINANC\final street perf -2d reading.doc
8
COMMISSION ITEM SUMMARY
Condensed Title:
An ordinance of the Mayor and City Commission amending Miami Beach City Code Chapter 18 entitled
"Businesses" b re ealin Article XV thereof entitled "Street Performers".
Ke Intended Outcome Su orted:
Maintain Miami Beach public areas & rights of way, especially in business districts.
Issue:
Shall the City Commission approve, on second reading, an ordinance entitled "Street Performers and Artist
Vendors," authorizin street erformers and artist vendors on Lincoln Road?
Item Summa IRecommendation:
On September 28, 2005, the State's 3r District Court of Appeals found City ordinance 2002-3366, "Street
Performers and Art Vendors," unconstitutional. This ordinance established that street performers and art
vending could only be allowed with a permit, and only on certain, identified locations in the City. Since that
time there has been an increase in the number of street performers and art vendors operating in the City
and, in particular, the Lincoln Road area. The City has received complaints from residents and visitors
strolling on Lincoln Road, as well as licensed merchants and restaurants on Lincoln Road, that the vast
number of vendors and performers that are occupying public property are causing a hazard to pedestrians.
Although the city recognizes the constitutional right of an artist to display and sell his/her own creation and
a performer to perform, the City also recognizes its responsibility to protect the public welfare and safety.
The proposed ordinance was drafted after reviewing similar legislation currently in place in other cities that
regulate artist street vending through a permit or license process. The City's draft ordinance only applies to
artist vendors and street performers on Lincoln Road. The proposed ordinance is recommending a
minimum of twelve (12) locations on Lincoln Road, six (6) for performers and six (6) for artists, assigned by
a lottery system which will be handled in a manner similar to the non-profit T-shirt vendors currently on
Ocean Drive. The ordinance was approved as recommended on first reading on March 14, 2007. It is
recommended that the Ma or and Commission a rove the ordinance on second readin .
Adviso Board Recommendation:
Neighborhoods/Community Affairs Committee review on January 11, 2007. It was referred back to
Committee with changes. The Neighborhoods/Community Affairs Committee reviewed and approved the
ro osed ordinance at its meetin of Februa 23, 2007.
Financial Information:
Source of Amount Account Approved
Funds: 1
I I 2
OSPI Total
Financial Impact Summary: The proposed ordinance will establish application fees.
Cit Clerk's Office Le islative Trackin :
Hilda M. Fernandez, Assistant City Manager
Si n-Offs:
Department Director
H
lD
.....
MIAMIBEACH
AGENDA ITEM
DATE
R5'G-
1{-Ll-07
~
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachfl.gov
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manager O~ SECOND READING
- 0 PUBLIC HEARING
April 11, 2007
AN ORDINANCE OF THE MA YORAND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 18 ENTITLED
"BUSINESSES" BY REPEALING ARTICLE XV THEREOF ENTITLED "STREET
PERFORMERS AND ART VENDORS," AND REPLACING THEREWITH A NEW
ARTICLE XV ENTITLED "STREET PERFORMERS AND ARTIST VENDORS,"
AUTHORIZING STREET PERFORMERS AND ARTIST VENDORS ON "LINCOLN
ROAD" (AS DEFINED HEREIN) FOLLOWING RECEIPT OF A PERMIT SUBJECT TO
CERTAIN CONDITIONS AND PERMIT FEES; PROVIDING DEFINITIONS, SETTING
FORTH TERMS, CONDITIONS AND REGULATIONS FOR PERMITS ISSUED TO
STREET PERFORMERS AND ARTIST VENDORS; PROVIDING FOR
ENFORCEMENT, SUSPENSION OR REVOCATION; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICA1l0N, AND AN EFFECTIVE DATE.
TO:
DATE:
SUBJECT:
Recommendation
Approve the ordinance on second reading.
Background
At present, the City has no mechanism to regulate legitimate artist vending (the vending of
products created by the artist) or street performers on Lincoln Road. On September 28, 2005, the
State's 3rd District Court of Appeals found City Ordinance 2002-3366, "Street Performers and Art
Vendors" unconstitutional. This ordinance established that street performances and artist
vending could only be allowed in the City with a permit, and limited artist vending and street
performances to certain, identified locations in the City. Since that time there has been an
increase in the number of street performers and artist vendors operating in the City and, in
particular, the Lincoln Road area. A recent sample survey (Exhibit A) reflects the number of artist
vendors and street performers on Lincoln Road on four separate dates. The average total
number of artist vendors/street performers in one evening in this sample survey is 33, with a high
of 44 and a low of 19. This survey is reflective of the typical experience on Lincoln Road at this
time.
Artist vendors (defined as artists selling arts/crafts that they have personally created) and street
performance artists (defined as persons that are performing for the entertainment of others,
including but not limited to dance, music, pantomime, etc.) are currently occupying many of the
areas on Lincoln Road that are not presently utilized by sidewalk cafes. The City recognizes the
constitutional right of an artist to display and sell his or her own artistic creation, and a street
performer to perform, but at the same time recognizes its responsibility to protect the public
welfare and safety. We have received complaints from residents and visitors strolling on Lincoln
Road, licensed merchants and restaurants on Lincoln Road, and from our staff, that many of
Page 2 of 4
Artist Vendors & Street Performers
vendors and performers that are occupying public property on Lincoln Road are causing a hazard
to pedestrians. In particular, the manner in which the artist vendors and performers set up and
operate is causing interference with the flow of pedestrian traffic and at times blocking access to
the sidewalk. This is especially more of an issue during those weekends when the sidewalks are
further congested with the vendors that participate in the various market programs on Lincoln
Road. Concerns have also been raised about the use of extension cords, utilization of City
power outlets by the vendors and performers, and utilization of generators and other power
sources such as car batteries in the public right-of-way; all of these are potential fire hazards. In
some instances, the artist vendors and street performers are attaching lights and signs to trees.
Of greater significance, there are occasions when an accumulation of interested customers at
artist vendor tables, or spectators observing the street performers, block the entrances to
business storefronts, creating additional public safety concerns for patrons of those businesses
that must have unimpeded egress from those businesses in the event of an emergency. In
addition, there are frequent issues with vendors setting up on Lincoln Road that are selling pre-
manufactured/mass produced products (often alleging they have produced these products),
which is in clear violation of our existing peddling ordinance.
In order to address the issues of public welfare and safety, the Neighborhoods Services
Department, Code Compliance Division, created a special detail on Lincoln Road to specifically
address the concerns related to vendors and street performers. As a result of this special detail,
during the months of June 2006 through December 2006 alone, a total of 17 violations were
issued to vendors for solicitation or peddling. This detail continues to monitor the artist vending
and street performances to ensure that there are no violations of current code, and that non-
permitted products are not being sold. Needless to say, this level of monitoring has been difficult
during high impact weekends, such as the Super Bowl and Winter Music Conference.
The proposed ordinance was drafted after reviewing similar legislation currently in place in other
cities, such as New York and San Francisco. Both of these cities regulate street vending through
a permitllicense process. In addition to these two cities, staff has also researched how other
cities of comparable size or characteristics (e.g. Atlanta, Key West, Chicago, Boston, Santa Fe,
Santa Monica and New Orleans) address this issue. All seven of these cities require a permit,
and six of them identify specific areas in the City where this activity is permitted. The City's draft
ordinance proposes to regulate artist vendors and street performance artists who wish to operate
on Lincoln Road only; this ordinance does not address artist vending or street performance in any
other part of the City.
Previous Committee Review
The proposed ordinance was considered at the January 11, 2007 and February 23, 2007
Neighborhoods/Community Affairs Committee meetings. Lincoln Road merchants as well as
vendors were provided the proposed ordinance and invited to attend both meetings.
At the January 11, 2007 meeting, comments from the committee included a request that the Fine
Arts Board or some other committee be designated as the entity that would review any product
submitted by artists to determine whether or not they were in fact produced by the artist. A
concern was also raised regarding whether the ordinance in its current form was overly technical
and whether it could be streamlined to address the primary issues that were being legislated. In
addition, it was requested that the Administration identify a minimum number of locations that
would be designated as artist vending/street performance artist zones in the Lincoln Road area.
It was also suggested that alternative locations be identified to permit the shifting of the locations
on a quarterly basis so as to mitigate the impacts to businesses with artist vendor zones or street
performance zones located in front of their storefront.
Page 3 of 4
Artist Vendors & Street Performers
In response to the comments from the Committee at its January 11, 2007 meeting, staff revised
the ordinance and presented the revisions to the Committee at their meeting of February 23,
2007. The revisions established a minimum number of artist vending and street performer artist
zones for the Lincoln Road area (12); further clarified the lottery process that would be used to
select applicants for permits; established enforcement/suspension/revocation conditions and
process; adjusted the fine schedule; and listed basic permit regulations and prohibitions. As
presented to the Committee, administrative rules and procedures governing this program will be
developed prior to the implementation of the program and provided to all interested applicants at
the time of permit application.
At the February 23, 2007 Committee meeting, the discussion focused on three issues: the
proposed hours and their relationship to other activities on Lincoln Road; the timing associated
with the submission of the application, review and appeal; and the process to determine whether
artists are selling products that they create. The proposed hours of operation, as detailed in
Section 18-907, provide significant opportunities for artist vendors and street performers. In
response to concerns with an overlap with other, pre-existing activities on Lincoln Road, it was
recommended that locations be identified that created no issues for the set up of these artist
vending and street performance zones. The administration has identified locations that will
accommodate the hours proposed.
Staff had proposed an application process that would provide sufficient time for review of the
application, as well as, when needed and applicable, a review of the art that is proposed to be
sold to confirm to the greatest extent possible that the art was in fact created by the applicant. To
address concerns that sufficient time is needed for all of the activities required, including
sufficient time for due process should an appeal of a denial of a permit application be required,
the timelines for the submission of applications has been adjusted accordingly. At the request of
our occupational licensing staff (who will administer the permit application process) additional
time has been incorporated into the timeline to permit for the review of first-time permit
applications for artist vendors. As you will note in Section 18-904 (2), a process has been
developed for the City to review artist vendor applications that may require further documentation
or a site visit. The ordinance also includes language that a committee designated by the City
Manager, such as the Fine Arts Board, can be called upon to assist in the review of artist vendor
applications, for purposes of determining if the art is infact created by the applicant. However,
the review would focus solely on determining whether the art is in fact created by the applicant.
This process is similar to the process used in San Francisco, where an Art Commission reviews
applications to confirm that the artist applicant produces the work theywish to sell, but they do
not evaluate the art in any other way.
Proposed Ordinance
The basic elements of the proposed ordinance are as follows:
· A permit will be required for artist vending or street performance on Lincoln Road
o The permit is valid for 90 days.
o A set number of permits will be available each quarter, consistent with the number of
available artist vending/street performance zones
o If applications for permits exceed the available number of artist vending/street
performance zones, a lottery system will be used to select applicants to receive the
available permits
· Permitting would be limited to artists displaying and signing their own creations, and street
performers.
o Applications for permits will be reviewed and artist vendors will be required to certify
that the art they will sell has been created by them.
o Only one permit can be provided per per&)n in a quarter.
Page 4 of 4
Artist Vendors & Street Performers
. Artist vending or street performances can only occur in designated locations (zones).
o There will be a set number of zones as determined by the City; we are recommending
a minimum of twelve (12) zones
· These zones may change from time to time based on space availability and
safety considerations.
· These zones are randomly assigned to applicants selected via the lottery
o Specific administrative rules will be in place regulating the size, set up, permitted
activities, etc. of the zones.
o Provisions are included to allow the City to relocate a zone under certain
circumstances.
o Artist vending and street performance zones are available seven days a week, with
extended hours permitted on the weekend
While there would not be a permit fee, the City would charge an application processing fee (as
we do with the non-profit T-Shirt vendors).
Conclusion
The City has endeavored to develop an ordinance that recognizes the constitutional rights of our
artist vendors and street performance artists, while ensuring the public welfare and safety. The
proposed ordinance provides a mechanism for artist vending and street performances to occur
on Lincoln Road in a manner that addresses these concerns.
Attachments
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Proposed Locations for
Artist Vending/Street Performance Zones
400 Blk
South Side
1. 60' west of curb (Washington A v), 15' north of building line.
2. 90' west of curb (Washington A v), 15' north of building line.
3. 46' east of curb (Drexel Av), 20' north of building line.
North Side
4. 180' west of curb (Washington Av), 20' south of building line.
5. 140' east of curb (Drexel Av), 20' south of building line.
500 Blk
South Side
6. 75' west of curb (Drexel Av), 20' north of building line.
7. 116' west of curb (Drexel Av), 20' north of building line.
North Side
8. 100' west of curb (Drexel A v), 22' south of building line.
9. 120' west of curb (Drexel Av), 22' south of building line.
10. 150' east of curb (Penn A v), 25' south of building line.
700 Blk
North Side
11. 22' west of western tip of Euclid Circle, 25' south of building line.
South Side
12.210' east of curb (Meridian Av), 22' north of building line.
13.10' east of curb (Meridian Av), 22' north of building line.
14.20' east of curb (Meridian Av), 22' north of building line.
800 Blk
South Side
15. 156' east of curb (Jefferson Av), 20' north of building line
900 Blk
North Side
16.44' west of curb (Jefferson Av), 20' south of building line.
South Side
17. 136' east of curb (Michigan Av), 26' north of building line.
1000 Blk
North Side
18. 100' west of curb (Michigan Av), 26' south of building line.
19. 144' east of curt (Lenox Av), 26' south of building line.
20. 35' west of curb (Lenox Av), 26' south of building line.
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e MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that a second reading and public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the
COmmission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, April 11, 2007, to consider the following:
10:15 a.m.
An Ordinance Amending Ordinance NO.789, The Classified Employees Salary Ordinance Of The City Of Miami Beach, Florida, Providing For The Classifications
In Group III, Represented By The International Association Of Firefighters (IAFF) In Accordance With The Negotiated Agreement; Effective In The First Pay Period
. . Ending In October Of 2006, There Shall Be An Across The Board Wage Increase Of Six Percent (6%), And The Minimum And Maximum Of Each Pay Range Will
Also Be Increased By Six Percent (6%); Effective With The First Pay Period Ending In October Of 2007, There Shall Be An Across The Board Wage Increase Of
Ave Percent (5%), And The Minimum And The Maximum Of Each Pay Range Will Also Be Increased By Five Percent (5%); Effective In The First Pay Period
&lding In October 2008, There Shall Be An Across The Board Wage Increase Of Four Percent (4%), And The Minimum And Maximum Of Each Pay Range Will
Also Be Increased By Four Percent (4%); Repealing All Ordinances In Conflict.
Inquiries may be directed to the Human Resources Department at (305) 673-7520.
10:16 a.m. _
An Ordinance Amending Ordinance No. 1335, The Classified Employees' leave Ordinance, By Amending The Provisions For Accumulation And Payment Of
Annual And Sick leave For The International Order Of Firefighters (IAFF).
Inquiries may be directed to the Human Resources Department at (305) 673-7520.
10:17 a.m.
An Ordinance Amending Article V, Occupational license Tax, Sections 102-356 Through 102-385 Thereof, By Changing The Term "Occupational license Tax"
To "local Business Tax"; Defining The Term "Receipt" As It Relates To Business Taxes; All Such Amendments Amending Provisions In The Aforementioned City
Qlde Sections To Conform With The Recent Amendment To Chapter 205, Florida Statutes (Pursuant To Chapter 2006-152, laws Of Florida, And House Bill No.
J269)
Inquiries may be directed to the Finance Department at (305) 673-7466.
10:18 a.m.
An Ordinance Amending The land Development Regulations Of The City Code By Amending Chapter 118 "Administration And Review Procedures," Article II
"Boards," Division 5 "Board Of Adjustment" Section 118-131 "Membership" To Change The Term Of The Board Membership From One To Two Years.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10:20 a.m.
An Ordinance Amending The land Development Regulations Of The City Code, By Amending Chapter 118, "Administration And Review Procedures," Article VIII,
"Procedure For Variances And Administrative Appeals", Section 118-353 "Variance Applications," To Prohibit Variances For The Maximum Number Of Stories,
Or My Maximum Building Height Variance Greater Than Three (3) Feet. .
. Inquiries may be directed to the Planning Department at (305) 673-7550.
10:30 a.m.
... M Ordinance Amending Chapter 6 Of The Miami Beach City Code En@ed "Alcol1Olic Beverages" By Amending Article I Thereof Entitled "In General," By
Amending Section 6-3 Entitled "Hours Of Sale," By Providing For Extended Hours Of On-Premises Consumption Of Alcoholic Beverages For Certain Alcoholic
Beverage Establishments And Under Certain Specified Conditions On January 1 st (New YEar's Day), And During Other Major Event Days And Weekends As May
Be Designated By The City Manager.
I Inquiries may be directed to the City Manager's Office at (305) 673-7010.
V I 10:45 a.m.
^I M Ordinance Amending Miami Beach City Code Chapter 18 Entitled "Businesses" By Repealing Article XV Thereof Entitled "Street Performers And Art
Vendors," And Replacing Therewith A New ArtiCle XV EntiUed "Street Performers And Art Vendors," Authorizing Street Performers And Art Vendors On "lincoln
Road" (As Defined Herein) Following Receipt Of A Permit Subject To Certain Conditions And Permit Fees; Providing Definitions, Setting Forth Terms, Conditions
And Regulations For Permits Issued To Street Performers And Art Vendors; Providing For Enforcement, Suspension Or Revocation.
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City
, Commission, c/o the City Clerk, 1700 Convention Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for
public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139.
This meeting may be continued and under such circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with
respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based. This notice does not constiMe consent by the City for the introduction or
admission of otherwise inadmissible or irrelevant evidE~ce, nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to
review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305)673-7218(TIY) five days in advance to
initiate your request. TTY users may also call 711 (Florida Relay Service).
Ad 1431
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