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2007-3559 Ordinance ORDINANCE NO. 2007-3559 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 86 OF THE MIAMI BEACH CITY CODE ENTITLED "SALES", BY AMENDING ARTICLE III ENTITLED "NON-PROFIT VENDING AND DISTRIBUTION", BY DELETING SECTION 86-144 ENTITLED "RULES AND REQUIREMENTS", AND AMENDING SECTION 86-174 BY CHANGING THE TITLE FROM "DEADLINE FOR SUBMITTAL OF APPLICATION" TO "ADMINISTRATIVE RULES" AND PROVIDING THAT THE CITY MANAGER OR IDS DESIGNEE SHALL DEVELOP AND IMPOSE ADMINISTRATIVE RULES; PROVIDING FOR SEVERABILITY, REPEALER, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the Non-Profit Vending and Distribution Ordinance ("Ordinance") enacted in 1997 established 5 locations in the City of Miami Beach where non-profit organizations can vend/distribute message bearing items; and WHEREAS, since that time, the number of organizations that have applied for permits has averaged thirty-five (35) per quarter; and WHEREAS, lotteries are held quarterly and applications are reviewed and accepted or rejected based on the eligibility ofthe organization; and WHEREAS, the permits are assigned through a lottery process with each winning organization assigned a predetermined location either on Ocean Drive or Lincoln Road for a period ofthree (3) months; and WHEREAS, the permits issued carry pictures of the vendors authorized to vend/distribute; and WHEREAS, there is a separate process for re-issuing a permit when certain changes occur with any of the persons vending for the organization; and WHEREAS, the Administration recommends amending the Ordinance to permit the development and imposition of Administrative Rules by the City Manager or his designee. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: SECTION 1. That Section 86-144 of Division 1, entitled "Generally" of Article III, entitled "Non-Profit Vending and Distribution," of the Code of the City of Miami Beach is hereby amended as follows: ARTICLE III. NONPROFIT VENDING AND DISTRIBUTION DIVISION 1. GENERALLY Sec. 86-141. 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: Applicant means the nonprofit organization applying for a nonprofit vending and distribution permit pursuant to this article. Department means the department of finance of the city. Director means the director of finance of the city. Distribution means the transfer or offer to transfer merchandise. Manager means the city manager. Message-bearing merchandise means a product bearing a message that is inextricably intertwined with the purpose and activities of a permittee pursuant to this article. All message-bearing merchandise must constitute or contain a conspicuous political, religious, philosophical or ideological message having intellectual content that is clearly informative of the purpose of the permittee's organization and is permanent and readable or recognizable from a reasonable distance. Nonprofit organization means a corporation that is expressly organized for nonprofit purposes, that is in good standing at the time of its application for permit pursuant to this article and that is deemed a tax exempt organization under section 501 ofthe Internal Revenue Code. Nonprofit vending means vending by a nonprofit organization as those terms are defined in this section. Permittee means the nonprofit organization that has been issued a nonprofit vending permit pursuant to this article. Vending means the transfer or offer to transfer merchandise for money, or requests for donations in exchange for merchandise. 2 Sec. 86-142. Applicability of article. This article regulates vending and distribution from portable tables by nonprofit organizations as defined in section 86-141. This article does not affect the city's existing regulations regarding charitable solicitation or the city's prohibition on other commercial vending outside of an enclosed structure. Sec. 86-143. Area reserved for nonprofit vending and distribution. (a) Nonprofit vending and distribution shall only be conducted in those approved designated areas. The nonprofit vending and distribution areas shall be assigned randomly. (b) If the number of requests for nonprofit vending and distribution permits exceeds the number of available locations, the available locations will be assigned by a quarterly lottery and each nonprofit vendor and distributor shall be limited to one location within the city. (c) If the area reserved for nonprofit vending and distribution is needed for a special event, municipal repairs or other city business, the director may temporarily relocate the nonprofit vending and distribution activity to a different area. (d) The following locations shall be available pursuant to this section: (1) The east side of Ocean Drive and Seventh Street, 25 feet from the curb, on the ocean access sidewalk. (2) The east side of Ocean Drive and Ninth Street, 25 feet from the curb, on the ocean access sidewalk. (3) The east side of Ocean Drive and 11 th Street, 25 feet from the curb, on the ocean access sidewalk. (4) North of727 Lincoln Road, the middle of the mall, under the overhang. (5) North of 400 Lincoln Road, the middle ofthe mall, between two palm trees. Sec. 86 144. Rules and requirements. Nonprofit vending and distribution shall be conducted in accordance '.'lith the following rules and requirements: (1) The permittee shall be limited to a display area of one table with no more than eight square feet of surface area. (2) The permittee shall be limited to one sign 'Nhich shall include the permittee's federal J.D. number and shall be no greater than one foot by two feet. The permittee's name shall be legibly displayed on such sign, and such sign shall be approved by design re','} e'.v . (3) The permittee shall neatly display all message bearing merchandise on the table. No message bearing merchandise shall be displayed in any other area. .Any boxes or additional merchandise shall be stored wholly underneath the table, \vhich is fully skirted to public right of 'Nay so that the boxes and additional merchandise 'Nill not be '.'isible. (4) The table and all message bearing merchandise shall be removed from city property daily, and the permittee shall clean the permit area and deposit trash in proper receptacles. 3 (5) The nonprofit vending and distribution permit issued by the city shall be displayed at the permit area at all times. (6) Only message bearing merchandise, as defined in section 86 111, may be vended or distributed. The message bearing merchandise must also satisfy the follov.'ing conditions: a. The message carried or conveyed on the merchandise must be physically part of the merchandise, indelible and nonremovable. b. The mere placement of an organization's name or message on merchandise other than a T shirt, '.Yhich merchandise is unrelated to purpose or activity ofthe organization, shall not qualify the merchandise as inextricably intertwined with the purpose and activity of the permittee. (7) Each member of the permit holder's organization who is engaged in sale or distribution acti'.'ities at the permitted location shall at all times 'Near and keep visible a legible identification badge containing the name of the individual and the name and address ofthe nonprofit organization. (8) Each permit holder shall provide a receipt 'Nith each sales transaction. The receipt shall contain the name and address of the organization, the date of sale, the number and types of items sold and the dollar amount of the transaction. (9) Each permit holder shall maintain the area around the permit holder's table free of litter and debris. Sec. 86-145. Prohibitions. A permit holder shall not: (1) Engage in verbal or physical harassment or coercion. (2) Impede the flow of vehicular traffic. (3) Obstruct access to businesses or other properties. (4) Engage in activities that prevent the free passage of pedestrians. (5) Use lounge chairs. (6) Create a fire hazard. (7) Create excess noise in violation of the County Code section 21-28. (8) Engage in fraudulent practices or solicitations, including but not limited to misrepresentation about any sale or solicitation, misrepresentation about the nature and type of the nonprofit organization or misrepresentation or concealment of any material fact in the application process. Sec. 86-146. Hours of operation. Nonprofit organizations that have obtained a permit pursuant to this article may vend and distribute during daylight hours only, and under no circumstances earlier than 8:00 a.m. All tables, displays, signs and inventory used in the sale and distribution of merchandise shall be removed no later than 30 minutes after sunset. Sec. 86-147. Indemnification. All permit holders shall agree to defend, indemnify and hold harmless the city and its officers, agents and employees from any suit, actions on claims arising out of or in any way connected with the activities permitted pursuant to this article, except for any claims 4 or liability arising from the negligence or misconduct of the city, its agents, officers or employees. Sec. 86-148. Penalty for violation of article. A violation of this article shall be punishable as provided in section 1-14. Secs.86-149--86-170. Reserved. SECTION 2. That Section 86-174 of Division 2, entitled "Permit" of Article III, entitled "Non-Profit Vending and Distribution," of the Code of the City of Miami Beach is hereby amended as follows: DIVISION 2. PERMIT Sec. 86-171. Required. It shall be unlawful for any person to engage in nonprofit vending or distribution on public property without obtaining a permit as required by this article. Sec. 86-172. Application. (a) Generally. Applications for a nonprofit vending and distribution permit shall be made at the office ofthe director. Only those applications on city forms will be accepted. If the application form is complete, the applicant agrees to abide by the terms of this article, and if the applicant provides proof of its tax -exempt status, the application will be approved. Applications for permits under this section may be obtained from the finance department. (b) Contents. The permit application shall require the following information: (1) The name and address of the nonprofit organization; (2) The names, addresses and social security numbers of persons in charge ofthe vending or distribution and phone numbers where they may be reached during business hours; (3) The names and social security numbers of persons who are vending or distributing at the location; (4) The period oftime for which the applicant seeks a permit; (5) A description of the merchandise to be vended or distributed; and (6) A certification by the persons vending or distributing that they have read and understood the requirements of this article. Sec. 86-173. Processing fee. The city may charge an application processing fee in the amount set forth in appendix A per application. Sec. 86-174. Deadline fer submittal of applicatian. Administrative Rules The application shall be submitted to the city during the calendar month prior to the permit month. The city manager or his designee shall develop and impose administrative rules pertaining to this permit. 5 Sec. 86-175. Transfer. Permits are nontransferable. SECTION 3. 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 part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article" or other appropriate word. SECTION 4. REPEALER All ordinances or parts of ordinances in conflict herewith are and the same are hereby repealed. SECTION 5. SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutionality of the remaining portions ofthis Ordinance. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect ten (10) days after it is adopted. PASSED and ADOPTED this 6th , 2007 ATTEST: /Jb~ fOA~ CITY CLERK Robert Parcher David Dermer APPROVED AS TO FORM lit lA"',aUAGE ~ECUTION / y~ ,/ , " ' ,-[ r )07 \, U// ~ nome")' '1)( UCi8 6 COMMISSION ITEM SUMMARY Condensed Title: An ordinance amending Chapter 86 entitled "Non-Profit Vending and Distribution" by deleting section 86- 144 entitled "Rules and Requirements" and amending the title of section 86-174 from "Deadline for Submittal of Application" to "Administrative Rules" and providing that the city manager or his designee shall develop and impose administrative rules. Ke Intended Outcome Su orted: Make the City more business friendly Issue: Shall the City Commission amend the Non-Profit Vending and Distribution Ordinance? Item Summa IRecommendation: SECOND READING PUBLIC HEARING The Non-Profit Vending and Distribution Ordinance enacted in 1997 established 5 locations in the City of Miami Beach where non-profit organizations can vend/distribute message bearing items. The permits are assigned through a lottery process with each winning organization assigned a predetermined location either on Ocean Drive or Lincoln Road for a period of three (3) months. The quarterly lottery needs extensive rules to administer. The administration would like to amend the ordinance to permit the development and imposition of Administrative Rules by the City Manager or his designee. The Administration recommends ado tin the ordinance. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Robert Anderson Si n-Offs: Department Director Assistant City Manager r T:\AGENDA\2007\may1607\Regular\Non-Profil Ord Summary.doc m ..... MIAMIBEACH AGENDA ITEM DATE R5A- &r6-07 lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commissi DATE: June 6, 2007 { SECOND READING PUBLIC HEARING FROM: Jorge M. Gonzalez, City Manager SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 86 OF THE MIAMI BEACH CITY CODE ENTITLED "SALES", BY AMENDING ARTICLE III ENTITLED "NON-PROFIT VENDING AND DISTRIBUTION", BY DELETING SECTION 86- 144 ENTITLED "RULES AND REQUIREMENTS", AND AMENDING SECTION 86-174 BY CHANGING THE TITLE FROM "DEADLINE FOR SUBMITTAL OF APPLICATION" TO "ADMINISTRATIVE RULES" AND PROVIDING THAT THE CITY MANAGER OR HIS DESIGNEE SHALL DEVELOP AND IMPOSE ADMINISTRATIVE RULES; PROVIDING FOR SEVERABILITY, REPEALER, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the ordinance. ANAL YSIS The Non-Profit Vending and Distribution Ordinance enacted in 1997 established 5 locations in the City of Miami Beach where non-profit organizations can vend/distribute message bearing items. Since that time the number of organizations that have applied for permits has averaged thirty-five. Lotteries are held quarterly; applications are reviewed and accepted or rejected based on the eligibility of the organization which is verified by the City, The permits are assigned through a lottery process with each winning organization assigned a predetermined location either on Ocean Drive or Lincoln Road for a period of three (3) months, The permits issued carry pictures of the vendors authorized to vend/distribute, There is a separate process for reissuing a permit when changes take place with the persons vending, The Administration recommends amending the ordinance to permit the development and imposition of Administrative Rules by the City Manager or his designee, CONCLUSION The Administration recommends amending the ordinance to provide for the development and imposition of administrative rules by the City Manager or designee. JMG/PDW/BA T:\AGENDA \2007\may1607\Regular\Non Profit-Memo. doc \ 'It I I! ! t:! ,g ;c Cl '4; ~ E 0 u -c ~ ClI :z: .~, -:~' ~ m ~ G MfAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ~ 8 S'I NOTICE IS HEREBY given that a second reading and public hearings will be held by the Mayor ,'r j City Commission of the City of Miami Beach ~. Florida In the Commission Chambe-s 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Flonda on Wednesday, June 6, 2007 to ~ ~rslder the following. . ~ 10:15 a.m, >>.j An Ordinance Amending Chapter 86 Of The Miami Beach City Code Entitled 'Sales". By Amending Article III Entitled "Non-Profit Vending And ' <:( Dlstnbutlon", By Deleting Section 86-144 Entitled "Rules And ReqUirements' And Amend,ng Section 86-174 By Changing The Title From 6l "Deadline For Submittal Of Application" To "Administrative Rules"And Providing That The City Manager Or His Designee Shall Develop And Impose a:: Administrative Rules. -S? Inquiries may be directed to the Finance Department at (305) 673-7466. . .... 10:16 a,m. An Ordinance Amending Section 46-92, "Throwing Litter In Public Places; Possession Of Glass Or Metal Containers On Beaches Unlawful; Sweeping Or Throwing Litter In Gutters; Garbage Containers Required For Take-Out Restaurants; Civil Fines For Violation," Of Division 1, "Generally," Of Article III, "Litter," Of Chapter 46 Of The City Code, "Environment," By Creating Criteria For Rebuttable Presumptions Concerning Littering With Commercial Handbills; By Providing For Seizure Of Handbills For Use As Evidence At Prosecution; By Providing For Removal Of Handbills At Violator's Expense; By Amending Definitions Sections; By Amending Provisions Providing For Fines And Penalties For Violations. inquiries may be directed to the Neighborhood Services Department at (305) 604.2489. 10:20 a.m. An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 2 Thereof Entttled "Officers, Employees And Agency Members," Section 2.459 "Certain Appearances Prohibtted" By Including "Employee" And "Of Counsel" Relationships Wtthin The Definition Of The Term "Associate". Inquiries may be directed to the City Attorney's Office at (305) 673.7470. 10:25 a.m, , An Ordinance Amending Chapter 82 Of The City Code, Entttled "Public Property", By Amending Article VI, Entitled "Naming Of Public Facilities And Establishments Of Monuments And Memorials", By Amending Section 82.501, Entitled "Generally", To Provide That The City Owned Cunural Facility Currently Named The "Jackie Gleason Theater Of The Performing Arts," Located At 1700 Washington Avenue, Miami Beach, Florida, Shall Be Exempt From The Provisions Of Said Article VI. . Inquiries may be directed to the City Manager's Office at (305) 673.7010. INTERESTED PARTIES are invtted to appear at this meeting, or be represented by an agent, or to express their views in wrtting addressed to the City Commission, clo the City Clerk, 1700 Convention Center Drive, 1st 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 cirpumstances 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: II a person decides to appeal any decision made by the City Commission with respect to any matte< 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 constitute consent by the City for the Introduction or admissJon of otherwise inadmissible or Irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. . To request this material In accesslb!e format, sign language interpreters, infonnation on access for persons with disabilities, and/or any accommodabon to review any document or participate In any clty.sponsored proceeding, please contact (305) 6Q4.2489 (VOice), (305) 673. 7218(TTY) flye days In advance to Initiate your request. TTY users may also call 711 (Aorida Relay Service). Ad IN39 .