2007-3587 OrdinanceSEi:I)i`1D RF,ADING
ORDINANCE NO. 2007-3587
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI
BEACH CITY CODE CHAPTER 18 ENTITLED "BUSINESSES,"
ARTICLE XV THEREOF, ENTITLED "STREET PERFORMERS
AND ART VENDORS" BY AMENDING CODE SECTIONS 18-901
THROUGH AND INCLUDING 18-910 SO AS TO AUTHORIZE
STREET PERFORMERS AND ARTIST VENDORS TO USE
PORTABLE TABLES ON OCEAN DRIVE FOLLOWING
RECEIPT OF A PERMIT SUBJECT TO CERTAIN CONDITIONS
AND PERMIT FEES; PROHIBITING SPRAY PAINTING AND
AIRBRUSHING; 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," Article
XV thereof entitled "Street Performers and Art Vendors," is hereby amended to
read as follows:
CHAPTER 18
BUSINESSES
Article XV. Street Performers and Art Vendors on Lincoln Road and Ocean Drive
Sec. 18-901. Definitions.
The following words, terms and phrases, when used in this nArticle, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Art means painting, photography, sculpting, sketching and crafts. Art, as herein defined,
shall not be construed to permit the display or sale of any item intended or suitable for
human consumption.
Artist vending and street performance artist zone is defined as a sidewalk area which has
been selected and identified by the city manager or designee as the specific artist
vendor/street performance artist area at which all artist vending/street performance art in
the Lincoln Road area, and all artist vending/street performance art from or using a
portable table in the e~ Ocean Drive area shall occur by a specific permittee.
Artist means one who engages in an activity defined to be art by this Article.
Lincoln Road area is defined as all public rights-of--way within that area bounded on the
east by the west side of Washington 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.
Drive
crnith by 5th 4treet and nn the north by 15`" Street and on the west by Ocean Court and
on the east by the ocean.
Offense means either an uncontested notice of violation issued by a code compliance
officer or a finding of violation by a special master.
Permittee means a person who has obtained a permit pursuant to this Article.
Right-of--way is defined as land dedicated, deeded, used or to be used for a street, alley,
walkway, boulevard, drainage facility, access for ingress or egress, or other purpose by
the public, certain designated individuals of governing bodies.
Street, as used herein includes any primary access way such as a street, road, lane,
highway, avenue, boulevard, or cul-de-sac and also includes all of the land lying between
the right-of--way lines as delineated on a plat showing such streets, whether improved or
unimproved.
Street performance includes the following activities: acting, singing, playing musical
instruments, pantomime, juggling, magic, dancing, and puppetry on public property.
Street performance artists means persons who engage in street performance activities to
offer entertainment or special demonstrations (often outlandish or unique) for those
around them, often standing in areas accessible to pedestrians and public rights-of--way.
Street vending of art or artist vending, as used herein, includes the display, creation
and/or sale on public property of art by a permittee. Street vending of art shall be limited
to art created by the permittee.
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Sec. 18-902. Intent of Article.
The intent of this Article is to regulate street performances and artist vending protected
by the First Amendment to the United States Constitution on the public right-of--way in
the Lincoln Road area.-_, u~ or street performances and artist vendin fg rom portable
tables on Ocean Drive.
Sec. 18-903. Permit required.
It shall be unlawful for any person to engage in any street performance or artist vending
on public property in the Lincoln Road area or to eng~~e in any street performance
or artistic vending from or using a portable table or any other item placed upon public
property for display purposes on Ocean Drive without first obtaining 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, including but not limited to,
sections 70-4, 70-41, 74-1, 82- l , 44~ 142-874 a , and 142-13 61 concerning
vending and peddling.
Sec. 18-904. Permit application.
No artist vending or street performance on Lincoln Road or artist vending or street
performance from or using a portable table or any other item placed upon public
property for display purposes on Ocean Drive shall be allowed unless specifically
authorized by a permit. Applications for a street performance artist or artist vending
permit shall be made at the city business tax office, and shall be
subject to the review and approval of that office, or such other office designated by the
city manager for such purposes.
(1) Only those applications on city forms will be accepted. If the application form is
complete and consistent with this Article, the applicant agrees to abide by the terms of
this Article, and the application fee is paid, the 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 perjury 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/she seeks certification.
a. In consideration of the application, the business tax
office, or other office or committee that the city manager designates, shall examine
representative samples of the applicant's work for the purposes of verifying the
information set forth in the application. After such examination, and for the purposes of
further investigation, the business tax office, or other designated
office or committee, may:
1. Request documentation from the applicant, including 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. Designate ~ ° ~~' ~+° -~,,,,,~,°"° such City personnel 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 conjunction with an issued permit.
(3) The application shall be submitted to the city business tax
office as follows:
a. For first time artist vendor applicants, not later than 45 days prior to the date
of the lottery date for the permit period; or
b. For street performance artist applicants and applications by a previous artist
vendor applicant for the same art, not later than 30 days prior to the lottery date for the
permit period.
(4) Not later than 30 days after the filing of a completed, first-time application for an
artist vending permit, or not later than 15 days after the filing of a completed application
for street performance artist or a completed, subsequent application by an artist vendor
for the same art, the applicant shall be notified by the finance department regarding the
decision on the issuance or denial of the permit, or eligibility 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 manager or his designee within ten days of the issuance of the denial Appeals from a
decision of the city manager or the manager's designee shall be to the appellate division
of the circuit court in accordance with the Florida Rules of Appellate Procedure.
(5) Permits are nontransferable.
(6) The permit shall be effective for a maximum of three months from the date of its
issuance.
(7) The city may charge an application processing fee in an amount set forth
administratively.
(8) If the number of applications for permits on Lincoln Road exceeds the number of
available zone locations on Lincoln Road, a permit for Lincoln Road shall be issued to
applications selected by a quarterly lottery conducted by the city's
lEiee~si~tg business tax office. If the number of applications for permits on Ocean Drive
exceeds the number of available zone locations on Ocean Drive, permits for Ocean Drive
shall be issued to applications selected by a quarterly lottery conducted by the city's
business tax office. Each of the lotteries shall be conducted separately. The available
zone locations shall be assigned randomly to the selected applications, as set forth in
subsections 18-905(1)b and c.
a. Each artist vendor and street performance artist shall be limited to one zone
location- and may not hold a permit for Ocean Drive and Lincoln Road simultaneously.
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b. Lotteries will be held by the business tax office
approximately 15 days prior to the start of each calendar quarter (January, April, July
and October).
c. The business tax office shall implement a procedure
for the reassignment of any permits voluntarily surrendered or involuntarily suspended or
revoked.
Sec. 18-905. Permit regulations and prohibitions.
Street performances and artist vending shall be conducted in accordance with the
following rules and requirements:
(1) Permitted artist vending and street performances shall only be conducted in
designated zones.
a. Zone locations will be determined prior to the permit period. The zone
location list shall be available for review at the {business tax}
office ten business days prior to the permit period.
b. 1. A total of 12 artist vending and street performance artist zones shall be
available on Lincoln Road for allocation of a permit each of the designated calendar
quarters; six of the zones shall be designated for the category of artist vendors and six of
the zones shall be designated for the category of street performance artist; only one
permit shall be assigned to each zone; except that if the number of permit applications
received for one quarter for either category exceeds two times the number of available
zones in that category then the City Manager may assign more than one permit to a zone;
the six street performance artist and the six artist vending zones shall be assigned
randomly.
2. A total of six (6) artist vending and street performance artist zones shall be
available on Ocean Drive for allocation of a permit each of the designated calendar
quarters• three of the zones shall be designated for the category of artist vendors and
three of the zones shall be designated for the category of street performance artist; only
one permit shall be assigned to each zone; except that if the number of permit
applications received for one quarter for either category exceeds two times the number of
available zones in that category, then the City Manager may assign more than one permit
to a zone• the three street performance artist and the three artist vending zones shall be
assigned randomly.
c. If the number of permit applications received by the
business tax office is less than the number of available zones for either the artist vendor
or the street performance artist category, the business tax office
shall make available the zone to permit applicants from the other category, but at no time
shall the total number of zones permitted on Lincoln Road exceed 12-or the total number
of zones permitted on Ocean Drive exceed six.
d. Zone locations available for permits may change from time to time and
additional zones may be added after City Commission approval as deemed necessary by
the city manager or his designee.
e. The permitted street performance artist or artist vending zone shall not exceed
36 square feet of space.
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£ Permit holders cannot impede pedestrian traffic; must maintain a clear
pedestrian path upon the sidewalk no less than e€ five feet in width,;- and cannot
impede access to adjoining 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 generators, car, truck,
motorcycle, or boat batteries or any other power sources deemed hazardous to the public
health, safety or welfare by a police or code officer shall be permitted. Extension cords
are prohibited.
(3) No street performance artist or artist vendor shall engage in the application of tattoos
or body piercing, nor shall use fire or an animal as part of his/her act while on public
property- nor eng~~e in the use of spray paint/airbrush equipment.
(4) No food or drink, whether made by a permit holder or otherwise shall be displayed
or offered for sale, or sold through the street performance artist or artist vendor permit.
(5) The city manager or his designee may cause the immediate removal or relocation of
all or parts of the art and/or equipment associated with a permit in emergency situations
or for safety considerations.
a. Upon the issuance of a hurricane warning by the county, the permittee shall
forthwith cease operation and remove all items associated with the art vending or street
performance permit from the public right-of--way. The issuance of such a hurricane
warning shall constitute an emergency situation as referenced in this division: As
additional means of enforcement, the city may remove any equipment and/or
merchandise found on public property two hours after the issuance of a hurricane
warning. Any and all costs incurred by the city for removal and/or storage of art vending
or street performance equipment and/or merchandise shall be the responsibility of the
permittee. The city is not responsible for any damages or loss of equipment or
merchandise which is lawfully confiscated.
b. If the zone assigned for a street performance artist or artist vending is needed
for a special event, municipal repairs or other city business, or relocation or suspension is
otherwise in the best interest of the public, the city manager or designee may temporarily
or permanently relocate the permittee to a different zone or temporarily suspend (if no
alternative is available) the street performance or artist vending activity.
(6) The city manager or designee shall develop and impose administrative rules
pertaining to this permit including, but not limited to, rules re~ardin~ abandonment of
permit zones. 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.
Sec. 18-906. 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 or liability arising from the negligence or misconduct of the city, its agents,
officers or employees.
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Sec. 18-907. Hours of operation.
(a) Street performances and artist vending are prohibited d-a-if~ between 12:00 a.m.
imidnight~ and 8:00 a.m. except on Saturday and Sunday when ~e~ said activities are
prohibited between 2:00 a.m. and 8:00 a.m.
(b) All tables, displays, signs and inventory used shall be removed no later than 30
minutes after the permitted time period has expired.
Sec. 18-908. Disclaimer, display, and expiration.
(a) Disclaimer. On each permit the following words shall appear: The issuance of this
permit does not constitute an endorsement by City of Miami Beach e~ of articles sold
pursuant to the terms of this permit.
(b) Display. The city shall issue a permit to an artist vendor or street performance artist
which shall contain a photograph of the pennittee, 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 selling or soliciting offers to
purchase any art or craft work or while performing.
(c) Expiration. All permits shall clearly list the expiration date which shall be no greater
than 90 days from the date of issuance.
Sec. 18-909. Enforcement, suspension/revocation of permit.
(a) Any violation of this Article shall be result in the violator being served with a
Notice of Violation subject to the following fines and penalties:
(1) First offense: $50.00;
(2) Second offense in the previous 12-month period: $100.00; ineligible for
application for permit for one quarter.
(3) Third offense in the previous 12-month period: $250.00; immediate
revocation of permit; ineligible for application for permit for two quarters.
(b) Notwithstanding 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
aArticle. Failure to immediately comply with the order to cease and desist the activity in
violation of this aArticle shall result in additional fines and may result in suspension or
revocation of the permit. Following suspension or revocation of a permit, upon written
request of the permit holder, the city manager or the manager's designee shall hold a
hearing within ten days after receipt of such request, at which time the manager or
designee will hear the facts constituting the basis for the modification, suspension or
revocation, hear the statements for or against such action by interested persons, and then
make a decision affirming, modifying, or reversing the action to be taken with respect to
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the permit. Such decision may be announced orally at the hearing, or in writing within ten
days after the hearing. Appeals from a decision of the city manager or the manager's
designee shall be to the appellate division of the circuit court in accordance with the rules
of appellate procedure.
Sec. 18-910. Rights of violators; payment of fine; right to appeal; failure to pay civil fine
or to appeal.
(a) A violator who has been served with a notice of violation, shall elect either to:
1. Pay the civil fine in the manner indicated on the notice; or
2. Request an administrative hearing 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.
(b) The procedures for appeal shall be as set forth in Code section 102-385.
(c) The special master may not waive or reduce fines set by this aArticle if a violation e€
is established.
(d) If the named violator after notice fails to pay the civil fine or timely fails to request
an administrative hearing 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 right to administrative hearing. A waiver of the right
to administrative hearing shall be treated as an admission of the violation, and penalties
may be assessed accordingly.
(e) Any party aggrieved by the decision of a special master may appeal that decision to a
court of competent jurisdiction 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.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be made a
part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may
be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may
be changed to "section," "Article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the 22nd day of December , 2007.
PASSED and ADOPTED this 12th day of December , 2007.
ATTEST:
ROBERT PARCHER
CITY CLERK
~~
MAYOR
Matti H. Bower
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amending Miami Beach City Code Chapter 18 Entitled "Businesses," Article XV Thereof, Entitled "Street
Performers And Art Vendors" By Amending Code Sections 18-901 Through And Including 18-910 So As To Authorize Street
Performers And Artist Vendors To Use Portable Tables On Ocean Drive Following Receipt Of A Permit Subject To Certain
Conditions And Permit Fees; Prohibiting Spray Painting And Airbrushing; Providing Definitions, Setting Forth Terms, Conditions
And Regulations For Permits Issued To Street Vendors Performers And Artist Vendors; Providing For Repealer, Severability,
Codification, And An Effective Date.
Ke Intended Outcome Su orted:
Maintain Miami Beach public areas & rights of way, especially in business districts.
Supporting Data (Surveys, Environmental Scan, etc.): 51 % of business in South Beach are satisfied with the fairness
and consistency of enforcement of zoning and ordinances by the City of Miami Beach governmentfor businesses;and the
fairness/consistency of code enforcement of zoning and ordinances is a key driver of city government open and interested
in hearino business concerns.
Issue:
Shall the City Commission approve, on second reading, an ordinance amending Sections 18-901-18-910 of the City Code to
provide permits for street performers and artist vendors on Ocean Drive?
Item Summary/Kecommenaation:
SECOND READING PUBLIC HEARING
On August 14, 2007, the administration attended an Ocean Drive Association meeting to discuss, among other things, the
proliferation of artist vendors and street performers on Ocean Drive. The members were concerned about safety issues, such
as the use of generators, spray painting and tables on the east and west side of Ocean Drive that are impeding pedestrian
traffic. As you recall, an ordinance establishing artist vending/performer zones on Lincoln Road was adopted by the City
Com mission on April 11, 2007, providing for permits for artist vending/street performances. The Code Compliance Division has
been closely monitoring the increase in the number of artist vendors/street performers on Ocean Drive, and removing those
vendors selling commercial goods. During a 21-day period from August 18 -September 17, an average of 19 artist vendors,
and 3 street performers were observed daily on Ocean Drive. These vendors frequently obstruct the sidewalk, causing issues
for pedestrian flow, occasionally resulting in pedestrians diverting to the parking lane or street. The proposed ordinance
amends Sections 18-901-18-910 of the City Code to provide for permits for artist vending and street performers on Ocean
Drive when using portable tables or display devices. It further amends Sections 18-901-18-910 of the City Code to address
minor issues identified following the approval of the ordinance in April, such as prohibiting spray painting and airbrushing,
allowing for the expansion in the number of zones, and addressing the issue of abandonment of zones by permittees. The
ordinance amendment would establish six zones on Ocean Drive for artist vending and street performances (three each). In
order to hear from all interested parties, the item was referred by the Administration and discussed at the
Neighborhoods/Community Affairs Committee meeting held on September 19, 2007. Ocean Drive merchants and artist
vendors and street performers had an opportunity to provide feedback on the proposed ordinance and additional feedback was
received from the Ocean Drive Association. Some of their suggestions are recommended for inclusion. Artist vendors and
street performers are both protected by the First Amendment to the Constitution. Amending Section 18-901-18-910 provides a
mechanism for artist vendors/street erformers to vend/ erform on Ocean Drive, while ensurin the ublic welfare and safe .
Advisory Board Recommendation:
The Neighborhoods/Community Affairs Committee reviewed and approved a proposed amendment to the non-profit vending
and distribution ordinance at its meeting of September 19, 2007. Following further discussions with legal staff, the
administration proposes amending Section 18-901-18-910 that currently regulates artist vending and street performances on
Lincoln Road. The intent of the proposed amendment is the same as the proposed amendment to the non-profit vending
ordinance.
Financial Information:
Source of Funds: Amount Account
1
OBPI Total
Financial Impact Summary: The proposed amendment will result in additional permit application fees collected by the
Cit ;value unknown
~ /~ (~ ~ /~ ~ ~ ~~~ u AGENDA ITEM l~~
~ ! v ~ j Y ~ n DATE ~2-/Z^07
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City mission
FROM: Jorge M. Gonzalez, City Manager
SECOND READING
DATE: December 12, 2007 PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 18
ENTITLED "BUSINESSES," ARTICLE XV THEREOF, ENTITLED "STREET
PERFORMERS AND ART VENDORS" BY AMENDING CODE SECTIONS 18-901
THROUGH AND INCLUDING 18-910 SO AS TO AUTHORIZE STREET
PERFORMERS AND ARTIST VENDORS TO USE PORTABLE TABLES ON
OCEAN DRIVE FOLLOWING RECEIPT OF A PERMIT SUBJECT TO CERTAIN
CONDITIONS AND PERMIT FEES; PROHIBITING SPRAY PAINTING AND
AIRBRUSHING; PROVIDING DEFINITIONS, SETTING FORTH TERMS,
CONDITIONS AND REGULATIONS FOR PERMITS ISSUED TO STREET
VENDORS PERFORMERS AND ARTIST VENDORS; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the ordinance on second reading.
ANALYSIS
On August 14, 2007, the administration attended an Ocean Drive Association meeting to discuss,
among other things, the proliferation of artist vendors and street performers on Ocean Drive. The
members were concerned about safety issues, such as the use of generators, spray painting and
tables on the east and west side of Ocean Drive that are impeding pedestrian traffic. The increase in
the number of artist vendors and performers on Ocean Drive was also noted by Code Compliance staff,
who began to monitor the number of artist vendors, as well as ensure that the products being sold were
not commercial in nature. From the period of August 18, 2007 until December 11, 2007 Ocean Drive
was monitored between 5th and 14th Streets. Counts of artist vendors and street performers were
conducted at 12 noon, 6:00 p.m. and 10:00 p.m. During a one month period (8/18/07 - 9/17/07), the
highest number of artists vendors counted on one day was 41, with an average of 19 artist vendors
observed daily, during this period (6:00 p.m. count). During the same period, an average of three (3)
street performers was counted each day. The photos in the attached Exhibit A demonstrate some of
the activity that has been observed on Ocean Drive. As you will note, in many instances the artist
vendors created obstructions on the sidewalk, resulting in impacts to pedestrian flow. In addition,
potential buyers often crowd around the artist vendors, creating further obstructions, and sometimes
resulting in pedestrians diverting to the parking lane/street to move around the crowded sidewalk. This
is especially more of an issue during those weekends when the sidewalks are already further
congested with pedestrian traffic. In addition, many sections of the west sidewalk are needed to provide
safe access for the valet services (loading and unloading).
Commission Memorandum
December 72, 2007
Page 2 of 5
On April 11, 2007 the City Commission adopted Ordinance 2007-3557, establishing artist vending and
street performer zones on Lincoln Road. Sections 18-901-910 of the City Code provide for a minimum
of twelve zones on Lincoln Road to be made available to artist vendors and street performers via a
permit lottery every quarter. No ordinance specific to artist vendors/street performers currently exists for
Ocean Drive. A current ordinance regulates non-profit vending on Ocean Drive. Section 86-141-175,
approved by the City Commission in September 1997, provides a permitting process for five (5) non-
profit vending/distribution areas, three (3) on the east side of Ocean Drive and two (2) on Lincoln Road,
to be assigned on a quarterly basis. The administration reviewed this ordinance and is submitting for
approval, on first reading, an amendment to that ordinance changing the hours of operation and
establishing a fine and penalty schedule so they are consistent with Section 18-901-910.
The City Commission considered and approved the proposed amendment to the ordinance on October
17, 2007.
On November 20, 2007, a subsequent meeting was held with the Ocean Drive Association to address
their concerns with this amendment. City administration and the Legal Department discussed the
concerns raised by the Ocean Drive Association; an explanation of the concerns and how they maybe
addressed are reflected in this memo.
EXISTING ORDINANCE
The basic elements of Sections 18-901-910 of the City Code are as follows:
• A permit is required for artist vending or street performance
o The permit is valid for 90 days.
o A set number of permits are available each quarter, consistent with the number of available
artist vending/street performance zones
o If the number of applications for permits exceed the available number of artist
vending/street performance zones, a lottery system is used to select applicants to receive
the available permits
• Permits are limited to artists displaying their own creations, and street performers.
o Applications for permits are reviewed and artist vendors are required to certify that the art
they will sell has been created by them.
o Only one permit can be provided per person in a quarter.
• Artist vending or street performances can only occur in designated locations (zones).
o On Lincoln Road there are twelve zones -six for artist vendors and six for street performers
^ 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 are in place to regulate 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.
• There is no permit fee; the City charges an application processing fee (as we do with the non-profit
vendors).
Administrative rules for the Lincoln Road program were developed and are shared with applicants. The
City has conducted two lotteries since the passage of the ordinance; the next lottery is scheduled for
December 17, 2007. Staff is monitoring the program and amendments to the existing ordinance are
Commission Memorandum
December 12, 2007
Page 3 of 5
proposed to address issues that were unforeseen at the time the ordinance was adopted, such as
provisions for addressing the abandonment of zones by permittees, and the use of spray paint/airbrush
to produce art.
Sections 18-901-910 of the City Code 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 permit/license process. In addition to these two cities, staff 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.
ADJUSTMENTS TO ORDINANCE FROM FIRST READING
Following the approval of the ordinance amendment on first reading on October 17, 2007, staff has
further reviewed the amendment to determine if additional adjustments or clarification is needed. These
adjustments, of anon-substantive nature, are designed to further clarify language to ensure that we are
addressing the intent of the legislation. For example, the definition of Ocean Drive was expanded to
reflect that the area where a permit is required for artist vending from a portable table/street
performances on Ocean Drive includes the right-of-ways adjacent to Ocean Drive, such as the
serpentine walkway. All changes from first reading are in bold in the attached ordinance document.
In addition, at a meeting with representatives of the Ocean Drive Association (ODA) on November 20,
2007, several additional concerns were raised. These concerns, and the administration's
response/recommendations (in italic), are as follows:
• Requesting that language be included in the ordinance that makes the distance where portable
tables for artist vendors/street performers on Ocean Drive can be set up, consistent with the
nonprofit vendors (25 feet from the curb). While the nonprofit vendor ordinance (86-146)
specifically provides locations, and distance for vending in the ordinance, the artist
vendor/street performer ordinance establishes fhe number of locations and provides for the
identification of specific zones by the administration. The zones selected for artist vending/street
performances will reflect the same distance from the curb That is required of nonprofit vendors.
• Sec. 18-905 (1) d: The ODA was concerned with the language included in the amendment that
allows additional zones to be added by the City Manager or his designee. While the ODA
understood That the intent of the language is to provide flexibility, the administration does not
object to removing fhe language, as adding additional zones could be achieved by amendment
to the ordinance, if desired. The administration seeks the guidance of the Commission on this
issue.
• It was requested whether language could be added to ensure that artist vending/street
performances on Ocean Drive can only occur on the east sidewalk. There were specific
concerns relating to the set up of tables on the serpentine walkway and other areas other than
the east sidewalk. Staff clarified that permits will onlybe issued for zones on the east sidewalk.
However, the definition of Ocean Drive has been further clarified to ensure the legislative intent,
by specifically referencing fhe area where permits are required; this area extends from Ocean
Court to the ocean.
• It was requested whether language could be added to ensure that other display devices (e.g.
blankets, chairs, etc.) could not be used, and a size limit for tables. The ordinance, in
conjunction with the administrative rules of the program, clearly specify that the only permitted
display method is a table. Further, the administrative rules are being modified to reflect that a
table cannot take up more than 50 % of total allotted square footage for a zone. The current total
square footage for a zone is 36 square feet, permitting a standard 3' x 6' table (18 square feet)
to be used. As you may know, the administrative rules currently require table skirting, and
prohibit any additional displays other than a table.
Commission Memorandum
December 12, 2007
Page 4 of 5
A concern was raised regarding the street performers and the "noise" they may create, in
particular any conflicts with businesses on Ocean Drive that have entertainment. It was
requested that no amplified sound be permitted. The current ordinance, as amended, currently
prohibits any violation of the city's noise ordinance. In addition, the locations are 25' from the
curb of Ocean Drive, which is at least an additional 30' - 35' from the west sidewalk where
cafes are located. However, as an additional step, and consistent with the policy used on
Lincoln Road regarding the placement of artist vendors in front of certain businesses that sell
the same or similar product, it has been our intention that the locations for the three zones for
street pen`ormers will be selected with the intention of limiting any conflict with locations that
also have entertainment. Notwithstanding, the issue of prohibiting amplified sound is not being
recommended, as this places a restriction on this activity that is not in place for entertainers on
Ocean Drive porches and terraces. However, the administrative rules have been amended fo
require that amplified sound by street performers on Ocean Drive cannot face west.
PROPOSED ORDINANCE AMENDMENT
It is proposed that Sections 18-901-910 of the City Code be amended to include artist vending and
street performers on Ocean Drive. The proposed amendment incorporates references to Ocean Drive,
and includes the following specific changes to address artist vending and street performances on
Ocean Drive. Some additional, minor changes have been incorporated to the proposed ordinance
since the first reading and are referenced in italic below. These adjustments are recommended to
address concerns raised and/or provide further clarification:
• the amendment incorporates the area of Ocean Drive from 5th street to 15th street only; Ocean
Drive has been further defined to include all public rights-of--way from 5~`' to 15th, and from
Ocean Court east fo the ocean.
• one lottery would be established for applications for permits for both Ocean Drive and Lincoln
Road;
• six zones would be created on Ocean Drive (three for artist vendors and three for street
performers);
• an applicant can receive only one (1) permit and may not hold a permit for Ocean Drive and
Lincoln Road simultaneously;
• the amendment relating to Ocean Drive is specific to permits for artist vending from tables on
the east side of Ocean Drive. Artist vending will continue to be permitted on all other areas of
Ocean Drive, as long as an artist vendor does not set up a table or otherwise obstruct a
sidewalk (e.g. with a display rack, tablecloth on the sidewalk, etc.), abides by applicable
restrictions on distance to sidewalk cafe tables, and does not affect ingress/egress to any
building.
• the ordinance is amended to codify the administrative process, whereby if the number of permit
applications received for one quarter for either category exceeds two times the number of
available zones in that category, then the City manager may assign more then one permit to a
zone;
• the amendment prohibits the use of spray paint or airbrush by artist vendors either on Lincoln
Road or Ocean Drive;
• the amendment references changes to the administrative rules to respond to the abandonment
of zones by permittees;
• the amendment references changes to the administrative rules so the street performers with
amplified music must have the amplified music face north, south or east only;
In addition, the amendment approved on first reading included that additional zones may be added by
the city manager or his designee. As noted, the Ocean Drive Association expressed concerns with this
language. The administration inserted this language to provide flexibility, if needed. However, an
expansion of zones can be accomplished with an amendment to the ordinance. As such, the
administration does not object to removing this provision and seeks direction from the City Commission.
Commission Memorandum
December 12, 2007
Page 5 of 5
In all other regards, the process established for the distribution of permits for artist vendors and street
performers, including, among other things, the requirement that artist vendors must certify that they
created the art they intend to sell with a permit, processes for review of the art, the hours and days of
operation, the application and general lottery process, and the charging of a permit application fee,
shall remain the same as approved for Lincoln Road.
This amendment to the ordinance will afford artist vendors/street performers on Ocean Drive with the
same opportunity to engage in their constitutionally protected activities, as provided to artist vendors
and street performers on Lincoln Road, while ensuring the public welfare and safety.
PREVIOUS COMMITTEE REVIEW
In order to hear from all interested parties, a proposed amendment to the non-profit vending and
distribution ordinance was referred by the Administration and discussed at the
Neighborhoods/Community Affairs Committee meeting held on September 19, 2007. The proposed
amendment included changes to the ordinance to accomplish a permitting process for artist vendors
and street performers on Ocean Drive. Ocean Drive merchants and artist vendors and street
performers had an opportunity to provide feedback on the proposed ordinance. The comments from the
Ocean Drive Association were favorable, as were generally those from the artist vendor and performer
community. The committee members unanimously approved a motion to move the agenda item to the
full commission. Subsequent to the Neighborhoods/Community Affairs Committee, in consultation with
legal staff, it was recommended that the existing ordinance relating to artist vendors and street
performers on Lincoln Road be amended as the better mechanism to provide a permit program for
Ocean Drive.
FISCAL IMPACT SUMMARY
The proposed amendments to Sections 18-901-910 of the City Code will result in additional permit
application fees collected. The value of these fees is unknown and depends on the number of
applicants each quarter. These fees offset the costs associated with administering the program.
CONCLUSION
The City has endeavored to develop amendments to Sections 18-901-910 of the City Code that
recognize the constitutional rights of our artist vendors and street performance artists on Ocean Drive,
while ensuring the public welfare and safety. The proposed ordinance amendment provides a
mechanism for artist vending and street performances to occur on Ocean Drive in a manner that
addresses these concerns. The City Administration recommends that the City Commission approve the
proposed amendment.
JMG/HMF/VPG
T:WGENDA\2007\dec1207\Regular\Street performers and Art Vendors Ord 2ndReadingMemo.doc
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CITY OF MIAMI BEACH
N
°~ NOTICE OF PUBLIC HEARING
~~
1
NOTICE IS HEREBY given that a second reading and public hearings will be held by the Mayor and Cdy Gommission of the Git; ut
Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. on
Wednesday, December 12, 2007, to consider the following:
10:20 a.m.
An Ortlinance Amending Chapter 2 01 The Code Of The City Of Miami Beach, Florida, Entitled "Administration." By Amending
- Article III Thereof, Entitled "Agencies, Boards And Committees," By Amending Division 6 Thereof, Entitled "Cultural Arts Gouncil,'
By Amending Section 2-58; And Creating New Sections 2-58(A) Antl 2-58(B); Said Amendments Related To Assigning The Powers
And Duties Ot The Community Benefit Fund To The Miami Beach Cultural Arts Council.
Inquiries may be directed to the Tourism and Cultural Development at (305) 673-7577.
= 10:20 a.m.
- An Ordinance Amending Chapter 2 of the Code oT the City Oi Miami Beach, Florida, Entitled "Administration," By Amending Article
Q III Thereof, Entitled "Agencies, Boards And Committees," By Amending Division 5 Thereof, Entitled "Convention Center Advisory
s Board," By Amending Sections 2-46(B) And 2-46(C)(1) And 2-46(C)(9) And 2-46(F); Said Amendments Related To Removing The
W Jackie Gleason Theater Of Performing Arts (Now The "The Filmore Miami Beach At The Jackie Gleason Theater") From The Powers
~ And Duties Of The Board And, Further, Removing The Powers And Duties Ot The Community Benefit Fund From The Powers And
-- Duties Of The Convention Center Advisory Board. '
N
Inquiries may be directed to the Tourism and Cultural Development at (305) 673-7577.
L -
a 10:30 a.m.
Z An Ordinance Amending Chapter 82 Of The Miami Beach City Code, Entitled "Public Property," By Amending Article I, Entitled "In
o General,"By Amending Section 82-4 - 82-5, Entitled "Reserved," By Amending Section 82-4 To Prohibit Fonds Corrtaining Artificial
Trans Fat In Vending Machines On City Property And In Concession Facilities Subject To Concession Or Management Agreements
~ With The City.
= Inquiries may be directed to the Legal Department at (305) 673-7470.
E
'O 10:31 a.m.
` An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106, "Traffic And Vehicles" Article II,
"Metered Parking" By Amending Sections 106-55, "Parking Rates, Fees, And Penalties; Creating A New Subsection (N) Therein
m Entitled "Hybrid/ILEV (Inherentry Low Emissions Vehicles) Vehicles Incentives.
F
Inquiries may be directed to the Parking Department at (305) 673-7275.
10:35 a.m.
An Ordinance Amending Sections 18-901-18-910, Entitled Street Performers And Art Vendors; Authorizing Street Performers And
Artist Vendors To Use Portable Tables On Ocean Drive Following Receipt Of A Permit Subject To Certain Conditions And Permit
Fees; Prohibiting Spray Painting And Airbrushing; Providing Definitions, Setting Forth Terms, Conditions And Regulations For
Permits Issued To Street Vendors Performers And Artist Vendors; Providing For Enforcement, Suspension Or Revocation.
Inquiries may be directed to the Neighborhood Services Department at (305) 673-7077.
10:40 a.m.
An Ordinance Deleting The Language In Sections 82-366 Through 82-388 (fhe City's Sidewalk Cafe Ordinance) In hs Entirety, And
Replacing tt With New Language In Said Sections 82-366 Through 82-385, Adopting And Incorporating The City's New Sidewalk
Cafe Ordinance.
Inquiries may be directed to the Public Works Department at (305) 673-7080.
11:00 a.m.
' An Ordinance Amending The Land Development Regulations Of The Code Of The City Ot Miami Beach, By Amending Chapter 142,
"Zoning Districts And Regulations," Article II, "District Regulations," By Amending Division 3, "Residential Muli'rfamily Districts,"
By Amending Subdivision V, "RM-3 Residential MuRffamily High Imensity," To Modity The Maximum Building Height Requirements
For Oceanfront Properties Located In Historic Districts.
Inquiries may be directed to the Planning Department at (305) 673-7550.
11:00 a.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Reach, By Amending Chapter 142,
"Zoning Districts And Regulations," Article II, "District Regulations," By Amending Division 3, "Residential Multifamily Districts,"
By Amending Subdivision V, "RM•3 Residential Muttifamlry Hlgh Intensity," To Modity The Maximum Building Height Requirements
for Properties Located In The Archkectural District.
Inquiries may be directed to the Planning Department at (305) 673-7550.
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, 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, C'Ity Hall, and' Miami Beach, Florida 33139. This meeting may be continued and under
such circumstances additional legal notice would not be provided.
Robert E. Percher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stet., the City hereby advises the public that: rf a person decides to appeal any derision 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 constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant
evidence, 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 wfth disabilities, and/
or any accommodation to review any document or participate In any city-sponsored proceeding, please contact (3051604-2489
Artice), (3(305)673-7218(TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service).
m MIAMIBEACH