2009-27292 ResoRESOLUTION NO. 2009-27292
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, CREATING NEW ARTIST
VENDOR/ STREET PERFORMER PERMIT ZONES TO BE
LOCATED ON THE BEACHWALK AT THE STREET ENDS OF 21 sr
AND 22ND STREETS FOR A TOTAL OF FOUR NEW LOCATIONS
TO FIRST BECOME AVAILABLE DURING THE LOTTERY TO BE
HELD ON DECEMBER 22, 2009 AS TO PERMITS ISSUED FOR
THE FIRST QUARTER OF 2010 (JANUARY 1 -MARCH 31) AND
IN LOTTERIES TO BE HELD THEREAFTER.
WHEREAS, the number of applications for Artist Vendor/Street Performer permits has
consistently exceeded the number of available permits; and
WHEREAS, City staff is looking at options to increase opportunities forArtist Vendors/Street
Performers to exercise their constitutionally protected right of expression; and
WHEREAS, completion of the beachwalk at 21St Street and 22"d Street provide sufficient
room to accommodate a limited number of artist vendors without impacting pedestrian safety; and
WHEREAS, the crosswalks at the street ends of 21St and 22"d Street where they meet the
Beachwalk are likely to increase in use following the recent renovations to the Collins Park Parking
Lot, future renovations to Collins Park, and other improvements in the area; and
WHEREAS, Section 18-906(1)(d) of the City Code provides that "Zone locations available for
permits may change from time to time and additional zones maybe added after city commission
approval by resolution, as maybe deemed necessary by the city manager or his designee'; and
WHEREAS, the City Manager deems it necessary to provide additional zones for artist
vendor and street performer permits.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
the addition of two new artist vendor/street performer zones to be located on the beachwalk at the
street end at 21St Street and two new artist vendor/street performer zones to be located at the
beachwalk at the street end at 22nd Street, for a total of four new locations to first become available
during the lottery to be held on December 22, 2009 as to permits issued for the first quarter of 2010
(January 1 -March 31) and in lotteries to be held thereafter.
PASSED and ADOPTED this 9th day of December, 2009.
ATTEST:
(~ ~~~~ ~ I H RRE B WER~~~®~ ~
MAYOR ~®~ ~ ~~~~~
ROBERT PARCHER, CITY CLERK ~ ~~ ~~~~
F:\atto\TURN\RESOS\Street Performer-Artist Vendor Additional Locs 21st and 22nd Streets.do
JZ 04 f~~
COMMISSION ITEM SUMMARY
Condensed Title: '
A Resolution Of The Mayor And City Commission Creating New Artist Vendor/Street Performer Permit Zones To Be Located On The
Beachwalk At The Street-ends of 215' And 22nd Streets
Key Intended Outcome Supported:
Improve cleanliness of Miami Beach rights of way especially in business areas.
Supporting Data (Surveys, Environmental Scan, etc.): 85% of business in South Beach are satisfied with the fairness and
consistency of enforcement of zoning and ordinances by the City of Miami Beach government for businesses; and the
fairness/consistence of code enforcement of zoning and ordinances is a key driver of city govemment open and interested in hearing
business concerns.
Issue•
Shall the Mayor and City Commission create new artist vendor/street performer permit zones to be located on the beachwalk at the
street-ends of 21St and 22nd Streets for a total of four new locations to first become available during the lottery to be held on
December 22, 2009 to assign permits that will be valid for the first quarter of 2010, (January 1 -March 31) and in lotteries thereafter
Item
At the September 9, 2009 Commission Meeting, staff requested a referral for discussion regarding the current artist
vendor/street performer ordinance to the Neighborhoods/Community Affairs Committee (NCAC). This was heard at the
committee's November 12, 2009 meeting. Creating a total of four new permit zones on the Beachwalk at 21st and 22nd
Streets was a part of that discussion.
The number of applications for Artist Vendor/Street Performer permits has consistently exceeded the number of available
permits. Therefore, City staff has been looking at options to increase opportunities for Artist Vendors/Street Performers to
exercise their constitutionally protected right of expression. The recent completion of the Beachwalk at 21st Street and 22nd
Street provides sufficient room to accommodate a limited number of artist vendors without impacting pedestrian safety. The
crosswalks at the street-ends of 21 st and 22nd Street where they meet the Beachwalk are likely to increase in use following
the recent renovations to the Collins Park Parking Lot and future renovations to Collins Park; other improvements in the area
will increase the desirability of these locations.
In order to utilize these potential artist vendor/street performer locations, new zones would need to be approved since the
Beachwalk requires a permit in order to vend. Section 18-906 (d) of the current ordinance states that "Zone locations
available for permits may change from time to time and additional zones may be added after city commission approval by
resolution, as may be deemed necessary by the city manager or his designee."
It is therefore staffs recommendation to add the locations on the Beachwalk at the street-ends of 21 st and 22nd Streets by
way of the attached resolution. The resolution adds two new artist vendor zones to be located on the Beachwalk at the street-
end at 21st Street and two new artist vendor zones to be located at the Beachwalk at the street-end at 22nd Street, for a total
of four new locations to first become available during the lottery to be held on December 22, 2009 to assign permits that will
be valid for the first quarter of 2010, (January 1 -March 31), and in lotteries thereafter.
These changes are also proposed for codification into the ordinance as part of item R51 of the December 9, 2009 Commission
Agenda since other changes to the ordinance are also being proposed as part of that item.
Advisory Board Recommendation:
The NCAC meeting of November 12, 2009 had no quorum to make a recommendation to the Commission.
Commissioner Libbin listened to the suggestions and views of the interested parties in attendance with the
understanding that the proposed ordinance amendments would move to the full Commission without any
recommendation from the Committee.
Financial Information:
Source of Funds: Amount Account
1
2
3
OBPI Total
Financial Impact Summary: New zones will result in new permit fees to offset program costs.
Clerk's Office Legislative
Sign-Offs:
De a ent Director ssi ant Ci Mana er Ci Mana er
T:V~GENDA\2009\December 9\Regular\Street Performer-Artist Vendor Additional Locs 21 st and 22nd Streets RY.doc
~ MIAMIBEACH
U U
AGENQA ITEM ~~~
DATE 12 '~
Commission Memorandum -December 9, 2009
Artist Vendor /Street Performer Amendments
Page 1 of 2
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: December 9, 2009
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, CREATING NEW ARTIST
VENDOR/ STREET PERFORMER PERMIT ZONES TO BE LOCATED
ON THE BEACHWALK AT THE STREET ENDS OF 21ST AND 22ND
STREETS FOR A TOTAL OF FOUR NEW LOCATIONS TO FIRST
BECOME AVAILABLE DURING THE LOTTERY TO BE HELD ON
DECEMBER 22, 2009 TO ASSIGN PERMITS THAT WILL BE VALID
FOR THE FIRST QUARTER OF 2010, (JANUARY 1 -MARCH 31)
AND IN LOTTERIES THEREAFTER.
BACKGROUND
At the September 9, 2009 Commission Meeting, staff requested a referral for discussion
regarding the current artist vendor/street performer ordinance to the
Neighborhoods/Community Affairs Committee (NCAC). This was heard at the committee's
November 12, 2009 meeting. Creating a total of four new permit zones on the Beachwalk at
21St and 22nd Streets was a part of that discussion.
The number of applications for Artist Vendor/Street Performer permits has consistently
exceeded the number of available permits. Therefore, City staff has been looking at options
to increase opportunities for Artist Vendors/Street Performers to exercise their
constitutionally protected right of expression. The recent completion of the Beachwalk at
21St Street and 22"d Street provides sufficient room to accommodate a limited number of
artist vendors without impacting pedestrian safety. The crosswalks at the street-ends of 21St
and 22"d Street where they meet the Beachwalk are likely to increase in use following the
recent renovations to the Collins Park Parking Lot and future renovations to Collins Park;
other improvements in the area will increase the desirability of these locations.
STAFF RECOMMENDATION
In order to utilize these potential artist vendor/street performer locations, (Attachment A),
new zones would need to be approved since a permit is required for artist vending on the
Beachwalk. Section 18-906 (d) of the current ordinance states that "Zone locations available
for permits may change from time to time and additional zones may be added after city
commission approval by resolution, as may be deemed necessary by the city managerorhis
designee."It is, therefore, staffs recommendation to add the locations on the Beachwalk at
the street-ends of 21 St and 22"d streets by way of the attached resolution.
Commission Memorandum -December 9, 2009
Artist Vendor /Street Performer Amendments
Page 2 of 2
Page 2 of 2
Artist Vendor/Street Performer Ordinance
Additional Zones on Beachwalk
Discussion on this item was held at the November 12, 2009 meeting of the
Neighborhoods/Community Affairs Committee. While no opposition to the creation of these
new locations was expressed by those in attendance, there was no quorum. As a result, the
proposed amendment was moved to the full Commission with no committee
recommendation.
CONCLUSION
The resolution adds two new artist vendor zones to be located on the Beachwalk at the
street-end at 21St Street and two new artist vendor zones to be located at the Beachwalk at
the street-end at 22nd Street, for a total of four new locations to first become available
during the lottery to beheld on December 22, 2009 to assign permits that will be valid for the
first quarter of 2010, (January 1 -March 31), and in lotteries thereafter.
These changes are also proposed for codification into the ordinance as part of item R51 of
the December 9, 2009 Commission Agenda since other changes to the ordinance are also
being proposed as part of that item.
T:WGENDA\2009\December 9\F2egular\Street Performer-Artist Vendor Additional Locs 21st and 22nd Streets MEMO.doc
ATTACHMENT A
155 FT
21st street entrance to
beach.
d7M ,F.r
~ ~
r~L~~y
V~
W