2011-27640 Reso RESOLUTION NO. 2011 -27640
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AMENDMENT NO. 2 TO THE
MANAGEMENT AGREEMENT BETWEEN THE CITY AND LIVE NATION
WORLDWIDE, INC., DATED JUNE 22, 2007, FOR THE JACKIE GLEASON
THEATER OF THE PERFORMING ARTS (NOW KNOWN AS THE FILLMORE
MIAMI BEACH AT THE JACKIE GLEASON THEATER); SAID AMENDMENT
ALLOWING FOR LIVE NATION TO CONTINUE TO BE PERMITTED TO
EXTEND HOURS OF OPERATION AND LIQUOR SALES, SUBJECT TO
COMPLIANCE WITH CERTAIN CONDITIONS, AND FURTHER AUTHORIZING
THE CITY MANAGER TO ADMINISTRATIVELY APPROVE FUTURE
REQUESTS FOR SUCH EXTENSION OF HOURS AND LIQUOR SALES,
CONSISTENT WITH SUCH CONDITIONS.
WHEREAS, on June 22, 2007, the City entered into an Agreement with Live Nation
Worldwide, Inc. (Live Nation) to manage the Jackie Gleason Theater of the Performing Arts
(now named and known as the Fillmore Miami Beach at the Jackie Gleason Theater) (the
Venue), with an initial term of ten (10) years, commencing on June 22, 2007, and ending on
August 31, 2017 (the Agreement), and
WHEREAS, Section 2.1(b) of the Agreement restricts Live Nation from serving food or
beverages after midnight; and
WHEREAS, Live Nation requested an amendment to the aforestated food and beverage
restriction, as there were a number of potential events it was unable to book (due to this
restriction); and
WHEREAS, on December 9, 2009, the City Commission adopted Resolution No. 2009-
27278, approving Amendment No. 1 to the Agreement, which permitted Live Nation to extend
hours of operation and liquor sales at the Venue for a trial period (12 months), subject to certain
conditions; and
WHEREAS, the trial period expired on December 31, 2010, and Live Nation has
requested that it be extended, and /or otherwise continue to be permitted; and
WHEREAS, the Administration recommends that the City Commission now approve
Amendment No. 2 to the Agreement, which would continue to permit Live Nation to extend
hours of operation and liquor sales at the Venue, subject to the conditions below, and would
further authorize the City Manager to administratively approve such requests in the future;
again, subject to the following conditions:
1. Any sale, distribution, and or service of food and beverages, including alcohol, at
the Venue shall cease at no later than 2:00 AM.
2. The Venue will be closed to the public no later than 3:00 AM; accordingly, all
patrons within the Venue should also leave by 3:00 AM.
3. No DJ -only performances shall be allowed for the extended hours.
4. Live Nation shall provide the City Manager or his /her authorized designee with a
written status report following each event in which permission to serve alcohol
after midnight has been granted.
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 and authorize the Mayor and City Clerk to execute Amendment
No.2 to the Agreement between the City and Live Nation Worldwide, Inc., dated June 22, 2007,
for the Jackie Gleason Theater of the Performing Arts (now knows as the Fillmore Miami Beach
at the Jackie Gleason Theater); said Amendment continuing to permit the extension of the hours
of operation and liquor sales, subject to Live Nation's compliance with certain conditions, as set
forth in the Amendment, and further authorizing the City Manager to approve future requests for
extension of hours and liquor sales, consistent with such conditions.
PASSED AND ADOPTED this 13th day of April, 2011.
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Attest: M
',.t9I,Luik C'etkett,,
CITY CLERK
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APPROVED AS TO
FORM & LANGUAGE
& FO = ECUTION
uV � J ' ttorne i a
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving Amendment No.2 to the Agreement with City of Miami Beach and Live Nation Worldwide, Inc., dated June
22, 2007, for the Jackie Gleason Theater of the Performing Arts allowing for a trial period where Live Nation would be permitted to
extend hours of operation and liquor sales with certain conditions, and further authorize the City Manager to approve future
amendments allowing the extension of hours consistent with the conditions of the attached Amendment.
Key Intended Outcome Supported:
Maximize Miami Beach as a Destination Brand
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey reported more than one -fifth of
all resident respondents feel there are "too few" family friendly activities (24.6 %) and cultural activities (24.1%). Additionally, on
average, residents attended 10.61 cultural activities per year and 7.19 family friendly activities per year.
Issue:
I Should the City allow for an additional twelve (12) month trial period for Live Nation to host events and sell alcohol past midnight?
Item Summary /Recommendation:
On May 16, 2007, the City Commission adopted Resolution No. 2007 -26548 authorizing the City Administration to execute a
Management Agreement with Live Nation for the Fillmore Miami Beach at the Jackie Gleason Theater. The Management Agreement
with Live Nation was executed on Friday, June 22, 2007. The Term of the Agreement is 10 Years, with one 5 -year renewal option at
the discretion of Live Nation. There is a second 5 -year renewal option upon mutual agreement. The initial Term began on Thursday,
June 21, 2007 and ends on August 31, 2017.
Live Nation requested an amendment to the food and beverage restriction in place in the Agreement for a maximum of twelve (12)
events per calendar year. Section 2.2(b) restricts Live Nation from selling, distributing, or serving food and/or beverages after
midnight. As you may know, this provision was included in the agreement to address concerns raised by the nightlife industry at the
time. This request was considered by the Finance and Citywide Projects Committee and the Nightlife Industry Task Force (NITE) in
a series of meeting in late 2008 and 2009. Subsequently, The City Commission adopted Resolution No. 2009 -27278 on December
9, 2009 approving Amendment No. 1 to the Management Agreement.
On August 17, 2010, the NITE Task Force met and discussed the progress of the aforementioned Amendment. Live Nation advised
NITE that, to date, they have been unable to book any events during the trial period that required the extension of hours as defined in
the Amendment. However, Live Nation requested another year trial period. NITE agreed that another year for the trial was
warranted and recommended in favor of another amendment.
The following summarizes the proposed trial program:
1. Any sale, distribution, and or service of food and beverages, including alcohol, at the Venue shall cease at no later than 2:00 AM.
2. The Venue will be closed to the public no later than 3:00 AM; all patrons within the Venue should also leave by 3:00 AM.
3. No DJ -only performances shall be allowed for the extended hours.
4. "Blackout" dates for the trial period are New Years Eve and five days of the Winter Music Conference normally held the last week
in March.
5. The trial events will not count toward the annual contractually required number of events.
It is recommended that the Commission approve the trial program.
Advisory Board Recommendation:
The NITE Task Force met on August 17, 2010 and agreed that another year for the trial was warranted and recommended in favor of
another amendment.
Financial Information:
Source of Funds: Amount Account
1
OBPI Total
City Clerk's Office Legislative Tracking:
Max Sklar, Tourism and Cultural Development Director
Sign -Offs:
Department Director AA an ity - ager , City Manager
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miAmIBEAcH AGENDA ITEM C 70
DATE 9 /3 //
Cr) 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: April 13, 2011
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AMENDMENT NO. 2 TO THE MANAGEMENT AGREEMENT BETWEEN
THE CITY AND LIVE NATION WORLDWIDE, INC., DATED JUNE 22, 2007, FOR THE
JACKIE GLEASON THEATER OF THE PERFORMING ARTS (NOW KNOWN AS THE
FILLMORE MIAMI BEACH AT THE JACKIE GLEASON THEATER); SAID AMENDMENT
ALLOWING FOR LIVE NATION TO CONTINUE TO BE PERMITTED TO EXTEND
HOURS OF OPERATION AND LIQUOR SALES, SUBJECT TO COMPLIANCE WITH
CERTAIN CONDITIONS, AND FURTHER AUTHORIZING THE CITY MANAGER TO
ADMINISTRATIVELY APPROVE FUTURE REQUESTS FOR SUCH EXTENSION OF
HOURS AND LIQUOR SALES, CONSISTENT WITH SUCH CONDITIONS.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
ANALYSIS
On May 16, 2007, the City Commission adopted Resolution No. 2007 -26548 authorizing the City
Administration to execute a Management Agreement with Live Nation for the Fillmore Miami Beach
at the Jackie Gleason Theater. The Management Agreement with Live Nation was executed on
Friday, June 22, 2007. The Term of the Agreement is 10 Years, with one 5 -year renewal option at
the discretion of Live Nation. There is a second 5 -year renewal option upon mutual agreement. The
initial Term began on Thursday, June 21, 2007 and ends on August 31, 2017.
Following a $3.5 million renovation, Live Nation opened the venue in October 2007 with Ricky
Martin. Live Nation continues to book the venue for a variety of entertainment. A discussion item
was placed on the September 10, 2008 Commission agenda regarding the variety and number of
events being booked by Live Nation at the Venue. During the discussion of the aforementioned
item, a desire was expressed to see more events at the venue with a greater variety in the type of
events.
Following the September 10, 2008, City Commission meeting, Live Nation requested an amendment
to the food and beverage restriction in place in the Agreement. Section 2.2(b) restricts Live Nation
from selling, distributing, or serving food and /or beverages after midnight. As you may know, this
provision was included in the agreement to address concerns raised by the nightlife industry at the
time. Live Nation has advised us that there have been a number of potential events that they have
been unable to book due to this restriction. For example, events with two performances in one night
would have the second performance impacted. Live Nation originally requested the ability to host
events and sell food and /or beverages after midnight, including alcoholic beverages, for a maximum
of twelve (12) events during a trial period.
Live Nation Amendment
April 13, 2011
City Commission Meeting
Page 2 of 2
This request was considered by the Finance and Citywide Projects Committee and the Nightlife
Industry Task Force (NITE) in a series of meeting in late 2008 and 2009. Subsequently, The City
Commission adopted Resolution No. 2009 -27278 on December 9, 2009 approving Amendment No.
1 to the Management Agreement. This amendment permitted Live Nation to extend hours of
operation and liquor sales at the Venue for a trial period, subject to the following conditions:
1. Any sale, distribution, and or service of food and beverages, including alcohol, at the
Venue shall cease at no later than 2:00 AM.
2. The Venue will be closed to the public no later than 3:00 AM; accordingly, all patrons
within the Venue should also leave by 3:00 AM.
3. No DJ -only performances shall be allowed for the extended hours.
4. Live Nation shall provide the City Manager or his /her authorized designee with a
written progress report halfway through the trial period, or July 1, 2010.
On August 17, 2010, the NITE Task Force met and discussed the progress of the aforementioned
Amendment. Live Nation advised NITE that, to date, they have been unable to book any events
during the trial period that required the extension of hours as defined in the Amendment. However,
Live Nation requested another year trial period. NITE agreed that another year for the trial was
warranted and recommended in favor of another amendment.
It is important to note that Live Nation is a live entertainment promoter and has publicly maintained
that they are not interested in operating the Fillmore as a nightclub. As you may know, they have
operated the Fillmore at a loss for 2008, 2009 and 2010. They continue to look at opportunities to
build their business and the removal of this restriction provides them with additional opportunities.
Due to other projects, the aforementioned Amendment was never formally memorialized. At that
time, the intent was to take the amendment directly to the Commission for consideration. Live Nation
and the City recently completed drafting the attached Amendment No. 2 to the Management
Agreement for the Fillmore Miami Beach at the Jackie Gleason Theater (formerly the Jackie
Gleason Theater of Performing Arts) and are presenting the Amendment to the City Commission for
consideration. The Administration is placing this item directly on the City Commission agenda for
consideration instead of taking it back to the Finance and Citywide Projects Committee to expedite
the potential approval.
Additionally, the Administration is recommending that the City Manager be authorized to approve
future amendments for this specific use only and consistent with the conditions approved by the City
Commission. This would be subject to annual review to ensure compliance with the established
conditions. Any deviation from the approved conditions would require further review and approval
from the City Commission.
CONCLUSION
The Administration recommends the adoption of the attached Amendment No. 2 to the Agreement
between the City of Miami Beach and Live Nation Worldwide, Inc., dated June 22, 2007, for the
Jackie Gleason Theater of the Performing Arts. At the end of the trial period, Staff will assess
whether there have been any issues or concerns related to the extended hours for alcoholic
beverage sales. The City Manager would be authorized to approve future amendments consistent
with conditions in the attached Amendment.
JMG /HMF /MAS
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