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98-23003 RESO RESOLUTION NO. 98-23003 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 95- 21684, APPROVING THE CITY'S SPECIAL EVENTS PERMIT REQUIREMENTS; SAID AMENDMENT PROVIDING FOR REVISED GUIDELINES FOR SPECIAL EVENTS PERMIT REQUIREMENTS. WHEREAS, the City has become the location of choice for a number of activities and special events on public and private property; and WHEREAS, it is necessary to provide an orderly arrangement for the use of public facilities and resources; and WHEREAS, it is necessary to protect the public health, safety and welfare from potential problems associated with special events; and WHEREAS, it is necessary to ensure that special events do not adversely impact the quality of life of residents and visitors to the City, and the ability of local businesses to carryon their normal activities; and WHEREAS, on July 26, 1995, the Mayor and City Commission adopted Resolution No. 95-21684, approving Special Events Permit Requirements, and WHEREAS, the Administration would recommend that the Mayor and the City Commission herein approve an amendment to Resolution No. 95-21684; said Amendment incorporating revised guidelines in the City's Special Event Permit Requirements, as attached hereto and incorporated herein as Exhibit" A". 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 amend Resolution No. 95-21684, approving the City's Special Event Requirements; said Amendment providing for the attached revised guidelines for Special Events Permit Requirements. PASSED and ADOPTED this 16th day of December ,1998. A~t rCU~ CITY CLERK 1J MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION DJT\kw M:\$CMB\TEMP\SPECEVNT.RES 1i~~ 1~~.4E' Oat CITY OF MIAMI BEACH SPECIAL EVENTS PERMIT REQUIREMENTS APPLICATION PACKAGE The City of Miami Beach welcomes a wide variety of special events which enrich the community for both visitors and residents. A myriad of exciting venues exist throughout the City. From spectacular beaches to charming streets and walkways, every site offers unique attributes to complement a proposed event. Recognizing the popularity of the City of Miami Beach and its desirability as a special event location, before a permit is issued, every event is scrutinized to ensure that it is compatible with the surrounding neighborhoods and complements the ambience and aesthetics of the area in which it is presented. This package of Special Events Permit Requirements application package has been designed to help guide applicants through the process of applying for a special event permit, and to minimize disruption to the impacted surrounding environment. Applicants will also be asked to present proposed special event activities to potentially impacted neighborhood associations, which will be encouraged to comment on ehe said proposals. The City Manager will consider these comments before granting a permit. The Special Events Coordinator will assist in reviewing the requirements referred to herein to ensure a successful event. City of Miami Beach Special Events Office 1700 Convention Center Drive,4th Floor Miami Beach, FL 33139 (305) 673-7577 phone (305) 673-7063 fax email:ace@hhttp://ci.miami-beach.fl.us 1 TABLE OF CONTENTS SPECIAL EVENTS PERMIT REQUIREMENTS INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of Contents.............................................. I. SPECIAL EVENTS OFFICE ................................ A. APPLICATION AND PERMIT B. CHECKLIST C. SITEPLAN D. INDEMNITY AGREEMENT E. INSURANCE REQUIREMENTS F. SECURITY DEPOSIT OR PERFORMANCE BOND G. VEHICLE ACCESS TO BEACH H. BOOKING POLICY I. NEIGHBORHOOD ASSOCIATIONS J. COORDINATION OF CITY SERVICES II. POLICE DEPARTIIENT........................................ A. OFF DUTY POLICE SERVICES B . STREET CLOSURES C. BARRICADES & ELECTRONIC SIGNS D. PARADE REQUIREMENTS E. DEMONSTRATIONS, & FREE SPEECH ACTIVITIES III. FIRE DEPARTMENT.................... . . . . . . . . . . . . . . . . . . . . . A. OFF DUTY FIRE AND PARJIMEDIC SERVICES B. FIREWORKS PERMIT C. OPEN PIT AND BONFIRE PERMIT IV. BUILDING DEPARTMENT............... . . . . . . . . . . . . . . . . . . . . . A. BUILDING PERMITS B. AMERICANS WITH DISABILITIES ACT V. PARKS & RECREATION DEPARTIIBNT........................... A. FACILITIES & PERSONNEL B. LUMMUS PARK & LINCOLN ROAD USER FEE VI. BEACH PATROL.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII. OFFICE OF ASSET MANAGE.ENT............................... VIII. SANITATION DEPARTMENT................................... IX. PUBLIC WORKS DEPARTIIENT................................. X. PROPERTY MANAGEMENT DEPARTIIBNT.............................. XI. PARKING DEPARTMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XII. CODE CO.PLIANCE.......................................... A. FLYERS AND HANDBILLS B. NOISE PERMIT XIII. DESlCiIN REVIEW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XIV. MIAMI BEACH VCA and CAC............... XV. ADHERENCE TO REGULATIONS..................................... XVI . MIAMI DADE COUNTY........................................... A. PERMIT FOR TEMPORARY FOOD SALES B . BEACH CLEANING XVI . STATE OF FLORIDA........................................... A. DEPARTMENT OF ENVIRONMENTAL PROTECTION B. DIVISION OF STATE LANDS C. FLORIDA MARINE PATROL D. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO E. FLORIDA DEPARTMENT OF TRANSPORTATION XVI. FEDBRAL GOVERNMENT........................................... APPBNDICBS: : DIRECTORY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CHECKLIST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . QUESTIONNAIRE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . INDBMNITY AGREEMENT.................................. APPLICATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Page(s) 1 2 3-6 6-8 8-9 9-10 10-11 11 11 11 12 12 12 12-13 13 13 14 14 15 16 17-18 19-20 21-22 23-25 26 CITY OF MIAMI BEACH I. SPECIAL EVENTS OFFICE A. APPLICATION & PERMIT A City of Miami Beach Special Events permit is required for any organized event which takes place on public property, or private property where such event would not normally be allowed based on zoning, Certificate of Use or Business License. The Special Events Application form must be completed and submitted not less than 90 days in advance for beach events and 60 days in advance for non-beach events. The City Manager may, in his discretion, reduce or waive the submission periods for a particular event when such waiver is found to be in the best interest of the City. The Special Events Coordinator will determine specific requirements for the event, and City Departments will determine staffing levels. The City Manager will make a final determination on an application for a permit within seven days after all Special Event requirements applicable to an event have been fulfilled. Such requirements must be fully completed no later than two (2) weeks prior to the event, including payment for City services. No refunds will be made after a permit is issued; however, payment does not constitute permission to hold the event. All approved permits must be available for inspection on site at all times. The minimum requirements for a permit are: * Completed application and a $250.00 non-refundable application fee. * $250.00 Permit Fee, refundable if application is denied. * A minimum $2,500.00 Security Deposit. * An original notarized completed Indemnity Agreement. * Certificate(s) of Insurance. * Site plan of event, showing all temporary installations, in relation to the surroundings. * Completed questionnaire describing the event. B. CHECKLIST Once the application, fees, and site plan have been submitted, the Special Events Coordinator will indicate the specific requirements the applicant will need and the time frame for completing these requirements. C. SITE PLAN A site plan must show a detailed diagram of the event including: the location of concession booths, portable toilets, dumpsters, public, emergency and accessible routes, location of stages and entertainment and orientation of loudspeakers, locations for electricity and water, and other relevant elements. Once the site plan is approved it cannot be altered without the prior consent of the City. 3 A preliminary site plan for beachfront events shall be submitted not less than 90 days prior to the event. A narrative describing all temporary installations must be attached for beachfront events. "Beachfront" is described herein as seaward of the Coastal Construction Control Line. A final site plan for beachfront events must be received not later than 60 days prior to the event. D. INDEMNITY AGREEMENTS An Indemnity Agreement must be executed and notarized with an original signature and the company seal must be affixed to the document. E. INSURANCE REQUIREMENTS The City of Miami Beach must be named as an additional insured and policy holder on all insurance certificates, issued for the event. All insurance policies must be issued by companies that are authorized to do business in the State of Florida, and have a rating of B+VI or better in the current edition of Best's Key Rating Guide. The Certificate of Insurance must state the time, date, location and name of the covered event, including set-up and break-down day(s), date(s), and time(s). The Certificate of Insurance must be approved by the City's Risk Manager. Once approved, the Certificate will be kept on file in the Risk Management Division. The City of Miami Beach reserves the absolute right to increase these requirements, as necessary, to protect the interests of the City, including an increase in the amount and type of coverage required, depending upon the scope and nature of the special event. COMMERCIAL GENERAL LIABILITY Commercial General Liability insurance, on an occurrence form, must be obtained in the amount of at least $1,000,000 per occurrence for bodily injury, death, property damage, and personal injury. The policy must include coverage for contractual liability. WORKER'S COMPBNSATXON AND BMPLOYBR'S LXABXLXTY Contractors must submit proof of Workers' Compensation and Employer's Liability in the form of a Certificate of Insurance which shall be submitted. All other State regulations apply. LIQUOR LIABILITY If alcoholic beverages are to be sold or served at the event, Liquor Liability Insurance must be obtained in the minimum amount of $1,000,000 by the group or individuals selling or serving the alcoholic beverage. The sale of alcoholic beverages must be in compliance with the Liquor Control Regulations of the City of Miami Beach Zoning Ordinance (Ordinance No. 89-2665), as amended. F. SECURITY DEPOSIT OR PERFORMANCE BOND A minimum deposit of $2,500.00 will be required no later than 30 days in advance. Depending upon the scope and nature of the proposed event, the City, at its discretion, may require a security bond, letter of credit, or a cashier's check 4 made payable to the City of Miami Beach, in such an amount as shall be determined by the City. Based on the scope and location of the event, a pre and post event site inspection may be conducted by the applicant and appropriate City personnel to determine existing conditions and evaluate damages, if any. Any outstanding balance or fines owed to the City of Miami Beach, its employees, Departmental or Facility charge/expense, damage, repair or replacement cost(s), et. al., will be deducted from the security deposit or performance bond. Any amount exceeding the security deposit will be cause for non-acceptance of any application in the future. Such applications will not be considered until all accounts receivable are paid in full. No Special Events Permit will be issued until all delinquent payments for any License Fee, Code Enforcement Lien, Special Assessment Lien and/or any other debt or obligation due to the City under State or local law has been paid in full. G. BEACH VEHICLE ACCESS TO THE BEACH Certain events taking place on the beach may require vehicular access to the beach. There is a vehicle access fee of $150.00, per vehicle, per event. An Access Permit will be issued by the Special Events Office and must be displayed on the windshield of any vehicle on the beach. All such vehicles must be escorted on/off the beach by either City of Miami Beach Off Duty Police or Beach Patrol or such other personnel under the employ of the special event producer and acceptable to the City. H. BOOKING POLICY A special event shall not be booked which would otherwise interfere with a previously scheduled activity or repair work scheduled for a site. An event should also not interfere with any other scheduled event. Public locations are usually booked on a first-come, first-served basis, but a priority will be given to pre-established, annual events. The City does not offer multi-year permits. In no case shall a permit be issued for more than four (4) consecutive days or (5) non-consecutive days during the course of a calendar year. A separate special events permit shall be required for each individual venue of a multi-venue event. If the application is for entertainment taking place on public property designated under a sidewalk cafe license, the restriction of five (5) non- consecutive dates will be waived and only one (1) annual special events permit fee will be required. Conditions, such as temporary suspension of operation, modification of hours of operation, and audio levels will be regulated by the Special Events Office and these conditions may vary during the year. Rides, Amusements -- The City of Miami Beach does not allow for profit carnivals, amusement parks, or carnival-related amusements. I. NEIGHBORHOOD ASSOCIATIONS Events planned in the City of Miami Beach are subject to review by the corresponding neighborhood association(s). These neighborhood associations include, but are not limited to: South Pointe Advisory Board, Collins Park Events Committee, Espanola Way Association, Lincoln Road Marketing, Inc., Lincoln Road Mercantile Association, Forty-First Street Partnership, North Beach Development Corporation, Ocean Drive Improvement Association and the Washington Avenue 5 Association. Applicants will be required to present their plans for review by the appropriate neighborhood association. Comments from the respective associations stating its position on the proposed event should be submitted to the Special Events Office at least 30 days prior to the event. The City Manager may consider recommendations from these associations in determining whether to grant a special events permit or what conditions to impose upon granting of the permit. Notwithstanding the foregoing, the City of Miami Beach, through the City Manager, reserves the right to approve, deny and/or revoke any special event permit. Permits may not be transferred, assigned or sublet, without prior written approval of the City of Miami Beach. The final decision for authorization of a City of Miami Beach Special Events Permit remains with the City Manager. In the event of a lack of consensus between the neighborhood association and the City Manager regarding approval of a permit, the matter may be brought before the Mayor and City Commission for consideration at its next scheduled meeting, time permitting. If approval of the proposed event is delayed such that the event cannot be held on the date(s) and time(s) specified in the permit application, or if the event is not approved at all,the City of Miami Beach will not be held liable for any expense(s),losses,or liabilities or other inconveniences incurred by the applicant as a result of same. J. COORDINATION OF CITY SBRVICBS Special events often require the hiring of City of Miami Beach employees. Staffing levels will be determined by the City of Miami Beach Administration, with recommendations from the relevant Department Directors. Fully paid receipts/invoices for required City services and equipment rental must be submitted to the Special Events Office no less than two (2) weeks prior to an event. Any additional services rendered by the City for the event will be charged to the applicant and may be deducted from the security deposit. When City personnel are employed, there will be a four (4) hour minimum charge rendered by the appropriate Department to compensate each employee engaged by the applicant. Depending upon the scope and nature of an event, the City may require the applicant to hire a City employee as an overall On-Site Coordinator, whose responsibility will be to ensure that all services are provided, the event runs smoothly, and that all State, Federal and municipal rules, regulations and ordinances are complied with. This employee will act as the City Manager's designee at the event and will have the authority to make both on and off-site decisions regarding the event. II. POLICE DEPARTMENT A. OFF DUTY POLICE SERVICES Depending upon the type of special event and estimated attendance, off duty police personnel may be required. Public Safety & Crowd Control -- The City of Miami Beach may require off duty police personnel for crowd control, traffic control and general security during the event. The number of police personnel is dependent upon the type of event, date of event, time of event, location of event, the site plan for the event, the type of entertainment during the event, whether alcohol is consumed at the event, and the estimated attendance at the event. Overnight & Backstage Security -- Applicants may contract, at their own expense, 6 for off-duty police services or with private security guards for overnight and backstage security concerns. On-stage security will be handled by private security at the applicant's expense. Marine Patrol -- All water-based special events, or those activities likely to attract crowds to or near the water, must provide prior written notice to the Miami Beach Police Marine Patrol. Certain events may require off-duty services and equipment from the Marine Patrol, at the expense of the applicant. Police Escorts for Entertainment -- If so requested, the City of Miami Beach may supply police motorcycles or car escorts for entertainers. This service must be arranged in advance of the event and must be listed in the proposal for the event. The cost for this service is at the applicant's expense, unless the City determines otherwise. Cost of police personnel is dependent on the number and rank required. As a general rule, if four or more officers are required, one must be a supervisor (sergeant or above). Larger contingents of officers may require additional police supervisors. Payment for off duty police services is required to be paid in full no less than two (2) weeks in advance of the event. The final determination of Police security will be decided by the Chief of Police or his designee. B. STREET CLOSURES Certain streets within the City of Miami Beach may be temporarily closed to limit or exclude vehicular and/or pedestrian traffic prior to, during, and after any special event. Depending upon the location, additional approval may be required from Miami Dade County or the State of Florida. The City, in its discretion, may also require applicants to provide "sign-offs" showing approval from a majority of landlords and/or residents or their group representatives whose direct vehicular access to buildings will be affected by the proposed closure. Regardless of the jurisdiction, street closures must first be approved by the Chief of Police and final authority is retained by the City Manager. Notwithstanding the foregoing,the City recognizes the intrinsic historical, social,and cultural significance and importance of certain longstanding special events held continuously, on an annual basis, within the City. In recognition of such traditional longstanding events, special events in continuous annual operation since 1985 are herein deemed "grandfathered in" and shall not be subject to this "sign-off" requirement. In closing a State street (i.e., Collins Avenue, 41st Street, Alton Road and Harding Avenue) prior approval is required by the City of Miami Beach Chief of Police and City Manager. The application must be processed at least 30 days prior to the event. The completed application must then be forwarded to the Florida Department of Transportation (FDOT)to receive its permit. DOT must receive application at least 30 days prior to the event to be considered for approval. In order to close a County street (i.e., Venetian Causeway/17th Street) the application will be forwarded to the Dade County Public Works Department by the Miami Beach Police Department at least 30 days in advance. 7 C. BARRICADBS & BLBCTRONIC SIGNS Barricades and electronic directional signs may be required, depending upon the location and/or site plan of the event, to cordon off the surrounding areas or to close streets to vehicular traffic. The number and location of barricades will be determined by the City of Miami Beach Police Department. The rental cost of barricades and electronic directional signs will be incurred directly by the event producer. Payment is the sole responsibility of the applicant, as is actual set-up and removal of barricades on the event date(s) . D. PARADB RBQUIRBKBNTS Miami Beach City Code Section 106.346. defines "Parade" as any march or procession consisting of persons, animals, vehicles or any combination thereof, traveling upon any public way, within the territorial jurisdiction of the City. Pursuant to this Code Section, a separate permit to hold a parade must be obtained from the Chief of Police. The permit application must be filled not less than 15 days nor more than 90 days prior to the day on which it is proposed to be held, and simultaneously copied to the Special Events Office. The Chief of Police may revoke a parade permit at any time he determines the parade is to be conducted or is being conducted in violation of the terms of issuance. Any applicant aggrieved by the Chief's decision may appeal it to the City Manager. B. DBKONSTRATIONS, PICKETS AND FRBB SPBBCH ACTIVITIBS Demonstrators have the constitutional right to assemble and speak in a peaceful and orderly manner. Demonstrations and pickets are those activities which are generally performed in public in support of or against a person, cause or and which may have the potential for disruption. Organizers of such events are asked to submit an application, site plan, and to notify the City of Miami Beach Police Department Patrol Division Commander of their intentions, and to provide details of the planned activity in order to insure safety for all concerned. If requested by the Special Events Office, a copy of an approved Police plan should be provided. There may be instances where the nature of the demonstration and/or the number of demonstrators or picketers will require restrictions in order to protect the health, safety and welfare of every citizen by means of providing crowd control, traffic control and general security to the public. III. FIRE DEPARTMENT A. OFF DUTY FIRB & PARAMBDIC SBRVICBS Depending upon the type of event and estimated attendance, Off Duty Fire Rescue personnel may be required at the expense of the applicant. As a general rule, one paramedic for up to 5,000 people and two paramedics for up to 10,000 people, and a rescue unit for over 10,000 people, which consists of 2 paramedics and a team leader, are required. The final decision for the number of Fire Rescue/Prevention personnel required will be determined by the Fire Chief or his/her designee. B. FIREWORKS PBRMIT 8 Events featuring a public fireworks display must obtain a fireworks permit from the City of Miami Beach Fire Department. A written request for the permit must be submitted to the Fire Department at least 30 days prior to the event and approved no later than 11 days prior to the event. Following approval of the permit, a site inspection will be made by the Fire Prevention Bureau. A minimum of two (2) fire fighters will be required to be on- site from the time the fireworks are delivered at the site, until termination of the display and the removal of all fireworks and debris from the site. Police officers may be required, depending upon site security. Payment for required fire and police personnel will be the sole responsibility of the applicant and must be made two (2) weeks prior to the event. A Comprehensive General Liability or Fireworks Display Liability Insurance policy must be obtained by the firm or individual responsible for setting up and setting off the fireworks. See insurance section for language and rating requirements. C. OPEN PIT AND BONFIRE PERMIT Separate permits are required for open pit and bonfires. Applications for a permit may be obtained from the Fire Department, and must be approved and paid to the City of Miami Beach at least two (2) weeks prior to the event. These activities will require hiring off-duty fire personnel. IV. BUILDING DEPARTMENT A. BUILDING AND ELECTRICAL PERMITS Pursuant to the South Florida Building Code, a building permit and/or an electrical permit must be issued by the City of Miami Beach Building Department for all special events involving temporary construction or the use of temporary electrical power. Examples of temporary construction include, but are not limited to: freestanding tents, stages, fences, platforms, and bleachers. A copy of the Building Permit must be presented by the applicant to the City'S Special Events Office at least two (2) weeks prior to the event. B. AMERICANS WITH DISABILITIES ACT All special events must be designed and operated in a manner to be in Compliance with Section 553, Florida Statutes (The Florida Accessibility Code) The following checklist is provided for guidance as to how compliance must be achieved: * For portable bathroom facilities, a minimum of one of the facilities, must be wheelchair accessible and meet applicable codes. The proper accessible portable toilet to use is the "Dade County ADA" model. * All accessible pedestrian routes from accessible parking to the event must be equipped with curb cuts or temporary ramps. All ramps must meet applicable codes. * Additional disabled parking must be provided and staffed. A disabled parking area must be designated and located near to the main entrance and accessible to pedestrian routes. Necessary signs must be provided to indicate this parking area. An accessible shuttle may be used for remote parking ares. 9 * All displays and exhibits must be located on accessible routes with no physical encroachments that are 44 inches in width to allow clearance for wheelchair attendees. All display items should be located no higher than 48 inches to allow a parallel approach by a person in a wheelchairifor forward approaches, the maximum height must be 48 inches. Vendors who cannot meet these standards must be willing and available to accommodate patrons who are disabled by coming out from the booth when assistance is required. Displays, events and concessions should be set up on existing hard surfaces where possible, and areas with tree roots and rough terrain are to be avoided when only grassy area are available. * All flyers and written promotional materials for the event should be made accessible to people with disabilities, including those with hearing and visual impairments. It is recommended that the following statement be included on promotional materials:"Call [your number followed by word "voice"] to request material in accessible formati sign language interpreter (5 days in advance), or information on access for persons with disabilities". Sign language interpretive services must be provided when properly requested five days in advance of the event. * For performers who are disabled, all stages, showmobiles and dressing areas must be accessible. * All ADA considerations must be identified detailed on the site plan. The site plan will be submitted to the Building Department Accessibility Plan Reviewer for approval. v. PARKS AND RECREATION DEPARTMENT PACILITIES AND PERSONNEL Many City of Miami Beach recreation facilities, amphitheaters, and parks are available for rent for special events, and have specific fees, based upon hours of usage, including setup and breakdown times. Rental payments for such facilities must be made two weeks prior to the event. Proof of payment must be submitted to the Special Events Office. Applicable user criteria will be available for park venues through the Parks, Recreation and Culture Department. Depending upon the venue, nature and scope of the event, a City of Miami Beach Parks employee may be required. A City facility (e.g., a building) used for a special event must be staffed by a City employee. Payment for the staffing is the sole responsibility of the applicant, and must be received no later than two (2) weeks in advance of the event. LUMMUS PARK AND LINCOLN ROAD USER PEE For events east of Ocean Drive, in Lummus Park and the beachfront, between 5th and 14th Street, a Special Events Impact Fee will be imposed. This supplementary user fee will be calculated at the rate of twenty-five (25%) percent of the total cost of City services and fees for the event, with a cap of $10,000. These funds will be used exclusively for landscape enhancement of Lummus Park.Due to the fragility of underground sprinkler systems in Lummus Park, Parks Department personnel will be required to escort any vehicles in and out of this area. For events taking place on Lincoln Road, or Lincoln Lane, a Special Events Impact Fee will be imposed. This supplementary user fee will be calculated at the rate of twenty-five (25%) percent of the total cost of City services for the event, with a cap of $10,000. These funds will be used to enhance Lincoln Road. Due to the fragile and pedestrian nature of Lincoln Road, no motor vehicles are allowed between Washington and Lenox Avenues. 10 Notwithstanding the foregoing,the City recognizes the intrinsic historical, social,and cultural significance and importance of certain longstanding special events held continuously, on an annual basis, within the City. In recognition of such traditional longstanding events, special events in continuous annual operation since 1985 are herein deemed "grandfathered in" and shall not be subject to this user fee. VI. BEACH PATROL Depending upon the location and type of event, estimated attendance, and hours of operation, off-duty lifeguards may be required. The number of lifeguards will be determined by the Captain of the City's Beach Patrol. VII. OFFICE OF ASSET MANAGEMENT: BEACH CONCESSIONS The City of Miami Beach currently has individual agreements with beachfront concessionaires who make monthly payments to the City. Any events having beachfront vending will be required to enter into a written agreement with the City's Office of Asset Management. Under the terms of an agreement between the City of Miami Beach and Penrod Brothers, Inc. (Penrod's), there exists exclusivity for rental of beach equipment, water and recreational equipment, food and beverage service on the beachfront East of the coral rock wall at Pier Park (Biscayne Street to First Street), Ocean Front Park (Second to Third Street) and Lummus Park (from Fifth to Fourteenth Street). Any proposed special event to be held on the beach within Penrod's jurisdiction is subject to review by Penrod's, which may choose to operate the concessions. Notification to Penrod's by the applicant must be in writing at least 60 days prior to the event. A copy of the applicant's agreement with Penrod's or a letter of release from Penrod's must be submitted to the City Special Events Office at least 30 days prior to the event. Non-Penrod'. Are..: Licenses to operate beachfront concessions have been issued to certain upland property owners from 15th to 83rd Streets. Arrangements with these concessionaires must be made in writing and submitted to the Special Events Office at least 30 days prior to the event. VIII. SANITATION DEPARTMENT Special event producers are solely responsible for cleaning the area during and after the event. Should the applicant choose, the City of Miami Beach will provide personnel for this function. The cost of the cleanup will be calculated by the City, and will include dumping fees and equipment rental. Should an alternate cleaning service be contracted, the applicant shall be responsible for obtaining all necessary dumpsters. All arrangements and removal of garbage, trash,and other debris are the sole responsibility of the applicant. A City permit authorizing placement of dumpsters must be obtained through the Sanitation Department, and submitted to the Special Events Office no less than two (2) weeks prior to the event. Applicants are required to meet sanitation standards to assure an adequate number of litter containers are on-site, and must encourage guests to comply with the City of Miami Beach's anti-litter efforts. Glass containers and plastic straws are prohibited. Recycling efforts are encouraged. Applicants shall ensure that the site is returned to its original condition within twenty four hours. Failure to clean up after the event will result in a fine issued to the event producer, as well as additional charges for City Services. 11 IX. PUBLIC WORKS DEPARTMENT Right-of-Way Permit-- A Right-of-Way permit must be obtained when there is anchoring to or excavation of any City property. The method of anchoring or location of any excavation may be denied or altered by the City based on potential hazards to existing utilities. The cost for said permit will be based upon City ordinances concerning work on the right-of-ways and may include a cash bond based on estimated potential damage to City property. Proof of financial ability to cover estimated damages must be submitted to the Special Events Office. For events occurring on City streets or sidewalks, an inspector from the Public Works Department will inspect the area in question prior to the event for any hazards, potholes or damaged fixtures. Any problems will be repaired or noted. A visual inspection will take place following the event to identify any damage to City property caused by the event. X. PROPERTY MANAGEMENT Based on the electrical, engineering and or plumbing impact of a special event on City property, the applicant may be required to hire a City electrician, engineer or plumber. An applicant may be required to hire an attendant to facilitate public restroom maintenance and supplies during an event. These services may be contracted independently or through the Property Management Department. Proof of payment must be submitted to the Special Events Office at least two (2) weeks prior to the event. XI. PARKING DEPARTMENT OVERALL PARKING PLAN A comprehensive Parking Plan which identifies where parking is to be provided for event staff, equipment vehicles, and event participants must be developed, in writing, and approved by the City of Miami Beach Parking Director. Public Parking resources may be supplemented with privately owned parking areas to accomplish this Plan. All fees incurred through use of Parking Department resources must be pre-paid in full no later than two(2) weeks prior to the event. XII. CODE COMPLIANCE A. SIGNS (FLYBRS) &: BAND BILLS The City of Miami Beach prohibits the distribution of flyers, hand bills or stickers. Fines of $50 for each sign (flyer) or handbill and a $23 removal charge per sign will be imposed by Code Compliance for violations on public property. A $50 fine for each handbill placed on automobile windshields will be imposed by the Code Compliance Department. B. Noise Ordinance The City of Miami Beach prohibits unreasonable and disruptive noise that is clearly incompatible with the normal activities of certain locations at certain times. The Miami-Dade County Noise Ordinance (Ordinance) is applicable and enforceable to both public and private property within the City. The Ordinance makes it unlawful for any person, to make, continue or cause to be made any loud, excessive or unusual noise. If the excessive noise occurs between the hours of 11:00PM and 7:00AM in such manner to be plainly audible at a distance of 100 feet from the building, structure or vehicle in which it is located,this shall be prima facie evidence of a violation of the Ordinance. If a noise violation occurs, the enforcing Code Compliance Officer will require 12 that the noise be lowered to an acceptable level. Failure to do so, or if a second violation is confirmed within one 24 hour period, will result in the Police Department being notified. The Police Department has the authority to make an arrest. Also, failure to comply with a request from the Department of Code Compliance or the Police Department concerning violation of the Ordinance may result in the immediate revocation of a special events permit. Noise Permit -- When an applicant seeks to hold an event and has met all of the City'S requirements for obtaining a special events permit, and the event cannot be performed or held in a manner to comply with the Ordinance, the applicant must obtain a Special Events Noise Permit. This must be obtained at least 30 days prior to the event. The City Manager may authorize said permit to allow noise prohibited under the Ordinance, provided it does not endanger the health, safety or welfare of the neighborhood. The permit may include any reasonable conditions necessary to minimize adverse effects upon the community. These conditions will be determined and monitored by the City Manager or his designee. Noise Permits may be issued only in conjunction with a Special Events Permit. A Noise Permit fee in the amount of $250.00 per day must be paid at least 30 days prior to the event. XIII. DESIGN REVIEW Special Event Banners and Billboard Signs -- Up to five (5}banners or billboard signs with a maximum size of 4'x8'may be approved for placement in designated public locations in the City of Miami Beach. Permits may only be requested for events that are sanctioned by the City of Miami Beach through funding support from the Miami Beach Visitor and Convention Authority or the Miami Beach Cultural Arts Council that are to be held on public property. These signs are required to have Design Review approval from the Planning and Zoning Department. To obtain a permit, an application is submitted to the Planning and Zoning Department, no later than 60 days prior to the event. A Building Department permit is also required prior to installation. Street Banners allowed. Event advertising banners hung across the street are not Lightpost Banners -- Lightpost banners are permitted when approved by Design Review and the Mayor and City Commission. The application process begins at the Planning and Zoning Department for Design Review approval no less than 90 days in advance of the special event. Lightpost banners on State roads (i.e. 5th Street, Collins Avenue, 41st Street, etc.) require an additional permit from the Florida Department of Transportation. Event Signage -- Sponsorship banners and signage are allowed within the designated event site only and may be displayed only during the event. Banners must be immediately removed from the site following the event. XIV. THE MIAMI BEACH VISITORS AND CONVENTION AUTHORITY AND CULTURAL ARTS COUNCIL The City of Miami Beach does not directly fund special and cultural events. The Miami Beach Visitor and Convention Authority (VCA) and the Miami Beach Cultural Arts Council(CAC) utilize City funds for the purpose of special and cultural event funding. An application for funding to either the VCA and/or the CAC shall not constitute either expressed or implied approval for an event permit from the City of Miami Beach. Should the VCA or CAC fund an event,the appropriate logo shall be incorporated in all event print advertising or promotional materials. 13 XV. ADHERENCE TO REGULATIONS The City of Miami Beach reserves the right to provide services that it believes are necessary and sufficient to safeguard and ensure the health, safety and welfare for all participants, visitors, businesses, staff and general citizenry. All arrangements for services or facilities, shall be staffed and paid for at least two (2) weeks prior to the event. An applicant's budgetary constraints cannot dictate staffing levels required for public safety. In addition to compliance with all applicable Federal, State and County regulations, the applicant shall comply with all City Ordinances. Any other permits as may be required by the City of Miami Beach, Miami-Dade County, the State of Florida, or the Federal Government, must be adhered to. It is the soleresponsibility of the applicant to obtain all permits and comply with all requirements, including but not limited to those described herein. The City Manager or his designee has the authority to alter or end an event at any time it is determined necessary to assure the continued safety, health and welfare of the City's residents and visitors. Lack of compliance with the City Manager's directives, including, but not limited to, audio volume and adherence to site plan, shall be sufficient cause to warrant an event's closing. The City of Miami Beach, under no circumstances, guarantees, warrants or represents that the issuance of a special events permit by the City exempts the event from obtaining any permits or complying with any requirements which may be required currently or in the future by any Federal, State or local authorities. Issuance of a required Federal, State, or local permit does not authorize permission to hold an event. A City of Miami Beach Special Events Permit must be issued and will constitute authorization from the City to hold the activity. All pre-payment schedules for City services are due, as indicated, except the City reserves the right to waive this requirement for events which have an exemplary prompt payment history with the City established over the course of at least five (5)years. XVI. IIIAIlI DADE COUNTY A. Permit for Temporary Food Sales -- The Miami Dade County Department of Business and Professional Regulations, Division of Hotels & Restaurants sets forth rules and regulations for safe operation of temporary food service establishments. To obtain the necessary permits, sponsors applicants must notify the Department of Business and Professional Regulations no later than three(3) business days before scheduled events. A License fee for 1-3 day event is $40.00 per vendor. B. Beach Cleaning -- Applicants desiring use of the public beach may arrange with the Miami-Dade County Parks Department for the cleaning of the beach, prior, as well as after, the event, as necessary. A cost estimate will be provided by Miami-Dade County, and a deposit may be required. Proof that clean-up arrangements have been made must be submitted in writing to the Special Events Office at least two (2) weeks prior to the event. 14 XVII. STATE OF FLORIDA A. Department of Environmental Protection, Division of Beaches and Shores -- If an event is to be held on the beach, a State Field Permit is also necessary for all temporary non-portable structures on the beach, East of the Coastal Construction Control Line. This would include, but not be limited to, the following types of structures: stages, fences, tents, lighting and sound systems. A detailed site plan and written narrative description of all installations must be submitted to the Special Events Office no later than 60 days prior to the event. A fee of $300 for the State Field Permit shall be made payable to the City of Miami Beach. Florida Statutes, Chapter 161, calls for the protection of beach dune systems and impose fines for damage caused to the natural dune systems along the Beach. It is the responsibility of the applicant to provide adequate security measures to ensure protection of the dune area from damage which may be caused by an event. B. Division of State Lands -- Depending on the type and nature of the event(s), the Division of State Lands has the right to negotiate a separate use agreement with the special event producer and will charge for the use of the land. This fee may include a contribution to the State Lands Trust Fund, as well as a use fee, and would require State of Florida Cabinet approval. C. Florida marine Patrol -- Any type of water activity held within the City of Miami Beach must give notice to the Florida Marine Patrol. Notice must be in the form of a letter with a copy to the City of Miami Beach provided no less than two (2) weeks in advance of the event. D. Division of Alcoholic Beverages and Tobacco -- If the event is being produced by a not-for-profit organization and it desires to sell alcohol, the organization must apply for a temporary liquor license from the State of Florida, Division of Alcoholic Beverages and Tobacco under Florida Statute 561.42. In order to obtain the license from the State, a letter of authorization must be obtained from the City of Miami Beach. Prior to the issuance of this letter the following must be submitted: * Certificates of all applicable insurance including, general liability and liquor liability. * A completed Indemnity Agreement. * A signed letter on letterhead from the non-profit organization agreeing to have the temporary liquor license in the organization's name. E. Florida Department of Transportation - Lightpost Banners -- Banners proposed to be placed on state road lightposts require an additional permit from the Florida Department of Transportation following Design Review approval from the City's Planning and Zoning Department and approval from the Miami Beach City Commission. Depending upon the scope and nature of the event(s), additional State permits may be required. 15 XVIII. FEDERAL GOVERNJIKNT A. Pedera1 Aviation Administration -- Any type of unusual air activity above the City of Miami Beach planned in conjunction with a special event which has the potential to disrupt commercial air traffic must be approved by the Federal Aviation Administration. Approval will be requested through the City of Miami Beach Administration on the applicant's behalf. B. Coast Guard -- Any individual or organization planning to hold a regatta or marine parade which, by nature, circumstances or location, will introduce extra or unusual hazards to the safety of lives on the navigable waters under the jurisdiction of the U.S. Coast Guard shall submit an application to the Coast Guard District Commander having jurisdiction of the area where it is intended to hold such regatta or marine parade. Examples of conditions which are deemed to introduce extra or unusual hazards to the safety of life include, but are not limited to: an inherently hazardous competition, possible effect on the customary presence of commercial or pleasure craft in the area, any obstruction of navigable channel which may reasonably be expected to result, and the expected accumulation of spectator's craft. Where such events are to be held regularly or repeatedly in a single area by an individual or organization, the Commandander or the District Commander may. subject to conditions set from time to time by him/her, grant a permit for such series of events for a fixed period of time, not to exceed one (1) year. The application shall be submitted no less than 30 days prior to the start of the proposed event. The application shall include the following details: 1) Name and address of sponsoring 2) Name, address, and telephone event. 3) Nature and purpose of the event. 4) Information as to general public interest. 5) Estimated number and types of watercraft participating in the event. 6) Estimated number and types of spectator watercraft. 7) Number of boats being furnished by sponsoring organizations to patrol organization. of person or persons in charge of the event. 8) A time schedule and description of events. 9) A section of a chart or scale drawing showing the boundaries of the event, various water courses or areas to be utilized by participants, officials, and spectator craft. 16 APPLICANT CONTACT DIRECTORY Organil&ation Address &: Phone Contact 41st Street/Middle Beach c/o DDHP contact: Lynn Bernstein Partnership 1700 Convention Center Dr. Miami Beach, FL 33139 (305) 673-7295 ph (305) 673-7772 fax Lincoln Road Marketing, c/o Lisa Liotta @IEA contact: Lisa Liotta Inc. Special Events 1111 Lincoln Road Suite 800 Committee Miami Beach, Fl 33139 305-538-8558 305-531-1017 North Beach Development 300 71st Street contact: Don Shockey Corp. Suite 502 Miami Beach, FL 33141 (305) 865-4147 ph (305) 865-4175 fax Ocean Drive Improvement 760 Ocean Drive contact: Al Feola Association Miami Beach, FL 33139 (305) 531-9478 ph (305) 531-6749 fax South Pointe Advisory Board c/o DDHPS contact: Marla Dumas 1700 Convention Center Dr. Miami Beach, FL 33139 (305) 673-7193 ph (305) 673-7772 fax Washington Avenue/Espanola c/o MBCDC contact: Jeff Bechdel Way Association 1205 Drexel Avenue Miami Beach, fl 33139 (305) 538-0090 ph (305) 538-2863 fax Lincoln Road Mercantile 1654 Meridian Avenue contact: Adrian Gonzalez Association Miami Beach, Fl 33139 (305) 672-8707 ph (305) 674-1111 fax City of Miami Beach 1700 Convention Center Dr. contact: Evie Sanchez Building Services Miami Beach, FL 33139 Department (305) 673-7610 ph (305) 673-7857 fax City of Miami Beach Code 1700 Convention Center Dr. contact: Al Childress Compliance Division Miami Beach, FL 33139 (305) 673-7555 ph (305) 673-7543 fax City of Miami Beach Fire 2300 Pine Tree Drive contact: Sean Calpini Department Miami Beach, FL 33140 Fire Prevention Bureau (305) 673-7123 ph (305) 673-7881 fax City of Miami Beach Parking 777 17th Street, 2nd FL contact: Thedia Carriea Department Miami Beach, FL 33139 (305) 673-7505 ph (305) 673-7853 fax 17 City of Miami Beach 1700 Convention Center Dr. contact: Mercy Lamazares Planning & Zoning Miami Beach, FL 33139 Department (305) 673-7550 ph (305) 673-7559 fax City of Miami Beach Police 1100 Washington Avenue contact: Sgt Bill Young Department (Off Duty) Miami Beach, FL 33139 (ext. 5206)or Ken Miller (305) 673-7776 ext 5206 (ext 5317) (305) 673-7854 fax City of Miami Beach 1245 Michigan Avenue contact: Brad Judd Property Management Miami Beach, FL 33139 (305) 673-7630 ph (305) 673-7963 fax City of Miami Beach Public 1700 Convention Center Dr. contact: Carl Ford Works Department Miami Beach, FL 33139 (305) 673-7620 ph (305) 673-7647 fax Dade County Department of 8675 N.W. 53 Street, Suite Contact: Leo DiBenigno Solid Waste Management 201 Miami, Florida 33166 (305) 594-1646 ph (305) 594-1585 fax Miami Dade County Parks 7929 Atlantic Way contact: Jim Hoover Department Miami Beach, FL 33141 Beach Operation (305) 868-7075 ph (305) 865-4649 fax State of Florida 7955 N.W. 12th Street contact: Ray Thorpe Department of Business and Room 123 Professional Regulation Miami, FL 33166 Division of Hotels & (305) 470-5680 ph Restaurants (305) 470-6746 fax Florida State Department of 1000 NW 111 Avenue contact: Jeannie Cann Transportation Miami, FL 33172 (305) 470-5349 ph (305) 470-5369 fax State of Florida Division 8685 N.W. 53rd Terrace contact: Daisy Tejera of Alcohol, Beverage & Room 100 Tobacco Miami, FL 33166 (305) 470-6783 ph (305) 470-5074 fax 18 !TY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 tp. I lei. miami-beach. ft. us ~ITY OF MIAMI BEACH COMMISSION MEMORANDUM NO. ~j 8 TO: Honorable Ma~'or Neisen O. Kasdin and Members of the City Co , DATE:DECEMBER 16, 1998 FROM: Sergio Rodriguez City Manager SUBJECT: A RESOL I N OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 95-21684, APPROVING THE CITY'S SPECIAL EVENTS PERMIT REQUIREMENTS; SAID AMENDMENT PROVIDING FOR REVISED GUIDELINES FOR SPECIAL EVENTS PERMIT REQUIREMENTS. ADMINTSTRA TION RECOMMENDA TION Adopt the Resolution. BACKGROUND In 1988, the City Commission approved a set of requirements for any applicant wishing to hold a special event in the City of Miami Beach. In 1995, several revisions were made to these requirements. The procedures set forth in Resolution No. 95-21684 do not adequately address a variety of issues associated with the production of special events. The proposed revisions as shown in Exhibit "A" incorporate direction received from neighborhood associations, property owners, citizens groups, producers of events, affected city departments, the City's Planning Board and Neighborhoods Committee and other governmental agencies. These changes will help ensure that special event activities will be more sensitive to neighborhood compatibility and the ability of businesses to carry on their normal activities. The revisions will also serve to ensure a higher performance standard for special events producers, and limit the number of events. ANALYSIS While the City of Miami Beach welcomes a broad base of cultural and special events, It IS necessary to provide an orderly arrangement for the use of public facilities and public resources. It is also necessary to protect the public health, safety and welfare from potential issues associated with special events. It is essential to ensure that special events do not adversely impact the quality of life of residents of the City and the ability of businesses to carryon their normal activities; but rather serve as enhancements, showcasing and enriching the area of the City in which they occur. Accordingly, all proposed events are presented to the appropriate neighborhood association for review and comment prior to issuance of a special event permit. Language has been clarified and reformatted throughout the application package amending special events requirements. Highlights of the revisions are listed as follows: Agenda Item RlA I ~-ILo-C18 Date Page 3: Application and Permit A - Increase application and permit fees from $75 and $225 to a uniform $250 fee - Increase minimum security deposit from $1,500 to $2,500 Page 6: Booking Policy H - Reduce number of allowable consecutive and non - consecutive dates under one permit - Create permit process to enable entertainment at sidewalk cafe Page 6: Neighborhood Associations I - Create resolution method if dispute occurs between Neighborhood Association and City Administration Page 9: Street Closures B - Request approvals for street closures from affected property owners Page 12: Americans With Disabilities Act B - Requires compliance with new ADA regulations. Page 13: Lummus Park and Lincoln Road User Fee Page IS:Code Compliance A - Addresses Handbill Ordinance. B - Defines role of Noise Ordinance Page 16: Design Review XIII - Eliminates street banners and defines process for approval of lightpost banners Adoption of the revised requirements set forth in Exhibit "A" pertaining to special events will accomplish the purposes referenced above. To further strengthen the Special Event Permit process, the Administration recommends that the City Code be amended to add a section specifically referencing the adopted special events guidelines, including an outline of the City Manager's role in the permit process. CONCLUSION The City Commission should approve the proposed Resolution. By doing so, the quality of the special events, and the City's regulatory ability, will be enhanced. SR.M:1Q:jQ F:\~~$ALL\QUINJ\COMMIS.SE w W LL '= ~ 0:: W a.. rn I- z W > UJ ...J ~ o w a.. rn rn (/) >- ...J <( Z <( UJ 2:: I- <( 0:: <( a... ~ o o rn I:: o ~ (5 Z V V LL '0 <- "'" o -.. ~ o L:. -.. V a. -.. 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