2012-3783 Ordinance ORDINANCE NO. 2012-3783
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE
MIAMI BEACH CITY CODE, ENTITLED "ARTS, CULTURE AND
ENTERTAINMENT," BY AMENDING ARTICLE II THEREOF, ENTITLED
"SPECIAL EVENTS," BY AMENDING SECTION 12-5, "SPECIAL
EVENTS PERMITS" TO PROVIDE CLARIFICATION TO SPECIAL
EVENT APPLICANTS UNDER PROVISION (5); BY PROVIDING
ENFORCEMENT AND PENALTIES FOR THE VIOLATION OF
SECTION 12-5 AS SET FORTH IN PROVISION (9); AND PROVIDING
FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") declares that it is in the interest of the
citizens of Miami Beach to ensure that special events are compatible with the City, which is a
major and internationally recognized tourist destination; and
WHEREAS, the Administration has acknowledged and recognized that various
individuals have increased their efforts to hold special events throughout the City, which
requires specific measures to be taken in order to minimize the disruption and impact to
surrounding residential inhabitants and business entities; and
WHEREAS, the Administration has reviewed the enforcement provisions that are
applicable for special event permit violations, and is recommending necessary amendments
which shall establish appropriate fines and penalties against those individuals who violate the
requirements of Article II of the City Code; and
WHEREAS, the Administration and City Attorney's Office recommends amending the
enforcement provisions for violations of Section 12-5, which are necessary to accomplish the
above objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article II, entitled, "Special Event Permits," of Chapter 12 of the Miami Beach
City Code, entitled Arts, Culture and Entertainment, is hereby amended as follows:
CHAPTER 12
ARTS, CULTURE & ENTERTAINMENT
ARTICLE II. SPECIAL EVENTS PERMITS
II
Sec. 12-5. Special events permits.
The city manager, or the manager's designee, has the authority to issue, modify or revoke
permits for special events, in accordance with criteria set forth in this section and the special
events requirements and guidelines approved by separate resolution of the city commission.
(1) It shall be unlawful to engage in special events without a special events permit. A special
event is defined as a temporary use on public or private property that would not be permitted
generally or without restriction throughout a particular zoning district, but would be permitted if
controlled with special review in accordance with this section.
(2) Applicants wishing to hold a special event must submit a completed special event
application, including but not limited to an application form, site plan, fees, deposits, insurance
and indemnification, as, required by the special events requirements and guidelines, no less
than 60 days in advance for beach events and non-beach events.
(3) The manager, or the manager's designee may impose such fees as they determine
appropriate considering the impact of the special event on city facilities and services, including
without limitation, user fees for particular city properties, square footage rates for exclusive use
of public property, and concession agreements for paid admissions, and sale of food, beverage
and merchandise on public property. The manager may, in his discretion, reduce or waive the
submission periods, or fees for events by not-for-profit corporations, for a particular event when
such waiver is found to be in the best interest of the city.
(4) The manager or the manager's designee will determine specific requirements, and city
departments will determine minimum staffing levels, for the event consistent with the special
events requirements and guidelines.
(5) Special event appliGati Aapplicants_aFe 66i4eGt _ must present their plans
for review at a monthly Special Events Community Review meeting, and may be required to
present the special event plan to the corresponding neighborhood association in the
neighborhood .
where the special event is proposed. In the
case of events that expect 200 or more attendees and where there is no legally
constituted/recognized association, or in the discretion of the city commission, the city manager
or city manager's designee, the matter will be referred for review and recommendation to the
city planning board.
(6) The city manager, or the manager's designee, will make a final determination on an
application for a permit within seven days after all special events requirements applicable to an
event have been fulfilled, with appropriate extensions of such deadline to allow for scheduling of
neighborhood association or planning board meetings. All requirements must be fully completed
no later than two 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.
(7) Special events requirements and guidelines. The city commission may adopt special
events requirements and guidelines as they pertain to special events being held in the city. The
manager may authorize amendments to the requirements and guidelines proposed by the
administration, consistent with the intent and purpose of this section, or may present such
amendments to the city commission for approval, by resolution.
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(8) Conflict with noise provisions. The city manager or the manager's designee, may issue a
permit that authorizes a special event in conflict with chapter 46, article IV, of this Code, or other
applicable noise ordinance, only where the applicant has met all of the city's requirements for
obtaining a permit as prescribed in this section and the requirements and guidelines, and the
special event cannot be performed in compliance with the applicable noise ordinance. Such a
permit must specify the precise manner by which the noise ordinance may be exceeded, by
what duration, and at what locations. Such permit authorization may be modified or revoked if in
the discretion of the manager, or designee, the authorization excessively negatively impacts the
surrounding neighborhood. Having a permit shall not relieve the permit holder from compliance
with all other applicable local, county, state or federal laws.
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(9) Enforcement and Penalties.
(a) Civil fine for violators. The following civil fines ahaA-must be imposed for a violation of
this section:
(1) First offense within a 12 month period shall-must be a fine of$1000.00;
(2) Second offense within a 12 month period sha4--must be a fine of
2500.00'
(3) Third offense and subsequent offenses within a 12 month period sly
must be a fine of$5000.00.
(b) Enforcement. The Code Compliance Division or the Miami Beach Police
Department,- shall enforce the provisions of this section. This shall not preclude other
law enforcement agencies or regulatory bodies,- from any action to assure compliance
with this section, and all applicable laws. If an enforcing officer finds a violation of this
section, the officer Pmst-may issue a Notice of Violation to the violator. The Notice of
3
Violation must inform the violator of the nature of the violation, amount of fine for which
the violator is liable, instructions and due date for paving the fine, notice that the
Violation may be appealed by requesting an administrative hearing within ten days after
service of the Notice of Violation, and that failure to appeal the violation within the ten
days, shall constitute an admission of the violation and a waiver of the right to a hearing.
(c) Rights of violators; payment of fine; right to appear; failure to pay civil fine or to
appeal.
(1) A violator who has been served with a Notice of Violation shad-must elect to
either:
a. Pay the civil fine in the manner indicated on the Notice of Violation; or
b. Request an administrative hearing before a special master to appeal
the Notice of Violation, which must be requested within 10 days of the
issuance of the notice of violation.
(2) The procedures for appeal by administrative hearing of the Notice of Violation
shall be as set forth in sections 30-72 and 30-73.
(3) If the named violator, after issuance of the Notice of Violation, fails to pay the
civil fine, or fails to timely request an administrative hearing before a special
master, the special master s4a4-mav be informed of such failure by report from
the officer. Failure of the named violator to appeal the decision of the officer
within the prescribed time period s4a#-must constitute a waiver of the violator's
right to an administrative hearing before the special master, and must be treated
_ as an admission of the violation, which fines and penalties to be assessed
accordingly.
(4) A certified copy of an order imposing a fine may be recorded in the public
records, and thereafter shall constitute a lien upon any real or personal property
owned by the violator, which -may be enforced in the same manner as a court
judgment by the sheriffs of this state, including levy against the violator's real or
Personal property, but shall not be deemed to be a court judgment except for
enforcement purposes. After two months from the recording of any such lien that
which remains unpaid, the City may foreclose or otherwise execute upon the lien.
(5) Any party aggrieved by a decision of a special master may appeal that
decision to a court of competent jurisdiction.
(6) The Special Master shall be prohibited from hearing the merits of the Notice
of Violation or the consideration of the timeliness of a request for an
administrative hearing, if the violator has failed to request the administrative
hearing within ten (10) days of the issuance of the Notice of Violation.
(7) The Special Master shall not have discretion to alter the penalties prescribed
in subsection (9)(a).
(d) Enhanced penalties.
The following enhanced penalties must be imposed, in addition to any mandatory fines
set forth in subsection (9)(a) above, for violations of this Section:
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If the offense is a fourth offense within the preceding 12 month period of time,
in addition to the fine set forth in subsection (9)(a), the property owner, event
producer or permittee must be prohibited from receiving a Special Event
Permit for a three (3) month period of time.
If the offense is a fifth offense within six (6) months following the fourth
offense, in addition to any fine set forth in subsection (9)(a), the property
owner, event producer or permittee must be prohibited from receiving a
Special Event Permit for a six (6) month period of time. The property owner,
event producer or permittee must be deemed a habitual offender.
The City Manager may decline to issue future Special Event Permits to such
person or entity that have been deemed habitual offenders pursuant to this
section for a period of one year, or such other period of time acceptable to
the City Manager.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. SEVERABILITY.
If any section, subsection, sentence, clause, provision 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 effect the validity of the remaining portions of this ordinance.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days following adoption.
PASSED AND ADOPTED this 24th day of October , 2012.
ATTEST: `
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APPROVED AS TO
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 12, Article II of the Code of the City, by amending Section 12-5, "Special Events Permits," by amending the
procedures;and further amending Section 12-5(9),entitled"Enforcement,"; providing for codification,repealer,severability and an effective date.
Key Intended Outcome Supported:
Increase community ratings of cultural activities.
Supporting Data(Surveys,Environmental Scan,etc.):According to the 2012 Community Satisfaction Survey,nearly six out of ten residents
(57%)rated management of special events as excellent or good,yet this figure is down from 70%in 2009. Residents of South Beach/Bella Isle and
Mid Beach were more critical of management of special events. Six in ten business owners(59%)gave the City high marks for management of
special events that attract large numbers of people,this figure was down considerably from 2009(74%).South Beach business owners were most
critical of the City's ability to manage special events, as 48%gave the City fair or poor evaluations.
Issue:
Shall the City Commission amend Chapter 12,Article II of the City Code?
Item Summa /Recommendation:
The Administration has been drafting amendments to the Special Event Guidelines and Ordinance since late 2010. The City Commission referred
the subject for further discussion to the Neighborhoods and Community Affairs Committee(NCAC)at its December 8,2010 meeting. The NCAC met
on February 3,2011,and recommended additional changes to both the Ordinance and guidelines.Subsequently,concerns were raised with issues
that occurred during the Funkshion Fashion event in March 2011. The NCAC discussed these concerns at their June 3,2011 meeting. The NCAC
requested a review of the security deposit requirements as they felt they were too low for events of this nature.
Since that time,the Tourism and Cultural Development Department researched special event programs in other major cities such as New York,
Chicago and Los Angeles,and drafted additional amendments to both the Ordinance and guidelines. These changes have been presented to the
Production Industry Council and reviewed by an invited group of event producers representing a cross section of events that take place in Miami
Beach. The Neighborhoods and Community Affairs Committee reviewed the most recent draft of amendments to the Special Event Ordinance and
Guidelines at their January 30,2012 meeting.The Committee unanimously moved to take these amendments to the City Commission after being
vetted at a public meeting. The proposed amendments were subsequently presented to the Community on February 10,2012 and March 8,2012.
Public comment was very minor and primarily focused on the neighborhood review requirements and the booking policy. All comments have been
incorporated into the proposed amendments.
The Ordinance was approved on first reading on April 11, 2012. The subject was then referred to the Neighborhood and Community Affairs
Committee at the May 9, 2012 City Commission meeting. This NCAC met on July 30, 2012 NCAC and recommended in favor of the proposed
amendments.
The City Code currently requires applicants to present their special event plans to the neighborhood association corresponding to the geographic
area of the event. However,The Tourism and Cultural Development Department has subsequently instituted a recurring monthly special event
community review meeting where all members of the public are invited to participate. This meeting has become a reliable forum for the community to
receive the required information from applicants and for the City to receive feedback from the community.Therefore,the Administration has drafted
an amendment to this section of the Code that requires participation in the monthly special event community review meeting and may also require
review by the corresponding neighborhood association.
Additionally, the City has been reviewing the City Code to standardize and streamline enforcement provisions. The Special Event Ordinance is
another section that would be more appropriately addressed through a set fine schedule. A violator can elect to pay the fine as outlined in the
established fine schedule, or request an administrative hearing before the Special Master to appeal the decision of the Code Compliance Officer
which resulted in the violation being issued and still ensures that the violator is still afforded due process. This change is also reflected in the
attached amendment.
Advisory Board Recommendation:
The Neighborhoods and Community Affairs Committee reviewed the most recent draft of amendments to the Special Event Ordinance and
Guidelines at their January 30,2012 meeting,and unanimously moved to take these amendments to the City Commission after they are vetted at a
public meeting.The NCAC also discussed this item on July 30,2012 NCAC meeting and recommended in favor of the proposed amendments.
Financial Information:
Source of Funds: Amount Account Approved
1
Total
Financial Impact Summary: N/A
City Clerk's Office Legislative Tracking:
Max Sklar, Ext.6116
Sign-Offs:
Department Director d 's#stant ity Manager City ager
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AGENDA I TEIM R�D
10 I B E H DATE.
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MIAMI BEACH
City®f Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Honorable Mayor Matti H. Bower and Members of the Cit ommission
FROM: Kathie G. Brooks, Interim City Manager •
DATE: October 24, 2012 SECOND READING PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 12 OF THE MIAMI BEACH CITY CODE, ENTITLED "ARTS,
CULTURE AND ENTERTAINMENT," BY AMENDING ARTICLE II THEREOF, ENTITLED
"SPECIAL EVENTS," BY AMENDING SECTION 12-5, "SPECIAL EVENTS PERMITS" TO
PROVIDE CLARIFICATION TO SPECIAL EVENT APPLICANTS UNDER PROVISION (5); BY
PROVIDING ENFORCEMENT AND PENALTIES FOR THE VIOLATION OF SECTION 12-5 AS SET
FORTH IN PROVISION(9);AND PROVIDING FOR REPEALER,CODIFICATION,SEVERABILITY,
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
KEY INTENDED OUTCOMES SUPPORTED
Increase community ratings of cultural activities.
BACKGROUND
The City of Miami Beach has become the location of choice for a number of activities and special events in South
Florida. The Tourism and Cultural Development(TCD) Department coordinates the permitting of special events,
including review by the appropriate neighborhood association, in an effort to complement the ambience and
aesthetics of the area in which the events are presented.
TCD supports events on public property and other properties where the proposed event requires a Special Event
Permit, and is responsible for assisting producers with special events guidelines and permit requirements and the
issuance of Special Events Permits. In addition, TCD staff serves as liaison between local and regional
associations and agencies in addressing the delivery of city services, and assists neighborhood associations with
maintenance of events criteria.
A City of Miami Beach Permit is required for special events, which are defined as a temporary use on public or
private property that would not be permitted generally or without restriction throughout a particular zoning district,
but would be permitted if controlled with special review.Applications are processed on a"first come,first served"
basis unless otherwise provided for under the booking policy. Applicants must provide 60 days notice for public
use and 30 days notice for private use. The special event process is a review and approval process in which all
aspects of an event are coordinated through internal, neighborhood and permitting reviews.
In 1988,the City Commission approved a set of requirements for any applicant who wishes to hold a special event
in the City of Miami Beach. The Special Events Requirements and Guidelines("Special Event Guidelines")were
designed to help guide applicants through the process of applying for a Special Events Permit, while ensuring
minimal disruption to the impacted, surrounding environment. In 1995, via Resolution No. 95-21684, several
revisions to the guidelines were adopted, but the procedures set forth did not adequately address a variety of
issues associated with the production of special events. In 1998,via Resolution No.98-23003,the guidelines were
amended to incorporate direction received from neighborhood associations, property owners and citizen groups.
Subsequently, in 2001, Ordinance No. 2001-3302 and the corresponding Resolution No. 2001-24341 were
adopted by the City Commission, which codified the Special Event permit process and adopted separate
Page 2 of 6
October 24,2012
City Commission Meeting
Special Events Ordinance Amendment
Second Reading and Public Hearing
guidelines with procedures, requirements and criteria for the issuance of permits for special events in Miami
Beach. In July 2005, additional amendments were made to the City Code and to the Special Events Guidelines
relating to the definition of a special event, consecutive day clause, permit application deadlines, neighborhood
review and fines associated with the special event permit.
In 2008,via Resolution 2008-26908, additional amendments to the Special Event Guidelines were made pursuant
to direction from the Finance and Citywide Projects Committee. To generating additional revenue for the City, a
permit process for promotional hand-to-hand giveaways, which were unregulated by the City and took place
regularly throughout the City without a permit,was created. These giveaways range from food(e.g.yogurt, protein
bars, chips, etc.),to drinks(e.g. sodas, energy drinks, etc.),to products(e.g. sunscreen, chapstick,t-shirts,CD's,
etc.). The Amendment to the Special Event Requirements and Guidelines was approved on September 17,2008
by the City Commission and became effective October 1, 2008.
ANALYSIS
The Administration has been drafting amendments to the Special Event Ordinance and Guidelines since late
2010. The City Commission referred the subject for further discussion to the Neighborhoods and Community
Affairs Committee(NCAC)at its December 8,2010 meeting. Subsequently,concerns were raised with issues that
occurred during the Funkshion Fashion event in March 2011. The NCAC discussed these concerns at their June
3, 2011 meeting. The NCAC requested a review of the security deposit requirements as they felt they were too
low for events of this nature.
Since that time, the Tourism and Cultural Development Department has researched special event programs in
other major cities, such as New York, Chicago and Los Angeles, and drafted additional amendments. These
changes have been presented to the Production Industry Council and reviewed by an invited group of event
producers representing a cross section of events that take place in Miami Beach.
The Neighborhoods and Community Affairs Committee(NCAC)reviewed the most recent draft of amendments to
the Special Event Ordinance and Guidelines at their January 30, 2012 meeting. The Committee unanimously
moved to take these amendments to the City Commission after they are vetted at a public meeting. The
Administration subsequently presented the proposed amendments to the Community during the monthly Special
Event Community Review Meetings held on February 10, 2012 and March 8, 2012. Public comment was very
minor and primarily focused on the neighborhood review requirements and the booking policy. All comments have
been incorporated into the proposed amendments.
The Ordinance was approved on first reading on April 11, 2012. The subject was then referred to the
Neighborhood and Community Affairs Committee at the May 9, 2012 City Commission meeting. This NCAC met
on July 30, 2012 NCAC and recommended in favor of the proposed amendments.
PROPOSED ORDINANCE AMENDMENTS
The City Code currently requires applicants to present their special event plans to the neighborhood association
corresponding to the geographic area of the event. However,The Tourism and Cultural Development Department
has subsequently instituted a recurring monthly special event community review meeting where all members of the
public are invited to participate. The Tourism and Cultural Development Department has also created an opt-in
email list to notice the community of the monthly meetings and agenda, as well as all approved permits. This
meeting has become a reliable meeting for the community to receive the required information from applicants and
for the City to receive feedback from the community.
Therefore, the Administration has proposed amending the Special Events Ordinance as follows:
A) Requirement to attend community meeting (Section 5)
Special event affpliGati applicants are subjeGt required to present their plans for review at the monthly Special
Events Community Review meeting and may also be requested to present for review by the corresponding
Page 3 of 6
October 24,2012
City Commission Meeting
Special Events Ordinance Amendment
Second Reading and Public Hearing
neighborhood association in the neighborhood by,
where the event is proposed. In the case of
events that expect 200 or more attendees and where there is no legally constituted/recognized association, or in
the discretion of the city commission, the city manager or city manager's designee, the matter wi#may also be
referred for review and recommendation to the city planning board.
B) Defined penalty/fine provision (Section 9)
As you know, the City has been reviewing the City Code to standardize and streamline enforcement provisions.
The Special Event Ordinance is another section that would be more appropriately addressed through a set fine
schedule. A violator can elect to pay the fine as outlined in the established fine schedule, or request an
administrative hearing before the Special Master to appeal the decision of the Code Compliance Officer which
resulted in the violation being issued. This will ensure that the violator is still afforded due process. The following
are the proposed amendments to the enforcement and penalty provisions:
(9) Enforcement and Penalties.
(a) Civil fine for violators. The following civil fines shall be imposed for a violation of this section
(1) First offense within a 12 month period a fine of$1 000 00;
(2) Second offense within a 12 month period a fine of$2,500.00; and
(3) Third offense and subsequent offenses within a 12 month period a fine of$5 000 00
(b) Enforcement. The code enforcement department or the Miami Beach Police Department
shall enforce the provisions of this section This shall not preclude other law enforcement agencies or
regulatory bodies from any action to assure compliance with this section and all applicable laws /f a
Miami Beach Police Officer or a Code Compliance Officer finds a violation of this section the Miami
Beach Police Officer or the Code Compliance Officer shall issue a Notice of Violation to the violator as
provided in chapter 30 of this Code as may be amended from time to time The Notice of Violation
shall inform the violator of the nature of the violation amount of fine for which the violator is liable
instructions and due date for paying the fine notice that the Violation may be appealed by requesting
an administrative hearing within ten days after service of the Notice of Violation and that failure to
appeal the violation within the ten days shall constitute an admission of the violation and a waiver of
the right to a hearing.
(c) Rights of violators;payment of fine right to appear failure to pay civil fine or to appeal
(1) A violator who has been served with a Notice of Violation shall elect either to
a. Pay the civil fine in the manner indicated on the Notice of Violation or
b. Request an administrative hearing before a special master to appeal the
Nonce of Violation within 10 days of the issuance of the notice of violation
(2) The procedures for appeal by administrative hearing of the Notice of Violation shall
be as set forth in sections 30-72 and 30-73.
(3) If the named violator after issuance of the Notice of Violation fails to pay the civil
fine, or fails to timely request an administrative hearinq before a special master,
the special master shall be informed of such failure by report from the Code Compliance
Officer or the Miami Beach Police Officer. Failure of the named violator to appeal the
decision of the Code Compliance Officer or the Miami Beach Police Officer within the
Prescribed time period shall constitute a waiver of the violator's right to administrative
hearing before the special master, and be treated as an admission of the violation and
fines and penalties may be assessed accordingly,
Page 4 of 6
October 24,2012
City Commission Meeting
Special Events Ordinance Amendment
Second Reading and Public Hearing
(4) Any party aggrieved by a decision of a special master may appeal that decision to a
court of competent jurisdiction.
(5) The Special Master shall adjudicate a violation upon failure to request an
administrative hearing with ten(10)days of the issuance of the Notice of Violation, and
shall be prohibited from hearing the merits of the Notice of Violation or consideration of
the timeliness of the request for an administrative hearing.
(d) Enhanced penalties.
The following enhanced penalties shall be imposed, in addition to any mandatory fines set
forth in (9)(a) above, for violations of this Section:
If the offense is a fourth offense within the preceding 12 month period of time, in
addition to the fine set forth in (9)(a), the property owner, event producer or permittee
shall be restricted from receiving a Special Event Permit for a three(3)month period of
time.
(2) If the offense is a fifth offense within six (6) months following the fourth offense, in
addition to any fine set forth in (9)(a), the property owner, event producer or permittee
will be restricted from receivinq a Special Event Permit for a six (6) month period of
time. The property owner, event producer or permittee shall be deemed a habitual
offender.
The City Manager may decline to issue future Special Event Permits to such person
or entity that have been deemed habitual offenders pursuant to this section for a period
of one year, or such other period of time acceptable to the City Manager.
PROPOSED—SPECIAL EVENT GUIDELINE AMENDMENTS
A companion item is being presented in conjunction with the second reading/public hearing of the above-noted
Special Events Ordinance amendments,to amend the special event guidelines.This amendment follows a review
of other major cities' special event procedures, review by the Production Industry Council and a group of event
producers. The following are the recommended amendments to the guidelines:
A. Permit Types:
Creates additional special event permits types in order to streamline application processing for smaller,
less impactful, special events.
Public Property
• Reduce the application deadline from sixty (60) days to thirty (30) days for events with a maximum
attendance of 150 people and requiring no city services. This change will help streamline the process
for small events.
• Large more impactful events will remain with a sixty (60) day application deadline as they are more
complicated and require more advance planning.
Private Property
• Reduce the application deadline from thirty (30) days to fifteen (15) days for events taking place on
private property and requiring no city services. This streamlines the process for less impacting
events on private property,which historically require a shorter turnaround time. (Note:all other events
on private property must apply with a minimum of thirty (30) days.
B. Security Deposit:
In response to concerns that the security deposit was not sufficient enough to cover expenses for larger
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October 24,2012
City Commission Meeting
Special Events Ordinance Amendment
Second Reading and Public Hearing
events, the following changes are proposed:
• $2,500 for small events up to 150 people
• $5,000 for events up to 1500 attendees
• $10,000 for events with between 1500 and 5000 attendees
• $20,000 +for events with more than 5000 attendees
C. Updates the list of Major Event Periods.
D. Booking Policy:
Adds language to the booking policy allowing an applicant to challenge dates already held by a"first hold"
applicant. A "first hold" applicant has submitted an application and an application fee, for an event on a
certain day or dates at a particular location. If a Second Hold applicant for those held day(s)challenges a
First Hold applicant's dates, the First Hold applicant will be required to post a cash bond in the amount
equal to the estimated cost of City services (i.e. Security Deposit, Off-duty Police, Off-duty Fire and
Sanitation, etc.) within fourteen (14) days of receipt.of notice from date/location challenge from the City.
Additionally, the Second Hold applicant must post a cash bond in the amount equal to the estimated cost
of City services at the time of the date challenge.
If the First Hold applicant fails to provide the City with the specified cash bond within 14 days of receipt of
notice, the Second Hold applicant will then have a First Hold on the dates and location.
pest a cash bond an the amount equal to the estimated GGSt of Gity seFViGes fGF theiF event (i.e. Off-duty
if the SeGend Hold appliGant pests a Gash bend with the Gity within 14 days,the applirant will have a FiFst
Held OR the dates and leratmen.
If both parties fail to post a cash bond,the dates and location are released and will be made available on a
first-come, first served basis.
E. Consecutive Day Clause: Clarifies the Consecutive Day Clause limiting venues to five (5) special event
permits per calendar year.
F. Art Basel Zone: The establishment of a zone to be bounded by 23rd Street to the north; by Lincoln Lane
South to the south; by Alton road to the west; and by the Atlantic Ocean to the east, where special event
permits for non-Art Basel Miami Beach official events will not be permitted. The effective term and
duration of the Art Basel Miami Beach Zone is only intended to run concurrent with the actual ABMB Event
dates.
The following amendments to the guidelines are recommended to address changes already previously approved
by the Commission:
G. Wedding Permit Fees: The City Administration implemented a new$125 wedding permit fee as part of the
FY 10/11 budget,which was approved by the City Commission on September 20,2010 via Resolution No.
2010-27519. The proposed amendment will include this information in the guidelines (Section I.A.III —
Weddings and Ceremonies.
H. Late Fees: If an application is received later than the specified deadline a late application fee of$250
applies. The intent is to encourage event producers to apply timely. There is also another late fee is
applicants have not submitted all required documentation 14 days before the load-in of the event
commences. The application is then considered denied and any additional coordination requires a
reinstatement fee, commensurate with the event's permit fee:
• 0 to 1499 attendees $250
Page 6 of 6
October 24,2012
City Commission Meeting
Special Events Ordinance Amendment
Second Reading and Public Hearing
1500 and above attendees $500
These changes to-the special event fees were approved by the City Commission on September 20, 2010 via
Resolution No. 2010-27519 and were adopted as part of the FY 10/11 budget. The proposed amendment will
include this information in the guidelines (Section I.A.VII —Minimum Requirements; Late Application Fee).
I. The Administration reviewed the guidelines and determined that the City's Administrative Policy for repeat
violators of special event permits should be formally incorporated into the guidelines.They were developed
to clarify Section 12-5(9)(b) of the City Code and impose additional penalties, in addition to fines for
violations of this Section of the City Code (Section III). The policy levies additional penalties for event
producers who violate the terms of their permit multiple times within the preceding 12 month period of time
and restricts the producer from obtaining additional permits for a specified period of time depending on the
number of violations.
J. Temporary Sampling: creates a distance separation from existing sidewalk cafes and tightens the
definition of"mobile" sampling. The amendments prohibit sampling from moving vehicles and sampling
within 20 feet of an approved sidewalk cafe, outdoor cafe, outdoor restaurant,etc. On May 25, 2010,the
Neighborhoods and Community Affairs Committee reviewed the City's temporary sampling regulations and
recommended revisions to the guidelines.
K. Adds additional criteria for the Manager's consideration when considering a special event permit for events
that feature a public benefit component (Section I.B.II.e.).
L. Includes language clarifying that the City is not responsible for any expenses incurred by the applicant
(Section I.B.III.).
M. Changes from "weeks" to "days"the requirement for the deadline for payment for City services (Section
I.D.II)
N. Includes clarification language for required verification for light post banners for 501 (c) 3 non-profits
(Section II.E.III).
O. Additional proposed changes clarify the Vehicle Access Pass policy as pertaining to all beach, park and
pedestrian use areas. Currently the pass is intended only for beach use. This change allows proper
regulation of safety needs for events that require access to non-beach authorized areas, such as
greenspace (Section II.A).
P. Another change clarifies waiver provisions for non-profit groups(Section I.A.VII-Minimum Requirements)
and amends the submission date for the Indemnity Agreement and Insurance documents(Section I.A.VII—
Minimum Requirements, Indemnity Agreement; Insurance Requirements).
CONCLUSION
The subject was referred to the Neighborhood and Community Affairs Committee at the May 9, 2012 City
Commission meeting. This item is scheduled for the July 30, 2012 NCAC meeting. Therefore,the Administration
recommends the Mayor and City Commission Open and Continue the item.
JMG/HMF/MAS/GW
T:\NGENDA\2012\10-24-12\Special Events Ord amendment memo.doc