Ordinance 97-3094ORDINANCE NO.: 97-3094
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
25 OF THE CITY CODE ENTITLED "OFFENSES -
MISCELLANEOUS" CREATING ARTICLE 25-66.2
ENTITLED "NON-PROFIT VENDING AND DISTRIBUTION"
REGULATING MERCHANDISE SALES AND
DISTRIBUTION.
WHEREAS, numerous non-profit organizations seek to engage in First Amendment- related
vending and distribution activities in the City, using portable tables set up on the public rights-of-
way; and
WHEREAS, the uncontrolled placement of such portable tables threatens the aesthetic value
of the area; and
WHEREAS, maintaining the ambiance and flavor of the streets of Miami Beach is essential
to its popularity and to the economic well-being of the City; and
WHEREAS, the uncontrolled placement of portable tables presents an inconvenience and
hazard to persons using the City's public rights-of-way and constitutes a public nuisance; and
WHEREAS, the provisions contained herein are permissible time, place, and manner
regulations of the vending and distribution activity of the non-profit organizations and are intended
to secure and promote the public health, safety, aesthetic values, and general welfare of persons in
the City of Miami Beach in their use of public rights-of-way;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF CHAPTER TITLE
That the title of Miami Beach City Code Chapter 25 entitled "Offenses - Miscellaneous" be
amended as follows:
Chapter 25
Non -Profit Sales and Distribution
SECTION 2. CREATION OF ARTICLE 25-66.1 ENTITLED "NON-PROFIT VENDING
AND DISTRIBUTION"
That an Article 25-66.1 be created, entitled "Non -Profit Vending and Distribution" and added
to Chapter 25 as follows:
Article 25-66.1. Non -Profit Vending and Distribution
a. Definitions
b. Applicability
c. Permit Required
d. Permit Application
e. Area Reserved for Non-profit Vending and Distribution
f. Permit Rules and Requirements
g. Prohibitions
h. Hours of Operation
i. Indemnification
j. Penalty for Violations of this Article
a. Definitions
"Applicant" shall mean the non-profit organization applying for a non-profit vending and
distribution permit pursuant to this Article.
"Department" shall mean the Department of Finance of the City of Miami Beach.
"Director" shall mean the Director of Finance of the City of Miami Beach.
"Distribution" shall mean the transfer or offer to transfer merchandise.
"Manager" shall mean the City Manager of the City of Miami Beach.
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"Message -bearing merchandise" shall mean a product bearing a message that is
inextricably intertwined with the purpose and activities of a permittee pursuant to this Article. All
message -bearing merchandise must constitute or contain a conspicuous political, religious,
philosophical, or ideological message having intellectual content that is clearly informative of the
purpose of the permittee's organization and is permanent and readable or recognizable from a
reasonable distance.
"Non-profit organization" a corporation that is expressly organized for non-profit purposes,
that is in good standing at the time of its application for permit hereunder, and that is deemed a tax
exempt organization under Section 501 of the Internal Revenue Code.
"Non-profit vending" shall mean vending by a non-profit organization as those terms are
herein defined.
"Permittee" shall mean the non-profit organization that has been issued a non-profit vending
permit pursuant to this article.
"Vending" shall mean the transfer or offer to transfer merchandise for money, or requests
for donations in exchange for merchandise.
b. Applicability
This Article regulates vending and distribution from portable tables by non-profit
organizations as defined herein. This Article does not affect the City's existing regulations regarding
charitable solicitation or the City's prohibition on other commercial vending outside of an enclosed
structure.
c. Permit Required
It shall be unlawful for any person to engage in non-profit vending or distribution on public
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property without obtaining a permit as required by this Article.
d. Permit Application
Applications for a non-profit vending and distribution permit shall be made at the office of
the director. Only those applications on City of Miami Beach forms will be accepted. If the
application form is complete, the applicant agrees to abide by the terms of this Ordinance, and the
applicant provides proof of its tax-exempt status, the application will be approved.
1. Applications for permits under this Section may be obtained from the Finance
Department.
2. The permit application shall require the following information:
a) The name and address of the non-profit organization;
b) The names, addresses, and social security numbers of persons in charge of the
vending or distribution and phone numbers where they may be reached during business hours;
c) The names and social security numbers of persons who are vending or
distributing at the location;
d) The period of time for which the applicant seeks a permit;
e) A description of the merchandise to be vended or distributed: and
f) A certification by the persons vending or distributing that they have read and
understood the requirements of this Section.
3. The City may charge an application processing fee in the amount of not Tess than
fifteen dollars ($15.00) per application.
4. The application shall be submitted to the City during the calendar month prior to the
permit month.
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if
5. Permits are non-transferrable.
e. Area Reserved For Non -Profit Vending and Distribution
1. Non-profit vending and distribution shall only be conducted in those approved
designated areas. The non-profit vending and distribution areas shall be assigned randomly.
2. If the number of requests for non-profit vending and distribution permits exceeds the
number of available locations, the available locations will be assigned by a quarterly lottery and each
non-profit vendor and distributor shall be limited to one location within the City.
3. If the area reserved for non-profit vending and distribution is needed for a special
event, municipal repairs, or other City business, the Director may temporarily relocate the non-profit
vending and distribution activity to a different area or areas.
4. The following locations shall be available pursuant to this Section:
i) The East side of Ocean Drive and 7th Street, 25ft from curb, on ocean access
sidewalk.
ii) The East side of Ocean Drive and 9th Street, 25ft. from curb, on ocean access
sidewalk.
iii) The East side of Ocean Drive and 1 l th Street, 25ft. from curb, on ocean access
sidewalk.
iv) North of 727 Lincoln Rd., middle of mall, under the overhang.
v) North of 400 Lincoln Rd., middle of mall, between two palm trees.
f. Permit Rules and Requirements
Non-profit vending and distribution shall be conducted in accordance with the following
rules and requirements:
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1. The permittee shall be limited to a display area of one table with no more than 8
square feet of surface area.
2. The permittee shall be limited to one sign which shall include the permittee's Federal
I.D. Number and shall be no greater than one foot by two feet. The permittee's name shall be legibly
displayed on said sign, said sign shall be approved by Design Review.
3. The permittee shall neatly display all message -bearing merchandise on the table. No
message -bearing merchandise shall be displayed in any other area. Any boxes or additional
merchandise shall be stored wholly underneath the table which is fully skirted to public right-of-way
so that the boxes and additional merchandise will not be visible.
4. The table and all message -bearing merchandise shall be removed from City property
daily, and the permittee shall clean the permit area and deposit trash in proper receptacles.
5. The non-profit vending and distribution permit issued by the City shall be displayed
at the permit area at all times.
6. Only message -bearing merchandise, as defined in this article, may be vended or
distributed. The message -bearing merchandise must also satisfy the following conditions:
(a). The message carried or conveyed on the merchandise must be physically part
of the merchandise, indelible, and non -removable.
(b). The mere placement of an organization's name or message on merchandise
other than a T-shirt, which merchandise is unrelated to purpose or activity of the
organization, shall not qualify the merchandise as inextricably intertwined with the purpose
and activity of the permittee.
7. Each member of the permit holder's organization who is engaged in sale or
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distribution activities at the permitted location shall at all times wear keep and keep visible a legible
identification badge containing the name of the individual and the name and address of the non-profit
organization.
8. Each permit holder shall provide a receipt with each sales transaction. The receipt
shall contain the name and address of the organization, the date of sale, the number and types of
items sold, and the dollar amount of the transaction.
9. Each permit holder shall maintain the area around the permit holder's table free of
litter and debris.
g. Prohibitions
A permit holder shall not:
1. Engage in verbal or physical harassment or coercion;
2. Impede the flow of vehicular traffic;
3. Obstruct access to businesses or other properties;
4. Engage in activities that prevent the free passage of pedestrians;
5. Use lounge chairs
6. Create a fire hazard;
7. Create excess noise in violation of the Dade County Ordinance 21-28;
8. Engage in fraudulent practices or solicitations, including but not limited to,
misrepresentation about any sale or solicitation, misrepresentation about the nature and type of the
non-profit organization, or misrepresentation or concealment of any material fact in the application
process;
h. Hours of Operation
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1. Non-profit organizations that have obtained a permit hereunder may vend and
distribute during daylight hours only and under no circumstances earlier than 8:00 A.M. All tables,
displays, signs, and inventory used in the sale and distribution of merchandise shall be removed no
later than thirty minutes after sunset.
i. Indemnification
1. All permit holders shall agree to defend, indemnify, and hold harmless the City of
Miami Beach and its officers, agents, and employees, from any suit, actions on claims arising out
of or in any way connected with the activities permitted and hereunder, except for any claims or
liability arising from the negligence or misconduct of the City, its agents, officers, or employees.
j. Penalty for Violations
A violation of this Section shall constitute a misdemeanor subject to the penalties set forth
in section 11-88 of the City Code of Miami Beach.
SECTION 3. SEVERABILITY.
If any section, subsection, clause, or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days after its adoption on the 4th day of
October , 1997.
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PASSED AND ADOPTED* this 24th day of
ATTEST:
2111-44(Y
CITY CLERK
ca-dictit
F \ATTO\SACS NONPROF.003
1st reading 9/10/97
2nd reading 9/24/97
Ordinance No. 97-3094
t.
1997.
MAYOR
*reflects amendments as adopted on September 24, 1997.
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APPROVED AS tO
FORM 8 LANGUAGE
FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl. us
COMMISSION MEMORANDUM NO. eit, "ac -9 -7
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: Jose Garcia -Pedrosa
City Manager
DATE: September 24, 1997
SUBJECT: AN ORDINA REGULATING NON-PROFIT ORGANIZATIONS
ENGAGED IN HE SALE AND DISTRIBUTION OF MERCHANDISE ON
PUBLIC RIGHTS-OF-WAY
ADMINISTRATIVE RECOMMENDATION:
Approve the ordinance on first reading and schedule a public hearing for second reading.
BACKGROUND:
An increasing number of non-profit organizations have set up vending booths in the public rights-of-
way or have approached the Administration for permission to do so. Locations chosen by the
organizations are among the City's most heavily travelled sidewalk areas. The uncontrolled
placement of portable tables presets an inconvenience and hard to persons using the City's public
rights-of-way and constitutes a public ham
rd
nuisance. Additionally, the surrounding merchants and cafe
operators have complained of excessive noise, traffic, and a general disruption of their business
activities. Currently the City does not have an ordinance that regulates non-profit vendors. The
proposed ordinance would establish locations, application processes, prohibitions, merchandise,
standards, and penalties for violations.
The ordinance was discussed at the Land Use and Development Committee on June 10, 1997; the
Committee voted to include the entire business areas in the City, decrease the number of
available/approved locations for non-profit organizations on Ocean Drive, and refer the ordinance
to the Commission for consideration. At the September 10, 1997, City Commission meeting, the
Commission voted to limit the number of locations to five (5). Those locations include three (3) on
Ocean Drive and two (2) on Lincoln Road. If the number of applications for non-profit vending
exceed the five (5) locations, the ordinance provides that the locations be assigned randomly by a
quarterly lottery. The lottery will determine what vendors would get what location. The ordinance
is similar to ordinances in the City of Key West and San Diego which regulate non-profit vendors,
in that the ordinances provide for a 1) application process, 2) various locations, 3) permit rules and
regulations, 4) prohibitions, 5) hours of operation, 6) indemnification, and 7) penalty for violations.
AGENDA ITEM
DATE—1-�•l`��
ANALYSIS:
The City is seeking to set up a system for permitting non-profit organizations to engage in the sale
and distribution of merchandise on public rights-of-way that balances the need for regulation with
the observance of legal rights. This ordinance achieves that balance.
CONCLUSION:
It is recommended that the Mayor and City Commission adopt the attached ordinance on second and
final reading.
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