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Resolution 2019-31087 RESOLUTION NO.i 2019-31087 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING NEW YEAR'S EVE ACTIVITIES ON OCEAN DRIVE, IN PARTNERSHIP WITH THE OCEAN DRIVE ASSOCIATION, AND AUTHORIZING (1) THE CLOSURE OF OCEAN DRIVE, BETWEEN 5TH STREET AND 14TH STREET, FROM TUESDAY, DECEMBER 31, 2019, AT 7:00 A.M., UNTIL THURSDAY, JANUARY 2, 2020, AT 7:00 A.M.; (2) THE EXPANSION OF PARTICIPATING SIDEWALK CAFES TO THE CENTER LINE ON OCEAN DRIVE, BETWEEN 5TH STREET AND 14TH STREET, FOR FOOD AND/OR BAR SERVICE WITHIN THE EXPANDED SIDEWALK CAFÉ AREAS, SUBJECT TO DEPARTMENT OF PUBLIC WORKS APPROVAL OF PLANS; AND (3) THE EXTENSION OF HOURS UNTIL 7:00 A.M. ON JANUARY 2, 2020, FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES FOR PARTICIPATING SIDEWALK CAFES AND CERTAIN ALCOHOLIC BEVERAGE ESTABLISHMENTS WITH A 5:00 A.M. LIQUOR LICENSE, SUBJECT TO THE CONDITIONS SPECIFIED IN SECTION 6-3(A)(6) OF THE CITY CODE. WHEREAS, as in the past eight (18) years, the Ocean Drive Association ("ODA") has approached the City to request City participation in, and sponsorship of, a New Year's celebration on Ocean Drive and free fireworks display on the beach, located east of Lummus Park, at 12:00 midnight on New Year's Day; and WHEREAS, the City's New Year's celebration on Ocean Drive draws large crowds, including both residents and visitors; and WHEREAS, in recent years, the City has partnered with ODA to share in the expenses related to the street closure and fireworks display on New Year's Eve, which celebration duration ranges from two (2) to four (4) days, depending on whether the holiday falls on a weekend or a weekday, and WHEREAS, this year, New Year's Eve falls on a Tuesday and, as in recent years, hotel occupancy will be very strong due to increased numbers of visitors taking advantage of the long holiday weekend; and WHEREAS, the ODA has requested the closure of Ocean Drive to vehicular traffic between 5th and 14th Streets, beginning at 7:00 a.m. on December 31, 2019, and ending at 7:00 a.m. on January 2, 2020; and WHEREAS, the ODA has also requested that sidewalk cafes participating in the New Year's celebration be allowed to expand their cafes onto the southbound lane of Ocean Drive, up to the center line of the road, between 5th Street and 14th Street, for food and/or bar service within the expanded sidewalk café areas, subject to Department of Public Works approval of expanded sidewalk café plans; and WHEREAS, the ODA has requested that certain alcoholic beverage establishments with 5'00 a.m. liquor licenses be allowed to serve alcoholic beverages for consumption at the participating sidewalk cafes until 7:00 a.m. on Tuesday, January 2, 2020, only; and WHEREAS, in previous'years, the City funded 47% of the sanitation, sand-shifting, and other costs associated with the Ocean Drive road closure and fireworks display for New Year's Eve, and the ODA has funded the remaining 53% of the costs; and WHEREAS,the ODA is requesting the following contributions from the City for this year's celebration: 1. ODA has represented that the actual cost of the fireworks display is approximately $33,000, and has requested that the City cover 47% of the cost, and 2. ODA has requested that the City contribute 47% of the sanitation, sand-shifting, and other costs associated with the Ocean Drive road closure; and WHEREAS, the total estimated costs associated with the 2019/2020 New Year's Eve celebration on Ocean Drive, including Items 1 and 2, above, are estimated at $132,300. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,that the Mayor and City Commission hereby approve New Year's Eve activities on Ocean Drive, in partnership with the Ocean Drive Association, and authorize(1)the closure of Ocean Drive, between 5th Street and 14th Street,from Tuesday, December 31, 2019, at 7:00 a.m., until Thursday, January 2, 2020, at 7.00 a.m.; (2) the expansion of participating sidewalk cafes to the center line on Ocean Drive, between 5th Street and 14th Street, for food and/or bar service within the expanded sidewalk café areas, subject to Department of Public Works approval of plans; and (3) the extension of hours until 7:00 a.m. on January 2, 2020, for on-premises consumption of alcoholic beverages for participating sidewalk cafes and certain alcoholic beverage establishments with a 5:00 a.m. liquor license, subject to the conditions specified in Section 6-3(a)(6)of the City Code. PASSED and ADOPTED this if day of December 2019. ATTEST: ,45 )L---------- - Dan Gelber, Mayor 11-1K let _--. ............'c„, APPROVED AS TO Rafael . Gra ado, Cit gP : �rim,, ;:%'y % FORM 8( LANGUAGE x,,,,,,,0,--,-, :. & FOR 1XECUTION I14C0RP = Z t p "„-,./„.‘;...;:, ..,.;;:5_.-- 0(2-9,4 f .�� City Attorney Date Resolutions -C7 E MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: December 11, 2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING NEW YEAR'S EVE ACTIVITIES ON OCEAN DRIVE IN PARTNERSHIP WITH THE OCEAN DRIVE ASSOCIATION,AND AUTHORIZING (1) THE CLOSURE OF OCEAN DRIVE, BETWEEN 5TH STREET AND 14TH STREET, FROM TUESDAY, DECEMBER 31, 2019, AT 7:00 A.M., UNTIL THURSDAY, JANUARY 2, 2019, AT 7:00 A.M.; (2) THE EXPANSION OF PARTICIPATING SIDEWALK CAFES TO THE CENTER LINE ON OCEAN DRIVE, BETWEEN 5TH STREET AND 14TH STREET, FOR FOOD AND/OR BAR SERVICE WITHIN THE EXPANDED SIDEWALK CAFE AREAS, SUBJECT TO DEPARTMENT OF PUBLIC WORKS APPROVAL OF PLANS; AND (3) THE EXTENSION OF HOURS UNTIL 7:00 A.M. ON JANUARY 1, 2019, FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES FOR PARTICIPATING SIDEWALK CAFES AND CERTAIN ALCOHOLIC BEVERAGE • ESTABLISHMENTS WITH A 5:00 A.M. LIQUOR LICENSE, SUBJECT TO THE CONDITIONS SPECIFIED IN SECTION 6-3(A)(6) OF THE CITY CODE. RECOMMENDATION The Administration recommends that the Mayor and Commission approve the activities on Ocean Drive, as well as the 7am extension of liquor sales as per the requirements outlined in this item. BACKGROUND/HISTORY • Similar to the prior eighteen (18) years, the Ocean Drive Association (ODA) approached the City to request participation and sponsorship of a free fireworks show on the beach east of Lummus Park at midnight on New Year's Eve. The City has partnered with the Ocean Drive Association to share in the expenses related to the closure and fireworks for New Year's Eve, which has ranged from two (2) days to four (4) days depending on if the holiday occurs on a weekend or weekday. The Ocean Drive Association has requested the closure of Ocean Drive to vehicular traffic from 5th to 14th Streets, beginning the morning of Tuesday, December 31, 2019 at 7:00 a.m., and reopening on Thursday, January 2, 2020 at 7:00 a.m. Page 235 of 720 For the sanitation and sand-sifting costs and resources specifically directed towards the Ocean Drive road closure and fireworks, the City has , since 2017, shared in: 1. 47% of the costs to Ocean Drive Association's 53% of the costs for two days of closure and fireworks.* 2. The additional ODA sanitation and barricade expenses.* * These costs are not available at the time of this memo submission, however should be available for discussion at the Commission Meeting. In addition to closing Ocean Drive, approved sidewalk cafes participating in the Ocean Drive Association's New Year's Eve event will be allowed to expand their cafes onto the southbound lane of Ocean Drive, up to the midpoint yellow line. Participating cafes are required to submit this alternate set of plans to Public Works for approval. Café expansion uses may include food and bar service, but may not include entertainment elements. The Ocean Drive Association has requested participating cafes be allowed to sell liquor within their café areas beyond the 2:00 a.m. required cut-off and be provided an extension of 5:00 a.m. liquor licenses on Thursday, January 2, 2020 only. Additionally, many Miami Beach nightclubs and hotels host special New Year's Eve events. The City works with the area hotels and nightclubs to ensure that resources and security are appropriately allocated for the weekend. ANALYSIS The Administration recommends adopting the attached resolution, allowing closure, café expansion and extension of liquor and café liquor license allowance, and accepting a contribution in an amount not to exceed $50,000.00 from the Ocean Drive Association toward the costs of closure of Ocean Drive for New Year's Eve as this event benefits the community and our visitors. FINANCIAL INFORMATION The City's expenses associated with New Year's Eve are funded from Resort Tax Collections. The contribution from the Ocean Drive Association will be appropriated in the next FY 2019/20 budget amendment. Account(s) TBD -would Amount(s) $50,000 need to be identified. Applicable Area South Beach Is this a Resident Right to Does this item utilize G.O. Page 236 of 720 Know item? Bond Funds? No No Strategic Connection Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality entertainment destination. Legislative Tracking Economic Development Page 237 of 720