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BIE - Street Performers and Artist Vendors (07/05/2024)MIAMI BEACH City o f Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miamibeachtl.gov TO: FROM: Mayor Steven Meiner and Members of the City Commission Rickele wams, Interim ciy Manager /[) MEETING DATE: July 24, 2024 SUBJECT: BUSINESS IMPACT ESTIMATE FOR: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SUBPART A, ENTITLED "GENERAL ORDINANCES" OF THE CODE OF MIAMI BEACH, CHAPTER 18, ENTITLED "BUSINESSES," ARTICLE XV, ENTITLED "STREET PERFORMERS AND ART VENDORS," BY AMENDING SECTION 18- 906 THEREOF, ENTITLED "REGULATIONS, PROCEDURES, AND PROHIBITIONS," TO REGULATE SOUND LEVELS PRODUCED BY ANY PERSON IN CLOSE PROXIMITY TO OUTDOOR DINING SEATING, AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Is a Business Impact Estimate Required? Yes No (If no, please check one of the boxes below) If one or more boxes are checked below, this means the City of Miami Beach has determined that a Business Impact Estimate for the above-referenced Ordinance is not required by State law. □The proposed Ordinance is required for compliance with Federal or State law or regulation; □The proposed Ordinance relates to the issuance or refinancing of debt; □The proposed Ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; □The proposed Ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the City; □The proposed Ordinance is an emergency ordinance; □The Ordinance relates to procurement; or □The proposed Ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553. 73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. Business Impact Estimate Page 2 If none of the above exceptions apply, this Business Impact Estimate is hereby provided in accordance with Section 166.041 ( 4 ), Florida Statutes. 1. A summary of the proposed Ordinance and its purpose is more fully set forth in the Commission Memorandum accompanying the Ordinance, as well as in the recitals to the Ordinance itself, which are attached hereto. 2. The City of Miami Beach estimates that the proposed Ordinance will have no direct economic impact on private, for-profit businesses in the City of Miami Beach, that the proposed Ordinance will have no direct compliance costs that businesses may reasonably incur; that the proposed Ordinance will not impose any new charge or fee for which businesses will be financially responsible, and that the proposed Ordinance will not impact the City of Miami Beach's regulatory costs and will not generate any revenue from new charges or fees. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed Ordinance: The City of Miami Beach estimates that no businesses are likely to be impacted by the proposed Ordinance. 14. Additional comments: None. O rdinances - R5 X M IA M I BEACH COMMISSION MEMORANDUM T O : H o nora ble M ayor and M em bers of the C ity C o m m ission FR O M : D A T E : T IT LE : C ity A tt orn ey Ri cardo J. D opi co Ju ne 26, 2024 First R eading A N O R D IN A N C E O F T H E M A Y O R A ND CITY C O M M IS S IO N O F THE CITY O F M IA M I B E A C H , FLO R ID A , A M E N D IN G SU B P A RT A , ENTIT LED "G ENERAL O R D IN A N C E S " O F TH E C O D E O F M IA M I BE A C H , C H A P TE R 18, ENTITLED B U SI N E S S E S," ARTICLE X V , EN T IT LE D "S T R E E T P E R FO R M ER S AND ART V E N D O R S ," BY A M E N D IN G S E C TION 18-906 THE R E OF , ENTITLED "R E G U LA T IO N S , PR O C E D U R E S , A N D P R O H IB IT IO NS ," TO R E G U LAT E SO U ND LE V E LS P R O D U C E D BY A N Y P E R S O N IN CLO S E PR O X IM IT Y TO O UTDO O R D IN IN G S E A T IN G , A N D PR O V ID ING FO R RE P E A LE R , SEVER ABILI TY, C O D IF IC A T IO N , A N D A N E F F E C TIV E D A TE . A NA LYSIS T he prop o se d O rdinance, w hich is sponsored by V ice-M ayor Laura D om inguez, is presented to the M a yo r and C ity C om m ission fo r their consideration on First R eading. The C ity has determ ined that outdoor dining in various areas w ithin the City operated by restauran t businesses w illing to opera te their outdoor dining operations strictly in a m anner that advance s the interests of the C ity, as defined by the C ity, is desira ble, and pro vides additional din ing op tions fo r the enjoym ent of public and private outdo or areas, thereby enhancing the quality of life fo r re sidents and the quality of the visitor experience fo r the C ity's tourists, and is a valid pub lic purpose . O utdo o r din in g in cert ain designated areas of the city provide a unique enviro nm ent and am b ian ce , and an aesthetically pleasing experience fo r relaxation and fo od and/or beverage consum p tion tha t enhances the sophisticated and m ature bra nd that the C ity has determ ined to pro m o te. It is im p e rative , how ever, that outdoor dining patrons receive a dining experience at the highest le vels of am b ia nce, serv ice, and quality, befitting the status of a recognized world class, intern a tional resort destination like M iam i Beach. T he C ity strictly regulates the outdoor dining experience of patro ns by requiring an Outdoor Dining C o ncession A g reem ent fo r outdoor dining establishm ents operating on the public right-of-way, m aintainin g la nd use rules and perm itting regulations for outdoor dining operations on private pro pe rt y or on C ity-ow ned pro pert y leased to private parties. O ne asp e ct of the outdoor dining experience that the C ity strictly regulates is sound and noise pro d uce d at or near outdoor dining establishm ents. For instance, O utdoor Dining Concessionaires op erating on the public right-of-w ay are contractually prohibited fr om having any outdoor speakers and fro m provid ing any outdoor entert ainm ent. Sim ilarly, m any establishm ents pro viding outdoor din ing on priva te pro pert y or on C ity-ow ned property leased to private part ies m ay not have outdo o r sp eake rs or provide live entert ainm ent. Lo ud , rau co us, and unreasonably loud sound pro duced by street perform ers and others in the vici n ity of ou tdoor dining establishm ents interferes w ith nor m al conversation by patro ns at these establishm ents, dim inishes their dining experience, and interferes with the valid public purposes of the City's outdoor dining program s. The use of speakers and other sound am plification devices by street performers and others on the public right-or-w ay has exponentially increased the sound produced and the negative secondary effects of street perform ers and other speakers on the dining experience of outdoor dining patrons. The City has attem pted to ameliorate the negative secondary effects of loud noise pro duced by street perform ers and others in close proxim ity to outdoor dining establishments without utilizing regulations aim ed specifically at enhancing the outdoor dining experience and without prohibiting am plified sound in close pro xim ity to outdoor dining operations, but these efforts have pro ven ineffective because stre et perfor mers and others producing loud noise, particularly using speakers and other sound am plification devices, typically turn down their volume when approached by a code com pliance officer, but turn the volume back up to unacceptable levels as soon as the code com pliance offi cer leaves the area. In order to m aintain the highest standards benefitting outdoor dining patrons, there exists a need fo r additional regulations and standards for sound pro duced by street performers and others in close pro xim ity to outdoor dining establishments, particularly sound pro duced using a speaker or other sound am plification device. Sound pro duced by street perform ers and others on the public right-of-way that is louder than that appro priate in close pro xim ity to patro ns dining outdoors, including amplified sound, is allowed in many other areas of the City (though alw ays subject to the City 's general noise ordinance, land use ordinances, and applicable land use permits), so am ple adequate altern ative locations are available to those who m ay not pro duce loud sound that interferes wit the normal conversation of outdoor dining patro ns. This proposed Ordinance regulates all persons pro ducing sound in close pro ximity to outdoor dining patro ns and/or that interferes with the normal conversation of outdoor dining patrons, regardless of the identity of the speaker, the content of the sound , and/or viewp oint of the person regulated. Though street perform ers utilizing speakers or other sound amplification devices are, in the City's experience, the prim ary source of interference with normal conversation by outdoor dining patrons, the regulations created in this Ordinance govern all speakers, regardless of their identity, content of their speech, or the viewpoint they may espouse. FISCAL IMPACT STATEMENT N /A Does this Ordinance require a Business Impact Estimate? No (FO R O RD INANCES ONLY) The Business Im pact Estim ate (BIE) was published on . See BIE at: http s_//wyy _mi a mi beach fl_goy/city-hal l/city-clerk/m eeting-n otices] Applicable Area Cityw ide Is this a "Residents Right to Know" item, pursuant to City Code Section 2-17? Is this item related to a G.O. Bond Project? N o N o Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec.2-481, includes a principal engaged in lobbying? N o If so , sp ecify the na m e of lob byist(s) and principal(s): Department C ity A tt o rn e y Sponsor(s) C o m m issio ne r Laura D o m in gu e z Co-sponsor(s) C o m m issio ner A le x Fe rn a nd e z O R D IN A N C E NO . _ A N O R D IN A N C E O F T H E M A Y O R A N D C IT Y C O M M IS SIO N O F T H E C IT Y OF M IA M I B E A C H , FLO R ID A , A M E N D IN G SU B P A R T A , ENT IT LED "G E N ERA L O R D IN A N C E S " O F TH E C O D E O F M IA M I B E A C H, C H A PT ER 18, EN TI T LE D "B U S IN E S S E S ," A R T IC LE X V , E N T IT LE D "S T R E E T PE R FO R M E R S A NO A R T V E N D O R S ," BY A M E N D IN G SE C T IO N 18-906 TH E R EO F, ENTITLED "R E G U L A T IO N S , P R O C E D U R E S , A N D PR O H IB IT IO NS ," TO RE G U LA TE S O U N D L E V E L S P R O D U C E D B Y A N Y PE R S O N IN C LO SE PR O X IM ITY TO O U T D O O R D IN IN G SEA T IN G , A N D P R O V ID ING FO R R EP EA LE R, S E V E R A B ILI T Y , C O D IF IC A T IO N , A N D A N EF F E CTI V E DA T E . W H E R E A S , the City has determined that outdoor dining in various areas within the City operated by restaurant businesses willing to operate their outdoor dining operations strictly in a manner that advances the interests of the City, as defined by the City, is desirable, and provides additional dining options for the enjoyment of public and private outdoor areas, thereby enhancing the quality of life for residents and the quality of the visitor experience for the City's tourists, and is a valid public purpose; and W H E R E A S , outdoor dining in certain designated areas of the city provide a unique environment and ambiance, and an aesthetically pleasing experience for relaxation and food and/or beverage consumption that enhances the sophisticated and mature brand that the City has determined to promote; and W H E R E A S , it is imperative, however, that outdoor dining patrons receive a dining experience at the highest levels of ambiance, service, and quality, befitting the status of a recognized world class, international resort destination like Miami Beach; and W H E R E A S , the City strictly regulates the outdoor dining experience of patrons by requiring an Outdoor Dining Concession Agreement for outdoor dining establishments operating on the public right-of-way, maintaining land use rules and permitting regulations for outdoor dining operations on private property or on City-owned property leased to private parties; and W H E R E A S , one aspect of the outdoor dining experience that the City strictly regulates is sound and noise produced at or near outdoor dining establishments. For instance, Outdoor Dining Concessionaires operating on the public right-of-way are contractually prohibited from having any outdoor speakers and from providing any outdoor entertainment. Similarly, many establishments providing outdoor dining on private property or on City-owned property leased to private parties may not have outdoor speakers or provide live entertainment; and W H E R E A S , loud, raucous, and unreasonably loud sound produced by street performers and others in the vicinity of outdoor dining establishments interferes with normal conversation by patrons at these establishments, diminishes their dining experience, and interferes with the valid public purposes of the City's outdoor dining program s; and W H E R E A S , the use of speakers and other sound amplification devices by street performers and others on the public right-or-way has exponentially increased the sound produced and the negative secondary effects of street performers and other speakers on the dining experience of outdoor dining patrons; and WHEREAS, the City has attempted to ameliorate the negative secondary effects of loud noise produced by street performers and others in close proximity to outdoor dining establishments without utilizing regulations aimed specifically at enhancing the outdoor dining experience and without prohibiting amplified sound in close proximity to outdoor dining operations, but these efforts have proven ineffective because street performers and others producing loud noise, particularly using speakers and other sound amplification devices, typically turn down their volume when approached by a code compliance officer, but turn the volume back up to unacceptable levels as soon as the code compliance officer leaves the area; and WHEREAS, in order to maintain the highest standards benefitting outdoor dining patrons, there exists a need for additional regulations and standards for sound produced by street performers and others in close proximity to outdoor dining establishments, particularly sound produced using a speaker or other sound amplification device; and WHEREAS, sound produced by street performers and others on the public right- of-way that is louder than that appropriate in close proximity to patrons dining outdoors, including amplified sound, is allowed in many other areas of the City (though always subject to the City's general noise ordinance, land use ordinances, and applicable land use permits}, so ample adequate alternative locations are available to those who may not produce loud sound that interferes with the normal conversation of outdoor dining patrons; and WHEREAS, this Ordinance regulates all persons producing sound in close proximity to outdoor dining patrons and/or that interferes with the normal conversation of outdoor dining patrons, regardless of the identity of the speaker, the content of the sound, and/or viewpoint of the person regulated. Though street performers utilizing speakers or other sound amplification devices are, in the City's experience, the primary source of interference with normal conversation by outdoor dining patrons, the regulations created in this Ordinance govern all speakers, regardless of their identity, content of their speech, or the viewpoint they may espouse. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Sections 18-906 of the City Code shall be created as follows, and as hereinafter set forth below: SUBPART A GENERA L ORDINANCES k i #k CHAPTER18 BUSINESSES #i # # ARTICLE XV STREET PERFORMERS AND ART VENDORS i# * * Sec. 18-906.- Regulations, procedures, and prohibitions. S tre e t pe rf orm a nce s (an d othe r reg ulated partie s) and art ist vending sha ll be co n d ucted in accorda nce w ith the follow ing rule s and req uirem ents: * i (3 ) A ll art ist ve nd o rs an d all street perf orm e rs (and othe r regulated pa rt ie s). w he the r or not in a pe rm itted artist ve nd in g or street pe rf orm e r zone , shall co m ply w ith the fo llo w ing : * * * g_,_ N o pe rso n sha ll create any am plified or una m p lified sound that inte rf eres w ith no rm a l co nve rsatio n at any outdoor dining estab lishm e nt located on private prop e rty, the pu blic rig ht-of-w ay or othe r pub lic pro perty. Fo r purpo ses of this sub se ctio n , the use of a spe aker, am p lifie r, m ega pho ne or any other de vice inte nde d to in crea se the so und pro duced by a pe rson or by equip m e nt in the po sse ssio n or contro l of a pe rso n w ith in 10 0 feet of the nearest perim eter ed g e of any outdo o r dinin g estab lish m ent sha ll be presum ed to interf ere w ith no rm a l co n ve rsa tio n and is he reb y pro hibited. * * SECTION 3. REPEALER. A ll o rdina nc es or pa rts of ordina n ces in conflict herew ith be and the sam e are he re b y re p e a led . SECTION 4. SEVERA BILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Miami Beach City Code. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect on the day of,2024. PASSED AND ADOPTED this day of,2024. ATTEST: Steven Meiner, Mayor Rafael E. Granado, City Clerk (Sponsored by Commissioner Laura Dominguez) Underline denotes additions Strikethrough denotes deletions F ~&;·. •• l 85