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
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