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Resolution 2024-33407 RESOLUTION NO. 2024-33407 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY ADMINISTRATION TO AMEND THE CITY'S SPECIAL EVENT GUIDELINES TO REQUIRE A "PHS ISLANDS SPECIAL EVENT PERMIT" FOR PARTIES AND GATHERINGS IN SINGLE FAMILY HOMES ON PALM, HIBISCUS AND STAR ISLANDS DURING MIAMI ART WEEK WHENEVER THE PARTY OR GATHERING IS SO LARGE IN SCALE AND/OR INVOLVES SEVERAL INSTITUTIONAL-OR COMMERCIAL-GRADE VENDORS, SERVICES, OR EQUIPMENT SUCH THAT THE PRODUCTION OF THE EVENT IMPACTS PUBLIC SAFETY, NEIGHBORHOOD TRAFFIC, OTHER RESIDENTS' RIGHT TO A DECENT QUALITY OF LIFE, AND/OR THE RESIDENTIAL CHARACTER OF SINGLE-FAMILY NEIGHBORHOODS ON THESE ISLANDS AND THE SURROUNDING NEIGHBORHOODS. WHEREAS,the City's special events guidelines define a special event as"a non-recurring special occasion or activity which is temporary in nature and has extraordinary or excessive impacts on public health, safety and welfare." See Special Event Guidelines, p.3, attached as Exhibit A; and WHEREAS, in recent years, large-scale house parties and other special events have occurred in the City's residential neighborhoods, including on Palm, Hibiscus, and Star Islands ("PHS Islands"), during Miami Art Week with so many attendees and the use of institutional grade event equipment, to include large and powerful commercial grade speakers, large commercial grade party and dancefloor lighting, large and commercial grade generators, and/or commercial grade firework displays such that the party or gathering cannot reasonably proceed without various violations of City Code and other laws, impact public safety by clogging the narrow roadways on these islands and the roads approaching them such that emergency vehicles cannot respond to emergencies in a timely fashion and by concentrating such a large number of people in an area that, by its residential nature, does not allow for adequate and effective public safety management of the crowds and the overflow from these crowds in the residential neighborhoods on and around these residential islands; and WHEREAS, these large and institutional parties and gatherings during Miami Art Week on PHS Islands are so negatively impactful to public safety, neighborhood traffic, other residents' right to a decent quality of life, and/or the residential character of single-family neighborhoods that "extraordinary or excessive impacts on public health, safety and welfare" are produced such that the Mayor and City Commission determine that they should not be allowed to proceed without the property owner first applying for and obtaining a special event permit that may include limitations and requirements (if it is granted at all) that would protect the City and residents' interest in maintaining public safety, neighborhood traffic, other residents' right to a decent quality of life, and/or the residential character of single-family neighborhoods on these islands and the surrounding neighborhoods; and WHEREAS, the Mayor and City Commission direct the City Administration to amend the City's special event guidelines to require a "PHS Islands Special Event Permit" ("PHS SEP")(which shall be separate and distinct from any issued pursuant to City Code Section 46- 156)for large parties or gatherings involving institutional-or-commercial-grade vendors, services, or equipment in PHS Islands residential neighborhoods during Miami Art Week, which shall be granted only if impacts to public safety, neighborhood traffic, residents' quality of life, and the 1 residential character of single-family neighborhoods can be adequately ensured in advance of the event; and WHEREAS, the amendments to the special event guidelines mandated by this Resolution shall include the requirement for a PHS SEP for parties and gatherings on PHS Islands, during Miami Art Week, where fireworks will be involved, more than 100 attendees may reasonably be expected to attend; where more than 50 vehicles are expected to pick up/drop off passengers (or park) on PHS, where institutional/commercial grade speakers, lighting, and/or generators are to be utilized, or where institutional/commercial grade bars that are large enough to allow more than one bartender to work behind each bar or the use of more than three (3) single-bartender bars are to be utilized; and WHEREAS, whenever a PHS SEP is required for a party or gathering on PHS Islands during Art Basel Week, the application for PHS SEP shall incorporate a requirement for provision of any information necessary to analyze and address any impacts to public safety, neighborhood traffic, and/or other residents' right to a decent quality of life sufficient to allow the City Administration to impose limitations or additional requirements sufficient to address these impacts to the health, safety and welfare of PHS Islands residents and residents in surrounding neighborhoods, or to allow the City Administration to deny the application altogether if these enumerated interests cannot be adequately addressed; and WHEREAS, a non-exhaustive list of requirements to obtain a PHS SEP shall be (1) agreement by the property owner to the ability of City personnel to enter the private property for compliance inspections prior to (accompanied by the owner or agent with mutually agreeable scheduling) and during the party(at any time); (2)property owner must obtain all relevant permits from all relevant City departments, such as, for example, obtain any required building permits where required; (3) property owner shall be required to comply with the special event guidelines and provide required documents, which include Certificate of Insurance and Indemnification; and (4) any requirements imposed to protect the health, safety, and welfare of the PHS Islands and surrounding neighborhoods' residents and visitors; and WHEREAS, applications for a PHS SEP required by this Resolution shall be submitted within the timeframe set forth in the guidelines for similar special events and shall be subjected to review by all relevant City departments, review committees, and to advisory review and comment by the PHS Islands Association; and WHEREAS, any parties and/or gatherings on PHS Islands currently scheduled for Art Basel Week 2024,which is December 2-8, 2024 that are required to obtain a special event permit pursuant to this Resolution shall be allowed an expedited review and approval/denial process from when a complete application and all supporting documents have been submitted; and WHEREAS, any party or gathering on PHS Islands during Miami Art Week requiring a special event permit pursuant to this Resolution that proceeds without the homeowner first obtaining a special event permit and complying with all of its terms, conditions, limitations, and requirements shall cease and desist and end the party or gathering upon demand by the City and a code compliance violation shall be issued under all applicable provisions of the City Code. If the owner, manager, director, or resident of the property does not comply with the cease and desist demand, the Miami Beach Police Department may arrest each owner, manager, director, or resident for resisting arrest without violence or any other applicable charge. Additionally, no special event permit shall be granted for any event for a period of the next thirteen (13) months if a party or gathering occurs without obtaining and complying with a special event permit, where 2 required, at any property. 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 authorize and direct the City Administration to amend the City's special event guidelines to require a "PHS Islands Special Event Permit", a set forth in the recitals above, for parties and gatherings in single family homes on Palm, Hibiscus and Star Islands during Miami Art Week whenever the party or gathering is so large in scale and/or involves several institutional- or-commercial-grade vendors, services, or equipment such that the production of the event impacts public safety, neighborhood traffic, other residents' right to a decent quality of life, and/or the residential character of single-family neighborhoods on these islands and the surrounding neighborhoods. PASSED AND ADOPTED thiss2Vday of441w I/, 2024.qo ATTEST: //,, , ' ,> / • f-eepoca /.ice... ,fie ,7 o ' ii NOV 2 1 21 -'Mayor teve einer Arr- • 1 Rafael E. Granado, City Clerk lr __�N,! B ..4.,, (Sponsored by Alex J. Fernandez) - : 1. ,t-`,'�''' .IPI,,,,,,,T.„, P1ORATED.+' /, Cosponsored by Mayor Steven Meiner %, ..... �_d, G`'_=. Co-Sponsored by Commissioner Tanya K Bhatt Bch. 26;.- Co-Sponsored by Commissioner Laura Dominguez Co-Sponsored by Commissioner Joseph Magazine Co-Sponsored by Commissioner Kristen Rosen Gonzalez APPROVED AS TO Co-Sponsored by Commissioner David Suarez FORM&LANGUAGE XECUTION (.4.A., 7 r City omey Dote 3 Discussion Items - R9 AH MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Alex Fernandez DATE: November 20, 2024 TITLE: DISCUSS/TAKE ACTION—TIME SENSITIVE DISCUSSION RE PARTY HOUSE(S) ON HIBISCUS ISLAND DURING ART BASEL WEEKEND. RECOMMENDATION BACKGROUND/HISTORY The City has become aware of one or more homes on Hibiscus Island that have been purchased by common owner(s) and transformed into large scale "party houses." Neighbors have been awakened at all hours of the night by commercial grade speakers blaring music and booming bass as well as commercial grade club lighting that has disturbed the peace and tranquility of this neighborhood.We have now also learned that a commercial grade fireworks display from a barge is planned for near midnight on December 5, 2024, during Art Basel week. The City Administration and the City Attorney's Office are proactively working with the PHS Islands Association in an attempt to ameliorate the negative impacts to the community of these commercial grade parties going forward. I would like to discuss any potential new tools that the City Commission could possibly provide to our City Administration and City Attorney's Office as they work to protect our residents' quality of life. ANALYSIS FISCAL IMPACT STATEMENT N/A Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate(BIE)was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meetinq-notices/ FINANCIAL INFORMATION CONCLUSION Applicable Area Citywide Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Project? No No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department City Attorney Sponsor(s) Commissioner Alex Fernandez Co-sponsor(s) Condensed Title Discuss/Take Action—Time Sensitive Discussion Re Party House(S) On Hibiscus Island During Art Basel Weekend. (Fernandez)