R5D-Amend Special Events PermitsCOMMISSION ITEM SUMMARY
Condensed Title:
increase community ratings of cultural activities.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012 Community Satisfaction Survey, nearly six out of ten residents
(57%) rated management of special events as excellent or good, yet this figure is down from 70% in 2009. Residents of South Beach/Bella Isle and
Mid Beach were more critical of management of special events. Six in ten business owners (59%) gave the City high marks for management of
special events that attract large numbers of people, this figure was down considerably from 2009 (74%). South Beach business owners were most
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The Administration has been drafting amendments to the Special Event Guidelines and Ordinance since late 2010. The City Commission referred
the subject for further discussion to the Neighborhoods and Community Affairs Committee (NCAC) at its December 8, 2010 meeting. The NCAC met
on February 3, 2011, and recommended additional changes to both the Ordinance and guidelines. Subsequently, concerns were raised with issues
that occurred during the Funkshion Fashion event in March 2014 The NCAC discussed these concerns at their June 3, 2011 meeting. The NCAC
requested a review of the security deposit requirements as they felt they were too low for events of this nature.
Since that time, the Tourism and Cultural Development Department researched special event programs in other major cities such as New York,
Chicago and Los Angeles, and drafted additional amendments to both the Ordinance and guidelines. These changes have been presented to the
Production Industry Council and reviewed by an invited group of event producers representing a cross section of events that take place in Miami
Beach. The Neighborhoods and Community Affairs Committee reviewed the most recent draft of amendments to the Special Event Ordinance and
Guidelines at their January 30, 2012 meeting. The Committee unanimously moved to take these amendments to the City Commission after being
vetted at a public meeting, The proposed amendments were subsequently presented to the Community on February i 0, 2012 and March 8, 2012.
Public comment was very minor and primarily focused on the neighborhood review requirements and the booking policy. All comments have been
incorporated into the proposed amendments.
The Ordinance was approved on first reading on April 11, 2012, The subject was then referred to the Neighborhood and Community Affairs
Committee at the May 9, 2012 Commission meeting. This NCAC met on July 30, 2012 NCAC and recommended in favor ofthe proposed
amendments.
The City Code currently requires applicants to present their special event plans to the neighborhood association corresponding to the geographic
area of the event However, The Tourism and Cultural Development Department has subsequently instituted a recurring monthly special event
community review meeting where all members of the public are invited to participate. This meeting has become a reliable forum for the community to
receive the required information from applicants and for the City to receive feedback from the community. Therefore, the Administration has drafted
an amendment to this section of the Code that requires participation in the monthly special event community review meeting and may also require
review by the corresponding neighborhood association.
Additionally, the City has been reviewing the City Code to standardize and streamline enforcement provisions. The Special Event Ordinance is
another section that would be more appropriately addressed through a set fine schedule. A violator can elect to pay the fine as outlined in the
established fine or request an administrative hearing before the Special Master to appeal the decision of the Code Compliance Officer
which resulted in the violation being issued and still ensures that the violator is still afforded due process. This change is also reflected in the
attached amendment
Adviso Board Recommendation:
rhoods and Affairs Committee reviewed the most recent draft of to
t their January 30, 2012 meeting, and unanimously moved to take these amendments to the City ~~"m"'""c''""'
ublic meetin . The NCAC also discussed this item on Jul 30, 2012 NCAC meetin and recommended in fa
Financial Information· .
Source of Furu::ls: Amount Account Approved ----·········-·
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Total = Financial Impact Summary: N/A
Department Director ger
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IBE
City of Miami Bead1, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Honorable Mayor Matti H. Bower and Members of
FROM: Kathie G. Brooks, Interim City Manager
DATE: October 24, 2012 SECOND READING PUBliC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 12 OF THE MIAMI BEACH CITY CODE, ENTITLED "ARTS,
CULTURE AND ENTERTAINMENT," BY AMENDING ARTICLE II THEREOF, ENTITLED
"SPECIAL EVENTS," BY AMENDING SECTION 12~5, "SPECIAL EVENTS PERMITS" TO
PROVIDE CLARIFICATION TO SPECIAL EVENT APPliCANTS UNDER PROVISION (5); BY
PROVIDING ENFORCEMENT AND PENALTIES FOR THE VIOLATION OF SECTION 12~5 AS SET
FORTH IN PROVISION (9); AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY,
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
KEY INTENDED OUTCOMES SUPPORTED
Increase community ratings of cultural activities.
BACKGROUND
The City of Miami Beach has become the location of choice for a number of activities and special events in South
Florida. The Tourism and Cultural Development (TCD) Department coordinates the permitting of special events,
including review by the appropriate neighborhood association, in an effort to complement the ambience and
aesthetics of the area in which the events are presented.
TCD supports events on public property and other properties where the proposed event requires a Special Event
Permit, and Is responsible for assisting producers with special events guidelines and permit requirements and the
issuance of Special Events Permits. In addition, TCD staff serves as liaison between local and regional
associations and agencies in addressing the delivery of city services, and assists neighborhood associations with
maintenance of events criteria.
A City of Miami Beach Permit is required for special events, which are defined as a temporary use on public or
private property that would not be permitted generally or without restriction throughout a particular zoning district,
but would be permitted if controlled with special review. Applications are processed on a "first come, first served"
basis unless otherwise provided for under the booking policy. Applicants must provide 60 days notice for public
use and 30 days notice for private use. The special event process is a review and approval process in which
aspects of an event are coordinated through internal, neighborhood and permitting reviews.
In 1988, the City Commission approved a set of requirements for any applicant who wishes to hold a special event
in the City of Miami Beach. The Special Events Requirements and Guidelines ("Special Event Guidelines") were
designed to help guide applicants through the process of applying for a Special Events Permit, while ensuring
minimal disruption to the impacted, surrounding environment. In 1995, via Resolution No. 95-21684, several
revisions to the guidelines were adopted, but the procedures set forth did not adequately address a variety of
issues associated with the production special events. In 1998, via Resolution No. 98-23003, the guidelines were
amended to incorporate direction received from neighborhood associations, property owners and citizen groups.
Subsequently, in 2001, Ordinance No. 2001-3302 and the corresponding Resolution No. 2001-24341 were
adopted by the City Commission, which codified the Special Event permit process and adopted separate
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guidelines with procedures, requirements and criteria for the issuance of permits for special events in Miami
Beach. In July 2005, additional amendments were made to the City Code and to the Special Events Guidelines
relating to the definition of a special event, consecutive day clause, permit application deadlines, neighborhood
review and fines associated with the special event permit
In 2008, via Resolution 2008-26908, additional amendments to the Special Event Guidelines were made pursuant
to direction from the Finance and Citywide Projects Committee. To generating additional revenue for the City, a
permit process for promotional hand-to-hand giveaways, which were unregulated by the City and took place
regularly throughout the City without a permit, was created. These giveaways range from food (e.g. yogurt, protein
bars, chips, etc.), to drinks (e.g. sodas, energy drinks, etc.), to products (e.g. sunscreen, chapstick, t-shirts, CO's,
etc.). The Amendment to the Special Event Requirements and Guidelines was approved on September 1 2008
by the City Commission and became effective October 1, 2008.
ANALYSIS
The Administration has been drafting amendments to the Speciat Event Ordinance and Guidelines since late
2010. The City Commission referred the subject for further discussion to the Neighborhoods and Community
Affairs Committee (NCAC) at its December 8, 2010 meeting. Subsequently, concerns were raised with issues that
occurred during the F unkshion Fashion event in March 2011. The NCAC discussed these concerns at their June
3, 2011 meeting. The NCAC requested a review of the security deposit requirements as they felt they were too
low for events of this nature.
Since that time, the Tourism and Cultural Development Department has researched special event programs in
other major cities, such as New York, Chicago and Los Angeles, and drafted additional amendments. These
changes have been presented to the Production Industry Council and reviewed by an invited group of event
producers representing a cross section of events that take place in Miami Beach.
The Neighborhoods and Community Affairs Committee (NCAC) reviewed the most recent draft of amendments to
the Special Event Ordinance and Guidelines at their January 30, 2012 meeting. The Committee unanimousty
moved to take these amendments to the City Commission after they are vetted at a public meeting. The
Administration subsequently presented the proposed amendments to the Community during the monthly Special
Event Community Review Meetings held on February 10, 2012 and March 8, 2012. Public comment was very
minor and primarily focused on the neighborhood review requirements and the booking policy. All comments have
been incorporated into the proposed amendments.
The Ordinance was approved on first reading on April 11, 2012. The subject was then referred to the
Neighborhood and Community Affairs Committee at the May 9, 2012 City Commission meeting. This NCAC met
on July 30, 2012 NCAC and recommended in favor of the proposed amendments.
PROPOSED ORDINANCE AMENDMENTS
The City Code currently requires applicants to present their special event plans to the neighborhood association
corresponding to the geographic area of the event However, The Tourism and Cultural Development Department
has subsequently instituted a recurring monthly special event community review meeting where all members ofthe
public are invited to participate. The Tourism and Cultural Development Department has also created an opt-in
email list to notice the community of the monthly meetings and agenda, as well as all approved permits. This
meeting has become a reliable meeting for the community to receive the required information from applicants and
for the City to receive feedback from the community.
Therefore, the Administration has proposed amending the Special Events Ordinance as follows:
A) Requirement to attend community meeting (Section 5)
Special event applications applicants are subject required to present their plans for review at tho monthly Special
Events Community Review meeting and may also be requested to present for review by the corresponding
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neighborhood association in the neighborhood by, and applicants are required to present their plans to, the
neighborhood association(s) corresponding to the geographic area where the event is proposed. In the case of
events that expect 200 or more attendees and where there is no legally constituted/recognized association, or in
the discretion of the city commission, the city manager or city manager's designee, the matter will may also be
referred for review and recommendation to the city planning board.
B) Defined penalty/fine provision (Section 9)
As you know, the City has been reviewing the City Code to standardize and streamline enforcement provisions.
The Special Event Ordinance is another section that would be more appropriately addressed through a set fine
schedule. A violator can elect to pay the fine as outlined in the established fine schedule, or request an
administrative hearing before the Special Master to appeal the decision of the Code Compliance Officer which
resulted in the violation being issued. This will ensure that the violator is afforded due process. The following
are the proposed amendments to the enforcement and penalty provisions:
(91 Enforcement and Penalties.
(a) Civil fine for violators. The following civil fines shall be imposed for a violation of this section:
(1) First offense within a 12 month period a fine of $1,000.00;
(2) Second offense within a 12 month period a fine of$2,500.00; and
(3) Third offense and subseguent offenses within a 12 month period a fine of $5,000.00.
(b) Enforcement. The code enforcement department or the Miami Beach Police Department
shall enforce the provisions of this section This shall not preclude other Jaw enforcement agencies or
regulatory bodies from anv action to assure compliance with this section and all applicable laws. If a
Miami Beach Police Officer or a Code Compliance Officer finds a violation of this section, the Miami
Beach Police Officer or the Code Compliance Officer shall issue a Notice of Violation to the violator as
provided in chapter 30 of this Code, as may be amended from time to time. The Notice of Violation
shall inform the violator of the nature of the violation, amount of fine for which the violator is liable,
instructions and due date for paying the fine, notice that the Violation may be appealed by reguesting
an administrative hearing within ten days after service of the Notice of Violation, and that failure to
appeal the violation within the ten davs. shall constitute an admission of the violation and a waiver of
the right to a hearing.
(cl Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal.
{1) A violator who has been served with a Notice of Violation shall elect either to:
a. Pay the civil fine in the manner indicated on the Notice of Violation; or
b. Request an administrative hearing before a special master to appeal the
Notice of Violation within 10 days of the issuance of the notice of violation.
{2) The procedures for aPf:?.eal by administrative hearing of the Notice of Violation shalf
be as set forth in sections 30-72 and 30-73.
{3) If the named violator, after issuance of the Notice of Violation, fails to pay the civil
fine, or fails to timely request an administrative hearing before a special master,
the special master shall be informed of such failure by report from the Code Compliance
Officer or the Miami Beach Police Officer. Failure of the named violator to appeal the
decision of the Code Compliance Officer or the Miami Beach Police Officer within the
prescribed time period shall constitute a waiver of the violator's right to administrative
hearing before the special master, and be treated as an admission of the violation, and
fines and penalties may be assessed accordingly.
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(4) Any party aggrieved by a decision of a special master may appeal that decision to a
court of competent iurisdiction
(5) The Special Master shall adjudicate a violation upon failure to request an
administrative hearing with ten (1 0) days of the issuance of the Notice of Violation, and
shall be prohibited from hearing the merits of the Notice of Violation or consideration of
the timeliness of the request for an administrative hearing.
(d) Enhanced penalties.
The following enhanced penalties shall be imposed, in addition to any mandatory fines set
forth in (9)(a) above. for violations of this Section:
ill If the offense is a fourth offense within the preceding 12 month period of time, in
addition to the fine set forth in (9)(a), the property owner, event producer or permittee
shall be restricted from receiving a Special Event Permit for a three (3) month period of
f2l If the offense is a fifth offense within six (6) months following the fourth offense, in
addition to any fine set forth in (9)(a), the property owner. event producer or permittee
wifl be restricted from receiving a Special Event Permit for a six (6} month period of
time. The property owner. event producer or permittee shall be deemed a habitual
offender.
@ The City Manager may decline to issue future Special Event Permits to such person
or entity that have been deemed habitual offenders pursuant to this section for a period
of one year, or such other period of time acceptable to the City Manager.
PROPOSED-SPECIAl EVENT GUIDELINE AMENDMENTS
A companion item is being presented in conjunction with the second reeding/public hearing of the above-noted
Special Events Ordinance amendments, to amend the special event guidelines. This amendment follows a review
of other major cities' special event procedures, review by the Production Industry Council and a group of event
producers. The following are the recommended amendments to the guidelines:
A Permit Types:
Creates additional special event permits types in order to streamline application processing for smaller,
less impactful, special events.
Public Property
• Reduce the application deadline from sixty (60) days to thirty (30) days for events with a maximum
attendance of 150 people and requiring no city services. This change will help streamline the process
for small events.
• Large more impactful events will remain with a sixty (60) day application deadline as they are more
complicated and require more advance planning.
Private Property
• Reduce the application deadline from thirty (30) days to fifteen (15) days for events taking place on
private property and requiring no city services. This streamlines the process for less impacting
events on private property, which historically require a shorter turnaround time. (Note: all other events
on private property must apply with a minimum of thirty (30) days.
B. Security Deposit:
In response to concerns that the security deposit was not sufficient enough to cover expenses for larger
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events, the following changes are proposed:
• $2,500 for small events up to 150 people
• $5,000 for events up to 1500 attendees
• $10,000 for events with between 1500 and 5000 attendees
• $20,000 + for events with more than 5000 attendees
C. Updates the list of Major Event Periods.
D. Booking Policy:
Adds language to the booking policy allowing an applicant to challenge dates already held by a "first hold"
applicant A "first hold" applicant has submitted an application and an application fee, for an event on a
certain day or dates at a particular location. If a Second Hold applicant for those held day(s) challenges a
First Hold applicant's dates, the First Hold applicant will be required to post a cash bond in the amount
equal to the estimated cost of City services (i.e. Security Deposit, Off-duty Police, Off-duty Fire and
Sanitation, etc.) within fourteen (14) days of receipt of notice from date/location challenge from the City.
Additionally, the Second Hold applicant must post a cash bond in the amount equal to the estimated cost
of City services at the time of the date challenge.
If the First Hold applicant fails to provide the City with the specified cash bond within 14 days of receipt of
notice, tha Second Hold applicant will then have a First Hold on the dates and location .the opportunity to
post a oash bond in the amount equal to the estimated cost ef City services fer their event (i.e. Off duty
Police, Off duty Fire and Sanitation, etc.) within fourteen (14 days) of receipt of notice from the City.
If the Secend Held applicant posts a cash bond with the City \Vithin 14 days, the applicant will have a First
Hold on the dates and location.
If both parties fail to post a cash bond, the dates and location are released and will be made available on a
first-come, first served basis.
E. Consecutive Day Clause: Clarifies the Consecutive Day Clause limiting venues to five (5) special event
permits per calendar year.
F. Art Basel Zone: The establishment of a zone to be bounded by 23rd Street to the north; by lincoln Lane
South to the south; by Alton road to the west; and by the Atlantic Ocean to the east, where special event
permits for non-Art Basel Miami Beach official events will not be permitted. The effective term and
duration of the Art Basel Miami Beach Zone is only intended to run concurrent with the actual ABMB Event
dates.
The following amendments to the guidelines are recommended to address changes already previously approved
by the Commission:
G. Wedding Permit Fees: The City Administration implemented a new $125 wedding permit fee as part of the
FY 10/11 budget, which was approved by the City Commission on September 20, 2010 via Resolution No.
2010-2751g. The proposed amendment will include this information in the guidelines (Section I.A.III-
Weddings and Ceremonies.
H. Late Fees: If an application is received later than the specified deadline a late application fee of $250
applies. The intent is to encourage event producers to apply timely. There is also another late fee is
applicants have not submitted all required documentation 14 days before the load-in of the event
commences. The application is then considered denied and any additional coordination requires a
reinstatement fee, commensurate with the event's permit fee:
• 0 to 14gg attendees $250
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1500 and above attendees $500
These changes to the special event fees were approved by the City Commission on September 20, 2010 via
Resolution No. 2010-27519 and were adopted as part of the FY 10/11 budget. The proposed amendment will
include this information in the guidelines (Section LAVII-Minimum Requirements; Late Application Fee).
L The Administration reviewed the guidelines and determined that the City's Administrative Policy for repeat
violators of special event permits should be formally incorporated into the guidelines. They were developed
to clarify Section 12-5(9)(b) of the City Code and impose additional penalties, in addition to fines for
violations of this Section of the City Code (Section Ill). The policy levies additional penalties for event
producers who violate the terms of their permit multiple times within the preceding 12 month period of time
and restricts the producer from obtaining additional permits for a specified period oftime depending on the
number of violations.
J. Temporary Sampling: creates a distance separation from existing sidewalk cafes and tightens the
definition of "mobile" sampling. The amendments prohibit sampling from moving vehicles and sampling
within 20 feet of an approved sidewalk cafe, outdoor cafe, outdoor restaurant, etc. On May 25, 2010, the
Neighborhoods and Community Affairs Committee reviewed the City's temporary sampling regulations and
recommended revisions to the guidelines.
K Adds additional criteria for the Manager's consideration when considering a special event permit for events
that feature a public benefit component (Section LBJLe.).
L Includes language clarifying that the City is not responsible for any expenses incurred by the applicant
(Section LB.!I!.).
M. Changes from "weeks" to "days" the requirement for the deadline for payment for City services (Section
LD.II)
N. Includes clarification language for required verification for light post banners for 501 (c) 3 non-profits
(Section II.E.III).
0. Additional proposed changes clarify the Vehicle Access Pass policy as pertaining to beach, park and
pedestrian use areas. Currently the pass is intended only for beach use. This change allows proper
regulation of safety needs for events that require access to non-beach authorized areas, such as
greenspace (Section ILA).
P. Another change clarifies waiver provisions for non-profit groups (Section LAVII-Minimum Requirements)
and amends the submission date for the Indemnity Agreement and Insurance documents (Section I.AVII-
Minimum Requirements, Indemnity Agreement; Insurance Requirements).
CONCLUSION
The subject was referred to the Neighborhood and Community Affairs Committee at the May 9, 2012 City
Commission meeting. This item is scheduled for the July 30, 2012 NCAC meeting. Therefore, the Administration
recommends the Mayor and City Commission Open and Continue the item.
JMG/HMF/MAS/GW
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ORDINANCE TO BE SUBMITTED
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