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R7G-Revise Special Events Requirements And Guidelines
COMMISSION ITEM SUMMARY Condensed Title: A resolution revising the "special events requirements and guidelines," by amending the following sections entitled "application procedure," "weddings and ceremonies," "product promotion/temporary sampling", "minimum requirements," "internal review procedure," "external review procedure," "vehicle access policy," "booking policy," "concession agreements," "use of public property," "enforcement and penalties;" and further amendin · fee schedule, and hereb · · 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 spedal events. Six in ten business owners (59%) gave the City high marks for management of events that attract large numbers of people, this figure was down considerably from 2009 (74%). South Beach business owners were most ·al events as 48° Cit fai s. The Administration has been drafting amendments to the Special Event Guidelines and Ordinance since late 2010. The 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, 201 1, 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 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 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 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. Subsequently, at their October 15, 2012 meeting. the NCAC also considered a policy amendment regarding the established Administrative Policy whereby the Administration determine no new special event applications would be considered during the month of March. This Administrative Policy was established because March is the City's busiest month in terms of resource allocation. However, some successful events held on private property the past several years are outgrowing the capacity of the property and are asking the City to consider allowing them to expand onto public property or run the risk of losing these events and the revenue generated by them to areas outside of Miami Beach. The NCAC discussed the subject and recommended additional criteria be considered when reviewing such requests. That criterion is included in the draft amendments. The recommended amendments to the Guidelines include: creating additional permit types in order to streamline the process for small, less impactful, events; increasing to the security deposit requirements for larger events; updating the list of Major Event Periods; creating a process that allows an applicant to challenge dates already being held by another applicant; creating of an Art Basel Zone; and clarifying the consecutive day clause. The proposed amendments to the Special Events Guidelines are being presented as a companion item in conjunction with the second · · · ~~~d~in~a~n~ce~a~m~e~n~d~m~e~n~t.---------------------------------------------------d The Neighborhoods and Community Affairs Committee reviewed the amendments to the Special Event Ordinance and Guidelines on February 3, 201 1, June 3, 2011, Janua 30, 2012, Ma 9, 20'1 2 and most recentl on October 1 ~_912~·:...__ _________________ ___) Financial Information: Source of Funds: Account Approved Financial Impact Summary: N/A Department Director MIBE AGENDA ITEM_:............. __ _ DATE.......:.~~~::.. 442 IBE City of Miami hac:h, 1700 Convention Center Drive, Miami Beech, Florida 33139, COMMISSION MEMORANDUM TO: Honorable Mayor Matti H. Bower and Members of the City Commission FROM: DATE: October 24, 2012 SUBJECT: A RESOlUTION OF THE MAYOR AND COMMISSION OF THE CITY OF MIAMI BEACH, REVISING THE "SPECIAl EVENTS REQUIREMENTS AND GUIDEliNES," BY AMENDING THE FOllOWING SECTIONS: "APPliCATION PROCEDURE," "WEDDINGS AND CEREMONIES," "PRODUCT PROMOTION/TEMPORARY SAMPliNG", "MINIMUM REQUIREMENTS," "INTERNAl REVIEW PROCEDURE," "EXTERNAl REVIEW PROCEDURE," "VEHIClE ACCESS POliCY," "BOOKING POliCY," "CONCESSION AGREEMENTS," "USE OF PUBliC PROPERTY," "ENFORCEMENT AND PENAl TIES;" AND FURTHER AMENDING THE SPECIAl EVENT FEE SCHEDUlE, AND HEREBY PERMITTING AND RESTRICTING FURTHER USES ON PUBliC PROPERTY. 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 is 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 serve" 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 all 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 of 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 443 Pege 2of5 October 24, 2012 City Commission Meeting Special Events Guidelines Amendment adopted by the City Commission, which codified the Special Event permit process and adopted separate 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. In addition 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, CD's, etc.). The Amendment to the Special Event Requirements and Guidelines was approved on September 17,2008 by the City Commission and became effective October 1, 2008. The Administration has been drafting amendments to the Special 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 Funkshion 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 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 reviewed the 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 it is 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. Ail 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. Subsequently, at their October 15, 2012 meeting, the NCAC also considered an policy amendment regarding the established Administrative Policy whereby the Administration determine no new special event applications would be considered during the month of March. This Administrative Policy was established because March is the City's busiest month in terms of resource allocation due to it coinciding with college and high school spring break and existing events Winter Music Conference (and with it, the related Ultra Music Festival events), Winter Party, Miami Beach 13.1 and Funkshion Fashion Week. The City made this determination through the Major Event Plan in recognition that Police, Fire, Code, Sanitation and other critical resources were already engaged in enhanced staffing that precluded the availability of necessary off-duty details required for high impact public events. Events which have historically occurred on public property were allowed to continue, as well as events contained within private property or new corporate/ non-public uses related to hotel or Convention Center rentals. However, some successful events held on private property the past several years are outgrowing the capacity of the property and are asking the City to consider allowing them to expand onto public property or run the risk of losing these events and the revenue generated by them to areas outside of Miami Beach. The Administration believes it is critical to be able to successfully manage public special events in enhanced staffing periods, like March. However, in an effort to maintain existing business, the City may wish to consider additional 444 Page 3of5 October 24, 2012 City Commission Meeting Special Events Guidelines Amendment criteria not previously addressed. The NCAC discussed the subject and recommended the following criteria be considered shall be considered by the Administration when reviewing such requests: • Whether or not the event producer has had a successful track record of obtaining special event permits and producing events in the City for no less than five (5) years in a private venue and is in need of expansion. • Such applications would be considered on a first-come, first-serve basis, until such resources are no longer able to be reserved. • The event could not occur concurrently on both private and public property. • The City will consider the event's long-term, short-term, and indirect effects on local economic industries, including but not limited to hotels, restaurants, entertainment establishments, retail, and the City. • The City will consider whether the event is compatible with the surrounding neighborhoods and complements the ambience and aesthetics of the area in which it is presented. • The City will consider the stress that such an event may place on various City services with expenses associated with additional crowd control, policing, security, parking, and traffic to be borne by the event producer. • The City will also consider the availability of these needed resources including time, people, money and equipment. • City services required for the event can be reasonably made available at the time of the proposed event. PROPOSED-SPECIAL EVENT GUIDELINE AMENDMENTS 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 that are being considered in conjunction with the second hearing/public hearing of the companion Ordinance amendment 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 from 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 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 events, the following changes are proposed: • $2,500 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 Updates the list of Major Event Periods. 445 Page 4of5 October 24, 2012 City Commission Meeting Special Events Guidefines Amendment 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 i 4 days of receipt of notice, the Second Hold applicant will then 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 events 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 implements a new $125 wedding permit fee as part of the FY 10/11 budget, which were approved by the City Commission on September 20, 2010 via Resolution No. 2010-27519. The proposed amendment will include this information in the guidelines (Section Weddings and Ceremonies. 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 1499 attendees $250 • 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 was adopted as part of the FY 10/11 budget The proposed amendment will include this information in the guidelines (Section LA VII-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 The policy states 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 period of time depending on the number of violations. 446 Page 5of5 October 24, 2012 City Commission Meeting Special Events Guidelines Amendment 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 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 regarding. K. Adds additional criteria for the Manager's consideration when considering a special event permit for events that feature a public benefit component (Section I.B.II.e.). L Includes language clarifying that the City is not responsible for any expenses incurred by the applicant (Section LB. 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 © 3 non-profits (Section II.E.III). 0. Additional proposed changes clarify the Vehicle Access Pass policy as pertaining to all 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 !LA). P. Another change clarifies waiver provisions for non-profit groups (Section I.A. VII-Minimum Requirements) and amends the submission date for the Indemnity Agreement and Insurance documents (Section LA VII- Minimum Requirements, Indemnity Agreement; Insurance Requirements). CONCLUSION In an effort to streamline the permitting process and provide better oversight and regulation of the Special Events Permit process, the Administration recommends that the City Commission approve on second reading/public hearing the proposed amendments to the Special Events Ordinance, as specified in the attachment KGB/MAS/GW T:\AGENDA\20i2\10-24-i2\Special Events Guidelines Amendment Memo.doc 447 RESOLUTION NO. __ _ A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OF MIAMI BEACH, REVISING THE "SPECIAL EVENTS REQUIREMENTS AND GUIDELINES," BY AMENDING THE FOLLOWING SECTIONS: "APPLICATION PROCEDURE," "WEDDINGS AND CEREMONIES," "PRODUCT PROMOTIONITEMPORARY SAMPLING", "MINIMUM REQUIREMENTS," "INTERNAL REVIEW PROCEDURE," "EXTERNAL REVIEW PROCEDURE," "VEHICLE ACCESS POLICY," "BOOKING POLICY," "CONCESSION AGREEMENTS," "USE OF PUBLIC PROPERTY," "ENFORCEMENT AND PENAL TIES;" AND FURTHER AMENDING THE SPECIAL EVENT FEE SCHEDULE, AND HEREBY PERMITTING AND RESTRICTING FURTHER USES ON PUBLIC PROPERTY. WHEREAS, the City of Miami Beach (the "City") declares that it is in the interest of the citizens of Miami Beach to ensure that special events are compatible with the City, which is a major and internationally recognized tourist destination; and WHEREAS, the Administration has acknowledged and recognized that various individuals and businesses have increased their efforts to hold special events throughout the City, which requires specific measures to be taken in order to minimize the disruption and impact to surrounding residential inhabitants and business entities; and WHEREAS, it is necessary to provide an orderly arrangement for the use of public facilities and public resources and to minimize disruption to the impacted surrounding built and natural environment by persons holding special events, including the activities described above; and WHEREAS, it is necessary to protect the public health, safety and welfare from potential problems associated with special events, including the activities described above; and WHEREAS, detailed revisions to the Special Events Requirements and Guidelines are provided in the attachment 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 and adopt the attached amendments to the City's Special Events Requirements and Guidelines. PASSED and ADOPTED this, the ___ day of------' 2012. MAYOR ATTEST: CITY CLERK T:\AGENDA\2012\10-24-12\Special Everts Guidelines Amendment RESO rev.doc 448 City of Miami Bec:acn, 1700 Convention Center Drive .. t\~iorni TOURISM AND CULTURAL DEVElOPMENT FilM & EVENT PRODUCTION MANAGEMENT Tel: 305-673-7577, fox: 305-673-7063 . Florida 33139, SPECIAL EVENTS REQUIREMENTS AND GUIDELINES The City of Miami Beach ("City") hosts a wide variety of special events that enrich the community for both visitors and residents. To mitigate the ever-increasing demands made upon City resources and infrastructure, applicants are required to present proposed special event activities to potentially impacted neighborhood associations and appropriate City departments to ensure that these events are compatible with the surrounding neighborhoods. This process assists in evaluating and assessing the City's resources, both in terms of personnel and use of public property and right-of-ways, to adequately protect the public safety, health and welfare of the community. This review may also require a more detailed and coordinated Major Event Plan, especially during holiday or repeat event periods that have a high impact on City services. The Special Events Ordinance (Chapter 12, Article II, Section 1 of the Miami Beach City Code) and the Special Events Requirements and Guidelines are intended, insofar as possible, to mitigate the costs of City services for special events, although it is not the intention that the costs special events permit fees be used for revenue generation. The intent of the Special Event Ordinance and the Special Events Requirements and Guidelines is: • To insure the City will have adequate advance notice of a proposed special event and the cooperation of the organizers to adequately plan City services (such as security, sanitation, parking, and traffic control) that may be required for such an event • To insure that the City's beaches, parks, and public right-of-ways are protected and conserved, by limiting the number and type of events held in these areas; and • To preserve the City's commitment to attract quality events with significant cultural and entertainment enrichment for the community at-large. This Special Events Requirements and Guidelines package has been designed to help guide applicants through the process of applying for a special events permit and to minimize disruption to the impacted surrounding environment. 449 Special Events Requirements and Guidelines 2 450 Tabt<t of Contents L· ····A.flfffttCATI.Otf .. fflf.QCft.ftU.ftft VI V\1. 1\JHNJMUMRECllJIREMETNS INSURANCE HEQUIF\EMENTS SITE PLAN H GRlTEl%1/\FOl'\Gf/\HNTOFPERMIT ill APPHOVAL·Of .. J?EFMIT IV. MLTUF;\L DiSASTER/WEATHER C. STEP 3: EXTERNAL REVJEW .. .lfRQCEDURE ··············································································································································································· +£ 0. STEP: 4CQORDIANTION Alit ·· ·· ·· ADHftRENC·ff··+O···RftGU.LATftA/\HiAND·OTHERP.OUCtEfl 1:!f!AffMII.JSM1fS\I.t ACCESS POUCY S~ BOOKING P.QtJCY I CONSECUTIVE DAY CU\USE 13 ··~~·~~FiftA7 14 Special Events Requirements and Guidelines 451 3 \1 111 .QRLHNANOE F!RE·Ilf.PHHHHTLHENT MARINE PAfJ?.QL * PERtAIT FORTEfv1PORJ\RY .. FOOD.ftAlES * BEAGH .. GLf.ANING ENVIRONMENTAL PROT£0TION * lJ!Vl~IVPIV+"2++fllELANOS " DIVISIONOFALCOHGUCBEVERAGESANO TOBACCO '"Lt.JMIUl\ LTFPARTMENT OF TfNlNSPORTATION D. :67~2$ Special Events Requirements and Guidelines 452 4 Special Events Requirements and Guidelines I. APPUCA TION PROCEDURE A City Permit is required for special events, A "special event" is generally defined by the City 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 in accordance with this section, Applications are processed on a first come, first serve£! basis, unless otherwise provided for under the booking policy herein (Section IL B), A. STEP 1: Application and Questionnaire Forms All persons or entities interested in conducting a special event must complete an application and questionnaire listing all required information, Please refer to Appendix A for a copy of the application and I. EVENTS ON PUBLIC PROPERTY taking place on public property, whether produced by a not-for-profit or but not limited to, festivals, parades, performances, and broadcasts" require a special event permit from the City, Applications and questionnaires submitted with a minimum of SIXTY (60) days notice, in order to process prior to the proposed II. EVENTS ON PRIVATE PROPERTY l £-~~~Applications and questionnaires for events proposed to take place on private property where such event would be considered a 'special event' under the City's Special Events Ordinance and these Guidelines, ,=::o=~~~~======,~==~:::,cc,L::u~~"'== Events or activities that do not require special event permits are recurring activities that are typically not open to the general public, and are customary and incidental to a permitted main or accessory use, whether by paid admission or not, and require no additional permitting, Special Events Requirements and Guidelines 5 453 Examples of customary uses for hotel properties include, but are not limited to: Weddings; Bar Mitzvah; Bat Mitzvah; Anniversaries; Baby Showers; Engagement parties; Wedding Showers; Holiday events; Awards functions; Networking Events; Fund Raisers; Charity Events; Incentive group functions (meetings, etc.); Corporate group functions (meetings); Convention group functions (meetings); Community based organization meetings; Reunions; Prom; Seminars; Sweet Sixteen; Press Conferences; Product Announcements; Political functions ( including kick offs, election night or during a campaign). Non-recurring events or activities that have extraordinary or excessive impacts on public health, safety or welfare, not normally associated in type or quantity with permitted main or accessory uses, shall require a special event permit For example: "' When temporary structures are erected (South Beach Food and Wine Festival's "Bubble Q", Art Basel}, etc.); or "' When a temporary occupant load is required; or "' Television, entertainment events or casting calls open to the public (American ~~~~~~.or "' Musical performances (Winter Music Conference). Conditional uses are recurring activities open to the general public, whether by paid admission or not, identified in the City's Land Development Regulations, and requiring a public hearing (e.g., Neighborhood Impact Establishments or Outdoor Entertainment Establishments such as Sky Bar, Raleigh Hotel Sunday Soiree, etc.). Non~conforming uses in residential districts are prohibited from obtaining special event permits. Additionally, consistent with Section 142-693 (c), Section 142-302, and Section 142-485 of the City Code, special event permits will not be issued to non-conforming properties south of Fifth Street, or in the area generally bounded by Purdy Avenue on the west, 201h Street on the north, Alton Road on the east, and Dade Boulevard on the south. Ill. WEDDINGS~ ~CEREMONIES !i[!1~~!!!!J~~!!!2 A Wedding)Ceremony and Team Building Permit allows for a use of public property in the City, other than within existing rental areas of the Parks Department A Wedding.JCeremonyand Team Building Permit allows for limited elements ("Elements"), defined as the following: chairs, runner, archl-chupa, ~=~~=:..::~=~~~~=~~==~.----~ operated stereo, acoustical performer(s), riser (48" or less) and a single 10'X10' pop up tent Any additional Elements or activity exceeding the Guidelines and restrictions (see below), inclusive of an adjacent reception would require special event permitting, or prior written approval of the City Manager or his/her designee. REQUIREMENTS: 1. A completed Wedding,JCeremony and Team Building Permit application, detailing exact location, date, times, Elements and number of attendees shall be submitted no less than prior to wedding/ceremony. 2. A site plan of the area and Elements, detailing area features and showing measurements of entire site. LApproved signature survey from and all contracted or concession user(s) if the area requested falls within a contracted or concession use. RESTRICTIONS: Special Events Requirements and Guidelines 6 454 approved Elements shaH be hand carried or carted to site. Vehicles will be permitted in areas designated for authorized use only, including beach/sand, parks, sidewalks, pedestrian access areas, with prior written approval of the City Manager or his/ her designee approval and vehicle beach access passes ($150.00 ea.) in conformity with Beach Vehicle Access Policy herein (Section D. II. A.). st through October 31st additional restrictions will apply per State of Florida Department of Environmental Protection ("DEP") Marine Turtle Guidelines. DEP permits may be required throughout the year. ;:;~ ~Following the must be left in IV. MARKETS -For information on how to become a market producer or vendor, please contact the City of Miami Beach Procurement Department at 305-673-7490. V. PRODUCT PROMOTION/ TEMPORARY SAMPLING -A Temporary Sampling Permit allows for the non-permanent and mobile distribution of single serving goods or services to the public with no direct or indirect commercial exchange provided on public property within the commercial and mixed-use zoning districts of the City. REQUIREMENTS: Applicants wishing to procure a Temporary Sampling Permit shall provide the following information to the City's Department of Tourism and Cultural Development no less than 10 working days prior to said activity: 1. Application for Temporary Sampling Permit. 2. Samples and/or descriptive literature of products or services to be distributed. 3. Quantity of product(s) to be distributed. 4. General Liability Insurance of no less than One (1) Million U.S. dollars or equivalent value naming the City of Miami Beach as additional insured and certificate holder including the City's address as per Section A VI! (INSURANCE REQUIREMENTS). The certificate must not be older than 90 days. 5. Completed, executed and notarized Indemnification, holding the City of Miami Beach harmless for all approved activities as well as from effects of products or services sampled. 6. A permit fee of $2,000.00 per singular team, per day, payable to the City of Miami Beach and due before commencement of activity. A singular team is defined as no more than five (5) people in total distributing the same product in location specified on the permit or within 500 feet of that location. This fee is refundable if permit is cancelled or denied. 7. A security deposit of $2, 500.00 is due upon submission of application. Security deposits will be refunded approximately 4-6 weeks post activity, if ail restrictions are followed, public property is left in as good or better condition than when activity commenced, and all City invoices are paid. Failure to comply with restrictions imposed automatically results in forfeiture of up to full value of security deposit. 8. Identify location where the temporary sampling activity will occur. RESTRICTIONS: 1. Permittee or his/her representative must maintain the original permit with them during the activity. 2. Permit is valid for only one singular team of no more than five (5) people in total for the location specified in the permit or within 500 feet of that location. Special Events Requirements and Guidelines 7 455 3. Permit is valid only for date(s) issued. 4. Permit is valid only for approved product(s) as presented in application and printed on permit. 5. Permittee is solely responsible for comprehensive sanitation of any and all areas utilized and their surrounding areas, inclusive of ensuring any sample by-product or literature discarded by the permittee, his/her representative, or the public is removed and discarded appropriately. 6. Permittee or his/her representative may not at any time erect tables, tents, chairs, banners, flags, fencing, inflatables, signs or other elements in public areas or right of ways. 7. Permittee or his/her representative may not at any time attach posters, flyers, stickers or other elements on buildings, trees, lightpoles, newspaper racks, telephone booths, or other public elements. Hand to hand distribution of information must follow City's Handbill Ordinance, as codified in Article 3, Section 46 of the City Code. A Temporary Sampling Permit shall not be required for the distribution of literature, periodicals or other non-product or service related materials, as long as thay have ~no exchangeable or redeemable value. 8. Permittee or his/her representative may not reserve meters for the parking promotional vehicles (skinned or unskinned). Any and all parking must be in accordance with the City parking regulations. or his/her representative may not employ any generators, use electrical outlets or require, install or lay wiring across the public right of ways. or his/her representative must maintain no less than five (5) feet of unobstructed public access on sidewalks at all times. or his/her representatives are bound by the Miami-Dade County and City of Miami Beach Noise Ordinances at all times. Permittee wishes to distribute material in an area contracted or permitted for concession, outdoor cafe, event, filming or other such use, Permittee must provide approved signature survey form from affected party. City does not permit stand alone product promotion events. Product promotions are only permitted for sponsors of permitted special events only within the permitted boundaries of such special event. PENAL TIES: Violators of terms of a Temporary Sampling Permit may be subject to one or more of the following: • Revocation of permit and immediate cease and desist order issued. • Forfeiture of full or partial security deposit at discretion of City Manager or his/ her designee. • Subsequent doubling of previous security deposit for future applications. • The product and/or other products from parent company will be restricted from distribution in any future Temporary Sampling Permits for a period to be determined by the City Manager or his/ her designee. • Fines and further penalties as Article II, Section 12-5 (9) of the City Code. VI. RIDES AND AMUSEMENTS -The City does not allow for-profit carnivals, amusement parks, or carnival-related mechanical amusement rides. VII. MINIMUM REQUIREMENTS -The minimum requirements to apply for a Special Events Permit are: • APPLICA TIONIPROCESSING FEE-This fee is non-refundable and must be made payable to the City of Miami Beach at the time of application. Please see attached Fee Schedule (Appendix D) to determine fee amount. Special Events Requirements and Guidelines 8 456 • PERMIT FEE-This fee is refundable if application is denied and must be made payable to the City of Miami Beach at the time of application. Please see attached Fee Schedule (Appendix D) to determine fee amount refundable security deposit will be required no later than days prior to the event Based on the scope and location of the event, a pre-and post-event site inspection may be conducted by the applicant and appropriate City personnel to determine existing conditions and evaluate potential damages, if any. Security deposits will be {approximately -weeks after the event} if all conditions are followed, public property is left in as good condition or better and without damage, ~~~~~~~-="""'"=,;;"=-c~====== and all City invoices -Failure to comply with restrictions imposed may result in forfeiture the or security Any post-event balance or fines owed to the City, its employees, Departmental or Facility charge/expenses, damage, repair or replacement cost(s), etc. may be deducted from the security deposit Any unpaid balance owed exceeding the security deposit will be cause for refusal to accept future special event permit applications. Such applications will not be considered until outstanding debts to the City are paid in full (i.e. License Fee, Code Enforcement Lien, Special Assessment Lien and/or any other debt or obligation due to the City under State or local law). PLEASE NOTE: Security deposits cannot be waived:. • INDEMNITY AGREEMENT-An Indemnity Agreement must be executed and notarized with an original and, if a corporation is the applicant or the application is filed on behalf of a corporation, the company seal must be affixed to the document The Agreement must be submitted no later than days prior to ==.;:;.~ the event. • INSURANCE REQUIREMENTS -The City of Miami Beach must be named as an additional insured and policyholder on all insurance certificates issued for the event. All insurance policies must be issued by companies that are authorized to do business in the State of Florida, and have a rating of B+VI or better in the current edition of Best's Key Rating Guide. The Certificate of Insurance must state the time, date, location and name of the covered event, Including set-up and breakdown day(s), date(s), and time(s). Applicants have the option of submitting a Certificate of Insurance for each policy year. The City of Miami Beach reserves the absolute right at its sole discretion to increase these requirements, as necessary, to protect the interests of the City, including an increase in the amount and type of coverage required, depending upon the scope and nature of the special event. • Commercial General Liability -Commercial General Liability insurance, on an occurrence Special Events Requirements and Guidelines 9 457 form, must be obtained in the amount of at least $1,000,000 per occurrence for bodily injury, death, property damage, and personal injury. The policy must include coverage for contractual liability. e Worker's Compensation And Employer's Liability -Contractors must submit proof of Workers' Compensation and Employer's Liability in the form of a Certificate of Insurance. All other State regulations apply. e Liquor Liability-If alcoholic beverages are to be sold or served at the event, the group or individuals selling or serving the alcoholic beverage must obtain Liquor Liability Insurance in the minimum amount of $1 ,000,000. The sale of alcoholic beverages must be in compliance with the Liquor Control Regulations of the Code of the City of Miami Beach. The City's Risk Manager must approve the Certificate of Insurance. Once approved, the Certificate will be kept on file in the City's Risk Management Division. The insurance requirements must be met no later than days prior to=~~ the event PLEASE NOTE: Insurance requirements cannot be waived.:. • SITE PLAN -A preliminary site plan submitted HB·+et;t++r+aF+-t+a++JB+AE+tl+++lrc-e:cH+ee A final site plan must be submitted no later than The site plan must show detailed diagram(s) drawn to scale of the event including: the location of concession booths, portable toilets, dumpsters, public, emergency and accessible routes, location of stages and entertainment and orientation of loudspeakers, locations for electricity and water, generators, lighting towers, NC units, fenced or walled areas, disability access elements such as accessible parking, accessible paths of travel, accessible portable toilets, and other relevant elements. All generators, lighting towers and NC units must be fenced in or barricaded to prevent crowds from coming into contact with them. In addition, a narrative describing all temporary installations must be attached for beachfront events. For purposes of herein, "beachfront" is described as seaward of the Coastal Construction Control line. Once the site plan is approved it cannot be altered without the prior written consent of the City Manager or his/ her designee. B. STEP 2: Internal Review Procedure All proposed events with projected attendance of 200 persons or greater on public property, or private property where such event would not be incidental generally or without restriction throughout a particular zoning district, will be reviewed by the City's Internal Special Events Committee. The Internal Special Events Committee meets monthly and is composed of representatives from City departments, including, but not limited to Police, Fire, Tourism and Cultural Development, Public Works, Parking, Planning, Code Compliance and Parks Departments. The Committee will review and comment on the proposed site, security, parking, transportation, and any and all other necessary plans for the proposed event. These comments will be incorporated with those received through the neighborhood review process. Tourism and Cultural Development Department staff will indicate the specific requirements the applicant will need the time frame for completing these requirements. Special Events Requirements and Guidelines 10 458 The City Manager will make a final determination on an application for a special events permit within seven (7) days after all special events requirements applicable to the event have been fulfilled, Such requirements must be fully completed by the applicant no later than thirty (30) days prior to the event Some requirements may require more time. No refunds will be made after a permit is issued; however, payment does not constitute permission to hold the event All approved permits must be available for inspection on site at all times. For special events produced by Bt:++\'€7fCl7-!:!!U!£1~-=' Manager may waive permit ~~~~~.~.~· propertieS, S8t!8F8·f~1aaata~}6~~F·8XG~~V~+~~e;~~~~;a~~9¥tf3B€i8GS!HR589+8t?RJ19HfefBFB9!G aan:u:;sH:>ns rees a110·sace;?rl·ooo .... se,Jerao4?a:no rnerc:nanr11se on:o;JOJ1G+:Jra~Jl¥ wt1Em such waiver is found to be in the best interest of the City. No waivers are allowed for personnel-based expenses (city SJ""~~~~QQ!2lhl9J~!l:mJ912.Q!iJlJ2IJ!l:mL....§_\LQlJTil0TI~00L§. In determining waiver of permit fees, no consideration may be given to the message of the event or content of speech, or to the identity or associational relationship of the applicant. ~~~=-::=-:~~~=~~~==~~~~=~"""-~"-!. I. Major Event Periods (MEP) -The City first evaluates the City's needs, impacts and quality of life issues during MEP's. The City will then also specifically evaluate the impact of events proposed to take place during holiday weekends and major event periods, which create a significant demand on City services and resources. The City may determine an MEP to have high intensity on City services and, therefore, may prohibit the issuance of special events permits during these periods. The City may also determine that enhanced City services are required during such periods. In such instances, costs for enhanced services will be shared equally by and between all permitted events. The City has identified repeat ~~~~~~= event periods which historically have a high impact on City services. It is realistic to expect these activity periods to continue to be popular in Miami Beach, bringing large crowds that will require additional City service levels and interagency support These MEP's include, but are not limited to, the following: • February-Miami International Boat Show"""/Brokerage Yacht Show"'jFood & Wine Festival, and Super Bowl (} .... March-Winter Music Conference. !Winter PalrtV!QQ!aa&aao+ .. JJaaauao8llv8ll May -Memorial Day • July-Independence Day • September -Labor Day Weekend • The Major Events Committee will take note of announced events and potential events of significance and initiate customized action plans. Each City department has specific action plans to address the requisite levels of service and outline their efforts and responsibilities associated with any upcoming major event planned within the City. • Major Event Plan ~ The Major Event Plan attempts to address the impact of an event and set forth the action plan involved from a preparation and implementation perspective and sets forth each Special Events Requirements and Guidelines 11 459 City Department's service levels contingent upon anticipated population levels associated with each MEP and ancillary/related events. II. Criteria for Grant of Special Event Permit ~ The City Manager shall be charged with 1he responsibility and authority to determine whether a particular applicant shaH be granted a special events permit The City Manager shall have sole authority, subject to the appeal process in STEP 3 of the Guidelines, to approve, approve with conditions, deny, and/or revoke a special event permits upon considering the following factors: 1. Type of Event a. The type of Event covers aspects of the event that relate to what demands the City is likely to experience attendees can be expected. Other oeJlerr;;seroe1:F1:H;;;e;csQQ§JQ§JQ§JQLJJ.S:£1£J±J~. may stem from the hosting of one show versus another. Community profile, reoccurrence, and nature of the venue all are components to be evaluated in the Type of Event category. b. Another important aspect of is the value of ancillary events and conferences that may surround the event (other smaller shows I events). These may or may not be side events directly managed, or a part of, the event under review, or may _be shows and conferences from other sponsors that take advantage of the attendee population the main show. The venues for these other ancillary shows could be local hotels, arenas and parks, large event Side events of this type may be considered a positive, from the additional economic impact they may provide, or they may be considered a detriment, depending on the nature and history of these side events. c. Whether event is conducted for an unlawful purpose and/or in violation of Federal, State, County or Municipal laws. d. The existence of conflict or interference with another event or another applicant who has obtained a valid special event permit When there are competing applications which are substantially for the same time and place, priority will be given on a first-come, first-served basis, but a first priority will be given to a pre-established, annual event, which is defined as one which has a minimum of five (5) consecutive years of existence in the City under the same ownership, is in good standing (which includes being current on all prior debts), and has complied with other applicable all obligations to the City in a timely fashion. 2. Economic Impact to the City a. The City will consider the event's long-term, short-term, and indirect effects on profit/costs to local economic industries, including but not limited to hotels, restaurants, entertainment establishments, retail, and the City. b. The City will also consider events undertaken by not-for-profit organizations that demonstrate directly helping a charitable cause. c. An Economic Impact Survey is required to determine if an event has demonstrated a positive economic impact to the City. 3. Infrastructure and Service Demands (Quality of Life) a. The City will consider whether the event is compatible with the surrounding neighborhoods and complements the ambience and aesthetics of the area in which it is presented. Special Events Requirements and Guidelines 12 460 b. The City will consider whether the event poses a public threat to residents, businesses, and visitors, not considering content of speech, message, or reaction to the message. c. The stress that a show may place on various City services is considered in the evaluation process. Expenses associated with additional crowd control, policing, security, parking, and traffic shall be considered. d. The City will also consider the availability of these needed resources including time, people, money and equipment e. Additionally, more intangible aspects of the effects that an event may have, relating to the quality of life aspects that may positively or negatively impact the local flavor of the City and the lives of the resident population, are also considered in this area, including the urgency of the event, the reaHstic time frame, and other events taking place in the City and South Florida area at the same time. f. Interference with traffic in the area contiguous to the event, and availability at the time of the proposed event of sufficient City resources to address the events potential impacts and mitigate the potential disruption. g. Availability of police officers, traffic control aides and traffic control equipment to protect the participants in the event and protect the non-participants from traffic related and other hazards in light of the need and demand for police protection at the time of the proposed event h. Concentration of persons, vehicles or other structures at the event and feasibility of disbanding the area in order to allow fire, police and ambulance services. L Substantial likelihood of subjecting neighborhood in immediate vicinity of proposed site of event to unreasonable and prolonged noise, littering, or parking difficulties. j. City services required for the event cannot be reasonably made available at the time of the proposed event 4. References a. The event shall provide references from other locations that it has used. The evaluation should consider not only the references themselves but the quality of the references and the sources from which they come. A list of references that cover not only the previous venues for that event, but also the references from that City, its police and any civic organization that the past venue impacted showing the good citizenship and positive economic impact the event has had in other places where it has been held. b. Whether same or similar event has a history of causing or resulting in a threat to public safety in Miami Beach or elsewhere, except that if the public safety problem was caused by crowd reactions to the event's message, this factor alone, shaH not be sufficient cause to deny or revoke a City special event permit c. Material misrepresentation or incorrect material information made in the application process. Prior to a denial or revocation based on this factor, the City Manager shall give the applicant an opportunity to cure, satisfactorily rebut, or revise such evidence. d. Failure to complete payment of any sums required for a previous event until such time as payment is received. e. Failure to substantially perform a clean-up plan which was made a condition of a previous permit Special Events Requirements and Guidelines 13 461 f. Failure to adhere to City policy as prescribed by the Special Events Requirements and Guidelines, or other applicable laws where the health, safety and welfare of the community is potentially affected. 5. Promotional Value a. Is the event under consideration a high profile event with good name recognition and a good reputation? The evaluation must try to assess the importance of having the City and the event linked in the press. All positive results that may be derived from the association should be considered. It may be that the value of having the event lies in the other high profile events that traditionally follow this one. positive publicity surrounding a high profile event may have had the effect long term increases in local tourism and free positive publicity for the area as a whole, increasing general business activity. No permit shall be denied nor shall the applicant for a permit be given less favorable treatment as to time, manner and place on account of any message which may be conveyed at an event, or on account of the identity or associational relationships of the applicant No permit shall be denied nor shall the applicant for a permit be given less favorable treatment as to time, manner, or place on account of any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the event, provided that reasonable accommodation as to time, manner and place may be required in order for the City to provide the resources necessary for protection of health, safety and welfare. Special Events Requirements and Guidelim;,s 14 462 No event applicant or permittee, shall be required to provide for, or pay for the cost of, public safety personnel necessary to provide for the protection of an event and its attendees from hostile members of the public or counter-demonstrators, or for traffic control outside the event area or for general law enforcement in the vicinity of the event Ill. Criteria for Approval of Permit-After all required elements are completed, and City Departments and impacted neighborhoods have reviewed and submitted their comments regarding an application, the City Manager shall do the following: • Approve the permit; • Approve the permit with conditions: or • Deny the permit upon conditions (as set forth in these Guidelines). If the permit is approved, the City Manager, in consultation with the heads of the affected City Departments, shall also impose any necessary restrictions or conditions as to the time, manner and place to be observed in accordance with public safety, environmental and administrative considerations (based upon the application), provided that such considerations shall not include any consideration of the content of any speech or message that may be conveyed by such event, nor by any considerations concerning the identity or associational relationships of the applicant, nor to any assumptions or predictions as to the response that may be aroused in the public by the content of speech or message conveyed by the event After the City Manager approves the issuance of a permit, the applicant may obtain such permit by agreeing to accept the "Terms and Conditions" imposed in accordance with these Guidelines. If the City Manager denies or subsequently revokes a permit, he will provide the applicant/permit holder with written notification and reasons for the denial/revocation of the permit (which shaH be consistent with the criteria in these Guidelines). IV. Natural Disaster/Weather -The declaration of an emergency, threat or a natural disaster, including extreme weather or the existence of a national threat, shall be just cause for the denial or revocation of a Special Event Permit. Under extreme weather conditions, including lightning storms, the City may temporarily suspend all operations or cancel an event C. STEP 3: External Review Procedure Special events in the City of Miami Beach are subject to review and recommendation by the corresponding neighborhood or business as:socaat1on -~-~~~~~~~~~=~~==~~~ =~=.:_:.=-~~'""· Applicants will be required to present their plans to the appropriate neighborhood association. In the case where there is no legally constituted/recognized association and the expected event attendance exceeds 200, the matter may be referred to the City of Miami Beach Planning Board for review and recommendation. Recommendations from the respective associations or the Planning Board, stating its position on the proposed event, should be submitted to the Special Events Office at least 30 days prior to the event The City will only recognize neighborhood associations that have filed for and received official neighborhood status. In order to receive official neighborhood status, organizations must meet the City's criteria. The City's criteria and a list of recognized neighborhood associations can be found on the City's website at~~~~=~~~· Special Events Requirements and Guidelines 15 463 The City Manager shall consider recommendations from neighborhood association(s) in determining whether to grant a Special Event Permit or what conditions to impose upon granting of the permit Notwithstanding, the City, through the City Manager, reserves the right to approve, approve with conditions, deny, and/or revoke any Special Event Permit Permits may not be transferred, assigned or sublet, without prior written approval of the City Manager. The final decision for authorization of a Special Event Permit remains with the City Manager subject to an appeal as follows. In the event of a lack of consensus between the neighborhood association(s} (or Planning Board) and the City Manager regarding a decision on a permit, the association(s) (or Planning Board) may appeal the Manager's decision to the Mayor and City Commission for consideration at its next available meeting. The appeal must indicate in writing the association's (or Board's) reasons for disagreement with the Manager's decision in approving or denying the permit being appealed. Such appeal also must be accompanied by a written resolution of a majority of the board of the association (or the Planning Board) indicating the decision to file the appeal. The Mayor and City Commission may affirm, modify or reverse the decision of the City Manager. If the date scheduled for the proposed event arrives before the next available Commission meeting, the decision of the Manager will be finaL If approval of the proposed event is delayed such that the event cannot be held on the date(s) and time(s) specified in the permit application, or if the event is not approved at all, the City will not be held Hable for any expense(s), losses, or liabilities or other inconveniences incurred by the applicant as a result of same. D. STEP 4: Coordination of City Services Special events often require the supplementing or hiring of City services. The City's Special Events Office will review comments received during the internal and external review processes and will determine minimum staffing levels, with recommendations from the relevant Department directors. The City may also determine that enhanced City services are required during Major Event Periods (MEP's) in order to mitigate excessive stresses on City resources. In such instances, costs for enhanced services will be shared equally by and between all permitted events. The City assumes no liability arising or resulting from the determinations of minimum staffing levels or the requirements for any events. A list of frequently required services is provided herein. Fully paid receipts/invoices for required supplemental or City services and equipment rental must be submitted to the Special Events Office no less than two (2) weeks prior to an event Any additional services rendered by the City for the event will be charged to the applicant and may be deducted from the security deposit. When City personnel are employed, there will be a four (4) hour minimum charge rendered by the appropriate Department to compensate each employee engaged by the applicant. II. ADHERENCE TO REGULATIONS AND OTHER POLICIES The City of Miami Beach reserves the right to provide services that it believes are necessary and sufficient to safeguard and ensure the health, safety and welfare for all participants, visitors, businesses, staff and general citizenry. All arrangements for services or facilities shall be staffed and paid for at least-two {2} ~m£~f±Il~B:::±B:::±B:::±!Y§ prior to event An applicant's budgetary constraints cannot dictate staffing levels required for public safety. In addition to compliance with all applicable Federal, State and County regulations, the applicant shall comply with all City codes, regulations, and laws. Any other permits, as may be required by the City of Miami Beach, Miami-Dade County, the State of Florida, or the Federal government, must be obtained and adhered to. It is the sole responsibility of the applicant to obtain all permits and comply with requirements, including but not limited to those described herein. Special Events Requirements and Guidelines 16 464 A. The City of Miami Beach, under no circumstances, guarantees, warrants or represents that the issuance of a Special Event Permit exempts the event from obtaining, or ensure the obtaining of, any permits or complying with any requirements which may be required currently or in the future by any Federal, State or local authorities, including other permits that may be required by the City. The City Manager has the authority to alter or end an event at any time it is determined necessary to assure the continued health, welfare and safety of the City's residents and visitors. lack of compliance with the City Manager's directives, including but not limited to, audio volume and adherence to site plan, shall be sufficient cause to warrant an event's closing (or other remedies provided in the City Code or herein). Issuance of a required Federal, State, or local permit does not authorize permission to hold an event A City Special Event Permit must be issued to constitute authorization from the City to hold the activity. All pre-payment schedules for City services are due, as indicated, except the City reserves the right to waive this requirement for events which have an exemplary prompt payment history with the City established over the course of at least five (5) years. possible, and/or golf carts should be utilized by event producers for events taking place on the beach or in ~~illl'::lll~~_§11S2U~U:ll:!Ui§. Notwithstanding the above. certain events taking place on the beach~ =;,;,;.;;;;,--=__;;;;,~~=~==-='-"'~= may require vehicular access the and out of equipment for the must be FfBiFti-l~~~q§1l£ill..mJ~ immediately thereafter. There is a vehicle access fee of $150.00, per vehicle, per event Event producers may purchase a maximum of ten (10) Vehicle Be-ash-Access Permits per ·~==~==~~==c::::.:...;;~=~=~~~~~=:.:........:;;=.:.:.=......:...:..:c:::.:........===· A Vehicle ~:'!tift must be on windshield of aR¥ such vehicles must be escorted on operating vehicles on the follow the procedures listed herein: o Due care and caution will be utilized at all times while driving any vehicle on the ==.:...~==~ o vehicles on the enter and depart the area beaGh at the nearest access point to the call. o Prior to entering the vehicle headlights and overhead flashing lights (if equipped) or flashers will be turned on. o Drivers must turn off radios and shall roll down both the passenger and driver's side front windows of their vehicle while operating a vehicle on the QS2~U@TILQJ:JL!.!l§J[.£!]:llilQlli~!....hl3~2..[§11'!9ea<m. o Maximum speed allowed on the is 5 MPH. o Vehicles, SUVs, and trucks are prohibited from driving on the soft sand where hard pack sand exists. o Vehicles, SUVs, and trucks shall stay west of the garbage cans on the hard ail times. o Do not drive over hills or berms (dunes) or near objects that may obstruct your view. o If you stop and exit your vehicle, walk completely around the vehicle prior to rAc•nr.,.,..,...,,... your vehicle and moving it o Traffic cones (orange, 18" high) must be placed at the front and rear of vehicles when parked on the oe.e~47fl~~~n.J .... P~fl$ QI QJII.f2U21W:lQThG§Q~UJIS:.9.· Special Events Requirements and Guidelines 17 465 o Use of a cellular phone or walkie talkies while the vehicle is in motion is prohibited. o Personal vehicles are prohibited on the ~~U2ID:~2I_QlLlSZL-ID!l!J.I~~~~~§!~rn**''R-at These procedures are to be complied with at all times by anyone operating a vehicle on the =~~=~ Failure to comply with these procedures may result in immediate revocation of the permit and termination of the event B. Booking Policy~ Public locations are booked on a first-come, first~served basis, but a first priority will be given to pre-established, annual events, which are defined as those events having a minimum of five (5) consecutive years of existence in the City under the same ownership; which are in good standing (which includes being current on all prior debts); which have complied obligations in a timely fashion to the City; and which have demonstrated a positive economic impact on the City of Miami Beach. A special event shall not be booked if it interferes with a previously scheduled activity, event or repair work scheduled for the proposed site. The City Manager may take into account simultaneously occurring events in the region or other factors that would impact the City's capability to host an event before approving an event Special Events Requirements and Guidelines 18 466 I. Cc:msecutive~Day ~ In no case shall a permit be issued to an applicant or venue, for substantially similar events, for more than four (4) consecutive days or five (5) non-consecutive ~s of not more than four (4)~tlve days each during the course of a calendar year. A separate Special Event Permit shall be required for each individual venue of a multi~venue event Certain public locations are appropriate for special events, but do not have certificates of use and occupancy defining their use. Such locations shall not be limited to the five (5) non-consecutive days per year limitation. Business or merchant associations are permitted to have events throughout the calendar year that promote and encourage patronage of the businesses in the geographic boundaries of the association. These events may NOT be retail oriented and MUST be free and open to the general public. A Special Event Permit may be required for such events and shall be obtained by the association. Such approvals shall abide by the City's Special Events Requirements and Guidelines. The City Manager shall have the discretion to approve a Special Event Permit for events which exceed the consecutive day and shall also have the discretion to amend, modify or temporarily suspend the permit for such events. C. Concession Agreements -events which include retail sales or vending will be required to enter into a written concession agreement with the City. Beachfront and non-beachfront events shall provide 15% and 10% respectively of all gross revenues derived from admissions and the sale of food, beverages, and merchandise. In the case where a producer rents booths for the sale of food, beverage and merchandise, the gross rate shall be calculated on the rental and/or concession revenues received by the applicant or the gross revenue generated by the concessions regardless of whether the applicant derives direct or indirect financial gain from such revenue. Copies of concession agreements and disclosure of all principals must be provided to the Special Events Office two (2) weeks prior to the event A notarized statement, certified by a Certified Public Accountant (CPA), of the above referenced revenue, along with payment of the aforementioned percentage, must be provided to the City no later than thirty (30) days following the event The Security Deposit on file will not be released until such statement and payment have been submitted to and accepted by the City. Under the terms of the agreements between the City of Miami Beach and its beachfront concessionaires , there exists exclusivity for rental of beach equipment, water and recreational equipment, food and beverage service on the beachfront, east of the cora! rock wall at Pier Park (Biscayne Street to First Street); and east of the sand dune in Lummus Park (from Fifth Street to Fourteenth Lane); Ocean Terrace (73 Street to 75 Streets); and North Shore Open Space Park (79 Street to 87 Streets). Additionally, the City may enter into additional agreements in the future with beachfront concessionaires for other beachfront locations seaward of City~owned property and/or seaward of street-ends at public right-of~ ways. Any proposed special event to be held on the beach within one of the aforestated concessionaire's jurisdiction is subject to review by the concessionaire. Notification to the concessionaire by the applicant must be in writing at least 60 days prior to the event. A copy of the applicant's agreement with the concessionaire or a letter of release from the concessionaire must be submitted to the Special Events Special Events Requirements and Guidelines 19 467 Office at least thirty (30) days prior to the event Up-land Concession Areas -The City issues licenses to operate beachfront concessions to up~land property owners (areas located behind private property) from Government Cut to 87 Terrace. A written release from upland owner concessionaires is required for events proposed behind private property that may interfere with these up~land concession areas and must be submitted to the Special Events Office at least thirty (30) days prior to the event I D. Use of Public Property =:: holders will be charged a net square footage rate of $.25 per square foot for public property occupied by the event for stages, booths, displays or areas restricted for exclusive use by the event The Square Footage Fee will be calculated in the following manner: Enclosed Site: Aggregating the square footage of the total fenced area. Non~enclosed Site: Aggregating the square footage of the individual fixtures of the event (i.e. stages, booths, tents, display areas, bleachers, etc ... t The City Manager may, in his/her discretion, waive this fee for events by not-for-profit corporations, or other event, when such waiver is found to be in the best interest of the City. In the case that the permit holder is operating under a concession agreement with the City, the net square footage rate may not be applicable. E. Event Signage -Sponsorship banners and signage are allowed within the designated event site only and may be displayed only during the event Banners must be immediately removed from the site following the event I. Special Event Billboard Signs -Up to five (5) banners or billboard signs with a maximum size of 4'x8' may be approved for placement in designated public locations in the City. These signs are required to obtain Design Review approval from the Planning Department A City application must be submitted to the Planning Department, no later than 60 days prior to the event A Building Permit is also required prior to installation. II. Street Banners --Event advertising banners shall not extend or project over any portion of any street, or right-of-way. Ill. Ughtpost Banners --Ughtpost banners are permitted in the City when approved by the Planning Department and the City Manager for special events taking place in the City of Miami Beach, and by the City Commission, for special events held outside of the City of Miami Beach. The application process begins at the Planning Department for Design Review approval no less than 90 days prior to the special event Approved lightpost banner design with the banner locations are then forwarded to the Special Events Office. A $50.00 per banner fee ($25.00 per banner fee if applicant is a ~¥~r;?.~Sill::&QLJ:lli!£C~lhill~ml.i?f.i?fJI:i2fJI:i2fJI:i2fJI:i2fdi@:?i@:?~2f!!:=llim:JQIQ!ll and processing fee will apply. Lightpost banners on State Roads (Le. 5th Street, Collins Avenue, 41st Street, etc.) require an additional permit from the Florida Department of Transportation. F. Grandfather Clause Notwithstanding the requirements described herein, the City recognizes the intrinsic historical, social, and cultural significance and importance of certain longstanding special events held continuously, on an annual basis, within the City. In recognition of such traditional longstanding events, special events in continuous annual operation since 1985 (Miami Beach Festival of the Arts and Art Deco Weekend) are herein deemed "grandfathered-in" solely for purposes of the following items and shall not be subject to these conditions: • Square footage fee; • Lummus Park user fee; Special Events Requirements and Guidelines 20 468 • Street closure sign-off requirement; • Concession Agreement and User Fee; and • Security Deposit (Security Deposit will remain at $2,500). G. Resort Tax AI! events that include sales of food, beverages, alcoholic beverages, or wine are required to levy a two percent (2%) tax, as per Miami Beach City Code Chapter 102, Article IV. A copy of the aforementioned section of the City Code and the Special Event Resort Tax Return forms are available through the Special Events Office. It is the responsibility of the event producer to collect, complete the form and remit payment to the City. J. Sponsorship Requirements IlL The following is a list of publicity and credit requirements for events or programs receiving financial or in- kind support from the City of Miami Beach: • Prominently display City of Miami Beach logo in all promotional marketing materials related to the event/program including, but not limited to, advertisements, brochures, websites, e-mails, newsletters, banners, posters, event programs, and other print and/or electronic publications. • Include the following credit line in all print news and press releases and broadcast media:"This event/program made possible with support from the City of Miami Beach" and include a quote from City of Miami Beach Mayor. • One full page full color ad in program guide • Website link to~~~~==~~· • Events/programs offering travel packages will also provide a link for to the following websites: 0 0 • On-stage slgnage in a prime location (if applicable). • Provide a booth/display area at events (if applicable). • Live announcement(s) during the event by emcee. The City reserves the right to negotiate additional terms if in-kind and financial support is in excess of $25,000. Special Events Requirements and Guidelines 21 469 in Special Events Requirements and Guidelines 22 470 IV. CITY OF MIAMI BEACH AGENCIES A. Building Department I. Building and Electrical Permits ~ Pursuant to the South Florida Building Code, the City's Building Department must issue a building permit for ali special events involving temporary construction or the use of temporary electrical power., Examples of temporary construction include, but are not limited to, freestanding tents, stages, fences, bleachers, and electrical. The applicant must present Special Events Requirements and Guidelines 23 471 of the Building Permit to the City's Special Events Office at least to the event II. Americans with Disabilities Act mAll special events must be designed and operated in a manner to be in compliance with Chapter 553, Florida Statutes (the Florida Accessibility Code). The following checklist is provided for guidance as to how compliance must be achieved: 1. Ensure curb cuts and cross walks are kept free and clear for usage, with a continuous accessible route of 44 inches in width. 2. The Event producer must ensure that any nearby accessible on-or off-street parking ("handicapped parking") is not obstructed by vehicles loading/unloading equipment, etc. If such obstructions occur, the Event producer must see that such obstructions are removed immediately. Accessible parking spaces shall be connected to the site's continuous accessible route, with no obstructions between the accessible parking spaces and the curb ramps that serve those spaces. 3. Any and all accessible routes created and/or installed by the Event producer, or under the Event producer's supervision, must have no abrupt change in level in excess of X inch. Where such changes in level are present, properly bevel the change in level at a 1 :2 ratio or provide a ramp a slope not to exceed a 1: 12 ratio. This is necessary to allow passage of wheelchairs or strollers and prevent tripping or the catching of walkers and canes. Any ramps provided must be in compliance with all Florida Accessibility Code requirements, including, but not limited to, requirements regarding edge protection, handrails, and surface. 4. Provide a smooth transition between temporary pathways and any ramps, sidewalks, streets, or parking lots. This means no change in level exceeding X inch. Any change exceeding inch requires beveling at a 1 :2 ratio or the installation of a ramp with a slope not to exceed a 1:12 ratio. Any ramps provided must be in compliance with all Florida Accessibility Code requirements, including, but not limited to, requirements regarding edge protection, handrails, and surface. 5. All cashier counters (counters where money transactions occur) must be no higher than 36 inches maximum above finish floor, for a minimum length of 36 inches. 6. Maintain an accessible route for access to merchandise that is both within a vendor space, as well as merchandise not contained within a vendor space. If the overflow of merchandise for patron viewing is placed behind a booth, then provide adjacent access to the merchandise via a curb ramp, as well as the placement of a pathway with a stable and firm surface necessary for the use of wheelchairs and mobility aids. 7. Merchandise for display should be within a line of sight no higher than 48 inches for persons of short stature or wheelchair users. If merchandise is displayed higher than 48 inches, merchant must provide assistance to disabled customers in order to reach items. 8. All vendor spaces shall be located on an accessible route that is a minimum of 44 inches wide. 9. If tables and seating are provided for the consumption of food, all aisles adjacent to accessible fixed seating shall provide 30 inch by 48 inch clear floor space for wheelchairs, Where there are open positions along both sides of such aisles, the aisles shall be not less than 52 inches wide. 10. For wheelchair seating spaces provided at tables or counters, knee spaces at least inches high, 30 inches wide, and 19 inches deep shall be provided. The tops of accessible tables and counters shall be from 28 inches to 34 inches above the finish floor or ground. 11. Where food or drink is served at counters exceeding 34 inches in height for consumption by customers seated on stools or standing at the counter, a portion of the main counter which is 60 Special Events Requirements and Guidelines 24 472 inches in length minimum shall be provided in compliance with the requirements of Items #9 and #1 0 above, or service shall be available at accessible tables within the same area. 12. Where portable toilets are provided, an accessible route shall be provided to the toilets. Five percent (5%} of the total number of toilets must be accessible. If clusters of portable toilets are distributed throughout the site, then each cluster must have accessible units. 13. If general assembly seating or standing space is provided for audience members attending a public performance at a special event, reserved wheelchair seating must be provided. Such seating must be provided in a location that allows wheelchair users an unobstructed line of sight to the stage. If seating capacity accommodates greater than 300 persons, then accessible seating shall be dispersed throughout the venue. 14. All flyers and written promotional materials for the event should be made accessible to people with disabilities, including those with hearing and visual impairments. It is recommended that the following statement be included on promotional materials: "Call [your number followed by word "voice"] or the Florida Relay Service (TTY) at 1to request material in accessible format; sign language interpreter (5 days in advance), or information on access for persons with disabilities". Sign language interpretive services must be provided, requested by the City five (5) days in advance of the event. 15. For performers who are disabled, all stages, show mobiles and dressing areas must be accessible. 16. All ADA considerations must be identified and detailed on the site plan. The site plan will be submitted to the Building Department Accessibility Plan Reviewer for approvaL B. Code Compliance I. Field Inspector-The City may require the applicant to hire a Field Inspector and/or a Code Compliance Officer to serve as an overall on~site coordinator, whose responsibility will be to ensure that all services are provided, the event runs smoothly, and that all Federal, State and local rules, regulations and ordinances are complied with. Special event producers agree and understand that a Field Inspector and/or a Code Compliance Officer, which will report to and be under the direction of the City, may be required in order to ensure compliance, as approved by the special event permit, and the conditions imposed with the issuance of such permit. Enforcement includes all activities leading up to, including, and following the conclusion of permitted endeavors._Event producer further agrees and understands that any and all costs associated with such Field Inspector and/or Code Compliance Officer shall be borne by the producer and reimbursed to the City prior to refund of security deposit pursuant to Section A (VII) herein. ~?GL~Fs reso;GHEHO+Htvrc;ri•~~08~~~BreattattwNatt&re3A··F«>re+ns~sreoror·····re·ooe Field Inspector and/or Code Compliance Officer required for aH events with expected attendance of 1,000 persons or greater. Field Inspector/Code Compliance Officer requirement for all other events will be determined on a case by case basis. II. Signs (Flyers) & Hand Bills ~ The City regulates the distribution of flyers, handbills or stickers. Specifically, distribution of handbills upon premises of another when requested not to do so is prohibited as per City Code Section 46-117, and placing or distributing any handbills on vehicles is prohibited as per City Code Section 46-118. Violations will be issued by Code Compliance for violations on public property and for handbills placed on automobile windshields carrying a fine of $50 for each sign (flyer) or handbill and a $23 removal charge per sign. m. Noise Ordinance * The City prohibits unreasonable and disruptive noise that is clearly incompatible with the normal activities of certain locations at certain times. Both the Miami-Dade County Noise Ordinance, Section 21-28 of the Code of Miami~Dade County, and City of Miami Special Events Requirements and Guidelines 25 473 Beach Noise Ordinance, Article IV, Sections 46-151 to 46-162, are applicable and enforceable to both public and private property within the City. These Ordinances make it unlawful for any person to make, continue or cause to be made any loud, excessive or unusual noise. If the excessive noise occurs between the hours of 11 :OOPM and 7:00AM in such manner to be plainly audible at a distance of 100 ft: from the building, structure or vehicle in which it is located, this shall be prima facie evidence of a violation of the Ordinances. If a noise violation occurs, the enforcing Code Compliance Officer will require that the noise be lowered to an acceptable leveL +ca~e+is~~~~~&&?Fs~~~etJ~w~tJW&e~&tJiW~~~~ to comply with a request from the Department of Code Compliance ~:·tf:i€ifxL,el+c:e·ltf:GJ:JartH:J++nt cc,ncerrllno violation of the Ordinances may result in the immediate revocation of a Special Event Permit and/or C. Fire Department I. Off Duty Fire & Paramedic Services -Depending upon the type of event and estimated attendance, off-duty or private fire rescue personnel may be required at the expense of the applicant. As a general rule, a minimum of one paramedic for up to 1 ,000 people and two paramedics for up to 5,000 people, and a rescue unit for up to 10,000 people, which consists of 2 paramedics and a team leader, are required. Enclosed events and tents over 400 square feet may require off duty Fire Inspectors depending on the type of event and estimated attendance. The City of Miami Beach assumes no liability arising or resulting from the determinations of minimum staffing levels or the requirements for any events. The final decision for the minimum number of Fire Rescue/Prevention personnel required will be determined by the City's Fire Chief or his/her designee. II. Enclosed Events Site Plan And Occupant Load -Site plans for enclosed events reqUinng fencing or tenting must be submitted for review and approval to the City's Fire Department Building Department permits cannot be issued until the Fire Department approves the event site plan. Non-substantial on-site adjustments to site plans may be made in consultation with and approval of the City's Fire Marshal, or his/her designee. The Fire Department requires a 20 foot emergency vehicle access lane between easternmost portion of the sand dune and any fencing or tents for all beachside events. Enclosed events are required to adhere to an occupancy number, as well as comply with the requirements determined by the City's Fire Department. once site plan is approved. A walk-through to verify that the actual setup meets with the approved plan will be conducted prior to the event opening. Event promoters are responsible for adhering to the determined occupancy number and any violation of the occupancy number can result in penalties and /or fines. Ill. Fireworks Permit-All events, public or private, featuring a fireworks display or pyrotechnics must obtain a fireworks permit from the City's Fire Department. A written request for the permit must be submitted to the Fire Department at least 30 days prior to the event and approved no later than 11 days prior to the event Following approval of the permit, the Fire Prevention Bureau will make a site inspection. A minimum of two (2) fire fighters will be required to be on-site from the time the fireworks are delivered at the site, until termination of the display and the removal of all fireworks and debris from the site. Payment for required fire personnel will be the sole responsibility the applicant and must be made two (2) weeks prior to the event The firm or individual responsible for setting up and setting off the fireworks must obtain a Comprehensive General Liability or Fireworks Display Liability Insurance policy (see Insurance Special Events Requirements and Guidelines 26 474 Section for language and rating requirements). IV. Open Pit And Bonfire Permit -Separate permits are required for open pit and bonfires. Applications for a permit may be obtained from the Fire Department, and must be approved and paid to the City at least two (2) weeks prior to the event. These activities will require hiring off~duty fire '"'"",.."''"'" D. Miami Beach Convention Center On occasion, events, meetings and/or conventions taking place at the Miami Beach Convention Center (MBCC) may desire extending their production onto Convention Center Drive, between Dade Boulevard and 17 Street, and into the City's Preferred Parking Lot. In such event, the City considers this use an extension of the MBCC premises. As such, all City requirements including, but not limited to insurance, indemnity agreement, site plan, security plan, and sanitation plan will be incorporated into the respective event's agreement with the MBCC and will be coordinated by the MBCC. The MBCC will complete a special event questionnaire (please refer to attached Appendix C) and provide the Department of Tourism and Cultural Development a copy of required documentation pertaining to the event for the department file. If street closures are requested, the Department of Tourism and Cultural Development will assist in coordinating this request, as well as all other items as may be required. E. Ocean Rescue Depending upon the location and type of event, estimated attendance, and hours of operation, off-duty lifeguards may be required. The Captain of the City's Ocean Rescue will determine the minimum number of lifeguards. f. Parking Department Overall Parking Plan -A comprehensive Parking Plan which identifies where parking is to be provided for event staff, equipment vehicles, and event participants, as well as the location and amount of accessible parking spaces must be developed, in writing, and approved by the City's Parking Director or his designee. Public parking resources may be supplemented with privately owned parking areas to accomplish this plan. All fees incurred through use of Parking Department resources, which may including meter rentals, off~duty enforcement officers or rental lots, must be pre-paid in full no later than two (2) weeks prior to the event. • Valet ramping spaces are to be used exclusively for ramping and valet related operations. All other activities are explicitly prohibited. • Parking meters shall not be used for advertising or marketing related activities, unless associated with a special event as defined herein. G. Parks and Recreation Department I. Facilities and Personnel ~ Many City of Miami Beach recreation facilities, amphitheaters, and parks are available for rent during non programmed hours for special events, and have specific fees, based upon hours of usage, including setup and breakdown times. Request for usage must be at least one prior to the event. Rental payments for such facilities must be made two weeks prior to the event Proof of payment must be submitted to the Special Events Office. Applicable user criteria will be available for park venues through the Parks & Recreation Department Depending upon the venue, nature and scope of the event, the hiring of City of Miami Beach Parks and Recreation personnel may be required. A City facility (e.g., a building) used for a special event Special Events Requirements and Guidelines 27 475 must be staffed by a City employee. Depending on usage, additional facility staff, janitorial service and electrical staff charges may be applicable. Payment for the staffing is the sole responsibility of the applicant, and must be received no later than two (2) weeks in advance of the event IL Park User Fees Park User Fees -A special event impact fee will be imposed for all events taking place at a City Park including, but not limited to, Lummus Park, South Pointe Park, Collins Park, Flamingo Park, ===== and North Shore Open Space Park. Lummus Park includes the area east of Ocean Drive, the park itself, and the beachfront east of the park from 5-15 Streets. This supplementary user fee will be calculated at the rate of twenty-five (25%) percent of the total cost of City services for the event. These funds will be used exclusively for enhancements to those parks utilized by said events. lincoln Road User Fee For events taking place on Lincoln Road~~mUncoln =~~~~'·'·'·'····=:""m'=·····'··'···''··'m'·'m,_:;;:,.::c,~==:=='-='-==· a special event impact fee will be imposed. This supplementary user fee will be calculated at the rate of twenty-five (25%) percent of the total cost of City services for the event. These funds will be used to enhance lincoln Road. H. Police Department I. Security Plan and Services -Depending upon the type of special event and estimated attendance, security personnel, such as off-duty police personnel and private security personnel, may be required. The Security Plan shall be prepared by the event producer in consultation with the Office of Special Events and the City of Miami Beach Police Department's Off-duty Office. The plan shall specify the number of off-duty officers or private security guards, if applicable, hired by or expected to be hired by the applicant At the option of the applicant, the entire security personnel may be comprised of off-duty police personnel. Cost of off-duty police personnel is dependent on the number and rank required. As a general rule, if four or more officers are required, one must be a supervisor (sergeant or above). Larger contingents of officers may require additional police supervisors. Payment for off-duty police services, based on the estimate, is required to be paid in full no less than two (2) weeks in advance of the event. Payment adjustments for off-duty police services, based on a final invoice, is required to be paid in full no more than two (2) weeks after the event. The Chief of Police or his designee make the final determination of minimum levels of police security. Any private security personnel contracted for by the applicant must licensed by the State of Florida. to be hired, a list of names and license information must be provided to the City's Police Department no less than two (2) weeks in advance of the event. The City's Police Department may require additional security or off-duty police personnel for crowd control, traffic control and general security during the event. The minimum number of police personnel is dictated by the Off-duty Police Coordinator and is dependent upon the type of event, date of event, time of event, location of event, the site plan for the event, the type of entertainment during the event, whether alcohol is consumed at the event, and the estimated attendance at the Special Events Requirements and Guidelines 28 476 event • Overnight & Backstage Security--Applicants may contract, at their own expense, for off-duty police services or with private security guards for overnight and backstage security concerns. On- stage security be handled by private security at the applicant's expense. • Marine Patrol-All water-based special events, or those activities likely to attract crowds to or near the water, must provide prior written notice to the Miami Beach Police Marine Patrol and Beach Patrol. Certain events may require grior written authorization from the United States Coast Guard and may also require off-duty services and equipment from the City's Marine Patrol, Florida Marine Patrol, or United States Coast Guard, at the expense of the applicant. In such cases, written authorization is required no later than thirty (30) days prior to the event • Police Escorls for Enterlainment-If so requested, the City may supply police motorcycles or car escorts for entertainers. This service must be arranged in advance of the event and must be listed in the proposal for the event The cost for this service is determined by the City's Police Department and will be at the applicant's expense. II. Street Closures ~ Certain streets within the City of Miami Beach may be temporarily closed to limit or exclude vehicular and/or pedestrian traffic prior to, during, and after any special event Depending upon the location, additional approval may be required from Miami-Dade County or the State Florida. The City Manger, in his/ her discretion, may also require applicants to provide "sign-offs" showing approval from a majority of landlords and/or residents (or their group representatives) whose direct vehicular access to buildings will be affected by the proposed closure. Regardless of the jurisdiction, the Chief of Police and the City's Public Works Director must first approve street closures with final approval retained by the City Manager. Requests for street closures must be made at least forty-five (45) days prior to the event In closing a State street (i.e., 5 Street, Collins Avenue, 41 Street, Alton Road, 71 Street, and Harding Avenue) prior approval is required by the Chief of Police, City's Public Works Director, and City Manager. The application must be processed at least 30 days prior to the event. The applicant must then forward the completed application to the Florida Department of Transportation (FOOT) to receive permit. FOOT must receive application at least 30 days prior to the event. In order to close a County street (i.e., Venetian Causeway/17th Street) the application will be forwarded to the Miami-Dade County Public Works Department by the City's Police and must be received at least 30 days prior to the event in order to send to the County for processin9.. Ill. Barricades & Electronic Signs -Barricades and electronic directional signs may be required, depending upon the location and/or site plan of the event, to cordon off the surrounding areas or to close streets to vehicular traffic. The City's Police Department, along with the Parking Department, will determine the number and location of barricades. The rental cost of barricades and electronic directional signs will be incurred directly by the event producer. Payment is the sole responsibility of the applicant, as is actual set-up and removal of barricades on the event date(s). IV. Parade Requirements -The City Code defines "Parade" as any march or procession consisting of persons, animals, vehicles or any combination thereof, traveling upon any public way, within the territorial jurisdiction of the City. All parades must abide by Section 1 06~346 of the City Code. Pursuant to this Code Section, a separate permit to hold a parade must be obtained from the Chief of Police. The permit application must be filed not less than 15 days nor more than 90 days prior to the day on which it is proposed to be held, and simultaneously copied to the Special Events Office. The Chief of Police may revoke a parade permit at any time he determines the parade is to be conducted or is being conducted in violation of the terms of issuance. Any applicant aggrieved by Special Events Requirements and Guidelines 29 477 the Chiefs decision may appeal it to the City Manager. V. Demonstrations, Pickets and Free Speech Activities ~ The First Amendment of the United States Constitution affords demonstrators the constitutional right to assemble and speak in a peaceful and orderly manner. Therefore, the City shall not require or issue permits for such activity. Demonstrations and pickets consist of activities which are generally performed in public in support of or against a person or cause and which may have the potential for impeding movement along a public right-of-way or other disruption. Organizers of such events are asked to submit a questionnaire, site plan, and to notify the City of Miami Beach Police Department Patrol Division Commander of their intentions, and to provide details of the planned activity in order to the health safety and welfare for all concerned. If requested by the Special Events Office, a copy of an approved Police plan should be provided. There may be instances where the nature of the demonstration and/or the number of participants (including counter-demonstrators) will require restrictions in order to protect the health, safety and welfare of every citizen by means of providing crowd control, traffic control and general security to the public. Such restrictions wm be communicated to the individual or group prior to the activity. The Special Event Permit Requirements do not apply to such activities. Demonstrations, Pickets and Rallies must abide by Section 1 06-346 of the City Code. I. Property Management Based on the electrical, engineering and/or plumbing impact of a special event on City property, the applicant may be required to hire City electricians, engineers or plumbers. J. Public Works Department Environmental Resource Management These items listed below are to intended help preserve the health and welfare of the City of Miami Beach's coastal areas. Vehicles • Vehicles allowed to access and remain parked on the beach during an event MUST display a temporary parking placard • All vehicle access to the beach is restricted. Access points MUST be identified by City staff for each event. ,. All vehicles shall require a police or beach patrol escort when crossing on to the hard pack (beach) and at all times east of the Erosion Control Line. • All vehicles should utilize lights and flashers when traveling on the beach Parking • Any vehicle parked on the beach shall be prevented from distributing fluids on the ground (sand) by the placement of an absorbent pad under the engine compartment -these pads shall be properly disposed off once the vehicle vacates the beach • All vehicles parked on the beach shall have cones placed at the front and rear of the vehicle Fuel • The storage of any petroleum product or chemical shall be prohibited unless prior approval has been issued by the City -storage of such material shall be in accordance with life safety and environmental regulations -storage shall be in appropriate spill proof containers for type of chemical, shall be stored a significant distance away from any population, storage area shall contain signage identifying the storage site and indicating which type of chemicals are being stored -required dean up of any chemicals will be at the expense of the applicant • The fueling of vehicles on the beach (event site) shall be strictly prohibited unless given a special fueling permit where the applicant must act according to approved standards -fuel must be stored in Special Events Requirements and Guidelines 30 478 spill proof containers etc. Such a permit is only approved by the City's Environmental Division. Temporary Construction • A site inspection, by the City, shall be required prior to and after an event to ensure that the event site and surrounding area has been restored to a clean and acceptable condition • When possible, tents shall be secured with water barrels in place of ground stakes -where ground stakes are used, the holes shall be filled, compacted and area raked or graded to restore to natural conditions • Any structures requiring permits from the City's Building Department or Public Works Department shall be required to be reviewed by the City or County Division of Environmental Resource Management (DERM) for potential environmental impacts Live Animals • The incorporation of animals in any special event shall require adequate ground cover under cages - material shall be absorbent in nature and not permit the transfer of fluids to the ground. Dune System • Absolutely no activity is permitted within protected dune area -a minimum of a 20' setback west of the west end of the dune and 20' east of the east dune line shall be required. 111 Pedestrian traffic to special events shall only use demarcated pathways and dune crossovers for ingress and egress to event site. e Directional signage must be provided when public access at a dune crossover is blocked. Beach Impacts (other) "' Special Events occurring during hurricane season shall have an emergency evacuation plan that will go into effect within eight (8) hours of a hurricane warning and be completed within twenty-four (24) hours -all equipment, material, staff, staging, vehicles and associated appurtenances shall be removed from event site within the allotted time Right~ofMWay Permit--A Right-of-Way Permit must be obtained when there is anchoring to or excavation of any right-of-way or City property. The method of anchoring or location of any excavation may be denied or altered by the City based on potential hazards to existing utilities. The cost for such permit will be pursuant to City ordinances (concerning work on the right-of-ways) and may include a cash bond based on estimated potential damage to City property. Proof of financial ability to cover estimated damages must be submitted to the Special Events Office. For events occurring on City streets or sidewalks, an inspector from the Public Works Department will inspect the area in question prior to the event for any hazards, potholes or damaged fixtures. Any problems will be repaired or noted. A visual inspection will take place following the event to identify any damage to City property caused by the event. Any identified damages in the City right-of-way, on termination of the permit, will have to be repaired by the event producer within a time specified by Public Works. If the producer fails to complete these repairs in a timely manner or wishes the City to complete such restoration work, then costs incurred by the City, including reasonable overhead expenses, will be deducted from the Security Deposit and the event producer will be charged for any, such costs not covered by the deposit (as per Section A Step 1). K. Sanitation Department Applicants shall be solely responsible for cleaning the area during and after the event Should the applicant choose, the City will provide personnel for this function. The cost of the clean-up will be calculated by the City, and will include dumping fees and equipment rental. Should an alternate cleaning service be contracted, the applicant shall be responsible for obtaining all necessary dumpsters. All arrangements and removal of garbage, trash, and other debris are the sole responsibility of the applicant. A City permit authorizing placement of dumpsters must be obtained through the City's Sanitation Department and submitted to the Special Events Office no less than two (2) weeks prior to the event. Applicants are required to meet sanitation standards to assure an adequate number of litter containers are on-site, and must encourage guests to comply with the City of Miami Beach's anti-litter efforts. Glass Special Events Requirements and Guidelines 31 479 containers and plastic straws are prohibited. Recycling efforts are encouraged. Applicants shall ensure that the event site is returned to its original condition within twenty-four hours. Failure to clean up after the event will result in a fine (as per Section Ill herein) issued to the event producer, as well as additional charges for City services. Applicants seeking use of public restroom facilities outside of standard operating hours may also be required to hire attendants to facilitate public restroom maintenance and supplies during the event These services may be contracted through the Public Works Department Proof of payment must be submitted to the Special Events Office at least two (2) weeks prior to the event V. OTHER AGENCIES A. The Miami Beach Visitors and Convention Authority (VCA) and Cultural Arts Council (CAC) The City of Miami Beach does not directly fund special and cultural events. The VCA and CAC utilize City funds for the purpose of special and cultural event funding. Approval of an application for funding by either the VCA and/or the CAC shall not constitute either expressed or implied approval of a special event permit by the City of Miami Beach. Should the VCA or CAC fund an event, the appropriate logo shall be incorporated in all event print advertising or promotional materials, as per the funding terms and conditions of the VCA and I or the CAC. B. Miami~Dade County • Permit for Temporary Food Sales -The Miami-Dade County Department of Business and Professional Regulations, Division of Hotels & Restaurants, sets forth rules and regulations for safe operation of temporary food service establishments. To obtain the necessary permits, sponsors or applicants must notify the Department of Business and Professional Regulations no later than three (3) business days prior to the event. A license fee a 1-3 day event is $40.00 per vendor. • Beach Cleaning -Applicants desiring use of the public beach must arrange for the cleaning of the beach, prior to, as well as after, the event, as necessary. Beach cleaning may be arranged with the Miami-Dade County Parks Department or a private sanitation company approved by the Miami- Dade County Parks Department Proof that clean-up arrangements have been made must be submitted in writing to the Special Events Office at least two (2) weeks prior to the event. C. State of Florida • Department of Environmental Protection, Division of Beaches and Shores --If an event is to be held on the beach, a State Field Permit is also necessary for temporary non~portable structures on the beach, east of the Coastal Construction Control Line. This would include, but not be limited to, the following types of temporary structures: stages, fences, tents, lighting and sound systems. A detailed site plan and written narrative description of all installations must be submitted to the Special Events Office no later than 60 days prior to the event As conditions of the State Field Permit, the State also calls for the protection of marine turtles during the marine turtle nesting season, beginning May 1, and ending October 31, in Miami-Dade County, Conditions relevant to areas east of the Coastal Construction Control Line (CCCL) include: structures to be constructed and left overnight, including temporary fencing, shall have 3 feet of vertical clearance and shall be located as far landward as possible; no lighting associated with the event is authorized after 9:00 pm without approval from the State of Florida; and permit holders may be required to hire turtle monitors from sundown to sunrise. Other conditions, as prescribed by the State may apply. Events requiring exemptions from any of the above marine turtle nesting conditions will need to provide the City with written approval from the State of Florida Wildlife Commission. Special Events Requirements and Guidelines 32 480 Florida Statutes, Chapter 161, calls for the protection of beach dune systems and impose fines for damage caused to the natural dune systems along the Beach. It is the responsibility of the applicant to provide adequate security measures to ensure protection of the dune area from damage that may be caused by an event. • Division of State Lands--Depending on the type and nature of the event(s), the Division of State Lands has the right to negotiate a separate use agreement with the special event producer and will charge for the use of the land. This fee may include a contribution to the State Lands Trust Fund, as well as a use fee, and would require State of Florida Cabinet approval. If applicable, proof of the Division of State Lands approval shall be submitted to Department of Tourism and Cultural Development before a permit is issued. • Florida Marine Patrol-Any type of water activity held within the City of Miami Beach must give notice to the Florida Marine Patrol. Notice must be in the form of a letter, with a copy to the City provided no less than two (2) prior to the event. • Division of Alcoholic Beverages and Tobacco --If the event is being produced by a not-for- profit organization which desires to sell or serve alcohol, the organization must apply for a temporary liquor license from the State of Florida, Division of Alcoholic Beverages and Tobacco under Florida Statute 561.42. In order to obtain the license from the State, a letter of authorization must be obtained from the City. Prior to the issuance of this letter the following must be submitted: Certificates of all applicable insurance including, general liability and liquor liability. A completed Indemnity Agreement. A signed letter on letterhead from the non-profit organization agreeing to have the temporary liquor license in the organization's name. e Florida Department of Transportation Ughtpost Banners --Banners proposed to be placed on State Road lightposts require an additional permit from the Florida Department of Transportation, following Design Review approval from the City's Planning and Zoning Department and approval from the Miami Beach City Commission. Depending upon the scope and nature of the event, additional State permits may be required. D. Federal Government • Federal Aviation Administration-Any type of unusual air activity above the City of Miami Beach planned in conjunction with a special event, which has the potential to disrupt commercial air traffic, must be approved by the Federal Aviation Administration (FAA). Approval will be requested through the City's Department of Tourism and Cultural Development on the applicant's behalf. '* Coast Guard-Any individual or organization planning to hold a regatta or marine parade which, by nature, circumstances or location, will introduce extra or unusual hazards to the safety of lives on the navigable waters under the jurisdiction of the U.S. Coast Guard, shall submit an application to the Coast Guard District Commander having jurisdiction of the area where it is intended to hold such regatta or marine parade. Examples of conditions which are deemed to introduce extra or unusual hazards to the safety of life include, but are not limited to; an inherently hazardous competition; possible effect on the customary presence of commercial or pleasure craft in the area; any obstruction of navigable channel which may reasonably be expected to result; and the expected accumulation of spectator crafts. Where such events are to be held regularly or repeatedly in a single area by an individual or Spacial Events Requirements and Guidelines 33 481 ' organization the District Commander may, subject to conditions set from time to time by him/her, grant a permit for such series of events for a fixed period of time, not to exceed one (1) year. The application shall be submitted to the Coast Guard no less than 30 days prior to the event The application shall include the following details: 1) Name and address of sponsoring organization. 2) Name, address, and telephone of person or persons in charge of the event. 3) Nature and purpose of the event. 4) Information as to general public interest 5) Estimated number and types of watercraft participating in the event. 6) Estimated number and types of spectator watercraft. 7) Number of boats being furnished by sponsoring organizations to patrol event 8) A time schedule and description of events. 9) A section of a chart or scale drawing showing the boundaries of the event, various water courses or areas to be utilized by participants, officials, and spectator craft. VI. SPECIAL EVENTS FEE SCHEDULE overage attendees per day 0 to 1499 attendees 1500 tif'l\±~'Y1i? . .J[Qm;('J.VV attendees 111111.1111111111111111111 llllliiiiii!W 1111111111 1111111111111 Application Fee $250.00 $250.00 Permit Fee $250.00 $500.00 Security Deposit $2,500.00 $5,000.00 Security Deposit: $2,500/$5,000l$JQA)QQL$2(M)00± ·A refundable security deposit will be required no later than days in advance of the event. Based on the scope and location of the event, a pre-and post-event site inspection may be conducted by the applicant and appropriate City personnel to determine existing conditions and evaluate potential damages, If any. Security deposits will be refunded approximately in weeks after event if ore followed; public property is left in as gaod condition or better and without damage and all City invoices paid. Failure to comply with conditions imposed may result in forfeiture of the entire or rt of de osit. Special Events Requirements and Guidelines 34 482 Per Wedding/ Ceremony use : $150.00 per pass/per vehide/per event. Square footag~ f~~= $.25 per square foot+ 7% Soles Tax (N/A with a Concession Agreement). AND/OR Com:~uions Agrem~nt; o Beach Events: 1 of food, beverage, ticket sales and merchandise. o Non-Beach Events: l 0% food, beverage, ticket sales and merchandise. Tax~s: You ore required to pay a 7% State sales tax and a 2% Resort Tax (on food and beverage only). Please remit the 2% Resort Tax on a check. Lummus Us~r fe~: 25% of the total City Services not including administrative fees. lincoln Road Us~r fee: 25% the total City Services not including administrative fees. light Pol~ lann~rs Banners announcing special events either to be held in city or to be associated in some manner with the city, as determined the commission, may be erected up to 30 days prior to the event being announced and must be removed within seven (7} days after such event. Special event banners shall require prior approval by the city commission. Fees: • $50.00 per pole For-Profit/ $25.00 per pole Non-Profit $50.00 administrative fee-ication Building D~partm~nt P~rmit ~s: Please contact Building Deportment for fee schedule please call ..,;v •• rv' 1 7 61 0 or visit Y£:6~1Illidllli~Q£fll:W#QY. o Tent Permit; Fence Permit; Stage Permit; Electrical Permit; Bleachers Permit; Restroom !Port-a-lets) Pluming Permit; Pool cover Permit; Temporary Occupant Fire at 786-412-107 6. Parking M~t~r R~ntals: $10.00 per space or meter/per day+ plus administrative fees. Please contact the Parking Department at 305-673-7505 for more information. *** Application fees ore not refundable; permit fees and security deposits are reimbursed if the event/activity is cancelled, denied, or postponed and given that public property is left in good condition and without damage and City invoices paid. Failure to comply with restrictions imposed automatically forfeits security deposit. ***Additional charges may Special Events Requirements and Guidelines 35 483 Special Events Requirements and Guidelines 36 484 THIS PAGE INTENTIONALLY LEFT BLANK 485