2003-25431 Reso d (� F�0.5S F� U Z/1�! � C' .n. Page l of 2.
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Williams, Mercedia
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From: Wlliams, Mercedia
Sent Friday, December 12, 2003 10:53 AM
Tm Lamazares, Mercedes
Cr. Ha�eld, Liliam
Subj!ec�t: Resolution No. 2003-25431
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Mercy �� �<.� �c.SSc� L ✓� S� cwc� r�,=c�c��n� .
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Please review the amendmen s requested at the December 10,2003 Commission meeting.
Please draH the resoWtion with amendments and forward it ro Legal Department for form approval and have them
forward it to me for processing.
R7A Approval Of The Miami Beach Co�ventioo Centee For Events Involving Adult Materials.
A Resolution Approving The Miami Beach Convention Center As A Location For Conventions,
Expositions Or Events Involving Adult Matecials, Pucsuant To The Provisio�s Of Seetio�
847.0134, Florida Statutes. 3:00 p.m. Public Hea_ring.
(Pla�ni�g Depar[ment)
ACTION: Public Hearing held. Resolution No. 2003 25431 adopted as amended. The
Planning Boazd resolution was used as the base resolutioa Motion made by Commissioner
Steinberg; seconded by Vice-Mayor Smith. Voice vote: 7-0. Second public heazi�g scheduled
for January 14, 2004. R. Parcher to notice. Lilia Cardillo to place on age�da. Jorge Gomez to
handle.
Jorge Gonzalez, Planning Department Director,presen[ed the item.
Mathew Bank, prod�cer of the event, spoke.
Minnette Benson spoke.
Lily Pardo spoke.
David Kelsey spoke.
Heather Frank and Jessica Moore spoke.
Aynee Peralta spoke.
David Phelps from the Gay and lesbian Founda[ion of South Florida spoke.
Rebecca Dawri Birch spoke.
Commissioner Bower stated she wa�ted ro clarify that approvi�g this resolution will open [he
doors to any Type adult material in the future. She is not focus on gays and lesbians but the type
of eveuts which will be held at the Miami Beach Convec[ion Center.
Jorge Gomez, Planning Direc[or, reviewed the Planning Board's resolution and their
�ecommeodations.
Commissioner Steinberg stated that any shows should be shift south away from Beach High to
Hall "C"and explicit materials should not be able to be viewed from the SReet.
(((((((Insert Details )))))))))))))))))))
12/12/2003
' - ' - Page 2 of 2. .
Amendments:
1. Guide liues
2. Conveutiou south to Hall "C' away trom Miami Beach High School
3. No material shall be visible from any public right of way
4. Only legal activities and materials (No nudily or lewd behavior)
5. City Commission review and approval.
6. Enter trom Comention Center Drive.
7. Considcration should be given to promoter's reputatiou and financial resources
Gary Held, Assistant City Attorney, spoke.
Commissioner Smith asked if having different guidelines for differe�t shows is a problem.
Mursay D�bbin, City Attomey, stated that the City already has guidelines for the financial
capability and reputation of a promoter a�d the guidelines should be applicable to all events.
Doug Tober, from SMG stated that there are guidelines already in place.
Handout or reference materials:
1. Notice of Ad in Miami Herald
Thanks.
12/12/2003
CITY OF MIAMI BEACH � �
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of The Mayor and City Commission otthe City o(Miami Beach, Fbrida,approving the location
of the Miami Beach Convention Center for conventions, expositions or even[s involving adWt materials.
Issue:
Should the Ci[y Commission approve the Miami Beach Convention Center as a location to hold events
imolving adW[materials?
Item Summa /Recommendation:
The provisions of s. 847.0134, Florida Statutes prohibits adWt entertainment establishments that display,
sell,or distribute materials harm(ul to minors within 2,500 feet of the real property that comprises a public or
private elementary school,middle school,or secondary school, however, municipalities may approve the
location under proceedings as provided in s. 166.041(3)(c).
The Administration recommends that the City Commission approve the resolution on frst reading public
hearing and set a second reading public hearing for a time certain aker 5:00 p.m. on [he f rst meeting of
Janua 2004.
Adviso Board Recommendation:
The Planning Board heard this matter at a public hearing on October 28, 2003. The Board voted 5-0 (2
members absent to recommend to the Ci commission a roval of ihis re ues[.
Fi nancial Information:
Source of Amount Account Approved
Funds: �
� Z
3
4
Finance Dept. Total
Cit Clerk's Office Le islative Treckin :
Mercy Lamazares/Jorge G. Gomez, Planning Department
Si n-Offs:
Department Director Assistant CiTy Manager City Manager
w—
T:WGENDA�20031Gec1003treguladi63�-Com C��approval is�rtlg 1240-03sum.tloc
AGENDAITEM I 1
DATE Z'IO-03
CITY OF MIAMI BEACH �
CITV HALL 1]00 CONVENTION CENTER ORIVE MIAMI BEACH,FLORIDA 33139
w.nv.miamibeach4gov
COMMISSION MEMORANDUM
To: Mayor David Dermer and Date: December 10, 2003
Members of the City Commission
Fram: Jorge M. Gonzalez
CityManager ��w'"7l
! �
Subject: Approval af the location of the Miami Beach Convention Center for Conven[ions,
Expositions or Events Invalving Adult Materials.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE LOCATION OF THE
MIAMI BEACH CONVENTION CENTER FOR CONVENTIONS,
EXPOSITIONS OR EVENTS INVOLVING ADULT MATERIALS,
PURSUANT TO THE PROVISIONS OF F.S. 847.0134.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the resolution on first
reading set a second reading public hearing for a time certain after 5:00 p.m. on the first
meeting of January 2004.
� � BACKGROUND
�,% (((���� � The Convention Center is a venue
� � that is located within 2,500 feet of
/ ,- ' A Miami Beach Senior High School
,.r' � and pursuant to the provisions of s.
� 847.0134, Florida Statutes, which
prohibits adult entertainment
` establishments that display, sell, or
� distribute materials harmful to
CCC minors within 2,500 feet of the real
j� Property that comprises a public or
� � private elementary school, middle
� school, or secondary school,
E a � requires that the municipality
approve the location under
� Proceedings as provided in s.
�) 166.041(3)(c).
� i..,,. ... _,
LINCOLNQQAD �� ,_,.r^ LIN�L�N1�
Commission Memorandum �
Approval of ihe Miami Beach Convention Center for
Conventions, Exposi[ions or Even[s Involving AdWt Materials.
December 10, 2003 Page 2
The process specified in s. 166.041(3)(c) is the same procedure as for a zoning map
change. This process requires two public hearings before the City of Miami Beach City
Commission and a recommendation from the Planning Board, also under the public
hearing process.
STAFF ANALYSIS
Consolidated Management Associates Corporation, the applicant of this request,
approached the Convention Center management requesting information with regard to
locating the Gay Erotic Expo at the Convention Center. The City Attorney's office was
contacted and a meeting was set up with Planning staff to determine what the process
would be with regard to the City Code and its Land Development Regulations. At that
time a determination was made that due to the nature of the Expo, it would fall under the
adopted Florida Statute that prohibits the location of an adult entertainment establishment
within 2,500 feet of a school, unless approved by the municipality in accordance with the
process prescribed in the statute.
The Gay Erotic Expo is a consumer expo targeted to the gay and lesbian community. The
Expo is proposed to be held in Hall C of the Miami Beach Convention Center at 1901
Convention Center Drive on June 5 and 6, 2004 and yearly thereafter. The hours of the
event will be approximately from noon to 7 p.m. both days. Vendors and exhibitors will be
demonstrating and selling their products, including adult entertainment films, magazines,
personal care products, leather and otherclothing, and adult novelty items. Free spacewill
be provided to local non-profit gay and lesbian community groups and AIDS groups so that
they can promote themselves to the gay and lesbian community. The event will have a
ticket price of approximately $15, and no one under 21 will be admitted. The Gay Erotic
Expo has been held previously at the Los Angeles Convention Center, and at Webster Hall
in New York.
In 2001 the Florida Legislature approved an amendment to Chapter 847, "Obscenity,"
which under s. 847.0134 reads:
(1) Except forthose establishments that are legally operating or have been
granted a permit from a local government to operate as adult entertainment
establishments on or before July 1, 2001, an adult entertainment
establishment that sells, rents, loans, distributes, transmits, shows, or
exhibits any obscene material, as described in s. 847.0133, an adult
entertainment establishment that sells, rents, loans, distributes, transmits,
shows, or exhibits in whole or in part, depicts nudity, sexual conduct, sexual
excitement, sexual battery, sexual bestiality, or sadomasochistic abuse and
that is harmful to minors, as described in s. 847.001, may not be located
within 2,500 feet of the real property that comprises a public or private
elementary school, middle school, orsecondary school unless the county or
municipality approves the location under proceedings as provided in s.
Commission Memorandum �
Approval of the Miami Beach Convention Center for
Conventions, Expositions or Events Involving Adult Materials.
December 70, 2003 Page 3
125.66(4) for counties or s. 166.041(3)(c) for municipalities.
(2) A violation of this section constitutes a felony of the third degree,
punishable as provided in s. 775.082 or s. 775.083.
Section 166.041(3)(c) F.S. refers to the process by which a municipality must
conduct a review for a zoning map change.
The approval of the Convention Center location would allow the Convention Center to
entertain similar requests in the future as the approval under consideration is for the
location and not the exposition. As paR of the process, staff requested that legal notice be
mailed to neighborhoods surrounding the Convention Center, including property owners
facing Meridian Avenue,Washington Avenue, Lincoln Road and Dade Boulevard, including
the Miami Dade County School Board, some of which are fartherthan the required radius
of 375 feet.
This application is the first one for review since the Florida Legislature amended Chapter
847 F.S., thus,this is a process with no priorguidelines or criteria established. As a venue
that may hold these kinds of productions in the future, staff is not overly concerned with the
location. As a minor concern, it should be noted that although the Convention Center is
separated by Washington Avenue from a residential district to the east; by the Collins
Canal and Dade Boulevard from a residential district and Miami Beach High School to the
north, and the residential area west of Meridian Avenue, it is a very large venue which as
part of the approval, can be requested to contain inside any adult production. It is also
suggested that any adult production have an age restriction of21-and-overonly admission.
PLANNING BOARD ACTION
The Planning Board heard this matter at a public hearing on October 28, 2003 and voted
5-0 (lwo members absent)to recommend that the City Commission approve the location of
the Convention Center to permit this type event, but with a limitation of no more than 2 of
these events per year and that each application for this type of event come before the
Planning Board for review to discuss the actual programming under the procedure set by
State Statutes. In addition,the Board also recommended thatthe CityCommission setthe
hours of operation forthis type of event at the Convention Center to no earlierthan 9 a.m.
and no later than 2 a.m.
LAND USE AND DEVELOPMENT COMMITTEE
This matter was referred to the Land Use and Development Committee and will be
discussed at its December 8, 2003 meeting.
CONCLUSION
The procedure set forth in 166.041(3)(c)F.S. refers to the process bywhich a municipality
Commission Memorandum
Approval of�he Miami Beach Convention Center for
Conventions, Expositions or Events Involving Adult Materials.
December 10, 2003 Page 4
mayapprovethelocationundercertainproceedings. ThisprocedurerequiresthattheCity
Commission hold hvo advertised public hearings with at least one hearing being held after
5:00 p.m. The first public hearing shall be held at least seven days after the day that the
first advertisement is published. The second public hearing shall be held at least ten days
after the first hearing and shall be advertised at least five days prior to the public hearing.
Immediately following the public hearing at the second reading, this resolution may be
adopted by an affirmative vote of five-sevenths of all members of the City Commission.
JMG/CMC/JGG/ML
T:NGENDA@003\tlec1003\regular\163]-Canv Ctr approval is�rtlg 1240-03.tloc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
MIAMI BEACH CONVENTION CENTER AS A LOCATION FOR
CONVENTIONS, EXPOSITIONS OR EVENTS INVOLVING
ADULT MATERIALS, PURSUANT TO THE PROVISIONS OF
SECTION 847.0134, FLORIDA STATUTES.
WHEREAS, Consolidated Management Associates Corporation, has
requested the Cornention Center management to approve holding the Gay Erotic
Expo at the Convention Center; and
WHEREAS, such event will involve vendors and exhibitors demonstrating
and selling their products, including adult entertainment films, magazines, personal
care products, leather and other clothing, and adult novelty items; and
WHEREAS, a determination was made that due to the nature of the Gay
Erotic Expo, it would fall under the adopted Florida Statute that prohibits the
location of an adult entertainment establishment within 2,500 feet of a school,
unless approved by the municipality in accordance with the process prescribed in
the statute; and
WHEREAS, the approval of this location would allow the Convention Center
to entertain similar requests in the future, as the approval under consideration is for
the location and not the exposition; and
WHEREAS, the Planning Board has reviewed this request on October 28,
2003, and recommended approval subject to conditions; and
WHEREAS, Section 847.0134, Florida Statutes, states that an adult
entertainment establishment that sells, rents, loans, distributes, transmits, shows,
or exhibits adult materials, may not be located within 2,500 feet of the real
property that comprises a public or private elementary school, middle school, or
secondary school unless the county or municipality approves the location under
proceedings as provided in section 166.041(3)(c), Florida Statutes, which
requires the local governing body to hold hvo advertised public hearings on the
proposed ordinance and at least one hearing shall be held afler 5 p.m.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT the
location of the Miami Beach Convention Center is hereby approved as a venue
for conventions, expositions or events involving adult materials.
1 of 2
PASSED AND ADOPTED THIS day of
2003. '
ATTEST:
CITY CLERK MAYOR
APPROVED AS TO
FORM AND LANGUAGE
I� & FOR EXECUTION
UA�GI.�` � � - ZG—G�
City Attomey Date
First public hearing:
Second public hearing
F:\PLAN\$PLB\drafl ortlinanres\163)-Conv pr appr reso.tloc
2of2
Planninq Board version
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE LOCATION OF
THE MIAMI BEACH CONVENTION CENTER FOR CONVENTIONS,
EXPOSITIONS OR EVENTS INVOLVING ADULT MATERIALS,
PURSUANT TO THE PROVISIONS OF F.S. 847.0134.
WHEREAS, Consolidated Management Associates Corporation, has requested the
Convention Center management approval to locate the Gay Erotic Expo at the Convention Center;
and
WHEREAS, vendors and exhibitors will be demonstrating and selling their products,
including adult entertainment flms, magazines, personal care products, leather and other clothing,
and adult novelty items; and
WHEREAS, a determination was made that due to the nature of the Gay Erotic Expo, it
would fall under the adopted Florida Statute that prohibits the location of an adult entertainment
establishment within 2,500 feet of a school, unless approved by the municipality in accordance with
the process prescribed in the statule; and
WHEREAS, the approval of this location would allow the Comention Center to entertain
similar requests in the future as the approval under consideration is for the location and not the
exposition; and
WHEREAS, the Planning Board has reviewed this request on October 28, 2003 and
rewmmended approval subject to conditions; and
WHEREAS, Sec. 847.0134 F.S. states that an adult entertainment establishment that
sells, rents, loans, distributes, trensmits, shows, or exhibi[s adult materials, may not be located
within 2,500 feet of the real property that comprises a public or private elementary school,
middle school, or secondary school unless the county or municipality approves the location
under proceedings as provided in s. 166.041(3)(c), which requires the local governing body to
hold two advertised public hearings on the proposed ordinance and at least one hearing shall be
held after 5 p.m.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT:
1. The location of the Miami Beach Convention Center is hereby approved as a venue for
conventions, expositions or events involving adult materials;
2. No more lhan two (2) conventions, expositions or events imolving adult materials per
year shall be permitted;
3. Each application for conventions, expositions or events involving adult materials shall
come before the Planning Board for review to discuss the actual programming under the
procedure set by State Statutes;
1 of 2
Planninq Board version
4. The hours of operation for this type of event at the Convention Center shall be no eadier
than 9 a.m. and no later than 2 a.m.;
5. No one under 21 years of age shall be admitted to these types of events.
PASSED AND ADOPTED THIS day of , 2003.
ATTEST:
CITY CLERK MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
'G6' � � � ��� �(- cT��
City Attorney � Dat�
First Reading:
Second Reading:
FdPLAN\$PLB\tlrafl ordinances\163]-Conv Ch appr reso.tloc
2of2
ta '.
' o CITY OF MIAMI BEACH �
� ' NOTICE OF A PUBLIC HEARING �
�
m �'�� NOTICE IS HEREBV givan[hat a Gublic Heanng will be heltl Cy Ihe
£ '��. Mayor and Ciry Commission of[M1e Ciy of Miami Beach, Flontlq in '
the Commiaaion C�amben, 3rU tlooq City Mell, 1100 Convention
O ���' Center Dnve, Miami 9each, Flontla, on Wetlnestlay, Oecemba�10,
� � � 2003,at 3:00 p.m., to consitler approving the location of the Miaml
> Beach Convention Cen[er lor convenllons, expositians or events
o �,. involving atlN[ matenels, pursuant �o [he provisions of Flotltla
z ��. Statutes.
v�i �I Inquinea may be tlirac[etl to[ha Planninq Departmant�305)fi]3-]550.
o ��,.. INTERESTED PARTIES are invitetl[o appear a[this mee[Ing, or be
rapresen[etl by an agen�, or to express t�eir views in writing
p � addressetl to ihe Ciry Commission, c/o [he City Clerk, 1900
ConvenHon Can[er Drive, is[ Flooq City Hall, Miami Beach, Flonda
� ' 33139. This meetinq may be con[inuetl antl untler sucM1
FI. circumstances atldttional legal no[ice woultl no[be pmvitletl.
_ �. Robert E.Parchar,City CIeM
E I Ciy oi Miami Beach
Pursuent to Sec[ion 2g6.0105, Fla.Stet.,the Ciry hareby ativises tha
public ihat if a person tlecitles to appeal any tlacislon mede by the
— Ciry Commission wkh respect to any matter consitlered a[ its
meetiig or its M1eanng, suc� person must ensvra mat a verCetim
3 � record of the proceetlings is made, which recortl inclutles the
3 .. testimony and eviEence upon which Ihe appeal is to be basetl. T�is
; ���.. nofice does nW cons[iMe consent by Ne City for ihe ir�imduclion or� �
� atlmission of olherwise inatlmiseible or irrelevent evidarica,no�tloes
� .. i[aNhorize challenges or appeals not othervnae allowetl by law.
£ : In accurdane¢ qith ihe Americans wi[h Oisabilitiee Act a� 1990,
��,. pereons needing special accommodation to paRicipate in this
: proceeding, or ro repuest inlormation on eccess br persona wi[h I
�.. disapilities, or to reques[ihis pub�ica[ion in eccessible fortneq rn to
�� requeat si9n language interpreters, shoultl contact the Ciry Cledb I
o%ice a[ 1305) 613-]411, no later [han tour tlays pnor to the
�,. .praceatling. If hearing impaired, contac[ the Ci[y Clerk's oKce na
�� Me Flontla Pala Service numbers, (Bp0) 955-8]l1 (1TVJ or (800)
�, 955-8]]0(VOICE�
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