C7M-Create Commercial Use Permit Process-Fee Outdoor Services At City FacilitiesCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida creating a commercial
use permit process and fee for the purpose of legitimizing and management of fitness, training, tennis and
other outdoor professional services at City facilities parks and beaches.
Key Intended Outcome Supported:
Increase community satisfaction with recreational programs
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey results indicate
85% of residents rated the City's recreation programs either excellent or good.
Issue:
I Shall the Mayor and City Commission adopt the resolution?
Item Summary/Recommendation:
Section 82-1 of the Miami Beach City Code addresses conducting business on streets, parks or other public
property: enforcement; penalties; unpaid fines to constitute liens. Currently private commercial instruction for
a fee is being conducted on City owned properties. City Administration recommends the establishment of a
process and fee to legitimize and manage fitness, training, tennis and other outdoor professional services on
city managed facilities, parks and beaches.
Recommended fees for the use of city owned property are divided in three categories with three tiers. The
fee per site for a Miami Beach based not for profit corporations is one month at $25, six months at $150 and
one year at $300, Businesses with a current Business Tax Receipt for same or similar services will be one
month at $50, six months at $300 and one year at $600 the fee for those without a current Business Tax
Receipt for the same or similar services will be one month at $100, six months at $600 and one year at
$1200.
Applicants would be limited to the use of two City approved facilities and pay a $45.00 application fee at the
time of request to cover direct costs of processing the application.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1
I I
2
3
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Si n-Offs:
Department Director Assistant City Manager City Manager
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Permit Fee-Summary 10-16-13.doc
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachA.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Mem rs of lht:mission
FROM: Jimmy L. Morales, City Manager
DATE: October 16, 2013
SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA CREATING A C MMERCIAL USE PERMIT PROCESS AND FEE
FOR THE PURPOSE OF LEGITIMIZING AND MANAGEMENT OF FITNESS, TRAINING,
TENNIS AND OTHER OUTDOOR PROFESSIONAL SERVICES AT CITY FACILITIES
PARKS AND BEACHES.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
N/A
BACKGROUND
Within the last few years, the awareness and pursuit of healthier and more active lifestyles has
proven to become progressively more popular. This popularity is widespread and evident on the
public spaces of Miami Beach. The number of private fitness instructors, yoga instructors, tennis
instructors, and similar fitness related activities has increased in numbers many of which utilize City
owned facilities, parks and beaches to conduct their classes and boot camps.
While the intent of an active lifestyle is supported there is a need to legitimize these private
instructors as their activities, especially if done incorrectly, could impact the safety of the participant,
persons nearby and expose the City to unnecessary liability. Many other municipallties throughout
the United States, and locally, have established a similar permit application process and fee, in
order to properly legitimize the specific instruction on City owned property. By managing such
activities, the City is not only able to better monitor what instruction is going on, and where but also
screen applicants for proper training, certificates, insurance and other pertinent information.
Staff briefed the Finance and Citywide Projects Committee at their August 21,2013 meeting as this
proposed process was discussed during a department revenue item for the FY 2013/2014 City
Budget. It was further explained that the City Code, as currently written does not allow for any
commercial use of, and or for profit business venture to be permitted on City property, without City
authorization. The proposed permit provides for the necessary process and authorization.
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The recommended fees for use of city owned spaces are as follows:
Permit Miami Beach Based Applicants with current Applicants without
Duration Not-For-Profit Business Tax Receipt for current Business
same or similar services Tax Receipt for
same or similar
services
One Month $25 $50 $100
Six Months $150 $300 $600
One Year $300 $600 $1200
Applicants would be limited to the use of two City approved facilities and pay a $45.00 application
fee at the time of request to cover direct costs of processing the application.
CONCLUSION
The Administration recommends the creation of a commercial use and permit process and fee for
the purpose of legitimizing and management of fitness, training, tennis and other outdoor
professional services at City managed facilities, parks and beaches.
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RESOLUTION TO BE SUBMITTED
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