C7G-Create Commercial Use Permit Process And Fee For City Facilities Parks And BCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida authorizing the creation
of 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 orgood.
Issue:
I Shall the Mayor and City Commission adopt the resolution?
tern s /R d . ummaryl ecommen at1on:
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 as
follows:
Permit Miami Beach Based Applicants with current Applicants without
Duration Not-For-Profit Business Tax Receipt for current Business Tax
same or similar services 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.
Advisory Board Recommendation:
Financial Information·
Source of Amount
Funds: 1
I I
2
3
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Sign-Offs:
Department Director
JR
T:\AGENDA\2014\Ja
MIAMI BEACH
236
Account
JLM
d Property-SUMMARY.doc
AGENDA ITEM
DATE
C76-
/ .... /~/f
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, wv.w.miamibeachfl.gov
ISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: January 15, 2014
SUBJECT: A RESOLUTION OF THE MAYOR NO CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA AUTHORIZING HE CREATION OF A COMMERCIAL USE PERMIT
PROCESS AND FEE FOR THE PU POSE OF LEGITIMIZING AND MANAGEMENT OF
FITNESS, TRAINING, TENNIS AND OTHER OUTDOOR PROFESSIONAL SERVICES
AT CITY FACILITIES PARKS AND BEACHES.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
Within the last few years, the awareness and pursuit of healthier and more active lifestyles has
proven to become progressively popular. This popularity is widespread and evident on 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 municipalities 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 wher~ but also screen
applicants for proper training, certificates, insurarce 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.
C:\Documents and Settings\cmgrmaes\Local Settings\Temporary Internet
Files\Content.Outlook\BMMHWA58\Commercial Use Permit Fee • Parks and City Owned Property-MEMO.doc
237
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 {2) City approved facilities and pay a $45.00
application fee at the time of request to cover direct costs of pra;essing 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.
JLMIJMT/Jf
C:\Documents and Settings\cmgrmaes\Local Settings\Temporary Internet
Files\Content.Outlook\BMMHWA58\Commercial Use Permit Fee-Parks and City Owned Property-MEMO.doc
238
RESOLUTION TO BE SUBMITTED
239