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HomeMy WebLinkAbout2005-25990 Reso RESOLUTION NO. 2005-25990 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A FIRST PUBLIC HEARING TO CONSIDER EXTENDING THE APPROVAL OF THE MIAMI BEACH CONVENTION CENTER AS A VENUE FOR CONVENTIONS, EXPOSITIONS OR EVENTS INVOLVING ADULT MATERIALS, PURSUANT TO THE PROVISIONS OF SECTION 847.0134, FLORIDA STATUTES; AND REFERRING THE MATTER TO THE LAND USE AND DEVELOPMENT COMMITTEE. WHEREAS, Victory Tradeshow Management, Inc. has requested approval from SMG, as the City's manager at the Miami Beach Convention Center (MBCC), to hold liThe Exxxotica Expo" event at MBCC from May 26-28,2006; and WHEREAS, such event will involve vendors and exhibitors demonstrating and selling their products, including adult entertainment products; and WHEREAS, a determination was made that, due to the nature of certain products which will be demonstrated and/or exhibited at the event, liThe Exxxotica Expo" would fall under Section 847.0134, Florida Statutes, which prohibits the location of an adult entertainment establishment within 2,500 of a school, unless approved by the municipality in accordance with the process prescribed in the statute; and WHEREAS, Section 847.0134, Florida Statues, 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 Statues, which requires the local governing body to hold two advertised public hearings, at least one of which shall be held after 5 p.m. WHEREAS, the required statutory approval of the MBCC for events which may contain the exhibition and/or display of adult materials, as contemplated by Section 847.0134, Florida Statutes, was previously approved by Resolution No. 2004-25458, on January 14, 2004, subject to such approval sunsetting two years later, or January 14, 2006; and WHEREAS, in order to allow liThe Exxxotica Expo", and other events which may contain exhibition and/or display of adult materials, as defined by Section 847.0134, Florida Statutes, to be held at MBCC, the Mayor and City Commission must extend the time period (which has expired under Resolution No. 2004-25458) permitting such events, and allowing the MBCC to hold this event, and other similar events in the future; and WHEREAS, the Administration would recommend that the Mayor and City Commission hereby set the first required public hearing to consider same, and further recommend that the Mayor and City Commission refer this matter to the Land Use and Development Committee. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT the first Public Hearing is hereby set to be held to consider extending the approval of the Miami Beach Convention Center as a venue for conventions, expositions or events involving adult materials, pursuant to the provisions of Section 847.0134, Florida Statutes; said public hearing to be held in the City Commission Chambers, 1700 Convention Center Drive, Third Floor, Miami Beach, Florida, on October 14, 2005, and the City Clerk is hereby authorized to provide notice of same pursuant to Section 166.041 (3)(c), Florida Statutes; this request is further forwarded to the Land Use and Development Committee for its consideration. PASSED AND ADOPTED this 8th d yof ep David Dermer Attest: ~rP~ CITY CLERK Robert Parcher APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION "-[-OS Date CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY lQ Condensed Title: A Resolution setting a first public hearing to consider extending the approval of the Miami Beach Convention Center as a venue for conventions, expositions or events involving adult materials, and referring the matter to the Land Use and Develooment Committee, Issue: Should the City Commission extend the approval of the Miami Beach Convention Center as a location to hold events involving adult materials? Item Summary/Recommendation: The provision of s, 847.0134, Florida Statutes prohibits adult entertainment establishments that display, sell, or distribute materials harmful 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), On January 14, 2004, the City Commission approved by Resolution No. 2004-25458 an ordinance approving the location (Miami Beach Convention Center), contingent upon certain regulations, with such approval set to sunset on January 14, 2006. The Administration recommends that the City Commission set a first reading public hearing for a time certain on October 19, 2005, and concurrently refer the matter to the Land Use and Development Committee for consideration. Financial Information: Source of Amount Account Approved Funds: 1 n/a D 2 3 4 Finance Dept. Total City Clerk's Office Legislative Tracking: I Doug Tober Si City Manager AGENDA ITEM DATE G 7 k:.. 9-Y-of" CITY OF MIAMI BEACH ~ CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl,gov COMMISSION MEMORANDUM From: Mayor David Dermer and Date: September 8, 2005 Members of the City Commission Jorge M. Gonzalez ~ City Manager 0.__ _ _ ~ Setting of the first Public Hearing and Referral to land Use and Development Committee- Extending the Waiver Approving the Miami Beach Convention Center for Conventions, Expositions or Events Involving Adult Materials To: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A FIRST PUBLIC HEARING TO CONSIDER EXTENDING THE APPROVAL OF THE MIAMI BEACH CONVENTION CENTER AS A VENUE FOR CONVENTIONS, EXPOSITIONS OR EVENTS INVOLVING ADULT MATERIALS, PURSUANT TO THE PROVISIONS OF SECTION 847.0134, FLORIDA STATUTES; AND REFERRING THE MATTER TO THE LAND USE AND DEVELOPMENT COMMITTEE. ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission set a first reading public hearing for a time certain on October 19, 2005, and concurrently refer the matter to the Land Use and Development Committee. BACKGROUND: The provision of s. 847.0134, Florida Statutes, prohibits adult entertainment establishments that display, sell, or distribute materials harmful 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). 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. On January 14, 2004, the City Commission approved Resolution No. 2004-25458, a resolution approving the location (Miami Beach Convention Center), contingent upon certain regulations as listed herein, with such approval setto sunset on January 14, 2006. The aforementioned resolution was prompted by the request to present an event entitled Gay Erotica Expo at the Miami Beach Convention Center, which was held on June 5-6, 2004. No other event defined as adult entertainment has occurred since that time. Pursuant to a request from Victory Tradeshow Management, Inc. to present an event on May 26-28, 2006 entitled liThe Exxxotica Expo," a public show meeting the definition of an adult entertainment event, and such date requested occurring beyond the sunset date of the existing resolution (Resolution No. 2004-25458), the Convention Center and Administration are requesting the approval ofthe location ofthe Miami Beach Convention Center as a venue for the presentation of adult entertainment events. The request is to approve the location to hold such events, subject to the restrictions and guidelines delineated in the Booking Requirements and Operating Requirements approved on January 14, 2004, as listed below and further incorporated in any resolution that may result from this referral. It is further recommended that no additional sunset provision be included. BookinQ Reauirements for Adult Entertainment Oriented Events The following Operating Requirements for Adult Entertainment Oriented Events shall be used as operating criteria with respect to conduct for any adult entertainment oriented events to occur at the Miami Beach Convention Center. The requirements will be added to the Terms and Conditions of the Lease Agreement issued by the Miami Beach Convention Center (Operator) and executed by Lessee and allow the Lessee the opportunity to immediately cure and remedy any violations prior to the operator invoking its right to terminate the lease and close the show. The Lessee shall incorporate the Operating Requirements established herein into the exhibitor rules and regulations issued by the event organizer and shall be known by exhibitors that any violation of the requirements shall be cause for immediate expulsion from the show. . Convention Center Management shall book events only into Hall C, located in the southwest quadrant of the facility, so as to minimize proximity to the residential areas on Washington A venue and to Miami Beach Senior High School, . Entrance is to be permitted only from Convention Center Drive. . No more than two (2) conventions, expositions or events involving adult materials per year shall be permitted. O/JeratinQ Reauirements for Adult Entertainment Oriented Events 1. All patrons and personnel shall be prohibited from the following: The display of less than completely and opaquely covered genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolas. 2. Sexual activities are prohibited. Sexual activities include the fondling or other erotic touching of genitals, pubic region, buttocks, anus or female breasts. 3. Lessee shall provide at its expense a reasonable number of event security personnel as determined by the Convention Center to provide crowd control and to monitor compliance with the terms and conditions of this Agreement. 4. Lessee shall post signs prohibiting unlawful conduct at the entrance doors of the leased exhibit space. The size, wording and placement of any and all signs to be displayed in the public lobby area are subject to the prior approval of the General Manager of the Convention Center. 5. Lessee shall be responsible for insuring that all exhibitors, attendees, Lessee staff, and any other invitees and guests of Lessee shall comply with all applicable laws with respect to activities and materials inside the leased premises. 6. No adult or obscene materials shall be visible from any public right of way. 7. The hours of operation for this type of event at the Convention Center shall be no earlier than 9 a.m. and no later than 2 a.m. 8. No one under 18 years of age shall be admitted to these types of events. This minimum age may be increased voluntarily by event lessees if they so desire. The minimum age shall be 21 years of age if alcohol is sold at the event. 9. Lessee shall cooperate fully with representatives of the Miami Beach Police Department during the event and shall make no attempt to circumvent or undermine the law enforcement efforts of any officer patrolling the area. 10. The general public shall be permitted to bring cameras into the show as long as approved signs are posted in the exhibit area discouraging inappropriate conduct and behavior. 11. Lessee shall inform each and every exhibitor, in writing, of the Operating Requirements for participation as an exhibitor in the event and incorporate the exact language into all exhibitor agreements. 12. Prior to setting up exhibit space at the Miami Beach Convention Center, Lessee shall have each and every exhibitor execute an acknowledgement of the Operating Requirements that was included in the exhibitor agreement issued by Lessee. A copy of exhibitor agreements shall be provided to Operator by Lessee upon request. 13. Lessee shall supervise the show and exhibitor conduct at all times and be available at all times to take any and all appropriate actions to immediately remedy any violation. 14. Should any violation of the Operating Requirements occur, Lessee shall take immediate action to eject the exhibitor's personnel or any invitee or guest of an exhibitor contributing to the violation of the Operating Requirements and shall immediately close the exhibit. 15. Failure of the Lessee to take the above-stated action or attempt to prevent any violation of the Operating Requirements shall constitute a material breach of the Lease Agreement and shall be grounds for immediate termination of this contract and closure of the show. 16. Any violation of any of the terms and conditions of this Agreement or any law by the Lessee, Lessee's agents or staff, an exhibitor, any exhibitor personnel, or any invitee or guest of an exhibitor or Lessee shall constitute a material breach of this Agreement and shall be grounds for the immediate termination of this contract and closure of show. In such event, Lessee shall not be entitled to a refund of any portion of the prepaid rental fee or any other fees for incidental services (electrical, plumbing, etc.). Lessee acknowledges and agrees that the City of Miami Beach, SMG and the Miami Beach Convention Center, its officers, agents and employees shall not be responsible or liable for any injury, damage loss or expense incurred by Lessee or its exhibitors as a result of such termination or closure of the show following a breach of contract. Lessee further waives any and all claims for damages or losses against the City of Miami Beach, SMG and the Miami Beach Convention Center, its officers, agents and employees which may arise as a result of the closure of the show following a breach of this contract, and Lessee shall indemnify and hold harmless the City of Miami Beach, SMG and the Miami Beach Convention Center from any and all such claims made by Lessee's exhibitors. CONCLUSION It is recommended that this resolution be referred to the Land Use and Development Committee to discuss whether to extend the approval of the location of the Convention Center as a venue to hold events that involve adult materials, not subject to any further sunset provision. The procedure set forth in 166.041 (3) (c) F.S. refers to the process bywhich a municipality may approve the location under certain proceedings. This procedure requires that the City Commission hold two advertised public hearings. At least one hearing shall be 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, the City Commission may adopt the ordinance by an affirmative vote of five-sevenths of all members of the City Commission. JMG/HF/MAS/dt T:\AGENDA\2005\Sep0805\Consent\Comm Item Adult Event Waiver 090805(2).doc