HomeMy WebLinkAbout2005-26033 Reso
RESOLUTION NO. 2005-26033
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING, ON FIRST READING
PUBLIC HEARING, AN EXTENSION OF THE CITY'S APPROVAL OF
THE MIAMI BEACH CONVENTION CENTER AS A VENUE WHICH
WOULD ALLOW CONVENTIONS, EXPOSITIONS OR EVENTS
INVOLVING ADULT MATERIALS, PURSUANT TO THE PROVISIONS
OF F.S. 847.0134, AND SETTING A SECOND READING PUBLIC
HEARING TO BE HELD ON THE ABOVE REQUEST BEFORE THE
CITY COMMISSION, ON DECEMBER 7, 2005.
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; and
WHEREAS, the use of the Miami Beach Convention Center as a venue for an
event that will involve vendors and exhibitors demonstrating and selling their products,
including adult entertainment products, requires approval by the municipality in
accordance with the statute; and
WHEREAS, on January 14, 2004, Resolution No. 2004-25458, approved the use
of the Convention Center as a venue for adult-oriented events, subject to specific
conditions and approval; the approval granted by the Resolution, by it's terms, expired
two years later on January 14, 2006; and
WHEREAS, extension of the approval of the location would allow the Miami
Beach Convention Center to hold adult-oriented events, subject to the recommended
booking and operating requirements; the Administration would hereby recommend that
the requested extension of the aforestated approval be further subject to the sunsetting
of such approval on January 14, 2008; and
WHEREAS, as required by State Statute, a first reading public hearing to hear
public comment regarding the proposed extension was duly noticed and held on
October 19, 2005.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMIS,SION OF THE CITY OF MIAMI BEACH, FLORIDA, that following a first
reading public hearing duly noticed and held on October 19, 2005, the Mayor and City
Commission hereby approve an extension of the City's approval of the Miami Beach
Convention Center as a venue which would allow for conventions, expositions or events
involving adult materials, pursuant to the provisions of F.S. 847.0134; and further set
forth a second reading public hearing to be held on the above request before the City
Commission, on December 7,2005. '
PASSED AND ADOPTED this 19th day
MAYOR
David Dermer
Attest:
_~'~ f~
CITY CLERK Robert Parcher
T:\AGENDA\2005\Oct1905\Re'gular\Comm Item Adult Event Waiver 101905 Reso.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~/IW
CITY OF MIAMI BEACH
COrAMI5510N ITEM SUMMARY
Condensed Title:
A Resolution extending on First Reading the approval of the Miami Beach Convention Center as a
venue for conventions, expositions or events involving adult materials, and setting a Second Reading
Public Hearing for December 7,2005.
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 a resolution 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 extend the approval of the Miami Beach
Convention Center as a venue for adult-oriented events for an additional two years.
Adviso Board Recommendation:
The Planning Board heard this matter at a public hearing on September 27, 2005, A motion for
extending the approval for a one year period failed due to a 3-3 vote. The Land Use and
Development Committee approved the extension of approval for a two-year period, through January
14,2008, at its regular meeting of October 10, 2005 and further recommended amending condition
number 7 to limit hours of operation for Adult Entertainment Oriented Events between 9 a.m. and 12
a.m. (midnight). The Committee also recommended that an additional condition, prohibiting the
distribution of handbills, be added to the 0 eratin Re uirements,
Financial Information:
Source of Amount Account Approved
Funds: 1 N/A
D 2
3
4
Finance Total
Dept.
Ci Clerk's Office Le islative Trackin :
Doug Tober, General Manager, Miami Beach Convention Center
Si n-Ofts:
Department Director
Agenda Item
Date
R7A
10-/9-0:s-
CITY OF MIAMI BEACH .
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: October 19, 2005
From:
Jorge M. Gonzalez ~ '""- /
City Manager ,.r"()
A RESOLUTION F THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, EXTENDING ON FIRST READING THE
APPROVAL OF THE MIAMI BEACH CONVENTION CENTER AS A VENUE
FOR CONVENTIONS, EXPOSITIONS OR EVENTS INVOLVING ADULT
MATERIALS, PURSUANT TO THE PROVISIONS OF F.S. 847.0134, AND
SETTING A SECOND READING PUBLIC HEARING TO BE HELD ON THE
ABOVE REQUEST BEFORE THE CITY COMMISSION ON DECEMBER 7,
2005.
Subject:
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission extend the approval of the
Miami Beach Convention Center as a venue for adult-oriented events.
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).
On January 14, 2004, the City Commission approved Resolution No. 2004-25458, a
resolution approving the location (Miami Beach Convention Center) for purposes of
booking public shows that meet the definition of adult entertainment, contingent upon
certain booking and operating regulations as listed herein, with such approval set to sunset
on January 14, 2006. This 2004 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, and no issues arose as a result of the above event being held.
The Convention Center has received a request to book a public show that would meet the
definition of an adult entertainment event. The Convention Center and Administration are
requesting the extension of the resolution approving the location of the Miami Beach
Convention Center as a venue for the presentation of adult entertainment events to permit
the booking of this or any other show that would meet this definition. The request is to
approve the location to hold such events subject to the Booking Requirements and
Operating, Requirements as listed below. These Booking and Operating Requirements
were approved on January 14, 2004, and it is recommended that they continue to be
conditions applicable to any show that meets the "adult entertainment event" definition.
Booking Requirements 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 Avenue and to Miami Beach Senior High School, with entrance 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.
Operating Requirements for Adult Entertainment Oriented Events
The following Operating Requirements shall be incorporated into any Lease Agreements
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.
The Planning Board heard this matter at a public hearing on September 27, 2005. A
motion extending the approval of the use of the Convention Center as a venue for adult-
oriented events for a one-year period failed due to a 3-3 vote. This item was also
presented to the Convention Center Advisory Board on September 27, with no discussion
introduced by the CCAB.
On October 10, 2005, the Land Use and Development Committee approved the extension
of approval of the venue for an additional two years, through January 14, 2008, and further
recommended amending condition number seven (7) to limit hours of operation for Adult
Entertainment Oriented Events between 9 a.m. and 12 a.m. (midnight). The committee
also recommended that an additional condition, prohibiting the distribution of handbills
within the City of Miami Beach, be added to the Operating Requirements.
CONCLUSION
It is recommended that this resolution be approved on First Reading, extending the
approval of the location of the Convention Center as a venue to hold events that involve
adult materials as recommended above, and setting a Second Reading Public Hearing for
December 7,2005.
The procedure set forth in 166.041 (3) (c) F.S. refers to the process by which 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 resolution by an affirmative vote of five-sevenths of all members of the City
Commission.
JMG/HMF/MAS/DT
T:\AGENDA\2005\Oct1905\Regular\Comm Item Adult Event Waiver 101905 Memorandum.doc
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~'.'."'" CIT"..~,i,O.......' F........,.:.i,M...'......'.:.,....,.,I,.A......','...,....M..' B....EA. CH
u-I, .' "NOTICE OF
...,.\,<.r~.tJBLJC.IiEARING
.\" '.'..,.'...i>
NOTICE IS HEt:lEBY.gi~enthat a Public Hearing
will be held by t~M~YQr~(ldCity Commission of
the City of MiaflliB$aph, Florida, in the
Commission Chambers,'3rdfloor, City Hall, 1700
Convention. Center Drive, Miami Beach, Florida,
on Wednesday, October 19, 2005, at 10:20
a.m., to consider extending.theapproval of the
Miami Beach Convention "Center as a venue for
conventions, expositions or events involving adult
materials,. pursuant to the pro,visions of Section
847.0134, Florida Statutes.
Inquiries may be directed to the Tourism and
Cultural Development (305) 673-7577.
INTERESTED PARTIES are invited to appear at
this meeting, or be represented by an agent, or
to express their views in writing addressed to the
City Commission" clo the City Clerk, 1700
Convention Center Drive, 1st Floor, City Hall,
Miami Beach, Florida 33139. This meeting may
be continued and under such circumstances
additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City
hereby advises the public, that: if a person
'decides to appeal any decision made by the City
Commiss,ion with respect to. ", any matter
considered at its meeting or. its hearing, such
person must ensure that a verbatim record of the
proceedings is' made,. which record includes. the
testimony and evidence uponwhichthe appeal is
to be based. This notice poes not constitute
consent by the. City fOr the . introduction or
admission'" of 'otherwise inadmissible or irrelevant
evidence, nor .does it authorize.. challenges or
appeals not otherwise allowed by law.
To request this material in' accessible format,
sign language interpreters, inform.ation on
access for persons with disabilities, and/or any
accommodation to review any:' document or
participate in any city-sponsored proceeding,
please contact (305) 604-2489 (voice), (305).
673-7218(TTY) five days in advance to initiate
your request. TTY users may. also call 711
(FloriSa Relay Service).
(Ad #332)
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