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HomeMy WebLinkAbout2005-26081 ResoRESOLUTION NO. 2005-26081 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, ON SECOND 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, UNTIL JANUARY 14, 2008; FURTHER APPROVING AN AMENDMENT TO THE CITY'S POLICY SETTING FORTH THE CONDITIONS AND OPERATING REQUIREMENTS FOR SUCH EVENTS; SAID AMENDMENT REFLECTING A CLOSING TIME OF NO LATER THAN MIDNIGHT (12:00 A.M.) FOR SUCH EVENTS. 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 operating requirements, and subject to such approval expiring 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; and WHEREAS, 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 that the City's policy setting forth the operating requirements for such events also be amended to reflect a closing time of no later than midnight (12:00 A.M.) for such events; and WHEREAS, as required by State Statute, a first reading public hearing to hear public comment regarding the proposed extension and amendments to the conditions AGENDA ITEM DATE was duly noticed and held on October 19, 2005, and such extension and amendments were approved by a vote of 7-0 by the City Commission; and WHEREAS, as required by State Statute, the second and final public hearing was duly noticed and held on December 7, 2005. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that following a second reading public hearing duly noticed and held on December 7, 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., until January 14, 2008; further approving an amendment to the City's policy setting forth the conditions and operating requirements for such events; said amendment reflecting a closing time of no later than midnight (12:00 a.m.) for such events. Attest: PASSED AND ADOPTED this 7th day 05. MAYOR David Dermer CITY CLERK Robert Parcher T:~AGENDA~2005\Dec0705\Regular\Comm Item Adult Event Waiver 120705 Reso.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~ Attorn~ Condensed Title: COMMISSION ITEM SUMMARY I A Resolution approving the Miami Beach Convention Center as a venue for events involving adult materials. Key Intended Outcome Supported: IImprove availability and accessibility of major events. 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 conditions, 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, subject to the same conditions. Advisory 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 Convention Center Advisory Board (CCAB) was presented this item on September 27, 2005, with no discussion introduced by the CCAB. At its regular meeting of October 10, 2005, the Land Use and Development Committee approved the extension of approval for a two-year period, through January 14, 2008, 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 Operating Requirements. Financial Information: Source of Amount Account Approved Funds: 1 2 3 4 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: IMax A. Sklar, Tourism and Cultural Development Director Doug Tober, Miami Beach Convention Center Executive Director Sign-Offs: Department Director Assi~stant City Manager J City Manager MiAMIBEACH DATE I Z.-~-O M iAM t B E AC H ¢it~ Of MjclmJ Be¢l¢l% 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor David Dermer and Members of the City Commission City Manager Jorge M. Gonzalez December 7, 2005 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING ON SECOND 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. 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. ANALYSIS 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. . 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. Sexual activities are prohibited. Sexual activities include the fondling or other erotic touching of genitals, pubic region, buttocks, anus or female breasts. , 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. . Lessee shall post signs prohibiting unlawful conduct at the entrance doom 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. Lessee shall co°perate 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. 11. 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. 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 contributir~g 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 ~he 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. This item was approved by a vote of 7-0 on First Reading by the City Commission at its regular meeting of October, 19, 2005. T:V~GENDA~2005\Ddl~)705\lRegular\Comm Item Adult Event Waiver 120705 Memo.doc CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that a Public Hearing will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, December 7, 2005 at 5:01 p.m, regarding A Resolution 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. Inquiries may be directed to the Tourism and Cultural Development at (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, c/o 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 Commission 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 upon which the appeal is to be based. This notice does 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, information 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 (Florida Relay Service). (Ad #344)