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HomeMy WebLinkAbout2006-26403 Reso RESOLUTION NO. 2006-26403 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. WHEREAS, Victory Tradeshow Management, Inc. has contacted SMG, the City's manager and booking agent at the Miami Beach Convention Center (MBCC) for a proposed event, "The Exxxotica Expo", which would involve vendors and exhibitors demonstrating and selling their products, including adult entertainment products; and WHEREAS, as the event will likely involve adult materials, the Administration has determined that it will likely be subject to the provisions of 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, requires approval of the proposed event at MBCC under proceedings as provided in Section 166.041 (3) (c), Florida Statues, which requires the local governing body (City) to hold two advertised public hearings, at least one of which shall be held after 5 p.m. WHEREAS, the City had previously obtained approval for similar themed events in the past, pursuant to Resolution No. 2005-26081, on December 7,2005, subject to such approval sunsetting two years later, or January 14, 2008; and WHEREAS, in order to allow "The Exxxotica Expo", which is proposing to exhibit their third annual show after January 14, 2008, as well as other events at MBCC which may contain exhibition and/or display of adult materials (as defined by Section 847.0134, Florida Statutes), the Mayor and City Commission must extend the time period permitting such events; and WHEREAS, the Administration would recommend that the Mayor and City Commission hereby set the first required public hearing to consider same. 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 January 17, 2007, and thJ3 City qerk is hereby authorized to provide notice of same pursuant to Section 166.041 (3)(c), Florida St~utel f . i l / PASSED AND ADOPTED this 6th day of Dec7f1H . ~ MAYOR David Derme~PPROVED AS TO FORM & LANGUAGE & FOR EXECUTION A~r p~ CITY CLERK Robert Parcher III.U' JDk ~ COMMISSION ITEM SUMMARY Condensed Title: A Resolution setting a public hearing to consider extending the approval of the Miami Beach Convention Center as a venue for conventions, ex ositions or events involvin adult materials. Ke Intended Outcome Su orted: Improve availability of major events Issue: Should the City Commission extend the approval of the Miami Beach Convention Center as a location to hold events involvin 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 approving the location (Miami Beach Convention Center), contingent upon certain regulations, with such approval set to sunset on January 14, 2006. On December 7, 2005, the City Commission approved Resolution No. 2005-26081 extending said approval for an additional two years, until January 14, 2008. The Administration recommends that the City Commission set a first reading and public hearing for a time certain at the January 17, 2007 City Commission meeting to consider extending the approval of the MBCC as a venue for for conventions, expositions, or events involving adult materials to permit bookings beyond January 2008. Financial Information: Source of Amount Account Approved Funds: 1 N/A D 2 3 4 aSPI Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin Max Sklar and Doug Tober Si City Manager ~ ...... MIAMIBEACH AGENDA ITEM DATE C7H /.2-~ -oc, ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM FROM: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez, City Manager 1. _~ / December 6, 2006 tJ 'v-"" 0 TO: DATE: SUBJECT: Setting of the Public Hearing - Extending the Waiver Approving the Miami Beach Convention Center for Conventions, Expositions or Events Involving Adult Materials 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. ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission set a first reading and public hearing for a time certain at the January 17, 2007 City Commission meeting 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 Statues. BACKGROUND: The provisions of s. 847.0134, Florida Statutes prohibit 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, which approved the location (Miami Beach Convention Center), as a venue for the presentation of adult entertainment events, contingent upon certain regulations as listed herein, with such approval set to sunset on January 14, 2006. This 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. Pursuant to a request from Victory Tradeshow Management, Inc. to present an event entitled "The Exxxotica Expo", a public show meeting the definition of an adult entertainment event, on May 26-28, 2006, the Convention Center and Administration requested extension of the ordinance approving the location of the Miami Beach Convention Center as a venue for the presentation of adult entertainment events. On December 12,2005, the City Commission approved Resolution No. 2005-26081, extending said approval for an additional two years, until January 14, 2008. The 2006 Exxxotica Expo was held without incident and all agreed upon requirements were adhered to. Subsequently, Victory Tradeshow Management contacted the Miami Beach Convention Center in order to secure dates in April 2008. SMG, the Miami Beach Convention Center Management, is unable to lease the Convention Center to Victory Tradeshow Management for any dates past January 14, 2008, which is when the current approval expires. Since 2004 adult entertainment events were held at the Miami Beach Convention Center without incident. As such, the Administration recommends the City Commission consider extending the City's approval of the Miami Beach Convention Center as a venue which is permitted to host conventions, expositions, or events involving adult materials, pursuant to provisions of F.S. 847.0134 with the following changes · Approval is for an additional five (5) years, until January 14, 2013. · Approval is for events to be permitted not only in Hall C, but also to expand, if necessary, and at the discretion of the City Manager or his designee, into adjacent halls (Halls B & D), with the proviso that all public shall enter through the Hall C lobby and other lobbies shall be used for emergency egress only. The request is to approve the location to hold such events subject to the Booking Requirements and Operating Requirements as listed below: 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, and adjacent halls (Halls B & 0) as may be needed and at the discretion of the City Manager, or his designee, 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 the Hall C lobby. No more than two (2) conventions, expositions or events involving adult materials per year shall be permitted. City Commission Resolution approving this waiver for the presentation of Adult Entertainment Oriented Events shall sunset on January 14, 2013. Operating Requirements 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 first reading and public hearing be set for January 17, 2007 for the consideration of extending the approval of the Miami Beach Convention Center as a venue for conventions, expositions or events involving adult materials. 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. Furthermore, this item is also scheduled to be heard by the City's Planning Board at a Public Hearing on December 19, 2006. Subsequently, the Planning Board's recommendation will be presented to the City Commission at the January 17, 2007 City Commission Meeting. JMG/HMF/~h/DT BAGENDA\20fedl606\roO"'O"Comm Item Ad,Il E"'" W"'e, SeWo, p,,", He"o,.d",