2007-26439 Reso
RESOLUTION NO. 2007-26439
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2005-26081,
AND EXTENDING, ON FIRST READING, THE APPROVAL OF THE MIAMI
BEACH CONVENTION CENTER AS A VENUE FOR CONVENTIONS,
EXPOSITIONS OR EVENTS INVOLVING ADULT MATERIALS UNTIL
JANUARY 14, 2013, PURSUANT TO THE PROVISIONS OF SECTION
847.0134, FLORIDA STATUTES, AND SETTING A SECOND READING
AND PUBLIC HEARING FOR A TIME CERTAIN AT THE FEBRUARY 14,
2007 CITY COMMISSION MEETING
WHEREAS, Section 847.0134 of the Florida Statutes prohibits the location of an adult
entertainment establishment within 2,500 feet of a school, unless approved by the municipality in
accordance with the process prescribed in the Statute; and
WHEREAS, Section 166.041 (3) (c) of the Florida Statues requires the local governing body (City)
to hold two advertised public hearings, at least one of which shall be held after 5 p.m.; and
WHEREAS, on December 7,2005, pursuant to Resolution No. 2005-26081, the City approved the
use of the Miami Beach Convention Center as a location which may exhibit and/or display adult materials
for similar themed events, 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 exhibittheir 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
approve the item on first reading as submitted, extending the date of approval from January 14, 2008 to
January 14, 2013, and set a second reading and public hearing.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA TO amend Resolution No. 2005-26081, and extend, on first
reading, the approval of the Miami Beach Convention Center as a venue for conventions, expositions or
events involving adult materials until January 14, 2013, pursuant to the rovisions of Section 847.0134,
Florida Statutes; and setting a second reading and public hearing fo a t me certain to be held in the City
Commission Chambers, 1700 Convention Center Drive, Third Flo ,Mi m' each, Florida, on February
14, 2007, and the City Clerk is hereby authorized to provide otic ame pursuant to Section
166.041 (3)(c) , Florida Statutes.
PASSED AND ADOPTED this 17th day of January, 20 7.
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. . .. J f cv.~
CI CLERK
Robert Parcher
Attest:
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution extending on first reading the approval of the Miami Beach Convention Center as a
venue for adult entertainment events and sellin a second read in and ublic hearin
Ke Intended Outcome Su orted:
Improve availability of major events
Issue:
Should the City Commission extend the approval ofthe 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 approve the item on first reading and set a
second reading and public hearing for a time certain at the Feburary 14, 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.
Adviso Board Recommendation:
The Planning Board recommended 6-0 to approve the item at its regular meeting of December 19,
2006, with the only provision added that the Convention Center add extra exterior cleaning crew to
insure the icku of an collaterals which ma be distributed.
Financial Information:
Source of Amount Account Approved
Funds: 1 N/A
D 2
3
4
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Max Skiar and Doug Tober
Si n-Offs:
Department Director
City Manager
in
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MIAMI BEACH
AGENDA ITEM
DATE
R7A-
/-17-()]
lD
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manager ~ ~
January 17, 2007 ~ 0
Extending the Waiver Approving the Miami Beach Convention Center for
Conventions, Expositions or Events Involving Adult Materials, and Setting a
Second Reading and Public Hearing
TO:
DATE:
SUBJECT:
A RESOLUTION OF 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 SECTION 847.0134, FLORIDA
STATUTES, AND SETTING ASECOND READING AND PUBLIC HEARING FOR
A TIME CERTAIN AT THE FEBRUARY 14, 2007 CITY COMMISSION MEETING.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission approve the extension on first
reading and set a second reading and public hearing for a time certain at the February 14,
2007 City Commission meeting.
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, which
approved the location (Miami Beach Convention Center) as a venue for conventions,
expositions or events involving adult materials, 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 an extension of the ordinance approving the location of the Miami Beach
Convention Center as a venue for the presentation of adult entertainment events. On
Page 2 of 4
December 7,2005, 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 2007 and in April 2008. SMG, 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 have been 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 for an additional five (5) years, until January 14,
2013. The request is to approve the location to hold such events subject to the Booking
Requirements and Operating Requirements as listed below, noting that changes to the
current requirements include revision of the sunset date, and the addition of the ability to
expand events into exhibit halls adjacent to Hall C (Halls B & D) while still requiring all
entrance to the event to be through the Hall C Lobby.
The following booking requirements are once again recommended (changes reflected with
strikethroughs/u nderli nes):
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 and
adiacent halls (Halls B & OJ, 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 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.
Page 3 of 4
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 12 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.
Page 4 of 4
14. Should any violation ofthe 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.
At its regular meeting of December 19, 2006, the Planning Board recommended by a vote of
6-0 to approve the item as submitted, with the additional stipulation that additional exterior
cleaning be provided to address any cleanliness issues with collateral items which may be
distributed.
The procedure set forth in 166.041 (3) (c) F.S. refers to the process by which a municipality
may approve the display, sale or distribution of adult materials at a location situated within
certain proximity to a school, subjectto certain proceedings. This procedure requires thatthe
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 atleast seven days after the daythatthe
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.
CONCLUSION
It is recommended that the Mayor and City Commission approve the extension of the waiver
approving the Miami Beach Convention Center for conventions, expositions or events
involving adult materials, and setting a second reading and public hearing for February 14,
2007.
T:\AGENDA\Jan1707\Regular\Conv Ctr Adult Event Waiver First Reading Mem_Reso.doc
<9 MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF A PUBLIC HEARING
NOTICE IS HEREBY given that a First Public Hearing WI
be held by the City Commission of the City of Miarr.
Beach, in the Commission Chambers, 3rd floor, City Hal:.
1700 Convention Center Drive, Miami Beach, Florida, on ;!
Wednesday, January 17, 2007 at 10:30 A.M. 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 ill
Section 847.0134, Florida Statutes. ~
'"
INQUIRIES may be directed to the Tourism & Cultural
Development Department at (305) 673-7577.
INTERESTED PARTIES are invited to appear at this
meeting, or be I'llpresented by an agent, or to express their
views in writing addressed to the City Commission, c/o the ~
City Clerk, 1700 Convention Center Drive, 1 st Floor, City \';
Hall, Miami Beach, Florida 33139. This meeting may be ';!
opaned and continued and, under such circumstances '"
additional legal notice would not be provided.
Robert E. Parcher
City Clerk
. . City of Miami Beach I
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 '410)
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