2007-26472 Reso
RESOLUTION NO.
7007-26472
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO.
2005-26081, AND EXTENDING, ON SECOND AND FINAL 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.
WHEREAS, Section 847.0134, 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), Florida Statutes requires the local governing body, the
City Commission, to hold two advertised public hearings, at least one of which shall be held after 5:00
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 (MBCC) as a location that may exhibit and/or display
adult materials for similar themed events, subject to such approval sunsetting two years later, on
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 approve on second and final reading the use of designated portions 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.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE AYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA TO amend Reso r n No. 2005-26081, and extend, on
second and final reading, the approval of the Miami Bea nvention Center as a venue for
conventions, expositions or events involving adult material un il J nu 14, 2013, pursuant to the
provisions of Section 847.0134, Florida Statutes.
PASSED AND ADOPTED this 14th day of Febru
MAYOR
~yrcuLk
CITY CLERK
Robert Parcher
T:\AGENDA\2007\feb1407\Regular\Conv Ctr Adult Event Waiver Second Reading RESO.doc
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution extending on second and final reading the approval of the Miami Beach Convention
Center as a venue for adult entertainment events.
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 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 City Commission approved the item on first reading at its regular meeting of January 17, 2007. The
Administration recommends that the City Commission approve the item on second and final reading
extending the approval of the MBCC as a venue for for conventions, expositions, or events involving adult
materials to permit bookings for five additional years, or until January 14, 2013, inclusive of all previously
required conditions, and expanding the available exhibit halls to include Halls Band D, (but maintaining the
entrance to the event at Hall C).
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
OSPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Max Sklar and Doug Tober
Si n-Ofts:
Department Director
m
~
MIAMI BEACH
AGENDA ITEM
DATE
m
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
DATE: February 14, 2007
FROM: Jorge M. Gonzalez, City Manager
SUBJECT: 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, EXTENDING ON SECOND AND FINAL 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.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission approve the extension on second
and final reading.
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 resolution 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/underlines) :
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 & 0), 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 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.
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 City Commission approved the item as submitted on First Reading at its
regular meeting of January 17, 2007.
The procedure setforth 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, subject to 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.
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.
T:\AGENDA\2007\feb1407\Regular\Conv Ctr Adult Event Waiver Second Reading MEMO.doc
\
~ MIAMI BEACH
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 af the City of Miami Beach, Florida, in the City Commission Chambers, 3rd
floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday,
February 14, 2007, at 5:05 P.M., to consider approval, on Second Reading, of a First
Addendum to the Development Agreement between the City of Miami Beach and the New
World Symphany (NWS), dated January 5, 2004, which Agreement provided for
development of that certain Project referred to as the "New World Symphony Campus
Expansion", which Project provides for the design, development, and construction of a not
to exceed 50,000 square foot educational performance and internet broadcast facility and
an exterior screen (formerly known as "Soundspace"), a public parking garage containing
both parking and ground floor retail space, and certain other public streetscape
improvements, including a Park, as same shall be agreed upon between the City of Miami
Beach and NWS; further providing that the praposed First Addendum increases the City's
required funding contribution toward the design, development and construction of the
public parking garage to a total amount not to exceed $15,210,135; and authorizes NWS
to proceed with the following public impravements, to be designed. developed, and
constructed by NWS: the Park adjacent to the praposed NWS facility (the Park Project), at
a total cost not to exceed $13.810,000; and certain other additianal public streetscape
improvements (the Additional Improvements), at a total cost not to exceed $6,400,000.
Inquiries may be directed to the Miami Beach Redevelapment Agency at (305) 673-7295.
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 cIa the City
Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139.
This meeting may be opened and continued and under such circumstances additional
legal natice would not be provided.
Robert E. Parcher, City Clerk
City af Miami Beach
Pursuant to Sectian 286,01 05, FL Statutes, the City hereby advises the public that: if a
person decides ta appeal any decisian made by the City Commissian with respect to any
matter considered at its meeting or its hearing, such person must ensure that a verbatim
recard 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, nar does
it authorize challenges or appeals not atherwise allowed by law.
Ta request this material in accessible format, sign language interpreters informatian on
access for persons with disabilities, and lor any accommodation to review any dacument
or participate in any City-spansored 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 1417)
.
I!!
!....
I~ .
i-,
1>-
l~
!~
:ffi
; ....
i >..
,<
;~
~o::
!:J
':I:
....
Ii
]1
1'~
i-
15
!~
II
!
im
i~
~ MIAMIBEACH
CITY OF MIAMI BEACH
NOTICEOFA PUBLIC HEARING .
ICE IS HEREBY given that a Second Public
Hearing will be held by the City Commission of the
City of Miami Beach, in the Commission Chambers,
3rd floor, City Hall, 1700 Convention Center Drive,
Miami Beach, Florida, on Wednesday, February 14,
2007 at 5:01 P.M. Amending Resolution No,
2005-26081, Extending 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.
INQUIRIES may be directed to the Tourism &
Cultural Oevelopmen~ Department 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, 1 st Floor, City Hall, Miami Beach,
Florida 33139. This meeting may be opened and
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) 673-721 B (TTY) five days in advance to initiate your
request. TTY users may also call 711 (Florida Relay Service).
(Ad #416)