Item Coversheet

OLD BUSINESS  8.

COMMITTEE MEMORANDUM

TO: Neighborhood and Quality of Life Committee Members


FROM:
Alina T. Hudak, City Manager


DATE: September 20, 2021


SUBJECT:DISCUSSION PERTAINING TO INDECENT OR OBSCENE BUSINESS NAMES/SIGNAGE.

HISTORY:

On June 23, 2021, at the request of Commissioner Steven Meiner, the City Commission referred a discussion item to the Neighborhoods and Quality of Life Committee (C4J) pertaining to indecent or obscene business names and signage.

 

BACKGROUND

 

Chapter 138 of the Land Development Regulations (LDR’s) of the City Code regulates exterior signage within the City. These regulations pertain to the physical design, quantity, dimensions, and location of allowable exterior signage. However, there are no regulations in Chapter 138 regarding content, other than a prohibition on general advertising.

 

Chapter 142, Article V, Division 3 of the LDR’s regulates all forms of adult entertainment, including, but not limited to, establishments, books, film and novelties. However, there are no regulations in this subsection of the LDR’s regarding names of businesses.

ANALYSIS

Concerns have been expressed among residents regarding business names and signage that could be detrimental to the branding of Miami Beach. This item pertains to potential options that the City may have to regulate names related to businesses, in a manner that is more consistent with an elevated location and destination to live or visit.

 

As noted in the background section above, the City Code does not regulate names of businesses. In light of the potential constitutional and free speech issues associated with regulating business names, it is suggested that the matter be explored further with the City Attorneys office, prior to any formal direction being given to draft potential code amendments.


CONCLUSION:
In view of the foregoing, the Administration recommends that the NQLC discuss the item and provide appropriate policy direction.

Applicable Area

Citywide
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No