Through Section 18, Article XV of the City Code, the City has established an Artist Vending Program. The program created an artist vendor certificate review process in which the Office of Tourism and Culture examine, observe, and authenticate the artist applicant in the production of the art for which they seek certification.
Upon the successful completion of the certification process, an artist vendor can obtain a Certificate, from the Customer Service Center, to sell their hand made art Citywide in commercial areas outside the City’s lottery zone.
To address public safety concerns from the proliferation of artist vendors and frequent complaints regarding gridlock on sidewalks and other city right of ways in South Beach, the City established a lottery permitting system for 58 designated artist vendor locations in the heart of South Beach. These 58 codified locations are located on Lincoln Road, Collins Avenue, Ocean Drive, Washington Avenue, and several Beachwalk Street-Ends; areas where the City experiences the largest footfall of local and tourist traffic. The City currently hosts quarterly lotteries for artist vendors wishing to participate in the program for the permitted locations.
If any of the permitted locations are needed for a special event, municipal repairs, or other city business, the City Manager, or their designee, may temporarily or permanently relocate the artist vendor, or temporarily suspend the vending activity if no alternative is available. Locations for artist vendor permits are verified each quarter by Code Compliance before each lottery.
DISCUSSION ITEMS:
Maps and Location Updates: (please see attached maps)
Ordinance Updates:
Sec. 18-910. Enforcement, suspension/revocation of permit or certificate.
(a) Any violation of this article, except a violation for selling goods for which the artist vendor has not been certified or goods that are not made by the artist, or a violation for an artist vendor selling without a permit in a permit area, shall result in the violator being served with a notice of violation subject to the following fines and penalties:
(1) First offense: $50.00;
(2) Second offense in the previous 12-month period: $100.00; ineligible for application for permit for one quarter.
(3) Third offense in the previous 12-month period: $250.00; immediate revocation of permit; ineligible for application for permit for two quarters.
(4) Fourth or subsequent offense in the previous 20-month period: $500.00; immediate revocation of permit; ineligible for application for permit for one year.
(b) A violation of this article for selling goods for which the artist vendor has not been certified or goods that are not made by the artist, or a violation for an artist vendor selling without a permit in a permit area, shall result in the violator being served with a notice of violation subject to the following fines and penalties:
(1) First offense: $50.00;
(2) Second offense in the previous 12-month period: $100.00; the certificate is automatically revoked, and the artist vendor is ineligible for a certificate for two quarters.
(3) Third offense in the previous 18-month period: $250.00; certificate is automatically revoked, and the artist vendor is ineligible for a certificate for one year.
(4) Fourth offense in the previous 24-month period: $500.00; certificate is automatically revoked, and the artist vendor is permanently ineligible for a certificate subject to reinstatement after two years upon a showing of good cause as determined by the special magistrate.
(c) Notwithstanding the above, the city may also direct the artist vendor or street performance artist to immediately cease and desist the activity in violation of this article. Failure to immediately comply with the order to cease and desist the activity in violation of this article shall result in additional fines and may result in suspension or revocation of the street performer or artist vendor permit, or of the artist vendor certificate. Following suspension or revocation of a permit or certificate, upon written request of the permit or certificate holder, the city manager or the manager's designee shall hold a hearing within ten days after receipt of such request, at which time the manager or designee will hear the facts constituting the basis for the modification, suspension or revocation, hear the statements for or against such action by interested persons, and then make a decision affirming, modifying, or reversing the action to be taken with respect to the permit or certificate. Such decision may be announced orally at the hearing, or in writing within ten days after the hearing. Appeals from a decision of the city manager or the manager's designee shall be to the appellate division of the circuit court in accordance with the rules of appellate procedure.
(Ord. No. 2008-3619, § 1, 11-5-08; Ord. No. 2021-4431, 7-28-21)
Customer Service / Finance Department: discussion regarding permit pick up times.
The Customer Service Division proposes having lottery permits available for:
· Customers paying in person: on-the-spot
· Customers paying online: within five days after payment deadline