HISTORY:
A City of Miami Beach Permit is required for special events, defined as a temporary uses on public or private property that would not be permitted generally or without restriction throughout a particular zoning district, but would be permitted if controlled with special review. Applications are processed on a “first come, first serve” basis unless otherwise provided for under the booking policy. Applicants must generally provide 60 days notice for public use and 30 days notice for private use. The special event process is a review and approval process in which all aspects of an event are coordinated through internal, neighborhood and permitting reviews.
In 1988, the City Commission approved a set of requirements for any applicant who wishes to hold a special event in the City of Miami Beach. The Special Events Requirements and Guidelines (“Special Event Guidelines”) were designed to help guide applicants through the process of applying for a Special Events Permit, while ensuring minimal disruption to the impacted, surrounding environment. In 1995, via Resolution No. 95-21684, several revisions to the guidelines were adopted, but the procedures set forth did not adequately address a variety of issues associated with the production of special events. In 1998, via Resolution No. 98-23003, the guidelines were amended to incorporate direction received from neighborhood associations, property owners and citizen groups. Subsequently, in 2001, Ordinance No. 2001-3302 and the corresponding Resolution No. 2001-24341 were adopted by the City Commission, which codified the Special Event permit process and adopted separate guidelines with procedures, requirements and criteria for the issuance of permits for special events in Miami Beach. In July 2005, additional amendments were made to the City Code and to the Special Events Guidelines relating to the definition of a special event, consecutive day clause, permit application deadlines, neighborhood review and fines associated with the special event permit. In 2008, via Resolution 2008-26908, additional amendments to the Special Event Guidelines were made pursuant to direction from the Finance and Citywide Projects Committee, in regards to trying to generate additional revenue for the City, via the addition of Temporary Sampling Permits. In 2012, via Resolution 2012-3783, the Enforcement provisions of Special Event permitting were strengthened and a detailed fine structure implemented; and via Resolution 2012-28042, numerous Special Event guideline revisions were approved, to clarify the process and restrict public uses during high impact periods.
As the City anticipates the finalization of the renovated Miami Beach Convention Center and, with it, the new Veterans Park space and the revised rental fee negotiated for Design Miami to use this space for their annual event, the Administration recognized an opportunity to evaluate and update components of the special event process for all special event use of public spaces. In this evaluation, it was determined that the general rental structure of special event permits, currently defined primarily by a single square footage fee of $.25 per square foot for the entire event duration – regardless of the duration of the event -- was not up-to-date with the City’s consumer price index and relevant value increases made across the board in other uses and rentals of public space, such as parking meter and right of way permit uses. Additionally, the current rate is not on par with relevant rates for similar public facilities throughout the community, including Bayfront Park which is used for large scale events and festivals. In addition, placing restrictions on the duration of event length helps achieve a key outcome of reducing the privatization of public beach and park spaces, making them more available for public use.
To that end, the Administration is recommending changing the rental/ square footage fee to a $.05 per square foot per day fee (plus applicable sales tax) to adjust revenue to meet the consumer price index and the increased values of public space rentals throughout the City, as well as a means to incentivize the reduction of privatized event use time on public property. This will also serve as a benefit to shorter and smaller event uses in the City, reducing their overall costs.
For existing annual events whose costs would increase, the Administration is recommending a three-year phase in for any increased rental fee for existing annual events, with a proposed 25% increase in year 1, 50% increase in year 2, and 100% increase in year 3, following adoption of such changes.
Attachment 1 provides a summary of the impact on a sample of existing events.
In addition, the following recommendations are proposed:
1. Restricting the maximum number of total annual allowed event days specific to each space, inclusive of load in, event days and load out, per designated area for public events This would require designating specific areas customary for public special event permits that the City can effectively manage through the special event process. Suggested designated areas for public special events are:
a. Lummus Park (5th to 15th Street)
b. Beachfront from 5th to 15th Street
c. Beachfront from Lincoln Road to 21s Street
d. Collins Park
e. Collins Park Beachfront (22nd to 23rd Street)
f. Midbeach Beachfront from 24th Street 45th Street
g. Indian Beach Park (45th to 47th Street)
h. Midbeach Beachfront to 47th to 63rd Street
i. Bandshell Park and the 73rd Street Sandbowl
j. Northbeach Beachfront from 64th Street to 87th Terrace
k. Convention Center Veteran’s Park
l. Soundscape Park
m. Carl Fisher Park
n. Ocean Drive (5th to 15th Street)
o. Ocean Terrace (73rd to 75th Street)
p. Lincoln Road (Alton Road to Washington Avenue)
Attachment 2 provides a suggested number of maximum number of days per event area. Event days for multiple events occurring ii the same period would not be added together in determining the maximum number of days.
If the Committee supports the concept of a maximum number of days per event space, it is recommended that consideration be given to grandfather in existing annual events to be able to continue to produce in their same venues beyond any maximum annual day allotments per designated area for public events.
2. Limiting the maximum number of days per individual special event permit to 30 days, inclusive of load in, event days, and load out, unless given a waiver by the Commission.
3. Requiring the event to provide sufficient re-sodding, sand sifting, or street sweeping post event to satisfactorily return the space to for public enjoyment, to potentially have this replace the current parks user fee.
4. Increasing the security deposit amounts based on the anticipations of re-sodding, sand sifting, or street sweeping needs, to vary based on the event designated area.
5. For private corporate events on public space, most of which generally fall directly behind hotel properties, the guideline specifications and limitations on use of space should be exempted for events which are under 150 people such as small weddings, team building events, and small corporate receptions.
6. Implementing a more effective method of communicating potential event impacts to affected residents and businesses, following a model used by the Planning Department, that assesses a fee to the special event applicant to enable the Administration to mail all addresses within 375 feet of the proposed event no less than 30 days prior to any review meeting that will discuss the proposed event impacts to that neighborhood
It should be noted that special event applicants are also expected to pay fees beyond the proposed rental fee, inclusive of permit fees, authorized vehicle access fees, building department permits, City staffing resources (Police, Fire, Parking, Sanitation, etc.) and concessionaire displacement, where defined by contract.
If implemented, the Administration believes these changes will lessen the impacts of special events that occur on public property, allowing these areas to be more readily enjoyed by residents and visitors. It will also serve to better protect these public areas and ensure the event areas can be restored to their proper condition. While the restructured costs may result in an increase in costs for a small number of events, the daily fee structure will encourage larger events that wish to remain in Miami Beach to compress their schedule of use of public property, while smaller public events with lesser impacts on public spaces will see a cost savings and be further incentivized to remain in or be encouraged to come to Miami Beach, particularly in less utilized areas of the City.