| | | | | | | |  | Ordinances - R5 M
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | June 28, 2023 | | | | First Reading
| | SUBJECT: | INDOOR RESTAURANT AMBIENT ENTERTAINMENT PILOT PROGRAM
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “ARTS, CULTURE AND ENTERTAINMENT,” BY AMENDING ARTICLE II, ENTITLED “SPECIAL EVENTS,” BY AMENDING SECTION 12-6, ENTITLED “AMBIENT ENTERTAINMENT PERMIT PROGRAM,” TO CREATE AN INDOOR RESTAURANT ENTERTAINMENT PERMIT PROGRAM, TO IDENTIFY ELIGIBLE ESTABLISHMENTS, ESTABLISH REGULATIONS APPLICABLE TO THE PERMIT PROGRAM (INCLUDING THE TERM OF THE PERMIT, AND MINIMUM STANDARDS, CRITERIA, AND CONDITIONS); AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission discuss and consider the subject ordinance at First Reading. |
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| | | | | | | | BACKGROUND/HISTORY
| On March 9, 2022, at the request of Commissioner Ricky Arriola, the City Commission referred a discussion item (C4 D) regarding entertainment to promote arts and culture to the Land Use and Sustainability Committee (LUSC) and the Public Safety Neighborhood and Quality of Life Committee (PSNQLC).
The item was discussed briefly at the April 27, 2022 PSNQLC meeting, and continued to a future date, not specified, with direction to bring the item back when the sponsor was available to attend a PSNQLC meeting. On April 21, 2023, the sponsor withdrew the PSNQLC portion of the referral.
The item was placed on the April 8, 2022 LUSC agenda and deferred to the May 13, 2022 LUSC meeting. On May 13, 2022 the item was deferred to the June 1, 2022 LUSC meeting, with no discussion.
The June 1, 2022 LUSC meeting was postponed and moved to a new date of June 6, 2022. On June 6, 2022 the LUSC discussed the item and continued it to the September 23, 2022 LUSC meeting, with the following direction:
1. The City Attorney will study the current definition of ‘Entertainment’ and propose potential options for consideration.
2. The Economic Development Department will reach out to different businesses in Sunset Harbor and South of Fifth Street, to assess specific needs and obtain input and feedback.
3. A potential pilot program will be developed.
The September 23, 2022 LUSC meeting was moved to September 28, 2022. On September 28, 2022, the item was deferred to the October 28, 2022 LUSC meeting.
On October 28, 2022, the item was discussed and continued to the January 25, 2023 LUSC meeting with direction to the Administration and the City Attorney’s Office to draft a pilot program for entertainment within a limited area and based upon limited hours, days and uses, as well as provide additional, applicable information on regulating different types of DJ’s. On January 25, 2023 the item was continued to the February 15, 2023 LUSC meeting with no discussion.
On February 15, 2023, the LUSC discussed the item and continued it to the April 19, 2023 LUSC meeting, with direction to the Administration and the City Attorney's Office to provide a draft ordinance incorporating the framework of an entertainment pilot, but without identifying specific neighborhoods or areas that it could be applicable to. On April 19, 2023, the LUSC moved the draft ordinance for a restaurant pilot program to the City Commission with the following modifications:
1. The pilot program should have a sunset provision of 18 months.
2. Live entertainment only take place on Saturdays, Sundays, and Holidays and conclude by 6:00 p.m.
3. The Commission consider some flexibility regarding days and hours of entertainment, through the special event permit process. |
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| | | | | | | | ANALYSIS
| The following is the definition for entertainment establishment in Section 114-1 of the Land Development Regulations (LDRs) of the City Code:
Entertainment establishment means a commercial establishment with any live or recorded, amplified or nonamplified performance, (excepting television, radio and/or recorded background music, played at a volume that does not interfere with normal conversation, and indoor movie theater operations). Entertainment establishments may not operate between the hours between the hours of 5:00 a.m. and 10:00 a.m., except as provided for under subsection 6-3(3)(b).
Additionally, attached are maps of the north and south parts of the city, which show the areas of the City where entertainment is currently permitted.
Attached is a draft ordinance, as recommended by the LUSC, which establishes an indoor restaurant ambient entertainment pilot program. Under the proposed pilot, the City Commission would have the authority to issue, modify, or revoke temporary indoor restaurant ambient entertainment for indoor portions of restaurants located in applicable areas, and in accordance with specific criteria and provisions, which are summarized hereto:
1. Ambient entertainment is limited to indoor portions of full-service restaurants only.
2. Ambient entertainment can occur no earlier than 11:00 a.m. and no later than 6:00 p.m. on Saturday, Sunday and legal holidays only.
3. Sound associated with entertainment shall not exceed ambient levels at any time and shall not be audible anywhere along the exterior of the premises at any time.
4. The occupant content of the establishment, as determined by the Fire Marshal, shall not be more than 300 persons.
5. Dance halls shall not be permitted.
6. The establishment may be issued up to four (4) Special Event Permits (SEP) per year, provided such SEPs do not contravene the criteria and requirements herein. Additionally, as part of an SEP, additional days and expanded hours may be approved, subject to City Commission approval.
7. Each permit shall have an initial term of six (6) months, or such lesser time as determined by the City Commission. The City Commission may extend the permit, at its sole discretion, for additional six (6) month intervals, or a lesser interval as determined by the City Commission.
8. The City Commission, at its sole discretion, may revoke any entertainment permit prior to the end of the term, if the Commission determines that an establishment has failed to comply with any applicable criteria, conditions, and requirements.
9. An eligible applicant must agree in writing, on a form acceptable to the City Attorney, to fully comply with all conditions and requirements of the indoor restaurant ambient entertainment pilot program and agree to hold the City harmless and fully indemnify the City from any and all liability in the event a permit is not extended, or is revoked, for any reason. The applicant shall also agree and acknowledge that the permit is temporary, conditional, and revocable by the City Commission at any time, with or without cause, upon seven days’ prior written notice to the permittee.
10. An 18-month sunset provision is included.
Subsequent to the recommendation of the LUSC, the item sponsor requested that the ordinance be updated to include South of Fifth Street and Sunset Harbor as applicable areas for the proposed pilot. The draft ordinance has been updated to include these areas.
Since neither of these areas currently allow entertainment, a companion amendment to the Land Development Regulations of the City Code (LDRs) would be required. If there is consensus to include these areas of the City in the proposed pilot, a separate referral to the Planning Board for a corresponding LDR amendment will be required, and would need to be adopted prior to second reading of the attached ordinance.
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| | | | | | | | SUPPORTING SURVEY DATA
| | N/A |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact Expected |
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission discuss and consider the subject ordinance at First Reading. If consensus is reached on the proposal, as well as the areas of applicability, a separate referral of an LDR amendment identifying these areas in Chapter 142 will be required, prior to Second Reading of the attached ordinance. |
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| | | | | | | | | 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 | |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Vice-Mayor Ricky Arriola |
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