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 III, ENTITLED "CITY SPONSORSHIP OF EVENTS," BY AMENDING SECTION 12-6, ENTITLED "DEFINITIONS," TO AMEND THE DEFINITION OF "SPONSORSHIP" AND "SPONSORSHIP CONTRACT"; AND BY AMENDING SECTION 12-9, ENTITLED "SPONSORSHIP TERMS AND CONDITIONS," TO AMEND CERTAIN PROVISIONS APPLICABLE TO CITY SPONSORSHIP OF SPECIAL EVENTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

Administration recommends the adoption of the Ordinance.

BACKGROUND

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.

On February 14, 2018, the Mayor and City Commission adopted Ordinance No 2018-4171, amending Chapter 12 of the City code, entitled "Arts, Culture and Entertainment," to create Article III, entitled "City sponsorship of events," to (i) establish criteria and requirements for approval of City sponsorship for certain events, (ii) establish criteria and requirements for approval of sponsorship requests from advisory boards or advisory committees, and (iii) provide certain minimum terms and conditions for sponsorship contracts.

On June 8, 2018, the City's Finance and Citywide Projects Committee ("Committee") recommended that only those waivers of special event fees valued at $25,000 or greater should require review by the Committee.

This Ordinance, attached as Exhibit A, amends Article III of Chapter 12 of the City Code, in order to provide that the provisions of this Article shall only apply to waivers of special event fees, square footage fees, administrative fees, or user fees, if the aggregate amount of such waivers is equal to or greater than $25,000.

In addition, the Ordinance clarifies that any sponsorship approved pursuant to Article III must be memorialized in a sponsorship contract.

If implemented, the Administration believes these changes will heighten the awareness of how the City is supporting special events and activities for the benefit of City residents and visitors as well as the business community that indirectly benefits from the ancillary commercial activity generated from such events.