Issue noise waiver and extend alcohol service hours for event

AGENDA ITEM COVER PAGE File ID: #17299 Resolution Sponsored by: Commissioner Christine King A RESOLUTION OF THE MIAMI CITY COMMISSION ISSUING A NOISE WAIVER PURSUANT TO CHAPTER 36/SECTION 36-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "NOISE/OPERATION OF RADIOS, PHONOGRAPHS, OR OTHER SOUND MAKING DEVICES; BANDS, ORCHESTRAS, AND MUSICIANS – GENERALLY; EXEMPTION” AND CHAPTER 36/SECTION 36-5 OF THE CITY CODE, TITLED, “SAME – HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS ON CITY-OWNED PROPERTY; RELAXATION”, AND AN EXTENSION OF ALCOHOL SALES THROUGH 4:00 A.M. PURSUANT TO SECTION 4-3(B) OF THE CITY CODE, TITLED "HOURS DURING WHICH SALES ALLOWED; PERMITS AND PUBLIC HEARING REQUIRED," FOR THE NRD-1 LOCATED IN THE WYNWOOD NEIGHBORHOOD FOR THE FOLLOWING SPECIAL EVENTS: WINTER MUSIC CONFERENCE FROM MARCH 27 THROUGH MARCH 30, 2025; FORMULA 1 GRAND PRIX EVENTS FROM MAY 1 THROUGH MAY 4, 2025; ART BASEL EVENTS FROM DECEMBER 4 THROUGH DECEMBER 7, 2025; AND NEW YEARS EVE HOLIDAY EVENTS FROM DECEMBER 31, 2025, THROUGH THE MORNING OF JANUARY 1, 2026. City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com City of Miami Legislation Resolution File Number: 17299 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION ISSUING A NOISE WAIVER PURSUANT TO CHAPTER 36/SECTION 36-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "NOISE/OPERATION OF RADIOS, PHONOGRAPHS, OR OTHER SOUND MAKING DEVICES; BANDS, ORCHESTRAS, AND MUSICIANS – GENERALLY; EXEMPTION” AND CHAPTER 36/SECTION 36-5 OF THE CITY CODE, TITLED, “SAME – HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS ON CITY-OWNED PROPERTY; RELAXATION”, AND AN EXTENSION OF ALCOHOL SALES THROUGH 4:00 A.M. PURSUANT TO SECTION 4-3(B) OF THE CITY CODE, TITLED "HOURS DURING WHICH SALES ALLOWED; PERMITS AND PUBLIC HEARING REQUIRED," FOR THE NRD-1 LOCATED IN THE WYNWOOD NEIGHBORHOOD FOR THE FOLLOWING SPECIAL EVENTS: WINTER MUSIC CONFERENCE FROM MARCH 27 THROUGH MARCH 30, 2025; FORMULA 1 GRAND PRIX EVENTS FROM MAY 1 THROUGH MAY 4, 2025; ART BASEL EVENTS FROM DECEMBER 4 THROUGH DECEMBER 7, 2025; AND NEW YEARS EVE HOLIDAY EVENTS FROM DECEMBER 31, 2025, THROUGH THE MORNING OF JANUARY 1, 2026. WHEREAS, pursuant to Ordinance No. 14330, adopted on November 11, 2024, the Wynwood NRD-1 is currently under a pilot program that created Sections 36-4(e) and 36-5(d) of the Code of the City of Miami, Florida, as amended (“City Code”); and WHEREAS, this pilot program sunsets on November 21, 2025; and WHEREAS, upon sunsetting, the Wynwood NRD-1 will be subject to the non-Pilot Program Sections of both Sections 36-4 and 36-5 of the City Code; and WHEREAS, Section 36-4(e) of the City Code provides for a pilot program that allows for decibel reading enforcement along with structured times for noise; and WHEREAS, Section 36-4(e)(5) of the City Code provides the City Commission with the authority to declare an exemption to this Section for special occasions on private property; and WHEREAS, Section 36-5(d) of the City Code provides for adecibel reading enforcement along with structured times for noise; and WHEREAS, Section 36-5(d)(4) of the City Code provides the City Commission with the authority to declare an exemption to this Section for special occasions on private property; and WHEREAS, Section 36-5(c) of the City Code provides the City Commission with the authority to declare an exemption to the enforcement of Section 36-5(a); and WHEREAS, Section 36-4(c) of the City Code provides the City Commission with the authority to declare an exemption to the enforcement of Sections 36-4(a) and (b) of the City Code; and WHEREAS, Section 4-1 of the City Code provides that “the City Manager may declare an exemption from the prohibition of consuming alcoholic beverages as stated herein and declare the prohibitions inapplicable on special occasions. Such special occasions shall require a special event permit or temporary use permit, as applicable, with any associated notice and fees that may be required”; and WHERAS, Section 4-3(b) of the City Code provides that “the City Commission may extend the hours of sale for any alcohol service establishment for consumption on or off the premises on special occasions by resolution”; and WHEREAS, the Winter Music Conference, Formula 1 race weekend, Art Basel week, and New Year’s Eve bring thousands of visitors to the City of Miami; and WHEREAS, residents, businesses, and visitors flock to the NRD-1 for events ranging from art exhibits to day festivals to nighttime entertainment in association with these major area special events; and WHEREAS, these special events have a positive impact on our community; and WHEREAS, the events will occur as follows: Winter Music Conference from March 27 through March 30, 2025; Formula 1 Grand Prix Events from May 1 through May 4, 2025; Art Basel Events from December 4 through December 7, 2025; and New Years Eve Holiday Events from December 31, 2025 through the morning of January 1, 2026; and WHEREAS, there can be no open violations on any property that is being used as part of this noise and alcohol waiver;

NOW, THEREFORE,

BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The noise prohibition contained in Sections 36-4(a), (b) and (e) of the City Code is waived pursuant to Sections 36-4(c) and (e)(4) of the City Code for the following special events on the listed dates: a. Winter Music Conference from March 27 through March 30, 2025; b. Formula 1 Grand Prix Events from May 1 through May 4, 2025; c. Art Basel Events from December 4 through December 7, 2025; and d. New Years Eve Holiday Events from December 31, 2025, through the morning of January 1, 2026. Section 3. The noise prohibition contained in Sections 36-5(a) and (d) of the City Code is waived pursuant to Sections 36-5(c) and (e)(4) of the City Code for the following special events on the listed dates: a. Winter Music Conference from March 27 through March 30, 2025; b. Formula 1 Grand Prix Events from May 1 through May 4, 2025; c. Art Basel Events from December through December 7, 2025; and d. New Years Eve Holiday Events from December 31, 2025, through the morning of January 1, 2026. Section 4. Alcohol sales are extended until 4:00 A.M. pursuant to Section 4-1 and 4-3(b) of the City Code for the following special events on the listed dates: a. Winter Music Conference from March 27 through March 30, 2025; b. Formula 1 Grand Prix Events from May 1 through May 4, 2025; c. Art Basel Events from December 4 through December 7, 2025; and d. New Years Eve Holiday Events from December 31, 2025, through the morning of January 1, 2026. Section 5. All other requirements of the City Code, including special event permit requirements, shall be met before this waiver is valid. Section 6. No waiver shall apply to private properties with open violations with the City, whether the case is complied or unpaid. Section 7. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: