SIDEWALK AND STREET VENDORS

Miami City Code ch. 39, art. II

in effect

Miami City Code § 39-26 Definitions.

Sec. 39-26. - Definitions. For the purposes of this article: Business tax receipt (BTR) as defined in Chapter 31 of the City of Miami Code. Civic center special vending district is defined as all public rights-of-way within that area bound by and including both sides of Northwest 12th Avenue on the east, Northwest 14th Street on the north, Northwest 12th Street on the south, and Northwest 14th Avenue on the west. Department of health is defined as the Dade County department of public health. DDA is defined as being the Downtown Development Authority of the City of Miami. Director is defined as the director of the department of resilience and public works. Downtown Miami special vending district is defined as all public rights-of-way within that area generally commensurate with the boundaries of the Miami Downtown Development Authority, but more specifically described as that area bounded on the east by Biscayne Bay, except between Northeast 17th Street and Northeast 24th Street; on the north by the commercial corridors along Biscayne Boulevard from Northeast 17th Street to Northeast 24th Street; on the west by the Florida East Coast Railway from Northwest 17th Street, Northwest Fifth Street, then west along Northwest Fifth Street to Northwest Third Avenue to West Flagler Street, then west along Flagler Street to the Miami River, then east to the Metrorail guideway; and on the south by Southeast 15th Road; but shall exclude the area comprising the Miami Arena Special Vending District. Said district shall be subdivided into three areas for purposes of awarding franchises and setting franchise fees: area A, which shall consist of Flagler Street between Biscayne Bay and the Miami River; area B, which shall consist of Northeast/Northwest First Street and Southeast/Southwest 1st Street between Biscayne Bay and the Miami River; and area C, which shall include those areas north and south of areas B as follows: the northern segment of area C shall consist of that area bounded on the south by Northeast/Northwest Second Street, on the North by Northeast/Northwest 24th Street, on the west by the Miami River and on the east by Biscayne Bay, but shall not include the area comprising the Miami Arena Special Vending District; the southern segment of area C shall consist of that area bounded on the North by Southeast/Southwest Second Street, on the east by Biscayne Bay, on the west by the Miami River and Southwest Third Street, and on the south by Southeast/Southwest 15th Road. Executive director is defined as the executive director of the Downtown Development Authority of the City of Miami. Extended sidewalk is defined as sidewalk either at an intersection or midblock which has been approximately doubled in width to occupy a former parking lane. Flowers, plants and produce means freshly cut flowers and fresh fruits and vegetables but does not include consumable hemp or cannabis products. Food is defined as solid food and beverages allowed to be sold in accordance with this article. Franchise is defined as the exclusive right to vend in a special vending district pursuant to the provisions of sections 39-33, 39-34, and 39-37.1. Franchise document or franchise permit is defined as a document provided by the executive director or director to evidence the right granted pursuant to sections 39-33, 39-34, and 39-37.1 to exclusively vend in a specified vending zone. Franchise period is defined as the time, which shall be one year, (except for the inaugural franchise period for the Biscayne Boulevard special vending district, which shall be until September 30, 2001), a vendor may be granted the franchise for a specific vending zone. Licensee is defined as any person or business entity which has been issued or controls one or more licenses to conduct vending activity in the city. Mobile food dispensing vehicle means any vehicle that is a public food service establishment and that is self-propelled or otherwise movable from place to place and includes self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal or as defined in F.S. § 509.102, as amended. Mobile sales vendor means any person engaged in retail sales from a motor vehicle, other than a mobile food dispensing vehicle, that sells consumer products and is self-propelled or otherwise movable from place to place and includes self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal. Motor vehicle is defined as any vehicle used for the displaying, storing, or transporting of articles offered for sale by a vendor, which is required to be licensed and registered by the department of highway safety and motor vehicles. Open flame is defined as being a heat source which consists of a visible flame or which produces smoke at any time. Open flame cooking is defined as the cooking of food utilizing a heat source which consists of a visible flame or which produces smoke during the cooking process. Person is defined as any natural individual, firm, trust, partnership, association, or corporation, in his/her or its own capacity or as administrator, conservator, executor, trustee, receiver, or other representative appointed by a court. Whenever the word "person" is used in any section of this article prescribing a penalty or fine as applied to partnerships or associations, the word shall include the partners (both general and limited) or members thereof, and such word as applied to corporations shall include the officers, agents, or employees thereof who are responsible for any violation of said section. Planning sticker is defined as the sticker issued by the planning, building and zoning department pursuant to section 39-34(7). Posted notice lottery is defined as a lottery with notice to be given solely by the posting of at least four signs in each of the city's special and restricted zoning districts, with the exception of the arcade and Miami Arena vending districts, at least 30 days prior to the lottery date. Pushcart is defined as a wheeled vehicle propelled solely by a single human. Qualified vendor is defined as any vendor who successfully completes prequalification of his, her or its application for a vending zone; including pushcart certification and proof of all required licenses and permits. Restaurant arcade vending zone is defined as the ground level public right-of-way sidewalk area under a restaurant arcade, and shall include any widened area of such sidewalk which may extend beyond and parallel to the street side of such restaurant arcade. Right-of-way is defined as land dedicated, deeded, used or to be used for a street, alley, walkway, sidewalk, boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain designated individuals of governing bodies. Special vending districts are designated pursuant to the provisions of section 39-33 and 39-35. Stand is defined as any table, showcase, bench, rack, pushcart, or any other wheeled vehicle or device which may be moved without the assistance of a motor and which is not required to be licensed and registered by the department of highway safety and motor vehicles, used for displaying, storing, or transporting of articles offered for sale by a vendor. Stationary vending is defined as any vending from a fixed location using a stand. Street as used herein includes any primary accessway such as a street, road, lane, highway, avenue, boulevard, parkway, circle, court, terrace, place, or cul-de-sac, and also includes all of the land lying between the right-of-way lines as delineated on a plat showing such streets, whether improved or unimproved. Vending is defined as the act of selling, offering for sale, transferring, or offering to transfer food, merchandise or services to another for pecuniary gain including, but not limited to, in a special vending district or vending district. Vending year is defined as the one-year calendar period from October 1 to September 30. Vending zone is defined as a rectangular area within a restricted vending district where vending is permitted pursuant to this article; said vending zone to be delineated by markings on the sidewalk delineating a rectangle within the limits of which a vending pushcart may be placed. Vendor is defined as any person engaged in the selling, or offering for sale, of food, beverages, services, or merchandise on the public streets, or sidewalks from a stand or motor vehicle or from his/her person. Vendor location is defined as a sidewalk area, within a vending zone, which has been selected and identified by the resilience and public works department as the specific vendor site(s) at which all vending in that zone shall occur. Wholesale peddler is defined as any person who sells or offers for sale any goods, wares, or merchandise to any person engaged in the business of selling at retail in the city, or to any person for the purpose of resale within the city, or to any drugstore, soda fountain, restaurant, cafeteria, hotel, club or tearoom within the city, from a wagon, truck, auto, pushcart or by any other means, operating in or upon the streets of the city in other than a licensed place of business. Such term shall not apply to a wholesale automobile accessories dealer. Written matter is defined as newspapers, periodicals, books, pamphlets or other similar written matter. (Ord. No. 9880, § 1, 9-13-84; Ord. No. 10045, § 1, 9-26-85; Ord. No. 10479, § 1, 9-8-88; Ord. No. 10499, § 1, 10-27-88; Ord. No. 10660, § 1, 10-12-89; Ord. No. 10855, § 1, 3-14-91; Ord. No. 10891, § 1, 6-20-91; Ord. No. 11169, § 2, 7-26-94; Ord. No. 11212, § 3(39-11), 1-12-95; Ord. No. 11249, § 2, 4-27-95; Code 1980, § 39-11; Ord. No. 12002, § 2, 12-14-00; Ord. No. 13105, § 2, 10-8-09; Ord. No. 13676, § 2, 4-27-17; Ord. No. 13792, § 1, 10-11-18; Ord. No. 13947, § 2, 12-10-20; Ord. No. 14163, § 2, 4-27-23; Ord. No. 14182, § 2, 6-8-23; Ord. No. 14282, § 2, 5-9-24)

Miami City Code § 39-27 Intent of article.

Sec. 39-27. - Intent of article. The intent of this article is to regulate vending on streets, rights-of-way and publicly owned parking facilities within the corporate limits of the city. (Ord. No. 10891, § 1, 6-20-91; Code 1980, § 39-11.1)

Miami City Code § 39-28 BTR required.

Sec. 39-28. - BTR required. It shall be unlawful to sell, or offer for sale, any food, beverage, service or merchandise on any street, alley, sidewalk, or public park within the city from any wagon, truck, auto, pushcart, vehicle or by any other means upon the streets, sidewalks, or alleys of the city until the proper BTR has been issued by the city manager or designee, at which time a metal or plastic tag shall be furnished, upon which tag shall be the words describing the kind of vendor, and the year for which the BTR is paid. Such tag shall be, at all times during the period for which the BTR is paid, securely affixed and attached in a conspicuous place on the left side and upon the stand, wagon, truck, auto, pushcart, or other vehicle used in the business by the vendor or wholesale peddler. (Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-12; Ord. No. 13105, § 2, 10-8-09; Ord. No. 13745, § 3, 2-22-18)

Miami City Code § 39-29 License not applicable in certain areas of the city during certain time periods.

Sec. 39-29. - License not applicable in certain areas of the city during certain time periods. BTR issued under the provisions of chapter 31 to vendors shall not be applicable within certain areas of the city designated by the city manager during specific time periods designated for authorized special events. The areas so designated shall not encompass more than five percent of the total land area of the city; the total of the time periods so specified shall not exceed 30 days in any fiscal year. (Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-13; Ord. No. 13105, § 2, 10-8-09)

Miami City Code § 39-30 Applications.

Sec. 39-30. - Applications. The BTR required by section 39-28 shall be issued in accordance with chapter 31, of the City Code. The initial application for a vendor's BTR shall include, in addition to the information required in section 31-35: (1) Name, home and business address of the applicant and the name and address of the owner, if other than the applicant, of the vending business, stand, or motor vehicle to be used in the operation of the vending business. (2) A description of the type of food, service, or merchandise to be sold. (3) A description and photograph of any stand or motor vehicle to be used in the operation of the business, including the license and registration number of any motor vehicle used in the operation of the business. Photograph shall be of standard motor vehicle in operational mode. (4) Three two-inch by two-inch prints of a full-face photograph, taken not more than 30 days prior to the date of the application, of any person who will sell, or offer for sale, any food, service, or merchandise on any street or sidewalk within the city. (5) A certificate of inspection, as required by section 39-42. (6) No BTR is allowed for stationary vending in the in the public right-of-way except for applicants who will be operating in a defined special vending district. (Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-14; Ord. No. 13105, § 2, 10-8-09; Ord. No. 14163, § 2, 4-27-23)

Miami City Code § 39-31 Issuance.

Sec. 39-31. - Issuance. Not later than 30 days after the filing of a completed application for a vendor's license, the applicant shall be notified by the city manager or designee for the decision on the issuance or denial of the BTR. Failure of the city manager or designee to place notification of said decision in the mail or personally notify the applicant with acknowledgment shall require immediate issuance of the requested license to the applicant. The resilience and public works director or designee shall consider the standards set forth in sections 39-32 through 39-43, in determining whether to recommend to the city manager or designee that a BTR be issued. If the issuance of the BTR is approved, the city manager or designee shall issue the BTR. If the BTR is denied, the applicant shall be provided with a statement of the reasons therefor, which reasons shall be entered in writing on the application. The applicant shall be entitled to a hearing, pursuant to section 39-46. A BTR issued pursuant to this action is valid for a period as prescribed in section 31-37. (Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-15; Ord. No. 13105, § 2, 10-8-09; Ord. No. 13745, § 3, 2-22-18; Ord. No. 13792, § 1, 10-11-18)

Miami City Code § 39-32 Vending prohibited in certain locations.

Sec. 39-32. - Vending prohibited in certain locations. Vending, but not peddling, is prohibited in the following locations: (1) Within special vending districts except within designated vending zones of said areas. (2) From a public parking lot, metered or unmetered parking space, on-street parking space, or loading zone. (3) Within 500 feet of any property used for school purposes (preschool, elementary, secondary) on all school days between the hours of 7:00 a.m. and 4:30 p.m. [2] (4) On any combination sidewalk and curb width less than six feet in width. (5) Within five feet of the entranceway to any building. (6) Within 100 feet of any driveway entrance to a police or fire station, or within 20 feet of any other driveway. (7) Within 20 feet of any bus stop zone. (8) Within five feet of the pedestrian crosswalk at any intersection, or designated pedestrian crossing point. (9) Within ten feet of any handicapped parking space, or access ramp. (10) Within 20 feet of a sidewalk cafe permitted pursuant to chapter 54 of the City Code. (11) Within the boundaries of the Wynwood Business Improvement District. (12) Within the boundaries of the Coconut Grove Business Improvement District. (13) Within the right-of-way abutting a T3 transect zone. (14) Stationary vending is prohibited on any public right-of-way other than those located and licensed in a defined special vending district, as allowed. (15) Within the right-of-way abutting properties located in the Miami Design District Retail Street Special Area Plan, except when expressly permitted by Appendix F of the Miami 21 Code, including any associated development agreements, and following the issuance of any required permits. (Ord. No. 9880, § 1, 9-13-84; Ord. No. 10045, § 1, 9-26-85; Ord. No. 10499, § 1, 10-27-88; Ord. No. 10660, § 1, 10-12-89; Ord. No. 10891, § 1, 6-20-91; Ord. No. 11212, § 3(39-16), 1-12-95; Code 1980, § 39-16; Ord. No. 13947, § 2, 12-10-20; Ord. No. 14163, § 2, 4-27-23; Ord. No. 14282, § 2, 5-9-24)

Miami City Code § 39-33 Limitations within the Downtown Miami special vending district.

Sec. 39-33. - Limitations within the Downtown Miami special vending district. Vending within the Downtown Miami vending district shall be subject to all generally applicable rules and regulations in this article except as contrarily and specifically provided below: (1) No merchandise shall be vended or displayed other than: a. Prepackaged foods, as defined by 61C-4.009, Florida Administrative Code (1994), as amended, of the snack food type. b. Prepared foods including, but not limited to: ice cream, baked goods, fresh fruit and the like. c. Unprepared foods including, but not limited to: hot dogs, crepes and the like. d. Plants and flowers including, but not limited to: fresh cut or dried flowers or potted plants and the like. (2) Vending of merchandise shall be prohibited from any type of vehicle or stand other than a pushcart of the specific types and construction shown and described on composite "exhibit B," attached to Ordinance No. 11212. Pushcarts satisfying said criteria may be purchased by the DDA utilizing fees collected from vending zone franchises and may be leased to the franchisees at lease rates to be determined by the DDA. Vendors shall not be precluded from using non-DDA provided equipment or pushcarts. However, said materials shall satisfy the above criteria and be inspected and certified by DDA as having complied with this section. (3) No merchandise, supplies, containers or any other items related to the vendor shall be placed anywhere within the public right-of-way other than on or concealed within the pushcart, with the exception of one folding chair or wooden stool of a type approved by the DDA. (4) No vendor or entity shall own, operate, hold or control a local business tax receipt for more than one pushcart in the herein district. (5) Vending zones. a. Assignment of vendors to specific vending zones. 1. Franchise rights. i. Vending in vending zones within the Downtown Miami special vending district shall be the subject of inquiries from duly licensed vendors willing to pay for the franchise right to vend exclusively from a specifically identified vending zone, subject to applicable rules, regulations, ordinances and statutes governing vending. There shall be a monthly franchise fee of $100.00 for area A, $50.00 for area B, and $20.00 for area C. As a condition precedent to the granting of a franchise, the first full monthly payment and any partial month preceding the first full month, pro rated, shall be paid at the time the franchise is granted. Each succeeding monthly payment shall be paid by the franchisee, at the office of the DDA, on the first day of each month (on the following Monday if the first is on weekend, and the next day if the first is on a national holiday which closes City of Miami offices on such Monday). Payments shall be made by cashier's check, bank-certified funds, or money order payable to the City of Miami. Failure to tender required payments on the dates specified shall invalidate said franchise award and vacate the vending zone. b. Location of vending zones. 1. There shall be a maximum of 75 vending zones in this district, with 25 allotted to each of those areas to be known as A, B, and C. Vending zones shall be delineated by the DDA in cooperation with the resilience and public works department based upon the following criteria: i. Vending zones shall be located in areas where the sidewalk width is sufficient to accommodate regular daily peak-hour pedestrian flow plus the six-foot sidewalk width necessary for the vending zone, with a minimum of friction and pedestrian inconvenience. ii. Vending zones shall, whenever possible, be located where the sidewalk and curb have been extended into the street forming a pedestrian peninsula. iii. Along the streets, where the sidewalk does not meet the above criteria, vending zones may be located in areas of the sidewalk constricted in width by existing utility poles, benches, signposts, trees, and similar permanent obstructions. iv. Vending zones shall conform to all limitations listed in section 39-32 except as contravened in this section. v. Vending zones shall be limited to no more than ten percent of the linear frontage of each block. Priority shall be given to qualified areas near street corners and major nonresidential building entrances. Said zones shall have a minimum distance separation from one another of 50 feet. 2. No vending shall be permitted within the Downtown Miami special vending district except within the sidewalk areas specifically designated on the official map attached to Ordinance No. 11212 as composite "Exhibit A." Said vending maps, as amended, shall be the official vending zone locator for this district and shall be kept in the office of the city clerk with certified copies being furnished to the executive director, the director, and the city manager's office or its designated city department. 3. Substitute locations amending said map may be considered and approved by the executive director on a case-by-case basis if such locations are in compliance with all the provisions of this article and other applicable regulations. The revised location map shall be immediately filed with the city clerk and copies sent to the director and the city manager's office or its designated city department. 4. Vending zones may also be eliminated. 5. Eliminations or substitutions shall be based on findings by the executive director or director that such action is warranted on health and safety grounds, or necessitated by rights-of-way improvement or private or public construction activity. c. Lottery. 1. The DDA shall establish and the executive director shall supervise a lottery system whereby those persons possessing, as conditions precedent to participating in the lottery, valid and appropriate state licenses (upon required inspections, from the state department of business and professional regulation for the sale of prepared food, and/or the state department of agriculture for the sale of prepackaged food, or their successor agencies), an local business tax receipt, appropriate state and local sales tax certificates and DDA pushcart certification shall be publicly chosen by chance for vending zones in this district. The executive director, the city manager's office or its designated city department shall assign each vending zone a number corresponding to a location on the appropriate vending map. All qualified vendors shall have their names placed into containers for a public drawing by the executive director or his or her designee to determine which location shall serve as the vending zone for each vendor for the franchise period. At the conclusion of the franchise period all franchise rights shall end and all franchises shall be subject to a new lottery. 2. The DDA is authorized and directed to annually issue a "Notice of Street Vending Franchise Opportunities in Downtown Miami." Said notice for each franchise period shall be publicly advertised in a newspaper of general circulation approximately 60 days prior to each franchise period and shall indicate the pending availability of exclusive vending zones in the district, and the terms of such availability, including the date, place and time of the lottery. Notices as for a posted notice lottery may also be given, but shall be considered courtesy notice only. 3. Utilizing the standards and criteria set forth in this article, the DDA may promulgate such reasonable supplementary rules, regulations and/or procedures as are necessary to implement and effectuate the herein lottery and vending zone assignment process, which shall include participation by a representative of the Downtown Miami Partnership. Said supplementary rules, regulations and procedures shall be filed with the city clerk, and also made available at the DDA and the city manager's office or its designated city department. 4. For vending zones which may become available during the franchise period due to vacancy, abandonment or executive director's or director's action, the executive director may specify the date, time and place for the holding of a special lottery for such designated vending zone(s), and shall publicly advertise said information as for a posted notice lottery. 5. All franchise documents are nontransferable. Sale of a majority of stock in a corporate franchise by stockholders listed on the franchise application or sale of a majority interest in a partnership as listed on the franchise application shall be deemed a transfer of the franchise, which is prohibited. The franchise document shall be in the possession of the vendor and immediately accessible at all times, and shall be displayed to a police officer or code enforcement officer upon request. Failure to immediately provide this document, along with a valid local business tax receipt, the pushcart certification required by subsection (2) of this section, sales tax certificate(s) required by subsection (16) of this section, and appropriate current state inspection license(s) shall be grounds for immediate removal of the pushcart from the vending zone and district, suspension of the franchise and initiation of local business tax receipt and franchise revocation proceedings by the executive director or city manager's office or its designated city department. 6. Franchises awarded pursuant to this section shall be subject to section 39-29. Furthermore, the award of a franchise pursuant to this section does not grant or infer vested rights to the use of the public rights-of-way by the franchisee. 7. Any vending zone or franchise document issued pursuant to this section shall be subject to modification by ordinance at any time deemed necessary by the city commission. Vending in any vending zone may be temporarily suspended or relocated by the director upon reasonable notice when private or public construction or activities or health and safety concerns of the director make it unsafe or impractical to allow vending in that vending zone. Such suspension(s) which last for a continuous or cumulative period in excess of five days of a franchise period shall result in a pro rata refund of the lottery franchise fee paid by the franchisee who is the subject of such suspension. No other payments or compensation shall be owed by the city or due the franchisee as a result of such suspension(s). A vendor so dispossessed may, if possible, be offered a substitute vending zone by the executive director without the necessity of lottery proceedings. Said new location shall be valid for the balance of the time remaining on the vendor's franchise document for that franchise period, or until the vendor's original franchise is again available, whichever date or event occurs first. If a substitute location is accepted by the vendor the refund shall be only for the actual days of suspended operation, and shall not include the assigned day(s) of operation in the substitute location. 8. Vending activity voluntarily terminated, or suspended or revoked due to unauthorized absence or other violations of this article or otherwise violating the Code of the City of Miami, Dade County or general law shall not be the basis for any pro rata refund of a franchise fee. Revocation of franchise documents based on voluntary termination, unauthorized absences or violations shall result in a forfeiture of the entire franchise fee. d. Limitations within vending zones. 1. There shall be no more than one vendor permitted to operate within each vending zone. 2. Each vendor shall be permitted to operate within only one vending zone. 3. Each vending zone shall approximate the size of the specific pushcart permitted within said vending zone and shall be clearly marked on the sidewalk. 4. Vending pushcarts shall be, at all times, positioned so that their longest side is parallel to the street curb. e. All participants in lottery proceedings pursuant to this section shall submit, as a condition precedent to participating, a copy of an appropriate valid local business tax receipt, certification from the DDA that the pushcart which is to be used in this district has been issued a document evidencing compliance pursuant to subsection (2) of this section, sales tax certification pursuant to subsection (16) of this section and the appropriate state license pursuant to subsection (20) of this section. f. Unauthorized absence from a designated vending zone shall constitute a basis for suspension and revocation of a franchise document. Upon certification by the executive director or the city manager's office or its designated city department that a vending zone has been unoccupied for a continuous period of 15 days for reasons other than those mentioned in subsection (5)c.5 of this section or section 39-29, the executive director or city manager's office or its designated city department shall notify the vendor of the intent to revoke the vendor's franchise unless clear evidence of vending activity during the 15-day period in question is provided to the executive director or city manager's office or its designated city department. Subsequent to ten-day notice mailed by certified mail to the address shown on the vendor's lottery application form, the executive director shall conduct a hearing and may revoke the vending franchise and reward the franchise to a different vendor, pursuant to a posted notice lottery, for the balance of that franchise period. The vendor subject to such revocation may appeal said decision in the same manner provided in section 54-230. An appeal shall not stay an order banishing a pushcart or franchisee. g. Any franchisee incurring three written notices of violation of this article within a two-year period shall be the subject of the following franchise revocation proceedings: 1. When violations occur, the franchisee shall be notified by the executive director, his/her designee, or the city manager's office or its designated city department in person or via certified mail. The first violation notice or citation shall be a reprimand; the second violation notice or citation shall be a warning; the third violation notice or citation shall result in an automatic revocation of franchise document, immediate removal of the franchisee's pushcart from the district, and banishment of the violator from the district for a period of one calendar year. 2. Revocations may be appealed in the same manner provided in section 54-230. An appeal shall not stay an order to remove a pushcart or banish a franchisee from the district. h. A franchisee may voluntarily relinquish a franchise through written, notarized notification to the executive director, specifying an effective date. On said date the subject vending zone shall be automatically reclassified as vacant, and subject to reassignment in a special lottery. The relinquishing franchisee shall be ineligible to participate in any lottery in that specific special vending district for the balance of that franchise period. (6) All goods for sale other than those on display must be stored within the structure of the pushcart and shall not be visible to the general public. (7) It shall be unlawful for any vendor to use any noise making device to solicit customers. (8) Pushcarts shall not be chained or otherwise affixed to trees, lightpoles, sign stanchions or any other object in the right-of-way. (9) Pushcarts shall be required to be in their vending zone between the hours of 9:00 a.m. and 6:00 p.m. on a weekday and between the hours of 10:00 a.m. and 6:00 p.m. on a Saturday or Sunday. (10) Vending shall be prohibited within eight feet of the entranceway to any building, and within 50 feet of the entranceway to any church, synagogue or other place of worship. (11) No open flame cooking shall be permitted. (12) Vending zones shall not be occupied exclusively by a selected vendor pursuant to this section until July 1, 1995. Said date shall initiate the inaugural franchise period for the Downtown Miami special vending district. (13) Fees collected under this subsection are for franchises granted for the exclusive right to use a portion of the public right-of-way, and are in addition to other permit fees and local business taxes imposed by law. (14) All franchise fees collected pursuant to this section shall be placed in a special account established for the Downtown Miami special vending district by the City of Miami's director of finance, and shall be utilized exclusively by the executive director, upon approval of the DDA board of directors, for the administration of this district, its management services and purchase or replacement of pushcarts and/or related equipment. (15) The executive director shall design and distribute to those awarded a vending zone a franchise document identifying the person or entity chosen by lottery, the specific location where said person or entity is to be allowed to vend exclusively during the vending period, and the duration of such entitlement. (16) Except as otherwise provided in this section all franchise documents issued for vending activity within the district shall be valid for a period of one year or, in the case of special lottery franchisees, the balance of the franchise period. Prior to the expiration date (September 30 of each year), vending zones shall once again be awarded pursuant to the lottery requirements of this section. The reallocation and assignment of vending zones shall become effective on October 1 of each year and no vendor shall be allowed to occupy the same vending zone for two consecutive franchise periods. (17) All franchise documents issued for vending activity in this district shall only be valid during one franchise period, and shall expire on the expiration date shown on the franchise document and records of the executive director. Upon such expiration the vendor's exclusive right to such vending zone shall terminate, and vending rotation rights shall once again be awarded pursuant to the lottery procedures of this section. (18) Liability and insurance. a. Prior to the issuance of a franchise document, the vendor shall furnish the executive director with a signed statement that said vendor shall hold harmless and indemnify the city and DDA and their officers and employees for any claims for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the franchise document and associated local business tax receipt. b. Prior to the issuance of a franchise document, said vendor shall also furnish proof of and maintain such public liability and property damage from all claims and damage to property or bodily injury, including death, which may arise from or in connection with operations under the franchise document and associated local business tax receipt. Such insurance shall provide coverage of not less than $500,000.00 for bodily injury, and property damage respectively per occurrence. Such insurance shall be without prejudice to coverage otherwise existing and shall name as additional insured the city and DDA and their officers and employees, and shall further provide that the policy shall not terminate or be canceled for any reason, prior to the completion of the franchise period without 45 days' written notice to the risk management division of the department of fire-rescue or its successor, the executive director and the director of resilience and public works of the city at the addresses shown in the franchise document. (19) Sales tax certification. Prior to the issuance of a franchise document, the vendor shall also furnish original evidence of a valid certificate of resale or equivalent document from the Florida Department of Revenue and Metropolitan Dade County, if applicable, evidencing that the vendor and the specific vending activity authorized by said franchise document have been permitted by said tax collection entities to the extent mandated by law. Franchisee(s) shall furnish upon demand, evidence that the herein requested certificate of resale or equivalent document is current. Failure to maintain said certification shall constitute a basis for suspension and/or revocation of a franchise document. (20) State license inspection and certification. Prior to issuance of a franchise document, the vendor shall also furnish original evidence of a valid license issued, upon inspection, by the state department of business and professional regulation (for vending prepared food, as defined by state regulations) and/or the state department of agriculture (for vending prepackaged food, as defined by state regulations). (Ord. No. 9880, § 1, 9-13-84; Ord. No. 10479, § 1, 9-8-88; Ord. No. 10633, § 1, 9-14-89; Ord. No. 10805, § 1, 10-25-90; Ord. No. 10891, § 1, 6-20-91; Ord. No. 11212, § 3(39-17), 1-12-95; Ord. No. 11249, § 2, 4-27-95; Code 1980, § 39-17; Ord. No. 11288, § 2, 7-13-95; Ord. No. 12885, § 1, 2-8-07; Ord. No. 13676, § 2, 4-27-17; Ord. No. 13792, § 1, 10-11-18; Ord. No. 14138, § 12, 2-9-23)

Miami City Code § 39-34 Reserved.

Miami City Code § 39-35 Limitations within the Civic Center special vending district.

Sec. 39-35. - Limitations within the Civic Center special vending district. Vending within the Civic Center special vending district shall be subject to all rules and regulations in this article, including section 39-33, except as contrarily and specifically provided below: (1) No merchandise shall be vended or displayed other than food and fresh cut flowers. (2) No licensee shall operate or hold an occupational license for more than one pushcart in the herein regulated district. (3) Vending zones. a. Location of vending zones. Vending shall be prohibited in the Civic Center special vending district except within the sidewalk areas generally designated on the graphic attached hereto as "attachment A," which is not reproduced herein. The specific vending locations shall be the responsibility of the department of resilience and public works using the standards and criteria contained in this article. Vending zones and vendor locations may be deleted by the director of the department of resilience and public works upon a finding that the existence of such zone or location creates an obstruction to pedestrian or vehicular traffic or otherwise creates a threat to the public health, safety, or general welfare. Additional locations may be approved by the director of the department of resilience and public works upon a finding that such vending location is in a generally designated area, and otherwise satisfies all provisions of this article and other applicable regulations. b. Limitations within vending zones. 1. There shall be no more than one vendor permitted to operate from each vending location and such vendor may not move from location to location on the same day. 2. Each vending location shall approximate the size of one permitted pushcart and shall be clearly marked on the sidewalk by the department of resilience and public works. 3. All vending locations shall be spaced a distance of not less than 50 feet from any other vending location. (4) All goods for sale other than those on display must be stored within the structure of the pushcart and shall not be visible to the general public. (5) It shall be unlawful for any vendor to use any noise-making device to solicit customers. (6) Vending pushcarts may not be chained or otherwise affixed to trees, light poles, sign stanchions or other stationary entities on the sidewalk. (7) Vending is prohibited within the herein vending district between the hours of 7:00 p.m. to 7:00 a.m., and pushcarts shall not be located in this district during these hours. (8) Open flame cooking shall not be permitted. (Ord. No. 10660, § 1, 10-12-89; Code 1980, § 39-17.2; Ord. No. 13792, § 1, 10-11-18)

Miami City Code § 39-38 Prohibited conduct.

Sec. 39-38. - Prohibited conduct. No vendor shall: (1) Leave any stand or motor vehicle unattended. (2) Store, park, or leave any stand overnight on any street or sidewalk, or park any motor vehicle other than in a lawful parking space, in conformance with city and state parking regulations. (3) Sell food for immediate consumption unless he/she has available for public use his/her own litter receptacle, which is available for his/her patrons' use. (4) Allow or keep any animals in motor vehicles or stands. (5) Leave any location or vending zone without first picking up, removing, and disposing of all trash and refuse remaining within a 15-foot radius. Each vendor shall be responsible for maintaining a 15-foot radius trash and refuse clear area around himself/herself. Said area shall overlap other vendor cleanup areas and no vendor shall leave a location, or vending zone, without cleaning up as required. (6) Allow any items relating to the operating of the vending business to be placed anywhere other than in, on, or under the stand or motor vehicle. (7) Set up, maintain, or permit the use of any table, crate, carton, rack, or any other device to increase the selling or displaying capacity of his/her stand, or motor vehicle, where such items have not been described in his/her application. (8) Solicit or conduct business with persons in motor vehicles located on traffic lanes of public streets and highways. (9) Sell anything other than that for which he/she is licensed to vend. (10) Use any noise-making device after 9:00 p.m., except during special events, and at no time shall such a vendor use his/her traffic warning device on any vehicle, except to give necessary signals while in traffic. It shall be unlawful for any vendor to use any noise-making device that either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others within the city. Any vendor who violates this section shall upon written notice from the city manager or his/her authorized representative remove said noise-making device from the vehicle or reduce the volume of such noise-making device so that the same shall not be in violation of this section. Failure to comply with such notice shall subject such a vendor to the penalties as set forth in section 39-50. (11) Allow the stand or any other item relating to the operation of the vending business to lean against or hang from any building or other structure lawfully placed on public property. (12) Allow any animals to remain within 25 feet of a stand for a period longer than necessary to complete a sale to the person having possession, or control of said animals. (13) No vendor or mobile sales vendor vending from a motor vehicle shall: a. Conduct his/her business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant, or create or become a public nuisance, increase traffic congestion or delay, or constitute a hazard to traffic, life or property, or an obstruction to adequate access to fire, police or sanitation vehicles. b. Stop, stand, or park his/her motor vehicle upon any street, or permit it to remain there except on the roadway at the curb for the purposes of vending therefrom or in instances where there is no curb, off the roadway. In either instance, sales shall be to occupants of abutting property only. c. Stop, stand, or park his/her motor vehicle upon any street for the purpose of selling, or sell on any street under any circumstances during the hours when parking, stopping or standing has been prohibited by signs or curb markings or is prohibited by statute or ordinance. d. Remain in any one place for a period longer than necessary to make a sale after having been approached or stopped for that purpose. e. Stop, stand, or park his/her motor vehicle within 20 feet of any intersection, except that vehicles vending products likely to attract children as customers shall park curbside when stopping to make a sale, as close as possible to a pedestrian crosswalk without entering the intersection or otherwise interfering with the flow of traffic. f. Vend within a restricted or special vending district. g. Vend anywhere prohibited by subsections 39-32(2) through (9) or engage in right-of-way stationary vending anywhere in the city other than a special vending district under the applicable special vending district requirements. h. Vend any product other than flowers, plants, or produce. (Ord. No. 9880, § 1, 9-13-84; Ord. No. 10045, § 1, 9-26-85; Ord. No. 10499, § 1, 10-27-88; Code 1980, § 39-18; Ord. No. 13676, § 2, 4-27-17; Ord. No. 14163, § 2, 4-27-23; Ord. No. 14182, § 2, 6-8-23)

Miami City Code § 39-39 Open flame cooking.

Sec. 39-39. - Open flame cooking. Open flame cooking is prohibited; except that such activity may take place as an integral part of a public assembly as permitted by the fire-rescue department, or in conjunction with the street festival, as approved by city commission resolution. The permitted public assembly or street festival exception shall be subject to the festival organizers obtaining permits from the fire-rescue department and such other departments or agencies as may be required by law. (Ord. No. 10869, § 2, 4-11-91; Ord. No. 10891, § 1, 6-20-91; Code 1980, § 39-18.1)

Miami City Code § 39-40 Open flame use.

Sec. 39-40. - Open flame use. Open flame use is prohibited; except that such activity may take place as an integral part of a public assembly as permitted by the fire-rescue department, or in conjunction with a street festival, as approved by city commission resolution. The permitted public assembly or street festival exception shall be subject to the festival organizers obtaining permits from the fire-rescue department and such other departments or agencies as may be required by law. (Ord. No. 10891, § 1, 6-20-91; Code 1980, § 39-18.2)

Miami City Code § 39-41 Size requirements for vending stands.

Sec. 39-41. - Size requirements for vending stands. No stand shall exceed three feet in width and six feet in length and five feet in height exclusive of the height of umbrellas, canopies, and similar devices, except that stands within the Downtown Miami special vending district shall not exceed three and one-half feet in width. Canopies and umbrellas shall have a minimum seven-foot clearance above ground level. (Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-19; Ord. No. 13947, § 2, 12-10-20)

Miami City Code § 39-42 Health and sanitation requirements for food vending.

Sec. 39-42. - Health and sanitation requirements for food vending. Vendors of food shall comply with the requirements and standards of the department of health and the following: (1) The equipment used in vending food shall be inspected by department of health upon application for a license and receive a certificate of inspection upon compliance with this section. (2) Each food vending business shall be so inspected at least twice a year. (Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-20)

Miami City Code § 39-43 Safety requirements.

Sec. 39-43. - Safety requirements. All motor vehicles in or from which food is prepared or sold shall comply with the following requirements: (1) All equipment installed in any part of the vehicle shall be secured in order to prevent movement during transit and to prevent detachment in the event of a collision or overturn. (2) All utensils shall be stored in order to prevent their being hurled about in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives. Any glass must be safety plate clearly identified by its manufacturer as such. (3) Compressors, auxiliary engines, generators, batteries, battery chargers, gas-fueled water heaters, and similar equipment shall be installed so as to be accessible only from outside the vehicle. (4) All heated stands shall have an easily accessible fire extinguisher with a valid inspection sticker. (Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-21)

Miami City Code § 39-44 Advertising.

Sec. 39-44. - Advertising. No advertising, except the posting of prices, shall be permitted on or attached to any stand or motor vehicle, except to identify the name of the product. This section does not prohibit the use of umbrellas bearing logos of products sold at the stand or motor vehicle to which it is attached. (Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-22)

Miami City Code § 39-45 Renewal.

Sec. 39-45. - Renewal. Subject to the provisions of section 39-29, all licenses are valid for the entire licensing period unless revoked or suspended prior to expiration. Application to renew a BTR shall be made not later than 30 days before the expiration of the current BTR in accordance. (Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-23; Ord. No. 13105, § 2, 10-8-09)

Miami City Code § 39-46 Denial, suspension, revocation.

Sec. 39-46. - Denial, suspension, revocation. Any license or permit may be denied, suspended or revoked in accordance with the procedures contained in chapter 31 for any of the causes set forth in said chapter 31 in addition to the following causes: (1) Fraud or misrepresentation contained in the application for the BTR or permit. (2) Fraud or misrepresentation made in the course of carrying on the business of vending. (3) Carrying or possessing dangerous weapon. (4) Conduct of the BTR holder permitted business in such manner as to create a public nuisance, or constitute a danger to the public health, safety, welfare or morals. (5) Conduct which is contrary to the provisions of this article. (6) Right-of-way stationary vending in an area other than a defined special vending district, as allowed. Continued operation following denial, suspension or revocation shall not be allowed. (Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-24; Ord. No. 13105, § 2, 10-8-09; Ord. No. 14163, § 2, 4-27-23)

Miami City Code § 39-47 Notice on premises that uninvited vendors, solicitors, peddlers, etc., are not wanted.

Sec. 39-47. - Notice on premises that uninvited vendors, solicitors, peddlers, etc., are not wanted. (a) It shall be the duty of the person in possession of any premises who desires that the occupants of the premises remain unmolested by the visits of uninvited solicitors, peddlers, vendors, itinerant merchants, door-to-door canvassers or hawkers to post in a conspicuous place near the door or on the premises a sign in letters at least one and one-half inches high with the words "no peddlers," "no solicitors," "no trespassing" or otherwise signifying externally the wish for the occupants of the premises to remain unmolested by such visitors. (b) It shall be unlawful for any uninvited solicitors, peddlers, vendors, itinerant merchants, door-to-door canvassers or hawkers to visit or go upon any premises which have been posted with a notice as prescribed in this section, to the effect that the person in possession or the occupants of the premises desire to remain unmolested. (Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-25)

Miami City Code § 39-48 Exemptions as to farm products.

Sec. 39-48. - Exemptions as to farm products. (a) Nothing contained in sections 39-28 or 39-32(3) shall be construed to affect or apply to the producer of farm or grove products where the same are being offered for sale or sold by the farmer or grower producing such products. (b) The farmer or grower offering for sale or selling in the city the farm or grove products produced by such farmer or grower shall furnish satisfactory evidence that such products being sold or offered for sale have been grown by him/her. (c) The members of the police department, as well as the license inspectors, are authorized and directed to obtain affidavits or written statements from such grower or producer of the farm or grove products when the same are being offered for sale or sold by him/her in the city, such affidavit or written statement showing and stating that the farm or grove products have been grown by such farmer or grower. (Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-26; Ord. No. 13676, § 2, 4-27-17)

Miami City Code § 39-49 Exemptions for vendors who exclusively vend written matter.

Sec. 39-49. - Exemptions for vendors who exclusively vend written matter. Vendors who exclusively vend written matter are exempt from the following provisions of this article: sections 39-28 through 39-33, 39-38(1) and (2), 39-38(11), and 39-41. (Ord. No. 10045, § 1, 9-26-85; Code 1980, § 39-26.1)

Miami City Code § 39-50 Penalty.

Sec. 39-50. - Penalty. Except as may be provided in section 39-51, any person violating any provision of this article shall be punished as provided in section 1-13, or pursuant to chapter 2, article X of the City Code. These penalties shall not preclude any other remedies available at law or in equity, including, injunctive relief in the circuit court. (Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-27; Ord. No. 14182, § 2, 6-8-23)

Miami City Code § 39-51 Violation a nuisance; summary abatement.

Sec. 39-51. - Violation a nuisance; summary abatement. (a) The placement of any stand or device on any sidewalk or street in violation of the provisions of this article is declared to be a public nuisance. The police department may cause the removal of any stand or device found on a sidewalk or street in violation of this article and is authorized to store such stand or device until the owner thereof shall redeem it by paying the removal and storage charges therefor to be established by the police department. (b) Any motor vehicle operated by a mobile sales vendor in violation of this article may be seized and impounded by the city. The motor vehicle will be returned to the mobile sales vendor after any towing and storage fees have been satisfied. (Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-27.1; Ord. No. 14182, § 2, 6-8-23)

Miami City Code § 39-52 Enforcement of article.

Sec. 39-52. - Enforcement of article. (a) It shall be the duty of the members of the police department, BTR inspectors, and code inspectors of the city, to enforce the terms and conditions of this article, and if any person is found violating the provisions of this article to arrest such person and hold such violator for proper legal action in the county court or cite such person for appearance before, and action by, the city's code enforcement board. (b) All issued BTRs being misused for stationary vending in the right-of-way prior to the adoption of Ordinance [14163] are revoked unless issued for an area located in a defined special vending district in compliance with the applicable requirements of the defined special vending district. This does not include BTRs issued to peddlers. (Ord. No. 9880, § 1, 9-13-84; Code 1980, § 39-27.2; Ord. No. 13105, § 2, 10-8-09; Ord. No. 14163, § 2, 4-27-23)

Source: City of Miami, Florida, City Code, City Charter, Special Acts and Related General Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH39PEITVE_ARTIISISTVEFetched: 11/1/2026