Vendor Invasion?

City Begins the Process of Regulating Street Performers and Vendors

By Lee Molloy

Street performers and art vendors may soon have more official locations in which to add personality to the streets and walkways of South Beach.

A proposal has been made by the city of Miami Beach to offer up to 50 extra permits to those who want to sell their homemade bracelets or, well, paint themselves white and stand very still for extended periods of time.

Currently there are only 18 slots available in the prime locations of Ocean Drive and Lincoln Road. However, the plan is to expand these permitted areas and allow more on Collins Avenue, Washington Avenue, in the South of Fifth neighborhood and on the beach walks.

“Ultimately public safety is being guaranteed,” said Assistant City Manager Hilda Fernandez regarding concerns that vendors block pathways, becoming a hazard. The city has identified locations that are not too close to fire hydrants and do not block the sidewalk. Vendors’ tables will also be restricted in size. The plan is to harmonize the appearance of vendors’ tables by controlling the size and color of umbrellas, chairs, table cloths and other visible elements. Additionally, there would be a minimum of two tables together in any one location so that vendors are able to watch each other’s tables when they go on bathroom or coffee breaks.

Once the permits have been approved, the vendor names would be drawn randomly in lottery fashion, determining the order by which applicants would be able to pick their spot. However, Fernandez does not expect all the spots to be allocated. “We really don’t expect 54 at any one time,” she said. Currently, they average 42 requests for vendor permits per cycle.

“I’m not a big fan of cluttering the city with people who are not renting stores,” said Commissioner Saul Gross. “If they’re not selling the things they are making, they don’t belong here.”

After some discussion, it was moved that vendors provide evidence that they make the items they sell, and retain photographs that could be shown to code enforcement officials upon request, or they could lose their permit. However, Commissioner Deede Wiethorn conceded that artists may make unique pieces on the fly or work in different mediums, so the city should be lenient.

Wiethorn had other concerns, however, regarding the potential loss in tax revenue from street vendors. “We need to make sure these people are not unfairly competing with businesses…. We should not reward anyone for not complying with Florida law.”

The commission tried to decide just how many permits and locations to approve. City Attorney Jose Smith told the commissioners “there’s got to be a rational basis” on which to base the number. Ultimately, after some debate regarding the number of spots to allow on the beach walks, Mayor Matti Bower decided, “Let’s do six and see what happens.”

Miami Beach residents may comment on the proposal at the next city commission meeting on Nov. 5 at Miami Beach City Hall.

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