FR.1 - Establish Farmers Market Approval Process
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AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION / USE REGULATIONS," BY AMENDING SECTION 38-65, TITLED "PEDDLING, VENDING AND MERCHANDISING," MORE SPECIFICALLY, ESTABLISHING A PARK USE APPROVAL PROCESS FOR THE OPERATION OF FARMERS' MARKETS IN CITY OF MIAMI PARKS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
September 24, 2026
Sponsors
District Two Damian Pardo
District Three Rolando Escalona
District Four Ralph "Rafael" Rosado
District Five Christine King
Commissioner
Department: Department of Parks and Recreation
Category: Other
WHEREAS, the City of Miami ("City") enacted Ordinance No. 13311 on February 23, 2012, establishing, among other things, a pilot program for the permitting of Farmers' Markets throughout the City; and
WHEREAS, upon successful completion of the pilot program, the City enacted Ordinance No. 13508 on March 26, 2015, establishing the Farmers' Market Program as a permanent program of the City; and
WHEREAS, Section 38-65 of the City Code prohibits the sale, rental, or exchange of any article or service, and the placement of any stand, cart, or vehicle for the transportation, sale, or display of merchandise, within any City park, except pursuant to a concession agreement approved by the City; and
WHEREAS, Farmers' Markets differ fundamentally in character and purpose from traditional commercial concession operations, serving as community-oriented venues for local agricultural producers and small businesses to offer fresh produce, artisan goods, and related products directly to the public; and
WHEREAS, Farmers' Markets in City parks contribute to the public health, welfare, and economic vitality of City residents by increasing access to fresh and locally grown food, supporting local agricultural economies, and fostering community engagement; and
WHEREAS, the City now desires to establish a clear and workable approval process for the operation of Farmers' Markets within City parks, subject to the permitting requirements set forth in Section 62-622 of the City Code;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 38/Article II, of the Code of the City of Miami, Florida, as amended, is further amended in the following particulars:
"CHAPTER 38
PARKS AND RECREATION
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ARTICLE II. USE REGULATIONS
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Sec. 38-65. - Peddling, vending and merchandising.
(a) Prohibitions:No person, organization or firm, other than the parks and recreation department, or duly authorized concessionaires, shall expose or offer for sale, rent, or trade, any article or service, or station or place any stand, cart or vehicle for the transportation, sale or display of any merchandise, within the limits of any park.
(b) Grant of concession privilege:
(1) The city may authorize concessions in city parks by means of contractual agreement(s) or concession permit(s). Wherever practicable, and unless otherwise provided herein, concession privileges shall be granted by the city manager to particular vendors on the basis of a request for proposals, competitive bid or other competitive method.
(2) Contractual agreements shall be executed to affect day-to-day, weekly, and/or other concession privileges of a regular, ongoing or continuous nature to private, for-profit, and/or commercial operators. Permits shall be issued to affect concession privileges for either programs of nonprofit organizations, under the conditions prescribed herein, or for special events. "Nonprofit concession permits" may be issued for a maximum term of one year by the parks and recreation department director or designee for such privileges granted to qualified nonprofit organizations only in connection with regular ongoing weekly programs operated in city parks by said organizations for youth, elderly or disabled persons. "Special event concession permits" may be issued by the director or his/her designee for such privileges granted only in connection with special events, activities and/or programs of limited duration, not to exceed ten days' total operation. The form of all permits shall have the prior review and approval of the city attorney.
(3) Nonprofit concession privileges shall be of a limited and nonexclusive nature. Said privileges may be granted by permit issued by the director to such nonprofit organizations as are deemed qualified and which provide and operate ongoing weekly programs in city parks, pursuant to the promulgated rules and procedures for same. Said privileges are to be granted for the sole purpose of affording said nonprofit organizations a means of raising funds for eligible programs. Eligible programs shall be identified as and limited to those which principally serve youth, elderly and/or disabled persons as program participants.
(4) Special event concession permits may be issued directly to vendors authorized to operate in a park in connection with said event, or may be issued to the sponsor(s) or organizer(s) of a given event or activity, who may in turn subcontract to licensed vendors. Where subconcessionaires are allowed, the city's rights and responsibilities shall remain in full force and effect.
(c) Limitations to concession privilege:
(1) Concessionaires and/or subconcessionaires shall be properly licensed and shall comply with all applicable laws, ordinances, regulations, and/or administrative directives governing their specific operations, sales, rentals and/or trades. No privilege granted pursuant to the authority of this section shall infringe upon the rights or privileges of existing authorized concessionaires, if any.
(2) The director of the parks and recreation department or designated selection committee shall have the authority to review all list(s) of items for sale, rent and/or trade and to deny concession privileges for any item(s) deemed inappropriate for a city park.
(3) No event sponsor or organizer shall be issued more than three special event concession permits in a calendar year. Nonprofit concession permits may be issued for a maximum term of one year and shall be subject to annual review and reissuance by the parks and recreation department director.
(4) The parks and recreation department director shall establish the rules, regulations and procedures for special event and nonprofit concession permits, subject to the review and approval of the city manager and city attorney, at least on an annual basis. All concessionaires shall be required to indemnify and hold harmless the city, its agents, officers and employees, and to provide and maintain liability insurance in a form and in amounts acceptable to the city's risk management division or its successor.
(d) Fees and compensation:Concession fees and compensation shall not be the subject of waiver by the city commission or the city manager or designee thereof. Concessionaire(s) shall remit to the city a given fee and/or percentage of revenue accrued as a result of the privilege granted. The amount of the fee or percentage shall be as established as a result of the request for proposal, bid or competitive process, if such process is required, or for special events and nonprofit concession permits, by the current schedule of concession fees and compensation which shall be established by the city manager by January 1, 1997. Thereafter, the city manager shall annually revise and adjust such schedule of concession fees and compensation prior to the first day of September, and such revised schedule shall become effective the first day of October. In reviewing the existing schedule of concession fees and compensation to determine whether or not to revise and adjust the same, the city manager shall take into consideration any one, or all of the following criteria: (i) city financial needs; (ii) operating expenses; (iii) market conditions; (iv) purpose and type of event(s) or program(s) conducted in connection with the concession, including benefits to the community; (v) estimated revenues to be generated; (vi) and/or other factors deemed appropriate by the city manager. At any time, if the city manager determines that the current schedule of concession fees and compensation does not properly address a particular type of special event or social function, the city manager shall be authorized to negotiate the concession fee and compensation, in the case of specific event or function, or establish a concession fee and compensation, in the case of a type of event or function which is likely to reoccur.
(e) Farmers’ markets:
(1) Notwithstanding subsection (a), a Farmers' Market, as defined in Section 62-622, may be operated within a City park subject to the requirements of this subsection. A park use approval issued for Farmers’ Markets under this subsection shall not be subject to the competitive bidding requirements of subsection (b)(1) and shall not constitute a special event concession permit or nonprofit concession permit under subsection (b)(2) and (b)(3). Nothing herein shall be construed to waive or supersede the permitting requirements of Section 62-622.
(2)Prior to operating a Farmers' Market in a City park, the person or entity responsible for organizing, managing, and operating the Farmers' Market must obtain park use approval from the Parks and Recreation Department Director or designee, in addition to any permit required under Section 62-622. An application shall be submitted to the Director or designee in a form provided by the Director at least forty-five (45)calendar days prior to the proposed commencement of the subject Farmers' Market, containing such information as the Director may require, and subject to compliance with and evidence of insurance and indemnification coverage consistent with subsection (c)(4) of this section. No park use approval shall be granted for a location or time that conflicts with the scheduled use and programming of the park. In evaluating applications, the Director or designee shall consider whether the site plan adequately protects park facilities, green space, and public access; and whether the applicant has demonstrated the ability to restore the park to its prior condition following each market event. Any park use approval granted hereunder shall not be transferable and shall not exceed a period of six (6) months.
(3) The City Manager is authorized to and shall establish the schedule of fees for Farmers' Markets in City parks from time to time upon consideration of any one, or all of the following criteria: (i) City financial needs; (ii) operating expenses; (iii) market conditions; (iv) the purpose and community benefit of the Farmers' Market; (v) estimated revenues to be generated; and/or (vi) other factors deemed appropriate by the City Manager.Thereafter, the City Manager may revise and adjust such schedule of fees and compensation, as necessary, pursuant to the aforementioned criteria. Such fees are separate from and in addition to any fees required under Section 62-622.
(4) The Director or designee may impose reasonable conditions on a park use approval to protect park facilities, ensure public access, and minimize disruption to other park users. The Director or designee is authorized to promulgate rules and regulations to implement this subsection, subject to review and approval of the City Manager and City Attorney. The Director or designee may suspend or revoke a park use approval for violation of any condition of approval, applicable law, or upon revocation of the associated permit under Section 62-622. Any park use approval granted hereunder shall be pursuant to such park permit or other agreement in a form acceptable to the City Attorney.
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Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.
WHEREAS, upon successful completion of the pilot program, the City enacted Ordinance No. 13508 on March 26, 2015, establishing the Farmers' Market Program as a permanent program of the City; and
WHEREAS, Section 38-65 of the City Code prohibits the sale, rental, or exchange of any article or service, and the placement of any stand, cart, or vehicle for the transportation, sale, or display of merchandise, within any City park, except pursuant to a concession agreement approved by the City; and
WHEREAS, Farmers' Markets differ fundamentally in character and purpose from traditional commercial concession operations, serving as community-oriented venues for local agricultural producers and small businesses to offer fresh produce, artisan goods, and related products directly to the public; and
WHEREAS, Farmers' Markets in City parks contribute to the public health, welfare, and economic vitality of City residents by increasing access to fresh and locally grown food, supporting local agricultural economies, and fostering community engagement; and
WHEREAS, the City now desires to establish a clear and workable approval process for the operation of Farmers' Markets within City parks, subject to the permitting requirements set forth in Section 62-622 of the City Code;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 38/Article II, of the Code of the City of Miami, Florida, as amended, is further amended in the following particulars:
"CHAPTER 38
PARKS AND RECREATION
\*\*\*
ARTICLE II. USE REGULATIONS
\*\*\*
Sec. 38-65. - Peddling, vending and merchandising.
(a) Prohibitions:No person, organization or firm, other than the parks and recreation department, or duly authorized concessionaires, shall expose or offer for sale, rent, or trade, any article or service, or station or place any stand, cart or vehicle for the transportation, sale or display of any merchandise, within the limits of any park.
(b) Grant of concession privilege:
(1) The city may authorize concessions in city parks by means of contractual agreement(s) or concession permit(s). Wherever practicable, and unless otherwise provided herein, concession privileges shall be granted by the city manager to particular vendors on the basis of a request for proposals, competitive bid or other competitive method.
(2) Contractual agreements shall be executed to affect day-to-day, weekly, and/or other concession privileges of a regular, ongoing or continuous nature to private, for-profit, and/or commercial operators. Permits shall be issued to affect concession privileges for either programs of nonprofit organizations, under the conditions prescribed herein, or for special events. "Nonprofit concession permits" may be issued for a maximum term of one year by the parks and recreation department director or designee for such privileges granted to qualified nonprofit organizations only in connection with regular ongoing weekly programs operated in city parks by said organizations for youth, elderly or disabled persons. "Special event concession permits" may be issued by the director or his/her designee for such privileges granted only in connection with special events, activities and/or programs of limited duration, not to exceed ten days' total operation. The form of all permits shall have the prior review and approval of the city attorney.
(3) Nonprofit concession privileges shall be of a limited and nonexclusive nature. Said privileges may be granted by permit issued by the director to such nonprofit organizations as are deemed qualified and which provide and operate ongoing weekly programs in city parks, pursuant to the promulgated rules and procedures for same. Said privileges are to be granted for the sole purpose of affording said nonprofit organizations a means of raising funds for eligible programs. Eligible programs shall be identified as and limited to those which principally serve youth, elderly and/or disabled persons as program participants.
(4) Special event concession permits may be issued directly to vendors authorized to operate in a park in connection with said event, or may be issued to the sponsor(s) or organizer(s) of a given event or activity, who may in turn subcontract to licensed vendors. Where subconcessionaires are allowed, the city's rights and responsibilities shall remain in full force and effect.
(c) Limitations to concession privilege:
(1) Concessionaires and/or subconcessionaires shall be properly licensed and shall comply with all applicable laws, ordinances, regulations, and/or administrative directives governing their specific operations, sales, rentals and/or trades. No privilege granted pursuant to the authority of this section shall infringe upon the rights or privileges of existing authorized concessionaires, if any.
(2) The director of the parks and recreation department or designated selection committee shall have the authority to review all list(s) of items for sale, rent and/or trade and to deny concession privileges for any item(s) deemed inappropriate for a city park.
(3) No event sponsor or organizer shall be issued more than three special event concession permits in a calendar year. Nonprofit concession permits may be issued for a maximum term of one year and shall be subject to annual review and reissuance by the parks and recreation department director.
(4) The parks and recreation department director shall establish the rules, regulations and procedures for special event and nonprofit concession permits, subject to the review and approval of the city manager and city attorney, at least on an annual basis. All concessionaires shall be required to indemnify and hold harmless the city, its agents, officers and employees, and to provide and maintain liability insurance in a form and in amounts acceptable to the city's risk management division or its successor.
(d) Fees and compensation:Concession fees and compensation shall not be the subject of waiver by the city commission or the city manager or designee thereof. Concessionaire(s) shall remit to the city a given fee and/or percentage of revenue accrued as a result of the privilege granted. The amount of the fee or percentage shall be as established as a result of the request for proposal, bid or competitive process, if such process is required, or for special events and nonprofit concession permits, by the current schedule of concession fees and compensation which shall be established by the city manager by January 1, 1997. Thereafter, the city manager shall annually revise and adjust such schedule of concession fees and compensation prior to the first day of September, and such revised schedule shall become effective the first day of October. In reviewing the existing schedule of concession fees and compensation to determine whether or not to revise and adjust the same, the city manager shall take into consideration any one, or all of the following criteria: (i) city financial needs; (ii) operating expenses; (iii) market conditions; (iv) purpose and type of event(s) or program(s) conducted in connection with the concession, including benefits to the community; (v) estimated revenues to be generated; (vi) and/or other factors deemed appropriate by the city manager. At any time, if the city manager determines that the current schedule of concession fees and compensation does not properly address a particular type of special event or social function, the city manager shall be authorized to negotiate the concession fee and compensation, in the case of specific event or function, or establish a concession fee and compensation, in the case of a type of event or function which is likely to reoccur.
(e) Farmers’ markets:
(1) Notwithstanding subsection (a), a Farmers' Market, as defined in Section 62-622, may be operated within a City park subject to the requirements of this subsection. A park use approval issued for Farmers’ Markets under this subsection shall not be subject to the competitive bidding requirements of subsection (b)(1) and shall not constitute a special event concession permit or nonprofit concession permit under subsection (b)(2) and (b)(3). Nothing herein shall be construed to waive or supersede the permitting requirements of Section 62-622.
(2)Prior to operating a Farmers' Market in a City park, the person or entity responsible for organizing, managing, and operating the Farmers' Market must obtain park use approval from the Parks and Recreation Department Director or designee, in addition to any permit required under Section 62-622. An application shall be submitted to the Director or designee in a form provided by the Director at least forty-five (45)calendar days prior to the proposed commencement of the subject Farmers' Market, containing such information as the Director may require, and subject to compliance with and evidence of insurance and indemnification coverage consistent with subsection (c)(4) of this section. No park use approval shall be granted for a location or time that conflicts with the scheduled use and programming of the park. In evaluating applications, the Director or designee shall consider whether the site plan adequately protects park facilities, green space, and public access; and whether the applicant has demonstrated the ability to restore the park to its prior condition following each market event. Any park use approval granted hereunder shall not be transferable and shall not exceed a period of six (6) months.
(3) The City Manager is authorized to and shall establish the schedule of fees for Farmers' Markets in City parks from time to time upon consideration of any one, or all of the following criteria: (i) City financial needs; (ii) operating expenses; (iii) market conditions; (iv) the purpose and community benefit of the Farmers' Market; (v) estimated revenues to be generated; and/or (vi) other factors deemed appropriate by the City Manager.Thereafter, the City Manager may revise and adjust such schedule of fees and compensation, as necessary, pursuant to the aforementioned criteria. Such fees are separate from and in addition to any fees required under Section 62-622.
(4) The Director or designee may impose reasonable conditions on a park use approval to protect park facilities, ensure public access, and minimize disruption to other park users. The Director or designee is authorized to promulgate rules and regulations to implement this subsection, subject to review and approval of the City Manager and City Attorney. The Director or designee may suspend or revoke a park use approval for violation of any condition of approval, applicable law, or upon revocation of the associated permit under Section 62-622. Any park use approval granted hereunder shall be pursuant to such park permit or other agreement in a form acceptable to the City Attorney.
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Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.
Fiscal Impact
N/A