Last night I received a copy of a Memorandum dated October 12, 1989 from then North Miami Beach City Manager Michael J. Roberto to the Mayor and Council.  Even though this document was written a little over twenty four years ago, it could have been written yesterday, evoking the French proverb plus ça change, plus c’est la même chose, which translates to the more things change, the more they stay the same.

This Memorandum addressed the city’s problem, or “Existing Conditions,” of the proliferation of “businesses operating which are sexually oriented in nature.”  Sound familiar?

Mr. Roberto went on to describe the background and history of the “adult business” in North Miami Beach, specifically referring to Fort Lauderdale, which “began enacting ordinances and taking other actions to ban or discourage adult entertainment establishments,” and the concern that “these businesses would be squeezed south into our community.”  He continued, “These fears seem to have been confirmed by the marked increase in the number of inquiries made by these businesses concerning the relation to North Miami Beach.”

Most interesting is the observation made by the City Manager beginning on the third page describing the overview and objectives of the city:

Mr. Roberto then went on to make recommendations to Mayor and Council “in order to ensure that the secondary effects of these establishments are adequately controlled,” including the renewal of their occupational licenses (now known as Business Tax Receipts), requirement for off duty police officers, a licensing fee of $5,000.00, additional fees for extended hours, and that all performers and employees of these establishments shall have occupational licenses and be subjected to background checks.  He added, “If possible, the City should retain the right to refuse a license for individuals with a record of previous crimes or arrests which is felt to be excessive and which would constitute potential problems for the establishment, surrounding properties, and/or the City.”  The City Manager also expounded on the “outside appearance and aesthetics” of the premises, as well as the recommendation that “accessory uses (e.g. pool tables, video games, food services) should be closely controlled to prevent an unregulated and unforseen expansion on the intended (main) use.”

However, in my opinion, the most important recommendation made by the City Manager in his Memorandum to the Mayor and Council read, “Any limited non-conforming use shall run with the current establishment and owners, and not with the land, and as such shall not be saleable or transferable.”

In non-legalese, this means that if an adult entertainment establishment is sold to a new owner, the occupational license WILL NOT BE SOLD OR TRANSFERRED TO THE NEW OWNER.  (Note to Council:  The strip club known as “Black Diamonds” is run by a NEW OWNER!)

Lastly, Mr. Roberto stressed that “any restrictions on adult entertainment establishments must not be imposed on moral or freedom-of-speech grounds, but rather on the basic zoning regulations where a standard of reasonableness and balance is required.”

I’d say that the North Miami Beach City Manager in 1989 was not only on the money, but entirely prescient in that he did his best to prevent the very issues we as a city are dealing with today.  Fast forward twenty four years later, and it’s become blatantly apparent that “the more things change, the more they stay the same.”

As the Memorandum stated, the 1989 City Council was “currently undertaking a concerted effort at revitalizing the commercial environment of the City while improving the environmental and residential quality of the community and enhancing the Citys [sic] reputation as a desirable place in which to work, shop and live.”

The 2013 City Council is keen on what it calls the “re-branding” of North Miami Beach, which sounds uncannily similar to the idea of “currently undertaking a concerted effort at revitalizing the commercial environment of the City while improving the environmental and residential quality of the community and enhancing the Citys [sic] reputation as a desirable place in which to work, shop and live.”

It appears that this “concerted effort” is a work in progress.  I’m not sure if former City Manager Michael J. Roberto envisioned a decades long process, but rest assured, folks, North Miami Beach will one day be a “desirable place in which to work, shop and live.”

With the hiring of a new City Manager and Chief of Police, it seems that the current City Council is determined to point NMB in a new direction of growth and development.  With the ground-breaking of Marina Palms, the construction of a hotel (FINALLY) on, and rezoning of, West Dixie Highway, it seems that they mean business.

The strip club problem, however, still looms in the background and threatens to stifle any forward progress North Miami Beach is trying desperately to achieve.  As they did in 1989, “the proliferation of adult entertainment establishments in the city” has a “clear and immediate negative impact” by “encouraging potential undesirable persons and behavior, leading to crime, significantly declining property values and a reversal in the trend toward economic development.”

If the City of North Miami Beach learns anything by its history, it would behoove the current Mayor and Council to do everything in their power to prevent it from repeating itself.  That would include seriously (and finally) considering the recommendations made by the City Manager twenty four years ago.

Not doing so will run the risk of proving the adage that the more things change, the more they stay the same.

Stephanie Kienzle
“Spreading the Wealth”