HomeMy WebLinkAboutResolution 2026-34254RESOLUTION NO. 2026-34254
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE SEVENTH AMENDED AND
RESTATED RULES AND REGULATIONS FOR BEACHFRONT CONCESSION
OPERATIONS (RULES AND REGULATIONS), WHICH, IN MATERIAL PART,
AMENDS THE RULES AND REGULATIONS TO AUTHORIZE THE SALE AND
CONSUMPTION OF ALCOHOLIC BEVERAGES AT BEACHFRONT
CONCESSION AREAS PURSUANT TO A VALID CONCESSION AGREEMENT,
LICENSE AGREEMENT, SPECIAL EVENT PERMIT, OR OTHER VALID PERMIT,
AUTHORIZATION OR AGREEMENT WITH THE CITY; AND 'FURTHER,
AUTHORIZING THE ADMINISTRATION TO SUBMIT THE PROPOSED RULES
AND REGULATIONS TO THE STATE OF FLORIDA FOR APPROVAL PRIOR TO
IMPLEMENTATION THEREOF.
WHEREAS, On January 31, 2001, the Mayor and City Commission adopted Resolution
2001-24251, approving a First Amendment to the Rules and Regulations for Beachfront Concession
operations (Rules and Regulations), which Rules and Regulations prohibited the cooking or heating
of food on the beachfront; and
WHEREAS, on September 5, 2001, the Mayor and City Commission adopted Resolution No.
2001-24571, approving the Second Amended and Restated Rules and Regulations for Beachfront
Concession Operations, and
WHEREAS, on January 30, 2002, the Mayor and City Commission adopted Resolution No
2002-24736, amending the Second Amended and Restated Rules and Regulations for Beachfront
Concession operations to include rules for beach chair deployment; design guidelines for concession
facilities, and rules for watersport operations, in accordance with the Administration's
recommendations; and
WHEREAS, on March 17, 2003, the Second Amended and Restated Rules and Regulations
for Beachfront Concession Operations were further amended to include the Administration's policy
for vehicle operation on the beach; and
WHEREAS, on May 11, 2016, the Mayor and City Commission adopted Resolution No 2016-
29403 adopting the Third Amended and Restated Rules and Regulations for Beachfront Concession
Operations, and
WHEREAS, on September 12, 2018, the Mayor and City Commission adopted Resolution No.
2018-30456, approving an amendment to the Rules and Regulations, to require all Upland Owner
Concessionaires and their Third -Party Concession Operators to utilize 100% reusable wares in
connection with their Beachfront Concession operations, including the delivery, service, and
consumption of food and beverages (F&B); provided that said amendment be referred to the
Sustainability and Resiliency Committee, for discussion and comment, prior to final approval by the
City Commission; and
WHEREAS, on September 12, 2018, the Mayor and City Commission adopted Resolution No.
2018-30498, approving the Fourth Amended and Restated Rules and Regulations, to permit the
utilization of mobile cooking/heating concession facilities, for a fee of $10,000 per month; as part of
the Beachfront Concession agreements issued annually to the Upland Property owners; and
WHEREAS, on October 16, 2019, the Mayor and City Commission adopted Resolution No.
2019-3101, approving the Fifth Amended and Restated Rules and Regulations, requiring
Concessionaires and their operators to utilize 100% reusable products, after the expiration of a one-
year educational period, commencing in October 2019; and
WHEREAS, on April 23, 2025, the Mayor and City Commission, adopted Resolution No.
2025-33599, accepting the recommendation of the Public Safety and Neighborhood Quality of Life
Committee at its April 9, 2025 meeting and approving the Sixth Amended and Restated Rules and
Regulations; said amended Rules and Regulations: (i) addressing the Workable Concession Area;
(ii) addressing the design and layout restriction of chairs and umbrellas; (iii) centralizing rules and
regulations for food truck concessionaires; (iv) providing guidance for creating Children's Play Areas;
(v) providing guidance for use of private watercrafts; (vi) requiring upland properties with food and
beverage concessions to sift beachfront sand twice a week to maintain beach clean; (vii) requiring
language acknowledgment, authorization and increased rates/fee schedules; (viii) requiring
language for the Beach Safety Rules; and (ix) increasing enforcement penalties for non-compliance
of the beachfront rules and regulations; and
WHEREAS, on July 16, 2025, the Finance and Economic Resiliency Committee (FERC)
discussed an item entitled "Discuss the Management and Operation of Public Beachfront
Concession Agreement(s) as it pertains to the sale of alcohol beverages and advertising/sponsorship
opportunities"; and
WHREAS, at the July 16, 2025, FERC meeting, the Committee recommended implementing
a pilot program with beachfront concessionaires to permit the sale of alcoholic beverages on the
beachfront in order to address the unregulated sale of alcoholic beverages on the beach and provide
the public with a more complete and enjoyable beach experience, subject to the City Manager and
the City Commission having the right to terminate the sale of alcoholic beverages should unintended
consequences arise; and
WHEREAS, on February 25, 2026, the Mayor and City Commission adopted Ordinance No.
2026-4802 on Second Reading, amending Section 70-87 of the City Code, permitting alcoholic
beverages to be consumed, served, sold and possessed in an open container on public property
when such use is specifically authorized pursuant to a valid lease agreement, concession
agreement, license agreement, special event permit, or other valid permit authorization or agreement
with, or issued by, the City, but only within the authorized public place and only during the hours at
which the alcoholic beverage may be sold, purchased, served and consumed pursuant to such
applicable authorization; and
WHEREAS, the Administration has proposed certain amendments in the Seventh Amended
and Restated Rules and Regulations for Beachfront Concession Operations ("Rules and
Regulations"), permitting the sale and consumption of alcoholic beverages within the beachfront
concession areas or other designated beachfront areas, pursuant to a Concession Agreement,
License Agreement, Special Event Permit or other valid permit, authorization or agreement
("Authorization") granted by the City to a concessionaire, permittee under a Special Event Permit or
other authorized user of the beach pursuant to an Authorization (each an "Authorized Party"), based
upon the following operational parameters set forth in Section 17 of the Rules and Regulations:
(a) the Authorized Party must: (i) maintain all required licenses and permits, including
from the Florida Department of Business and Professional Regulation/Division of
Alcoholic Beverages and Tobacco, and any City approvals; and (ii) comply at all times
with all applicable federal, state, county, and City laws and codes;
(b) the Authorized Party must comply with City's environmental requirements, including
allowances for containers primarily composed of aluminum and prohibitions on use of
glass containers and expanded polystyrene and restricted plastics;
(c) sales and service of alcohol are limited to operating hours and any more restrictive
hours imposed by law; and the area where the alcoholic beverage may be sold and
consumed is limited to the concession area or other area designated in the
Authorization ("Authorized Alcohol Service Area");
(d) the Authorized Party must implement: (i) 100% ID verification; (ii) service limits and
refusal -of -service protocols; (iii) boundary controls to prevent sales, service or
consumption outside the Authorized Alcohol Service Area; (iv) accredited responsible
alcohol service training for staff; (v) incident reporting and response procedures; (vi)
security staffing, if required by the City; and (vii) City -approved signage regarding
rules, boundaries, and safety.
(e) the Authorized Party must comply with minimum insurance requirements, including
liquor liability insurance;
(e) the Authorized Party is required to comply with audit provisions;
(f) Authorization is subject to: (i) suspension by the City Manager of alcohol sales upon
at least twenty-four (24) hours prior notice for up to sixty (60) days; (ii) termination by
the City Manager or the City Commission upon at least twenty-four (24) hours prior
written notice in the City Manager's and/or City Commission's sole discretion; and (iii)
immediate suspension or termination by the City Manager if required to protect public
health, safety, or welfare; and
(g) A new fee will be charged to the Commercial and Non -Commercial Upland Owner
Concessionaires in connection with this additional amenity, in the amount of
$3,000.00 per month; and
WHEREAS, the Administration recommends the approval of the Seventh Amended and
Restated Rules and Regulations for Beachfront Concession Operations ("Seventh Amended Rules
and Regulations"), incorporated herein by reference and attached to the City Commission
Memorandum accompanying this Resolution as Exhibit "A", which amended Rules and Regulations
will become effective May 20, 2026; however, the sale of alcohol will not be implemented until such
time as the State of Florida approves the Seventh Amended Rules and Regulations.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby approve the Seventh Amended and Restated Rules and Regulations for Beachfront
Concession Operations (Rules and Regulations), which, in material part, amends the Rules and
Regulations to authorize the sale and consumption of alcoholic beverages at beachfront concession
areas pursuant to a valid Concession Agreement, License Agreement, Special Event Permit, or other
valid permit, authorization or agreement with the City; and further, authorize the Administration to
submit the proposed Rules and Regulations to the State of Florida for approval prior to
implementation thereof.
PASSED and ADOPTED this day of AkOA 2026
ATTEST:
MAY 2 6 2026
Rafael E. G anado, City Clerk Steven Meiner, Mayor
,.............
APPROVED AS TO
FORM & LANGUAGE
CORP RATED, &FOR EXECUTION
NCH 26 -
'City Attorney IfiT
Dote
Resolutions - C7 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: May 20, 2026
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE SEVENTH AMENDED AND
RESTATED RULES AND REGULATIONS FOR BEACHFRONT CONCESSION
OPERATIONS (RULES AND REGULATIONS), WHICH, IN MATERIAL PART,
AMENDS THE RULES AND REGULATIONS TO AUTHORIZE THE SALE AND
CONSUMPTION OF ALCOHOLIC BEVERAGES AT BEACHFRONT CONCESSION
AREAS PURSUANT TO A VALID CONCESSION AGREEMENT, LICENSE
AGREEMENT, SPECIAL EVENT PERMIT, OR OTHER VALID PERMIT,
AUTHORIZATION OR AGREEMENT WITH THE CITY; AND FURTHER,
AUTHORIZING THE ADMINISTRATION TO SUBMIT THE PROPOSED RULES
AND REGULATIONS TO THE STATE OF FLORIDA FOR APPROVAL PRIOR TO
IMPLEMENTATION THEREOF.
RECOMMENDATION
The Administration recommends the Mayor and City Commission adopt the Resolution approving
the Seventh Amended and Restated Rules and Regulations for Beachfront Concession
Operations.
BACKGROUND/HISTORY
The City's Rules and Regulations for Beachfront Concession Operations ("Rules and
Regulations") have been amended multiple times with material updates addressing safety,
operational, and environmental priorities. On January 31, 2001, the Mayor and City Commission
adopted the First Amendment, prohibiting cooking or heating food on the beachfront. On June 27,
2001, the Commission directed the Administration to revisit cooking/heating allowances, establish
minimum facility sizes to accommodate such activities, and define waterside equipment
permissible in non-watersport channel areas and swim zones.
Building on that direction, on September 5, 2001, the City adopted the Second Amended and
Restated Rules and Regulations via Resolution No. 2001-24571. This comprehensive update
addressed beach chair density and layout, limited applications to upland owners, established a
fee schedule tied to upland unit counts, defined waterside equipment allowed in swimming areas,
and provided for cooking and/or heating of food.
Thereafter, the Third Amended and Restated Rules and Regulations were adopted pursuant to
Resolution No. 2016-29403, modernizing operational and compliance provisions to reflect
evolving beachfront uses. This was followed by the Fourth Amended and Restated Rules and
Regulations (Resolution No. 2018-30498), which authorized food trailer operations by upland
owner concessionaires as part of approved concession facilities, subject to design and
operational controls.
On October 16, 2019, the Mayor and City Commission adopted Resolution No. 2019-31017,
approving the Fifth Amended and Restated Rules and Regulations. Among other changes. the
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Fifth Amendment required all upland beachfront concession operations and their third -party
concession operators, including delivery services to utilize 100% reusable wares for on -beach
food and beverage consumption, advancing the City's environmental stewardship goals.
Most recently, on April 23, 2025, the Mayor and City Commission approved the Sixth Amended
and Restated Rules and Regulations. The Sixth Amendment refined Workable Concession Area
parameters, clarified chair and umbrella placement, enhanced beach safety signage, established
guidance for Children's Play Areas, reinforced environmental standards, increased enforcement
penalties for non-compliance of the Rules and Regulations, and included additional upland
property's responsibilities relating to beach cleanliness of the Workable Concession Area.
ANALYSIS
On February 25, 2026, the Mayor and City Commission adopted Ordinance No. 20264802 on
Second Reading, amending Section 70-87 of the City Code, permitting alcoholic beverages to be
consumed, served, sold and possessed in an open container on public property when such use
is specifically authorized pursuant to a valid lease agreement, concession agreement, license
agreement, special event permit, or other valid permit authorization or agreement with, or issued
by, the City, but only within the authorized public place and only during the hours at which the
alcoholic beverage may be sold, purchased, served and consumed pursuant to such applicable
authorization. The Administration has proposed certain amendments in the Seventh Amended
and Restated Rules and Regulations permitting the sale and consumption of alcoholic beverages
within the beachfront concession areas or other designated beachfront areas, pursuant to a
Concession Agreement, License Agreement, Special Event Permit or other valid permit,
authorization or agreement ("Authorization").
The Authorization granted by the City to a concessionaire, permittee under a Special Event
Permit, or other authorized user of the beach ("Authorized Party"), will be subject to all applicable
local and state laws, must comply with defined operational protocols, accredited staff training and
public safety measures, include liquor liability insurance, required licensing and approvals
(DBPR/ABT and City), 100% ID verification, boundary controls, service limits, refusal -of -service
protocols and incident reporting. The Authorized Party must also comply with security staffing, if
required by the City and is subject to a monthly fee for this amenity. Moreover, Authorization is
subject to: i) suspension by the City Manager of alcohol sales upon at least twenty-four (24) hours
prior notice for up to sixty (60) days; (ii) termination by the City Manager or the City Commission
upon at least twenty four (24) hours prior written notice in the City Manager's and/or City
Commission's sole discretion; and (iii) immediate suspension or termination by the City Manager
if required to protect public health, safety, or welfare.
On April 14, 2026, a virtual public meeting was held to present the material changes to the
proposed Seventh Amended and Restated Rules and Regulations. This meeting provided
property owners, managers and concessionaires with an overview of the changes and an
opportunity to ask questions. The presentation and recording were also disseminated to all
Upland Property contacts and concessionaires.
The proposed Seventh Amended and Restated Rules and Regulations for Beachfront Concession
Operations are attached hereto as Exhibit A.
FISCAL IMPACT STATEMENT
n/a
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
240 of 1709
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https•//www.miamibeachfi.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
The Administration recommends the Mayor and City Commission approve the Seventh Amended
and Restated Rules and Regulations for Beachfront Concession Operations, authorizing the sale
and consumption of alcoholic beverages at beachfront concession areas specifically authorized
for such use pursuant to a valid concession agreement, license agreement, special event permit
or other valid permit, authorization or agreement with, or issued by, the City, and further
authorizing the Administration to submit the proposed Rules and Regulations to the State of
Florida for approval prior to implementation thereof.
Applicable Area
Citywide
Is this a "Residents Right to Know" item,
pursuant to City Code Section 2-17?
Yes
Is this item related to a G.O. Bond
Project?
No
Was this Agenda Item initially requested by a lobbyist which as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Parks, Facilities, Fleet & Beaches
Sponsor(s)
Co-sponsor(s)
Condensed Title
Adopt 7th Amended Rules and Regulations for Beachfront Concessions. PFFB
Previous Action (For City Clerk Use Only)
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MIAMI BEACH
1833 Bay Road, Miami Beach, Florida 33139,
www.miamibeachfl.gov
Parks, Facilities, Fleet and Beaches Department
Beach Maintenance Tel: 305-673-7631
SEVENTH AMENDED AND RESTATED
RULES AND REGULATIONS FOR
BEACHFRONT CONCESSION OPERATIONS
The following Rules and Regulations (the "Rules and Regulations") shall apply to Beachfront
Concessions within the City of Miami Beach:
0Z
a) Beachfront Concession - beachfront operations authorized by the City of Miami Beach
to either: 1) the Upland Owner Concessionaire, or 2) a Direct City Concessionaire, subsequent to
the submission of all requirements, which grants the right to use the public beach land to rent or
otherwise provide beach equipment (lounge chairs, umbrellas and the like), sell food and beverages
and/or rent watersports equipment, or to furnish, with or without charge, any of the foregoing, pursuant
to a Beachfront Concession Agreement, as defined in subsection (b)(i)-(iii) below.
b) Definitions -
i) Direct City Beachfront Concession Agreement — A concession agreement
between the City and a Direct City Concessionaire that authorizes the operation
of a Beachfront Concession, adjacent to public property for the general public.
ii) Commercial Beachfront Concession Agreement - A Beachfront Concession
agreement or permit that is issued to the Upland Owner Concessionaire by the
City, which authorizes the operation of a Beachfront Concession adjacent to the
Upland Property for the general public, and/or the guests or residents of the
Upland Property at a charge or fee to the user of the Beachfront Concession
services, or if the Upland Property collects any resort or membership fee which
includes access to the Beachfront Concession services.
iii) Non -Commercial Beachfront Concession Agreement - A Beachfront
Concession agreement or permit that is issued to the Upland Owner
Concessionaire by the City, which authorizes the operation of a Beachfront
Concession solely for the guests and/or residents of the Upland Property,
for which the Upland Property does not charge (i) a fee for use of the Beachfront
Concession services; or (ii) a resort or Membership fee, entitling the user to the
use of the Beachfront Concession services.
iv) Concessionaire - any Direct City Concessionaire, Upland Owner
Concessionaire or Third -Party Concession Operator, authorized to operate
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a Beachfront Concession; provided that the Upland Property has secured all
regulatory approvals for, and is open for business as a hotel, condominium,
club, public establishment, or other permanent, high -occupancy operation
which serves the public and/or guests or residents of the Upland Property.
v) Direct City Concessionaire - a provider of beachfront concession
management and operation services who has been contracted directly by the
City of Miami Beach.
vi) Third -Party Concession Operator - a provider of beachfront concession
management and operation services who has been subcontracted by the
Upland Owner Concessionaire, excluding Direct City Concessionaires.
vii) Upland Owner Concessionaire (Commercial or Non -Commercial) - the legal
owner of the Upland Property and operator of a Beachfront Concession who is
authorized, pursuant to a Commercial Beachfront Concession Agreement
(Commercial Upland Owner Concessionaire) or a Non -Commercial Beachfront
Concession Agreement (Non -Commercial Upland Owner Concessionaire): to
conduct its own Beachfront Concession Operations; and/or to subcontract its
Beachfront Concession Operations to a Third -Party Concession Operator.
viii) Upland Property - the land adjacent to, and immediately westward of, the
public beach. The Upland Property owner shall be determined from the records
of the Miami Dade County Property Appraiser's Office, corresponding to the
folio number for the Upland Property.
ix) Beachfront Concession Layout - a schematic plan of the Workable
Concession Area designated to be used for the Beachfront Concession
operations, as depicted and described Beachfront Concession Layout, that
is a part of the Exhibit entitled "Beachfront Concession Design Guidelines",
submitted to, and approved by, the City of Miami Beach which illustrates, in
conjunction with the Concessionaire equipment list, the Concession Facilities
that the Concessionaire is permitted to have.
x) Concession Facilities - Concession Huts and Storage Boxes (as depicted and
described in the Beach Concession Desion Guideline exhibit to the
Application for Beachfront Concession Operations, as well as any other items
or equipment including, but not limited to, designated children's play area,
cooking, heating, and refrigeration equipment or furnishings, trash receptacles
approved for use by the City of Miami Beach in connection with the Beachfront
Concession.
xi) Workable Concession Area — The portion of the Concession Area which may
be used to place Concession Facilities, as more particularly described in
Section 6.
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xii) Motor Vehicle - any City -approved automobile, truck, sport utility
vehicle, golf cart, all -terrain vehicle (ATV), Mobile Cooking Concession Facility
(as defined in Section 7(f), or any other means of transportation that is, to the
extent required by law, approved and appropriately licensed by the Florida
Department of Transportation and/or Florida Department of Motor Vehicles to
travel on paved roadways.
xiii) Trailer - any non -motorized vehicle or other means of transportation
(e.g., jet ski trailers), with wheels, or constructed so that it can be fitted with
wheels, and which is used or intended to be used for any one of the following
purposes:
(a) The rental of watersports equipment
(b) The sale of food and/or beverages
(c) cooking and /or heating of food
(d) the distribution, delivery, towing and return of anything, including,
without limitation, jet skis, towels, chaises, cabanas,
a) Each Applicant to the City for approval as either a Direct City Concessionaire or
an Upland Owner Concessionaire and their Third -Party Concession Operators must provide the City
with written acknowledgment of their understanding of, and agreement to abide by, these Rules and
Regulations, substantially in the form attached hereto, entitled Upland Property Concessionaire and
Third -Party Concessionaire Acknowledgement and Authorization. Prior to being granted a
Beachfront Concession Agreement. The entire application must be signed on behalf of the Applicant
Concessionaire by a senior management officer and authorized individual; whose signature and
authorization are and shall be binding upon Applicant's successors in interest, subject to the successor
entity complying with the application and approval process for the Beachfront Concession Agreement
within thirty (30) days from the date of the sale or transfer of the Applicant's interest; and whose
signature must be notarized. The application must be accompanied by a report of the Secretary of
State of the State in which the Applicant Concessionaire is organized and a report from the Secretary
of the State of Florida, if Florida is the state of incorporation or, in the case of a foreign corporation,
reflecting that Applicant is authorized to transact business in the State of Florida. Each such report
must be dated not more than thirty (30) days before the submission of the application and must reflect
that the Applicant Concessionaire is in good standing and that the application signer holds a position
which indicates his authority to sign the application; and must comply with all of the City's requirements
for the application, including the following acknowledgments:
(1) Execution of the Upland Property Concessionaire and Third -Party
Concessionaire Acknowledgement and Authorization, acknowledging its
understanding of, and agreement to abide by, these Rules and Regulations prior
to being granted a Beachfront Concession.
(2) a written acknowledgment of its acceptance of its obligation, as to each person
who, on its behalf, is to operate a Motor Vehicle on the beach ('Prospective
Driver'), to do the following before the Prospective Driver drives any Motor
Vehicle: The operating Concessionaire shall:
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(a) sign, in addition to the Prospective Driver the Safe Driving Agreement in
substantially the form attached hereto, entitled Vehicle Information
Sheet, and Safe Driving Agreement or as amended by the City from
time to time, with one fully signed original to be submitted with the
application package and to be held by the City with the application;
(b) retain, and make available for inspection by the City upon its request,
each such fully signed Safe Driving Agreement throughout the period that
the Prospective Driver is operating a Motor Vehicle on behalf of the
Applicant Concessionaire and for a period of two years after the
Prospective Driver ceases to operate a Motor Vehicle on behalf of the
Applicant Concessionaire; and
(c) prior to the operation of any Motor Vehicle on the beach, the City will
require the Prospective Driver to satisfactorily complete a one -hour
training course specifically geared to safety and operation of a Motor
Vehicle, in compliance with the Safe Driving Agreement, said training to
include actual operation by the Prospective Driver of the type of Motor
Vehicle which he or she is anticipated to drive.
(3) if the Applicant Concessionaire seeks approval as a Direct City Concessionaire,
a written acknowledgment that it will not subcontract to any other person or entity
the performance of any of its duties and obligations as a Direct City
Concessionaire is required, unless otherwise approved in writing by the City
pursuant to the Direct City Beachfront Concession Agreement.
(4) If the Applicant Concessionaire seeks approval as an Upland Owner
Concessionaire, a written acknowledgment that, if it contracts with a Third- Party
Concession Operator or multiple Third -Party Concession Operators for the
management and operation of all, or parts of, the Beachfront Concession, the
Upland Owner Concessionaire shall remain responsible to the City for
performing under the terms and conditions of the Beachfront Concession Rules
and Regulations, as may be amended from time to time. An Upland Owner
Concessionaire may contract with more than one Third -Party Concession
Operators for separate services. Le., one for water sports, and another for beach
equipment. Each of the Third -Party Concession Operators and the Applicant
Concessionaire are required to submit their Upland Property Concessionaire
and Third-Partv Concessionaire Acknowledgement and Authorization, as
well as their individual certificates of insurance. Under no circumstances may a
Third -Party Concession Operator sub -contract any aspect of their services or
responsibilities to another party or service provider.
(5) The Applicant Concessionaire's application is not complete and will not be
considered by the City if any of the City's application requirements are not
satisfied. The City reserves the right, before considering any application, to
require that any documentation or information be updated, expanded, and
resubmitted if it is deemed necessary by the City to clarify and /or to confirm any
such documentation or information.
(6) Any Beachfront Concession granted pursuant to these Rules and Regulations
shall not be construed to vest any additional rights upon the Concessionaire that
do not otherwise exist, except for the privilege of temporary use of the beachfront
in accordance with the conditions and requirements set forth in these Rules and
Regulations and all other applicable City, County, State, and Federal laws.
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Concessionaires are hereby notified that all beaches within the City of Miami
Beach are public and, as such, Beachfront Concession operations must not
restrict, or appear to restrict, access or in any way limit the public nature or
ambiance of the beachfront. All Concessionaires are required to post in a
conspicuous location for all to read a sign approved by the City of Miami Beach
which advises all that the Beach is Open to the Public.
(7) There is no responsibility on behalf of the City of Miami Beach for any lost, stolen,
or damaged property belonging to a Concessionaire.
(8) Concessionaires are responsible for any damage caused to any City -owned
property and /or the beachfront during the time of its usage of said areas.
(9) Concessionaires must submit a written evacuation plan to the City for the prompt
removal from the beach of all Motor Vehicles, Trailers, and Concession Facilities
and equipment. The plan shall be implemented within one (1) hour of notification
by appropriate City authorities and within eight (8) Hours of the issuance of a
Hurricane Warning by the Miami -Dade County Office of Emergency
Management. This plan must be submitted to the City for approval, substantially
in the form attached hereto, entitled Evacuation Plan. Each Concessionaire
shall conduct a drill once per year, at the City's discretion, prior to hurricane
season, to remove all of its Concession Facilities from the beach.
(10) Each Applicant must further agree to notify the City, within thirty (30) days of any
sale or transfer in the interest of Applicant or in the Third -Party Concession
Operator entity. The successor entity shall be required to apply for its own
Beachfront Concession agreement in accordance with the terms and conditions
of the Rules and Regulations.
(11) The City reserves the right to amend these Rules and Regulations. Said
amendments shall be binding on all Concessionaires.
K : 0�
a) Business Tax Receipts — As related to a Beachfront Concession, a City Business
Tax Receipt (valid from October 1 through September 30 of the following year) is required for (1) each
Upland Owner Concessionaire for the operation of the Upland Property; and (2) each Direct City
Concessionaire in connection with the Beachfront Concession activities which such Direct City
Concessionaire operates.
b) In addition to the Business Tax Receipts required in Paragraph 3(a) above, an Upland
Owner Concessionaire shall pay an Upland Fee, per Upland Unit. The fee will increase annually in
accordance with the Consumer Price Index (CPI) as determined by the U.S. Department of Labor
Statistics or as determined and approved by the City Commission during the budget process. The
number of Upland Units, as well as the CPI adjustment amount, shall be determined by the City's
Finance Department or designee. All Fees must be paid within fifteen (15) days of the City -issued
invoice date.
c) If the Upland Owner Concessionaire requests that the Concession Area be utilized
by any additional property or properties, other than the Upland Property, the same Unit fee shall apply
to any additional properties based on the number of units in each of the additional properties. For
clarification, each Upland Owner Concessionaire that functions solely as a condominium may only
contract with a single additional property for use of the Concession Area. Additional properties are
those non-beachfront properties which are permitted by agreement with the Upland Property to utilize
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the beachfront and Beachfront Concession amenities of the Upland Property. There shall be no
maximum Unit Fee for Beachfront Concessions utilized by multiple properties. These fees shall be
due and payable in advance to the City's granting authorization for a Beachfront Concession, and
within fifteen (15) days of the City -issued invoice date.
d) Any additional property granted approval to utilize the beach and the beachfront
amenities of an Upland Property, (1) must be physically located within the county limits of Miami Dade
County and (2) maintain Liability Insurance in the same manner as the Upland Property with the City
of Miami Beach listed as additional insured and certificate holder.
e) Direct City Concessionaire Fees - In addition to the Business Tax Receipts required in
Paragraph 3(a) above, a Direct City Concessionaire will pay the City a concession fee, to be negotiated
between the Direct City Concessionaire and the City, in connection with the operation of a Beachfront
Concession, to be delineated in the Direct City Beachfront Concession Agreement.
f) Membership Fees - Upland Properties collecting any membership fee which includes
access to the Beachfront Concession services shall be subject to maximum Unit Fee for Beachfront
Concessions.
4) L AI FEU
Any payment of fees invoiced and due associated with the operation of any Beachfront
Concession including the Mobile Cooking Concession Facility or Alcoholic Beverage Service
which is not paid on or before the respective due date provided for in the application for
Beachfront Concession Operations shall be subject to interest of eighteen percent (18%) per
annum or the maximum interest rate allowable under Florida law from the payment due date until
such time as the payment in full is actually received by the City. In addition, any payment received
after Five (5) Days of its due date shall accrue a late payment fee equal to Ten percent (10%) of
the invoiced amount.
5) INSURANCE
a) Every Concessionaire must maintain the required Beachfront Concession Insurance
set forth in the attached Beach Concession Insurance Requirements at all times. Every
Concessionaire shall:
i) furnish to the City a Certificate of Insurance, in customary form and substance,
evidencing compliance with those requirements; and
ii) furnish to the City a renewal Certificate of Insurance, in customary form and
substance, evidence of compliance with these requirements, at least fifteen (15)
calendar days before:
(a) the expiration of a current Certificate of Insurance; or
(b) the effective date of any cancellation of the insurance.
b) In the event the Concession Area is utilized or operated by any additional person or
entity each such person or entity must maintain the required Beachfront Concession Insurance at all
times. The Concessionaire is responsible for compliance with these requirements by said additional
person or entity. This Paragraph 5 (b) shall not be interpreted or applied in any manner to diminish
the responsibilities of the Concessionaire or to authorize the use of the Concession Area by any
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additional person or entity.
a) Each Concessionaire shall comply with the approved Beachfront Concession
Layout which sets forth the Workable Concession Area of the Beachfront Concession and shall stay
within the Workable Concession Area. The Concessionaire shall not be allowed to place Concession
Facilities anywhere outside of the Workable Concession Area, unless otherwise indicated below:
b) The Concessionaire shall not permit patrons to place any chairs, umbrellas, or
any other items/equipment belonging to the Concessionaire outside of the Workable Concession Area.
The only exception to this requirement shall be the placement of a single umbrella as stipulated
in subsection (d).
c) Notwithstanding Paragraph 6(a) above, due to the irregular curve of the beach at
20th Street, the Concessionaire immediately south of 20th Street shall be permitted to occupy the
Street end of 20th Street. Use of street ends by Concessionaires at all other locations is prohibited.
d) The placement of Concession Huts, and all storage boxes, shall be within the
portion of the Concession Area bounded on the west by a line no more or less than three feet east
of the trash receptacle line. Umbrellas and all styles and sizes of chairs and lounges shall be bounded
on the west by a line no less than Six (6) feet east of the trash receptacle line. Additional boundaries
shall be on the east by the lifeguard line of sight or 10 feet from the mean high-water line, whichever
is greater and affords the lifeguard on duty a safe and effective view of the water as determined by the
lifeguard on duty, and bounded on the north and south by the extensions of the north and south
property lines of the Upland Property in the case of an Upland Owner Concessionaire, all as
determined by the City of Miami Beach. The Concessionaire shall not be allowed to place any
Concession Facilities outside of the above -described Workable Concession Area other than a single
umbrella secured to the interior side of a 4x4 wood post within the beach access path directly behind
the representative Upland Property at a minimum of Twelve feet (12') west of the western edge of the
emergency/service vehicular traffic lane. This umbrella is to be fully open with the canopy at a height
of no less than Seven feet (7') when in place for greeting and directing the Upland Property guests and
residents. It must be removed if not open and in use.
e) Concession Facilities, other than trash receptacles and beach chairs/umbrellas,
shall not occupy more than forty percent (40%) of the north /south distance of the Workable Concession
Area. By way of example, if the north/south distance of the Workable Concession Area is 1000 feet,
and the Concession Huts and Storage Boxes are 10 feet by 10 feet each, there shall be no more than
a combination of four (4) Concession Huts and/or Storage Boxes permitted within the Workable
Concession Area. Notwithstanding the foregoing, Concession Huts and/or Storage Boxes shall be
permitted to be placed/stacked east and west of each other. However, under no circumstances may
this east to west stacking exceed Four (4) Concession Huts and/or storage boxes or occupy more
than One -Third (1/3) of the measured distance from the trash can line to the Average Mean Highwater
Line (typically the high edge of the high tide line).
f) Concessionaires shall place, if included as part of the Beachfront Concession Layout,
one (1) Storage Box at the southwest corner of the Workable Concession Area and one (1) Storage
Box at the northwest corner of the Workable Concession Area, as a means to identify said boundaries
of the Workable Concession Area.
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g) Children's Play Area - provided a children's play area has been included in the site
plan and approved, it shall be located within the Workable Concession Area and be located a minimum
of Thirty-five feet (35') east of the trash can line with seating placed on the western side of the play
area to be used for parental supervision of children at play. Signage indicating a "children's play area"
shall be posted at Fifteen -foot (15') intervals along the western edge of the play area. At the end of
each day, the temporary children's play area installations shall be removed from the beach and stored
away.
h) The Workable Concession Area shall be set up every day no earlier than one (1) hour
after sunrise and removed no later than sunset, except that from April 1 to October 31,
Concessionaires must wait until Miami -Dade County has conducted its morning turtle nesting survey
before commencing set up (the "Operating Hours"). Set up of the Workable Concession Area shall not
occur until the later of one (1) hour after sunrise or the completion of the Sea Turtle survey.
i) Concessionaires are encouraged to keep the number of unoccupied beach chairs
within their Workable Concession Area to a minimum and set out additional chairs, as mandated by
anticipated patron volumes, throughout the day.
j) The Concessionaire shall post signs which state "BEACH OPEN TO THE PUBLIC"
on all Concession Huts and Storage Boxes. Said signs shall include, for commercial Beachfront
Concessions, the prices to be paid by the public, to the extent applicable, for food and beverages, the
rental of watersports equipment, and the rental of beach furnishings and equipment. Said signs shall
require prior written approval by the City.
Upon the recommendation of our City Attorney, all Concessionaires should post warning
signs on their concession structures warning beachgoers of inherent dangers of the ocean. The
recommended language appears below.
BEACH SAFETY RULES
FOR YOUR OWN SAFETY IT IS REQUIRED
THAT YOU UNDERSTAND AND TAKE HEED OF THE FOLLOWING
DUE TO THE INHERENT DANGER OF CONSTANTLY CHANGING OCEAN, SURF CONDITIONS
AND WEATHER, PLEASE BE ADVISED THAT WHEN ENTERING THE OCEAN, THERE ARE
NATURALLY OCCURRING, UNCONTROLLABLE CONDITIONS, AS WELL AS INHERENT
RISKS WHICH COULD PHYSICALLY HARM YOU (AND POSSIBLY CAUSE DEATH), SUCH AS
WIND, WEATHER, WAVE, SURF, AND WATER CONDITIONS, AS WELL AS, AMONG OTHER
THINGS, SANDBARS, SEA LIFE, RED TIDE, GLASS, AND SUBMERGED ARTICLES, NONE OF
WHICH CAN BE CONTROLLED.
k) The Concessionaire shall post the following items in a visible location inside the
Concession Huts: 1) a copy of the Business Tax Receipt, 2) a copy of these Rules and Regulations,
and 3) basic operating procedures for Concessionaire staff, which procedures shall be subject to
review and approval by the City (i.e., time of deployment of equipment, location of equipment,
collection of trash, etc.).
1) Concession Facilities shall be neat, clean, and well maintained at all times. The
Concession Area and operation must be aesthetically pleasing and non -detrimental to the surrounding
environment. Any graffiti shall be removed or re -painted with matching paint within twenty-four (24)
hours. Beachfront Concession storage sheds and concession huts will be inspected regularly. If found
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to be in need of repair, maintenance, or replacement a notice of violation shall be issued, and a period
of time will be noted for corrective action.
m) Beachfront Concession activities, including the placement and/or use of umbrellas,
canopies, etc., shall not obstruct the view of a lifeguard. Any request from a lifeguard to
relocate any item that obstructs his/her view shall be treated as an emergency and the item
shall be relocated immediately without question.
MEER6191 DIVI mail wvixiDIA
a) A Food Service license issued by the Florida Department of Business and Professional
Regulation - Division of Hotels and Restaurants for the food service unit must be supplied by
the Applicant for a Beachfront Concession before a City Business Tax Receipt for a Food and
Beverage Beachfront Concession may be issued.
b) If the Beachfront Concession includes Food and Beverage service, then at least
one supervisory employee must possess a Food Service Management Certification issued by the
Miami- Dade County Public Health Department. In addition, each food service facility must be
licensed by the Florida Department of Business & Professional Regulation - Division of Hotels and
Restaurants (8240 NW 52 Terrace, Suite 101, Doral, Florida, 33166; telephone: 850-487- 1395).
c) Any Upland Property which provides Food and Beverage services shall schedule
sifting of their beachfront by an insured, City approved vendor at a frequency of twice weekly. Any
Upland Property which does not provide Food and Beverage services shall schedule sifting of their
beachfront by an insured, City approved vendor at a frequency of once per week. The cost of this
sifting service shall be borne by the Upland Property.
d) Concessionaires shall not vend or offer glass containers, metal containers, unless
such bottle or container is primarily composed of aluminum, plastic lids, single use plastic beverage
straws, single use plastic stirrers, except that plastic beverage straws or plastic stirrers may be
provided to an individual with a disability or medical condition, as described in Section 12
(Environmental). Notwithstanding the foregoing, recyclable plastic bottles, or bottles or containers
which are primarily composed of aluminum will be permitted. The use of plastic bags (except for large
plastic bags used for trash collection) shall not be permitted.
e) 100% Reusable Ware Requirement for Concessionaires (Excluding take- out
Food and Beverage service provided by Mobile Cooking Concession Facility). The requirements
of this subsection 7(e) shall become effective on October 1, 2024.
i) All Concessionaires approved for, and who are issued, a Beachfront
Concession Agreement authorizing the Upland Owner Concessionaire to provide
Beachfront Concession services which include food and beverage services are
required to utilize 100% reusable wares in connection with the containment, delivery,
display, consumption and retrieval of all items used for the purpose of providing Food
and Beverage services in the Concession Area on the beach. Reusable wares shall
include, but are not limited to, tableware serving dishes/containers, condiments,
plates, bowls, hot and cold cups, and flatware. Notwithstanding the foregoing,
Concessionaires will be permitted to use napkins made from recycled materials and
wooden coffee stirrers. All reusable wares are required to be collected and removed
from the beach by the Concessionaire upon conclusion of their use. This reusable
ware requirement shall not apply to take-out Food and Beverage services provided
by Mobile Cooking Concession Facilities, as more particularly described in subsection
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(f).
f) Mobile Cooking Concession Facilities. The following requirements shall apply to mobile
cooking and/or heating Beachfront Concession Facilities ("Mobile Cooking Concession Facilities") commonly
known as Food Trucks:
(1) Mobile Cooking Concession Facilities will only be permitted at those
locations operating pursuant to a valid, City -issued Business Tax Receipt and
a Beachfront Concession permit which specifically authorizes a Mobile
Cooking Concession Facility.
(2) Mobile Cooking Fee - A Mobile Cooking Concession Facility must be applied
for by the Upland Owner Concessionaire to the City immediately upon serious
consideration and well prior to any purchase of such a Mobile Cooking
Concession Facility, or its appliances and/or facilities. The application must
contain full detail on the size, dimensions, electric power source and capacity,
fuel source and capacity, intended appliances and their power consumption,
and a certified acknowledgement from the original equipment manufacturer,
confirming that the original equipment, as manufactured, is capable of
accepting, handling, and properly and safely functioning with the addition of
all additional equipment, amenities, modifications and alterations proposed
by the Upland Property owner. If the Upland Owner Concessionaire is
authorized to use a Mobile Cooking Concession Facility, the Upland Owner
Concessionaire shall also pay a Mobile Cooking Fee, in the fixed annual
amount of $120,000.00, payable on a monthly basis, in the amount of
$10,000.00. The monthly Mobile Cooking Fee shall be paid, in advance, on
the first day of each month, but no later than fifteen (15) days of City -issued
invoice date.
(3) No Mobile Cooking Concession Facility manufactured before 2016 or older
than 10 years shall be permitted to operate on the beachfront.
(4) Notwithstanding any other provisions contained herein, all Mobile Cooking
Concession Facilities must be removed from the beach at least one (1)
hour before sunset, shall not be permitted to remain on the beach overnight,
and shall not be located on the beach prior to one (1) hour after sunrise or,
during Sea Turtle Nesting season (April 1 to October 31) prior to the
completion of the nesting survey.
(5) In order for a Mobile Cooking Concession Facility to be approved and
permitted on the Workable Concession Area, the Upland Property must also
have secured approval of Beachfront Food and Beverage services, except in
the case of a Direct City Concessionaire Agreement, which will address the
terms and conditions for the operation of Food and Beverage services. The
use of a Mobile Cooking Concession Facility shall also require at least one
supervisory employee who must possess a Food Service Management
Certification issued by the Miami -Dade County Public Health Department.
This may be the same employee who oversees the Beachfront Food and
Beverage concession operation on the Upland Property. In addition, each
food service facility must be licensed by the Florida Department of Business
& Professional Regulation - Division of Hotels and Restaurants (8240 NW
52nd Terrace, Suite 101, Doral, Florida, 33166; telephone: 850-487- 1395).
(6) Only City -approved Concession Facilities will be permitted. All Mobile
Cooking Concession Facilities must be approved by the City Manager, in the
City's proprietary capacity, and thereafter through the City's regulatory process
by the Planning Department, Design Review Board or their designated
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authority (collectively, the "Design Review Process") as to color, size, style,
power source, additional equipment, alterations to OEM specifications, and
modifications for any given location. Any and all Mobile Cooking Concession
Facilities must receive prior approval by the City Manager, in accordance with
the City Planning Department's current Beachfront Concession Design
Guidelines or any other such design as may be approved by the City Manager
and the City's Planning Department or designated staff. No Mobile Cooking
Concession Facility, which has been manufactured prior to 2016 or older than
10 years, shall be permitted on the beachfront.
(7) Mobile Cooking Concession Facilities will only be permitted on the beachfront
in accordance with applicable City, County, State, and Federal laws, and shall
be inspected at least once per year by the City's Fire Department.
(8) Mobile Cooking Concession Facilities shall only be permitted by means of
battery powered, solar powered, or propane gas systems, that are properly
approved, permitted, and installed in accordance with applicable City,
County, State, and Federal laws. The use of electricity -producing generating
Mobile devices (generators) is prohibited.
(9) Only Concessionaires who operate a Concession Area pursuant to a request for
proposal submitted by the City of Miami Beach may be authorized to provide
Mobile Cooking Concession Facilities with patrons table seating immediately
adjacent to the cooking and/or heating Concession Facility. Each Mobile
Cooking Concession Facility may provide a maximum of ten (10) tables, with
no, more than one (1) umbrella and four (4) chairs per table. All facilities are
subject to approval by the Planning Department.
g) Take -Out Food and Beverage services provided by Mobile Cooking
Concession Facility. In connection with providing take-out Food and Beverage services, Upland
Owner Concessionaires shall pursue the use of service articles made of biodegradable or recycled
materials, including, but not limited to, tableware, serving dishes/containers, condiments, plates,
bowls, hot and cold cups, napkins, wooden coffee stirrers and flatware. The City encourages the use
of unbleached, non -coated, recycled content, paper food service articles and other fiber -based food
service articles as the most environmentally preferred alternatives. No plastic bags should be
distributed; instead, the Applicant should use paper or reusable bags (materials can vary, such as
calico, cotton, hemp, jute and others).
h) Upland Owner Concessionaires are encouraged to reduce the amount of packaging
and use packaging that does not contain packaging inks, dyes, pigments, adhesives, stabilizers, and
additives with levels of lead, cadmium, mercury or hexavalent chromium in packaging inks, dyes,
pigments, adhesives, stabilizers, and additives equal to or greater than 100 parts per million, which is
consistent with packaging statutes adopted by 19 U.S. states. The following exceptions apply to this
heavy metal threshold recommendation for packaging:
i. Packaging made from recycled materials.
ii. Packaging that is essential to the protection, safe handling, or function of
the package's content.
iii. Packaging having a controlled distribution and reuse (i.e., beverage containers
subject to mandatory deposit requirements); and
iv. Packaging or packaging component that is glass or ceramic where the
decoration has been vitrified (Definition: Vitrified glass is glass that has
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been fired at an ultra -high temperature so that it is nonporous and extremely
durable) and when tested meets specific requirements.
8) WASTE DISPOSAL.
a) The Concessionaire shall provide, at its sole expense, at least two (2) City approved
trash receptacles (one (1) for trash clearly labeled "Trash" or "Non -Recyclable" and one (1) for recyclable
materials Clearly labeled "Recyclable" with a secure lid with a seven-inch (7") round hole for depositing
recyclables within the confines of the Concession Area, approved for its use and for the use by the
public. Disposal of the contents of said trash receptacles, and the removal of all other trash or litter from
the Concession Area, shall be performed in accordance with subsection 8(b), and shall be the sole
responsibility of the Concessionaire.
b) Each Concessionaire shall be responsible, at all times throughout the day, for the collection
of all trash, litter, within the entire Concession Area. Additional trash and litter collection exercises shall
be performed prior to the placement of any umbrellas or chairs each morning, hourly by concession staff
at all concession locations between the hours of 12 PM and 5PM and at the end of each day of operation.
All such materials shall be identified as either trash or recyclable and placed in the appropriate cans for
trash or recyclable items. Unless otherwise approved in writing by Miami -Dade, County, all such
materials collected by the Concessionaire must be removed from the beach and disposed of by the
Concessionaire and shall not be placed in the Miami -Dade County or City of Miami Beach serviced trash
receptacles or dumpsters under any circumstances.
c) Food and Beverage Waste (including Mobile Cooking Concession Facilities).
Any waste items, unconsumed food or beverage, food remains such as bones, fruit skins, or other
remaining food matter will be placed in a clear plastic bag which will prevent leakage by the
Concessionaire and placed in the appropriate trash can for collection and disposal. Upland Owner
Concessionaires are responsible for all trash and debris generated by the utilization of any approved
Mobile Cooking Concession Facility on the beach.
d) The City and or the county shall charge Concessionaires for the costs of special clean up
necessary should Concessionaires fail to reasonably perform.
9) STORAGE.
a) There shall be no overnight storage of any kind east of the dune Rope and Post fence
line of any kind within the dune. The following will be permissible on the beach:
(1) Beach chairs, day beds, and cabanas will be permitted to remain within the
Workable Concession Area overnight, as long as they are in good condition, neatly
stacked, and orderly arranged side -by -side, running east and west, immediately
adjacent to the Storage Boxes/Concession Huts. All chairs, day beds, and cabanas
shall be secured with a cable and/or a locking mechanism to prevent unauthorized
access and use. This cable when removed shall be secured within the Concession
Hut to ensure that it does not get entangled and damage the beach sifting
equipment. The Upland Property will be responsible for any and all damage to
sifting equipment caused by failure to properly secure the said cable, Stacked
equipment shall not interfere with beach cleaning and grooming operations, as
determined by the City of Miami Beach. In no event shall the stacked equipment
exceed a height of eight (8) feet.
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Trailers for storage shall not be permitted anywhere on the beach at any time, or on
any adjacent dune area or spoil area (west of the dune area).The Storage or parking
of Jet Ski trailers, unless actively deploying jet skis, shall not be permitted on the
beach or any adjacent dune area or spoil area.
10) STAFFING.
a) During operating hours, each Concession Area shall have at least one (1) employee
on -site at all times.
b) All employees of the Concessionaire working within the Concession Area shall wear
uniforms, which include the name of the Concessionaire, and must always comport themselves in a
professional and courteous manner during Operating Hours. In the event the uniforms do not include the
name of the employee, then there must be an employee roster contained at the Concession Hut. The
Concessionaire is responsible for the actions, behavior, and work permits for each of its employees and
its subcontractor's employees.
c) Each Concessionaire must conduct its operations so as to maintain reasonable quiet
and make no public disturbances. Hawking to attract attention, and/or summoning or accosting any
person is prohibited. The playing of any music or allowing any other activity that disturbs the public is
prohibited.
11) SPECIAL EVENTS.
For any use or operation, other than that specifically authorized for a Beachfront Concession, the
Concessionaire must comply with any requirements imposed pursuant to Section 12-5 of the City Code
and any other applicable City, County, State, and Federal requirements. A special events permit Field
Monitor will be on site to enforce load -in, load -out, and event permit procedures and requirements. This
Field Monitor will issue Permit violations and ensure corrective action is taken in an acceptable time period
considering the nature of the violation. In the event a special events Field Monitor or the Beach
Maintenance Field Supervisor should learn of any violation involving the dune or it's vegetation, immediate
notification to the City's Environmental and Sustainability Department shall be provided.
:N►1
a) Pursuant to Section 46-92 (c)of the Code of the City of Miami Beach , as may be
amended from time to time, it is unlawful to carry onto the beach any expanded polystyrene product,
single use plastic beverage straws or single use plastic stirrers, except that the prohibition relating to
single use plastic beverage straws or plastic stirrers shall not apply to a person or patron with a disability
or medical condition that impairs the consumption of beverages without a single -use plastic beverage
straw or plastic stirrer. Concessionaires are prohibited from selling, using providing food in, or offering
the use of expanded polystyrene food service articles. Except as permitted, Concessionaire is prohibited
from selling, using, providing food in, or offering the use of plastic beverage straws or plastic stirrers on
the beach. Additionally, pursuant to Section 46-92(c) of the Code of the City of Miami Beach it is unlawful
for any person to carry onto any beach in the City or for any concessionaire to use, provide, or offer any
glass or metal bottle or glass or metal containers excluding any metal bottle or container which is
primarily composed of aluminum. Concessionaire is prohibited from selling, using, providing food in, or
offering the use of glass or metal bottles or glass or metal containers excluding any metal bottle or
container which is primarily composed of aluminum.
b) Pursuant to Section 82-7 of the City Code, as may be amended from time to time,
Concessionaire is prohibited from selling, using, providing food in, or offering the use of expanded
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polystyrene food service articles (as defined in City Code Section 82-7) on the Workable Concession
Area. A violation of this subsection (b) shall be deemed a violation under the terms of Concessionaire's
Beachfront Concession Agreement and/or grounds for revocation of a special event permit. This
subsection (b) shall not apply to expanded polystyrene food service articles used for prepackaged food
that have been filled and sealed prior to receipt by Concessionaire.
c) Additionally, pursuant to Section 82-8 of the City Code, as may be amended from time
to time, Concessionaire is prohibited from selling, using, providing food in, or offering the use of single -
use plastic beverage straws or single -use plastic stirrers (as defined in City Code Section 82-8) on the
Concession Area. A violation of this subsection (c) shall be deemed a default under the terms of
Concessionaire's Beachfront Concession Agreement and/or grounds for revocation of a special event
permit. Notwithstanding the above, the requirements of Section 82-8 shall not restrict Concessionaire
from providing a beverage with, or offering the use of, a single -use plastic beverage straw or single -use
plastic stirrer to an individual with a disability or medical condition that impairs the consumption of
beverages without a single -use plastic beverage straw or single -use plastic stirrer.
d) As additional consideration for Concessionaire's Beachfront Concession Agreement,
separate and apart from the requirements of Sections 82-7 and 82-8 of the City Code, Concessionaire
agrees:
(1) not to sell, use, provide food in, or offer the use of expanded polystyrene food
service articles on the Concession Area. A violation of this subsection (d)(1) shall
be deemed a default under the terms of Concessionaire's Beachfront
Concession Agreement and grounds for revocation of a special event permit.
Notwithstanding the above, this subsection (d)(1) shall not apply to expanded
polystyrene food service articles used for prepackaged food that have been filled
and sealed prior to receipt by Concessionaire; and
(2) not to sell, use, provide food in, or offer the use of single -use plastic beverage
straws or single -use plastic stirrers on the Concession Area. A violation of this
subsection (d)(2) shall be deemed a default under the terms of Concessionaire's
Beachfront Concession Agreement. Notwithstanding the above, Concessionaire
shall be permitted to provide a beverage with, or offering the use of, a single -use
plastic beverage straw or single -use plastic stirrer to an individual with a disability
or medical condition that impairs the consumption of beverages without a single -
use plastic beverage straw or single -use plastic stirrer.
Pursuant to Section 82-482 (a) of the Code of the City of Miami Beach, as may be amended from time to time, it
is unlawful and prohibited for any person to conduct, or permit to be conducted, the storing of beach equipment,
tents, or other materials in the vegetated dune area. It is unlawful and prohibited for any person to destroy, mutilate,
break, move, tear up, carry away, harvest, traverse upon, or alter in any manner any dune and/or beach
vegetation, fencing, rope and post, public access structures, public beach structures, or fixtures occurring naturally
or planted or erected by the city or its agents. Additionally, pursuant to Section 82-482 (a) of the Code of the City
of Miami Beach, it is unlawful for any person to walk or traverse in the dune, or drive or operate a motor vehicle in
the dunes. Lastly, it is unlawful and prohibited for any person to excavate, mine and remove, or haul sand or soil
from the beach or dune.
13) WATERSPORTS (Jet Ski and In -Water Towable) AND PARASAILING
The following regulations specifically apply to Concessionaires offering watersport concessions and/or
parasailing Concession Facilities:
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a) Propeller crafts have been approved with propeller guards for shuttle purposes to and
from the Parasail vessel only and for Parasail passenger participants only. The shuttle vessel may only
operate within an established watersports channel which is properly marked as stated in subsection
13(e). Life jackets are required to be worn by all passengers while on the shuttle vessel and the Parasail
vessel. Per Florida Statutes ("F.S.") §327.27 "A person may not operate a vessel on any waters of this
state towing a person attached to a parasail or similar device unless there is a person in the vessel, in
addition to the operator, in a position to observe the progress of the person being towed. A wide-angle
rear-view mirror is not acceptable for this purpose."
b) All operations that involve the use of a jet ski and/or in -water towable watercraft must
have a "chase watercraft vessel' of equal or greater horsepower readily available for problems that
may arise during the rental of water sports equipment and be in good working order. The "chase
watercraft vessel' is subject to the prior approval of the City.
c) The operation of all watersport activities (motorized and non -motorized) shall be
conducted outside the 300-foot restricted swim area and no closer than 400 feet of any lifeguard stand.
The location of each watersport Concession shall be subject to the approval of appropriate City
Departments.
d) Concessionaires are responsible for instructing clients on the safe operation of water
sports equipment including, without limitation, directions to stay out of all restricted swim areas; to
wear a lifejacket at all times; and how to use, and the circumstances for use of, the kill switch.
e) In its application, each Concessionaire must identify a channel (adjacent to the
Workable Concession Area) to be used as an access route through which users of watersport
equipment may leave the beachfront and enter open water. Said channel shall be a minimum of 25
feet in width and shall extend 300 feet east, and perpendicular to the shoreline and be marked by
removable, orange -colored buoys which shall be a minimum of eighteen (18) inches in diameter.
There shall be a minimum of four buoys on each side of the channel, equally spaced. The water
channel shall be marked by the Concessionaire before watersports equipment is used. The channel,
and any changes in the channel, must be approved as provided in subsection 13(n).
f) Watercraft shall not exceed "idle speed" within the channel.
g) The continuous wearing of a life jacket is required for all watersport activities (i.e.,
wave runners, jet skis, kayaks, paddle boards, and Parasailing etc.). All life jackets must be approved
by the U.S. Coast Guard and be in good condition. Concessionaires shall supply all users of
watersport equipment with life jackets in appropriate sizes.
h) Each Concessionaire must comply with the following Florida Statutes, and as such
Statutes may be amended. These statutes are overseen and enforced primarily by the State of Florida
Fish and Wildlife Conservation Commission, Division of Law Enforcement. These statutes include F.S.
§327.39, F.S. §327.395, and F.S. §327.54, as may be amended from time to time, which include, in
part, the following:
(1) All persons under the age of 14 cannot operate or rent a personal
watercraft ("PWC.").
(2) All persons 14 years of age or over, but under age 18, can operate a PWC
with a boater ID card but only a person 18 years or older may rent a PWC.
All persons lawfully able to operate a PWC shall be required to receive
instruction in the safe handling of a PWC in compliance with rules
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established by the Fish and Wildlife Conservation Commission (the
"Commission").
(3) Persons born on or after January 1, 1988 may not operate a vessel
powered by a motor of 10 horsepower or greater unless such person has
in his or her possession abord the vessel the documents required by F.S.
§327.395(2), which include photographic identification and a Florida
boating safety identification card issued by the Commission; a state -
issued identification card or driver license indicating possession of the
Florida boating safety identification card; or photographic identification
and a temporary certificate issued or approved by the Commission and
other possible acceptable documentation, as well as certain exceptions
from the foregoing requirements, as more particularly set forth in F.S.
§327.395(6).
(4) Valid identification shall be required by the Concessionaire
i) Parasailing shall be conducted only from winch boats operating beyond the restricted
swim areas. The propellered shuttle taking clientele to and from the Parasail vessel to and from the
near shore must be equipped with a propeller guard, may only operate within the marked watersports
channel and only at idle speed.
D All watercraft equipment shall meet the registration and license requirements of the
State of Florida.
k) All motorized watersports equipment shall be equipped with approved kill switches in good
working order. The watersports equipment driver shall wear the kill switch activator at all times.
1) Fueling watersports equipment is allowed on the beach under the following conditions
only: signs must be posted where the gasoline is kept; cans which are spill -proof must be used;
residents, tourists, and the general public, must be kept a safe distance from where the fuel is stored
and where the fueling process is taking place. Fuel shall not be stored on the beach overnight. Fueling
must be completed over a secondary containment vessel to prevent spillage and contamination of
beach sand. Any fuel spill on the beach shall be reported immediately to City of Miami Beach Fire,
Police, Ocean Rescue, Environment and Sustainability, and Beach Maintenance Departments.
m) The equipment permitted to be used in a watersport Beachfront Concession operation
consists of a maximum of five (5) waverunners for rent, and a combined total of six (6) kayaks and/or
paddleboards for rent. Notwithstanding the foregoing, the Beachfront Concessions located at 1601
Collins Avenue (Loews Hotel) and 4441 Collins Avenue (Fontainebleau Hotel) have additional
grandfathered equipment, including additional waverunners, banana boats, and parasail operations.
n) Any change to, or addition of, a watersport Beachfront Concession, or the
implementation of a new water channel to accommodate a new watersport Beachfront Concession
operation, shall require review by, and a recommendation from, the Marine and Waterfront Protection
Authority, as well as written approval by the City Manager or his/her designee.
ITIMET. Rene
a) A Concessionaire's Motor Vehicle shall only be allowed on the beach for purposes of
supplying the Beachfront Concession, and, if and to the extent authorized, to initially deploy
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equipment and a Trailer at the beginning of the day, to remove the equipment and Trailer (if a Trailer
is authorized) at the close of operations each day, and the Concessionaire's Motor Vehicle must leave
the beach immediately thereafter. Said supplying, deployment, and removal operations shall only be
permitted during a Concessionaire's regular hours of operation and shall be completed safely. No
Motor Vehicle or Trailer is permitted on the beach before one (1) hour after sunrise or after sunset.
Access to the beach shall only be permitted via the predetermined and assigned beach access
points/dune crossovers authorized for such use and nearest to the Concession Area as reflected in
the Concession application.
b) Motor Vehicles, including Motor Vehicles with attached Trailers, operated on the beach
shall not exceed 5 M.P.H. and shall only operate on the , hard packed sand" area in the immediate
vicinity of the Concession Area for which they serviceand are employed, or to -and- from the
predetermined and assigned beach access point for the property they serve. After transporting
equipment to a Concession Area the Motor Vehicle, and any Trailer attached thereto, shall be removed
from the beach. Driving on the beach shall be kept to a minimum. No Concession -related vehicular
traffic will be permitted on the beach, at any time or for any purpose, other than as stated and as
approved herein.
c) Eighteen -inch (18") high cones, orange in color, shall be placed in front of, and at the
rear of, a Motor Vehicle or Trailer when parked on the beach. Concessionaires must inspect the
perimeter of the Motor Vehicle or Trailer and surrounding area, prior to starting the engine, to assure
a clear path of egress and only proceed with extreme caution. Cones may only be permitted on the
beachfront as defined in Section 14 (c) (i).
d) All Motor Vehicles, Trailers and /or Concession Facilities must each display on each
side of the vehicle a "Beach Vehicle Pass" decal containing a unique Identification Number which
shall be issued and provided for by the City. No other identification or signage of any kind shall be
displayed, except that the name of the Concessionaire which owns and operates the Motor Vehicle,
Trailer, and /or Concession Facility may also be displayed, in which case the Upland Owner
Concessionaire (if any) may also add its name. The two (2) decals must be placed on opposing sides
of the vehicle (either front/back or Ief aright). The Identification Number will correspond to the number
on the City file which contains originals or copies of all applications, permits, correspondence, and
other materials which concern or relate to the Beachfront Concession and/or the Beach Vehicle Pass
decals which have been issued. Concessionaire with multiple Motor Vehicles, Trailers, or Concession
Facilities will receive a unique Identification Number for each such Motor Vehicle, Trailer and /or
Concession Facility. As to each Motor Vehicle, Trailer, or Concession Facility for which the City issues
Beach Vehicle Pass decals, the City shall advise the Concessionaire in writing of the limits applicable
to each such Motor Vehicle, Trailer, or Concession Facility, including the limited area, the limited
range, and the limited points of entry to and exits from the beach. Such limits shall be reflected in a
document issued by the City which must be displayed on the Motor Vehicle, Trailer, or Concession
Facility, at all times. The City Manager, at his/her sole discretion may require all Motor Vehicle,
Trailers, or Concession Facilities operated by Concessionaires to have telemetry or other monitoring
devices installed at the Concessionaires' expense.
e) Each Beachfront Concession shall be limited to the use of one (1) Motor Vehicle
servicing the Concession Area at a time and one (1) Trailer, to supply and/or service the Beachfront
Concession. Notwithstanding the foregoing, Beachfront Concessions authorized to provide
watersports shall be allowed one (1) additional Motor Vehicle to service the watersports operation;
and in the event the Upland Property is operating a Mobile Cooking Concession Facility, one
additional cargo cart may be approved for the delivery of supplies and the removal of reusable wares,
recyclables, and trash.
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f) Due care and caution must be utilized at all times while driving any Motor Vehicle, and
any Trailer attached thereto, on the beach. All vehicles, while entering or exiting the beach regardless
of the location, shall come to a complete stop and yield full right of way to pedestrians, bicyclists, and
others on the Beachwalk.
g) Prior to entering the beach, and at all times while on the beach, drivers must turn on
their Motor Vehicle's headlights and front and rear flashers and their Trailer's rear flashers, to the
extent that the Motor Vehicle or Trailer is so equipped.
h) Both the passenger and driver's side front windows of the Motor Vehicle shall be rolled
down while operating said Motor Vehicle on the beach.
i) All Motor Vehicles and any Trailers attached thereto, shall stay west of the garbage can
line on the hard -packed sand or within the vehicle service lane when travelling north and south, and
shall travel only north or south on the beach except to the limited extent necessary for brief periods to
deploy, service, or remove anything necessary for the Concessionaire to conduct its operations;
however, no golf carts or other motor vehicles may be used to provide "services" to individual guests
or groups of guests such as serving individually ordered food or beverages or transporting guests to
the Workable Concession Area. To the extent that a Concessionaire requires use of a golf cart or
other motor vehicle to service an event or group of guests, Concessionaire must submit a permit
application to the City of Miami Beach and pay fees associated with said permit application. All Motor
Vehicles, and any Trailers attached thereto, entering the area east of the garbage cans shall travel in
a ninety -degree angle to the garbage can line. No motor vehicles or golf carts may travel north or
south on the Beachwalk or boardwalk but may transfer to the Beachwalk or boardwalk going east or
west to access the Workable Concession Area. Notwithstanding, all Motor Vehicles shall, at all times,
remain west of all Concession Facilities and other beach equipment (e.g., chairs, umbrellas). The only
exception to this rule is for Beachfront Concessions that have been authorized to conduct watersports
activities and are in the process of deploying, servicing, or removing watersports equipment from the
Concession Area or Concessionaires who have obtained the appropriate event permit from the City
of Miami Beach. Said deployment, servicing, or removal of water sports equipment must be conducted
with no less than one additional Concessionaire employee who will be positioned on the beachfront to
directly supervise and guide said deployment, service, or removal operation, to ensure the safety of
the public. Additionally, during any deployment, service, or removal operation, the Concessionaire is
required to place no less than eight (8), eighteen -inch (18") high cones, orange in color, no less than
four (4) on the northernmost boundary and no less than four (4) on the southernmost boundary of the
projected path (from hard -packed sand to the shoreline) of the Motor Vehicle to create a clear non -
obstructed path perpendicular to the shoreline, of no less than twenty-five feet (25 ') in width (when
measured from north to south). The vehicle driver and a supervising Concessionaire employee must
independently inspect the vehicle perimeter, surrounding area, and path (once marked) before starting
the engine, to assure a clear path of ingress to the shoreline or egress to the hard packed sand, and
only then, proceed with the respective operation with extreme caution to ensure the safety of all
beachfront patrons and persons and property on the beach.
j) Use of a cellular phone or any other electronic device by the driver while the Motor
Vehicle is in motion is prohibited. The Motor Vehicle's gear shift must be placed in the "park" position
and the emergency break engaged prior to any use of a cellular telephone or any other electronic
device by the driver.
k) Concessionaires, their employees, and contractors, are prohibited from driving their
personal vehicles on the beach at any time, irrespective of whether the personal vehicle is a motor
vehicle or any other type of vehicle (e.g., motorcycle).
1) Any Motor Vehicle not reflected in an approved Beachfront Concession "Vehicle
Information Sheet," and/or not approved by the City, will be required to leave the beach immediately.
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m) Motor Vehicles and Trailers shall not be parked or left unattended on the beach, at
time or for any reason, except that golf carts and ATVs shall be permitted to park immediately east of
the dune for no more than 30 minutes, but only during the Operating Hours of the Concessionaire and
only to the extent that the emergency vehicle path remains unobstructed.
n) Each driver shall be required by the Concessionaire to drive with both hands on the
steering wheel at all times.
o) Each driver shall be required by the Concessionaire to hold at all times a valid and
effective Florida chauffeur's or driver's license (whichever the law may require) which is not suspended
or revoked.
p) Each driver shall be required by the Concessionaire to drive at all times without being
under the influence of alcohol, drugs, or any substance which may impair the Driver's ability to drive
safely.
q) Each driver shall be required by the Concessionaire, before the Driver begins his/her
work for the Concessionaire, to complete a one -hour training course on the operation of a Motor
Vehicle in compliance with the Safe Driving Agreement. The training shall include actual operation by
the Driver of the type of Motor Vehicle which the Driver is expected to drive.
01 7914 J, ► 1 ED 4 ►_ s►sit .e►
These Rules and Regulations shall be enforced by the City, as set Borth below:
a) The following monetary penalties shall be imposed for a failure to comply with
these Rules and Regulations:
(1) First offense... a penalty of $250.00.
(2) Second offense for the same violation within a 12-month period... a penalty of
$500.00.
(3) Third offense for the same violation within a 12-month period... a penalty of
$1,000.00.
(4) Fourth offense for the same violation within a 12-month period a penalty of
$2,500.00.
(5) Fifth offense for the same violation within a 12-month period a penalty of $5,000.
(6) Sixth offense and subsequent offenses for the same violation within a 12-month
period a penalty of $10,000 per occurrence.
The City may issue a written warning for first time violations in lieu of a first offense violation. Such
penalties are in addition to and separate from any violations issued by the City for noncompliance with
other sections of the City Code.
b) The City Manager, or his/her designee, through its Beachfront Field Supervisor, or
other designee, shall enforce the provisions of these Rules and Regulations. As used in these Rules
and Regulations, "Field Supervisor" shall include, but not be limited to, a Code Compliance Officer,
Park Ranger, a Police Officer or the Beachfront Field Supervisor. If a Field Supervisor finds a violation
of this section, the Field Supervisor may issue a Notice of Violation to the violator. The Notice of
Violation shall inform the violator of the nature of the violation, amount of penalty for which the violator
is liable, and instructions and due date for correcting the violation and for paying the penalty.
c) If a Concessionaire, or any of its employees or independent contractors, is the named
violator, and after issuance of the Notice of Violation, the Concessionaire fails to pay the penalty within
ten (10) days, the Beachfront Concession may be revoked by the City Manager.
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d) The City reserves the right to suspend or revoke a Concessionaire's authorization to
operate the Beachfront Concession upon the occurrence of the following two conditions:
(1) a Concessionaire, or any of its employees or independent contractors, is the
named violator, in any Notice of Violation of these Rules and Regulations; and
(2) the Concessionaire, within ten (10) days after issuance of the Notice of Violation,
fails to pay the applicable fine or
(3) the subject Concessionaire has received a total of Eight (8) notices of violation
at one property regardless of reason, during the previous twelve (12) month
period.
THE SUSPENSION OR REVOCATION SHALL BE EFFECTIVE TEN (10) DAYS AFTER THE CITY
SENDS WRITTEN NOTICE THEREOF TO THE CONCESSIONAIRE; PROVIDED, HOWEVER, THAT
THE CITY MANAGER OR HIS/HER DESIGNEE MAY ORDER THE SUSPENSION OR REVOCATION
TO BE EFFECTIVE AT ANY EARLIER TIME, INCLUDING THE TIME AT WHICH THE NOTICE OF
VIOLATION IS ISSUED, IF THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE, IN HIS/HER
SOLE DISCRETION, MAKES A DETERMINATION THAT THE CONTINUED OPERATION OF THE
BEACHFRONT CONCESSION IS A DANGER TO PUBLIC HEALTH, WELFARE OR SAFETY.
e) A notice sent to a Concessionaire of suspension or revocation, irrespective of when
sent, shall state the reason (s) for the suspension or revocation.
f) ALL BEACHFRONT CONCESSION AGREEMENTS TO OPERATE BEACHFRONT
CONCESSIONS ARE GRANTED ON A REVOCABLE BASIS. THE CITY MAY, THROUGH ITS CITY
MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE ANY PERMIT,
BEACHFRONT CONCESSION AGREEMENT OR OTHER AUTHORIZATION AT ANY TIME, BY
GIVING CONCESSIONAIRE THIRTY (30) DAYS WRITTEN NOTICE OF SUCH TERMINATION.
g) Following revocation or termination of the permit, Beachfront Concession Agreement
or other authorization, the City shall be discharged from any and all liabilities, duties, and terms arising
out of, or by virtue of, the permit, Beachfront Concession Agreement or other authorization.
h) Anyone found operating on the beach without the required licenses and approvals will
be removed from the beach and will not be allowed to apply for a Beachfront Concession for twelve (12)
months thereafter.
16. BEACHFRONT CONCESSION DESIGN STANDARDS
a) Storage Boxes
Storage Boxes shall be equipped to be fully mobile via trailer or other towing
mechanism incorporated internally, for immediate removal from the beach upon
demand by the City, or in cases of mandatory emergency evacuation. Skids shall
not be used if the Storage Boxes are to be towed.
Plans for Concession Huts and Storage Boxes shall include accurate dimensions
and scale.
Storage Boxes shall be designed for the horizontal storage of chaise lounge
pads, umbrellas, sun canopies, daybeds, and similar items and shall not exceed
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a maximum size of eight feet (8'-0") in length, eight feet (8'-0") in width and an
overall height of eight feet (8'-0") above the sand. The only exception to this rule
is for Beachfront Concessions that have been authorized to conduct watersports
which are permitted to have eight fee (8'-0") in length, sixteen feet (16'-0") in
width and an overall height of eight feet (8'-0") above the sand.
iv. Storage Boxes shall be simply designed and detailed in a manner appropriate to
the unique beach environment inclusive of construction materials and finishes
and shall be painted in a neutral or white color with or without an accent trim color
and shall be subject to the review and approval of the City Manager, in the City's
proprietary capacity, and thereafter of the Design Review Process or other
designated City staff.
No signage shall be permitted on storage facilities, except prominently displayed
plaque facing the interior of the Workable Concession Area measuring twelve
inches by eighteen inches (12" H x 18" W'), stating "BEACH OPEN TO THE
PUBLIC" and the applicable rates for Beachfront Concession services, as well
as a discreetly displayed plaque measuring four inches by six inches (4" x 6"),
identifying the Concessionaire's name, address and telephone number.
vi. The size of all of the Storage Boxes shall be included towards the overall
percentage (%) allowed within the Workable Concession Area.
b) Concession Huts
i. The Concession Huts, which are used to distribute beach furnishings and towels, shall
prominently display the signage "BEACH OPEN TO THE PUBLIC" on the north, south, and
east faces of the but in a manner not to be concealed by Beachgoers, an open door or window
shutter or flap. Concession Huts shall be for the rental of beach equipment, and/or watersports,
and/or the sale or distribution of food and /or beverages.
ii. Concession Huts shall have a maximum floor area of one -hundred (100) square feet, excluding
any platform, with exterior dimensions not to exceed 10 feet (10') in width, depth, or length and
nine feet (9'-0" ) in height from the sand to the eave line (i.e., the intersection of the roof and
the exterior walls).
iii. Any architectural projections above the eave line may not exceed twelve feet (12'-0") in height
from the sand (i.e., roof and roof related architectural elements), with the exception of poles or
masts for signage banner/ pennants attached to the facility, which shall not exceed eighteen
feet (18'- 0") in height from the sand.
iv. All roofing elements shall be appropriate to and consistent with the unique beach environment
and/or evocative of the upland architecture and shall be subject to review and approval by the
City Manager, in the City's proprietary capacity, and thereafter through the Design Review
Process or by other designated staff.
v. All Concession Huts shall be designed to preserve vistas and shall be fully open from forty-two
(42") inches above the finished floor deck to a minimum eight feet (8'-0") above the sand, with
the exception of structural columns or posts.
vi. Any security side panels that may be used as shade devices shall be fully supported from the
structure itself and shall not contain independent vertical support columns that extend directly
to the sand or perimeter platform walkway.
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vii. A detached perimeter platform walkway, no greater than 40" in width, shall be permitted to
surround the concession stand.
viii. All building construction materials and finishes shall be appropriate to and consistent with the
unique beach environment, subject to review and approval by the City Manager, in the City's
proprietary capacity, and thereafter through the Design Review Process or by other designated
City staff.
ix. All Concession Huts shall be designed so as to facilitate their immediate removal from the
beach at the end of each day, or removal upon demand by the City.
Signage shall consist of only a fabric banner/pennant only, which may be attached either to a
single mast or span between two (2) poles which are directly attached to the structure itself.
The size of the banner/ pennant shall not exceed ten (10) square feet. The overall dimensions,
wording, color, placement, design, and mounting systems for said banner/pennant shall be
subject to review and approval by the City Manager, in the City's proprietary capacity, and
thereafter through the Design Review Process or designated City staff. The wording on the
banner shall be generally limited to the name of the Upland Owner Concessionaire or the
primary establishment service
xi. Exterior surface colors and finishes shall be appropriate to the design of the structure, as well
as the surrounding beach environment, subject to review and approval by the City Manager, in
the City's proprietary capacity, and thereafter through the Design Review Process or other
designated staff.
xii. The size of the Concession Huts shall be included in the overall percentage (%) allowed within
the Workable Concession Area.
xiii. Towel bins, not to exceed 42" in height, may be permitted adjacent to the Concession Huts for
the containment of disposed towels. Such bins shall be of a wood finish and painted white to
differentiate the bins from trash receptacles.
c) Design and Layout Restrictions
i. Umbrella Signage: shall be restricted to the valance area with letters no more than
3" in height and copy limited to the name of the Upland Property and/or the Third -
Party Concession Operator, and on the top face of the umbrella the logo of either
the Upland Property or the Third -Party Concession Operator.
ii. Umbrellas will not be deployed and/or will be folded down and wrapped securely
when wind and/or gust forecasts reach Seventeen (17) miles per hour unless the
umbrella is part of an assembly using an umbrella anchor. No umbrellas may be
depkryed, even with an anchor assembly, if the wind and/or gust forecasts reach
twenty-five (25) miles per hour.
iii. Sun Canopies: shall be restricted to the area west of the lifeguard stands and shall
not exceed 4'-0" in height above the sand.
iv. Seating areas inclusive of tables and chairs shall not be permitted in or around any
of the beachfront structures, with the exception of chairs for the use of guardians
of children in the children's sand play areas and for the use of the operator to any
watersport activities.
v. Small stacking side tables with low-lying profiles, no greater than 16" in height,
associated with the distribution of food and /or beverages shall be permitted and
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shall be contained in the Storage Boxes at day's end.
vi. Children's sand play areas shall remain free of structures with the exception of
shade umbrellas and chairs for the use of guardians.
vii. In no instance shall serving trays, coolers, boxes, or other devices or objects
remain stacked or stored outside of a storage facility and visible from any vantage
point on the beach, at any time.
viii. All battery powered and mechanical equipment shall be concealed to the greatest
extent possible and not exposed or remain on vehicular trailer.
ix. All beach furniture shall be subject to approval by the by the City Manager, in the
City's proprietary capacity, and thereafter through the Design Review Process or
other designated City staff.
d) MOBILE COOKING CONCESSION FACILITIES
i. The size of a Mobile Cooking Concession Facility shall be restricted to a minimum
size of 8.5 ' x 10' to a maximum size of 8.5' x 32'. The maximum height of the
body of a Mobile Cooking Concession Facility shall be no greater than 8' in height
(container height). The suspension, tires, and wheel size of the Mobile Cooking
Concession Facility must all be of a height, width, and size sufficient to raise the
Mobile Cooking Concession Facility frame above the sand. A Mobile Cooking
Concession Facility which drags or plows the sand due to insufficient elevation
will not be permitted.
All Mobile Cooking Concession Facilities must be driven onto the sand each day
and removed each evening by a single on -road vehicle of sufficient size,
horsepower, and towing capability to accomplish the delivery to and removal from
the beach independently and without the assistance of any other vehicle or
means. No Mobile Cooking Concession Facility, which has been manufactured
prior to 2016 or older than 10 years, shall be permitted to operate on the
beachfront.
All battery power, solar panel, and other mechanical equipment shall be
concealed to the greatest extent possible and not exposed or adjacent to a Mobile
Cooking Concession Facility.
iv. Any security side panels or sun awnings, attached to or independent from the
Mobile Cooking Concession Facility, that may be used as shading devices shall
be fully supported from the structure itself and shall not contain independent
vertical support columns that extend directly to the sand.
V. In no instance shall serving trays, coolers, boxes, or other devices or objects
remain stacked or stored outside of a Mobile Cooking Concession Facility and
visible from any vantage point on the beach.
vi. In no instance shall menus, handbills, adverts, flyers, promotions, or other paper
or other disposable objects be distributed, remain stacked on/or stored outside
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of a Mobile Cooking Concession Facility.
vii. All ancillary furniture, equipment, and embellishments, independentfrom the Food
and Beverage Concession Trailers shall be subject to review and approval by the
City Manager, in the City's proprietary capacity, and thereafter through the
Design Review Process or other designated City staff, including tables, chairs,
and umbrellas.
Plans and elevations for Mobile Cooking Concession Facilities should include accurate
dimensions and scale.
In general, all Mobile Cooking Concession Facilities signage, exterior copy and graphic
imagery shall be encouraged to be creative and artistic.
iii. Exterior surface colors and finishes shall be appropriate to the design of the Mobile
Cooking Concession Facilities and compatible with the unique beach environment and/or
evocative of the upland architecture, subject to review and approval by the City Manager,
in the City's proprietary capacity, and thereafter through the Design Review Process
and/or other designated City staff.
iv. Color samples of every color to be used (except white), keyed to the four (4) Mobile Cooking
Concession Facility elevations. No primary or vibrant color(s) shall be permitted; a muted, light,
pale, or pastel color palette is highly encouraged with white as a contrasting color.
V. Highly reflective finish and material or chrome -like veneer, shall be prohibited on any
Mobile Cooking Concession Facility.
vi. Photographic or hyper realistic imagery shall be permitted along the exterior of the Mobile
Cooking Concession Facility.
vii. Line art and graphic imagery may occupy 100% of the Mobile Cooking Concession
Facility.
viii. Mobile Cooking Concession Facility signage shall be limited to one sign per long side of
the Mobile Cooking Concession Facility. The signage shall be limited to identifying the
Concessionaire's upland kitchen/hotel, the name of the Mobile Cooking Concession
Facility, and any product names. The total square footage per side shall not exceed 20
square feet. Signage lettering shall not exceed 12" in height and shall be subject to review
and approval by the City Manager, in the City's proprietary capacity, and thereafter
through the Design Review Process and/ or by other designated City staff.
ix. No portion of a sign shall extend above the Mobile Cooking Concession Facility roofline.
Any architectural projections or Mobile Cooking Concession Facility "toppers" above the
Mobile Cooking Concession Facility roofline may not exceed two feet (2'-0") in height from
the Mobile Cooking Concession Facility roof. All roofing elements shall be appropriate to
and consistent with the unique beach environment and/or evocative of the upland
architecture and shall be subject to review and approval by the City Manager, in the City's
proprietary capacity, and thereafter through the Design Review Process and/or other
designated City staff.
No paper signs, streamers, or flags may be attached to the exterior of the Mobile Cooking
Concession Facility. One menu, limited to an area of three -square feet, may be affixed to
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the exterior of the Mobile Cooking Concession Facility.
xi. General advertising of any format, including displayed commercial products, is prohibited
along the exterior of the Mobile Cooking Concession Facility.
xii. The State of Florida Department of Environmental Protection reserves the right to review
and permit all structures, including Concession Huts, Storage Boxes, and Mobile Cooking
Concession Facilities, pursuant to Section 161.56 of the Florida Statutes.
17. ALCOHOLIC BEVERAGE SALES GUIDELINES
a) Authorization and Scope: Where a valid Beachfront Concession Agreement, License
Agreement, Special Event Permit or other valid permit, authorization or agreement with, or issued by, the City
expressly authorizes the sale of alcoholic beverages (individually, an "Authorizing Instrument," and collectively,
"Authorizing Instruments") by a particular Concessionaire, permittee or other party authorized to use the
beachfront areas (individually, an "Authorized Party," and collectively, "Authorized Parties"), the Concessionaire
or other Authorized Party may be permitted to sell or serve alcoholic beverages within the designated Workable
Concession Area (or other areas) identified in the applicable Authorizing Instrument (the "Authorized Alcohol
Service Area"). An Upland Owner Concessionaire may also serve alcoholic beverages for consumption within
their Workable Concession Area so long as: (i) the Upland Owner Concessionaires Beachfront Concession
Agreement expressly authorizes the sale of alcoholic beverages: (ii) the Upland Owner Concessionaire has
secured all required licenses, permits and other regulatory approvals to sell alcoholic beverages from the
Upland Property address associated with their liquor license and/or from the Workable Concession Area; and
(iii) the Upland Owner Concessionaire complies with all requirements set forth in this Section 17 and their
Beachfront Concession Agreement. This Section 17 applies only to Authorized Parties with such express
authorization and does not create any independent right to sell or serve alcohol.
b) Preconditions: As a condition to offering alcoholic beverages within the Workable Concession
Area, the Authorized Party must: (i) maintain all required licenses and permits, including from the Florida
Department of Business and Professional Regulation/Division of Alcoholic Beverages and Tobacco, and any
City approvals required to serve alcoholic beverages: and (ii) comply at all times with all applicable federal,
state, county. and City laws and codes. including container and service -item environmental restrictions.
c) Service Parameters: Glass containers are prohibited. Containers must comply with City
environmental requirements, including allowances for containers primarily composed of aluminum and
prohibitions on expanded polystyrene and restricted plastics, as applicable, as more particularly described in
Section 7 (Food and Beverage Service) and Section 12 (Environmental) of these Rules and Regulations. Sales
and services are limited to Operating Hours and any more restrictive hours imposed by law or the applicable
Beachfront Concession Agreement or other Authorizing Instrument documents. To the extent any open -
container possession or consumption by patrons is otherwise lawfully permitted (e.g., by hotel operations under
applicable law and approvals), nothing in this Section 17 is intended to restrict such lawful possession or
consumption; provided, however, that service, sale, and consumption of alcoholic beverages pursuant to a
Beachfront Concession Agreement or other Authorizing Instrument must occur strictly within the Authorized
Alcohol Service Area or from the address associated with the liquor license (in the case of a Beachfront
Concession Agreement) and otherwise in accordance with this Section 17 and the Beachfront Concession
Agreement or other Authorizing Instrument, as applicable.
d) Operational Controls: The Concessionaire or any other Authorized Party must implement: (i)
100% ID verification; (ii) service limits and refusal -of -service protocols; (iii) boundary controls to prevent sales,
service or consumption outside the Authorized Alcohol Service Area pursuant to a Beachfront Concession
Agreement or other Authorizing Instrument, and to maintain lifeguard sightliness (iv) accredited responsible
alcohol service training for staff: (v) incident reporting and response procedures, including maintenance of daily
sales and incident logs, (vi) security staffing, including off -duty law enforcement if required by the City; and (vii)
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City -approved signage regarding rules, boundaries, and safety.
e) Insurance: Without limiting the requirements set forth in Section 5 and the Beach Concession
Insurance Requirements, attached hereto. the participating Concessionaire or other Authorized Party must
maintain liquor liability insurance on an occurrence basis, including property damage, bodily injury and personal
& advertising injury with limits no less than $1.000,000 per occurrence and aggregate of $2,000,000, naming
the City of Miami Beach as additional insured, with evidence of coverage provided at least fifteen (15) days
prior to commencing alcohol sales and maintained throughout its participation.
f) Compliance Records, Audit: The City may inspect and audit compliance with the requirements
set forth in this Section 17, the Beachfront Concession Agreement or any other Authorizing Instrument at any
time, including licenses, training records, purchase/sales records, security plans, and incident logs. Deficiencies
must be promptly cured upon notice. Material noncompliance is grounds for immediate suspension or
termination of the authorization to serve alcohol for consumption by patrons within the Authorized Alcohol
Service Area.
g) Term: No Entitlement: The authorization to sell and serve alcoholic beverages associated with
a Beachfront Concession Agreement or any other Authorizing Instrument, if granted in the City Manager's sole
discretion, exists only for the term of, and subject to, the applicable Beachfront Concession Agreement or other
Authorizing Instrument. Nothing in these Rules and Regulations should be construed to create any entitlement
to an authorization to sell and serve alcoholic beverages on the beachfront, and the issuance of such
authorization creates no entitlement to renewal or continuation. Any initial issuance, continuation,
expansion, or modification requires applicable City approvals and continued compliance with law and this
Section 17.
h) Suspension; Termination: The City Manager may suspend alcohol sales authorized pursuant
to a Beachfront Concession Agreement or any other Authorizing Instrument upon at least twenty-four (24) hours
prior notice for up to sixty (60) days in the City Manager's sole discretion. The City Manager or the City
Commission may terminate alcohol sales pursuant to a Beachfront Concession Agreement or any other
Authorizing Instrument, in whole or in part, upon at least twenty-four (24) hours prior written notice in the City
Manager's and/or City Commission's sole discretion. In addition, the City Manager may order immediate
suspension or termination if required to protect public health, safety, or welfare, as determined by the City
Manager in his or her sole discretion, or upon notice of violation of this Section 17, applicable law, or the
applicable Beachfront Concession Agreement or any other Authorizing Instrument. These remedies are in
addition to the remedies set forth in Section 15.
i) No Modification of Other Requirements: Except as expressly provided in this Section 17, all
existing operational, safety, environmental, design, waste, storage, vehicle, and enforcement requirements
(including Sections 6, 7, 8, 12, 14, 15, and 16) remain in full force and apply to alcohol sales and related
operations in the Authorized Alcohol Service Areas.
j) State Review: The City shall submit these amended Rules and Regulations, including this
Section 17, for any required State review or approval. Alcohol sales pursuant to any Authorizing Instrument or
Beachfront Concession Agreement may not commence until all such approvals are obtained.
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THIS PAGE IS INTENTIONALLY LEFT BLANK
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APPLICATION REQUIREMENTS
Enclosed herewith is a copy of the most current Rules and Regulations for Beachfront Concession
operations and Application for Beachfront Concession Operations which must be submitted and
approved by the City Manager or the City Manager's designee prior to the operation of any Beachfront
Concession. Carefully review the documents and familiarize yourself with their contents. Please
ensure that:
1) All required signatures are obtained and notarized.
2) All required certificate(s) of insurance is (are) provided.
3) Evacuation Plan is fully completed.
4) Operational Plan is fully completed, including the number of chairs, equipment, etc.
which you are requesting to place on the beach.
5) Beachfront Concession Layout (drawing) of your operation, including the dimensions
of the beachfront area you intend to use, is spec.
6) All regulatory approvals and legal requirements in connection with the operation of the
Beachfront Concession including, without limitation, review and approval by the City's
Planning Department, as part of the Design Review Process, for the Beachfront
Concession Facilities which will be placed on the Workable Concession Area.
7) List of Motor Vehicles Concessionaire will be utilizing, including make, model, color
and tag numbers
8) In the event there is an existing authorized and properly licensed watersport operation
and Applicant desires to continue operating said service, Applicant will be required to
submit a new application, with all the required documentation and approvals, for
consideration by the City.
Please submit all applications via e-mail to: Beach Maintenance Administration at
BFCAdmin(a)miamibeachfl.gov .
Once your application is reviewed and app roved, an authorization letter will be forwarded to you for
execution. Once executed and returned to the City, final authorization will be granted,
Operation of any beachfront business without proper authorization and/or permit, including but not
limited to required agreements, contracts, business tax receipt (s), insurance, approved evacuation
and operation plans, and Planning Department permits and/or authorizations which may be required,
will not be permitted.
ANY BEACHFRONT BUSINESS FOUND TO BE OPERATING WITHOUT CITY AUTHORIZATION
SHALL BE CONSIDERED TO BE TRESPASSING AND WILL BE REMOVED FROM THE BEACH
AND ANY EQUIPMENT WILL BE CONFISCATED AT CONCESSIONAIRE'S SOLE EXPENSE.
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APPLICATION FOR BEACHFRONT
CONCESSION OPERATIONS
{As amended 2026)
SECTION 1 LOCATION OF CONCESSION REQUESTED
Upland Property Address:
Name of Upland Owner
SECTION 2 TYPE OF CONCESSION(S) REQUESTED
SELECT ALL CONCESSION TYPES DESIRED BY THE UPLAND PROPERTY
❑ Commercial - (For the Public, Residents and Guests with Resort or other fees charged)
❑ Non -Commercial - (No Fees Charged, For Residents and Guests at No Fee)
❑ Food and non-alcoholic beverages - prepared and served by the upland property.
Cooking and heating will only be permitted at those facilities/locations where
cooking and heating activities have been authorized pursuant to a
Beachfront Concession permit.
❑ Alcoholic Beverage Service- $3,000 Monthly / $36.000 Annually - prepared and served
by the Upland Property which have applied and been authorized pursuant to a
Beachfront Concession permit where the Upland Owner Concessionaire has secured
all required licenses, permits and other regulatory approvals to sell alcoholic
beverages from the Upland Property address associated with their liquor license
and/or from the Workable Concession Area
❑ Beach Furnishings Rental (Beach chairs, chair pads, umbrellas, cabanas, day beds)
❑ Watersports - Jet Ski Rentals and In -Water Towable
(Only available through City authorized water channels)
❑ Parasail - (Only available through City authorized water channels)
❑ Mobile Cooking Concession Facility - $10.000 Monthly / $120,000 Annually
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SECTION 3 UFUkND PROPERTY APPLICANT INFORMATION
Name of Property:
(i.e.: Corporation Partnership, LLC. other)
Name of Authorized
Representative:
Title of Authorized
Principal Business
Address:
Email:
Office Telephone No.:
Authorized Representative Cell Phone
Number:-------------�—�------------------
Board of Directors Positions held and E-Mail
President*
Vice President:
Secretary:
Treasurer:
Each document required must be attached.
Please List Your Attachments:
1. MDC Property Appraiser, Folio Listing
2. SOF, Div. of Corporations, SUNBIZ
3. Certificate of Insurance
4. Certificates of Insurance (COI) from each Third -Party
concessionaire and each additional property
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Beachfront Concession Design Guidelines
BEACH CONCESSION DESIGN GUIDELINES
Concession Hut
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MIAMI BEACH
Beachfront Concession Design Guidelines
Large Storage Box
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Beachfront Concession Design Guidelines
Small Storage Box
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Beachfront Concession Design Guidelines
BEACH CONCESSION LAYOUT
1610 o
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MIAMI BEACH
Beachfront Concession Design Guidelines
Heating and/or Cooking Trailers
8.5' x 32'
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MIAMI BEACH
RATE AND FEE SCHEDULES FOR UPLAND OWNER CONCESSIONAIRES
All Upland Owner Concessionaires are subject to an annual upland fee. The annual upland fee is per upland
unit for each Upland Property and will increase annually based on the Consumer Price Index (CPI) of the
preceding Twelve (12) months as determined by the U. S. Department of Labor Statistics or as determined
and approved by the City Commission during the budget process. A maximum upland unit fee will be
established also to be adjusted annually based on the Consumer Price Index (CPI) of the preceding Twelve
(12) months as determined by the U. S. Department of Labor Statistics and will be applicable to the
Upland Property only. The upland unit fee associated with any additional properties are not to be included in
association with determining the maximum upland unit fee. The upland unit fee and additional property
unit fee will be required for each Beachfront Concession location, plus any applicable taxes and the activity
fee for each Concession activity, such as beach furnishings rental, Food and Beverage beach service, and
beachfront watersports rentals and parasailing if so approved. All tax receipts and upland fees shall be due
and payable on October 1st of the fiscal year or within fifteen (15) days of the City -issued invoice date.
Any required City Business Tax Receipt must be obtained prior to beginning any Beachfront Concession
operation. The available Beachfront Concession categories are listed below. The fees shall be increased
annually based on the Consumer Price Index (CPI) or as determined and approved by the City Commission
during the budget process. Authorization for Mobile Cooking Concession Facility (commonly known as Food
Trucks) require specific authorization pursuant to the Beachfront Concession permit at a fee, payable in
advance, of ten thousand dollars ($10,000) per month (in addition to fees associated with a City Business
Tax Receipt for Food and Beverage, and specific standards for the construction of Mobile Cooking
Concession Facilities and their appliances and power source, as detailed below.
2025 - 2026
Fees Associated with Beach Front Concessions
1. Upland Unit and Additional Property Fee — 33/ Unit
a. Maximum Cap for 2025— 2026 - $21,824
2. Beach Furnishings — $1,158
3. Water Sports — $1,158
New Requests — Must be presented to the Waterfront Protection Authority for consideration and
approval followed by the approval of the City Manager.
4. Food and Non -Alcoholic Beverage Service — $1,158
(Service from Upland Property)
5. Alcoholic Beverage Service -- $3,000 Monthly /
$36,000 Anntogy
(Service from Upland Property)
6. Parasail — Existing $1,158
New Requests — Must be presented to the Waterfront Protection Authority for consideration and that
approval followed by the approval of the City Manager.
7. Mobile Cooking Concession Facility - $10 000 Monthly / $120,000 Annually
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UPLAND OWNER CONCESSIONAIRE AND
THIRD -PARTY CONCESSION OPERATOR
ACKNOWLEDGEMENT AND AUTHORIZATION
Page 1 of 2
The following instrument is being signed by the authorized representative of the Upland Owner Concessionaire
and/or Third -Party Concession Operator, as applicable.
The undersigned has read and understands the attached Rules and Regulations for Beachfront Concession
operations and agrees to be bound by the terms and conditions contained herein. The undersigned agrees to be
responsible to the City for the operation of the Beachfront Concession in accordance with the terms and conditions
of the Rules and Regulations, as may be amended from time to time, even in the event that a Third -Party
Concession Operator is approved by the City to operate all or a portion of the Beachfront Concession. The
undersigned's obligations, associated with the operation of the Beachfront Concession, even if operated by an
approved Third -Party Concession Operator, shall include, without limitation, any financial obligations, such as
paying for any required occupational licenses, all permits, fees, fines, and penalties, and satisfying any liens which
may be imposed related to the Beachfront Concession or use of the Concession Area. As such, the undersigned
also agrees to ensure that any approved Third -Party Concession Operator complies with the requirements set forth
in the Rules and Regulations, as may be amended from time to time, including, without limitation, maintaining the
required Beachfront Concession insurance, abiding by the Rules and Regulations, and if the permit provides for
Food and Beverage service, maintaining a Food Service license issued by the Florida Department of Business and
Professional Regulation — Division of Hotels and Restaurants for the food service unit. The undersigned further
agrees to provide any documentation or other information which may be requested by the City in connection with
the Beachfront Concession..,
The undersigned shall indemnify, defend and hold the City harmless from any and all claims, liability, losses, and
causes of action which may arise out of the operation of a Beachfront Concession and use of the beachfront areas
pursuant to this Commercial or Non -Commercial Beachfront Concession Agreement or any other valid permit,
authorization or agreement and shall pay all claims and losses of any nature whatsoever in connection therewith
and shall defend all suits, in the name of the City, and shall pay all costs (including attorney's fees) and Judgments
which may issue thereon, This indemnification shall not be limited In any way by the type or amount of insurance
carried by me. For purposes of this Commercial or Non -Commercial Beachfront Concession Agreement, or other
valid permit, authorization or agreement, any references to Concessionaire, Upland Owner Concessionaire or Third -
Party Concession Operator shall be deemed to include any sub -contractors, employees, agents, and/or any other
person or entity acting under the direction or control of the undersigned. This indemnification provision is expressly
intended to survive termination and/or expiration of this Commercial or Non -Commercial Beachfront Concession
Agreement or any other valid permit, authorization or agreement.
The undersigned further agrees to notify the City of any sale or transfer in the interest of the Upland Owner
Concessionaire or in the Third -Party Concession Operator entity at least thirty (30) days prior to any sale or
transfer. The successor entity shall be required to apply for its own Commercial or Non -Commercial Beachfront
Concession Agreement, permit or any other valid permit, authorization or agreement in accordance with the terms
and conditions of the Rules and Regulations.
THE UNDERSIGNED FURTHER ACKNOWLEDGES THAT ALL COMMERCIAL AND NON-COMMERCIAL
BEACHFRONT CONCESSION AGREEMENTS OR OTHER VALID PERMITS, AUTHORIZATIONS OR
AGREEMENTS TO OPERATE BEACHFRONT CONCESSIONS OR USE THE BEACHFRONT AREAS ARE
GRANTED ON A REVOCABLE BASIS. THE CITY MAY, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE ANY COMMERCIAL OR NON-COMMERCIAL
BEACHFRONT CONCESSION AGREEMENT OR OTHER VALID PERMIT, AUTHORIZATION OR
AGREEMENT AT ANY TIME BY GIVING CONCESSIONAIRE OR ANY OTHER AUTHORIZED PARTY THIRTY
(30) DAYS WRITTEN NOTICE OF SUCH TERMINATION. FOLLOWING REVOCATION OR TERMINATION OF
THE COMMERCIAL OR NON-COMMERCIAL BEACHFRONT CONCESSION AGREEMENT OR ANY OTHER
VALID PERMIT, AUTHORIZATION OR AGREEMENT, THE CITY SHALL BE DISCHARGED FROM ANY AND
ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THE COMMERCIAL OR
Page 37 of 48
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MIAMI BEACH'
UPLAND OWNER CONCESSIONAIRE AND
THIRD -PARTY CONCESSION OPERATOR
NON-COMMERCIAL BEACHFRONT CONCESSION AGREEMENT OR ANY OTHER VALID PERMIT,
AUTHORIZATION OR AGREEMENT.
Under penalties of perjury, the undersigned Applicant affirms that all the Application information I have provided
herein is true and correct. The undersigned further agrees to comply with the aforementioned acknowledgements
and terms and conditions. The undersigned signatory warrants and represents that he/she has secured all
necessary authorizations from the Upland Owner Concessionaire and/or Third -Party Concession Operator, as
applicable, to execute this application and acknowledgement on its behalf. Furthermore, the undersigned affirms
that the powers and authority granted to the undersigned in his/her official position empowers the undersigned to
execute this Acknowledgement and Authorization, that is binding on the Upland Owner Concessionaire and/or
Third -Party Concession Operator, as applicable, and will be equally binding on their successors in interest during
the term of this Acknowledgement and Authorization, subject to the successor entity complying with the application
and approval process for the Commercial or Non -Commercial Beachfront Concession Agreement or any other valid
permit, authorization or agreement within thirty (30) days from the date of the sale or transfer of the Applicant's
interest.
THIS ACKNOWLEDGEMENT AND AUTHORIZATION IS SWORN TO, SUBSCRIBED, AND ACKNOWLEDGED
ON THE FOLLOWING PAGE BY THE UPLAND PROPERTY AUTHORIZED REPRESENTATIVE AND THE
THIRD -PARTY CONCESSION OPERATOR REPRESENTATIVE (IF ANY) (AS TO A BEACHFRONT
CONCESSION AGREEMENT) OR THE REPRESENTATIVE OF ANY OTHER VALID PERMIT,
AUTHORIZATION, OR AGREEMENT.
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MIAMI BEACH
UPLAND OWNER CONCESSIONAIRE AND
THIRD -PARTY CONCESSION OPERATOR
ACKNOWLEDGEMENT AND AUTHORIZATION
Page 2 of 2
Tvoe of Concession Applied For
O Beachfront Furnishings O Non -Commercial O Commercial
O Food and Beverage O Commercial Only
O Water Sports -- Jet Ski and In -Water Towable O Commercial Only
O Water Sports — Parasail O Commercial Only
O Mobile Heating and or Cooking Concession Facility (Currently $10,000 Monthly) Subject
Upland Property Name and Add
Upland Property Authorized Representative:
Signature:
Print Name and Title of Upland Property Authorized Representative
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was sworn to, subscribed, and acknowledged, before me by means of
physical presence or _ online notarization, this day of , 20 F by
who is either personally, known to the undersigned authority or has produced as identification, _
and who did/did not take an oath.
(Signature of Notary)
Name of Third -Party Concession Operator:
Print:
Name of Third -Party Concession Authorized Representative:
Signature:
Print Name and Title of Third -Party Concession Authorized Representative
(Affix Seal Here)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was sworn to, subscribed, and acknowledged, before me by means of
physical presence or _ online notarization, this day of , 20 by
who is either personally, known to the undersigned authority or has produced as identification, _
and who did/did not take an oath. (Signature of Notary) (Affix Seal Here)
(If there are additional Third -Party Concession Operators, use an additional copy of this form for each Third -
Party Concession Operator.)
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OPERATIONAL s.
Please describe your proposed operation including specific numbers and types of equipment (attach
a photograph, copy of brochures or other descriptive materials for equipment), number of
personnel, and hours of operation (NOTE: The concession is to be open and operating seven days
a week, weather permitting). If a water recreational concession attach a sketch illustrating the
placement of the Concession Hut and equipment as required in the Rules and Regulations.
Information should also include the type and number of beach chairs, type and number of umbrellas,
type and number of watercrafts, etc.
Lounge Chairs
Umbrellas
Sand Chairs
Cabanas
Lg. Storage Shed
Sm. Storage Box
Concession Hut
Food & Beverage Trailer
Mobile Cooking/Heating
Watersports Equipment
Type
Type
Type
Other Equipment
Other Equipment
Other Equipment
Other Equipment
Other Equipment
Staffing
Hours of Operation
Page 40 of 48
(Only in City Approved Locations)
(Only in City approved water channels)
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MIAMI BEACH
Please describe in full detail your evacuation plan in case of a natural disaster such as a hurricane.
All your facilities and/or equipment must be off the beach and safely stored at a private, off -site
location within one (1) hours' notice given by the City and /or within eight (8) hours of the issuance
of a Hurricane Warning by the Miami -Dade County Office of Emergency Management. Identify the
storage space, and its location, that you would use in this type of situation.
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MIAMI BEACH
Beachfront Concessionaire
Motor Vehicle Information
Complete ONLY if a Motor Vehicle will be used for this Beachfront Concession.
specify type of Motor Vehicle requested to be used by Concessionaire and if applicable, Third -
Party Concession Operator (hereafter referred to as Vehicle).
Vehide l:
Vehicle Type:
Vehicle Make and Model
Vehicle Year; Color and Tag:
Vehicle 2 :
Vehicle Type:
Vehicle Make and Model
Vehicle Year; Color and Tag:
Vehicle Type:
Vehicle Make and Model
Vehicle Year; Color and Tag:
ONLY THE ABOVE IDENTIFIED VEHCILES WILL BE DEEMED APPROVED AND CONCESSIONAIRE SHALL
NOT USEA NY ADDITOANAL VEHICLE(S) ON THE BEACH. VIOALTION OF THIS REQUIREMENT MAY RESULT
IN THE REVOCATION, SUSPENSION, AND/OR TERMNATION OF CONCESSIOANIRE'S PERMIT OR
AGREEMENT.
Signature of Authorized Upland Owner's Representative DATE
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Complete ONLY if a Motor Vehicle will be used for this Beachfront Concession.
As the Concessionaire or Third -Party Concession Operator, I am at all times responsible for the conduct
of my staff. To this point, I have read and understand the "Rules for The Operation of a Vehicle on The
Beach" and have had each of my staff who do at this time or may in the future have an opportunity or
assignment to operate a motor vehicle on the beach, read and acknowledge the understanding of the
attached "Rules for The Operation of a Vehicle on The Beach". I and all my staff and employees are
bound by the rules, terms and conditions contained in this agreement.
By my signature below I agree to abide by these rules and ensure that all of my staff agree to abide by them
as well at this time and in the future.
The driver hereby accepts, and agrees to comply with, the following rules for his or her driving
duties:
(1) Motor Vehicles shall not be driven faster than 5 M.P.H.
(2) Motor Vehicles shall be driven only on the hard -packed sand area (between the dunes
and the trash cans).
(3) Driving on the beach shall be kept to a minimum.
(4) Due care and caution must be utilized at all times while driving any Motor Vehicle, and any
Trailer attached thereto, on the beach.
(5) Prior to entering the beach and at all times while driving on the beach, the Driver will turn on
the Motor Vehicle's headlights and front and rear flashers and the Trailer's rear flashers to the extent that
the Motor Vehicle or Trailer is so equipped.
(6) Both the passenger and driver's side front windows of the Motor Vehicle (if equipped with
windows) shall be rolled down while operating the Motor Vehicle on the beach.
(7) All Motor Vehicles, with or without Trailers, shall stay west of the garbage can line on the hard- packed
sand when travelling north and south, and shall travel only north or south on the beach except to the
limited extent necessary for brief periods to deploy, service, or remove anything necessary for the
Concessionaire to conduct its operations. SEE ADDENDUM
(8) During any deployment, service, or removal operation, the Driver will place the Concessionaire -
supplied orange cones as follows: at least four cones on the northernmost boundary, and at least
four cones on the southernmost boundary, of the projected path (from hard -packed sand to the
shoreline) of the'Motor Vehicle to create a clear non -obstructed path perpendicular to the
shoreline, of no less than twenty-five feet (25') in width (when measured from North to South),
(9) During any deployment, service, or removal operation of jet skis, the Driver and a supervising
Concessionaire employee must independently inspect the Motor Vehicle's perimeter. The entire
surrounding area, and path (once marked) shall be inspected for persons and/or objects before starting
the engine, to assure a clear path of ingress to the shoreline or egress to the hard packed sand and
only then, proceed with the respective operation with extreme caution to ensure the safety of all
beachfront patrons and persons and property on the beach.
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MIAMI BEACF!
Complete ONLY if a Motor Vehicle will be used for this Beachfront Concession.
(10) Use of a cellular phone, or any other electronic, electric, or battery -powered device, by the
Driver while the Motor Vehicle is in motion is prohibited. The Motor Vehicle 's gear shift must be
placed in the "park" position and the emergency break engaged prior to any use of a cellular
telephone or any other electronic, electric, or battery -powered Device by the Driver.
(11) The Driver shall drive with both hands on the steering wheel at all times.
(12) The Driver will not park or leave unattended on the beach any Motor Vehicle or Trailer at any
time or for any reason, except that golf carts and ATVs are permitted to park immediately east of the
dune for no more than 30 minutes; only during normal business hours of the Concessionaire; and
only to the extent that the emergency vehicle path on the hard pack of the beach remains
unobstructed.
(13) Each driver shall hold a valid and effective Florida chauffeur's or operator's driver's license
(whichever the law may require) which is not now suspended or revoked. This fact is to be confirmed
by the Concessionaire/employer. The employee will maintain this license continuously in The same
status throughout the course of their employment.
(14) No driver will drive any Motor Vehicle while under the influence of alcohol, drugs, or any
substance which may impair my ability to drive safely. Each driver will immediately advise the
Concessionaire of, and will furnish the Concessionaire with, a hard copy of any ticket, summons,
citation, or similar document which alleges any such driving irrespective of when or where it occurs.
(15) 1 will immediately advise my employer (Concessionaire) of any accident which occurs, and will
furnish the City and my employer with any requested documents, concerning any accident which
occurs while I am driving any Motor Vehicle for the Concessionaire. I have not been advised of any
claim, and I am not a party to any lawsuit, arising out of or relating to any type of accident.
(16)1 have successfully completed the Concessionaire's one -hour training course on the operation of
a Motor Vehicle in compliance with this Safe Driving Agreement. The training included actual
operation by me of the type of Motor Vehicle which I am expected to drive on the beach.
Typed or Printed Driver's Name Driver's Soature Date
This form is intended to remain with the employer and copy included with the application.
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CERITIFICATION BY CONCESSIONAIRE
Complete ONLY if a Motor Vehicle will be used for this Beachfront Concession.
As the Concessionaire or Third -Party Concession Operator, I am at all times responsible for the conduct
of my staff. To this point, I have read and understand the "Rules for The Operation of a Vehicle on The
Beach" and have had each of my staff who do at this time or may in the future have an opportunity or
assignment to operate a motor vehicle on the beach, read and acknowledge their understanding of the
attached "Rules for The Operation of a Vehicle on The Beach". I and all of my staff are bound by the
rules, terms and conditions contained in the preceding pages of this Safe Driving Agreement and the
associated "Rules for The Operation of a Vehicle on The Beach".
By my signature below I agree to abide by these rules and ensure that all of my staff agree to abide by
them as well at this time and in the future.
Date and Concessionaire Signature
Typed or Printed Full Corporate Name
of Concessionaire
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BENCH
BEACHFRONT CONCESSION INSURANCE REQUIREMENTS
Each Concessionaire, licensee, permittee or other person to whose operations these Rules and Regulations for
Beachfront Concession operations apply (individually, a "Beachfront Operator" and collectively, "Beachfront Operators")
shall maintain the below required insurance in effect during the Term of the applicable concession, license, permit or
other applicable agreement or instrument. The maintenance of proper insurance coverage is a material requirement
and failure to maintain or renew coverage may be treated as a material breach of the applicable concession, license,
permit or other applicable agreement or instrument, which could result in the termination thereof.
A. Worker's Compensation Insurance for all employees of the Concessionaire or any other Beachfront
Operators as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or
disease. Should Concessionaire or any other Beachfront Operator be exempt from this Statute,
Concessionaire or any other Beachfront Operator, as applicable, and their respective employees shall
hold the City harmless from any injury incurred during performance of the Beachfront Concession
Agreement or any other authorization or permit. The exempt Concessionaire or other Beachfront
Operator shall also submit (i) a written statement detailing the number of employees and that they are
not required to carry Workers' Compensation insurance and do not anticipate hiring any additional
employees during the Term or (ii) a copy of a Certificate of Exemption.
B. Commercial General Liability Insurance on an occurrence basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury with limits no less than
$1,000,000 per occurrence, and $2,000,000 general aggregate.
C. Automobile Liability Insurance covering any automobile, if Concessionaire or other Beachfront Operator
has no owned automobiles, then coverage for hired and non -owned automobiles, with limit no less than
$1,000,000 combined per occurrence, and $2,000,000 general aggregate.
D. If alcoholic beverage sales are permitted, Liquor Liability Insurance on an occurrence basis, including
property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per
occurrence and aggregate of $2,000,000.
E. If alcoholic beverage sales are permitted, Umbrella Liability Insurance in an amount no less than
$5,000,000 per occurrence. The umbrella coverage must be as broad as the primary General Liability
coverage.
Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to
all liability policies (except Workers' Compensation) in the form of an endorsement to the Concessionaire's insurance.
Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled or
modified, except with not less than thirty (30) days' prior written notice to the City of Miami Beach c/o EXIGIS Insurance
Compliance Services, and any modification in coverage shall require the prior written approval of the City Manager.
Waiver of Subrogation — Concessionaire and/or any other Beachfront Operator agrees to obtain any endorsement
that may be necessary to effect the waiver of subrogation on the coverages required. However, this provision applies
regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of -A:VII or higher.
If not rated, exceptions may be made by the City Manager for members of the Florida Insurance Funds (i.e. FWCIGA,
FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of
Florida.
Verification of Coverage — Concessionaire or any other Beachfront Operator shall furnish the City with original
certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required
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by the Beachfront Concession Agreement, permit or any other Authorizing Instrument. All certificates and
endorsements are to be received and approved by the City before the commencement of the Term. However, failure
to obtain the required documents prior to the work beginning shall not waive the obligation of Concessionaire or any
other Beachfront Operator to provide them. The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements, required by these specifications, at any time.
CERTIFICATE HOLDER MUST READ:
City of Miami Beach
c/o Exigis Insurance Compliance Services
P.O. Box 947 Murrieta, CA 92564
Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at:
Certificates-miamibeach@riskworks.com.
Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including
limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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ADDENDUM to Beach Front Concessionaire Motor Vehicle Information Item 7
Add following from Section 14(i) of Rules:
However, no golf carts or other motor vehicles may be used to provide "services" to individual guests or groups of
guests such as serving individually ordered food or beverages or transporting guests to the Concession Area. To
the extent that a Concessionaire requires use of a golf cart or other motor vehicle to service an event or group of
guests, concessionaire must submit a permit application to the City of Miami Beach and pay fees associated with
said permit application. All Motor Vehicles, and any Trailers attached thereto, entering the area east of the garbage
cans shall travel in a ninety -degree angle to the garbage can line. No motor vehicles or golf carts may travel
north or south on the beach walk or boardwalk but may traverse the beach walk or boardwalk going east or west to
access the Concession Area. Notwithstanding, all Motor Vehicles shall at all times remain west of all Concession
Facilities and other beach equipment (e.g., chairs, umbrellas). The only exception to this rule is for Beachfront
Concessions that have been authorized to conduct watersports activities and are in the process of deploying,
servicing, or removing watersports equipment from the Concession Area or Concessionaires who have obtained
the appropriate event permit from the City of Miami Beach.
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