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HomeMy WebLinkAboutResolution 2026-34278RESOLUTION NO. 2026-34278 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION TO AMEND THE OUTDOOR DINING CONCESSION AGREEMENT TO TEMPORARILY AUTHORIZE OUTDOOR DINING CONCESSIONAIRES, EXCLUDING THOSE LOCATED IN RESIDENTIAL AREAS SUCH AS SOUTH OF FIFTH AND SUNSET HARBOUR, TO PLACE AND OPERATE TELEVISIONS, PLAYED AT A REASONABLE VOLUME, OUTSIDE THEIR ESTABLISHMENTS, BUT WITHIN THEIR RESPECTIVE OUTDOOR DINING CONCESSION AREAS, DURING THE FIFA WORLD CUP 2026, IN ORDER TO ALLOW VIEWING OF WORLD CUP MATCHES; AND FURTHER, DIRECTING THE CITY ADMINISTRATION TO INCLUDE A PROVISION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO IMMEDIATELY WITHDRAW SUCH AUTHORIZATION IF, IN THE SOLE DETERMINATION OF THE CITY MANAGER OR HIS DESIGNEE, THE OUTDOOR DINING CONCESSIONAIRE ABUSES OR OTHERWISE VIOLATES THE PRIVILEGE, OR IF NECESSARY TO MAINTAIN PUBLIC SAFETY. WHEREAS, the City of Miami Beach ("City") is an internationally recognized tourism and hospitality destination that regularly welcomes visitors from around the world daily, and even more so during major sporting and cultural events; and WHEREAS, the FIFA World Cup 2026 is anticipated to attract extraordinary international attention and bring substantial economic and tourism activity to South Florida, with reports projecting that as many as one million (1,000,000) visitors may come to Miami -Dade County during the tournament; and WHEREAS, many visitors and residents are expected to gather throughout the City's commercial districts to watch FIFA World Cup matches while enjoying food, beverages, and the City's renowned tropical scenery and vibrant outdoor dining atmosphere; and WHEREAS, temporarily permitting televisions, played at reasonable volume, within certain sidewalk cafe areas during the FIFA World Cup 2026 would enhance the visitor experience, support local businesses, activate commercial corridors, and contribute to a festive and welcoming atmosphere throughout the City; and WHEREAS, the Mayor and City Commission recognize that certain residentially sensitive neighborhoods, including South of Fifth and Sunset Harbour, may be more adversely impacted by outdoor television operations and associated noise and crowd activity; and WHEREAS, the Mayor and City Commission desire to authorize outdoor televisions at eligible sidewalk cafes located within the City's commercial districts, while excluding residentially sensitive neighborhoods, such as South of Fifth and Sunset Harbour, in order to preserve neighborhood and resident quality of life; and WHEREAS, the Mayor and City Commission further desire to ensure that any such authorization remains a revocable privilege, subject to immediate revocation if abused or violated by a sidewalk cafe operator, or if necessary to maintain public safety; and WHEREAS, this resolution authorizes an Outdoor Dining Concession Agreement amendment that temporarily waives provision(s) that prohibit outdoor televisions and allows outdoor dining concessionaires to place a television and to play FIFA World Cup matches at a reasonable volume; however, this resolution does not waive or authorize the violation of any other governing rule or regulation, including, but not limited to, the FIFA Media Rights License Regulations for Public Viewing Events (attached as Exhibit A), which Concessionaires should carefully review; and WHEREAS, this resolution does not authorize placing any television in any location that would obstruct pedestrian traffic. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby direct the City Administration to amend the Outdoor Dining Concession Agreement to temporarily authorize Outdoor Dining Concessionaires, excluding those located in residential areas such as South of Fifth and Sunset Harbour, to place and operate televisions, played at a reasonable volume, outside their establishments, but within their respective Outdoor Dining Concession Areas, during the FIFA World Cup 2026, in order to allow viewing of World Cup matches; and further, directing the City Administration to include a provision authorizing the City Manager, or his Designee, to immediately withdraw such authorization if, in the sole determination of the City Manager or his Designee, the Outdoor Dining Concessionaire abuses or otherwise violates the privilege, or if necessary to maintain public safety. PASSED AND ADOPTED this 0?0 ATTEST: MAY 2 6 2026 Rafael E. Granado, City Clerk day of rnR 11 , 2026. Steven Meiner, Mayor (Sponsored by Commissioner Alex J. Fernandez) Co -Sponsored by Commissioner Laura Dominguez Co -Sponsored by Commissioner Monica Matteo-Salinas 2 APPROVED AS TO FORM & LANGUAGE & FC)RiFXECUTION L/ 2 y Attorney ;2eR Oate NLORPIORAT Resolutions - C7 AK MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: City Attorney Ricardo J. Dopico DATE: May 20, 2026 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION TO AMEND THE OUTDOOR DINING CONCESSION AGREEMENT TO TEMPORARILY AUTHORIZE OUTDOOR DINING CONCESSIONAIRES, EXCLUDING THOSE LOCATED IN RESIDENTIAL AREAS SUCH AS SOUTH OF FIFTH AND SUNSET HARBOUR, TO PLACE AND OPERATE TELEVISIONS.. PLAYED AT A REASONABLE VOLUME, OUTSIDE THEIR ESTABLISHMENTS, BUT WITHIN THEIR RESPECTIVE OUTDOOR DINING CONCESSION AREAS, DURING THE FIFA WORLD CUP 2026, IN ORDER TO ALLOW VIEWING OF WORLD CUP MATCHES: AND FURTHER, DIRECTING THE CITY ADMINISTRATION TO INCLUDE A PROVISION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO IMMEDIATELY WITHDRAW SUCH AUTHORIZATION IF, IN THE SOLE DETERMINATION OF THE CITY MANAGER OR HIS DESIGNEE, THE OUTDOOR DINING CONCESSIONAIRE ABUSES OR OTHERWISE VIOLATES THE PRIVILEGE, OR IF NECESSARY TO MAINTAIN PUBLIC SAFETY. RECOMMENDATION BACKGROUND/HISTORY ANALYSIS The attached Resolution was prepared at the request of Commissioner Alex J. Fernandez. FISCAL IMPACT STATEMENT N/A Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https•//www miamibeachfl gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION 455 of 1709 CONCLUSION Applicable Area Citywide Is this a "Residents Right to Know" item, pursuant to City Code Section 2-17? No Is this item related to a G.O. Bond Project? m 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 City Attorney Sponsor(s) Commissioner Alex Fernandez Co-sponsor(s) Condensed Title Allow Outdoor Televisions in Sidewalk Cafe During FIFA World Cup 2026. (AF) CA Previous Action (For City Clerk Use Only) 456 of 1709 Tsui -4 _7 P(FA Public Viewing Regulations (Canada, Mexico &USA) Schedule 1 FIFA WORLD CUP 2026" FIFA MEDIA RIGHTS LICENSEE REGULATIONS FOR PUBLIC VIEWING EVENTS INTRODUCTION All Exhibitors of Public Viewing Events (as defined below) in relation to any matches of the FIFA World Cup 2026' (the "Competition") shall comply with these FIFA Regulations for Public Viewing Events (the "Regulations"). In addition to compliance with the Regulations, a formal license needs to be obtained from Licensor, i.e. either from FIFA directly or from the FIFA nominated broadcaster in the given territory, to the extent that the Public Viewing Event is categorised (as defined below) as either: • a Commercial Public Viewing Event; or • a Special Non -Commercial Public Viewing Event. For the avoidance of doubt, please note that Non -Commercial Public Viewing Events (as defined below), despite not requiring a formal Public Viewing Event license, are conditional upon the Exhibitor's full compliance with these FIFA Regulations for Public Viewing Events. 2. PUBLIC VIEWING EVENTS For the purpose of these Regulations, an event is considered a "Public Viewing Event" if at such event broadcast coverage of the Competition is made available for exhibition to, and viewing by, an audience (whether members of the general public or otherwise) in any place other than a private dwelling. By way of example, exhibitions in bars, cinemas, restaurants, stadiums, open spaces, offices, construction sites, buses, theatres, trains, armed services establishments, educational establishments and hospitals are considered as Public Viewing Events (but excluding, for the purposes of the present Regulations, any venues of the Competition, aircraft, ships to the extent that they are in international waters and any retail premises where a betting service is offered). Public Viewing Events shall comprise: (a) Commercial Public Viewing Events; (b) NonCommercial Public Viewing Events; and (c) Special Non -Commercial Public Viewing Events. a. A Public Viewing Event is considered a "Commercial Public Viewing Event" if the Exhibitor stages it for commercial purposes. An Exhibitor is considered to stage a Public Viewing Event for commercial purposes if, for example: • a direct or indirect admission fee is charged for entry to the Public Viewing Event; sponsorship or other commercial rights of association are exploited in relation to the Public Viewing Event; and/or • in any other way commercial benefit is gained from staging the Public Viewing Event. b. A Public Viewing Event is considered a "Non -Commercial Public Viewing Event" if the Exhibitor stages it for purely non-commercial purposes. 459 of 1709 Without prejudice to the foregoing, Public Viewing Events in commercial establishments, such as restaurants, hotels, pubs, clubs and bars, are still considered Non -Commercial Public Viewing Events provided that: jil the staging of public viewing events of sports broadcasts is within such establishment's ordinary course of business, - Terms of eedrft no aftil rrakeotivWci"ctivities (such as direct or indirect admission fees or sponsorship activities) take place in relation to the Public Viewing Event. Copyright ®1994 - 2026 FIFA. All rights reserved. c. A Public Viewing Event is considered a "Special Non -Commercial Public Viewing Event" if such represents a Non - Commercial Public Viewing Event which has a capacity of more than 1,000 spectators. If, and to the extent, requested by Licensor any Exhibitor shall establish evidence (of a level that FIFA deems, in its sole discretion, to be sufficient) for all factual and legal circumstances in relation to the Public Viewing Event which are required in order for FIFA to determine the category of the Public Viewing Event. Licensor's decision as to the commercial, non- commercial or special noncommercial nature of the Public Viewing Event shall be final and binding. 3. ACCESS TO BROADCAST COVERAGE Exhibitors shall be required to use the signal of the FIFA nominated broadcaster(s) of the Competition in the respective territory for their Public Viewing Event. Exhibitors are solely responsible, at their own cost and expense, for obtaining access to this signal. Exhibitors are solely responsible to ensure that such signal is fit for the purposes of being exhibited at the Exhibitor's Public Viewing Event and FIFA does not give any guarantees in this regard. 4. EXERCISE OF PUBLIC VIEWING EVENT RIGHTS No delay r r Icy.1: Broadcast coverage of the Competition shall be exhibited on a live basis only. Delayed and repeat exhibitions of the broadcast coverage are strictly prohibited. No alterations or modifications: Broadcast coverage of the Competition shall be exhibited in its entirety without any cuts, alterations, deletions, modifications, superimpositions, insertions of "crawler" messages, "squeezes", on -screen identifications or any other alterations or modifications of whatsoever nature. No replacement of commercial elements: Any broadcast sponsorship and/or commercial airtime elements contained in the broadcast coverage of the Competition used at a Public Viewing Event must not be obscured or otherwise replaced with any other commercial content by an Exhibitor at any stage of the broadcast coverage. Match coveraBe: All Exhibitors shall be required a. in the case of the opening and closing match, to commence coverage approximately twenty (20) minutes prior to kick-off to ensure coverage of the opening or closing ceremony (as applicable) until at least ten (10) minutes after the completion of the match; and for all other matches b. commence coverage at least ten (10) minutes prior to kick-off until at least ten (10) minutes after the completion of the match. NQ_political Public Viewing v n : Any association of the broadcast coverage of the Competition, or any element thereof, to any elective candidate and/or political party is strictly forbidden. 5. OWNERSHIP OF RIGHTS All copyright and other intellectual property rights subsisting in, and all goodwill associated with, the broadcast coverage of the Competition are exclusively owned by FIFA and protected by law. 6. NO USE OF COMPETITION MARKS 460 of 1709 Without prejudice to clause 5, Exhibitors may use the event title "FIFA World Cup 2026'"" in a standard font for the sole editorial purpose of informing members of the public of the time and place of a Public Viewing Event provided that in so doing, no association is created, in FIFA's opinion, between the venue of the Public Viewing Event and FIFA and/or the Competition. Imp: the use of Competition Marks within, and/or in relation to, certain venues is particularly sensitive for FIFA. Accordingly, in order to protect FIFA's intellectual property rights, Exhibitors may not use (editorial or otherwise) the event title "FIFA World Cup 2026'"" in connection with any of the following venues: • single -branded sports retail stores; • breweries; • restaurants; and - airports. In the event of any doubt as to the interpretation and/or implementation of the above provisions, please contact publicviewing fi[a� .fa.org. Other than as allowed in this clause, an Exhibitor shall not use, nor authorise the use of, any other Competition Marks (or any part thereof) or any symbol, emblem, logo, mark or designation which, in FIFA's opinion, is similar to, or is a derivation or imitation of, any of the Competition Marks. 7. LICENSES / PERMISSIONS / CONSENTS An Exhibitor shall be responsible for obtaining, at its own cost and expense, any licenses, permissions and/or consents required for a Public Viewing Event from, including but not limited to: • the official broadcaster of the Competition, to stage a Public Viewing Event (a list of all official broadcasters around the world will be made available on FIFA.com); • the relevant collecting societies; • local governmental or regulatory authorities (including in relation to security and safety matters); and iany other third parties whose consent, permission or license may be required for staging a Public Viewing vent. For clarity, Exhibitor is responsible for obtaining and maintaining all applicable permits, licenses, approvals, consents, and permissions that are necessary for each Public Viewing Event to fully comply with relevant local ordinances, rules, laws, regulations, and codes. In addition, an Exhibitor shall maintain adequate general liability insurance in order to cover the proper performance and any damages in relation to the Public Viewing Event. For the avoidance of any doubt, FIFA may not be held responsible for any damages whatsoever related to a Public Viewing Event, 8. NO RIGHTS OF ASSOCIATION An Exhibitor shall not do, nor authorize to be done, anything which, in FIFA's opinion, may give rise to the belief that an Exhibitor is in any way officially associated with FIFA and/or the Competition (for example, as a sponsor, supplier or similar). 9. SPONSORSHIP RIGHTS (COMMERCIAL PUBLIC VIEWING EVENTS ONLY) Subject to the conditions of this clause, Exhibitors may grant sponsorship rights to a Commercial Public Viewing Event, but only to the following entities: • FIFA Commercial Affiliates; and/or • locally based and operating third parties which are not, in FIFA's absolute opinion, competing with any element of FIFA's wider commercial programme. Prior to the grant of any local sponsorship rights, an Exhibitor shall be required to obtain (and maintain) FIFA's prior written approval (by way of Rublicviewing a�fifa.org). Any and all such Exhibitor requests for FIFA's approval shall: (i) be routed through the party issuing the Commercial Public Viewing Event License; and (ii) include all relevant information on the 461 of 1709 proposed third party sponsor and the proposed sponsorship rights to be granted. JMoortant: FIFA reserves the right, in its absolute discretion and at any time. to withdraw any such approval that it may have given to an Exhibitor with respect to any local sponsorship rights. Such withdrawal will entitle the Exhibitor to terminate the license in accordance with clause 12 below. FIFA retains the final decision as to whether a third party is considered "local" and/or "noncompetitive" and whether the rights proposed to be granted are "local" rights relating to a Commercial Public Viewing Event. Such local sponsorship rights may only create an association with the Commercial Public Viewing Event itself. The local sponsorship rights may not in any way give rise to the belief that a local sponsor is in any way officially associated with FIFA and/or the Competition (or any part thereof). Any FIFA decision in this regard shall be made at FIFA's sole discretion and shall be final and binding. For the avoidance of any doubt, no sponsorship rights whatsoever shall be granted to any Non -Commercial Public Viewing Event or to any Special Non -Commercial Public Viewing Event. 10, SALE OF GOODS AND SERVICES (CONCESSIONS) Permitted sales: An Exhibitor may sell, or authorise the sale of, food, beverages or other goods or services by any third party at a Public Viewing Event. For the purpose of ensuring that such concession activities do not constitute any form of express or implied sponsorship of FIFA, the Competition or a Public Viewing Event, the sale of goods or services at a Public Viewing Event shall not be conducted in any manner which may give rise to the belief that such third party is in any way officially associated with FIFA, the Competition or a Public Viewing Event (including, for example, as a sponsor, supplier or similar). When applying for a Commercial Public Viewing Event or Special Non -Commercial Public Viewing Event license, Exhibitors shall, at FIFA's and/or the Licensor's request, provide to FIFA full written details of the concession activities which are proposed to be conducted at a Commercial Public Viewing Events or Special Non -Commercial Public Viewing Event. Any FIFA approval in this regard shall be given at FIFA's sole discretion. 11. ADMISSION FEE An Exhibitor must obtain the Licensor's prior written approval to charge a direct or indirect admission fee for the exhibition of the broadcast coverage of the Competition at a Commercial Public Viewing Event. When applying for a Commercial Public Viewing Event license, an Exhibitor must indicate whether an admission fee is intended to be charged. 12. MISCELLANEOUS Amendments: FIFA reserves the right to make amendments to and/or withdraw these Regulations at any time. Such amendments and/or withdrawal will entitle the Exhibitor to terminate the license in accordance with the paragraph below. Termination and Breach of these Regulations: The Licensor may forthwith terminate the license to organize and/or stage a Commercial and/or Special Non -Commercial Public Viewing Event if Exhibitor breaches these Regulations. A breach of these Regulations may also subject an Exhibitor to prosecution under applicable laws. Exhibitors of Non -Commercial Public Viewing Events, despite not having a formal license, shall also be subject to prosecution under applicable laws in the event the FIFA Regulations for Public Viewing Events are not strictly observed. The Exhibitor may forthwith terminate the license to organize and/or stage a Commercial and/or Special Non -Commercial Public Viewing Event if FIFA (i) withdraws its approval with respect to any local sponsorship rights in accordance with clause 9 above or (ii) amends and/or withdraws these Regulations after having entered into the respective license with the Exhibitor (both (i) and (ii) referred to as an "Amendment"). Exhibitor's termination must be received by FIFA and/or the Licensor in writing within fourteen (14) days of FIFA having given notice of an Amendment to Exhibitor. 462 of 1709 REPORTING: AN EXHIBITOR SHALL PROVIDE THE LICENSOR WITH WRITTEN DETAILS OF THE DATE, PLACE AND TIME OF A COMMERCIAL PUBLIC VIEWING EVENT OR A SPECIAL NON-COMMERCIAL PUBLIC VIEWING EVENT, SPECTATOR CAPACITY, MANNER OF COMMERCIALISATION AND ENTRANCE FEE. Prevailing language: These Regulations have been drafted in English and subsequently translated into a variety of foreign languages. In the event of any discrepancy between the English language version any other foreign language version(s), the English language version shall prevail. Anti-corru i n• The parties acknowledge that giving and taking bribes can lead to criminal proceedings in accordance with art. 4a of the Swiss Federal Law on Unfair Competition and art. 322'"' and art. 322"O11S of the Swiss Criminal Code. Governing law and jurisdiction: These Regulations are to be governed by, and interpreted in accordance with, the laws of Switzerland, to the exclusion of any choice of law principles and to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods. 2y5R=: All disputes in connection with these Regulations, including disputes as to their conclusion, binding effect, amendment and termination, are to be promptly settled between the parties by negotiation. If no solution can be reached, such disputes shall, to the exclusion of any court or other forum, be exclusively resolved by an arbitral tribunal consisting of one (1) arbitrator under the auspices of, and pursuant to, the Swiss Rules of International Arbitration of the Swiss Arbitration Centre. The seat of the arbitration shall be Zurich, Switzerland and the language of the proceedings shall be English. For the avoidance of any doubt, any determination made by the arbitral tribunal shall be final and binding on the parties 13. FEE STRUCTURE A Commercial Public Viewing Event License or Special Non -Commercial Public Viewing Event License is valid for all matches of the Competition. Unless otherwise regulated with the Licensor, the fee applicable to a Commercial Public Viewing Event License or a Special Non -Commercial Public Viewing Event License is calculated in accordance with the spectator capacity of the location where the Commercial Public Viewing Event or Special Non -Commercial Public Viewing Event is staged. It is possible to request a single Commercial Public Viewing Event License or a single Special NonCommercial Public Viewing that is valid for multiple locations. Where such occurs, the overall license fee shall be calculated by aggregating the applicable cost per each separate location. Unless otherwise regulated with the party issuing the Commercial Public Viewing Event License or Special Non - Commercial Public Viewing Event License, the applicable fee(s) shall be due and payable immediately upon receipt of a request for payment which details the account to which payment of the applicable fee(s) shall be made by the Exhibitor and/or which contains details for payment of the applicable fee(s) by way of credit card. 14. DEFINITIONS All capitalized expressions used herein shall have their respective meanings as set out below unless the context otherwise expressly requires, and any phrase introduced by the terms "including", "include", "in particular", "for example", "such as" or any similar expression shall be illustrative and shall not limit the sense of the words preceding or superseding those terms. Commercial Public Viewing Event shall have the meaning ascribed to it in clause 2 of these Regulations. Competition means the FIFA World Cup 2026'". 463 of 1709 Competition Marks mean the official Competition emblem, title and logos (including the mascot and the trophy). Exhibitor means a person or entity that organizes and/or stages a Public Viewing Event. FIFA means the Feddration Internationale de Football Association of FIFA-Strasse 20, 8044 Zurich, Switzerland. FIFA Commercial Affiliate means any entity to which any sponsorship or other commercial rights have been, or may be, lawfully assigned, licensed, sublicensed or subcontracted by, or on behalf of, FIFA in relation to the Competition (or any part thereof), including "FIFA Partners" and "National Supporters". Please note that by the time these Regulations are issued, FIFA is yet to appoint all of its sponsors for the Competition. Therefore, the list might not be exhaustive. Licensor means, as per the license granted to the Exhibitor, either FIFA or the FIFA nominated broadcaster of the Competition in the given Territory in which the Public Viewing Event will be held. Non -Commercial Public Viewing Event shall have the meaning ascribed to it in clause 2 of these Regulations. Public Viewing Event shall have the meaning ascribed to it in clause 2 of these Regulations. Regulations mean these FIFA Regulations for Public Viewing Events in relation to any matches of the Competition. Special Non -Commercial Public Viewing Event shall have the meaning ascribed to it in clause 2 of these Regulations. 464 of 1709