2001-24571 Reso
\...
RESOLUTION NO.
2001-24571
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING THE
SECOND AMENDED AND RESTATED RULES AND REGULATIONS FOR
BEACHFRONT CONCESSION OPERATIONS THAT INCLUDE
AMENDMENTS (1) REQUIRING THAT ONLY UPLAND OWNERS MAY
APPLY FOR BEACHFRONT CONCESSION OPERATIONS;
(2) PROVIDING FOR A NEW FEE SCHEDULE BASED ON NUMBER OF
UPLAND UNITS; (3) PROVIDING A DEFINITION FOR WATERSIDE
EQUIPMENT THAT MAY BE USED IN SWIM AREAS, THE NUMBER OF
WHICH SHALL BE DETERMINED BY THE ADMINISTRATION; AND (4)
PROHIBITING BEACHFRONT COOKING AND/OR HEATING, EXCEPT
FOR EXISTING COOKING AND HEATING FACILITIES AT THEIR
EXISTING LOCATIONS; FURTHER RESTATING THAT
CONCESSIONAIRES MUST COMPLY WITH SPECIAL EVENT PERMIT
GUIDELINES AS SET FORTH IN ORDINANCE NO. 2001-3302, AS
AMENDED; FURTHER REPEALING ANY AND ALL PREVIOUSLY
APPROVED AND/OR AUTHORIZED RULES AND REGULATIONS FOR
BEACHFRONT CONCESSION OPERATIONS IN CONFLICT WITH THE
ABOVE AMENDMENTS
WHEREAS, on January 31, 2001, the Mayor and City Commission approved and
adopted the First Amendment to the Rules and Regulations for Beachfront Concession
Operations; and
WHEREAS, on June 27, 2001, the Mayor and City Commission directed the
Administration to revisit the issue of cooking and heating on the beachfront; the minimum
size requirements for facilities to accommodate same; and to provide for a description of
waterside equipment that may be used in non-watersport channel areas and swim zones;
and
WHEREAS, on June 27, 2001, tpe Mayor and City Commission further requested
that the Administration also include previously recommended amendments to the existing
Rules and Regulations requiring that only upland owners may apply for beachfront
concession permits; providing for a new fee schedule based on number of upland units;
and incorporating the existing design guidelines and approval procedures for facilities used
for dispensing of services and/or storage of equipment and supplies associated with
beachfront concession operations; and
\
WHEREAS, on July 25, 2001, the Mayor and City Commission directed the
Administration to address new issues related to: beach chair density and layout; size of
storage containers for umbrellas and chair pads; food dispensing facility design criteria;
and the watersports moratorium; and
WHEREAS, the City's Marine Authority and Beach Preservation Committee
previously reviewed these matters and provided their recommendations; and
WHEREAS, the Administration held a workshop with hoteliers and concessionaires
to address beach chair density and layout, storage container size, and the watersports
moratorium; and
WHEREAS, the Administration met with design review staff to address storage
container sizes and food dispensing facility design criteria; and
WHEREAS, the recommendations received at the workshop and from City staff
have been considered, although some of the issues remain unresolved; and
WHEREAS, the attached Second Amended and Restated Rules and Regulations
for Beachfront Concession Operations, attached hereto as Exhibit A, addresses those
issues requested by the Mayor and City Commission which have been resolved by (1)
requiring that only upland owners may apply for beachfront concession operations;
(2) providing for a new fee schedule based on number of upland units; (3) providing a
definition for waterside equipment that may be used in swim areas; and (4) providing for
the cooking and/or heating of food.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission approve and adopt the Second Amended and Restated Rules and
Regulations for Beachfront Concession Operations, attached hereto as Exhibit A, and
which: (1) require that only upland owners may apply for beachfront concession operations;
(2) provide for a new fee schedule based on number of upland units; (3) provide a
definition for waterside equipment that may be used in swim areas, the number of which
shall be determined by the Administration; and (4) prohibiting beachfront cooking and/or
heating except for existing cooking and heating facilities at their existing locations, and
further restating that concessionaires must comply with special event permit guidelines as
set forth in Ordinance No. 2001-3302, as amended; and further repealing any and all
previously approved and/or authorized Rules and Regulations for Beachfront Concession
Operations in conflict with the above amendments.
PASSED AND ADOPTED this 5th day of September , 2001.
~r~
CITY CLERK APPROVED-
FORM a LANGUA
T:\AGENDA\2001\SEP0501 \REGULAR\BCH~C 12/21/01
MAYOR
ATTEST:
~ ~:J-
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Neisen O. Kasdin and DATE: September 5, 2001
Members of the City com~miSSion .
Jorge M. Gonzalez \ I
City Manager ~
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING THE
SECOND AMENDED AND RESTATED RULES AND REGULATIONS FOR
BEACHFRONT CONCESSION OPERATIONS THAT INCLUDE
AMENDMENTS (1) REQUIRING THAT ONLY UPLAND OWNERS MAY
APPLY FOR BEACHFRONT CONCESSION OPERATIONS; (2)
PROVIDING FOR A NEW FEE SCHEDULE BASED ON NUMBER OF
UPLAND UNITS; (3) PROVIDING A CLASSIFICATION FOR WATERSIDE
EQUIPMENT THAT MAY BE USED IN SWIM AREAS; AND (4)
PROVIDING FOR THE COOKING AND/OR HEATING OF FOOD; AND
FURTHER PROVIDING FOR AN EFFECTIVE DATE AND REPEALING
ANY AND ALL PREVIOUSLY APPROVED AND/OR AUTHORIZED
RULES AND REGULATIONS FOR BEACHFRONT CONCESSION
OPERATIONS
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
History
Since January 6, 1999, the City Administration has presented to the Mayor and City Commission
various proposals to comprehensively amend the City's Rules and Regulations for Beachfront
Concession Operations. These proposals were brought forth in an effort to improve the aesthetics,
provide better organization and management of beach front activities, improve safety, and enhance
the overall beachfront experience for the residents, tourists and community at large. The proposals
were the subject of numerous community and committee meetings and workshops numbering more
than 40 in the past two and one-half years, including the Land Use and Development Committee,
Beach Preservation Committee, Marine Authority, State of Florida Department of Environmental
Protection, Beach ConcessionaireslUpland Owners/Public Workshop, Beachfront Master Plan
Steering Committee, City Commission Workshops, Finance and Citywide Projects Committee, and
Greater Miami and the Beaches Hotel Association (Hotel Association).
AGENDA ITEM
DATE
(d;7E-
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- 2 -
For varying reasons consensus could not be reached with certain committees, concessionaires, and
upland owners, thus support for adoption of the Rules and Regulations at time of presentations to
the City Commission was lacking from these groups and the City Commission did not adopt the
proposals. However, by May of2000, it appeared that consensus had been reached with a majority
of the interested and affected parties, and as such, on May 10,2000 the Administration, once again
recommended to the City Commission adoption of a comprehensive Rules and Regulations package
which included:
. A requirement that only upland owners may apply for beachfront concession permits.
· A new fee scheduled based on the number of upland units.
The above amendments, and in particular the new fee schedule was developed in concert with the
Greater Miami and the Beaches Hotel Association at a meeting held on February 29,2000, at the
request of the City's Finance and Citywide Projects Committee. At said meeting the hoteliers
present concurred on a compromise proposal, which was presented on April 7, 2000, to the Finance
and Citywide Projects Committee, and supported by the Administration, to establish a concession
fee of$15.00 per upland unit per year, with a maximum of$10,000 per upland property, and annual
increases based on the Consumer Price Index. The Finance and Citywide Projects Committee further
supported a compromise recommendation that the fee structure be evaluated after a one year period,
and any changes thereto be approved by the City Commission prior to implementation.
During said May 10, 2000, City Commission meeting, the issue was discussed and the Rules and
Regulations appeared to be on the verge of being adopted. However, hotel representatives brought
forth a new issue which they had previously overlooked related to limitations on beachfront usage
which were based on beach depth (east to west). It was determined that certain hotels would be
negatively impacted by the recent and ongoing beach erosion seaward of their respective properties.
Due to the concerns raised by the hoteliers, the Mayor and City Commission did not accept the
Administration's recommendations and requested that a Commission workshop be held, at which
time it was concluded that resolution ofthe Hoteliers concerns could not be holistically addressed
without resolving the pending matter with the State of Florida Department of Environmental
Protection (DEP).
In light of the State of Florida's lack of response with regard to the City's request for its review of
the comprehensive amendments to the Rules and Regulations, at the January 10, 2001, City
Commission meeting the Administration provided recommendations via Commission Memorandum
No. 29-01. The Mayor and City Commission approved the recommendations and directed the
Administration to amend the existing Rules and Regulations accordingly, pending the approval of
the proposed comprehensive Amended Rules and Regulations package.
As such, on January 31, 2001, a first amendment to the existing Rules and Regulations were
approved by the Mayor and City Commission. Said amendments were limited to the following:
. Cooking and Heating Facilities: Cooking and/or heating facilities were prohibited on the
beachfront effective October 1, 2001. Only the sale of foods that do not require cooking
and/or heating will be allowed.
- 3 -
. Generators and/or Combustible Fuels: As a result of the aforementioned, the use of
generators and/or combustible fuels, which may be used for heating and/or cooking purposes,
would also be prohibited effective October 1, 2001.
. Concession Trailers and Trucks: The use of trailers and/or trucks, as defined in Miami Beach
City Code Section 106-151(Attachment II), for dispensing of services and/or storage of
equipment and supplies associated with beachfront concession operations was prohibited on
the beachfront effective October 1, 2001. Only City approved facilities (kiosks, huts, storage
containers) that comply with current design guideline policies and Rules and Regulations
would be permitted.
On June 27, 2001, at the request of Commissioner Smith, the matter of cooking and heating on the
beachfront was revisited and discussed by the Mayor and City Commission. As a result of those
discussions the Mayor and City Commission directed the Administration to provide a proposal to
amend the existing Rules and Regulations with the regard to the following items:
(1) that only upland owners may apply for beachfront concession operations
(2) providing for a new fee schedule based on number of upland units
(3) providing a classification for waterside equipment that may be used in non-channel areas or
swim zones
(4) re-establishing the provision to permit cooking and/or heating of food
(5) providing for design guidelines and approval procedures for facilities used for dispensing of
services and/or storage of equipment and supplies associated with beachfront concession
operations
On July 25,2001, the Administration presented to the Mayor and City Commission a proposal which
included the aforementioned amendments. At said time, certain hoteliers expressed concerns over
the proposed design guidelines as they relate to storage facility size, and a newly raised issue related
to the deployment and placement of beach chairs and umbrellas.
In response to said concerns the Mayor and City Commission deferred the matter and directed the
Administration to meet with hoteliers and concessionaires and address those concerns. On
August 14,2001, a workshop was held with members ofthe Hotel Association and other hoteliers,
and included attendance by concessionaires, Marine Authority members and Beach Preservation
Committee members. At that meeting, the Administration provided options (attached hereto) related
to storage facility design, chair deployment, and the watersport moratorium for purposes of
discussion, which included recommendations previously received, as follows:
Marine Authority Recommendations:
. Do not lift Moratorium (however, Roney Palace should be considered, due to its
previously existing channel)
. No watersport channels south of 15th Street
Beach Preservation Committee Recommendations:
· Do not lift Moratorium
· No watersport channels south of 15th Street
- 4-
Business Resolution Task Force Recommendations:
. Moratoriums not meant to be permanent. City should address matter comprehensively
After much discussion, the Hotel Association members recommended the following:
.
Storage facilities to be of the upright variety (approx. 8' high x 8' wide x 10'long) to provide for
reduction in number of storage facilities and allow for maximum preservation of equipment.
.
Chair deployment should not be limited nor restricted and be left to the sole discretion of
concessionaires to allow for greatest flexibility and provide for optimum service to beach
patrons.
.
No consensus was reached on the Watersport issue and the matter was referred to a sub-
committee which is to meet on September 14,2001.
Additionally, City Design Review staff, has reviewed the guidelines with respect to facilities for
cooking and heating and facilities for storage of equipment. Staff recommended that the design
guidelines be referred for full Design Review Board (DRB) comments and recommendations. As
such, the matter was forwarded to the DRB and is scheduled to be discussed at its September
14,2001 meeting. The Administration also recommends awaiting the DRB's comments prior to
providing a formal recommendation to the Mayor and City Commission on the design guidelines.
Proposed Amendments
In accordance with the aforementioned the Administration is proposing to amend the existing Rules
and Regulations as follows:
· Upland Owner as Beachfront Concession Applicant:
Provides that only upland owners may apply for beachfront concession permits, and as such
provide for a more proactive role by the owners in ensuring the quality of concession operations,
the degree of safety, and the upkeep of the beachfront. Moreover, owners responsibilities would
be expanded to include responsibility for concession operations, including financial obligations
to the City (e.g. required occupational licenses, permits, fees, and/or any fines, penalties, and the
satisfaction of any liens, which may be imposed).
· Fee Schedule:
Provides for a new fee schedule with a base fee of$15.00 per upland unit, with a maximum of
$10,000 per upland property for each concession location. These fees shall be due and payable
in advance prior to issuance of a Concession Permit, and prior to October 1, of each year
thereafter. The fees will increase each Fiscal Year based on the Consumer Price Index. The base
fee will be evaluated after a one year period (from adoption of theses Rules and Regulations) and
any changes thereto must be approved by the City Commission.
- 5 -
· Cooking and Heating Facilities:
Cooking and/or heating facilities will be permitted on the beachfront from properly approved
facilities and in accordance with applicable municipal, county, state, and federal laws and
guidelines. As a result of the aforementioned, the use of propane gas for heating and/or cooking
purposes, will also be permitted in accordance with applicable municipal, county, state, and
federal laws and guidelines. If a hardship occurs for existing operators, a reasonable time frame
may be established to allow concessionaires to comply with the applicable requirements. The
design standards have been referred to the Design Review Board for their comments and
recommendations. As such, it is recommended that any currently existing cooking and heating
facilities which are properly permitted and licensed as of the date of the adoption the proposed
Rules and Regulations be permitted to remain for a period of six (6) months from said adoption
date. At the end of said six month period, all cooking and heating facilities will have to comply
with the Rules and Regulations, as amended, and comply with approved design standards.
. Waterside Equipment That May Be Used in Non-Channel Areas and Swim Zones:
This matter was referred to the Beach Preservation Committee and Marine Authority, both of
which discussed the mater at their respective July 10, 2001, meetings. Although no formal
written recommendation has been received from the Beach Preservation Committee, the
Committee's liaison has advised that they recommended that only kayaks and snorkeling
equipment be additionally permitted for rental by concessionaires. Kayaks are not being
addressed at this time, as they are part of the recommendations related to watersport channels
that will be forthcoming in September of 2001. The Marine Authority recommended (see
attached July 13,2001, memorandum) that concessionaires be permitted to rent non-motorized
watercraft and other non-motorized water related equipment in non-channel areas, but not in
guarded swim zones.
The Administration recommends that following items be considered as part of the existing
Beachfront Equipment category:
Snorkeling Equipment (e.g. masks, fins, snorkel)
Personal Inflatable Devices (e.g. inner tubes, rafts, floats, water wings)
Personal Non-Inflatable Devices (e.g. donuts, floats, noodles, kick boards, boogie board)
Miscellaneous Beach Toys (e.g. beach ball, bucket/shovel/rake, kadima paddles, frisbee,
small kites, water guns, volley balls, soccer balls, footballs)
· Chair Deployment:
In reviewing the comments of the various committees, interested organizations and staff, there
does not appear to be clear consensus on this matter. The Concession Agreement that is being
negotiated with Boucher Brothers Miami Beach, LLC contains language which may be
acceptable to all parties concerned. As such, the Administration recommends that this matter
be deferred until such time as the City has an opportunity to present the negotiated language in
the Lummus Park contract to the interested parties and formulate and seek their concurrence
and/or an acceptable alternative.
- 6-
. Design Standards for Concession Facilities Used for Dispensing Services and/or Storage:
Guidelines and approval procedures for facilities used for dispensing of services and/or storage
of equipment and supplies associated with beachfront concession operations should be deferred
until such time as DRB completes their review of same, and provides its recommendations.
The permitting of concession activities will continue to be limited to three general categories, which
also require licensing through the City's Occupational License Division, although the beach
equipment category will be amended by the inclusion of waterside equipment. These categories are:
. Beachfront Equipment Rental: This category encompasses the rental oflounge chairs, lounge
chair pads, umbrellas, and sun canopies, and has been amended to include waterside
equipment, which may be used in designated swim areas or other non-channel areas.
. Beachfront Food and Beverage Sales: This category is limited to food and non-alcoholic
beverage sales, and will continue to permit cooking and heating.
. Water~ort Equipment Rental: This category currently encompasses the rental of motorized
personal watercraft, kayaks, canoes, boogie boards, etc. The proposed amendment does not
address expansion or contraction of watersport locations. However, this category will be
comprehensively addressed separately in a proposal that will be presented to the Mayor and
City Commission on October 17th, pending the input from the Hotel Association
Subcommittee, and which may include the development of a separate category for non-
motorized water craft which will include some of the equipment recommended by the Marine
Authority and Beach Preservation Committee.
The Administration recommends that the Mayor and City Commission adopt the attached Resolution
which provides for the approval of the second Amended and Restated Rules and Regulations for
Beachfront Concession Operations, attached hereto as Exhibit "A"; and the repeal of any and all
previously approved and/or authorized Rules and Regulations. The Administration further
recommends that the Amendments become effective immediately in order to provide new applicants
for concessions the opportunity to prepare and submit their applications prior to the beginning of
FY 2001-2002 on October 1,2001.
JMG:CM'g~:!R /'
Attachments V
T:\AGENDA \2001 \SEP0501 \REGULAR\BCHRLAMD.MEM 8/30/01
Exhibit "A"
m
City of Miami Beach
BEACHFRONT CONCESSION
Application Information
All Upland Owner/Concessionaire applicants are required to obtain written City
authorization, a City Occupational License, and any other permit and/or authorization
required from the City's Planning Department, in addition to meeting any other County,
State, or Federal requirements. Requests for new concessions will only be considered for
Beach Equipment rental and Food and Beverage sales. Applications for new watersport
and/or cooking and heating concession.locations are not being considered at this time.
All authorizations to operate are being granted on a revocable basis, with thirty day written
notice at the City's sole discretion.
All beachfront concession operations are subject to an annual fee of $15.00 per upland
unit, with a maximum of $10,000 per upland property will be required for each concession
location, plus any applicable taxes. These fees shall be due and payable in advance prior
to issuance of a Concession Permit, and prior to October 1, of each year thereafter. City
Occupational Licenses for each type of activity requested and approved must be obtained
prior to beginning any concession operation. The available categories are listed below:
o Beach Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $575.00 per year
Beach chairs, chair pads, umbrellas, sun canopies
Snorkeling Equipment (e.g. masks, fins, snorkels)
Personal Floatation Devices (e.g. rafts, donuts, water wings, noodles, boogie board)
Miscellaneous Beach Toys (e.g. beach ball, bucket/shovel/rake, kadima paddles)
o Food and Beverage ................................ $575.00 per year
o Water Sports (only for those with existing City channels) . . .. $575.00 per year
APPLICATION REQUIREMENTS
Enclosed herewith is a copy of the most current Rules and Regulations for Beachfront
Concession Operations and other documentation required for submission of a beachfront
concession application. Carefully review the documents and familiarize yourself with their
contents.
Please ensure that:
1) all of the required signatures are obtained and notarized
Page 1 of2
BEACHFRONT CONCESSION
Application Information (continued)
2) the original certificate(s) of insurance are provided
3) the evacuation plan is fully completed
4) the operation plan is fully completed, including the number of chairs,
equipment, etc, that you intend to place on the beach.
5) the drawing of the layout of your operation, including the dimensions of the
beach front area that you are using, or intend to use, is provided
6) that all submissions required by the Planning Department (Design Review
Process) are provided.
7) in the event there is an existing authorized and properly licensed watersport
operation and applicant desires to continue operating said service, a new
authorization will be subject to review and the non-binding recommendation
of the City's Marine Authority prior to the Citys issuance of authorization and
respective occupational license to operate same.
Please submit all applications to:
City of Miami Beach
Office of Asset Management
1700 Convention Center Drive, 3rd Floor
Miami Beach, Florida 33139
Once your application is reviewed and approved, a letter of authorization will be forwarded
to you for execution. Once said letter is executed final authorization will be granted and
you may request your Occupational License.
Please be advised that operation without City authorization, including an Occupational
License, Insurance, approved evacuation and operation plans, and Planning Department
permits and/or authorizations which may be required, will not be permitted.
ANY BEACH CONCESSION 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
CONFISCA TED.
If you have any questions please do not hesitate to contact the Office of Asset
Management, at (305) 673-7000, extension 6727.
F:\DDHP\$ALL\ASSET\BEACHFRN\INFORMA.NEW (Amended 9/20101)
Page 2 of2
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City of Miami Beach
APPLICATION FOR
PRIVATE BEACHFRONT CONCESSION
(as amended through September 20,2001)
SECTION 1:
LOCA TION OF CONCESSION REQUESTED
Address:
Name of Upland Entity:
(e.g. name of hotel, or Other)
SECTION 2:
TYPE OF CONCESSION(S) REQUESTED
D Food and non-alcoholic beverages (*cooking/heating prohibited)
D Beach equipment rentals (beach chairs, chair pads, umbrellas, sun canopies, snorkeling
equipment, personal floatation devices and iscellaneous beach toys)
D Watersports equipment rentals (applications for new locations not being considered)
SECTION 3.
APPLICANT INFORMATION
Name of Upland Owner (Concessionaire):
Authorized Representative:
Principal Office Address:
(i.e. Company, Corporation, Individual)
(Name)
(Title)
Telephone Number:
Facsimile No.
CHECK ONE:
( ) Individual
( ) Partnership
( ) Corporation
If a Corporation, Section 4 on the following page must be fully completed.
* Cooking and heating will only be pennitted at those facilities/locations where cooking and heating activities were
being conducted and possessed a valid/current occupational licensed from the City on September 5, 2001.
(continued on Page 2)
(Amended & Restated as of 09/20/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.A&R
Page 1 of 13
Rules and Regulations for
PRIVATE BEACHFRONT CONCESSIONS
APPLICATION (continued)
SECTION 4:
CORPORATE INFORM A TION
Corporate Name:
Date of Incorporation:
State Incorporated:
If Foreign, Date of Registration with Florida Secretary of State:
Name of Registered Agent:
Address of Registered Agent:
President's Name:
Vice-President's Name:
Treasurer's Name:
Board of Directors:
State Incorporated:
If Foreign, Date of Registration with Florida Secretary of State:
SECTION 5:
RATE AND FEE SCHEDULES
A base fee* of $15.00 per upland unit, with a maximum of $10,000 per upland property will
be required of each concession location. These fees shall be due and payable in advance prior
to issuance of a Concession Permit, and prior to October 1, of each year thereafter. The fees
will increase each Fiscal Year based on the Consumer Price Index.
* The base fee will be evaluated after a one year period (from adoption of theses Rules and Regulations) and any
changes thereto must be approved by the City Commission.
(Amended & Restated as of 09/20/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.A&R
Page 2 of 13
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City of Miami Beach
Amended and Restated
RULES AND REGULATIONS
FOR BEACHFRONT CONCESSION OPERATIONS
(as of September 20, 2001)
The City of Miami Beach has established policies and procedures concerning the management
and operation of beachfront concessions. The following rules and regulations shall apply to
all beachfront concession operators.
1. If the concession includes food and beverage service, then at least one supervisory employee
must possess a Food Service Management Certification issued by a County Public Health
Department in Florida. In addition, each food service unit, cart or facility must be licensed
by the Florida Department of Business Regulation - Division of Hotels and Restaurants
(8405 N.W. 53rd Street, Miami; telephone number is 470-5680).
2. Cooking and heating will only be permitted at those facilities/locations where cooking and
heating activities were being conducted and possessed a valid/current occupational licensed
from the City on September 5, 2001. Cooking and lor heating facilities will only be permitted
on the beachfront in accordance with applicable municipal, county, state, and federal laws.
Cooking and/or heating shall only be permitted by means of battery powered or propane gas
system, properly approved, permitted and installed in accordance applicable municipal,
county, state, and federal' laws. The use of electricity producing generating devices
(generators) is prohibited.
Notwithstanding any other provisions contained herein, all cooking and/or heating facilities
must be removed from the beachfront at the end of each day (prior to sundown) and shall not
be permitted to remain on the beach overnight.
3. The Upland Owner Concessionaire shall provide, at its sole expense, at least two (2) trash
receptacles within the confines of the area approved for its use and for the use ofthe public.
Disposal of the contents of said receptacles and removal of any trash or debris within the
approved area, shall be done on a daily basis, and shall be the sole responsibility of the
Upland Owner Concessionaire.
4. An Upland Owner Concessionaire must provide the City written acknowledgment (see
Page 13), of its understanding of, and agreement to abide by, these Rules and Regulations
prior to receiving permission to operate behind the respective upland property. Said
acknowledgment must contain the name, title, and signature of an authorized representative
(Amended & Restated as of 09/20/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.A&R
Page 3 of 13
Amended and Restated
Rules and Regulations for
PRIVATE BEACHFRONT CONCESSIONS
of the Upland Owner, and must be notarized. The Upland Owner Concessionaire's
application will not be considered until said acknowledgment is presented to the City's Office
of Asset Management. Applications will not be considered to be complete if this, or any
other information which is required as part of this application, is not properly submitted or
is incomplete. The City reserves the right to request that any required documentation or
information be updated and resubmitted if it is deemed necessary by the City in order to
clarify and/or confirm the current status of said Upland Owner acknowledgment. Any
Concession Permit granted pursuant to these Rules and Regulations shall not be construed
to vest any additional rights upon the Upland Owner Concessionaire that do not otherwise
exist, except for the privilege of temporary use of the beachfront in accordance with the
conditions set forth herein and all other applicable Municipal, State, County and Federal law.
.Upland Owner Concessionaires are hereby notified that all of the beaches are public and as
such concession operations must not restrict, or appear to restrict access, or in any way limit
the public nature or ambiance of the beachfront.
5. The Upland Owner Concessionaire agrees to abide by all City, County, and State laws with
regards to the use of the beachfront areas, as amended, or adopted hereafter. The
authorization to operate a beachfront concession may be suspended at any time by written
notice from the City Manager. The Concession authorization may be revoked upon ten (10)
days written notice from the City Manager. Such suspension may be subject to an
administrative hearing/review.
6. There is no responsibility on behalf of the City of Miami Beach for any lost, stolen or
damaged property belonging to the Upland Owner Concessionaire.
7. The Upland Owner Concessionaire must prepare a written evacuation plan for the prompt
removal of all mobile units used in the concession operations from the beachfront within one
(1) hour of notification by appropriate City authorities. This plan must be submitted to the
City for approval (see page 11). An operation plan must also be submitted (see page 10).
8. There shall be no overnight storage of any kind east of the dune line on the beach, except for
the following:
a) Beach chairs will be permitted to remain on the sand overnight, as long as they are
in good condition, neatly stacked (a maximum of 10 chairs per stack for plastic, and
4 chairs per stack for wood), and arranged side by side adjacent to the concession
stand.
b) Concession Facilities used for dispensing services and/or storage will be allowed to
remain on the beach, as long as they are well maintained and kept west of the
lifeguard stands.
Violators will have their concessions closed and the City shall have the right to confiscate
any and all equipment left on the beach overnight.
(Amended & Restated as of 09/20/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.A&R
Page 4 of 13
. .
Amended and Restated
Rules and Regulations for
PRIVATE BEACHFRONT CONCESSIONS
9. The City of Miami Beach retains the authority to determine the number of employees
required for each concession.
10. Upland Owner Concessionaire will 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. Vehicles are only allowed in areas where roadways are provided, and may only park only in
areas designated for vehicle parking. Upland Owner Concessionaire's vehicles shall only be
allowed on the beachfront for purposes of supplying the concession's operations, and to
remove equipment at the close of operations each day, and must be removed from the
beachfront immediately thereafter.
12. Upland Owner Concessionaire will be responsible for any damage caused to any City-owned
property or the beachfront during the time of its usage of said area.
13. F or any use or operation other than that specifically authorized in accordance with the
specific Beachfront Concession Application submitted by the Upland Owner Concessionaire
and the respective Concession Agreement associated therewith, the Upland Owner
Concessionaire must comply with any requirements imposed pursuant to the City's Special
Events Permit Requirements and Guidelines and any other applicable Municipal, County,
State, and Federal.
14. All Upland Owner Concessionaires and their employees shall wear City of Miami Beach or
City approved identification badges, and must comport themselves in a professional and
courteous manner, at all times during hours of operation.
15. The sale of beverages from cans, bottles, or plastic containers are not permitted. Beverages
must only be dispensed in paper cups or other biodegradable containers, in accordance with
applicable State and County requirements. The use of plastic straws is also prohibited.
16. Only City approved concession facilities will be permitted. Any and all concession facilities
must receive prior approval by the City, in accordance with City Planning Department staff
level Design Review approval.
Any currently existing cooking and heating facilities which were authorized and licensed as
of September 5, 2001, shall be permitted to remain for a period of six (6) months following
the City Commission's approval of future design standards for all beachfront concession
facilities. The design standards approved by the City Commission shall be incorporated by
adoption into these Amended and Restated Rules and Regulations. Thereafter, all Upland
Owner Concessionaires shall be required to comply with the design standards, as adopted by
the City Commission and incorporated herein.
(Amended << Restated as of 09/20/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.A&R
Page 5 of 13
Amended and Restated
Rules and Regulations for
PRIVATE BEACHFRONT CONCESSIONS
The concession facilities and the concession furnishings and equipment shall be neat, clean,
and well maintained at all times. The concession operation must be aesthetically pleasing
and non-detrimental to the surrounding environment. .
17. The following regulations specifically apply to Upland Owner Concessionaires offering
Water Recreational Equipment:
A. All propeller craft must have propeller guards.
B. All operations that involve the use of water craft must have a "chase boat" available
readily available. The"chase boat" is subject to the approval of the City.
C. The operation of all water sport activity shall be conducted outside the 300 foot
swimming area ("guarded area") and no closer than 400 feet of any lifeguard stand.
The location of beach front operations shall be subject to the approval of appropriate
City Departments. The Upland Owner Concessionaire must instruct all users as to
all safety precautions, including avoidance of swimmers and bathers.
D. All 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 be
relocated immediately.
E. Upland Owner Concessionaires are responsible for instructing clients on safe
operation of equipment including advisement to stay away from all "guarded areas."
F. The "guarded area" extends 300 feet east of the shoreline, and 100 feet from the
nearest bather or swimmer.
G. The Upland Owner Concessionaire must identify a channel to be used as an access
route through which users of water recreational equipment may leave the beachfront
and enter open water. Said channel shall extend 300 feet east, and perpendicular to
the shore line 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 (4)
buoys on each side of the channel, equally spaced.
H. Watercraft shall not exceed "idle speed" within the channel.
I. Wearing a life jacket is required for all water activities (i.e. "wave runners", "jet
skis").
J. Upland Owner Concessionaire shall prohibit anyone under the age of 16, to rent, or
use any powered watercraft.
(Amended & Restated as of 09/20/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.A&R
Page 6 of 13
Amended and Restated
Rules and Regulations for
PRIVATE BEACHFRONT CONCESSIONS
INSURANCE REQUIREMENTS
The Concessionaire shall carry and maintain in full force and effect, at all times during its operation, the
following insurance coverage.
1. Comprehensive General Liability in the minimum amount of five hundred thousand dollars
($500,000)1 per occurrence for bodily injury and property damage. This policy must also contain
coverage for premises, operations, products, and contractual liability.
Automoblie Inusrance shall be provided covering all owned, leased, and hired vehicles and non-
ownership liability for not less than the following limits:
Bodily injury
Bodily injury
Property damage
$1,000,000 per person
$1,000,000 per accident
$1,000,000 per accident
2. Workers' Compensation and Employers' liability to meet the statutory requirements of the State of
Florida. If the Concessionaire is not required carry Worker's Compensation Insurance, it must provide
a letter advising the City of same, along with its Certificate of Insurance.
3. The City must be named as an additional insured party on the policies required.
4. The City shall receive thirty (30) days advance written notice of cancellation or changes of all of the
above-mentioned policies.
5. All insurance policies shall be issued by companies authorized to do business under the laws of the
State of Florida and must have a rating ofB+:VI or better per A.M. Best's Key Rating Guide, latest
edition.
6. The Concessionaire shall furnish original Certificates ofInsurance, evidencing the required coverages.
7. Certificates ofInsurance must be approved by the City's Risk Manager prior to the commencement
of operations.
8. Certificates must include the following information, in addition to all other information which is
generally required on Certificates of this type:
a. The City's name and address in the "Certificate Holder" box
b. The address of the proposed operation
c. The description of the proposed operation (e.g. beach chair and umbrella rentals, personal
watercraft rental, food and beverage sales)
1 A minimum coverage of one million dollars ($1,000,000) is
required for watersport operations, when permitted.
(Amended & Restated as of 09/20/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.A&R
Page 9 of 13
Amended and Restated
Rules and Regulations for
PRIVATE BEACHFRONT CONCESSIONS
OPERATIONAL PLANS
Please describe your proposed operations 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 (only for currently existing locations) is
requested, attach a sketch illustrating the placement of the 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 water craft, etc.)
YOUR AUTHORIZATION WILL BE GRANTED EXCLUSIVELY FOR THE ITEMS AND
EQUIPMENT LISTED HEREIN. PLEASE BE SPECIFIC.
(PLEASE TYPE)
(Amended & Restated as of 09/20/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.A&R
Page 10 of 13
Amended and Restated
Rules and Regulations for
PRIVATE BEACHFRONT CONCESSIONS
EV ACUATION PLAN
Please describe in full detail your evacuation plan in case of a natural disaster such as a hurricane.
All your equipment must be off the beach and safely stored within one (1) hour's notice given by the
City. Identify the storage space, and its location, that you would use in this type of situation.
(PLEASE TYPE)
(Amended & Restated as of 09/20/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.A&R
Page 11 of 13
BEACHFRONT
CONCESSION
LAYOUT
In the space provided below draw the dimensions
of the space you are proposing to use. Include in
the diagram the specific use that you are
proposing within the space (see sample to the
right). Please be specific.
Q)
~
;:l
Cl
(Amended & Restated as of 09/20/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.A&R
Property Lin~__
Hotel
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Page 12 of 13
Amended and Restated
Rules and Regulations for
PRIVATE BEACHFRONT CONCESSIONS
UPLAND OWNER CONCESSIONAIRE
ACKNOWLEDGEMENT AND AUTHORIZATION
I have read and understand the attached Rules and Regulations for Beachfront Concession
Operations, and agree to abide and be bound by the terms and conditions contained herein. I further
understand that as Upland Owner Concessionaire, I will be responsible for any financial obligations
associated with the Concession operation, including any required occupational licenses, permits,
fees, and/or any fines, penalties, and the satisfaction of any liens, which are imposed related to this
Beachfront Concession. Furthermore, I affirm that all of the information I have provided herein is
true and correct.
Upland Property Address:
(Address of Location Where Concession Will be Operated)
Upland Property Name:
(e.g. Hotel, Condominium Association, Apartment Property)
Name of Authorized Upland Owner/Concession Representative:
Title of Authorized Upland Owner/Concession Representative:
Signature of Authorized Representative
STATE OF FLORIDA)
S
COUNTY OF MIAMI-DADE)
The foregoing instrument was sworn to, subscribed, and acknowledged, before me this _ day of
20 . The Affiant, , is either personally known to the undersigned
authority or has produced as identification, and who did/did not take an oath.
(Name of Notary Printed or Typed)
(Signature)
Notary Public, State of Florida-at-Large
My Commission Expires:
APPROVED FOR THE CITY OF MIAMI BEACH, THIS
DA Y OF
,20
, BY:
Signature
Name
Title
(Amended & Restated as of 09/20/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.A&R
Page 13 of 13
CURRENT STAFF
DESIGN GUIDELINES
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DESIGN STANDARDS
1. Concession Facility Design Standards
a. Storage facilities for lounge chair pads, umbrellas, and sun canopies
1. Storage facilities shall be equipped so as 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 concession facilities are to be
towed.
11. Plans for concession and storage facilities should include accurate
dimensions and scale.
Ul. Storage facilities shall be designed for the horizontal storage of chaise lounge
pads, umbrellas and similar items and shall not exceed a maximum size of
eight feet (8'-0") in length, four feet (4'-0") in width and an overall height of
four feet (4'-0") above the sand.
IV. Storage facilities shall be designed and detailed in a manner appropriate to
the unique beach environment inclusive of construction materials, finishes
and color, subject to the review and approval of Design Review staff.
v. Skids shall IlQ1 be used if the storage facilities are to be towed.
VI. No signage shall be permitted on storage facilities, except a discreetly located
plaque measuring four inches by six inches (4" x 6"), identifying the
Concessionaire's name, address and telephone number.
b. Concession facilities for the rental of beach equipment, and/or watersports, and/or
the sale or distribution of food and/or beverages (non-alcoholic beverages only).
1. Concession facilities shall have a maximum floor area of sixty-four (64)
square feet with exterior dimensions not to exceed nine feet (9'-0") in height
from the sand to the eave line (i.e., the intersection of the roof and the
exterior walls). 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 fourteen feet
(14'-0") in height from the sand.
11. All facilities shall be designed to preserve vistas and shall be fully open from
(42") inches above the finished floor deck to eight feet (8'-0") above the sand,
with the exception of structural columns or posts, and a contiguous maximum
of 25% of its overall perimeter dimension.
F:\DDHP\$ALL\ASSET\DESIGN.R&R
September 28, 1999
Ill. 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 to the sand.
1V. All building construction materials and finishes shall be appropriate to and
consistent with the unique beach environment, subject to the review and
approval of Design Review staff.
v. All concession facilities 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.
VI. Seating areas inclusive of tables and chairs shall not be permitted in or
around the structure.
Vll. Signage shall consist of only a fabric banner! pennants 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 (.l O)square feet. The overall dimensions, wording, color,
placement, design, and mounting systems for said banner/ pennant shall be
subject to the review and approval of Design Review staff. The wording on
the banner shall be generally limited to the name of the concessionaire and
the primary establishment service.
Vlll. Exterior surface colors and finishes shall be appropriate to the design of the
structure, as well as the surrounding beach environment, subject to the review
and approval of Design Review staff.
c. General Restrictions
1. Umbrella Signage: shall be restricted to the valance area with letters no more
than three inches in height and copy limited to the name of the upland
property (e.g. hotel name).
11. Sun Canopies: shall be restricted to the tanning zone (Zone 3) west of the
lifeguard stands and shall not exceed (4'-0") in height above the sand.
d. Design Review Application Requiremen~s (Planning Department)
1. A one hundred dollar ($100) application fee shall be required for the review
of plans for concession facilities and storage facilities.
11. Four (4) copies of the site plan or survey (11" x 17"format) showing the
proposed dimensional locations of the facilities on the beach. ... .
F:\DDHP\$ALL\ASSET\DESIGN.R&R
September 28, 1999
111. Four (4) copies of floor plan, roof plan (concession facility only), all
elevations, building section and detail drawings (11" x 17"format).
1 v. Color samples of every color to be used (except white), keyed to the four (4)
wall elevations.
V. Finish and materials samples (if requested by Design Review staff during the
course of the review).
e. The State of Florida Department of Environmental Protection reserves the right to
review and permit all structures, including concession facilities and storage facilities,
pursuant to Section 161.56 of the Florida Statutes
:
F:\DDHP\$ALL\ASSET\DESIGN.R&R
September 28, 1999