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Resolution 2019-31017 RESOLUTION NO. 2019-31017 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE SUSTAINABILITY AND RESILIENCY COMMITTEE, AND AMENDING THE RULES AND REGULATIONS FOR BEACHFRONT CONCESSION OPERATIONS, BY REQUIRING ALL BEACHFRONT CONCESSIONAIRES AND THEIR THIRD PARTY CONCESSION OPERATORS TO UTILIZE 100% REUSABLE WARES IN CONNECTION WITH THEIR BEACHFRONT CONCESSION OPERATIONS; AND APPROVING THE FIFTH AMENDED AND RESTATED RULES AND REGULATIONS FOR BEACHFRONT CONCESSION OPERATIONS, INCORPORATING THIS AMENDMENT, WITH AN EFFECTIVE DATE OF OCTOBER 16, 2020; AND FURTHER AUTHORIZING THE ADMINISTRATION TO SUBMIT THE PROPOSED RULES AND REGULATIONS TO THE STATE OF FLORIDA FOR APPROVAL PRIOR TO IMPLEMENTATION; PROVIDED, HOWEVER, THAT SHOULD THE STATE MAKE MATERIAL CHANGES TO THE PROPOSED FORM OF THE RULES AND REGULATIONS, THE ADMINISTRATION WILL RESUBMIT THE RULES AND REGULATIONS TO THE CITY COMMISSION FOR APPROVAL. 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. 2018-30457, 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 April 23, 2019, the Sustainability and Resiliency Committee passed a motion to amend the terms of the Rules and Regulations for Beachfront Concession operations to require Concessionaires and their operators to utilize 100% reusable products, after the expiration of a one-year educational period, commencing in October, 2019, with full implementation in October, 2020; and WHEREAS, the City, a world-renowned tourist destination, declares that it is in the interest of the public health, safety, and welfare of its residents and visitors to reduce litter and pollutants on the lands and in the waters of the City, and along its shores and famous beaches; and WHEREAS, single-use plastic is neither readily recyclable nor biodegradable, and takes hundreds to thousands of years to degrade in the environment; and WHEREAS, the discarded single-use plastic containers and wares contribute to overburdened landfills, threaten wildlife and marine life, and degrade and litter our beaches; and WHEREAS, the distribution of single-use plastic wares by businesses to consumers and patrons has a detrimental effect on the environment of the City, County, and State; and WHEREAS, as an environmental leader among local governments in the State of Florida, the goal of the City is to replace single-use plastics with reusable, recyclable, or compostable alternatives whenever possible; and WHEREAS, in connection with the beachfront concession operations, the City could execute (1) letter agreements with an Upland Owner Concessionaire for: (i) a Commercial Beachfront Concession operation, permitting an Upland Owner Concessionaire to operate a Beachfront Concession for sales, services and rentals to the general public, in addition to its guests and residents, or (ii) a Non-Commercial Beachfront Concession operation, which permits an Upland Owner Concessionaire to operate a Beachfront Concession for sales, services and rentals solely to its guests and residents; or(2)a Beachfront Concession Agreement with a Direct City Concessionaire who operates a Beachfront Concession adjacent to public property for the general public, all collectively referred to as "Concessionaires" in the Fourth Amended and Restated Rules and Regulations; and WHEREAS, the Administration recommends that after a one-year educational period, all Concessionaires and their Third Party Concession Operators be required to use wares which are 100% reusable in connection with their Beachfront Concession operations, and that they be required to collect and remove the wares, after their use, from the public beach; and WHEREAS, in the formulation of this revision, the Administration has solicited input from upland owners; Upland Owner Concessionaires, who are parties to a Commercial Beachfront Concession Agreement with the City, which include F&B services; Direct City Concessionaires, and representatives from Miami-Dade County beach operations, and WHEREAS, the Administration secured feedback from various hotels which operate Commercial Beachfront Concessions, which include F&B services, located within the jurisdiction of Miami Beach, as well as the surrounding jurisdictions of Sunny Isles Beach and Surfside, and the general consensus was that it is less expensive to offer F&B services with reusable wares than with disposable wares; and WHEREAS, the Administration recommends the approval of the Fifth Amended and Restated Rules and Regulations for Beachfront Concession Operations, incorporated herein by reference and attached to this Resolution as Exhibit "1", which amended Rules and Regulations will be not become effective until October 16, 2020. 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 accept the recommendation of the Sustainability and Resiliency Committee, to amend the Rules and Regulations for Beachfront Concession Operations, by requiring all Concessionaires and their Third Party Concession Operators to utilize 100% reusable wares in connection with their Beachfront Concession operations; and approve the Fifth Amended and Restated Rules and Regulations for Beachfront Concession Operations, incorporating this amendment, with an effective date of October 16, 2020; and further authorize the Administration to submit the proposed Rules and Regulations to the State of Florida for approval prior to implementation; provided, however, that should the State make material changes to the proposed form of the Rules and Regulations, the Administration will resubmit the Rules and Regulations to the City Commission for approval. PASSED and ADOPTED this day of , 6,4br , 2019. ATTEST: lv rte Dan Gelber, Mayor Ra ael E. Granado,City Clerk '''���"���� 144, APPROVED AS TO * FORM FORM & LANGUAGE INICORP ORA TED: - & FOR EX CLITION (qi 0, . fet, ` City Attorney i Date ;1 f26 ' Resolutions -C7 H MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: October 16, 2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE SUSTAINABILITY AND RESILIENCY COMMITTEE, AND AMENDING THE RULES AND REGULATIONS FOR BEACHFRONT CONCESSION OPERATIONS, BY REQUIRING ALL BEACHFRONT CONCESSIONAIRES AND THEIR THIRD PARTY CONCESSION OPERATORS TO UTILIZE 100% REUSABLE WARES IN CONNECTION WITH THEIR BEACHFRONT CONCESSION OPERATIONS; AND APPROVING THE FIFTH AMENDED AND RESTATED RULES AND REGULATIONS FOR BEACHFRONT CONCESSION OPERATIONS, INCORPORATING THIS AMENDMENT, WITH AN EFFECTIVE DATE OF OCTOBER 16, 2020; AND FURTHER AUTHORIZING THE ADMINISTRATION TO SUBMIT THE PROPOSED RULES AND REGULATIONS TO THE STATE OF FLORIDA FOR APPROVAL PRIOR TO IMPLEMENTATION; PROVIDED, HOWEVER, THAT SHOULD THE STATE MAKE MATERIAL CHANGES TO THE PROPOSED FORM OF THE RULES AND REGULATIONS, THE ADMINISTRATION WILL RESUBMIT THE RULES AND REGULATIONS TO THE CITY COMMISSION FOR APPROVAL. RECOMMENDATION The Administration recommends that the Mayor and City Commission accept the attached resolution and fifth amendment to the Rules and Regulations for Beachfront Concession Operations. BACKGROUND/HISTORY On September 12, 2018, the Mayor and City Commission adopted Resolution No. 2018- 30457, 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. Furthermore, on the same date, 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 Page 279 of 2557 Sustainability and Resiliency Committee, for discussion and comment, prior to final approval by the City Commission. On April 23, 2019, the Sustainability and Resiliency Committee passed a motion to amend the terms of the Rules and Regulations for beachfront concession operations to require concessionaires and their operators to utilize 100% reusable products, after the expiration of a one-year educational period, commencing in October 2019, with full implementation in October 2020. ANALYSIS In the formulation of this amendment, the Administration has solicited input from upland owners, beachfront concessionaires, and representatives from Miami-Dade County beach operations. As an environmental leader among local governments in the State of Florida, the goal of the city is to replace single-use plastics with reusable, recyclable, or compostable alternatives whenever possible. Single-use plastic is neither readily recyclable nor biodegradable and takes hundreds to thousands of years to degrade in the environment. This amendment will support the city's efforts to reduce litter, by reducing discarded single-use plastic containers and wares that contribute to overburdened landfills, threaten wildlife and marine life, and degrade and litter our beaches. CONCLUSION The Administration recommends that the Mayor and City Commission accept the attached resolution and fifth amendment to the Rules and Regulations for Beachfront Concession Operations. Applicable Area Citywide is this a Resident Right to Does this item utilize G.Q. Know item? Bond Funds? Yes No Legislative Tracking Environment and Sustainability ATTACHMENTS: Description ❑ Resolution ❑ Amendment Page 280 of 2557 MIAMi B City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov TOURISM,CULTURE AND ECONOMIC DEVELOPMENT DEPARTMENT Office of Real Estate Tel: 305-673-7193!Fax 786-394-4539 Fifth 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: 1. DEFINITIONS. (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 beach equipment (lounge chairs, umbrellas and the like), sell food and beverages and/or rent watersports equipment, or to furnish, without charge, any of the foregoing. (b) Beachfront Concession Agreements- (1) 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. (2) Commercial Beachfront Concession Agreement — a letter agreement between the City and the Upland Owner Concessionaire that authorizes the operation of a Beachfront Concession adjacent to the Upland Property for the general public, in addition to the guests and/or residents of the Upland Owner Concessionaire. (3) Non-Commercial Beachfront Concession Agreement - a letter agreement between the City and the Upland Owner Concessionaire that authorizes the operation of a Beachfront Concession solely for the guests and/or residents of the Upland Owner Concessionaire. (c) Beachfront Concession Layout — a schematic plan (as depicted and described in Exhibit "1") 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 within the Workable Area. (c) Concessionaire — any Direct City Concessionaire, Upland Owner Concessionaire or Third-Party Concession Operator. Exhibit "1" Page 284 of 2557 (e) Concession Area — the area to be occupied or otherwise used by the Concessionaire, which shall be east of the dunes, west of the shoreline, and: (1) in the case of an Upland Owner Concessionaire and its Third Party Concession Operator, if any, bounded by the extensions of the north and south property lines of the Upland Property, all as determined by the City of Miami Beach; or (2) in the case of a Direct City Concessionaire, all as determined by the City of Miami Beach. (f) Concession Facilities — Concession Huts and Storage Boxes (as depicted and described in Exhibit "2"), as well as any other items or equipment including, but not limited to, cooking, heating, and refrigeration equipment or furnishings approved by the City of Miami Beach in connection with the Beachfront Concession. (g) Direct City Concessionaire—a provider of beach concession management and operation services who has been contracted directly by the City of Miami Beach. (h) Motor Vehicle — any City-approved automobile, truck, sport utility vehicle, golf cart, all-terrain vehicle (AN), 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, including any Trailer or Concession Facility. (i) Third Party Concession Operator — a provider of beach concession management and operation services who has been subcontracted by the Upland Owner Concessionaire, excluding Direct City Concessionaires. (j) 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: (1) the rental of watersporis equipment; (2) the sale of food and/or beverages; (3) the distribution, delivery, towing and return of anything, including, without limitation, jet skis, towels, chaises, cabanas, umbrellas, and personal property; or (4) mobile cooking and/or heating Concession Facilities. (k) 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): Page 2 of 17 Page 285 of 2557 (1) to conduct its own beachfrcrt operations; and/or (2) to subcontract its beachfront operations to a Third-Party Concession Operator. (I) Upland Property—the folio of land adjacent to, and immediately westward of, the public beach utilized by an authorized Beachfront Concession. (m) Workable Area—the portion of the Concession Area bounded on the west by the trash receptacle line, and on the east by the lifeguard line of sight(or 10 feet from the mean high water line, whichever is further from the water), and bounded 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 Workable Area. 2. GENERAL CONDITIONS. (a) Each applicant to the City for approval as either a Direct City Concessionaire or an Upland Owner Concessionaire ("Applicant Concessionaire") must provide the City with written acknowledgment (see Exhibit "3", Beachfront Concession Application) of its understanding of, and agreement to abide by, these Rules and Regulations prior to being granted a Beachfront Concession. The entire application must be signed on behalf of the Applicant Concessionaire by a senior management authorized individual; must contain the printed or typed name and title of the signer, whose signature must be notarized; 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 not the state of incorporation. 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's 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) a written acknowledgment (see Exhibit "3", Beachfront Concession Application) of 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: (A) sign, in addition to the Prospective Driver, duplicate originals of the Safe Driving Agreement (in substantially the form attached as Exhibit "4" or as amended by the City from time to time), with one fully-signed original to be held by the Concessionaire and the other fully-signed original to be delivered by the Concessionaire to the Prospective Driver; (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 Page 3 of 17 Page 286 of 2557 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) require the Prospective Driver to satisfactorily complete a one-hour training course to instruct the Prospective Driver in the 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; (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 for the management and operation of all, or a part 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. The Applicant Concessionaire's application is not complete and will not be considered by the City if any of the City's application requirements (including the above acknowledgments) 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 in order to clarify and/or confirm any such documentation or information. (b) 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. 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. (c) Concessionaires must abide by all City, County, State, and Federal laws, and these Rules and Regulations as amended or adopted hereafter with regard to the use of the beachfront areas. (d) Every Motor Vehicle or Concession Facility which is present nn the beach, either stationary or capable of movement, and every Concessionaire which conducts any operations on the beach, shall comply with the requirements of these Rules and Regulations for Beachfront Concession Operations as applicable, except that the following are exempt from these requirements: the personnel, operations, or vehicles of any governmental agency. (e) There is no responsibility on behalf of the City of Miami Beach for any lost, stolen, or damaged property belonging to a Concessionaire. (f) 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. Page 4 of 17 Page 287 of 2557 (g) 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. 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 (see Exhibit "3", Beachfront Concession Application). An operation plan must also be submitted (see Exhibit "3", Beachfront Concession Application). 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. (h) The City reserves the right to amend these Rules and Regulations. Said amendments shall be binding on all Concessionaires. 3. BUSINESS TAX RECEIPTS AND FEES. (a) Business Tax Receipts(for all Concessionaires)-A City Business Tax Receipt (valid from October 1 through September 30 of the following year) is required for each activity which a Concessionaire operates on the beachfront (Example: a Concessionaire providing food and beverage (Food and Beverage) sales, and beach equipment rentals, must obtain two Business Tax Receipts).The issuance of a Business Tax Receipt by the City is conditioned upon, and subject to, compliance with these Rules and Regulations, as amended from time to time. Said Business Tax Receipt(s)shall be considered null and void if the City withdraws, discontinues, or otherwise revokes the authorization granted to the Concessionaire to operate a Beachfront Concession. b) Upland Fee and Mobile Cooking/Heating Fee (for Upland Owner Concessionaires) - In addition to the Business Tax Receipts required in Paragraph 3(a) above, an Upland Owner Concessionaire shall pay an Upland Fee, currently in the amount of$23.00 per Upland Unit for Fiscal Year 2019/20 (increased annually in accordance with the Consumer Price Index), up to a maximum of$16,538 per Upland Property(increased annually in accordance with the Consumer Price Index), will be required of each concession location. The number of Upland Units shall be determined by the City's Finance Department. If the Upland Owner Concessionaire is authorized to use a mobile cooking and/or heating Concession Facility, the Upland Owner Concessionaire shall also pay a Mobile Cooking/Heating 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/Heating Fee shall be paid, in advance, on the first day of each month. c) In the event that the Concessionaire is an Upland Owner Concessionaire, and the Concession Area is utilized by any additional property or properties, other than the Upland Property, the Upland Property owner must receive prior written approval from the City and shall pay an Upland Fee, per property, based on the number of units contained in the Upland Property and any additional properties. There shall be no maximum Upland Fee for Beachfront Concessions utilized by multiple properties or for two or more Beachfront Concessions held by a Concessionaire. These fees shall be due and payable in advance prior to the City's granting authorization for a Beachfront Concession, and prior to October 1, of each year thereafter. d) Direct City Concessionaire Concession 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. Page 5 of 17 Page 288 of 2557 4. INSURANCE. (a) Every Concessionaire must maintain the required Beach Concession Insurance set forth in the attached Exhibit"5"at all times. Every Concessionaire shall: (1) furnish to the City a Certificate of Insurance, in customary form and substance, evidencing compliance with those requirements; and (2) furnish to the City a renewal Certificate of Insurance, in customary form and substance, evidencing 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 by any additional person or entity which is not a Concessionaire, each such person or entity must maintain the required Beach Concession Insurance requirements set forth in the attached Exhibit "5" at all times. The Concessionaire is responsible for compliance with these requirements by said additional person or entity. This Paragraph 4(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 additional person or entity. 5. CONCESSION AREA. (a) Each Concessionaire shall comply with the approved Beachfront Concession Layout (form attached hereto and marked as Exhibit "1"), which sets forth the Workable Area of the Beachfront Concession and shall stay within the Workable Area. The Concessionaire shall not be allowed to place Concession Facilities anywhere outside of the Workable Area. The Concessionaire shall not permit patrons to place any chairs, umbrellas, or any other items/equipment belonging to the Concessionaire outside of the Workable Area. (b) Notwithstanding Paragraph 5(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 20u'Street. Use of street ends by Concessionaires at all other locations is prohibited. (c) 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 Area. By way of example, if the north/south distance of the Workable Area is 100 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 Area. Notwithstanding the foregoing, Concession Huts and/or Storage Boxes shall be permitted to be placed/stacked east and west of each other. (d) Concessionaires shall place, if included as part of the Beachfront Concession Layout, one (1) Storage Box at the southwest corner of the Workable Area and one (1) Storage Box at the northwest corner of the Workable Area, as a means to identify said boundaries of the Workable Area. (e) The Workable Area shall be set up every day no earlier than one (1) hour after sunrise and removed no later than one (1) hour before sunset, except that from April 1 to October Page 6of17 Page 289 of 2557 31 (including Holidays as defined i.i Rule 8(b) (2) and Weekends), Concessiona ;`s must wait until Miami-Dade County has conducted its morning turtle nesting survey before commencing set up (the "Operating Hours"). (f) 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 equipment. Said signs shall require prior written approval by the City. (g) 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.). (h) 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. (i) 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. 6. FOOD AND BEVERAGE SERVICE. (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 52nd Terrace, Suite 101, Doral, Florida, 33166; telephone: 850-487- 1395). (c) Concessionaires shall not vend or offer glass containers, metal containers, 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 11. Notwithstanding the foregoing, recyclable plastic bottles will be permitted. The use of plastic bags (except for large plastic bags used for trash collection) shall not be permitted. (d) 100% Reusable Ware Requirement for Concessionaires (Excluding take-out Food and Beverage Service provided by Mobile Cooking and Heating Concession Facility). The requirements of this subsection 6(d)shall become effective on October 16, 2020. Page 7 of 17 Page 290 of 2557 (1,` All Concessionaires 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 or 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 and heating Concession Facilities, as more particularly described in Subsection (e). (e) Take-Out Food and Beverage Services provided by Mobile Cooking and Heating 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); (f) 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: (1) Packaging made from recycled materials; (2) Packaging that is essential to the protection, safe handling, or function of the package's content; (3) Packaging having a controlled distribution and reuse(i.e., beverage containers subject to mandatory deposit requirements); and (4) Packaging or packaging component that is glass or ceramic where the decoration has been vitrified and when tested, and meets specific requirements. 7. WASTE DISPOSAL. (a) The Concessionaire shall provide, at its sole expense, at least two (2) City approved trash receptacles (one (1) for trash and one (1) for recyclable materials) within the confines of the Concession Area, approved for its use and for the use of the public. Additionally, the Concessionaire shall provide, at Its sole cost and expense, City-approved individual, disposable ashtrays for all patrons smoking within the Concession Area. Said ashtrays shall be branded consistent with the Miami Beach litter campaign. Disposal of the contents of said trash receptacles, disposable ashtrays, and the removal of all other trash or litter from the Concession Area, shall be performed in accordance with Section 7(b), and shall be the sole responsibility of the Concessionaire. Page 8 of 17 Page 291 of 2557 (b) Each Concessionaire shall be responsible, at all times throughout the day, for the collection of all trash, litter, disposable ashtrays, and cigarette and cigar butts within the entire Concession Area, irrespective of whether such materials are in trash receptacles or disposable ashtrays or in the sand, prior to the placement of any umbrellas or chairs each morning 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 and/or Heating Cooking 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 and/or heating Concession Facility on the beach. (d) The City shall charge Concessionaires for the costs of special clean up necessary should Concessionaires fail to reasonably perform. 8. STORAGE. (a) There shall be no overnight storage of any kind east of the dune line on the beach, except for the following: (1) Beach chairs, day beds, and cabanas will be permitted to remain within the Workable 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. 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. (2) Concession Huts and Storage Boxes will be allowed to remain on the beach,as long as they are well maintained,adequately secured to prevent unauthorized access,and kept east of the west boundary of the Workable Area. Concession Huts and/or Storage Boxes shall only be used for dispensing services and/or storage of items or equipment, approved by the City of Miami Beach, and used in connertinn with a Beachfront Concession. (b) 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), except that not more than one storage trailer per Concessionaire may be permitted to be parked only immediately east of the dune area and only during Operating Hours as defined in Rule 5(e); and only if one of the following is applicable: (1) Weekend days; or (2) New Year's Day, Martin Luther King Day, President's Day, Page 9 of 17 Page 292 of 2557 Memorial Day, Fourth of July, Labor Day, Veteran's Day, Columbus Day, Thanksgiving Day, and Christmas Day; or (3) Anytime between March 1 and April 15; or (4) The Concessionaire has submitted a written request with a statement of the reason for such request to the City Manager, or his designee, which may be granted or denied based upon the City Manager's sole determination that such authorization is in the best interest of the City. All such storage trailers shall at all times: comply with all the requirements applicable to Trailers under these Rules and Regulations; be well maintained and property painted; and be adequately secured to prevent unauthorized access. (c) 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. 9. 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 comport themselves in a professional and courteous manner at all times 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. (d) 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. 10. 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 Cede and any other applicable City, County, State. and Federal requirements. 11. ENVIRONMENTAL. 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. Concessionaire is prohibited from selling, using (excluding expanded polystyrene food service articles used for packaged food that have been Page 10 of 17 Page 293 of 2557 filled and seE,iFd prior to receipt by Concessionaire), 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 a glass or metal bottle or glass or metal containers. Concessionaire is prohibited from selling, using, providing food in, or offering the use of glass or metal bottles or glass or metal containers. Furthermore, Section 46-92(c)of the Code, of the City of Miami Beach, as may be amended from time to time, shall apply to all Concessionaires, their employees /subcontractors, and members of the public. 12. WATERSPORTS. The following regulations specifically apply to Concessionaires offering watersport concessions: (a) All propeller craft must have propeller guards. (b) All operations that involve the use of watercraft must have a "chase watercraft vessel" readily available for problems that may arise during the rental of watersports 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 watersports 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 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 (4) 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 Section 12(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., waverunners,jet skis, kayaks, paddle boards, 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. Page 11 of 17 Page 294 of 2557 (h) Each Concessionaire must.:amply with the following Florida Statutes, and as such Statutes may be amended - F.S. 327.39, F.S. 327.395, and F.S. 327.54, which includes, 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 cannot rent a PWC; (3) Ali persons 18 years of age, and born on or after January 1, 1988, can rent and operate a PWC with a boater ID card; (4) All persons born before January 1, 1988 must meet the age requirement to rent and operate a PWC; (5) Valid identification shall be required by the Concessionaire. (i) Parasailing shall be conducted only from winch boats operating beyond the restricted swim areas. (j) 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. (I) 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 fueling process is taking place. Fuel shall not be stored on the beach overnight. Fueling must be completed over a secondary vessel to prevent spillage. (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 designee. 13. MOTOR VEHICLES, TRAILERS AND CONCESSION FACILITIES. (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 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 Page 12 of 17 Page 295 of 2557 must leave the bead, 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 1 hour after sunrise and after 1 hour before 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, or to-and-from the predetermined and assigned beach access point. After transporting equipment to a Concession Area (as said area is delineated in the "Beachfront Concession Layout" diagram attached to the Concessionaire's authorization to operate a Beachfront Concession) the Motor Vehicle, and any Trailer attached thereto, shall be removed from the beach(except to the extent that said authorization permits the Trailer to remain during the Concession's hours of operation). 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. Driving on the beach from one Concession Area to another to service, supervise, or for any other reason, is prohibited. Concessionaires must exit onto the street to access other locations. (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. (d) All Motor Vehicles, Trailers and/or Concession Facilities must each display two (2) "Beach Vehicle Pass" decals containing a unique Identification Number issued by the City. Said Identification Number on the decals must be sufficiently large and clear as will make said Identification Number reasonably visible and readable. 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 left/right). 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 in or on the Motor Vehicle, Trailer, or Concession Facility, at all times. (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 with a watersports permit shall be allowed one(1)additional vehicle to service the watersports operation. (f) Due care and caution must be utilized at all times while driving any Motor Vehicle, and any Trailer attached thereto, on the beach. Page 13 of 17 Page 296 of 2557 (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 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.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. 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. Said deployment, servicing, or removal of watersports equipment must be conducted with no less than one additional Concession 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 shore line) 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. (i) 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). (I) 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. (m) Motor Vehicles and Trailers shall not be parked or left unattended on the beach, at any 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. Page 14 of 17 Page 297 of 2557 (n) Each driver shall be required by the Concessionaire to drive wit'i 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 or 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 (in substantially the form attached as Exhibit "4" or as amended by the City from time to time). The training shall include actual operation by the Driver of the type of Motor Vehicle which the Driver is expected to drive. (r) Mobile Cooking and/or Heating Concession Facilities. The following requirements shall apply to mobile cooking and/or heating Concession Facilities: (i) Mobile cooking and/or heating Concession Facilities will only be permitted at those locations operating pursuant to a valid, City-issued (1) Business Tax Receipt and (2) Beachfront Concession Agreement which specifically authorizes a mobile cooking and/or heating Concession Facility. (ii) Only City-approved Concession Facilities will be permitted. All mobile cooking and/or heating Concession Facilities must be uniform in color, size, and style, for any given location. Any and all mobile cooking and/or heating Concession Facilities must receive prior approval by the City Manager, in accordance with the City Planning Department's current Beach Concession Design Guidelines (attached hereto as Exhibit "2"), or any other such design as may be approved by the City Manager and the City's Planning Department. No Trailer manufactured before 2016 is permitted on the beachfront. (iii) Mobile cooking and/or heating 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. (iv)Mobile cooking and/or heating 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 devices (generators) is prohibited. (v) Upland Owner Concessionaires who are authorized to provide mobile cooking and/or heating Concession Facilities may provide patrons table seating immediately adjacent to the cooking and/or heating Concession Facility. Each mobile cooking and/or heating 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. Page 15 of 17 Page 298 of 2557 (vi)Notwithstanding any other provisions contained herei,i, all mobile cooking and/or heating Concession Facilities must be removed from the beach at least 1 hour before sunset; shall not be permitted to remain on the beach overnight; and shall not be located on the beach prior to 1 hour after sunrise. 14. ENFORCEMENT AND PENALTIES. These Rules and Regulations shall be enforced by the City, as set forth 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 and subsequent offenses for the same violation within a 12-month period...a penalty of$1,500.00. The City may issue a written warning for first time violations in lieu of a first offense violation. There shall be a three(3)month transition period, from the date these Rules and Regulations are adopted, when only written warnings will be issued, prior to the City issuing Notices of Violation which include penalties. 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 designee, through its Field Monitor, or other designee, shall enforce the provisions of these Rules and Regulations. As used in these Rules and Regulations, "Field Monitor" shall include, but not be limited to, a Code Compliance Officer, Park Ranger, or a Police Officer. If a Field Monitor finds a violation of this section, the Field Monitor shall 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 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 Concess'nn may be revoked by the City Manager. (d) The City reserves the right to suspend or revoke a Concessionaire's Business Tax Receipt(s)and its other authorizations to operate the Beachfront Concession upon satisfaction 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 Page 16 of 17 Page 299 of 2557 (2) the Concessionaire, within ten (10) days after issuance of the Nctice of Violation, fails to pay the applicable fine. 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 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 his designee makes a written determination that the continued operation of the Beachfront Concession is a danger to public health 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) 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. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 17 of 17 Page 300 of 2557 Exhibit 1 BEACH CONCESSION LAYOUT DUNE ROPE AND STAKE DUNE FENCE I O O co z cc 0 EMERGENCY VEHICLE PATH 1 HARD PACK I m I I I v X I o r I m rn MIAMI-DADE COUNTY RECEPTACLE LINE r z m r AP r 0 x m x x I m m u) O z I z I \-tra LIF GUARD OF Sl H I .; 10FITo 'N HiGIT WATER LINE OCEAN Page 1 of 1 Page 301 of 2557 Exhibit 2 BEACH CONCESSION DESIGN GUIDELINES Concession Hut pp r t0 \ t X14 a,40' MAX�, 10'-0' 40" MAX al, r I. = x o7qg • 0 b§ of L J- Page 1 of 8 Page 302 of 2557 Large Storage Box << ox CO 2 - 1 - - 8'—O" MAX 0 U, T Page 2 of 8 Page 303 of 2557 Small Storage Box b a _ __ / \ oi\e 8'-0” MAX ._J L N` a 1 4 7 7 ; 8'-0" Page 3 of 8 Page 304 of 2557 Heating and/or Cooking Trailers 4 10'--20' ty LA N C Page 4 of g Page 305 of 2557 1. BEACH CONCESSION DESIGN STANDARDS a. Storage Boxes i. 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. ii. Plans for Concession Huts and Storage Boxes shall include accurate dimensions and scale. iii. Storage Boxes shall be designed for the horizontal storage of chaise lounge pads, umbrellas, sun canopies, daybeds, and similar items and shall not exceed 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. iv. Storage Boxes shall be simply designed, free of adornment and embellishment, 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 Design Review staff. v. No signage shall be permitted on storage facilities, except a prominently displayed plaque measuring twelve inches by twelve inches (12" x 12"), stating "BEACH OPEN TO THE PUBLIC" and the applicable rates for Concessionaire's 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 Area. b. Concession Huts i. Concession Huts shall be for the rental of beach equipment, and/or watersports, and/or the sale or distribution of food and/or beverages (non- alcoholic beverages only). ii. Concession Huts shall have a maximum floor area of one-hundred (100) square feet, excluding any platform,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). 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. 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 the review and approval of Design Review staff. Page 5 of 8 Page 306 of 2557 iv. 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, and a contiguous maximum of 25% of its overall perimeter dimension. v. 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. vi. A detached perimeter platform walkway, no greater than 40" in width, shall be permitted to surround the concession stand. vii. 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. viii. 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. ix. 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 (10) 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 Upland Owner Concessionaire or the primary establishment service. x. 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. xi. The size of the Concession Huts shall be included in the overall percentage (%)allowed within the Work:.ble Area. xii. 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. General Restrictions 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 (e.g. hotel name). ii. Sun Canopies: shall be restricted to the area west of the lifeguard stands and shall not exceed 4'-0" in height above the sand. Page 6 of 8 Page 307 of 2557 iii. 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. iv. 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 shall be contained in the Storage Boxes at day's end. v. Children's sand play areas shall remain free of structures with the exception of shade umbrellas and chairs for the use of guardians. vi. 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. vii. All battery powered and mechanical equipment shall be concealed to the greatest extent possible and not exposed or remain on vehicular trailer. viii. All beach furniture shall be subject to the approval of Design Review staff. d. Mobile Cooking and/or Heating Concession Trailers (1) GENERAL RESTRICTIONS i. Food and Beverage Concession Trailers size shall be restricted to a minimum size of 8.5' x 10' to a maximum size of 8.5' x 20'. The maximum height of the Food and Beverage Concession Trailer shall be no greater than 8' in height (container height). ii. All Food and Beverage Concession Trailers must be hitched and driven onto the sand each day (and removed each evening). The towing vehicle may not remain on the sand. iii. All battery power, solar panel, and other mechanical equipment shall be concealed to the greatest extent possible and not exposed or adjacent to a Food and Beverage Concession Trailers. iv. Any security side panels or sun awnings, attached to or independent from the vehicular Food and Beverage Concession Trailers 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 Beach Food and Beverage Concession Trailers 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 of a Beach Food and Beverage Concession Trailer. Page 7 of 8 Page 308 of 2557 vii. All ancillary furniture, equipment, and embellishments, independent from the Food and Beverage Concession Trailers shall be subject to Design Review staff including tables, chairs, and umbrellas. (2) EXTERIOR STANDARDS i. Plans and elevations for Food and Beverage Concession Trailers facilities should include accurate dimensions and scale. ii. In general, all Food and Beverage Concession Trailers 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 Food and Beverage Concession Trailers and compatible with the unique beach environment and/or evocative of the upland architecture, subject to the review and approval of Design Review staff, iv. Color samples of every color to be used (except white), keyed to the four (4) Food and Beverage Concession Trailers 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 Food and Beverage Concession Trailers. vi. Photographic or hyper realistic imagery shall be permitted along the exterior of the Food and Beverage Concession Trailers. vii. Line art and graphic imagery may occupy 100% of the Food and Beverage Concession Trailers. viii. Food and Beverage Concession Trailers signage shall be limited to one sign per long side of the trailer. The signage shall be limited to identifying the Concessionaire's upland kitchen/hotel, the name of the Food and Beverage Concession Trailer, and any product names. The total square footage per side shall not exceed 20 square feet. Signage lettering shall not exceed 12"in height. ix. No portion of a sign shall extend above the trailer roofline. Any architectural projections or trailer"toppers"above the trailer roofline may not exceed two feet (2'-0")in height from the trailer 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 the review and approval of Design Review staff. i. No paper signs, streamers, or flags, may Ix: attached to the exterior of the Food and Beverage Concession Trailers. One menu, limited to an area of three square feet, may be affixed to the exterior of the trailer. x. General advertising of any format, including displayed commercial products, is prohibited along the exterior of the Food and Beverage Concession Trailers. e. The State of Florida Department of Environmental Protection reserves the right to review and permit all structures, including Concession Huts,Storage Boxes, and Cooking/Heating Facilities, pursuant to Section 161.56 of the Florida Statutes. Page 8 of 8 Page 309 of 2557 Exhibit 3 BEACHFRONT CONCESSION APPLICATION APPLICATION INFORMATION FOR BEACHFRONT CONCESSION OPERATIONS All Upland Owner Concessionaire applicants are required to:(1)obtain a written City authorization in the form of a Beachfront Concession Agreement; (2)obtain a City Business Tax Receipt(s); (3) obtain Planning Department design approval; (4) obtain any other authorization and/or permit required from the City; and to meet any other County, State, or Federal requirements. All Beachfront Concession Agreements to operate Beachfront Concessions are being granted on a revocable basis. The City may, for its convenience, and at its sole discretion and without cause, terminate any authorization and/or pen-nit and/or contract at any time by giving thirty (30) days written notice of such termination. All Upland Owner Concessionaires are subject to an annual upland fee. The annual upland fee for fiscal year 2019/20 consists of twenty-three dollars ($23.00) per upland unit, plus annual increases based on the Consumer Price Index (CPI), with a maximum of sixteen thousand five hundred thirty-eight dollars ($16,538) per Upland Property, plus annual increases based on the Consumer Price Index (CPI), and will be required for each Beachfront Concession location, plus any applicable taxes. Additionally, all Upland Owner Concessionaires who are granted authorization for mobile cooking and/or heating Concession Facilities, shall pay an additional fixed annual upland fee of $120,000, payable monthly, in advance, in the amount of ten thousand dollars ($10,000) per month. City Business Tax Receipts for each type of activity requested and approved must be obtained prior to beginning any Beachfront Concession operations. The available categories and fiscal year 2019/20 fees are listed below.The fees shall be increased annually based on the Consumer Price Index (CPI). All taxes, City Business Tax Receipts and upland fees shall be due and payable prior to October 1't of each year thereafter. Beach Equipment $851.00 per year Beach Equipment: beach chairs, chair pads, umbrellas, sun canopies Waterside Equipment: snorkeling equipment (e.g. masks, fins, snorkels), personal floatation devices(e.g.rafts,donuts,water wings, noodles,boogie board); and miscellaneous beach toys (e.g. beavh ball, bucket/shovel/rake, kadima paddles) Food and Beverage(without mobile cooking/heating Concession Facilities) .$851.00 per year Food and Beverage with mobile cooking/heating Concession Facilities $851.00 per year Watersport(only for those with existing City channels) $851.00 per year Page 1 of 10 Page 310 of 2557 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 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) Original 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 that you intend to use, is specific. 6) All approvals 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 the City's entering into a new contract with the Concessionaire and the issuance of all Business Tax Receipts to operate same. Please submit all applications to: City of Miami Beach Office of Real Estate 1755 Meridian Avenue, Suite 300 Miami Beach, Florida 33139 Once your application is reviewed and approved, a contract will be forwarded to you for execution. Once said contract is executed and returned to the City, final authorization will be granted, and you may apply for your Business Tax Receipt(s). Operation of any beachfront business without proper authorization and/or permit, including but not limited to: 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 BUSINESSTO 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. If you have any questions, please do not hesitate to contact the Office of Real Estate at (305) 673-7193. Page 2 of 10 Page 311 of 2557 APPLICATION FOR BEACHFRONT CONCESSION OPERATIONS (as amended through May 11, 2016) SECTION 1 LOCATION OF CONCESSION REQUESTED Address: Name of Upland Owner(If any upland owner concessionaire applicant): (Name of Hotel,Condominium,Apartment Building,etc.) SECTION 2 TYPE OF CONCESSION(S) REQUESTED O Food and non-alcoholic beverages Cooking and heating will only be permitted at those facilities/locations where cooking and heating activities have been authorized pursuant to a Beachfront Concession Agreement. O Beach equipment rentals (beach chairs, chair pads, umbrellas, sun canopies, snorkeling equipment, personal floatation devices and miscellaneous beach toys) ❑ Watersports SECTION 3 APPLICANT INFORMATION Name of Concessionaire: (ie.:Corporation,Partnership,LLC,other) Name of Authorized Representative: Title of Authorized Representative: Principal Business Address: Office Telephone No.: Facsimile No.: Email: Authorized Representative Cell Phone Number: CHECK ONE: 0 Corporation 0 Partnership 0 LLC 0 Other Page 3 of 10 Page 312 of 2557 SEI;PION 4 CORPORATE, PARTNERSHIP, LLC OR OTHER ENTITY INFORMATION- CONCESSIONAIRE Entity Name: Date of Organization: State of Organization: If Foreign, Date of Registration with Florida Secretary of State: Name of Registered Agent: Address of Registered Agent: Name of President or Equivalent: Name of Vice President or Equivalent: Treasurer's Name: Board of Directors: Each document required by Rule 2(a) must be attached. SECTION 5 OPERATOR INFORMATION To be completed only if (1) the applicant seeks approval as an Upland Owner Concessionaire, and (2) the Upland Owner Concessionaire applicant intends to subcontract the Beachfront Concession to a Third-Party Concession Operator. Name of Third Party Concession Operator. Name of Authorized Representative: Title of Authorized Representative: Principal Business Address: Page 4 of 10 Page 313 of 2557 Office Telephone No.: _ Facsimile No.: Email: Authorized Representative Cell Phone Number: CHECK ONE:0 Corporation 0 Partnership ❑ LLC 0 Other SECTION 6 RATE AND FEE SCHEDULES FOR UPLAND OWNER CONCESSIONAIRES All upland owner concessionaires are subject to an annual upland fee. The annual upland fee for fiscal year 2019/20 consist of twenty-three dollars ($23.00) per upland unit, plus annual increases based on the Consumer Price index(CPI),with a maximum of sixteen thousand five hundred thirty- eight dollars ($16,538) per upland property, plus annual increases based on the Consumer Price index (CPI), and will be required for each Beachfront Concession location, plus any applicable taxes. Ail taxes receipts and upland fees shall be due and payable prior to October l't of each year thereafter. In the event that the Concessionaire is an Upland Owner Concessionaire, the Concession Area is utilized by any additional property or properties, other than the Upland Property, the Upland Property owner must receive prior written approval from the City and shall pay any Upland Fee, per property,based on the number of units($23.00 per unit),contained in the Upland Property and any additional properties.There shall be no maximum Upland Fee for Beachfront Concessions utilized by multiple properties or for two or more Beachfront Concessions held by a Concessionaire. City Business Tax Receipts for each type of activity requested and approved must be obtained prior to beginning any Beachfront Concession operation.The available categories and fiscal year 2018/19 fees are listed below. The fees shall be Increased annually based on the Consumer Price Index (CPI). Authorization for mobile cooking and/or heating Concession Facilities requires specific authorization pursuant to Beachfront Concession Agreement 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,as detailed below). Beach Equipment $851.00 per year Beach Equipment: beach chairs,chair pads,umbrellas,sun canopies Water side Equipment: snorkeling equipment (e.g. masks, fins, snorkels): personal floatation devices (e.g. rafts, donuts water wings, noodles, boogie board): and miscellaneous beach toys(e.g. beach ball, bucket/shovel/rake,Kadima paddles) Food and Beverage $851.00 per year Food and Beverage with mobile cooking/heating Concession Facilities $881.00 per year Watersports(only for those with existing City channels) $851.00 per year Page 5 of 10 Page 314 of 2557 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 Beachfront Concession Concessionaire, I will be responsible for any financial obligations associated with the, 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. Name of Concessionaire: (Name of Corporation, Partnership, LLC, other) Signature of Concessionaire's Authorized Representative By: Name and Title of Concessionaire's Authorized Representative: (please print) STATE OF FLORIDA) COUNTY OF MIAMI-DADE) The foregoing instrument was sworn to, subscribed, and acknowledged, before me 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) Page 8 of 10 Page 315 of 2557 OPERATIONAL PLAN 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 (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 watercraft, etc.) YOUR AUTHORIZATION WILL BE GRANTED EXCLUSIVELY FOR THE ITEMS AND EQUIPMENT LISTED HEREIN. PLEASE BE SPECIFIC. Quantity Type Chairs: Umbrellas: Cabanas: Storage Huts: Storage Boxes: _ FoodllBeverage Trailers: Concession Huts: Other Equipment: Number of Personnel: Hours of Operation: Page 7 of 10 Page 316 of 2557 7 reor[An ua lxTps.7N :4__ BEACHFRONT rii r _1 CONCESSION 1 I 1 _- , r J r w -- I9 Wr � It ® -'l5 or LAYOUT ° ; -- ,1 x - �b o In the space provided below draw the specific number of 1 1 1 — Yitems and equipment as listed on the Operational Plan. __1 -- (See sample to the right) _-- ---__ x `tf „a.o- ..7L't /--NORTH PROPERTY LINE EXTENSION ---\ I (i. Y w 1Z U Iii aa. w 1 2 z UJ o 0 LI 0 11 w rY Q ur ur z ° 2 U , b Z W aa- 4 t o Q W Y o w I w W Z 0 oI 0 1 uu_ 0 D z o > w 10 aill o z ° ? w ce o ce Q no � g l � � W Q w �O 11J ~Q lL :3 y 0 SOUTH PROPEF Y LINE EXTENSION --"''''''r- 0 Page 8 of 10 Page 317 of 2557 EVACUATION PLAN 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) hour's 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. Beachfront Concessionaire VEHICLE INFORMATION SHEET 0 Check if no vehicle will be used for this concession Specify type of Motor Vehicle requested to be used by Concessionaire and if applicable, Third Party Concession Operator(hereafter referred to as Vehicle). Vehicle 1: Vehicle Type: Vehicle Make: Vehicle Model: Vehicle Year: Vehicle Color: Vehicle Tag: Location of nearest Beach Access Point: Vehicle 2 (If Applicable): Vehicle Type: Vehicle Make: Vehicle Model: Vehicle Year: Vehicle Color: Vehicle Tag: Location of nearest Beach Access Point: Page 9 of 10 Page 318 of 2557 Vehicle 3(If Applicable): Vehicle Type: Vehicle Make: Vehicle Model: Vehicle Year Vehicle Color. Vehicle Tag: Location of nearest Beach Access Point: ONLY THE ABOVE IDENTIFIED VEHICLES WILL BE DEEMED APPROVED AND CONCESSIONAIRE SHALL NOT USE ANY ADDITIONAL VEHICLE(S) ON THE BEACH. VIOLATION OF THIS REQUIREMENT MAY RESULT IN THE REVOCATION, SUSPENSION AND/OR TERMINATION OF CONCESSIONAIRE'S AGREEMENT. Signature of Authorized Upland Owner's Representative Date Page 10 of 10 Page 319 of 2557 Exhibit 4 SAFE DRIVING AGREEMENT (Full Corporate Name of Direct City Concessionaire or Upland Owner Concessionaire, or Third-Party Concession Operator) and (Full Name of Driver) The individual named above ("Driver") has been offered employment or continued employment by the company named above("Concessionaire"). In that employment capacity, Driver's duties, now and/or from time to time in the future, may include driving vehicles on beaches located in the City of Miami Beach, Florida. Driver hereby accepts, and agrees to comply with, the following rules for his or her driving duties: (1) Speed. Motor Vehicles shall not be driven faster than 5 M.P.H. (2) Driving Area. Motor Vehicles shall be driven only on the hard-packed sand area (between the dunes and the trash cans). (3) Minimal Driving. Driving on the beach shall be kept to a minimum. (4) No Driving between Concession Areas. Motor Vehicles shall not be driven from one Concession Area to another. (5) Due Care and Caution. Due care and caution must be utilized at all times while driving any Motor Vehicle, and any Trailer attached thereto, on the beach. (6) Headlights and Rear Flashers. 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. (7) Windows. 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. (8) Limited Area for Driving. 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, cr remove anything necessary for the Concessionaire to conduct its operations. (9) Cones. 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 shore line) 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). Page 1 of 3 Page 320 of 2557 (10) Safety Measures during Deployment, Service, or Removal. During any deployment, service, or removal operation,the Driver and a supervising Concessionaire employee must independently inspect the Motor Vehicle's 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. (11) Use of Cell Phones and Other Devices Prohibited. 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. (12) Both Hands on the Wheel. The Driver shall drive with both hands on the steering wheel at all times. (13) Personal Vehicles Prohibited. The Driver will not drive any personal vehicle on the beach at any time. (14) Parking Vehicles and Unattended Vehicles Prohibited. 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. (15)Valid Chauffeur's or Driver's License. I hold a valid and effective Florida chauffeur's or driver's license (whichever the law may require) which is not now suspended or revoked, and a true copy of which is attached to this Agreement. I will maintain that license continuously in that same status throughout the course of my employment. (16) Impaired Driving Prohibited. I will not drive any Motor Vehicle while under the influence of alcohol, drugs, or any substance which may impair my ability to drive safely. I 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. (17) Accidents. I will immediately advise the Concessionaire of any accident which occurs, and will furnish the Concessionaire with any requested documents, concerning any acdent which occurs (A)while I am driving any Motor Vehicle for the Concessionaire, or (B) while I am driving any vehicle when I am not working 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 either type of accident. (18) Training Course. I 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. Date of Driver's Signature Driver's Signature Typed or Printed Driver's Name Page 2 of 3 Page 321 of 2557 CERITIFICATION BY CONCESSIONAIRE I am the of the above-named Concessionaire, and I am authorized by it to execute this Certification on behalf of said Concessionaire. The Concessionaire certifies as follows: (1)The above Driver has successfully completed our one-hour training course on the operation of a Motor Vehicle in compliance with the above Safe Driving Agreement. The training included actual operation by the Driver of the type of Motor Vehicle which he or she is expected to drive. (2) The Concessionaire has completed a records check on the Driver and found nothing which indicates any tendency of the Driver to drive unsafely. Date of Concessionaire's Signature Typed or Printed Full Corporate Name of Concessionaire By Signature of Concessionaire's Authorized Officer or Employee Typed or Printed Name of Signer [copy of Driver's License] Page 3 of 3 Page 322 of 2557 Exhibit 5 BEACH CONCESSION INSURANCE REQUIREMENTS The following is required by the City of Miami Beach with respect to the beachfront concession operations, pursuant to Rule 4 of the preceding Rules and Regulations for Beachfront Concession Operations: Each Direct City Concessionaire, Upland Owner Concessionaire, or Third- Party Concession Operator shall furnish to the City of Miami Beach Risk Management Department a Certificate of Insurance which complies in all respects with the said Rule 4 and with the following: 1. Commercial General Liability limits $1,000,000. 2. The City of Miami Beach must be listed as a CERTIFICATE HOLDER as follows: City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 3. The City of Miami Beach must be named as an ADDITIONAL INSURED. The following language must be included under the section of Description of Operations/LocationsNehicles/Special Items: The City of Miami Beach is included as an additional insured with respect to the beachfront concession operations. 4. Worker's Compensation Companies that employ more than three (3) employees must provide proof of Worker's Compensation insurance; otherwise, please provide a letter on company letterhead stating that you have three (3) or less employees. 5. All policies must be issued by companies authorized to do business in Florida with a Best Key rating of B+VI or better. 6. Each Certificate of Insurance delivered to the City must contain the following provision: A copy of any notice of cancellation, or of any reduction in scope or amount of coverage, shall be sent to the City of Miami Beach at the same time that it is sent to the named insured. If you have any questions, please feel free to contact the City of Miami Beach Risk Management Department at (305) 673-7014 or the Office of Real Estate at (305) 673- 7193. Page 1 of 1 Page 323 of 2557 RESOLUTION NO. 2018-30456 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE SUSTAINABILITY AND RESILIENCY COMMITTEE, AND APPROVING AN AMENDMENT TO THE RULES AND REGULATIONS FOR BEACHFRONT CONCESSION OPERATIONS, 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; PROVIDED THAT SAID AMENDMENT BE REFERRED TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE, FOR DISCUSSION AND COMMENT, PRIOR TO FINAL APPROVAL BY THE CITY COMMISSION. WHEREAS, On January 31, 2001, the City Commission adopted Resolution 2001- 24251, approving a First Amendment to the Rules and Regulations for Beachfront Concession operations (Rules and Regulations). thereby prohibiting the cooking or heating of food on the beachfront; and WHEREAS, on September 5, 2001, the 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 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 City Commission adopted Resolution No. 2016- 29403, adopting the Third Amended and Restated Rules and Regulations for Beachfront Concession Operations; and WHEREAS, the City of Miami Beach (the City), a world-renowned tourist destination, declares that it is in the interest of the public health, safety, and welfare of its residents and visitors to reduce litter and pollutants on the lands and in the waters of the City, and along its shores and famous beaches; and WHEREAS, single-use plastic is neither readily recyclable nor biodegradable, and takes hundreds to thousands of years to degrade In the environment; and Page 324 of 2557 WHEREAS, the discarded single-use plastic containers and wares contribute to overburdened landfills, threaten wildlife and marine life, and degrade and litter our beaches; and WHEREAS,the distribution of single-use plastic wares by businesses to consumers and patrons has a detrimental effect on the environment of the City, County, and State; and WHEREAS, as an environmental leader among local governments in the State of Florida, the goal of the City is to replace single-use plastics with reusable, recyclable, or compostable alternatives whenever possible; and WHEREAS, in connection with the Beachfront Concession operations, the City could execute one of two types of letter agreements with an Upland Owner Concessionaire: (1) a Commercial Beachfront Concession Agreement, permitting an Upland Owner Concessionaire to operate a Beachfront Concession for sales, services and rentals to the general public, in addition to its guests and residents, or (2) a Non-Commercial Beachfront Concession Agreement, which permits an Upland Owner Concessionaire to operate a Beachfront Concession for sales, services and rentals solely to its guests and residents; and WHEREAS, in February of 2017, the Miami-Dade County Beach Maintenance (MDC) supervisor and the City's Beach Maintenance Director recognized the increasing volume of trash being collected from the beaches each year and identified an objective to address "Beach Trash Reduction"; and • WHEREAS, after studying and analyzing the frequency at which the total monthly trash collection exceeded 300,000 pounds, and the locations on the beach where the incidence of overflow occurred, it was determined that, while beachgoers contribute greatly to the volume, the hotel food and beverage (F&B) operations were found to be the largest contributors to the increasing volume of trash being collected; and WHEREAS, on March 30, 2017, the City's Office of Asset Management, the City's Beach Maintenance division, and MDC met with eight of th6 ;argest hotel representatives and Steven Boucher of Boucher Brothers to secure feedback with regard to the use of reusable wares, instead of disposable, in connection with the Beachfront Concession operations, with the goal of reducing F&B generated trash on the beach; and WHEREAS, the hotels, represented at the March 30, 2017 meeting, included Loews Hotel, Ritz Carlton South Beach, Delano, SLS, The W South Beach, One Hotel, The Miami Beach Edition, and Fontainebleau Hilton, of which all but one currently use some form of reusable wares; and WHEREAS, at the January 10, 2018 Sustainability and Resiliency Committee (SRC) meeting, the Administration submitted a summary of their study and findings for consideration, and the SRC made a favorable recommendation to submit, for consideration by the full City Commission, an amendment to the Rules and Regulations, requiring that Commercial Upland Page 325 of 2557 - Owner Concessionaires, who provide F&B services, use fully reusable wares in connection with their beachfront operations; and WHEREAS, additionally, the SRC recommended that, in the interim, the Administration meet with all hoteliers who are parties to a Commercial Beachfront Concession Agreement, which includes food and beverage services, for additional feedback; and WHEREAS, accordingly, the Administration secured feedback from various hotels which operate commercial beachfront concessions, which include F&B services, located within the jurisdiction of Miami Beach, as well as the surrounding jurisdictions of Sunny Isles Beach and Surfside, and the general consensus was that it is less expensive to offer F&B services with reusable wares than with disposable wares; and WHEREAS, the Administration recommends that all Upland Owner Concessionaires and their Third Party Concession Operators be required to use wares which are 100% reusable in connection with their Beachfront Concession operations, including the delivery, service, and consumption of food and beverages, and that they be required to collect and remove the wares, after their use, from the public beach; and WHEREAS, at the September 12, 2018 City Commission meeting, the Mayor and City Commission approved amending the Rules and Regulations, to incorporate the reusable wares requirement for Upland Owner Concessionaires, in connection with their Beachfront Concession operations, and directed the Administration to refer the proposed amendment to the Sustainability and Resiliency Committee for discussion and comment. 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 accept the recommendation of the Sustainability and Resiliency Committee, and approve an amendment to the Rules And Regulations For Beachfront Concession Operations, to require all Upland Owner Concessionaires and their Third Party Concession Operators to utilize 100% ;°usable wares in connection with their Beact`ront Concession operations, including the delivery, service, and consumption of food and beverages; provided that said amendment be referred to the Sustainability and Resiliency Committee, for discussion and comment, prior to final approval by the City Commission. PASSED and ADOPTED this 1) day of Spih,br, 2018. ATTEST: i d ,c��,Rt E:' e elber, Mayor Rafael . Gran-do, City Clerk September 27.2018/Environmental and Bea.•+Melnienan - ,•••-• =nded a •f•estated RutesArgCiOtE s Hfvfr ont Concession Operations = ORATED FORM& LANGUAGE &FOREXECUTION `. ... 1 I 2 ' City Attorney Date 1� RESOLUTION NO. 2018-30457 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE RULES AND REGULATIONS FOR BEACHFRONT CONCESSION OPERATIONS (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; FURTHER APPROVING THE FOURTH AMENDED AND RESTATED RULES AND REGULATIONS FOR BEACHFRONT CONCESSION OPERATIONS, THAT WILL INCORPORATE THIS AMENDMENT; AND FURTHER AUTHORIZING THE ADMINISTRATION TO SUBMIT THE PROPOSED RULES AND REGULATIONS TO THE STATE OF FLORIDA FOR APPROVAL PRIOR TO IMPLEMENTATION OF THE AMENDMENT; PROVIDED, HOWEVER, THAT SHOULD THE STATE MAKE MATERIAL CHANGES TO THE PROPOSED FORM OF THE RULES AND REGULATIONS, THE ADMINISTRATION WILL RESUBMIT THE RULES AND REGULATIONS TO THE CITY COMMISSION FOR APPROVAL. WHEREAS, On January 31, 2001, the City Commission adopted Resolution 2001- 24251, approving a First Amendment to the Rules and Regulations for Beachfront Concession operations (Rules and Regulations), thereby prohibiting the cooking or heating of food on the beachfront; and WHEREAS, on September 5, 2001, the 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 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 City Commission adopted Resolution No. 2016- 29403, adopting the Third Amended and Restated Rules and Regulations for Beachfront Concession Operations; and WHEREAS, on June 27, 2018, the City Commission adopted Resolution No. 2018- 30369, approving a pilot program for the location of mobile cooking/heating Concession Facilities (a/k/a food trailers) behind private upland properties, and should the Administration determine that the pilot program was successful, authorizing the Administration to submit Page 327 of 2557 proposed modifications to the Rules and Regulations governing the utilization of mobile cooking/heating Concession Facilities as part of the beachfront concession agreements issued annually to upland property owners; and WHEREAS, at its July 27, 2018 meeting, because of the reluctance of private property owners to invest in food trailers for a short term pilot program, the Finance and Citywide Projects Committee recommended that the temporary nature of the pilot program be discontinued such that the City Manager may execute annual letter agreements with private upland property owners located immediately westward of the beachfront; and WHEREAS, in order to include the use of mobile cooking/heating Concession Facilities as part of the beachfront concession agreements, the Rules and Regulations would need to be amended; and WHEREAS, the Administration recommends the approval of the Fourth Amended and Restated Rules and Regulations for Beachfront Concession Operations, which is incorporated herein by reference and attached to the City Commission Memorandum accompanying this Resolution, permitting the use of mobile cooking/heating Concession Facilities for a fee of $10,000 per month, as part of the annual beachfront concession agreements; and WHEREAS, upon approval, by the City Commission, the Administration will submit the Fourth Amended and Restated Rules and Regulations for Beachfront Concession Operations to the State of Florida for approval; provided, however, that should the State make any material changes to the proposed Rules and Regulations, the Administration will submit the material modifications to the City Commission for consideration and approval. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA hereby approve an amendment to the Rules and Regulations for Beachfront Concession Operations (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; further approve the Fourth Amended and Restated Rules and Regulations for Beachfront Concession operations, that will incorporate this amendment; and further authorize the Administration to submit the proposed Rules and Regulations to the State of Florida for approval prior to implementation of the amendment; provided, however, that should the State make material changes to the proposed form of the Rules and Regulations, the Administration will resubmit the Rules and Regulations to the City Commission for approval. PASSED and ADOPTED this /02. day of /44 018. ATTEST: '711111111V ° s: Gelber, Mayor C Rafael E. Granado, City C e 1. OR ORATED J FORM & LANGUAGE ►�� & FO EXECUTION 4. Z f'ag„'v:401' 557 L `• City Attorney ,p — Date