Resolution 2023-32655 RESOLUTION NO. 2023-32655
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION TO
FURTHER DEVELOP AND CONTINUE TO IMPLEMENT A PLAN TO
ADDRESS, THROUGH COLLABORATIVE AND PROACTIVE
ENFORCEMENT, THE ILLEGAL SALE OF GOODS AND PRODUCTS,
INCLUDING ALCOHOLIC BEVERAGES AND NARCOTICS,ON THE BEACH
BY BACKPACK VENDORS AND OTHER PERSONS.
WHEREAS, the City of Miami Beach is a small barrier island nestled between Biscayne
Bay (on the west) and the Atlantic Ocean (on the east); and
WHEREAS, the City only has approximately 90,000 residents and fifteen (15) square
miles of land within its territorial jurisdiction; and
WHEREAS, nonetheless,the City of Miami Beach is an internationally renowned tourist
destination that is famous for its beautiful, pristine beaches, world-class shopping, fine dining,
and vast array of artistic and cultural events; and
WHEREAS, the City hosts approximately 11 million overnight visitors annually, along
with throngs of"day-trippers," many of whom choose to spend time enjoying the beach; and
WHEREAS, the City has authorized, pursuant to concessionaire agreements, certain
entities to provide (sell) goods and services to persons on the beach; and
WHEREAS, pursuant to Section 82-1 of the City Code, it is illegal (and an arrestable
offense) to sell, or offer for sale to the public, any merchandise, products, goods or services
on the beach (or any other property or place owned, maintained or operated by the City for
public use)without appropriate authorization from the City; and
WHEREAS, the City has recently experienced many complaints regarding the number
of persons (typically wearing backpacks) selling, or offering for sale, narcotics, alcoholic
beverages (including to persons under the age of 21), and other goods on the beach; and
WHEREAS, the Police Department has taken proactive steps to address this illegal
conduct, but cannot entirely do so alone; and
WHEREAS, by reporting illegal beach vendors when they observe them selling goods
on the beach, the Ocean Rescue division of the Fire Department, and the City's authorized
beach concessionaires, can greatly assist the Police Department in upholding the law and
protecting the public health, safety and welfare; and
WHEREAS, in order to increase the efficiency and effectiveness in reporting illegal
beach vendors, the Administration may desire to establish a hotline phone number specifically
for such purpose; and
WHEREAS, by periodically deploying Police Department personnel and resources, in
conjunction with promptly responding to information from Ocean Rescue, City
concessionaires, and the public, the City Administration can better remediate this ongoing
issue and convey the message that such illegal beach vending will not be tolerated.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby direct the City Administration to further develop and continue to
implement a plan to address, through collaborative and proactive enforcement, the illegal
sale of goods and products, including alcoholic beverages and narcotics, on the beach
by backpack vendors and other persons.
PASSED and ADOPTED this oJf day of 3.4 -2 2023.
ATTEST: S<2—z, "
JUL - 5 2023 Dan Gelber, Mayor
Rafael E. Gr.nado, City Clerk =� :.........
(Sponsored by Commissioner Laura Dominguez)
INCORPORATED
CH•25;-
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
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i
Cty Attorney Date
2
Resolutions -C7 AC
MIAMI BEACH
COMMISSION MEMORANDUM
•
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: June 28, 2023
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION
TO FURTHER DEVELOP AND CONTINUE TO IMPLEMENT A PLAN TO •
ADDRESS, THROUGH COLLABORATIVE AND PROACTIVE
ENFORCEMENT, THE ILLEGAL SALE OF GOODS AND PRODUCTS,
INCLUDING ALCOHOLIC BEVERAGES AND NARCOTICS, ON THE
BEACH BY BACKPACK VENDORS AND OTHER PERSONS.
ANALYSIS
Pursuant to the request of Commissioner Laura Dominguez, the above-referenced Resolution
is submitted for consideration by the Mayor and City Commission at the June 28, 2023
Commission meeting.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14? •
No No
Legislative Tracking
Office of the City Attomey
Sponsor
Commissioner Laura Dominguez
Page 888 of 1808
ATTACHMENTS:
Description
o Resolution
Page 889 of 1808