Loading...
Resolution 2023-32710 RESOLUTION NO. 2023-32710 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE, MADE AT ITS JULY 12, 2023 MEETING, AND AUTHORIZING THE MAYOR AND THE CITY COMMISSION TO TRANSMIT LETTER TO ALCOHOL BEVERAGE ESTABLISHMENTS IN THE CITY OF MIAMI BEACH, URGING ALL ESTABLISHMENTS TO INSTALL MAGNETOMETERS ON THEIR PREMISES TO ENSURE A SAFE AND SECURE ENVIRONMENT FOR PATRONS AND STAFF ALIKE, AND DETER INDIVIDUALS FROM CARRYING WEAPONS OR FIREARMS ILLEGALLY INTO ALCOHOLIC BEVERAGE ESTABLISHMENTS IN DIRECT VIOLATION OF FLA. STAT. §790.06(12). WHEREAS, in 2023, the State of Florida passed a new permitless concealed carry firearm and weapon law, House Bill 543 ("HB 543"), which has raised concerns about the potential risks associated with firearms and weapons being present in public spaces; and WHEREAS, effective July 1, 2023, HB 543 eliminated the requirement for persons to obtain a concealed weapons license ("CWL") in order to legally carry a concealed firearm or concealed weapon in public places; and WHEREAS, presently, qualified persons are now legally authorized to carry concealed firearms and concealed weapons in Florida without obtaining a CWL (or undergoing previously required fingerprinting, background check, and safety/training course) and merely need to carry identification with them while carrying a concealed firearm or concealed weapon; and WHEREAS, however, Fla. Stat. 790.06(12), which prohibits the carrying of any concealed firearm or concealed weapon in any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises (in any portion of the establishment is primarily devoted to such purpose), remains the law in Florida and is punishable as a criminal second-degree misdemeanor; and WHEREAS, at its July 12, 2023 meeting, the Public Safety and Neighborhood Quality of Life Committee adopted a motion recommending for the City to urge alcohol beverage establishments ("ABEs") in the City to install magnetometers on their premises to ensure a safe and secure environment for patrons and staff alike, and deter individuals from carrying weapons or firearms illegally into establishments in direct violation of Fla. Stat. §790.06(12); and WHEREAS, while the City of Miami Beach respects the rights of individuals to bear arms and weapons responsibly, it is crucial for establishments serving alcohol to acknowledge potential safety implications, particularly in establishments operating beyond traditional operating hours; and WHEREAS, business establishments have a duty to guard against subjecting invitees to dangers which the owners might have reasonably foreseen, including criminal assault by a third party. Sabatelli v. Omni International Hotels, Inc., 379 So.2d 444 (Fla. 3d DCA 1980); Rotbart v. Jordan Marsh Company, 305 So.2d 255 (Fla. 3d DCA 1974); Sparks v. Ober, 192 So.2d 81 (Fla. 3d DCA 1966); Holley v. Mt. Zion Terrace Apartments, Inc., 382 So.2d 98 (Fla. 3d DCA 1980); Pitts v. Metropolitan Dade County, 374 So.2d 996 (Fla. 3d DCA 1979); Rotbart v. Jordan Marsh Company, supra. See also Concord Florida, Inc. v. Lewin, 341 So.2d 242 (Fla. 3d DCA 1976); and WHEREAS, the Soft Targets and Crowded Places Security Plan Overview and guidelines ("ST-CP Guidelines") compiled by the U.S. Department of Homeland security also recognizes that owners and operators of Soft Targets and Crowded Places have a responsibility to take steps to protect people that work in, use, or visit their site from foreseeable threats, including attacks by terrorists and other bad actors; and WHEREAS, ST-CP Guidelines identify specific responsibilities of ST-CP owners and operators to include the following: (1) understanding threats to and risks associated . with their venue; (2) designing and implementing appropriate security measures; and (3) raising awareness among staff and patrons; and WHEREAS, while concealed firearms are still prohibited in an establishment licensed to dispense alcoholic beverages for on-premises consumption, the invisible danger of concealed carry makes it impossible to enforce Fla. Stat. 790.06(12) without reasonable and adequate security measures; and WHEREAS, considering the unique nature of Miami Beach's vibrant nightlife, it is imperative that City businesses that operate beyond traditional business hours and are licensed to dispense alcoholic beverages for on-premises consumption take proactive measures to mitigate any potential risks and maintain a safe environment for all; and WHEREAS, nightclub security experts have advised that pat downs are usually inadequate and bouncers are rarely properly trained; and WHEREAS, magnetometers, also known as metal detectors, have been widely used in various public spaces to enhance security and detect a wide variety of concealed weapons; and WHEREAS, by implementing this technology, establishments can enhance their ability to identify and deter individuals who may carry weapons illegally or pose a threat to public safety, and avoid potential negligent security liability; and WHEREAS, installing magnetometers can help ensure a safe and secure environment for patrons and staff alike,, and deter individuals from carrying weapons or 2 firearms illegally into establishments and potentially engaging in dangerous (or deadly) conduct WHEREAS, by taking this proactive, reasonable step, alcoholic beverage establishments in Miami Beach can demonstrate their commitment to the safety and security of their guests while maintaining the vibrant and enjoyable nightlife for which the City is renowned; and WHEREAS,the City of Miami Beach stands ready to provide support and guidance throughout the process, with resources available to assist businesses with selecting suitable equipment, training staff on proper usage, and ensuring compliance with applicable regulations and legal frameworks. 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 accept the recommendation of the Public Safety and Neighborhood Quality of Life Committee, made at its July 12, 2023 meeting, and authorize the Mayor and City Commission to transmit a letter to alcohol beverage establishments in the City of Miami Beach, urging all establishments to install magnetometers on their premises to ensure a safe and secure environment for patrons and staff alike, and deter individuals from carrying weapons or firearms illegally into alcoholic beverage establishments in direct violation of Fla. Stat. §790.06(12). PASSED and ADOPTED this a¢ day of f(41 , , 2023. ATTEST: JUL 2 8 202an Gelber, Mayor Rafael E. Granado, City Clerk (sponsored by Commissioner Alex J. Fernandez) ' :: s % :INCORPORATED; JUL 2 8 2023 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION nr?r CityAttorney( Date 3 Resolutions-C7 AH MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, City Attorney DATE: July 26, 2023 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE, MADE AT ITS JULY 12, 2023 MEETING, AND AUTHORIZING THE MAYOR AND THE CITY COMMISSION TO TRANSMIT LETTER TO ALCOHOL BEVERAGE ESTABLISHMENTS IN THE CITY OF MIAMI BEACH, URGING ALL ESTABLISHMENTS TO INSTALL MAGNETOMETERS ON THEIR PREMISES TO ENSURE A SAFE AND SECURE ENVIRONMENT FOR PATRONS AND STAFF ALIKE,AND DETER INDIVIDUALS FROM CARRYING WEAPONS OR FIREARMS ILLEGALLY INTO ALCOHOLIC BEVERAGE ESTABLISHMENTS IN DIRECT VIOLATION OF FLA. STAT. SEC. 790.06(12). ANALYSIS Pursuant to the request of Commissioner Alex Fernandez, the above-referenced Resolution is submitted for consideration by the Mayor and City Commission at the July 26, 2023 Commission meeting. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION N/A 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 Attorney Sponsor Page 831 of 1588 Commissioner Alex Fernandez ATTACHMENTS: Description D Resolution Page 832 of 1588 Granado, Rafael From: Granado, Rafael Sent Friday,July 28, 2023 3:22 PM To: Hudak,Alina; Paz, Rafael Cc: Monserrat, Marcia; Granado, Rafael Subject: 2023-32710, adopted on July 26, 2023 - Magnetometers Attachments: Resolution 2023-32710.pdf Good afternoon, Attached please find Resolution—2023-32710,adopted on July 26, 2023. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,ACCEPTING THE RECOMMENDATION OF THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE, MADE AT ITS JULY 12,2023 MEETING,AND AUTHORIZING THE MAYOR AND THE CITY COMMISSION TO TRANSMIT LETTER TO ALCOHOL BEVERAGE ESTABLISHMENTS IN THE CITY OF MIAMI BEACH, URGING ALL ESTABLISHMENTS TO INSTALL MAGNETOMETERS ON THEIR PREMISES TO ENSURE A SAFE AND SECURE ENVIRONMENT FOR PATRONS AND STAFF ALIKE,AND DETER INDIVIDUALS FROM CARRYING WEAPONS OR FIREARMS ILLEGALLY INTO ALCOHOLIC BEVERAGE ESTABLISHMENTS IN DIRECT VIOLATION OF FLA.STAT.§790.06(12). Who will be preparing the letter to transmit to alcoholic beverage establishments in the City of Miami Beach, urging them to install magnetometers? Please let us know how Central Services can assist. We have equipment to do large mail mergers/stuffing of envelopes. Thank you. Regards, MIAMI BEACH Rafael E. Granado, Esq., City Clerk OFFICE OF THE CITY CLERK 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305.673.7411 rafaelgranado(c�miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. 1