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2016-29403 Reso RESOLUTION NO. 2016-29403 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AND APPROVING THE ATTACHED THIRD AMENDED AND RESTATED RULES AND REGULATIONS FOR BEACHFRONT CONCESSION OPERATIONS. WHEREAS, on September 5, 2001, the City Commission adopted Resolution No. 2001-24571 approving the Second Amended 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 contained in the Commission Memorandum; 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 operations on the beach; and WHEREAS, since this time, due to changing conditions on the beach, the Rules and Regulations need to be revised to more adequately address current operating conditions; and WHEREAS, the Administration has solicited input from the upland owners, beachfront concessionaires, members of the public, the Marine and Waterfront Protection Authority, and representatives from Miami-Dade County with regard to the attached Third Amended and Restated Rules and Regulations for Beachfront Concession Operations; and WHEREAS, the Administration submitted a proposed Third Amended and Restated Rules and Regulations For Beachfront Concession Operations to the Neighborhood/Community Affairs Committee (NCAC) at its April 15, 2016 meeting, and the NCAC approved the proposal and further recommended that the beachfront behind public properties, such as City-owned parks, City-owned parking lots and street ends, as well as the beachfront area immediately west of the shoreline (and east of concession operations, if existing) shall act as buffer zones beachwide; and also recommended that the existing food trailers be eliminated two (2) years following the adoption of the revised Rules and Regulations and be replaced with a beachwide food trailer program which shall be procured with a Request for Proposals (RFP); and WHEREAS, the Administration recommends the approval of the Third Amended and Restated Rules and Regulations for Beachfront Concession Operations which are attached hereto and incorporated herein by reference. P NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby accept the recommendation of the Neighborhood/Community Affairs Committee, and approve the attached Third Amended and Restated Rules and Regulations For Beachfront Concession Operations. PASSED and ADOPTED this /1 day of , 2016. ATTEST: , e ayor C. Rafael E. Gran do, ity Clerk APPROVED AS TO FORM & LANGUAGE B —1 ' &FO EXECUTION e�• Ive egv: 514 ( tO • City Attorney Tyr Dote � ':INCOR P ORATED: G : '*` -7 T:\AGENDA\2016\May\TCED\Beachfront Concessions\Beachfront Concessions Rules and Regulations RESO(Final).docx • COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission, Accepting The Recommendation Of The Neighborhood / Community Affairs Committee, And Approving The Third Amended And Restated Rules And Regulations For Beachfront Concession Operations. Key Intended Outcome Supported: N/A Supporting Data(Surveys, Environmental Scan,etc.): N/A Item Summary/Recommendation: The City of Miami Beach issues a beachfront concession letter agreement to the upland owner of a beachfront property, subject to receipt of the appropriate application, documentation and fees, if applicable. The permit authorizes the upland owner to operate a beachfront concession ("Beachfront-Concession")on the section of beach east of the upland property. The upland owner is typically a hotel or condominium.The Beachfront Concession may be operated directly by the upland owner and/or by a third party contractor hired by the upland owner. There are up to three uses which are authorized in conjunction with a Beachfront Concession. These uses are: 1) beach equipment rentals (chairs, umbrellas, etc.), 2) sale of food and non-alcoholic beverages, and 3)water sports rentals(jet skis,etc.). The City established policies and procedures concerning the management and operation of Beachfront Concessions, which were amended on September 5, 2001, January 30, 2002 and March 17, 2003, known as the Second Amended and Restated Rules and Regulations for Beachfront Concession Operations. Since this time, due to changing conditions on the beach, the Rules and Regulations need to be revised to more adequately address current operating procedures. The proposed revisions to the Rules and Regulations also affect the City's public concession agreements to the extent they don't conflict with the terms contained in said agreements. The Administration has solicited input from the upland owners, beachfront concessionaires, members of the public and representatives from Miami Dade County. Additionally, the Marine and Waterfront Protection Authority (formerly the Waterfront Protection Committee/ Marine Authority Board) discussed this matter at numerous meetings and submitted a list to the City Manager containing eight(8) Resolutions regarding changes to the Rules and Regulations. This information has been compiled and reviewed by the Administration and the proposed changes have been incorporated as the Third Amended and Restated Rules and Regulations for Beachfront Concession Operations. The Administration recommends that the Mayor and City Commission adopt the Resolution approving the Third Amended and Restated Rules and .Regulations for Beachfront Concession Operations. g p s Advisory Board Recommendation: The Administration submitted the Third Amended and Restated Rules and Regulations for Beachfront Concession Operations to the Neighborhood/Community Affairs Committee (NCAC) at its December 18, 2015 and January 15, 2016 meeting. At the April 15, 2016 meeting, the NCAC again discussed this matter and recommended that the beachfront behind public properties, such as City-owned parks, City-owned parking lots and street ends, as well as the beachfront area immediately west of the shoreline (and east of concession operations, if existing) shall act as buffer zones beachwide. The NCAC also recommended the existing food trailers shall be eliminated two (2) years following the adoption of the revised Rules and Regulations and shall be replaced with a beachwide food trailer program which shall be procured with a Request for Proposals(RFP). Financial Information: Amount Account Source of Funds: 1 N/A Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: Max Sklar, ext. 6116 • Sign-Offs: Departm-M%U=o Assistant C'.+? nager MEIMEEIMMIZIMM MAS /// r - ilA mj T:1AGENDA\2016\May\TCED\Beachfront Concessions\Beachfront Concessions Rules and Regulations SUM(1- •1►-16).docx AGENDA ITEM R1 E MIAMIBEACH DATE 5. I 1 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of he City C•`` mission FROM: Jimmy L. Morales, City Manager DATE: May 11, 2016 SUBJECT: A RESOLUTION OF THE MAYOR A CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD / COMMUNITY AFFAIRS COMMITTEE AND APPROVING THE THIRD AMENDED AND RESTATED RULES AND REGULATIONS FOR BEACHFRONT CONCESSION OPERATIONS, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The City of Miami Beach (the "City") issues a beachfront concession letter agreement (the "Permit") to the upland owner of a beachfront property, subject to receipt of the appropriate application, documentation and fees (if applicable). The Permit authorizes the upland owner to operate a beachfront concession (the "Beachfront Concession") on the section of beach east of the upland property. The upland owner is typically a hotel or condominium. The Beachfront Concession may be operated directly by the upland owner and/or by a third party contractor hired by the upland owner (collectively, the "Concessionaire"). There are up to three uses which are authorized in conjunction with a Beachfront Concession. These uses are: 1) beach equipment rentals (chairs, umbrellas, etc.), 2) sale of food and non-alcoholic beverages, and 3) water sports rentals (jet skis, etc.). The City established policies and procedures concerning the management and operation of Beachfront Concessions, which were amended on September 5, 2001, January 30, 2002 and March 17, 2003, known as the Second Amended and Restated Rules and Regulations for Beachfront Concession Operations (hereafter referred to as the "Current Rules and Regulations"). The Current Rules and Regulations are attached hereto as Exhibit "A". Since this time, due to changing conditions on the beach, the Current Rules and Regulations need to be revised to more adequately address current operating procedures. The proposed revisions to the Current Rules and Regulations also affect the City's public concession agreements to the extent they don't conflict with the terms contained in said agreements. Commission Memorandum Beachfront Concessions Rules and Regulations May 11, 2016 Page 2 of 16 ANALYSIS The Administration has solicited input from the upland owners, beachfront concessionaires, members of the public and representatives from Miami Dade County. Additionally, the Marine and Waterfront Protection Authority (formerly the Waterfront Protection Committee / Marine Authority Board) discussed this matter at numerous meetings and submitted a list to the City Manager containing eight (8) Resolutions regarding changes to the Rules and Regulations (hereafter referred to as the "MWPA Resolutions"). The City Manager sent a Letter to Commission, dated February 9, 2016, which contained MWPA Resolutions (attached hereto as Exhibit "B" — MWPA Resolutions). This information has been compiled and reviewed by the Administration and the proposed changes have been incorporated as the Third Amended and Restated Rules and Regulations for Beachfront Concession Operations (hereafter referred to as the "Proposed Rules and Regulations"). The Proposed Rules and Regulations are attached hereto as Exhibit "C". Following is a summary of the key issues which have been addressed and/or modified as part of the Proposed Rules and Regulations. These issues are listed in the same order as contained in the Proposed Rules and Regulations. 1. DEFINITIONS. (Section 1 of the Proposed Rules and Regulations) Key Modifications: The Proposed Rules and Regulations now include the following list of defined terms, which currently do not exist. (a) Beachfront Concession — beachfront operations authorized by the City of Miami Beach to either 1) the Upland Owner Concessionaire, or 2) a Direct City Concession Operator, 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 Layout — a schematic plan 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 Concession Operator, Upland Owner Concessionaire, or Third Party Concession Operator. (d) 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: (I) in the case of an Upland Owner Concessionaire and its Third Party Concession Operator, if any, bounded by the extensions of Commission Memorandum Beachfront Concessions Rules and Regulations May 11, 2016 Page 3 of 16 the north and south property lines of the Upland Property, all as determined by the City of Miami Beach; (II) in the case of a Direct City Concession Operator, all as determined by the City of Miami Beach. (e) Concession Facilities — Concession Huts and Storage Boxes (as depicted and described in "Exhibit 3"), 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. (f) Direct City Concession Operator — a provider of beach concession management and operation services who has been contracted directly by the City of Miami Beach. (g) Motor Vehicle - any City-approved automobile, truck, sport utility vehicle, golf cart, all-terrain vehicle (ATV), or and 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). (h) 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 Concession Operators. (I) 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: (I) the rental of watersports equipment; (II) the sale of food and/or beverages; or (Ill) the distribution, delivery, towing and return of anything, including, without limitation, jet skis, towels, chaises, cabanas, umbrellas, and personal property. (j) Upland Owner Concessionaire—the legal owner of the Upland Property and operator of a Beachfront Concession who is authorized: (I) to conduct its own beachfront operations; and/or (II) to subcontract its beachfront operations to a Third Party Concession Operator. Commission Memorandum Beachfront Concessions Rules and Regulations May 11, 2016 Page 4of16 (k) Upland Property - the folio of land adjacent to, and immediately westward of, the public beach utilized by an authorized Beachfront Concession. (I) 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. (Section 2 of the Proposed Rules and Regulations) Key Modification: (g) Concessionaires must submit a written evacuation plan to the City for the prompt removal of all Concession Facilities used in the concession operations from the beachfront. 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 Beachfront Concession Application, Page 9 of 11). An operation plan must also be submitted (see Beachfront Concession Application, Page 7 of 11). The Upland Owner Concessionaire shall be required to 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. This will ensure that all equipment on the beach is moveable and in working order. 3. BUSINESS TAX RECEIPTS AND FEES. (Section 3 of the Proposed Rules and Regulations) Key Modification: b) In addition to the Business Tax Receipts required in Paragraph 3(a) above, an Upland Fee, currently in the amount of$21.00 per Upland Unit for Fiscal Year 2015/16 (increased annually in accordance with the Consumer Price Index), up to a maximum of $15,000 per Upland Property (increased annually in accordance with the Consumer Price Index), will be required of each concession location. Reason for Modification: This provision increases the maximum fee per Upland Property from $10,000 to $15,000 (increased annually in accordance with the Consumer Price Index). When the $10,000 maximum fee was adopted in 2002 the Upland Fee was only $15.00 per Upland Unit. At the time, this resulted in only two properties reaching the maximum (Fontainebleau Hotel — 874 units and Loews Hotel — 790 units). Since the Upland Fee has been increased in accordance with the CPI (currently $21.00 per Upland Unit) there are currently eight properties (ranging from 509 units to 1,289 units) which have reached Commission Memorandum Beachfront Concessions Rules and Regulations May 11, 2016 Page 5 of 16 the maximum fee. For FY 2015/16, increasing the maximum fee to $15,000 would result in only three properties remaining at the maximum (Fontainebleau Hotel — 874 units, Loews Hotel — 790 units and The One Hotel & Condo — 1,289 units) and would generate an additional $25,585 in Upland Fees as illustrated in the following chart: $10,000 $15,000 Property Units Maximum Maximum Continuum Condos 509 $10,000 $10,689 Loews Hotel 790 $10,000 $15,000 Decoplage Condo 625 $10,000 $13,125 One Hotel &Condo 1,289 $10,000 $15,000 Fontainebleau Hotel 874 $10,000 $15,000 Eden Roc Hotel 631 $10,000 $13,251 The Deauville Hotel &Condo 540 $10,000 $11,340 The Carillon Hotel &Condo 580 $10,000 $12,180 $80,000 $105,585 Key Modification: c) In the event 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 concession locations utilized by multiple properties. These fees shall be due and payable in advance prior to issuance of a Beachfront Concession Permit, and prior to October 1, of each year thereafter. This Section 3(c) shall not be construed to vest any additional rights upon the Upland Owner Concessionaire that do not otherwise exist, except for the privilege of temporary use of the beachfront in accordance with the conditions and requirements set forth in these Rules and Regulations and in all other applicable Municipal, State, County, and Federal laws. Upland Owner Concessionaires are hereby notified that all of the beaches are public and, as such, concession operations must not restrict, or appear to restrict, access, or in any way limit the public nature or ambiance of the beachfront. Reason for Key Modification: There are currently beach concession operations which provide beach concession services to "off-beach" properties. The City only collects a beach concession fee from the Upland Property owner and does not collect any upland fees from such "off-beach" properties for the use of the beach. This provision enables the City to collect a beach concession fee from all properties utilizing a beach concession location. Commission Memorandum Beachfront Concessions Rules and Regulations May 11, 2016 Page 6 of 16 4. INSURANCE. (Section 4 of the Proposed Rules and Regulations) Key Modification: (a) Every Concessionaire must maintain the required Beach Concession Insurance set forth in the attached "Exhibit 1" at all times. 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 insurance coverage at all times. Reason for Key Modification: Currently, only the Upland Property owner provides insurance for the Beach Concession operation. This provision requires insurance from the Upland Property owner, as well as any additional properties which may utilize the Beach Concession operation, and all concession operators. This provides additional liability protection to the City. 5. BEACHFRONT CONCESSION AREA. (Section 5 of the Proposed Rules and Regulations) Key Modification: (a) The Upland Owner Concessionaire agrees to abide by the approved Beachfront Concession Layout (form attached hereto and marked as "Exhibit 2"), which sets forth the Workable Area of the Beachfront Concession, and to stay within the Workable Area. The Upland Owner Concessionaire shall not be allowed to place concession huts, storage boxes, stacked chairs, deployed chairs, umbrellas, or any other items/equipment anywhere outside of the Workable Area. Patrons, and/or the Upland Owner Concessionaire on behalf of patrons, shall not be permitted to place any chairs, umbrellas, . or any other items/equipment belonging to the Upland Owner Concessionaire outside of the Workable Area. Reason for Modification: This provision defines the Workable Area to include the entire property width from the north property line to the south property line. Historically, the City enforced 20% buffer zones on the north and south sides of the Beachfront Concession Area (see Beach Concession Layout — Previous Requirement, attached hereto as Exhibit "D"). At the time, no equipment was allowed to be deployed in the buffer zones so that these areas could be utilized by the public and to maintain view corridors from the dunes towards the water. In 2013, it was brought to the Administration's attention by the concessionaires that the buffer zones were not required by the City and that the Current Rules and Regulations (last adopted by the City Commission in 2003) did not address nor require buffer zones. The Administration researched this matter and was unable to identify any Commission resolutions implementing or requiring buffer zones. This matter was submitted to the Neighborhoods / Community Affairs Committee ("NCAC") on February 28, 2104. The NCAC accepted the Administration's recommendation as follows: Commission Memorandum Beachfront Concessions Rules and Regulations May 11, 2016 Page 7 of 16 "The Administration recommends, until such time as the revisions to the Rules and Regulations are finalized, or unless directed otherwise by the Neighborhood/Community Affairs Committee, allowing the Concessionaires to operate in a manner consistent with current practices. As such, Concessionaires will be allowed to place storage boxes and stacked chairs in the Buffer Zones. The stacked chairs must be in a direct line (east/west) with the storage boxes so as to minimize obstruction of view corridors. Beach equipment (chairs, umbrellas, etc.) will not be allowed to be placed in the Buffer Zones upon initial deployment in the morning. Concessionaires will be permitted to deploy beach equipment in the Buffer Zones throughout the day if the amount of equipment needed to meet demand does not fit within the Concession Area, or if a customer requests that the equipment be moved/placed in the Buffer Zone." The Beachfront Concession Layout has been modified to remove the 20% buffer zones on the north and south sides of the Beachfront Concession Area (see Beach Concession Layout — Proposed Requirement, attached hereto as Exhibit "E"); however, the Administration has proposed several requirements to: 1) minimize the amount of equipment within the Workable Area (Sections 5(c)), 2) determine a method to clearly identify the Workable Area (Section 5(d)), 3) advise the public of its right to use the Beachfront Concession Area (Section 5(f) below) and 4) maintain view corridors from the dunes towards the water (Section 8(a)(1)). The issue of buffer zones is of primary importance to the members of the MWPA as they have addressed it in the first three (3) MWPA Resolutions. The Administration has endeavored to propose a policy which will maintain public access to the beach as well as accommodate the needs of the hotels/condos and their guests/residents. Key Modification: (b) Notwithstanding Paragraph 5(a) above, due to the irregular curve of the beach at 20th Street, the Concessionaire immediately south of 20t Street shall be permitted to occupy the street end of 20th Street. Use of street ends by Concessionaires at all other locations is prohibited. Reason for Modification: Due to the irregular curve of the beach at 20th Street, the property located immediately south of 20th Street (1901 Collins Avenue) has a pie shaped Beachfront Concession Area which, when the north and south property lines are extended east, results in virtually no shoreline frontage. By allowing use of the 20th Street end they are provided the benefit of shoreline frontage. Key Modification: (c) Concession Facilities, 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 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 Commission Memorandum Beachfront Concessions Rules and Regulations May 11, 2016 Page 8 of 16 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. Reason for Modification: This provision provides a formula for limiting the maximum amount of equipment within the Workable Area and for creating view corridors from the dunes towards the water. This issue was addressed in Resolution #4 of the MWPA, who recommended Concession Facilities, other than trash receptacles and beach chairs/umbrellas, shall not occupy more than 30% of the north/south distance of the Workable Area. Key Modification: (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. Reason for Modification: This provision provides a method to identify the boundaries of the Workable Area. This will aid the City in enforcing said boundaries. This issue was contemplated in Resolution #2 of the MWPA. Key Modification: (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 Concession Areas, the applicable costs for the rental of watersports equipment and beach equipment, and shall require prior written approval by the City. Reason for Modification: This provision advises the public of its right to use the Beachfront Concession Area and the associated costs. 6. FOOD AND BEVERAGE SERVICE. (Section 6 of the Proposed Rules and Regulations) Key Modification: (c) Cooking and heating Concession Facilities will only be permitted at those locations (i) where cooking and heating Concession Facilities activities have been continuously engaged in pursuant to a valid Business Tax Receipt from the City issued on or before September 5, 2001, and (ii) the same Concessionaire has continued to possess a valid Business Tax Receipt for each year thereafter. Any cooking and heating Concession Facilities which were authorized and licensed as of September 5, 2001, shall be permitted to remain for a period not to exceed the normal life expectancy (from manufacture date) of a facility located daily on an oceanfront beach, as determined by Commission Memorandum Beachfront Concessions Rules and Regulations May 11, 2016 Page 9of16 the manufacturer, or two (2) years after the adoption of these Third Amended and Restated Rules and Regulations, whichever comes first. During said period, the design standards approved by the City Commission shall be incorporated by reference into these Rules and Regulations. Reason for Modification: Currently, cooking and heating is only allowed at locations which have approved cooking and heating facilities (i.e. food trailers). As stated in Paragraph 16 of the Current Rules and Regulations: "Any cooking and heating facilities which were authorized and licensed as of September 5, 2001, shall be permitted to remain for a period not to exceed the normal life expectancy (from manufacture date) of a facility located daily on an oceanfront beach, as determined by the manufacturer, following the City Commission's approval of future design standards for all beachfront concession facilities." • While it is difficult to ascertain the "normal life expectancy" of a food trailer, or even the manufacturer's date, the food trailers continue to operate on the beach as a result of continued repairs, replacement and/or upgrades of various components of the trailers. This practice circumvents the intention of the City Commission when the above stipulation was adopted as part of the Current Rules and Regulations. This revised provision 6(a) stipulates a specific timeframe at which time the food trailers will no longer be permitted. Key Modification: (e) 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. Reason for Modification: For any period of time that cooking and heating facilities are authorized and licenses, this provision requires cooking and/or heating Concession Facilities to be inspected at least once per year by the City's Fire Department. This issue was addressed in Resolution#7 of the MWPA. 7. WASTE DISPOSAL. (Section 7 of the Proposed Rules and Regulations) Key Modification: (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 disposable, individual ashtrays for all patrons smoking within the Concession Commission Memorandum Beachfront Concessions Rules and Regulations May 11, 2016 Page 10 of 16 Area. Disposal of the contents of said trash receptacles, disposable ashtrays and removal of all other trash or litter from the Concession Area, shall performed in accordance with Section 7(b), and shall be the sole responsibility of the Concessionaire. Reason for Modification: This provision requires that one (1) of the two (2) trash receptacles be for recyclable materials and provides for individual ashtrays for every patron. 8. STORAGE. (Section 8 of the Proposed Rules and Regulations) Key Modification: (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. Reason for Modification: This provision requires the chairs to be stored in stacks running east and west, immediately adjacent to the Storage Boxes/Concession Huts. This provides for greater view corridors from the dunes towards the water. Additionally, stacking the chairs running east and west, immediately adjacent to the Storage Boxes/Concession Huts, is less disruptive to sea turtles during nesting season. Key Modification: (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). Notwithstanding the foregoing, storage trailers shall be allowed during holidays and/or peak periods, immediately east of the dune, during operating hours only (must be removed nightly). Subject to the prior written approval of the City, storage trailers shall be allowed during special events, immediately east of the dune, during operating hours only (must be removed nightly). Reason for Modification: Currently, at any given time, there are approximately five (5) storage trailers, at various locations, used to store Beach Concession equipment for the Upland Property. These storage trailers are parked adjacent to the dune and contribute to the volume of equipment (i.e. Storage Boxes, Concession Huts, chairs, etc.) on the beach. This provision minimizes the amount of equipment on the beach and only allows storage Commission Memorandum Beachfront Concessions Rules and Regulations May 11, 2016 Page 11 of 16 trailers during holidays and special events in order to store the additional equipment necessary to meet the increased demand. 9. STAFFING. (Section 9 of the Proposed Rules and Regulations) Key Modification: (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 hours of operation. 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. Reason for Modification: This provision requires employees of the Upland Owner Concessionaire to wear uniforms in order to create a more professional environment and provides a way for patrons to identify concession staff. 10. SPECIAL EVENTS. (Section 10 of the Proposed Rules and Regulations) No Modifications. 11. ENVIRONMENTAL. (Section 11 of the Proposed Rules and Regulations) Key Modification: The sale of beverages from cans or glass containers is prohibited. Beverages must only be dispensed in paper cups, or other biodegradable containers, in accordance with applicable City, State, and County requirements. Utensils, plates, to-go, and any other food and/or beverage or food service items must only be made from paper or other biodegradable materials. The use of plastic straws (including biodegradable plastic straws) and expanded polystyrene is also prohibited. Notwithstanding the foregoing, plastic bottles and plastic cups shall be permitted. Furthermore, Section 46-92(c) of the Code of the City of Miami Beach shall apply to all Concessionaires and their employees/subcontractors. Reason for Modification: This provision prohibits the use of plastic straws and polystyrene (Styrofoam) products on the beach and requires that all food service items must be biodegradable. Furthermore, Section 46-92(c) of the City of Miami Beach Municipal Code prohibits the use of glass and metal on the beach and prohibits littering in public places. Commission Memorandum Beachfront Concessions Rules and Regulations May 11, 2016 Page 12 of 16 12. WATERSPORTS. (Section 12 of the Proposed Rules and Regulations) Key Modification: The following regulations specifically apply to Upland Owner Concessionaires offering Watersport concessions: (h) Each Concessionaire must comply 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 water craft ("PWC."); (2) All persons 14 or over, but under 18, can operate a PWC with a boater ID card but cannot rent a PWC; (3) All persons 18, but 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, 1998 must meet the age requirement to rent and operate a PWC; (5) Valid identification shall be required by the Concessionaire. Reason for Modification: This provision requires that all watersports concessions comply with Florida statutes regarding the operation of motorized personal watercraft. Key Modification: (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. Reason for Modification: This provision provides a standard allowance for the types and amount of equipment permitted to be used in conjunction with a watersport concession operation. Key Modification: (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 Commission Memorandum Beachfront Concessions Rules and Regulations May 11, 2016 Page 13 of 16 and Waterfront Protection Authority, as well as written approval by the City Manager or his designee. Reason for Modification: Currently there are ten (10) watersport concession operations. Watersport concessions can only be operated from locations where there is a water channel to provide access from the shoreline to the area outside (east of) of the vessel exclusion buoys (300' offshore). Several Concessionaires have requested authorization to obtain watersport concessions in locations which currently do not have a water channel. Water channels are required to be located a minimum distance of four hundred feet (400') from the closest lifeguard tower (both to the north and to the south). There are locations where this minimum distance is achievable and would meet this requirement. The Administration recommends allowing additional watersport concessions at locations where the water channel will meet the minimum distance of four hundred feet (400') from the closest lifeguard tower. 13. MOTOR VEHICLES. (Section 13 of the Proposed Rules and Regulations) Key Modification: (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 to be sufficiently large and clear as well 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 (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. Locations with multiple Motor Vehicles, Trailers and/or Concession Facilities will receive a unique Identification Number for each such Motor Vehicles, Trailers and/or Concession Facility. As to each Motor Vehicle, Trailer, or Concession Facility for which the City issues a Beach Vehicle Pass decal, 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 which must be displayed in or on the Motor Vehicle, Trailer, or Concession Facility, at all times. Reason for Modification: This provision provides a method for approving and regulating Motor Vehicles, Small Off-Road Vehicles, Trailers and Concession Facilities used in conjunction with a Beach Concession. The Concessionaire shall be required to submit all applicable information (VIN, make, model, year, color, etc.) and insurance. The unique Identification Number will be issued for the specific vehicle, Trailer or Concession Facility and will be specific to the Beach Concession. The unique Identification Number will aid Commission Memorandum Beachfront Concessions Rules and Regulations May 11, 2016 Page 14 of 16 the City in identifying approved Motor Vehicles, Small Off-Road Vehicles, Trailers and Concession Facilities on the beach. Key Modification: (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 a the Beachfront Concession. Notwithstanding the foregoing, Beachfront Concessions with a watersports permit shall be allowed one (1) additional vehicle to service the watersports operation. Reason for Modification: This provision limits the amount of vehicles to one (1) per Concession Area at a time, except concession operations with a watersports permit shall be allowed one (1) additional vehicle to service the watersports operation. Key Modification: (m) No Motor Vehicle, or any Trailer may be parked or left unattended on the beach, at any time or for any reason other than golf carts/ATVs, which shall be permitted to park immediately east of the dune, for no more than thirty (30) minutes, during normal business hours, so long as the emergency vehicle path remains unobstructed. Reason for Modification: This provision minimizes the amount of vehicles on the beach which are not actively servicing a Concession Area. 14. ENFORCEMENT AND PENALTIES. (Section 14 of the Proposed Rules and Regulations) Key Modification: The Beachfront Concession Rules and Regulations contained herein shall be enforced by the City, as defined 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. Commission Memorandum Beachfront Concessions Rules and Regulations May 11, 2016 Page 15 of 16 The City may issue a verbal warning or 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 warnings will be issued, prior to the City issuing Notices of Violations 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) Enforcement. 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 Concession may be revoked by the City Manager. Reason for Modification: Currently, the City's primary means of enforcement is to either issue a Courtesy Notice to Concessionaires found violating the Rules and Regulations or, in the alternative, the City has the right to revoke the Beachfront Concession Permit. Revocation of the Beachfront Concession Permit is draconian and has significant financial ramifications for the Upland Property owner (i.e. Fontainebleau, Loews, etc.) and is therefore impractical. The Courtesy Notice advises the Concessionaire of the violation and advises them to correct the violation; however, due to a lack of penalty or fines, the Courtesy Notices have proven to be an ineffective tool for enforcement. Section 14(a) of this provision provides a policy of tiered monetary penalties and Section 14(b) implements the use of a Notice of Violation which can be issued by a Code Compliance Officer, a Police Officer or any other City designee. Section 14(c) allows the City Manager to revoke the Beachfront Concession Permit, if deemed appropriate. This issue was addressed in Resolution #8 of the MWPA. NEIGHBORHOOD / COMMUNITY AFFAIRS COMMITTEE This matter was discussed at the December 18, 2015 and January 15, 2016 Neighborhood / Community Affairs Committee (NCAC) meetings. At the April 15, 2016 meeting, the NCAC again discussed this matter and recommended that the beachfront behind public properties, such as City-owned parks, City-owned parking lots and street ends, as well as the beachfront area Commission Memorandum Beachfront Concessions Rules and Regulations May 11, 2016 Page 16 of 16 immediately west of the shoreline (and east of concession operations, if existing) shall act as buffer zones beachwide. The NCAC also recommended the existing food trailers shall be eliminated two (2) years following the adoption of the revised Rules and Regulations and shall be replaced with a beachwide food trailer program which shall be procured with a Request for Proposals (RFP). CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Resolution approving the Third Amended and Restated Rules and Regulations for Beachfront Concession Operations. Exhibits: "A" Current Rules and Regulations "B" MWPA Resolutions "C" Proposed Rules and Regulations "D" Beach Concession Layout— Previous Requirement "E" Beach Concession Layout— Proposed Requirement JLM/KGB/MAS//MMM T:\AGENDA\2016W1ay\TCED\Beachfront Concessions\Beachfront Concessions Rules and Regulations MEMO(04-22- 16).docx • y r r t ` 5 z , "..1,'--:-.r... '''.11"' it r r iV Yk r • i, t1 . ., - T� • r f' r „, -,,-_,..,.,.. ' , - . :. .. '.- . , - f -4- 1 I i :l r_. Agenda Item r Date S 11- . \ . MIAMIBEACH City of Miami-Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.aov Office of Real Estate,Housing&Community Development Tel:305.673.7193,Fax:305.673.7033 Consolidated Second Amended and Restated RULES AND REGULATIONS FOR • BEACHFRONT CONCESSION OPERATIONS (as amended on January 30, 2002 and March 17, 2003) The City of Miami Beach has established policies and procedures concerning the - management and operation of beachfront concessions. The following rules and regulations shall apply to all beachfront concession operators. 1. If the concession includes food and beverage service, then at least one supervisory - employee must possess a Food Service Management Certification issued by a County Public Health Department in Florida. In addition, each food service unit, cart or facility must be licensed by the Florida Department of Business & Professional Regulation - Division of • Hotels and Restaurants (8240 NW 52nd Terrace, Suite 101, Doral, Florida,: 33.166;. • . - telephone: 850-487-1395). 2. Cooking and heating will only be permitted at those facilities/locations where cooking and heating activities were being conducted and possessed a valid/current business tax receipt from the City as.of September 5, 2001. • Cooking and/or heating facilities will only be permitted on the beachfront in accordance with applicable City, County, State, and Federal laws. Cooking and/or heating shall only be permitted by means of battery powered or propane gas system, properly approved, permitted.and installed in accordance applicable municipal, county, state, and federal laws. The use of electricity producing generating devices (generators) is prohibited. Notwithstanding any other provisions contained herein, all cooking and/or heating facilities must be removed from the beachfront at the end of each day(prior to sundown) and shall not be permitted to remain on the beach overnight. 3. • The Upland Owner Concessionaire shall provide, at its sole expense, at least two(2)trash - receptacles within the confines of the area approved for its use and for the use of the public. Disposal of the contents of said receptacles and removal of any trash or debris within the • approved area shall be done on a daily basis, and shall be the sole responsibility of the , Upland Owner Concessionaire. 4: An Upland Owner Concessionaire must provide the City written acknowledgment (see Beachfront Concession Application Page 3 of 7),of its understanding of,and agreement to abide by, these Rules and Regulations prior to receiving permission to operate behind the respective upland property. Said acknowledgment must contain the name, title, and - signature of an authorized representative of the Upland Owner, and must be notarized. The Upland `Owner Concessionaire's application will not be considered until said acknowledgment is presented to the City.Applications will not be considered to be complete - if this or any other information which is required as part of this application, is not properly Page"1 of 8 submitted or is incomplete. The City reserves the right to request that any required documentation or information be updated and resubmitted if it is deemed necessary by the City in order to clarify and/or confirm the current status of said Upland Owner acknowledgment. Any Concession Permit granted pursuant to these Rules and Regulations shall not be construed to vest any additional rights upon the Upland Owner Concessionaire that do not otherwise exist, except for the privilege of temporary use of the beachfront in accordance with the conditions set forth herein and all other applicable Municipal, State, County and Federal law. Upland Owner Concessionaires are hereby notified that all of the beaches are public and as such concession operations must not restrict, or appear to restrict access, or in any way limit the public nature or ambiance of the beachfront. Beach chairs shall be deployed in a manner and number that will assure public access and will encourage public use of the beach, taking into consideration the characteristics of the individual property involved. 5. The Upland Owner Concessionaire agrees to abide by all City, County,and State laws with regards to the use of the beachfront areas, as amended, or adopted hereafter. The authorization to operate a beachfront concession may be suspended at any time by written notice from the City Manager. The concession authorization may be revoked upon ten (10) days written notice from the City Manager. Such suspension may be subject to an administrative hearing/review. 6. There is no responsibility on behalf of the City of Miami Beach for any lost, stolen or damaged property belonging to the Upland Owner Concessionaire. 7. The Upland Owner Concessionaire must prepare a written evacuation plan for the prompt removal of all facilities and equipment used in the concession operations from the beachfront within one (1) hour of notification by appropriate City authorities and/or 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 Beachfront Concession Application Page 6 of 7).An operation plan must also be submitted (see Beachfront Concession Application Page 4 of 7). 8. There shall be no overnight storage of any kind east of the dune line on the beach, except for the following: A. Beach chairs will be permitted to remain on the sand overnight, as long as they are in good condition, neatly stacked(a maximum of 10 chairs per stack or plastic,and 4 chairs per stack for wood), and arranged side by side adjacent to the concession stand. B. Concession facilities used for dispensing services and/or storage will be allowed to remain on the beach, as long as they are well maintained and kept west of the lifeguard stands. Violators will have their concessions closed and the City shall have the right to confiscate any and all facilities and equipment left on the beach overnight. 9. The City of Miami Beach retains the authority to determine the number of employees required for each concession. 10. Upland Owner Concessionaire will conduct its operations so as to maintain reasonable quiet and make no public disturbances. Hawking to attract attention, and/or summoning or Page 2 of 8 • • . accosting any person is prohibited. The playing of any music or allowing any other activity that disturbs the public is prohibited. • 11. -•' - - - - - _ --- - •= •• - • ---- - •••• - - . •- - •- . (amended March 17, 2003;see rule 25) 12. Upland Owner.Concessionaire will be responsible for any damage caused to any City-owned property and/or the beachfront during the time of its usage of said area 13. For any use or operation other than that specifically authorized in accordance with the specific Beachfront Concession Application submitted by the Upland Owner Concessionaire and the respective. Concession Agreement associated therewith, the Upland Owner Concessionaire must comply with any requirements imposed pursuant to the City's Special Events Permit Requirements and Guidelines (Ordinance No. 2001-3302) and any other applicable City, County, State, and Federal requirements. • • 14. All Upland Owner Concessionaires and their employees shall wear City of Miami Beach or City approved identification badges,,and must comport themselves in a professional and courteous manner, at all times during hours of operation: 15. The sale of beverages from cans, bottles,or plastic containers are not permitted. Beverages must only be dispensed in paper cups or other biodegradable containers, in accordance with applicable State and County requirements. The use of plastic straws is also prohibited. • 16. Only City approved concession facilities will be permitted. Any and all concession facilities must receive prior approval by the City, in accordance with_City Planning Department's Current Staff Design Guidelinesisee attached Exhibit 1). . Any cooking and heating facilities which were authorized and licensed as of September 5, • 2001, shall be permitted to remain for a period not to exceed the normal life expectancy (from manufacture date)of a facility located daily on an oceanfront beach,as determined by the manufacturer,following the City Commission's approval of future design standards for all beachfront concession facilities. The design standards approved by the City Commission shall be incorporated by adoption into these.Rules and Regulations. Thereafter, all Upland Owner Concessionaires shall be required to comply with the design standards,as adopted by the City Commission and incorporated herein. • Concession facilities,furnishings and equipment shall be neat,clean,and well maintained at • all times. The concession operation must be aesthetically pleasing and non-detrimental to the surrounding environment. • 17. , The following regulations specifically apply to Upland Owner Concessionaires offering •Watersport concessions: A. All propeller craft must have propeller guards. B.( All operations that involve the use of watercraft must have a"chase boat"available - readily available. The "chase boat" is subject to the prior approval of the City. C. The operation of all watersport activities shall.be conducted outside the 300 foot swimming area("guarded area")and no closer.than 400 feet of any lifeguard stand. The location, of the watersport concession.shall be subject to the approval of Page 3 of 8 appropriate City Departments. The Upland Owner Concessionaire must instruct all users as to all safety precautions, including avoidance of swimmers and bathers. D. All concession activities, including the placement and/or use of umbrellas,canopies, etc., shall not obstruct the view of a lifeguard. Any request from a lifeguard to relocate any item that obstructs his/her view shall be treated as an emergency and be relocated immediately. E. Upland Owner Concessionaires are responsible for instructing clients on safe operation of equipment including advisement to stay away from all"guarded areas." F. The "guarded area" extends 300 feet east of the shoreline, and 100 feet from the nearest bather or swimmer. G. Upland Owner Concessionaire must identify a channel to be used as an access route through which users of watersport equipment may leave the beachfront and enter open water. Said channel shall extend 300 feet east,and perpendicular to the shore line and be marked by removable orange colored buoys which shall be a minimum of eighteen (18) inches in diameter. There shall be a minimum of four(4) buoys on each side of the channel, equally spaced. H. Watercraft shall not exceed "idle speed"within the channel. I. Wearing a life jacket is required for all watersport activities(i.e. "wave runners", "jet skis"). J. Upland Owner Concessionaire shall prohibit anyone under the age of 18,to rent,or use any powered watercraft. K. Para-sailing shall be conducted only from winch boats beyond the designated swim areas. L. Upland Owner Concessionaire shall supply all users of watersport equipment with life jackets in appropriate sizes. M. All watercraft equipment shall meet the registration and license requirements of the State of Florida. N. All motorized equipment shall be equipped with approved kill switches in working order. O. Fueling 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;citizens, tourists,and the general public, must be kept a safe distance from where the fueling process is taking place. P. Any change or addition to a watersport concession operation requires review and written authorization by the City of Miami Beach. Q. All watersport concessions must be reviewed by the City's Marine Authority and approved by the City Manager or his designee. 18. - - -- - -- - -- - • •- ---- - - - - -- - ' •• - •- •- - Page 4 of 8 . (amended March 17, 2003; see rule 25) 19. A Food Service license issued by the Florida Department of Business Regulation -Division of Hotels and Restaurants for the food service unit must be supplied by the Applicant before a City Business Tax Receipt for a Food and Beverage Beachfront Concession may be issued. 20 • A City Business Tax Receipt(valid from October 1,through September 30, of each year)is required for each activity which the, Upland Owner Concessionaire operates on the beachfront(Example:an Upland Owner Concessionaire providing food and beverage,and beach equipment activities, must obtain two Business Tax Receipts). THE ISSUANCE OF A BUSINESS TAX RECEIPT BY THE CITY IS CONDITIONED UPON AND SUBJECT TO COMPLIANCE WITH THE RULES AND REGULATIONS CONTAINED HEREIN, AS SAME MAY BE 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 - - - UPLAND OWNER CONCESSIONAIRE TO OPERATE A BEACHFRONT CONCESSION. - 21. The Upland Owner Concessionaire must maintain the required insurance coverage, • described on the following page, at all times: 22. The City reserves the right to issue additional and/or amend the Rules and Regulations for Beachfront Concession Operations.Said additions shall be binding on all beachfront Upland Owner Concessionaires. 23. The City reserves the right to revoke an Upland Owner Concessionaire's authorization to operate and Business Tax Receipt(s)due to non-compliance with the Rules and Regulations herein specified. 24. Anyone found operating a concession prior to meeting all of the requirements outlined in the Rules and Regulations,and/or operating without the appropriate licenses and approvals,will be removed from the beach and will not be allowed to re-apply: 25. Rules for Use of Motor Vehicles and Small Off-Road Vehicles on the Beach: ' A. For purposes of the following rules,as herein adopted and made a part of the Rules and Regulations,the word"motor vehicle"shall mean any City approved automobile, truck, sport utility vehicle, and any other similar means of transportation that is approved and appropriately licensed by the State Department of Transportation • and/or State Department of Motor Vehicles,to travel on paved roadways(and shall also be deemed to include any trailer attached thereto). The term "small off-road vehicle" shall mean golf carts and all terrain vehicles (ATV's) (and shall also be deemed to include any trailer attached thereto). B. Concessionaire's motor vehicle, small off-road vehicle, and any trailer attached - '-thereto shall only be allowed on the beachfront for purposes of supplying the concession operation(s), and to initially deploy equipment at the beginning of the • day, remove equipment at the close of operations each day, and must be removed from the'beachfront immediately thereafter. Anyone operating a`motor vehicle or - small off-road vehicle for or on behalf.of Concessionaire must have a current valid - Florida Driver's License. Said supplying and removal operations shall only be permitted during Concessionaire's regular hours of operation, and shall be completed safely. No motor vehicle, or small off-road vehicle, and any trailer Page 5 of 8 • attached thereto, will be permitted on the beach after sunset or prior to sunrise. 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 operation as reflected in the Vehicle Information Sheet. C. Motor vehicles or small off-road vehicles', including any trailers attached thereto, operated on the beachfront shall not exceed 5 M.P.H.and shall only operate on the "hard packed sand"area in the immediate vicinity of the concession, 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 City's Agreement with Concessionaire authorizing the operation of a beachfront concession) the motor vehicle, or small off-road vehicle, and any trailer attached thereto, shall be removed from the beachfront area and parked in a legally authorized location of the beach. Driving on the beachfront area 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 from one Concession Area to another to service,supervise, or for any other reason, is prohibited. Concessionaire must exit onto the street as provided above to access other locations. All motor vehicles and small off-road vehicles, including trailers attached thereto,operated on the beach must have a tire- to-ground pressure of ten pounds per square inch (10 p.s.i) or less. D. Eighteen-inch(18")high cones,orange in color,shall be placed in front of,and at the rear of a motor vehicle when parked on the beach. Motor vehicle and small off-road vehicle operator must inspect the vehicle perimeter and surrounding area, prior to turning the vehicle ignition switch,to assure a clear path of egress and only proceed with extreme caution. Motor vehicles and small off-road vehicles must always remain on the "hard-packed" sand area. Driving or parking on any "soft-sand" area is prohibited. E. All motor vehicles must have signage, on each side, with the name of the concession operator in 4"high letters on a contrasting background,using a standard Helvetica type font. F. All small off-road vehicles must have signage with the name of the Concessionaire in 4" high letters on a contrasting background, using a standard Helvetica type font. G. Each concession operation shall be limited to the use of one (1) vehicle (whether said vehicle is a motor vehicle or a small off-road vehicle), and one (1)trailer attached thereto,to supply and/or service a concession operation. H. Due care and caution must be utilized at all times while driving any motor vehicle or small off-road vehicle, and any trailer attached thereto, on the beach. I. Prior to entering the beach area, drivers will turn on their vehicle headlights and flashers, if available. J. 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. K. All motor vehicles and small off-road vehicles,and any trailers attached thereto,shall stay west of the garbage cans on the hard packed sand at all times. The only exception to this rule is for concession operations that have been authorized to conduct watersport activities and are in the process of deploying, servicing, or removing watersport equipment from the concession operation. Said deployment, Page 6 of 8 servicing, or removal of watersport equipment must be conducted with no less than one additional concession employee that will be positioned on the beachfront, to directly supervise and guide, said deployment, service, or removal operation, to ensure the safety of the beach going public. Additionally, during any deployment, service, or removal operation, the Concessionaire shall be responsible 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 or small off-road vehicle, to create a clear non-obstructed path perpendicular to the shoreline,of no less than twenty-five feet(25'-0")in width(when measured from north to south).Vehicle driver and supervising concession employee must independently inspect the vehicle perimeter, surrounding area,and path(once marked)prior to turning the vehicle's ignition switch,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. L. Use of a cellular phone by the driver while the motor vehicle is in motion is prohibited. Motor vehicle gear shift must be placed in the "park" position and the emergency break engaged prior to any use of a cellular telephone by the driver. M. Concessionaire, its employees, and contractors, are prohibited from driving their personal vehicle, whether said vehicle is a motor vehicle, small off-road vehicle, or any other type of vehicle (e.g. motorcycle), on the beach at anytime. N. Any motor vehicle or small off-road vehicle not reflected in the attached "Vehicle Information Sheet", and/or not approved by the City, will be required to leave the beachfront immediately.Three(3)or more notices from the City of this violation may, at the discretion of the City, lead to the City's immediate revocation and/or termination of the Concessionaire's Agreement to operate its beachfront concession. 0. No motor vehicle, or small off-road vehicle, or any trailer attached thereto, may be parked or left unattended on the beach, at any time or for any reason. 7 F:\RHCD\$ALL\ECON\$ALL\ASSET\BEACHFRN\APPLICATION\2013\Consolidated Rules&Regulations.doc Page 7 of 8 MIAMIBEACH City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov Office of Real Estate,Housing&Community Development Tel:305.673.7193,Fax:305.673.7033 INSURANCE REQUIREMENTS Please submit all information to: City of Miami Beach Office of Real Estate 1755 Meridian Avenue, Suite 300 Miami Beach, Florida 33139 Additionally, please provide an updated Certificate of Insurance, as proof of vehicle liability insurance (City of Miami Beach must be named as an additional insured), in accordance with the current insurance requirements in the Rules and Regulations. Vehicle insurance shall be provided covering all owned, leased,and hired vehicles and non-ownership liability for not less that the following limits: • Bodily injury $1,000,000 per person • Bodily injury $1,000,000 per accident • Property Damage $1,000,000 per accident Notwithstanding any of the aforestated rules governing the use of motor vehicles, small off-road vehicles, and any trailer attached thereto, on the beach, any and all language, not otherwise here amended, contained in the Rules and Regulations and/or the Concession Agreement by and between the Concessionaire and the City shall continue to remain in full force and effect. I would like to thank you in advance for your prompt attention to this matter, and your continued cooperation in this regard. If you have any questions or require additional clarification,please do not hesitate to contact me at 305-673-7193. PLEASE BE ADVISED THAT FAILURE TO SUBMIT THE REQUESTED VEHICLE INFORMATION SHEET AND UPDATED CERTIFICATE OF INSURANCE (REFLECTING VEHICLE LIABILITY COVERAGE) PRIOR TO THE USE OF THE VEHICLE ON THE BEACH, MAY RESULT IN THE CITY'S IMMEDIATE TERMINATION OF YOUR AGREEMENT TO OPERATE A BEACHFRONT CONCESSION. F:\RHCD\$ALL\ECON\$ALL\ASSET\BEACHFRN\APPLICATION\2013\Consolidated Rules&Regulations.doc Page 8 of 8 • • ,... .H. ,-,..,:,,,,-..,.,:,,,,,,..:„., ,.,. ..... :_ „..,:‘,...,„,......,..„, .. _ .., . .. Exh Exhibit F . .,,:__ .'c'''-"'!"-"'''— '''--...",'":-..' :'',.:".-j-:•:::,'-,,':-.L.T.',...':,''''''..;:::::i;•.," ' - P c �, may s' .:7;,;:"1:;.'",',:':,..-'.-''' _ } ti: .r �' � - mo, ...•:- ...-.. r r r e'` fir • • • • 7( _ = -- . - r (`_ • • • MIAMI BEA OFFICE OF THE CITY MANAGER NO. LTC # 065-2016 LETTER TO COMMISSION °! TO: Mayor Philip:Levine and Members fthe City Co mission FROM: Jimmy L. Morales, City Manager DATE: February 9, 2016 SUBJECT: Marine and Waterfront Protection A thority: 2015 Resolutions related to Beachfront Concessions The purpose of this Letter to Commission (LTC) is to provide you with correspondence received from the Marine and Waterfront Protection Authority Board (MWPA) pertaining to Beachfront Concessions. Below please find MWPA Board resolutions passed during various MWPA 2015 meetings. MWPA recommended that the following motions be sent to the State of Florida for review. Marine and Waterfront Protection Authority Resolutions and Motions: • 1. That the workable (Beachfront Concessions) area shall consist of 60% of the concession area divided equally along the East-West centerline of the concession area. The remaining 40% shall be equally divided and laid along the North and South boundaries, and shall be called "buffer areas" and/or public • access. • Action: Motion made by Dr. Morris Sunshine, seconded by Cpt. Daniel Kipnis. • (Vote 7-0) 2. That highly visible physical markers be used to clearly identify usable and buffer areas and that these buffer zones be set by GPS. Action: Motion made by Sasha Boulanger, seconded by Dr. Morris Sunshine. (Vote 7-0) • 3. That buffer zones be reserved for use only by the public. Action: Motion made by Dr. Morris Sunshine, seconded by Albert Parron. (Vote 7-0) • 4. That the allowable storage area be reduced from 50%to 30%. Action: Motion made by Dr. Morris Sunshine, seconded by Sasha Boulanger. (Vote 7-0) • { 2 LTC 2015 MWPA Resolutions— February 9, 2016 Page 2 of 2 . 5. That storage be allowed North and South along the beach and not East and West as currently proposed. Action: Motion made by Dr. Morris Sunshine, seconded by Albert Parron. (Vote 7-0) is 6. That concessionaire beach chairs be provided on demand. Action: Motion made by Lizette Lopez, seconded by Albert Parron. Dr. Morris Sunshine amended the motion to allow for 10% of chairs to be set up at the beginning of the day, and that the rest of the chairs be provided as requested. 7. That concessionaires with cooking facilities be subject to at least one annual inspection.. Action: Motion made by Sasha Boulanger, seconded by Dr. Morris Sunshine. (Vote 7-0). 8. That the City consider instead of monetary fines, shutting down the operation of the site for varying lengths of time. • Action: Motion made by Dr. Morris Sunshine, seconded by Robert Schwartz. (Vote 7-0) 91( • JLM/SMT/Fit/RS M" C/MG/cir C: Susanne M. Torriente, Assistant City Manager Hernan Cardeno, Esq., Code Compliance Department Director Robert Santos-Aiborna, Code Compliance Assistant Department Director George Castel!, Code Compliance Manager Mercedes A. Carcasses, Code Compliance Administrator& Marine Authority Liaison :. Morgan Goldberg, Neighborhood/Community Affairs Committee Liaison F:1 CODE1$ALL\MARINE\Minutes120161LTCs\Concessionaires- 02.09.2016.docx Exhibit D NV /\\AdP)•>rs-: A, ,, -1‘4 , ' i__,-). LL c;i'A'',„ r ciL.F, City of Miami Beach, 1700 Convention Center Drive,Miomi Beach,FL 33139,www.miamibeachfl.gov TOURISM,CULTURE AND ECONOMIC DEVELOPMENT DEPARTMENT Office of Real Estate Tel:305-673-7193/Fax:786-394-4539 BEACHFRONT CONCESSION LAYOUT THE ONE HOTEL - 2377 COLLINS AV. — NORTH PROPERTY LINE EXTENSION -�, - ..,,,, �C 20% BUFFER ZONE ) , rirnu 2 / a / o (� u / (r _ CSC®O� LU = W Fhliiii:11 i s c C N ■ J CCCCCli 0 0 = z �, EhIUSC . W \, Z Ll.! ■ 1 a V 0 C eel c a c I z �`\ 0 p w IC a IC C E Cr) J W ®C C Q \ W 0 U m (� r CrelaE�® O w ' P � C r 1"'" 1 Li) w cQeacc■ Z O D c CC C� J -Z > U t._, II 0 ,6-:::-.6.,:.=.c:6 !D cc 0 Cr (/ wz W S Li © ti6 2 ;~c I 20% BUFFER ZONE i wi \ �� �. �'l i.• SOUTH PROPERTY LINE EXTENSION • , /. r i N Upland Owner Acknowledgement(please initial here) ^ We are committed to providing excellent public service and safety to all who live,work,and play in our vibrant,tropical,historic community. Exhibit E BEACH CONCESSION LAYOUT I DUNE I ROPE AND STAKE DUNE FENCE I 0 u z cc EMERGENCY VEHICLE PATH / HARD PACK I 70 I I I O m m x Po MIAMI-DADE COUNTY RECEPTACLE LINE I r rn `• O rzn m I m x x m I m w z w 5 I z z I T • - 10'FROM 'N HIGI� LIFEGUARD LINE OF SIGH WATER LINE OCEAN /V\I AAA I B EAC H City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.dov TOURISM,CULTURE AND ECONOMIC DEVELOPMENT DEPARTMENT Office of Real Estate Tel:305-673-7193/Fax:786-394-4539 Third 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 Concession Operator, 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 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 Concession Operator, Upland Owner Concessionaire, or Third Party Concession Operator. (d) 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 Concession Operator, all as determined by the City of Miami Beach. (e) 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. Page 1 of 38 (f) Direct City Concession Operator — a provider of beach concession management and operation services who has been contracted directly by the City of Miami Beach. (g) Motor Vehicle — any City-approved automobile, truck, sport utility vehicle, golf cart, all-terrain vehicle (ATV), 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. (h) 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 Concession Operators. (i) 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 watersports equipment; (2) the sale of food and/or beverages; or (3) the distribution, delivery, towing and return of anything, including, without limitation, jet skis, towels, chaises, cabanas, umbrellas, and personal property. (j) Upland Owner Concessionaire — the legal owner of the Upland Property and operator of a Beachfront Concession who is authorized: (1) to conduct its own beachfront operations; and/or (2) to subcontract its beachfront operations to a Third Party Concession Operator. (k) Upland Property — the folio of land adjacent to, and immediately westward of, the public beach utilized by an authorized Beachfront Concession. (I) 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 Concession Operator 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 Page 2 of 38 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 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 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 Concession Operator, 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 Concession Operator; (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 Page 3 of 38 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 on 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. (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. Page 4 of 38 (a) A City Business Tax Receipt (valid from October 1 through September 30 of the following year) is required for each activity which Concessionaire operates on the beachfront (Example: a Concessionaire providing 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) In addition to the Business Tax Receipts required in Paragraph 3(a) above, an Upland Owner Concession shall pay an Upland Fee, currently in the amount of $21.00 per Upland Unit for Fiscal Year 2015/16 (increased annually in accordance with the Consumer Price Index), up to a maximum of $15,000 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. c) 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 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. 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 Page 5 of 38 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 20th 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 31 (including Holidays as defined in Rule 8(b)(ii) and Weekends), Concessionaires 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 Page 6 of 38 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 52"d Terrace, Suite 101, Doral, Florida, 33166; telephone: 850-487-1395). (c) Cooking and heating Concession Facilities will only be permitted at those locations (1) where cooking and heating Concession Facilities activities have been continuously engaged in pursuant to a valid Business Tax Receipt from the City issued on or before September 5, 2001, and (2) the same Concessionaire has continued to possess a valid Business Tax Receipt for each year thereafter. Any cooking and heating Concession Facilities which were authorized and licensed as of September 5, 2001, shall be permitted to remain for a period not to exceed the normal life expectancy (from manufacture date) of a facility located daily on an oceanfront beach, as determined by the manufacturer, or two (2) years after the adoption of these Third Amended and Restated Rules and Regulations, whichever comes first. (d) Only City-approved Concession Facilities will be permitted. All Concession Facilities must be uniform in color, size, and style, for any given location. Any and all Concession Facilities must receive prior approval by the City, in accordance with the City Planning Department's current Beach Concession Design Guidelines (attached hereto as "Exhibit 2"). (e) 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. (f) Cooking and/or heating Concession Facilities shall only be permitted by means ( ) 9 9 Y P Y 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. (g) Notwithstanding any other provisions contained herein, all 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. 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. (b) Each Concessionaire shall be responsible for the collection of all trash, litter, disposable ashtrays, and cigarette and cigar butts within the entire Concession Area, Page 7 of 38 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. 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. 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, used in connection 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, 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 properly 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. Page 8 of 38 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. (c) 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 Code and any other applicable City, County, State, and Federal requirements. 11. ENVIRONMENTAL. The sale or consumption of beverages from cans or glass containers is prohibited. No Concessionaire, member of the public, or any other person or entity shall bring to, or keep or use on, the beach any such cans or glass containers. Beverages must only be dispensed by Concessionaires in, or consumed by members of the public from, paper cups or other biodegradable containers in accordance with applicable City, State, and County requirements. Utensils, plates, to-go, and any other food and/or beverage or food service items, dispensed by Concessionaires or used by members of the public, must only be made from paper or other biodegradable materials. The use of plastic straws (including biodegradable plastic straws) and expanded polystyrene by Concessionaires or members of the public is prohibited. Notwithstanding the foregoing, plastic bottles and plastic cups are permitted. Furthermore, Section 46-92(c) of the Code of the City of Miami Beach 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. Page 9 of 38 (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. (h) Each Concessionaire must comply 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) All 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. Page 10 of 38 (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. (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 must leave the beach 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 Page 11 of 38 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. (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 Page 12 of 38 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. (j) 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. (n) Each driver shall be required by the Concessionaire to drive with 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. 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; Page 13 of 38 (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 Violations 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 Concession 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 (2) the Concessionaire, within ten (10) days after issuance of the Notice 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 i n of Beachfront Concession is a danger to determination that the continued operat o o the g p ublic 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. Page 14 of 38 Exhibit 1 BEACH CONCESSION LAYOUT DUNE 1 ROPE AND STAKE DUNE FENCE I I 0 Cr) c z PATH HARD PACK I x c EMERGENCY VEHICLE P / H I I I -0 I O � o 1 m - in 70 x -< MIAMI-DADE COUNTY RECEPTACLE LINE I-\\ r z z I . - 9 • ® m m m x x m m m z z cn cn O z I z z I A.1\ --FROM MEAN HIGH UARD LINE 4F SIGHT OR 10 LIEG WATER LINE OCEAN Page 15 of 38 Exhibit 2 BEACH CONCESSION DESIGN GUIDELINES Concession Hut 0 1 a'—a' 40" MAX r 1 J L i r I = :C Page 16 of 38 Large Storage Box c Pr MAX J I� w -co 01, Page 17 of 38 Small Storage Box ]"lo MAX L P a'—o" Page 18 of 38 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 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 Page 19 of 38 evocative of the upland architecture, and shall be subject to the review and approval of Design Review staff. 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 Workable 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 20 of 38 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. The State of Florida Department of Environmental Protection reserves the right to review and permit all structures, including Concession Huts and Storage Boxes, pursuant to Section 161.56 of the Florida Statutes. Page 21 of 38 Exhibit 3 BEACHFRONT CONCESSION APPLICATION APPLICATION INFORMATION FOR BEACHFRONT CONCESSION OPERATIONS All Upland Owner Concessionaire applicants are required to obtain written City authorization (Letter Agreement), City Business Tax Receipt(s), Planning Department design approval, and any other authorization and/or permit required from the City, in addition to meeting any other County, State, or Federal requirements. All authorizations and/or permits 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 permit at any time by giving thirty (30) days written notice of such termination. All Beachfront Concession Permits are subject to an annual upland fee. The annual upland fee for fiscal year 2015/16 consists of twenty one dollars ($21.00) per upland unit, plus annual increases based on the Consumer Price Index (CPI), with a maximum of fifteen thousand dollars ($15,000) per upland property, plus annual increases based on the Consumer Price Index (CPI), and will be required for each concession location, plus any applicable taxes. All tax receipts and upland fees shall be due and payable prior to October 1st of each year thereafter. City 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 2015/16 fees are listed below. The fees shall be increased annually based on the Consumer Price Index (CPI). Beach Equipment $734.00 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. beach ball, bucket/shovel/rake, kadima paddles) Food and Beverage. ....$734.00 per year Watersport (only for those with existing City channels) $734.00 per year Page 22 of 38 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 issuance of a letter agreement and respective 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 letter agreement will be forwarded to you for execution. Once said letter agreement is executed and returned to the City, final authorization will be granted and you may apply for your business tax receipt(s). Please be advised that operation of a beachfront concession without proper authorization and/or permit, including but not limited to: letter agreement(s), 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. Page 23 of 38 ANY BEACH CONCESSION FOUND TO BE OPERATING WITHOUT CITY AUTHORIZATION SHALL BE CONSIDERED TO BE TRESPASSING AND WILL BE REMOVED FROM THE BEACH AND ANY EQUIPMENT WILL BE 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. APPLICATION FOR BEACHFRONT CONCESSION OPERATIONS (as amended through May 11, 2016) SECTION 1 LOCATION OF CONCESSION REQUESTED Address: Name of Upland Owner: (name of Hotel,Condominium,Apartment Building,etc.) SECTION 2 TYPE OF CONCESSION(S) REQUESTED ❑ Food and non-alcoholic beverages (cooking/heating prohibited*) * Cooking and heating will only be permitted at those facilities/locations where cooking and heating activities were being conducted and possessed a valid/current business tax receipt from the City on September 5, 2001. ❑ 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 Upland Owner Concessionaire: (i.e.:Corporation,Partnership,LLC,other) Name of Authorized Representative: Title of Authorized Representative: Principal Business Address: Telephone No.: Facsimile No.: Email.: Page 24 of 38 CHECK ONE: ❑ Corporation ❑ Partnership ❑ LLC ❑Other Section 4 on the following page must be fully completed. SECTION 4 CORPORATE INFORMATION Corporate Name: Date of Incorporation: State Incorporated: If Foreign, Date of Registration with Florida Secretary of State: Name of Registered Agent: Address of Registered Agent: President's Name: Vice-President's Name: Treasurer's Name: Board of Directors: Page 25 of 38 SECTION 5 OPERATOR INFORMATION Name of Third Party Concession Operator: Name of Authorized Representative: Title of Authorized Representative: Principal Business Address: Telephone No.: Facsimile No.: Email.: CHECK ONE: ❑ Corporation ❑ Partnership❑ LLC ❑ Other SECTION 6 RATE AND FEE SCHEDULES The base fee of $21.00 per upland unit, with a maximum of $15,000 per upland property, will be required of each concession location and are subject to adjustment and these fees shall be due and payable in advance prior to issuance of a Concession Permit, and prior to October 1, of each year thereafter. Page 26 of 38 UPLAND OWNER CONCESSIONAIRE ACKNOWLEDGEMENT AND AUTHORIZATION I have read and understand the attached Rules and Regulations for Beachfront Concession Operations, and agree to abide and be bound by the terms and conditions contained herein. I further understand that as Upland Owner Concessionaire, I will be responsible for any financial obligations associated with the concession operation, including any required occupational licenses, permits, fees, and/or any fines, penalties, and the satisfaction of any liens, which are imposed related to this beachfront concession. Furthermore, I affirm that all of the information I have provided herein is true and correct. Address of Upland Property: (address of Hotel, Condominium, Apartment Building, etc.) Name of Upland Property: (name of Hotel, Condominium, Apartment Building, etc.) Name of Upland Owner: (name of Corporation, Partnership, LLC, other) Name and Title of Upland Owner's Authorized Representative: (please print) Signature of Authorized Upland Owner's Representative 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. Page 27 of 38 • (Signature of Notary) (affix seal here) 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: Food//BeverageTrailers: Concession Huts: Page 28 of 38 _ // NORTH PROPERTY LANE EXTENSION _ ∎∎/ O Other Equipment: 1 __- a J I W w _'^ J 1 F 4 `� W I W 'o ° j �� z Z w r = ° Q O l 2 ^— W _ Z o __ ILL U 1 W �° O w Number of Personnel —'� --- ; -- -- -�'3 SOUTH PROPERTY LINE EXTENSION Hours of Operation: BEACHFRONT CONCESSION LAYOUT In the space provided below draw the specific-number of items and equipment as listed on the Operational Plan. (See sample to the right) I Page 29 of 38 EVACUATION PLAN 7--NORTH PROPERTY LINE EXTENSION O 2 o O z 0 Z 1Q J w O o- J ` 2 z o Q 0 ill z 0 z w 10 z I � Q 0 < � CC O W Y 0 W � W J z 0(n = 0 (n D 2 O W 0 9LO 0 0 Q 0 O , Lt! W 0 Q Z 0 Q — Z J ce O o 0 Z Q Y J W D c6 o w o Iw1 o _ SOUTH PROPERY LINE EXTENSION O 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. Page 30 of 38 Page 31 of 38 Beachfront Concessionaire VEHICLE INFORMATION SHEET Name of Upland Owner/ Concessionaire and Third Party Concession Operator: Address of Upland Owner/Concessionaire and Third Party Concession Operator: , Miami Beach, Florida, 331 , Florida, 33 ❑ Check if no vehicle will be used for this concession Specify type of vehicle - Motor Vehicle or Small Off-Road Vehicle - requested to be used by Upland Owner / Concessionaire and 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: Page 32 of 38 Vehicle 2 (If Applicable): Vehicle Type: Vehicle Make: Vehicle Model: Vehicle Year: Vehicle Color: Vehicle Tag: • Location of nearest Beach Access Point: 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 Page 33 of 38 Date Exhibit 4 SAFE DRIVING AGREEMENT (Full Corporate Name of Direct City Concession Operator 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, or 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 Page 34 of 38 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). (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 Prohbited. 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 accident 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 Page 35 of 38 Typed or Printed Driver's Name 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 36 of 38 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 Concession Operator, 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. Page 37 of 38 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. T:\AGENDA\2016\May\TCED\Beachfront Concessions\Exhibit C-Beachfront Concessions Rules and Regulations(Final).docx Page 38 of 38