HomeMy WebLinkAbout2001-24251 Reso
RESOLUTION NO.
,JCYOF24251
A RESOLUTION OF THE MA YORAND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
A FIRST AMENDMENT TO THE RULES AND
REGULATIONS FOR BEACHFRONT CONCESSION
OPERATIONS; (1) PROHIBITING THE COOKING AND/OR
HEATING OF FOOD; (2) PROHIBITING THE USE OF
GENERA TORS AND/OR COMBUSTIBLE FUELS; (3)
PROHIBITING THE USE OF TRUCKS AND/OR TRAILERS
FOR DISPENSING OF SERVICES AND/OR STORAGE OF
EQUIPMENT AND SUPPLIES ASSOCIATED WITH
BEACHFRONT CONCESSION OPERATIONS; AND (4)
REQUIRING COMPLIANCE BY OCTOBER 1, 2001.
WHEREAS, on December 20, 2000, the Mayor and City Commission requested that the
Administration review the issues contained in Commissioner Liebman's November 27, 2000,
memorandum and provide recommendations regarding same; and
WHEREAS, the Administration reviewed the matter, including recommendations received
from the Ocean Drive Association; Marine Authority; and Beach Preservation Committee; and
WHEREAS, in light of the State of Florida's lack of response with regard to the City's
September 2000 request for its review of the Proposed Comprehensive Amended Rules and
Regulations for Beachfront Concession Operations, at the January 10, 2001, City Commission
meeting, the Administration provided recommendations via Commission Memorandum No. 29-01;
and
WHEREAS, the Mayor and City Commission approved the recommendations and directed
the Administration to amend the existing Rules and Regulations accordingly, pending the approval of
the Proposed Comprehensive Amended Rules and Regulations for Beachfront Concession
Operations; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission approve and adopt a First Amendment to the Rules and Regulations for Beachfront
Concession Operations; (I) prohibiting the cooking and/or heating of food; (2) prohibiting the use of
generators for cooking and/or heating of food; (3) prohibiting the use of trucks and/or trailers for
dispensing of services and/or storage of equipment and supplies associated with beachfront
concession operations; and (4) requiring compliance by October 1,2001.
PASSED AND ADOPTED this
31st
A~~ ~~
CITY CLERK
MAYOR
F:\DDHP\$AIl..\ASSE1\BEACHFRNIPRN A
ARTICLE IV. RECREATIONAL VEHICLES, TRUCKS, TRACTORS,
TRAILERS AND SEMITRAILERS.
*County Code cross references--Penalty for violation of parking regulations, ~ 30-388.32;
enforcement procedures, ~~ 30-389.1--30-389.5.
Sec. 106-151. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Net weight means the actual scale weight with complete catalogue equipment.
Semitrailer means any two-wheeled vehicle coupled to or drawn by or designed to be
coupled to or drawn by any motor vehicle.
Tractor means any motor vehicle having four or more wheels designed or used for
drawing other vehicles, but having no provision for carrying loads.
Trailer means all vehicles of four or more wheels coupled to or drawn by or which are
designed to be coupled to or drawn by any motor vehicle.
Truck means any motor vehicle designed or used principally for carrying things other
than passengers, including a motor vehicle to which has been added a cabinet box, platform,
rack or other equipment for the purpose of carrying merchandise other than the person or
effects of passengers; also, any unit consisting of a tractor and trailer so constructed as to haul
merchandise or loads other than persons; also, ambulances, hearses or automobile wreckers
owned and used by a garage in connection with its regular business.
(Code 1964, ~ 44-38)
Cross reference(s)--Definitions generally, ~ 1-2.
Attachment II
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f\.us
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COMMISSION MEMORANDUM NO.
C9{-O l
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: January 31, 2001
SUBJECT:
Jorge M. Gonzalez \1 A ~
City Manager OV 0
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING A FIRST
AMENDMENT TO THE RULES AND REGULATIONS FOR BEACHFRONT
CONCESSION OPERATIONS; (1) PROIDBITING THE COOKING AND/OR
HEATING OF FOOD; (2).lROHIBITING THE USE OF GENERATORS
AND/OR COMBUSTIBLE FUELS; (3) AND PROHIBITING THE USE OF
TRUCKS AND/OR TRAILERS FOR DISPENSING OF SERVICES AND/OR
STORAGE OF EQUIPMENT AND SUPPLIES ASSOCIATED WITH
BEACHFRONT CONCESSION OPERATIONS
FROM:
ADMINISTRATION RECOMl\1ENDATION:
Adopt the Resolution.
ANALYSIS:
On December 20, 2000, the Mayor and City Commission requested that the Administration review
the issues contained in Commissioner Liebman's November 27, 2000, memorandum and provide
recommendations regarding same.
The Administration reviewed the matter, including recommendations received from the Ocean Drive
Association (Attachment I), Marine Authority and Beach Preservation Committee. In conclusion,
and in light of the State of Florida's lack of response with regard to the City's September 2000
request for its review of the Amended Rilles and Regulations for Beachfront Concession Operations,
at the January 10, 2001, City Commission meeting, the Administration provided recommendations
via Commission Memorandum No. 29-01. The Mayor and City Commission approved the
recommendations and directed the Administration to amend the existing Rules and Regulations
accordingly, pending the approval of the Proposed Comprehensive Amended Rilles and Regulations
for Beachfront Concession Operations.
AGENDAITEM R7E:
DATE /-3/-(1/
(
As such, the attached amendments to the Rilles and Regillations reflect those amendments approved
by the Mayor and City Commission on January 10, 2001. Said amendments are limited to the
following:
Cooking and Heating Facilities
Cooking and/or heating facilities will be prohibited on the beachfront. Only the sale offoods
that do not require cooking and/or heating will be allowed. This proposed Amendment shall
be reflected in Paragraph 2 of the existing Rules and Regulations.
Generators and/or Combustible Fuels
As a result of the aforementioned, the use of generators and/or combustible fuels, which may
be used for heating and/or cooking purposes, will also be prohibited. This proposed
Amendment shall be reflected in Paragraph 2 of the existing Rules and Regulations.
Concession Trailers and Trucks
The use of trailers and/or trucks, as defined in Miami Beach City Code Section 106-
151(Attachment II), for dispensing of services and/or storage of equipment and supplies
associated with beachfront concession operations will be prohibited on the beachfront. Only
City approved facilities (kiosks, huts, storage containers) that comply with current design
guideline policies and Rules and Regulations will be permitted. This proposed Amendment
shall be reflected in Paragraph 16 of the existing Rules and Regulations.
The Administration recommends that the Mayor and City Commission adopt the attached Resolution
which amends the existing Rilles and Regulations by including language. prohibiting the cooking
and/or heating offood, prohibiting the use of generators and/or combustible fuels, and prohibiting
the use of trucks and/or trailers for dispensing of services and/or storage of equipment and supplies
associated with beachfront concession operations.
The Administration further recommends that the Amendments become effective on May 1,2001,
in order to provide a reasonable grace period for concessionaires to comply with the new Rilles and
Regulations.
JMG:cM'E;mv
T:\AGENDA\2001\JAN31 0 1 \REGULAR\BEACHR&R.MEMl/22/01
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City of Miami Beach
APPLICATION FOR
PRIVATE BEACHFRONT CONCESSION
SECTION 1:
LOCATION OF CONCESSION REQUESTED
Address:
Name of Hotel/Condo/Other:
SECTION 2:
TYPE OF CONCESSION(S) REQUESTED
o Food and non-alcoholic beverages (Cooking and Heating Prohibited effective 10/1101)
o Beach equipment rentals (beach chairs, umbrellas, rafts, etc.)
o Water recreational rentals (jet skis, wave-runners, surfboards, etc.)
SECTION 3.
APPLICANT INFORMATION
Name of Business:
Representative, Title:
Principal Office Address:
Telephone Number:
Facsimile No.
CHECK ONE :
( ) Individual
( ) Partnership
( ) Corporation
If a Corporation, Section 4 on the following page must be fully completed.
(continued on Page 2)
(Rev. 1/31/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.AMD
Page 1 of 13
APPLICATION FOR
PRIVATE BEACHFRONT CONCESSION
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:
SECTION 5:
UPLAND OWNER INFORMATION
Name of Owner:
Address:
Telephone No:
Facsimile No.
Authorized Representative, Title:
(Rev. 1/31/01)
F:\OOHP\$ALL\ASSET\BEACHFRN\RULEREGS.AMD
Page 2 of 13
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City of Miami Beach
RULES AND REGULATIONS
FOR BEACHFRONT CONCESSION OPERATIONS
The City of Miami Beach has established policies and procedures concerning the management
and operation of beachfront concessions. The following rules and regulations shall apply to
all beachfront concession operators.
1. If the concession includes food and beverage service, then at least one supervisory employee
must possess a Food Service Management Certification issued by a County Public Health
Department in Florida. In addition, each food service unit, cart or facility must be licensed
by the Florida Department of Business Regulation - Division of Hotels and Restaurants
(8405 N,W. 53rd Street, Miami; telephone number is 470-5680).
2. Cooking and/or heating facilities will be prohibited on the beachfront. Only the sale of foods
that do not require cooking and/or heating will be allowed. As a result of the
aforementioned, the use of generators and/or combustible fuels, which may be used for
heating and/or cooking purposes, will also be prohibited. (Effective 10/l/20Ot)
3, The 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 Concessionaire.
4. The Concessionaire must provide the City written authorization from the upland owner (see
page 12), allowing the Concessionaire to operate behind the upland owner's property. Said
authorization must contain the name, title, and signature of an authorized representative
of the upland owner, and must be notarized. The Concessionaire's application will not be
considered until said authorization is presented to the City's Asset Manager. A new
authorization form from the upland owner is required in order to be eligible for renewal of
the Occupational License each year.
5. The 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 Concessionaire.
(Rev. 1/31/01)
F:\OOHP\$ALL\ASSET\BEACHFRN\RULEREGS.AMD
Page 3 of 13
RULES AND REGULATIONS
FOR BEACHFRONT CONCESSION OPERATIONS
7. The Concessionaire must prepare a written evacuation plan for the prompt removal of all
mobile units used in the concession operations from the beachfront within one (I) hour of
notification by appropriate City authorities. This plan must be submitted to the City for
approval (see page 10). An operation plan must also be submitted (see page 9).
8. There shall be no overnight storage of any kind east of the dune line on the beach, except for
the following:
a) Beach chairs will be permitted to remain on the sand overnight, as long as they are
in good condition, neatly stacked (a maximum of 10 chairs per stack for plastic, and
4 chairs per stack for wood), and arranged side by side adjacent to the concession
stand.
b) Concession Kiosks, will be allowed to remain on the beach, as long as they are well
maintained and kept west of the lifeguard stands.
Violators will have their concessions closed and the City shall have the right to confiscate
any and all equipment left on the beach overnight.
9, The City of Miami Beach retains the authority to determine the number of employees
required for each concession.
10, Concessionaire will conduct its operations so as to maintain reasonable quiet and make no
public disturbances. Hawking to attract attention, and/or summoning or accosting any
person, is prohibited. The playing of any music, or allowing any other activity, that disturbs
the public is prohibited.
11, Vehicles are only allowed in areas where roadways are provided, and may only park only in
areas designated for vehicle parking. Concessionaire's vehicles shall only be allowed on the
beachfront for purposes of supplying the concession's operations, and to remove equipment
at the close of operations each day, and must be removed from the beachfront immediately
thereafter,
12. Concessionaire will be responsible for any damage caused to any City-owned property or
the beachfront during the time of its usage of said area.
13. F or any event at which a larger than ordinary attendance is expected, the Concessionaire
must inform the City of Miami Beach Police Department of expected attendance and comply
with Police supervision requirements.
14. All 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.
(Rev. 1/31/01)
F:\OOHP\$ALL\ASSET\BEACHFRN\RULEREGS.AMD
Page 4 of 13
L-
RULES AND REGULATIONS
FOR BEACHFRONT CONCESSION OPERATIONS
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. The use of trailers and/or trucks, as defined in Miami Beach City Code Section 106-151, for
dispensing of services and/or storage of equipment and supplies associated with beachfront
concession operations will be prohibited on the beachfront. Only City approved facilities
(kiosks, huts, storage containers) that comply with current design guideline policies and these
Rules and Regulations will be permitted. (Effective 10/1/2001)
The concession facilities and the concession furnishings and equipment shall be neat, clean,
and well maintained at all times. The concession operation must be aesthetically pleasing
and non-detrimental to the surrounding environment.
17. The following regulations specifically apply to Concessionaires offering Water Recreational
Equipment:
A. All propeller craft must have propeller guards.
B. All operations that involve the use of water craft must have a "chase boat" available
readily available. The"chase boat" is subject to the approval of the City.
C. The operation of all water sport activity shall be conducted outside the 300 foot
swimming area ("guarded area") and no closer than 400 feet of any lifeguard stand.
The location of beach front operations shall be subject to the approval of appropriate
City Departments. The 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, cabanas,
sailboat, 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. Concessionaires are responsible for instructing clients on safe operation of equipment
including advisement to stay away from all "guarded areas."
F. The "guarded area" extends 300 feet east of the shoreline, and 100 feet from the
nearest bather or swimmer.
G. The Concessionaire must identify a channel to be used as an access route through
which users of water recreational equipment may leave the beachfront and enter open
water. Said channel shall extend 300 feet east, and perpendicular to the shore line
and be marked by removable orange colored buoys which shall be a minimum of
(Rev. 1/31/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.AMD
Page 5 of 13
RULES AND REGUlATIONS
FOR BEACHFRONT CONCESSION OPERATIONS
eighteen (18) inches in diameter. There shall be a minimum of four (4) buoys on
each side of the channel, equally spaced.
H. Watercraft shall not exceed "idle speed" within the channel.
I. Wearing a life jacket is required for all water activities (i.e. "hobie cats", "wave
runners", "parasailing", etc).
J. Concessionaire shall prohibit anyone under the age of 16, to rent, or use any powered
or sailing watercraft, .
K. Para-sailing shall be conducted only from winch boats beyond the designated swim
areas.
L. Concessionaire shall supply all users of water recreational 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 power equipment shall be equipped with approved killswitches in working order,
O. Fueling is allowed on the beach under the following conditions~: 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 an concession operation requires review and written
authorization by the City of Miami Beach.
Q. All water sports concessions must be approved by the City's Marine Authority and
by the City Manager or his designee.
18, Any transport vehicles operated on the beachfront shall not exceed 10 m.p.h., and shall only
operate in the area of the concession or to-and-from the nearest access ramp. After
transporting equipment to the concession site, the vehicles shall be removed from the
beachfront area and parked in a legally authorized location. Driving on the beachfront area
shall be kept to a minimum,
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 Occupational License for a Food and Beverage Beachfront Concession may be issued.
(Rev. 1/31/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.AMD
Page 6 of 13
RULES AND REGULATIONS
FOR BEACHFRONT CONCESSION OPERATIONS
20, A City of Miami Beach Occupational License (valid from October 1, through September 30,
of each year) is required for each activity which the Concessionaire operates on the
beachfront ( Example: a concessionaire providing food and beverage, and water sports
activities, must obtain two Occupational Licenses).
THE ISSUANCE OF AN OCCUP A TIONAL LICENSE BY THE CITY IS
CONDITIONED UPON COMPLIANCE WITH THE RULES AND REGULATIONS
CONT AINED HEREIN. SAID OCCUPATIONAL LICENSE SHALL BE
CONSIDERED NULL AND VOID IF THE CITY WITHDRAWS, DISCONTINUES,
OR OTHERWISE REVOKES THE AUTHORIZATION GRANTED TO THE
CONCESSIONAIRE TO OPERATE A BEACH FRONT CONCESSION.
21. The Concessionaire must maintain the required insurance coverage, described on the
following page, at all times.
22. The City reserves the right to issue additional Rules and Regulations for Beachfront
Concession Operations. Said additions shall be binding on all beachfront Concessionaires.
23. The City reserves the right to revoke a Concessionaire's authorization, and Occupational
License(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.
(Rev. 1/31/01)
F:\OOHP\$ALL\ASSET\BEACHFRN\RULEREGS.AMD
Page 7 of 13
RULES AND REGULATIONS
FOR BEACHFRONT CONCESSION OPERATIONS
INSURANCE REQUIREMENTS
The Concessionaire shall carry and maintain in full force and effect, at all times during its operation,
the following insurance coverage.
1. Comprehensive General Liability in the minimum amount of five hundred thousand dollars
($500,000)1 per occurrence for bodily injury and property damage, This policy must also
contain coverage for premises, operations, products, and contractual liability.
2. The City must be named as an additional insured on the policies required above.
3. Workers' Compensation and Employers' liability to meet the statutory requirements of the
State of Florida.
4. The City shall receive thirty (30) days advance written notice of cancellation or changes of
the above-mentioned policies.
5. All insurance policies shall be issued by companies authorized to do business under the laws
of the State of Florida and must have a rating ofB+:VI or better per A.M. Best's Key Rating
Guide, latest edition.
6. The Concessionaire shall furnish original Certificates of Insurance, evidencing the required
coverage, and receive approval of same, prior to the commencement of operations.
7. Certificates of Insurance must be approved by the City's Risk Manager before start up of
operations.
A minimum coverage of one million dollars ($1,000,000) is
required for water sports operations.
(Rev. 1/31/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.AMD
Page 8 of 13
WORKERS COMPENSATION EXEMPTION ACKNOWLEDGMENT
Date:
Cliff Leonard
Office of Risk Management
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
RE:
name of concessionaire
upland address
Dear Mr. Leonard:
type of concession(s)
upland hotel name
Please be advised that the above referenced beach concession is exempt from the
State of Florida's Worker's Compensation Insurance requirements. I will only be
employing individual{s} to work at this concession.
Sincerely,
Print name of Concession Representative
Signature
c: Jose Damien, Asset Manager
F:\DDHP\$ALL\ASSET\BEACHFRN\PRIV A TE\WORKCOMP.L TR
RULES AND REGULATIONS
FOR BEACHFRONT CONCESSION OPERATIONS
OPERATIONAL PLANS
Please describe your proposed operations including specific numbers and types of equipment (attach
a photograph, copy of brochures or other descriptive materials for equipment), number of personnel,
and hours of operation (NOTE: The concession is to be open and operating seven days a week,
weather permitting). If a water re~reational concession is requested, attach a sketch illustrating the
placement of the equipment as required in the Rules and Regulations, Information should also
include the type and number of beach chairs, type and number of umbrellas, type and number of
water craft, etc.)
YOUR AUTHORIZATION WILL BE GRANTED EXCLUSIVELY FOR THE ITEMS AND
EQUIPMENT LISTED HEREIN. PLEASE BE SPECIFIC.
(PLEASE TYPE)
(Rev. 1/31/01)
F:\OOHP\$ALL\ASSET\BEACHFRN\RULEREGS.AMD
Page 9 of 13
RULES AND REGULATIONS
FOR BEACHFRONT CONCESSION OPERATIONS
EVACUATION PLAN
Please describe in full detail your evacuation plan in case of a natural disaster such as a hurricane,
All your equipment must be off the beach and safely stored within one (1) hour's notice given by the
City. Identify the storage space, and its location, that you would use in this type of situation.
(PLEASE TYPE)
(Rev. 1/31/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.AMD
Page 10 of 13
BEACHFRONT
CONCESSION
LAYOUT
In the space provided below draw the dimensions
of the' space you are proposing to use. Include in
the diagram the specific use that you are
proposing within the space (see sample to the
right), Please be specific.
u
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o
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Property Line ~
Hotel
'--Property L~e
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ea'
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~: ~-_..---._-----~--------
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Example
UPLAND OWNER ACKNOWLEDGEMENT AND AUTHORIZATION
(Rev. 1/31/01)
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Page 11 of 13
RULES AND REGULATIONS
FOR BEACHFRONT CONCESSION OPERATIONS
UPLAND OWNER ACKNOWLEDGEMENT AND AUTHORIZATION
I have read and understand these Rules and Regulations for Beachfront Concession Operations, and
agree to abide and be bound by the terms and conditions contained herein. Furthermore, I hereby
authorize the following entity to operate at the location reflected below for the period of time and
the activities outlined herein:
Upland Owner:
(i.e. Name of Hotel, Condominium Association)
Upland Address:
(i.e. Address of Location Where Authorization is Being Granted)
Name of Authorized Entity:
(Concessionaire)
Principal:
Term of Authorization:
Type of Activity:
o Food & Beverage Sales (Cooking &Heating Prohibited effective 10/1101)
o Beach Equipment Rental (i.e. beach chairs and umbrellas)
o Water sports (i.e. "wave runners", "para-sailing", sail boats)
Any authorization previously granted, to any other entity, to operate any activity at this location is
hereby withdrawn.
Signature of Authorized Upland Representative
Type or Print Name of Authorized Upland Representative
STATE OF FLORIDA)
~
COUNTY OF DADE)
The foregoing instrument was sworn to, subscribed, and acknowledged, before me this _ day of
200_. The Affiant, , is either personally known to the undersigned authority or
has produced as identification, and who did/did not take an oath.
(Signature) (Name of Notary Printed or Typed)
Notary Public, State of Florida-at-Large
My Commission Expires:
(Rev. 1/31/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.AMD
Page 12 of 13
RULES AND REGULATIONS
FOR BEACHFRONT CONCESSION OPERATIONS
CONCESSIONAIRE ACKNOWLEDGEMENT
I have read and understand these Rules and Regulations for Beachfront Concession Operations, and
agree to abide and be bound by the terms and conditions contained herein. Furthermore, I affirm that
all of the information I have provided herein is true and correct.
Upland Property Name:
(i.e. Name of Hotel, Condominium Association)
Upland Property Address:
(i.e. Address of Location Where Concession Will be Operated)
Name of Concession Operator:
Title of Authorized Representative:
Name of Authorized Representative:
Signature of Authorized Representative
ST A TE OF FLORIDA)
9
COUNTY OF DADE)
The foregoing instrument was sworn to, subscribed, and acknowledged, before me this _ day of
200_0 The Affiant,
has produced
, is either personally known to the undersigned authority or
as identification, and who did/did not take an oath.
(Signature)
Notary Public, State of Florida-at-Large
(Name of Notary Printed or Typed)
My Commission Expires:
------------------------------------
APPROVED FOR THE CITY OF MIAMI BEACH, THIS
DAY OF
,200_, BY:
Signature
Name
Title
(Rev. 1/31/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.AMD
Page 13 of 13
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DESIGN STANDARDS
1. Concession Facility Design Standards
a. Storage facilities for lounge chair pads, umbrellas, and sun canopies
1. Storage facilities shall be equipped so as to be fully mobile via trailer or other
towing mechanism incorporated internally, for immediate removal from the
beach upon demand by the City, or in cases of mandatory emergency
evacuation. Skids shall not be used if the concession facilities are to be
towed.
11. Plans for concession and storage facilities should include accurate
dimensions and scale,
111. Storage facilities shall be designed for the horizontal storage of chaise lounge
pads, umbrellas and similar items and shall not exceed a maximum size of
eight feet (8'-0") in length, four feet (4'-0") in width and an overall height of
four feet (4'-0") above the sand,
IV. Storage facilities shall be designed and detailed in a manner appropriate to
the unique beach environment inclusive of construction materials, finishes
and color, subject to the review and approval of Design Review staff.
v. Skids shall nQt be used if the storage facilities are to be towed.
VI. No signage shall be permitted on storage facilities, except a discreetly located
plaque measuring four inches by six inches (4" x 6"), identifying the
Concessionaire's name, address and telephone number.
b. Concession facilities for the rental of beach equipment, and/or watersports, and/or
the sale or distribution of food and/or beverages (non-alcoholic beverages only).
1. Concession facilities shall have a maximum floor area of sixty-four (64)
square feet with exterior dimensions not to exceed nine feet (9'-0") in height
from the sand to the eave line (i.e" the intersection of the roof and the
exterior walls). Architectural projections above the eave line may not exceed
twelve feet (12'-0") in height from the sand (i.e" roof and roof related
architectural elements), with the exception of poles or masts for signage
banner! pennants attached to the facility, which shall not exceed fourteen feet
(14'-0") in height from the sand.
11. All facilities shall be designed to preserve vistas and shall be fully open from
(42") inches above the finished floor deck to eight feet (8'-0") above the sand,
with the exception of structural columns or posts, and a contiguous maximum
of25% of its overall perimeter dimension.
F:\DDHP\$ALL\ASSET\DESIGN.R&R
September 28, 1999
lll. Any security side panels that may be used as shade devices shall be fully
supported from the structure itself and shall not contain independent vertical
support columns to the sand.
IV. All building construction materials and finishes shall be appropriate to and
consistent with the unique beach environment, subject to the review and
approval of Design Review staff.
v. All concession facilities shall be designed so as to facilitate their immediate
removal from the beach aftheeI1d6feach day, 01' removal upon demand by
the City.
VI. Seating areas inclusive of tables and chairs shall not be permitted in or
around the structure.
Vll. Signage shall consist of only a fabric banner/ pennants only, which may be
attached either to a single mast or span between two (2) poles which are
directly attached to the structure itself. The size of the banner/ pennant shall
not exceed ten {lO)squarefeet. The overall dimensi<ms, wording, color,
placement, design, and mounting systems for said banner/ pennant shall be
subject to the review and approval of Design Review staff, The wording on
the banner shall be generally limited to the name of the concessionaire and
the primary establishment service.
Vlll. Exterior surface colors and finishes shall be appropriate to the design of the
structure, as well as the surrounding beach environment, subject to the review
and approval of Design Review staff.
c. General Restrictions
1. Umbrella Signage: shall be restricted to the valance area with letters no more
than three inches in height and copy limited to the name of the upland
property (e.g. hotel name).
ll. Sun Canopies: shall be restricted to the tanning zone (Zone 3) west of the
lifeguard stands and shall not exceed (4'-0") in height above the sand.
d. Design Review Application Requirements (Planning Department)
1. A one hundred dollar ($100) application fee shall be required for the review
of plans for concession facilities and storage facilities.
ll, Four (4) copies of the site plan or survey (11" x 17"format) showing the
proposed dimensional locations of the facilities on the beach.
F:\DDHP\$ALL\ASSET\DESIGN.R&R
September 28, 1999
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GOLDMAN PROPERTIES
. 3056733106
01/18/01 10:44 t5l :01/01 NO:477
OCEAN DR IMPROVEMEN A SOCIA TION
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Miami Beac ,Fl. 33138
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JOIIe,
11m in receipt at
tocoOOlSllOn
n I or hMting
. memot8nd&.m 8-01, which
on our be8ches. Our auod8tion
, II1d the prohltIition cI "b1iIerS and
C>>ftaIn rwcommendIIIion reIIINe
with the prohibition cf -cooIdng
- our beacheS.
RegerdIng the .. of opendIons, the
IkI openIIIons be from the bHc;h south of 1 s'II
our hotelS on 0cNn . enjoy the -one" jet-ski
BetIct'l and we are not this time In fa\tOr t:A lis ternO'III.
8CheduIId betore the . Th8nk you.
MIftO CouItney
. thIS tme ,~rl8f1d ... jIl-
touI1ItB IIld vtsIcn who .. In
at ". StnteI) on Lummus PMt
me di'ec*y when this topic ia
Attachment I
JAN-19-2001 09:50
3056733106
94%
P.01