Resolution 2018-30457 RESOLUTION NO. 2018-30457
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE RULES
AND REGULATIONS FOR BEACHFRONT CONCESSION OPERATIONS
(RULES AND REGULATIONS), TO PERMIT THE UTILIZATION OF MOBILE
COOKING/HEATING CONCESSION FACILITIES, FOR A FEE OF $10,000 PER
MONTH, AS PART OF THE BEACHFRONT CONCESSION AGREEMENTS
ISSUED ANNUALLY TO THE UPLAND PROPERTY OWNERS; FURTHER
APPROVING THE FOURTH AMENDED AND RESTATED RULES AND
REGULATIONS FOR BEACHFRONT CONCESSION OPERATIONS, THAT WILL
INCORPORATE THIS AMENDMENT; AND FURTHER AUTHORIZING THE
ADMINISTRATION TO SUBMIT THE PROPOSED RULES AND REGULATIONS
TO THE STATE OF FLORIDA FOR APPROVAL PRIOR TO IMPLEMENTATION
OF THE AMENDMENT; PROVIDED, HOWEVER, THAT SHOULD THE STATE
MAKE MATERIAL CHANGES TO THE PROPOSED FORM OF THE RULES
AND REGULATIONS, THE ADMINISTRATION WILL RESUBMIT THE RULES
AND REGULATIONS TO THE CITY COMMISSION FOR APPROVAL.
WHEREAS, On January 31, 2001, the City Commission adopted Resolution 2001-
24251, approving a First Amendment to the Rules and Regulations for Beachfront Concession
operations (Rules and Regulations), thereby prohibiting the cooking or heating of food on the
beachfront; and
WHEREAS, on September 5, 2001, the City Commission adopted Resolution No. 2001-
24571, approving the Second Amended and Restated Rules and Regulations for Beachfront
Concession Operations; and
WHEREAS, on January 30, 2002, the City Commission adopted Resolution No. 2002-
24736, amending the Second Amended and Restated Rules and Regulations for Beachfront
Concession Operations to include rules for beach chair deployment, design guidelines for
concession facilities, and rules for watersport operations, in accordance with the
Administration's recommendations; and
WHEREAS, on March 17, 2003, the Second Amended and Restated Rules and
Regulations for Beachfront Concession Operations were further amended to include the
Administration's policy for vehicle operation on the beach; and
WHEREAS, on May 11, 2016, the City Commission adopted Resolution No. 2016-
29403, adopting the Third Amended and Restated Rules and Regulations for Beachfront
Concession Operations; and
WHEREAS, on June 27, 2018, the City Commission adopted Resolution No. 2018-
30369, approving a pilot program for the location of mobile cooking/heating Concession
Facilities (a/k/a food trailers) behind private upland properties, and should the Administration
determine that the pilot program was successful, authorizing the Administration to submit
proposed modifications to the Rules and Regulations governing the utilization of mobile
cooking/heating Concession Facilities as part of the beachfront concession agreements issued
annually to upland property owners; and
WHEREAS, at its July 27, 2018 meeting, because of the reluctance of private property
owners to invest in food trailers for a short term pilot program, the Finance and Citywide
Projects Committee recommended that the temporary nature of the pilot program be
discontinued such that the City Manager may execute annual letter agreements with private
upland property owners located immediately westward of the beachfront; and
WHEREAS, in order to include the use of mobile cooking/heating Concession Facilities
as part of the beachfront concession agreements, the Rules and Regulations would need to be
amended; and
WHEREAS, the Administration recommends the approval of the Fourth Amended and
Restated Rules and Regulations for Beachfront Concession Operations, which is incorporated
herein by reference and attached to the City Commission Memorandum accompanying this
Resolution, permitting the use of mobile cooking/heating Concession Facilities for a fee of
$10,000 per month, as part of the annual beachfront concession agreements; and
WHEREAS, upon approval, by the City Commission, the Administration will submit the
Fourth Amended and Restated Rules and Regulations for Beachfront Concession Operations to
the State of Florida for approval; provided, however, that should the State make any material
changes to the proposed Rules and Regulations, the Administration will submit the material
modifications to the City Commission for consideration and approval.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA hereby approve an amendment to
the Rules and Regulations for Beachfront Concession Operations (Rules and Regulations), to
permit the utilization of mobile cooking/heating Concession Facilities, for a fee of $10,000 per
month, as part of the beachfront concession agreements issued annually to the upland property
owners; further approve the Fourth Amended and Restated Rules and Regulations for
Beachfront Concession operations, that will incorporate this amendment; and further authorize
the Administration to submit the proposed Rules and Regulations to the State of Florida for
approval prior to implementation of the amendment; provided, however, that should the State
make material changes to the proposed form of the Rules and Regulations, the Administration
will resubmit the Rules and Regulations to the City Commission for approval.
PASSED and ADOPTED this 41 day of 477441.(2018.
ATTEST: n rN
I.R Gelber, Mayor
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Rafael E. Granado, City C eflj :INO�RT ORATED: ' APPROVED AS TO
FORM & LANGUAGE
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City Attorney kr Dote