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Resolution 2019-30889 RESOLUTION NO. 2019-30889 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE MAYOR'S PANEL ON OCEAN DRIVE (SAFETY, SECURITY, AND INFRASTRUCTURE SUBCOMMITTEE), AT ITS JUNE 6, 2019 MEETING, URGING THE CITY TO ADOPT A "ZERO- TOLERANCE" POLICY FOR ANY DECEPTIVE BUSINESS PRACTICES EMPLOYED BY BUSINESS OPERATORS IN THE CITY OF MIAMI BEACH. WHEREAS, Miami Beach is a global destination, hosting approximately 13.3 million visitors each year, and is considered one of the world's most popular tourist destinations because of its beaches, crystal-clear blue water, and amazing tropical environment; and WHEREAS, some restaurant operators in the City, particularly on Ocean Drive, have received staggering amounts of complaints by patrons, including online reviews on web-based platforms such as Yelp and TripAdvisor; and WHEREAS, the complaints reference deceptive business practices, including bait and switch tactics, price gouging, and lack of clear pricing on food and drink specials, resulting in surprise bills,of hundreds of dollars; and WHEREAS, deceptive business practices that take place throughout the City and exploit the patrons, most of whom are tourists, are damaging to the City's reputation and brand as an international, world renowned tourist destination; and WHEREAS, at its June 6, 2019 meeting, the Mayor's Panel on Ocean Drive Safety, Security, and Infrastructure Subcommittee (the "Subcommittee") unanimously passed a motion, encouraging the City of Miami Beach to adopt a "zero- tolerance policy" for any deceptive business practices taking place in the City; and WHEREAS, the Subcommittee expressed support for strict enforcement measures and penalties in instances where the City concludes, after a thorough and fair investigation, that a business engaged in deceptive business practices; and WHEREAS, the Mayor and City Commission recognize and concur that there must be a zero-tolerance policy on deceptive business practices employed by business operators in the City of Miami Beach; and WHEREAS, should the City find that a business operator engaged in deceptive business practices, the business operator will be subjected to strict enforcement measures and penalties including, but not limited to, suspension or revocation of the business's Business Tax Receipt (or of sidewalk café permit, if applicable). NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Mayor's Panel on Ocean Drive (Safety, Security, and Infrastructure Subcommittee), at its June 6, 2019 meeting, urging the City to adopt a "zero-tolerance" policy for any deceptive business practices employed by business operators in the City of Miami Beach. PASSED AND ADOPTED this /7 day of LIy , 2019. ATTEST: Dan Gelber, Mayor 4 v Rafael E. Granado, ity Clerk (Sponsored by Commissioner Mark Samuelian) %%' R. 1 -' * INCORPIORATED '4+9� H '�� o APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 0(6‘.( - ig City Attorney ate c Resolutions -C7 S MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, City Attorney DATE: July 17, 2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE MAYOR'S PANEL ON OCEAN DRIVE (SAFETY, SECURITY, AND INFRASTRUCTURE SUBCOMMITTEE), AT ITS JUNE 6, 2019 MEETING, URGING THE CITY TO ADOPT A "ZERO-TOLERANCE" POLICY FOR ANY DECEPTIVE BUSINESS PRACTICES EMPLOYED BY BUSINESS OPERATORS IN THE CITY OF MIAMI BEACH. RECOMMENDATION Pursuant to the request of Commissioner Mark Samuelian, the above-referenced Resolution is submitted for consideration by the Mayor and City Commission at the July 17, 2019 Commission meeting. Legislative Tracking Office of the City Attorney Sponsor Commissioner Mark Samuelian ATTACHMENTS: Description ❑ Deceptive Business Practices Reso Page 404 of 1502