Resolution 2019-31017 RESOLUTION NO. 2019-31017
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
SUSTAINABILITY AND RESILIENCY COMMITTEE, AND AMENDING THE
RULES AND REGULATIONS FOR BEACHFRONT CONCESSION
OPERATIONS, BY REQUIRING ALL BEACHFRONT CONCESSIONAIRES
AND THEIR THIRD PARTY CONCESSION OPERATORS TO UTILIZE 100%
REUSABLE WARES IN CONNECTION WITH THEIR BEACHFRONT
CONCESSION OPERATIONS; AND APPROVING THE FIFTH AMENDED AND
RESTATED RULES AND REGULATIONS FOR BEACHFRONT CONCESSION
OPERATIONS, INCORPORATING THIS AMENDMENT, WITH AN EFFECTIVE
DATE OF OCTOBER 16, 2020; AND FURTHER AUTHORIZING THE
ADMINISTRATION TO SUBMIT THE PROPOSED RULES AND REGULATIONS
TO THE STATE OF FLORIDA FOR APPROVAL PRIOR TO IMPLEMENTATION;
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 Mayor and City Commission adopted Resolution
2001-24251, approving a First Amendment to the Rules and Regulations for Beachfront
Concession operations (Rules and Regulations), which Rules and Regulations prohibited the
cooking or heating of food on the beachfront; and
WHEREAS, on September 5, 2001, the Mayor and 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 Mayor and 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 Mayor and City Commission adopted Resolution No.
2016-29403, adopting the Third Amended and Restated Rules and Regulations for Beachfront
Concession Operations; and
WHEREAS, on September 12 , 2018, the Mayor and City Commission adopted Resolution
No. 2018-30456, approving an amendment to the Rules and Regulations, to require all Upland
Owner Concessionaires and their Third Party Concession Operators to utilize 100% reusable
wares in connection with their Beachfront Concession operations, including the delivery, service,
and consumption of food and beverages (F&B); provided that said amendment be referred to the
Sustainability and Resiliency Committee, for discussion and comment, prior to final approval by
the City Commission; and
WHEREAS, on September 12, 2018, the Mayor and City Commission adopted Resolution
No. 2018-30457, approving the Fourth Amended and Restated 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;
and
WHEREAS, on April 23, 2019, the Sustainability and Resiliency Committee passed a
motion to amend the terms of the Rules and Regulations for Beachfront Concession operations
to require Concessionaires and their operators to utilize 100% reusable products, after the
expiration of a one-year educational period, commencing in October, 2019, with full
implementation in October, 2020; and
WHEREAS, the City, a world-renowned tourist destination, declares that it is in the interest
of the public health, safety, and welfare of its residents and visitors to reduce litter and pollutants
on the lands and in the waters of the City, and along its shores and famous beaches; and
WHEREAS, single-use plastic is neither readily recyclable nor biodegradable, and takes
hundreds to thousands of years to degrade in the environment; and
WHEREAS, the discarded single-use plastic containers and wares contribute to
overburdened landfills, threaten wildlife and marine life, and degrade and litter our beaches; and
WHEREAS, the distribution of single-use plastic wares by businesses to consumers and
patrons has a detrimental effect on the environment of the City, County, and State; and
WHEREAS, as an environmental leader among local governments in the State of Florida,
the goal of the City is to replace single-use plastics with reusable, recyclable, or compostable
alternatives whenever possible; and
WHEREAS, in connection with the beachfront concession operations, the City could
execute (1) letter agreements with an Upland Owner Concessionaire for: (i) a Commercial
Beachfront Concession operation, permitting an Upland Owner Concessionaire to operate a
Beachfront Concession for sales, services and rentals to the general public, in addition to its
guests and residents, or (ii) a Non-Commercial Beachfront Concession operation, which permits
an Upland Owner Concessionaire to operate a Beachfront Concession for sales, services and
rentals solely to its guests and residents; or(2)a Beachfront Concession Agreement with a Direct
City Concessionaire who operates a Beachfront Concession adjacent to public property for the
general public, all collectively referred to as "Concessionaires" in the Fourth Amended and
Restated Rules and Regulations; and
WHEREAS, the Administration recommends that after a one-year educational period, all
Concessionaires and their Third Party Concession Operators be required to use wares which are
100% reusable in connection with their Beachfront Concession operations, and that they be
required to collect and remove the wares, after their use, from the public beach; and
WHEREAS, in the formulation of this revision, the Administration has solicited input from
upland owners; Upland Owner Concessionaires, who are parties to a Commercial Beachfront
Concession Agreement with the City, which include F&B services; Direct City Concessionaires,
and representatives from Miami-Dade County beach operations, and
WHEREAS, the Administration secured feedback from various hotels which operate
Commercial Beachfront Concessions, which include F&B services, located within the jurisdiction
of Miami Beach, as well as the surrounding jurisdictions of Sunny Isles Beach and Surfside, and
the general consensus was that it is less expensive to offer F&B services with reusable wares
than with disposable wares; and
WHEREAS, the Administration recommends the approval of the Fifth Amended and
Restated Rules and Regulations for Beachfront Concession Operations, incorporated herein by
reference and attached to this Resolution as Exhibit "1", which amended Rules and Regulations
will be not become effective until October 16, 2020.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Sustainability and Resiliency Committee,
to amend the Rules and Regulations for Beachfront Concession Operations, by requiring all
Concessionaires and their Third Party Concession Operators to utilize 100% reusable wares in
connection with their Beachfront Concession operations; and approve the Fifth Amended and
Restated Rules and Regulations for Beachfront Concession Operations, incorporating this
amendment, with an effective date of October 16, 2020; and further authorize the Administration
to submit the proposed Rules and Regulations to the State of Florida for approval prior to
implementation; 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 day of , 6,4br , 2019.
ATTEST:
lv rte Dan Gelber, Mayor
Ra ael E. Granado,City Clerk '''���"���� 144,
APPROVED AS TO
* FORM FORM & LANGUAGE
INICORP ORA TED: - & FOR EX CLITION
(qi 0,
. fet,
` City Attorney i Date
;1 f26 '
Resolutions -C7 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 16, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE SUSTAINABILITY AND RESILIENCY COMMITTEE, AND AMENDING
THE RULES AND REGULATIONS FOR BEACHFRONT CONCESSION
OPERATIONS, BY REQUIRING ALL BEACHFRONT CONCESSIONAIRES
AND THEIR THIRD PARTY CONCESSION OPERATORS TO UTILIZE 100%
REUSABLE WARES IN CONNECTION WITH THEIR BEACHFRONT
CONCESSION OPERATIONS; AND APPROVING THE FIFTH AMENDED
AND RESTATED RULES AND REGULATIONS FOR BEACHFRONT
CONCESSION OPERATIONS, INCORPORATING THIS AMENDMENT,
WITH AN EFFECTIVE DATE OF OCTOBER 16, 2020; AND FURTHER
AUTHORIZING THE ADMINISTRATION TO SUBMIT THE PROPOSED
RULES AND REGULATIONS TO THE STATE OF FLORIDA FOR
APPROVAL PRIOR TO IMPLEMENTATION; 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.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission accept the attached
resolution and fifth amendment to the Rules and Regulations for Beachfront Concession
Operations.
BACKGROUND/HISTORY
On September 12, 2018, the Mayor and City Commission adopted Resolution No. 2018-
30457, approving the fourth amended and Restated 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.
Furthermore, on the same date, the Mayor and City Commission adopted Resolution No. 2018-
30456, approving an amendment to the Rules and Regulations, to require all upland owner
concessionaires and their third party concession operators to utilize 100% reusable wares in
connection with their beachfront concession operations, including the delivery, service, and
consumption of food and beverages (F&B); provided that said amendment be referred to the
Page 279 of 2557
Sustainability and Resiliency Committee, for discussion and comment, prior to final approval by
the City Commission.
On April 23, 2019, the Sustainability and Resiliency Committee passed a motion to amend the
terms of the Rules and Regulations for beachfront concession operations to require
concessionaires and their operators to utilize 100% reusable products, after the expiration of a
one-year educational period, commencing in October 2019, with full implementation in October
2020.
ANALYSIS
In the formulation of this amendment, the Administration has solicited input from upland owners,
beachfront concessionaires, and representatives from Miami-Dade County beach operations.
As an environmental leader among local governments in the State of Florida, the goal of the city
is to replace single-use plastics with reusable, recyclable, or compostable alternatives whenever
possible. Single-use plastic is neither readily recyclable nor biodegradable and takes hundreds
to thousands of years to degrade in the environment. This amendment will support the city's
efforts to reduce litter, by reducing discarded single-use plastic containers and wares that
contribute to overburdened landfills, threaten wildlife and marine life, and degrade and litter our
beaches.
CONCLUSION
The Administration recommends that the Mayor and City Commission accept the attached
resolution and fifth amendment to the Rules and Regulations for Beachfront Concession
Operations.
Applicable Area
Citywide
is this a Resident Right to Does this item utilize G.Q.
Know item? Bond Funds?
Yes No
Legislative Tracking
Environment and Sustainability
ATTACHMENTS:
Description
❑ Resolution
❑ Amendment
Page 280 of 2557
MIAMi B
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
TOURISM,CULTURE AND ECONOMIC DEVELOPMENT DEPARTMENT
Office of Real Estate
Tel: 305-673-7193!Fax 786-394-4539
Fifth 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 Concessionaire,
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 Agreements-
(1) Direct City Beachfront Concession Agreement - a concession
agreement between the City and a Direct City Concessionaire that
authorizes the operation of a Beachfront Concession, adjacent to
public property for the general public.
(2) Commercial Beachfront Concession Agreement — a letter
agreement between the City and the Upland Owner Concessionaire
that authorizes the operation of a Beachfront Concession adjacent to
the Upland Property for the general public, in addition to the guests
and/or residents of the Upland Owner Concessionaire.
(3) Non-Commercial Beachfront Concession Agreement - a letter
agreement between the City and the Upland Owner Concessionaire
that authorizes the operation of a Beachfront Concession solely for the
guests and/or residents of the Upland Owner Concessionaire.
(c) 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 Concessionaire, Upland Owner Concessionaire or
Third-Party Concession Operator.
Exhibit "1"
Page 284 of 2557
(e) 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 Concessionaire, all as determined by the
City of Miami Beach.
(f) 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.
(g) Direct City Concessionaire—a provider of beach concession management and
operation services who has been contracted directly by the City of Miami Beach.
(h) Motor Vehicle — any City-approved automobile, truck, sport utility vehicle, golf
cart, all-terrain vehicle (AN), 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.
(i) 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 Concessionaires.
(j) 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 watersporis equipment;
(2) the sale of food and/or beverages;
(3) the distribution, delivery, towing and return of anything, including,
without limitation, jet skis, towels, chaises, cabanas,
umbrellas, and personal property; or
(4) mobile cooking and/or heating Concession Facilities.
(k) Upland Owner Concessionaire (Commercial or Non-Commercial)— the legal
owner of the Upland Property and operator of a Beachfront Concession who is authorized,
pursuant to a Commercial Beachfront Concession Agreement (Commercial Upland Owner
Concessionaire) or a Non-Commercial Beachfront Concession Agreement (Non-Commercial
Upland Owner Concessionaire):
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(1) to conduct its own beachfrcrt operations; and/or
(2) to subcontract its beachfront operations to a Third-Party
Concession Operator.
(I) Upland Property—the folio of land adjacent to, and immediately westward of, the
public beach utilized by an authorized Beachfront Concession.
(m) 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 Concessionaire 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 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 is 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
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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
Concessionaire, 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 Concessionaire;
(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 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 nn 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.
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(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.
(a) Business Tax Receipts(for all Concessionaires)-A City Business Tax Receipt
(valid from October 1 through September 30 of the following year) is required for each activity
which a Concessionaire operates on the beachfront (Example: a Concessionaire providing food
and beverage (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) Upland Fee and Mobile Cooking/Heating Fee (for Upland Owner
Concessionaires) - In addition to the Business Tax Receipts required in Paragraph 3(a) above,
an Upland Owner Concessionaire shall pay an Upland Fee, currently in the amount of$23.00 per
Upland Unit for Fiscal Year 2019/20 (increased annually in accordance with the Consumer Price
Index), up to a maximum of$16,538 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. If the Upland Owner Concessionaire
is authorized to use a mobile cooking and/or heating Concession Facility, the Upland Owner
Concessionaire shall also pay a Mobile Cooking/Heating Fee, in the fixed annual amount of
$120,000.00, payable on a monthly basis, in the amount of $10,000.00. The monthly Mobile
Cooking/Heating Fee shall be paid, in advance, on the first day of each month.
c) In the event that the Concessionaire is an Upland Owner Concessionaire, and 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.
d) Direct City Concessionaire Concession Fees— In addition to the Business Tax
Receipts required in Paragraph 3(a) above, a Direct City Concessionaire will pay the City a
concession fee, to be negotiated between the Direct City Concessionaire and the City, in
connection with the operation of a Beachfront Concession, to be delineated in the Direct City
Beachfront Concession Agreement.
Page 5 of 17
Page 288 of 2557
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
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 20u'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
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31 (including Holidays as defined i.i Rule 8(b) (2) and Weekends), Concessiona ;`s 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
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 52nd Terrace, Suite 101, Doral, Florida, 33166; telephone: 850-487-
1395).
(c) Concessionaires shall not vend or offer glass containers, metal containers, plastic
lids, single use plastic beverage straws, single use plastic stirrers, except that plastic beverage
straws or plastic stirrers may be provided to an individual with a disability or medical condition, as
described in Section 11. Notwithstanding the foregoing, recyclable plastic bottles will be permitted.
The use of plastic bags (except for large plastic bags used for trash collection) shall not be
permitted.
(d) 100% Reusable Ware Requirement for Concessionaires (Excluding take-out
Food and Beverage Service provided by Mobile Cooking and Heating Concession Facility).
The requirements of this subsection 6(d)shall become effective on October 16, 2020.
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(1,` All Concessionaires are required to utilize 100% reusable wares, in
connection with the containment, delivery, display, consumption and
retrieval of all items used for the purpose of providing Food and Beverage
services in the Concession Area or the beach. Reusable wares shall
include, but are not limited to, tableware, serving dishes/containers,
condiments, plates, bowls, hot and cold cups, and flatware.
Notwithstanding the foregoing, Concessionaires will be permitted to use
napkins made from recycled materials and wooden coffee stirrers. All
reusable wares are required to be collected and removed from the beach
by the Concessionaire upon conclusion of their use. This reusable ware
requirement shall not apply to take-out Food and Beverage services
provided by mobile cooking and heating Concession Facilities, as more
particularly described in Subsection (e).
(e) Take-Out Food and Beverage Services provided by Mobile Cooking and
Heating Concession Facility. In connection with providing take-out Food and Beverage
services, Upland Owner Concessionaires shall pursue the use of service articles made of
biodegradable or recycled materials, including, but not limited to, tableware, serving
dishes/containers, condiments, plates, bowls, hot and cold cups, napkins, wooden coffee stirrers
and flatware. The City encourages the use of unbleached, non-coated, recycled content, paper
food service articles and other fiber-based food service articles as the most environmentally
preferred alternatives. No plastic bags should be distributed; instead the applicant should use
paper or reusable bags(materials can vary, such as calico, cotton, hemp,jute and others);
(f) Upland Owner Concessionaires are encouraged to reduce the amount of
packaging and use packaging that does not contain packaging inks, dyes, pigments, adhesives,
stabilizers, and additives with levels of lead, cadmium, mercury or hexavalent chromium in
packaging inks, dyes, pigments, adhesives, stabilizers, and additives equal to or greater than 100
parts per million, which is consistent with packaging statutes adopted by 19 U.S. states. The
following exceptions apply to this heavy metal threshold recommendation for packaging:
(1) Packaging made from recycled materials;
(2) Packaging that is essential to the protection, safe handling, or
function of the package's content;
(3) Packaging having a controlled distribution and reuse(i.e., beverage
containers subject to mandatory deposit requirements); and
(4) Packaging or packaging component that is glass or ceramic where
the decoration has been vitrified and when tested, and meets
specific requirements.
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.
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(b) Each Concessionaire shall be responsible, at all times throughout the day, for the
collection of all trash, litter, disposable ashtrays, and cigarette and cigar butts within the entire
Concession Area, 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.All such materials shall be identified as either trash or recyclable
and placed in the appropriate cans for trash or recyclable items. 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.
(c) Food and Beverage Waste (including Mobile Cooking and/or Heating
Cooking Facilities). Any waste items, unconsumed food or beverage, food remains such as
bones, fruit skins, or other remaining food matter will be placed in a clear plastic bag which will
prevent leakage by the Concessionaire and placed in the appropriate trash can for collection and
disposal. Upland Owner Concessionaires are responsible for all trash and debris generated by
the utilization of any approved mobile cooking and/or heating Concession Facility on the beach.
(d) The City shall charge Concessionaires for the costs of special clean up necessary
should Concessionaires fail to reasonably perform.
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, and used in
connertinn 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,
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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 property 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.
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.
(d) 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 Cede and any other applicable City, County, State. and Federal requirements.
11. ENVIRONMENTAL.
Pursuant to Section 46-92 (c)of the Code of the City of Miami Beach, as may be amended
from time to time, it is unlawful to carry onto the beach any expanded polystyrene product, single
use plastic beverage straws or single use plastic stirrers, except that the prohibition relating to
single use plastic beverage straws or plastic stirrers shall not apply to a person or patron with a
disability or medical condition that impairs the consumption of beverages without a single-use
plastic beverage straw or plastic stirrer. Concessionaire is prohibited from selling, using
(excluding expanded polystyrene food service articles used for packaged food that have been
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filled and seE,iFd prior to receipt by Concessionaire), providing food in, or offering the use of
expanded polystyrene food service articles. Except as permitted, Concessionaire is prohibited
from selling, using, providing food in, or offering the use of plastic beverage straws or plastic
stirrers on the beach. Additionally, pursuant to Section 46-92(c)of the Code of the City of Miami
Beach it is unlawful for any person to carry onto any beach in the City a glass or metal bottle or
glass or metal containers. Concessionaire is prohibited from selling, using, providing food in, or
offering the use of glass or metal bottles or glass or metal containers.
Furthermore, Section 46-92(c)of the Code, of the City of Miami Beach, as may be amended from
time to time, 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.
(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.
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(h) Each Concessionaire must.:amply 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) Ali 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.
(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, TRAILERS AND CONCESSION FACILITIES.
(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
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must leave the bead, 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
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.
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(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 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.
(i) 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.
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(n) Each driver shall be required by the Concessionaire to drive wit'i 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.
(r) Mobile Cooking and/or Heating Concession Facilities. The following
requirements shall apply to mobile cooking and/or heating Concession Facilities:
(i) Mobile cooking and/or heating Concession Facilities will only be permitted at those
locations operating pursuant to a valid, City-issued (1) Business Tax Receipt and
(2) Beachfront Concession Agreement which specifically authorizes a mobile
cooking and/or heating Concession Facility.
(ii) Only City-approved Concession Facilities will be permitted. All mobile
cooking and/or heating Concession Facilities must be uniform in color, size, and
style, for any given location. Any and all mobile cooking and/or heating
Concession Facilities must receive prior approval by the City Manager, in
accordance with the City Planning Department's current Beach Concession
Design Guidelines (attached hereto as Exhibit "2"), or any other such design as
may be approved by the City Manager and the City's Planning Department. No
Trailer manufactured before 2016 is permitted on the beachfront.
(iii) Mobile 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.
(iv)Mobile cooking and/or heating Concession Facilities shall only be permitted by
means 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.
(v) Upland Owner Concessionaires who are authorized to provide mobile cooking and/or
heating Concession Facilities may provide patrons table seating immediately adjacent to
the cooking and/or heating Concession Facility. Each mobile cooking and/or heating
Concession Facility may provide a maximum of ten (10) tables, with no more than one
(1) umbrella and four (4) chairs per table. All facilities are subject to approval by the
Planning Department.
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(vi)Notwithstanding any other provisions contained herei,i, all mobile 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.
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;
(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 Violation
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 Concess'nn 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
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(2) the Concessionaire, within ten (10) days after issuance of the Nctice 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 determination
that the continued operation of the Beachfront Concession is a danger to public 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.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 17 of 17
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Exhibit 1
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Page 301 of 2557
Exhibit 2
BEACH CONCESSION DESIGN GUIDELINES
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Page 303 of 2557
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Page 3 of 8
Page 304 of 2557
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Page 4 of g
Page 305 of 2557
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
i. 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 evocative of the
upland architecture, and shall be subject to the review and approval of
Design Review staff.
Page 5 of 8
Page 306 of 2557
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 Work:.ble 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 6 of 8
Page 307 of 2557
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. Mobile Cooking and/or Heating Concession Trailers
(1) GENERAL RESTRICTIONS
i. Food and Beverage Concession Trailers size shall be restricted to a minimum
size of 8.5' x 10' to a maximum size of 8.5' x 20'. The maximum height of the
Food and Beverage Concession Trailer shall be no greater than 8' in height
(container height).
ii. All Food and Beverage Concession Trailers must be hitched and driven onto
the sand each day (and removed each evening). The towing vehicle may not
remain on the sand.
iii. All battery power, solar panel, and other mechanical equipment shall be
concealed to the greatest extent possible and not exposed or adjacent to a Food
and Beverage Concession Trailers.
iv. Any security side panels or sun awnings, attached to or independent from the
vehicular Food and Beverage Concession Trailers that may be used as shading
devices shall be fully supported from the structure itself and shall not contain
independent vertical support columns that extend directly to the sand.
v. In no instance shall serving trays, coolers, boxes, or other devices or objects
remain stacked or stored outside of a Beach Food and Beverage Concession
Trailers and visible from any vantage point on the beach.
vi. In no instance shall menus, handbills,adverts,flyers, promotions,or other paper
or other disposable objects be distributed, remain stacked on/or stored outside
of a Beach Food and Beverage Concession Trailer.
Page 7 of 8
Page 308 of 2557
vii. All ancillary furniture, equipment, and embellishments, independent from the
Food and Beverage Concession Trailers shall be subject to Design Review staff
including tables, chairs, and umbrellas.
(2) EXTERIOR STANDARDS
i. Plans and elevations for Food and Beverage Concession Trailers facilities
should include accurate dimensions and scale.
ii. In general, all Food and Beverage Concession Trailers signage, exterior copy
and graphic imagery shall be encouraged to be creative and artistic.
iii. Exterior surface colors and finishes shall be appropriate to the design of the
Food and Beverage Concession Trailers and compatible with the unique beach
environment and/or evocative of the upland architecture, subject to the review
and approval of Design Review staff,
iv. Color samples of every color to be used (except white), keyed to the four (4)
Food and Beverage Concession Trailers elevations. No primary or vibrant
color(s) shall be permitted; a muted, light, pale, or pastel color palette is highly
encouraged with white as a contrasting color.
v. Highly reflective finish and material, or chrome-like veneer, shall be prohibited
on any Food and Beverage Concession Trailers.
vi. Photographic or hyper realistic imagery shall be permitted along the exterior of
the Food and Beverage Concession Trailers.
vii. Line art and graphic imagery may occupy 100% of the Food and Beverage
Concession Trailers.
viii. Food and Beverage Concession Trailers signage shall be limited to one sign
per long side of the trailer. The signage shall be limited to identifying the
Concessionaire's upland kitchen/hotel, the name of the Food and Beverage
Concession Trailer, and any product names. The total square footage per side
shall not exceed 20 square feet. Signage lettering shall not exceed 12"in height.
ix. No portion of a sign shall extend above the trailer roofline. Any architectural
projections or trailer"toppers"above the trailer roofline may not exceed two feet
(2'-0")in height from the trailer roof. All roofing elements shall be appropriate to
and consistent with the unique beach environment and/or evocative of the
upland architecture, and shall be subject to the review and approval of Design
Review staff.
i. No paper signs, streamers, or flags, may Ix: attached to the exterior of the
Food and Beverage Concession Trailers. One menu, limited to an area of
three square feet, may be affixed to the exterior of the trailer.
x. General advertising of any format, including displayed commercial products, is
prohibited along the exterior of the Food and Beverage Concession Trailers.
e. The State of Florida Department of Environmental Protection reserves the
right to review and permit all structures, including Concession Huts,Storage
Boxes, and Cooking/Heating Facilities, pursuant to Section 161.56 of the
Florida Statutes.
Page 8 of 8
Page 309 of 2557
Exhibit 3
BEACHFRONT CONCESSION APPLICATION
APPLICATION INFORMATION FOR
BEACHFRONT CONCESSION OPERATIONS
All Upland Owner Concessionaire applicants are required to:(1)obtain a written City authorization
in the form of a Beachfront Concession Agreement; (2)obtain a City Business Tax Receipt(s); (3)
obtain Planning Department design approval; (4) obtain any other authorization and/or permit
required from the City; and to meet any other County, State, or Federal requirements.
All Beachfront Concession Agreements 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 pen-nit and/or contract at any time by giving thirty (30) days
written notice of such termination.
All Upland Owner Concessionaires are subject to an annual upland fee. The annual upland fee
for fiscal year 2019/20 consists of twenty-three dollars ($23.00) per upland unit, plus annual
increases based on the Consumer Price Index (CPI), with a maximum of sixteen thousand five
hundred thirty-eight dollars ($16,538) per Upland Property, plus annual increases based on
the Consumer Price Index (CPI), and will be required for each Beachfront Concession location,
plus any applicable taxes. Additionally, all Upland Owner Concessionaires who are granted
authorization for mobile cooking and/or heating Concession Facilities, shall pay an additional fixed
annual upland fee of $120,000, payable monthly, in advance, in the amount of ten thousand
dollars ($10,000) per month.
City Business Tax Receipts for each type of activity requested and approved must be obtained
prior to beginning any Beachfront Concession operations. The available categories and fiscal year
2019/20 fees are listed below.The fees shall be increased annually based on the Consumer Price
Index (CPI).
All taxes, City Business Tax Receipts and upland fees shall be due and payable prior to October
1't of each year thereafter.
Beach Equipment $851.00 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. beavh ball,
bucket/shovel/rake, kadima paddles)
Food and Beverage(without mobile cooking/heating Concession Facilities) .$851.00 per year
Food and Beverage with mobile cooking/heating Concession Facilities $851.00 per year
Watersport(only for those with existing City channels) $851.00 per year
Page 1 of 10
Page 310 of 2557
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 entering into a new contract with the
Concessionaire and the issuance of all Business 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 contract will be forwarded to you for execution.
Once said contract is executed and returned to the City, final authorization will be granted, and
you may apply for your Business Tax Receipt(s).
Operation of any beachfront business without proper authorization and/or permit, including but
not limited to: contracts, 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.
ANY BEACHFRONT BUSINESSTO 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.
Page 2 of 10
Page 311 of 2557
APPLICATION FOR
BEACHFRONT CONCESSION OPERATIONS
(as amended through May 11, 2016)
SECTION 1 LOCATION OF CONCESSION REQUESTED
Address:
Name of Upland Owner(If any upland owner concessionaire applicant):
(Name of Hotel,Condominium,Apartment Building,etc.)
SECTION 2 TYPE OF CONCESSION(S) REQUESTED
O Food and non-alcoholic beverages
Cooking and heating will only be permitted at those facilities/locations where
cooking and heating activities have been authorized pursuant to a
Beachfront Concession Agreement.
O 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 Concessionaire:
(ie.:Corporation,Partnership,LLC,other)
Name of Authorized Representative:
Title of Authorized Representative:
Principal Business Address:
Office Telephone No.: Facsimile No.:
Email:
Authorized Representative Cell Phone Number:
CHECK ONE: 0 Corporation 0 Partnership 0 LLC 0 Other
Page 3 of 10
Page 312 of 2557
SEI;PION 4 CORPORATE, PARTNERSHIP, LLC OR OTHER ENTITY INFORMATION-
CONCESSIONAIRE
Entity Name:
Date of Organization:
State of Organization:
If Foreign, Date of Registration
with Florida Secretary of State:
Name of Registered Agent:
Address of Registered Agent:
Name of President or Equivalent:
Name of Vice President or Equivalent:
Treasurer's Name:
Board of Directors:
Each document required by Rule 2(a) must be attached.
SECTION 5 OPERATOR INFORMATION
To be completed only if (1) the applicant seeks approval as an Upland Owner
Concessionaire, and (2) the Upland Owner Concessionaire applicant intends to
subcontract the Beachfront Concession to a Third-Party Concession Operator.
Name of Third Party Concession Operator.
Name of Authorized Representative:
Title of Authorized Representative:
Principal Business Address:
Page 4 of 10
Page 313 of 2557
Office Telephone No.: _ Facsimile No.:
Email:
Authorized Representative Cell Phone Number:
CHECK ONE:0 Corporation 0 Partnership ❑ LLC 0 Other
SECTION 6 RATE AND FEE SCHEDULES FOR UPLAND OWNER CONCESSIONAIRES
All upland owner concessionaires are subject to an annual upland fee. The annual upland fee for
fiscal year 2019/20 consist of twenty-three dollars ($23.00) per upland unit, plus annual increases
based on the Consumer Price index(CPI),with a maximum of sixteen thousand five hundred thirty-
eight dollars ($16,538) per upland property, plus annual increases based on the Consumer Price
index (CPI), and will be required for each Beachfront Concession location, plus any applicable
taxes. Ail taxes receipts and upland fees shall be due and payable prior to October l't of each year
thereafter.
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 any Upland Fee, per
property,based on the number of units($23.00 per unit),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.
City Business 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 2018/19
fees are listed below. The fees shall be Increased annually based on the Consumer Price Index
(CPI). Authorization for mobile cooking and/or heating Concession Facilities requires specific
authorization pursuant to Beachfront Concession Agreement at a fee, payable in advance, of ten
thousand dollars ($10,000) per month (in addition to fees associated with a City Business Tax
Receipt for Food and Beverage,as detailed below).
Beach Equipment $851.00 per year
Beach Equipment: beach chairs,chair pads,umbrellas,sun canopies
Water side 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 $851.00 per year
Food and Beverage with mobile cooking/heating Concession Facilities $881.00 per year
Watersports(only for those with existing City channels) $851.00 per year
Page 5 of 10
Page 314 of 2557
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 Beachfront Concession Concessionaire, I will be responsible for any
financial obligations associated with the, 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.
Name of Concessionaire:
(Name of Corporation, Partnership, LLC, other)
Signature of Concessionaire's Authorized Representative
By:
Name and Title of Concessionaire's Authorized Representative:
(please print)
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.
(Signature of Notary) (affix seal here)
Page 8 of 10
Page 315 of 2557
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: _
FoodllBeverage Trailers:
Concession Huts:
Other Equipment:
Number of Personnel:
Hours of Operation:
Page 7 of 10
Page 316 of 2557
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Page 8 of 10
Page 317 of 2557
EVACUATION PLAN
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.
Beachfront Concessionaire
VEHICLE INFORMATION SHEET
0 Check if no vehicle will be used for this concession
Specify type of Motor Vehicle requested to be used by Concessionaire and if applicable, 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:
Vehicle 2 (If Applicable):
Vehicle Type:
Vehicle Make:
Vehicle Model:
Vehicle Year:
Vehicle Color:
Vehicle Tag:
Location of nearest Beach Access Point:
Page 9 of 10
Page 318 of 2557
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
Date
Page 10 of 10
Page 319 of 2557
Exhibit 4
SAFE DRIVING AGREEMENT
(Full Corporate Name of Direct City Concessionaire 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, cr 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
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).
Page 1 of 3
Page 320 of 2557
(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 Prohibited. 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 acdent 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
Typed or Printed Driver's Name
Page 2 of 3
Page 321 of 2557
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 3 of 3
Page 322 of 2557
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 Concessionaire, 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.
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.
Page 1 of 1
Page 323 of 2557
RESOLUTION NO. 2018-30456
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
SUSTAINABILITY AND RESILIENCY COMMITTEE, AND APPROVING AN
AMENDMENT TO THE RULES AND REGULATIONS FOR BEACHFRONT
CONCESSION OPERATIONS, TO REQUIRE ALL UPLAND OWNER
CONCESSIONAIRES AND THEIR THIRD PARTY CONCESSION OPERATORS TO
UTILIZE 100% REUSABLE WARES IN CONNECTION WITH THEIR BEACHFRONT
CONCESSION OPERATIONS, INCLUDING THE DELIVERY, SERVICE, AND
CONSUMPTION OF FOOD AND BEVERAGES; PROVIDED THAT SAID
AMENDMENT BE REFERRED TO THE SUSTAINABILITY AND RESILIENCY
COMMITTEE, FOR DISCUSSION AND COMMENT, PRIOR TO FINAL APPROVAL BY
THE CITY COMMISSION.
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, the City of Miami Beach (the City), a world-renowned tourist destination,
declares that it is in the interest of the public health, safety, and welfare of its residents and
visitors to reduce litter and pollutants on the lands and in the waters of the City, and along its
shores and famous beaches; and
WHEREAS, single-use plastic is neither readily recyclable nor biodegradable, and takes
hundreds to thousands of years to degrade In the environment; and
Page 324 of 2557
WHEREAS, the discarded single-use plastic containers and wares contribute to
overburdened landfills, threaten wildlife and marine life, and degrade and litter our beaches; and
WHEREAS,the distribution of single-use plastic wares by businesses to consumers and
patrons has a detrimental effect on the environment of the City, County, and State; and
WHEREAS, as an environmental leader among local governments in the State of
Florida, the goal of the City is to replace single-use plastics with reusable, recyclable, or
compostable alternatives whenever possible; and
WHEREAS, in connection with the Beachfront Concession operations, the City could
execute one of two types of letter agreements with an Upland Owner Concessionaire: (1) a
Commercial Beachfront Concession Agreement, permitting an Upland Owner Concessionaire to
operate a Beachfront Concession for sales, services and rentals to the general public, in
addition to its guests and residents, or (2) a Non-Commercial Beachfront Concession
Agreement, which permits an Upland Owner Concessionaire to operate a Beachfront
Concession for sales, services and rentals solely to its guests and residents; and
WHEREAS, in February of 2017, the Miami-Dade County Beach Maintenance (MDC)
supervisor and the City's Beach Maintenance Director recognized the increasing volume of
trash being collected from the beaches each year and identified an objective to address "Beach
Trash Reduction"; and
•
WHEREAS, after studying and analyzing the frequency at which the total monthly trash
collection exceeded 300,000 pounds, and the locations on the beach where the incidence of
overflow occurred, it was determined that, while beachgoers contribute greatly to the volume,
the hotel food and beverage (F&B) operations were found to be the largest contributors to the
increasing volume of trash being collected; and
WHEREAS, on March 30, 2017, the City's Office of Asset Management, the City's
Beach Maintenance division, and MDC met with eight of th6 ;argest hotel representatives and
Steven Boucher of Boucher Brothers to secure feedback with regard to the use of reusable
wares, instead of disposable, in connection with the Beachfront Concession operations, with the
goal of reducing F&B generated trash on the beach; and
WHEREAS, the hotels, represented at the March 30, 2017 meeting, included Loews
Hotel, Ritz Carlton South Beach, Delano, SLS, The W South Beach, One Hotel, The Miami
Beach Edition, and Fontainebleau Hilton, of which all but one currently use some form of
reusable wares; and
WHEREAS, at the January 10, 2018 Sustainability and Resiliency Committee (SRC)
meeting, the Administration submitted a summary of their study and findings for consideration,
and the SRC made a favorable recommendation to submit, for consideration by the full City
Commission, an amendment to the Rules and Regulations, requiring that Commercial Upland
Page 325 of 2557
-
Owner Concessionaires, who provide F&B services, use fully reusable wares in connection with
their beachfront operations; and
WHEREAS, additionally, the SRC recommended that, in the interim, the Administration
meet with all hoteliers who are parties to a Commercial Beachfront Concession Agreement,
which includes food and beverage services, for additional feedback; and
WHEREAS, accordingly, the Administration secured feedback from various hotels which
operate commercial beachfront concessions, which include F&B services, located within the
jurisdiction of Miami Beach, as well as the surrounding jurisdictions of Sunny Isles Beach and
Surfside, and the general consensus was that it is less expensive to offer F&B services with
reusable wares than with disposable wares; and
WHEREAS, the Administration recommends that all Upland Owner Concessionaires and
their Third Party Concession Operators be required to use wares which are 100% reusable in
connection with their Beachfront Concession operations, including the delivery, service, and
consumption of food and beverages, and that they be required to collect and remove the wares,
after their use, from the public beach; and
WHEREAS, at the September 12, 2018 City Commission meeting, the Mayor and City
Commission approved amending the Rules and Regulations, to incorporate the reusable wares
requirement for Upland Owner Concessionaires, in connection with their Beachfront Concession
operations, and directed the Administration to refer the proposed amendment to the
Sustainability and Resiliency Committee for discussion and comment.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Sustainability and Resiliency
Committee, and approve an amendment to the Rules And Regulations For Beachfront
Concession Operations, to require all Upland Owner Concessionaires and their Third Party
Concession Operators to utilize 100% ;°usable wares in connection with their Beact`ront
Concession operations, including the delivery, service, and consumption of food and beverages;
provided that said amendment be referred to the Sustainability and Resiliency Committee, for
discussion and comment, prior to final approval by the City Commission.
PASSED and ADOPTED this 1) day of Spih,br, 2018.
ATTEST:
i
d ,c��,Rt E:' e
elber, Mayor
Rafael . Gran-do, City Clerk
September 27.2018/Environmental and Bea.•+Melnienan - ,•••-• =nded a •f•estated
RutesArgCiOtE s Hfvfr
ont
Concession Operations = ORATED FORM& LANGUAGE
&FOREXECUTION
`. ... 1 I
2 ' City Attorney Date
1�
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
Page 327 of 2557
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 /02. day of /44 018.
ATTEST:
'711111111V
° s: Gelber, Mayor
C
Rafael E. Granado, City C e 1. OR ORATED J
FORM & LANGUAGE
►�� & FO EXECUTION
4.
Z f'ag„'v:401' 557
L `• City Attorney ,p — Date