94-21409 ResoRESOLUTION NO. 94-21409
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING
AND - FURTHER DEFINING THE SHORT-TERM
MORATORIUM, AS SAME WAS INITIALLY AUTHORIZED
AT THE CITY COMMISSION MEETING OF OCTOBER 19,
1994; SAID MORATORIUM WITH REGARD TO THE
ISSUANCE OF RENEWALS AND NEW OCCUPATIONAL
LICENSES FOR . BEACHFRONT CONCESSIONS
OPERATING BEHIND UPLAND PROPERTIES WEST OF
THE DUNE LINE; PROVIDING THAT RENEWALS AND
NEW LICENSES FOR BEACHFRONT CONCESSIONAIRES
BE ISSUED FOR A PERIOD OF ONE (1) YEAR, FROM
OCTOBER 1, 1994, PROVIDED, HOWEVER, THAT SUCH
LICENSES BE ISSUED FOR AN INITIAL PERIOD OF
NINETY (90) DAYS, AND THEREAFTER MAY BE
TERMINABLE WITHOUT CAUSE BY THE CITY, PENDING
THE CITY'S FINDINGS AND THE RESULTS OF ITS STUDY
OF PRIVATE BEACHFRONT CONCESSION OPERATIONS.
WHEREAS, during the Dr. Stanley Sutnick Citizens' Forum at the City Commission meeting ----
of October 19, 1994, a discussion was held regarding beachfront concessions operating behind
upland property west of the dune line, and a concern was expressed by members of the general public
with regard to these operations and the City's enforcement of rules and regulations pertaining thereto;
and
WHEREAS, pursuant to these concerns, the Mayor and City Commission recommended that
the Administration review its procedures with regard to the regulation of these concessions, and that
a subcommittee or task force be established to work with the Administration in reviewing the City's
existing procedures, and to develop new guidelines which would serve the purpose of not only
improving the regulation of private beachfront concessions, but also the overall condition and quality
of the City's beaches; and
WHEREAS, pending the City's study and its findings with regard to the operation of not only
the aforestated private beachfront concessions, but also of the overall quality and condition of the
City's beaches, and all operations pertaining thereto, the Mayor and City Commission directed the
Administration to only allow the issuance of Occupational Licenses for existing private beachfront
concessions, and not for new license applications; and
WHEREAS, at the time that this directive was issued to the Administration, there were
several pending applications for new private beachfront concessions operating behind upland property
that were in the process of being reviewed by staff, and
WHEREAS, the Administration is currently working with the City Attorney's Office in
ensuring that all private beachfront concessions operating behind upland property become properly
licensed, and come into compliance with the City's rules and regulations governing the operation of
these concessions; and
WHEREAS, in order to successfully effectuate this goal, the Administration and City
Attorney's Office would jointly recommend that the Mayor and City Commission modify the position
taken at the October 19, 1994 City Commission meeting to herein allow not only the renewal of
Occupational Licenses for properly qualified existing beachfront concessions, but also to allow the
issuance of new Occupational Licenses to qualified applicants for beachfront concessions, so that
those new applicants that were in the process of being reviewed by staff, also be treated equitably and
equally; and
WHEREAS, the Administration and City Attorney's Office would still recommend, that both
the renewal and issuance of new Occupational Licenses for private beachfront concessions operating
behind upland property be issued for a period of one (1) year, from October 1, 1994, but with the
provision, to be acknowledged by the applicant, that such licenses shall initially be issued for a period
2
of ninety (90) days, and may thereafter terminated without cause by the City, pursuant to the findings
and recommendations of its study regarding the City's beaches; and
WHEREAS, the aforestated guidelines would allow the Administration and City Attorney's
Office to continue working toward properly licensing all private concessions currently operating on
the City's beaches, would not interrupt the day-to-day operations of these activities on the beaches,
and would also allow more comprehensive rules and regulations to be promulgated and adopted, and
incorporated into such licenses.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission herein ratify the short term moratorium as same was initially authorized at the City
Commission meeting of October 19, 1994, with regard to the issuance of renewals and new
Occupational Licenses for beachfront concessions operating behind upland property west of the dune
line; providing that renewals and new licenses for beachfront concessionaires be issued for a period
of one (1) year from October 1, 1994, provided, however, that such licenses be issued for an initial
period of ninety (90) days, and thereafter may be terminable without cause by the City, pending the
City's findings and the results of its study of private beachfront concession operations.
PASSED and ADOPTED this I ft- .day of Novembe�, 1994._
ATTEST:
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CITY CLERK
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Legal
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F L O R I D A
COMMISSION. MEMORANDUM NO.
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
FROM: LAURENCE FEINGOLD ROGER M. CARLTON
CITY ATTORNEY C T MANAGER
SUBJECT: MORATORIUM ON ISSUANCE O RENEWALS AND NEW
OCCUPATIONAL LICENSES FOR BEACHFRONT CONCESSIONS
OPERATING BEHIND PRIVATE UPLAND PROPERTY
DATE: NOVEMBER 16, 1994
A discussion was held at the Dr. Stanley Sutnick's Citizens' Forum during the October
19, 1994 City Commission meeting regarding the activities and operating procedures of certain
beachfront concessionaires operating behind private upland property (i.e., west of the dune line).
Pursuant to the concerns raised by members of the general public at that time, the Mayor and City
Commission determined that it would be in the best interest of the citizens of the City to reevaluate
and perhaps redefine the City's procedures for administering and regulating these types of beachfront
concessions which, for purposes of the discussion herein, shall be referred to as the "private"
beachfront concessions, so that they may be distinguished from the City -owned "public" concessions.
During discussion at the citizens' hour, the Commission endorsed the idea of creating
a task force, or subcommittee, comprised of citizens, staff members of the Administration, beachfront
concessionaires, and other individuals with particular knowledge and expertise in the operation and
maintenance of beachfront concessions, water sports, and other activities which currently operate on
the City's beaches. Undoubtedly, the City's beaches are one of its principal assets, therefore, the City
has a vital interest in ensuring that this precious natural resource is preserved, and activities thereon
operated and maintained at the highest level of duality possible. 288
To that end, a direction was given to the Administration to halt the issuance of new
AGENDA Q
ITEM
1700 CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI E DATE
MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
PAGE 2
NOVEMBER 16, 1994
Occupational Licenses for private beachfront concessions, during the pendency of the City's study
and an evaluation of any findings with regard to the state of private beachfront concession operations.
No directive was given as to a halt on renewal of existing licenses.
Since receiving its directive from the Commission, the Administration has been
working closely with the City Attorney's Office in not only reviewing the existing status of all private
concessions currently operating behind upland property, but also as to both a short term and long
term course of action with regard to the issuance of Occupational Licenses for these entities, and the
promulgation of rules and regulations assuring that, once a license is issued, such concessions are run
properly and in accordance with the City's directives. This, of course, will be a long term process
which will rely greatly upon the findings and recommendations of the City's "task force" and/or
subcommittee. The purpose of this Memorandum is to address the immediate legal issue, which is
to further define the parameters of the "moratorium" on the issuance of renewals and new licenses
for private beachfront concessions.
Although the Commission's initial directive was that license renewals be processed as
usual, but that no new licenses be issued for private beachfront concessions, the City Attorney would
recommend that, in order to treat all applicants equitably, a procedure be established, as outlined in
the attached Resolution, allowing that qualified renewals and new licenses be issued to
concessionaires meeting all requirements for such renewals and/or new issuances, subject to an initial
ninety (90) day restriction, allowing for the renewal, or new license to be terminated without cause
by the City, pending the results of its study of private beachfront concessions. In the event that the
City has not concluded its study within the first ninety (90) day period, we would recommend that
all licenses continue in effect for a second ninety (90) day term, upon the same terms and conditions.
In recommending this ninety (90) day clause, it is not intended that the Occupational
Licenses be terminable per se, but rather, as it is expected that the City's study will bring forth a series
of recommendations which will be incorporated into the existing rules and regulations for private
beachfront concession operations, it is precisely these rules and regulations that should be
incorporated and tied into all renewals and new licenses following the initial (or second) ninety (90)
day period. Therefore, ideally, the City hopes to continue to be operating with all concessionaires
who apply for and receive renewals or new licenses, with the inclusion of a series of more effective,
concise, and comprehensive rules and regulations for operating on the beaches.
As the City Attorney's Office is currently working closely with the Administration to
ensure that all concessionaires on the beach become properly licensed. It is jointly recommended by
both that the Mayor and City Commission adopt the attached Resolution outlining the terms of the
short term "moratorium" on the renewals and issuance of new Occupational Licenses for private
beachfront concessions, pending the City's findings and the incorporation of the recommendations
ZS9
MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
PAGE 3
NOVEMBER 16, 1994
of the City's task force and/or subcommittee, which the Commission anticipates creating with regard
to private beach front concession operations. It is also recommended by both the Administration and
the City Attorney's Office that the Commission review its original directive, and permit the issuance
of new licenses, along with renewals, on the aforestated limited ninety (90) day basis, so that those
pending new licenses that were already being processed prior to the issuance of the Commission's
directive on October 16, 1994 may be processed and reviewed, and all operators on the beach may
be treated equally and equitably.
RJA/ks
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