Resolution 2025-33754 RESOLUTION NO. Z02533754
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING
THE CITY MANAGER TO AMEND THE OUTDOOR DINING
CONCESSION AGREEMENTS WITH SELECTED RESTAURANTEURS
FOR THE CONTRACT TERM COMMENCING OCTOBER 1, 2025, TO
INCLUDE A NEW CONTRACTUAL TERM IN THE CONCESSION
AGREEMENT TEMPLATE WHEREIN THE CONCESSIONAIRE
VOLUNTARILY AGREES NOT TO ALLOW THE SMOKING OF
CIGARETTES ANYWHERE IN THE CONCESSION AREA.
WHEREAS, the City Commission, at its June 9, 2022 meeting, passed Resolution No.
2022-32205 and created, solely in the City's proprietary capacity and not in furtherance of any
regulatory function, an Outdoor Dining Concession Agreement Program ("the Program") for
selected restaurants with brick-and-mortar facilities and inside seating to offer food and
beverage services on the rights-of-way abutting the physical establishment; and
WHEREAS,the Program was established to serve�he valid public purpose of enhancing
the City's iconic brand by ensuring high-quality outdoor food and beverage service on City
property while providing residents and visitors with a world-class dining experience; and
WHEREAS, the concessionaires in this Program include only the best restaurants in the
City, selected at the City Manager's sole discretion, to offer outdoor cafe dining in public rights-
of-way adjacent to their establishments; and
WHEREAS, cigarette smoking at outdoor dining concession areas is not consistent with
the purposes served by the creation of the Program; and
WHEREAS, the Mayor and City Commission, therefore, desire to add an amendment to
the outdoor dining concession agreements with selected restauranteurs for the contract term
commencing October 1, 2025, to include a new contractual term wherein the concessionaire
voluntarily agrees not to allow �he smoking of cigare�tes anywhere in ihe concession area.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize and direct the City Manager to amend the outdoor dining
concession agreemenis with selected restauranteurs forthe contract term commencing October
1, 2025, to include a new contractual term in the concession agreement template wherein the
concessionaire voluntarily agrees not to allow the smoking of cigarettes anywhere in the
concession area.
PASSED AND ADOPTED this dS day of Tu� f 2025.
�Wv"`� �--
ATTEST:
Mayor Steven Meiner
�� JIIN � (J 2��2� ,..••••••�•., APPROVEDASTO
- �p?!`��8������., FORM & LANGUAGE
� a . Granado, City Clerk r`�' �"'�., & FO UTION
•f REGISBARBOU . �YYY '
. .14.OPP�AAiE�' ; � / 1oLy
(Sponsored by Commissioner David Suaref�4 � _.,9�� City tt ey �z Date
Co-Sponsored by CommissionerAlex J.Fernandez �`��Rc;y,26,`_
CoSponsored by Commissioner Joseph Magazine
Resolutions -C7 AS
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Mem6ers of the Ciry Commission
FROM: City Attorney Ricardo J. Dopico
DATE: June 25, 2025
TITLE: A RESOLUTION OF THE MAYOR AND CIN COMMISSION OF THE CIN OF
MIAMI BEACH, FLORIDA,AUTHORIZING AND DIRECTING THE CITV MANAGER
TO AMEND THE OUTDOOR DINING CONCESSION AGREEMENTS WITH
SELECTED RESTAURANTEURS FOR THE CONTRACT TERM COMMENCING
OCTOBER 1, 2025, TO INCLUDE A NEW CONTRACTUAL TERM IN THE
CONCESSION AGREEMENT TEMPLATE WHEREIN THE CONCESSIONAIRE
VOLUNTARILY AGREES NOT TO ALLOW THE SMOKING OF CIGARETTES
ANYWHERE IN THE CONCESSION AREA.
RECOMMENDATION
BACKGROUNU/HISTORV
ANALYSIS
The attached resolution is presented at the request of the sponsor, Commissioner David Suarez.
FISCAL IMPACT STATEMENT
NIA
Ooes this Ordinance reauire a Business Imoacl Estimatei
(FOR ORDINANCES ONLY)
If applicable, the Business Impaet Estimate (BIE)was published on:
See BIE al: httpsilwww miamibeachfl oovlciN-halllcitvclerk/meetinq-noticesl
FINANCIAL INFORMATION
CONCLUSION
Aoolicable Area
Ci[ywide
1097
Is this a "Residents Rioht to Know" item, Is this item related to a G.O. 6ond
pursuant to CiN Code Section 2-177 ProieM?
No No
Was this Aoenda Item initiallv reouesteC bv a lobbvist which, as AeTinetl in Cotle Sec. 2�81.
includas a orincioal enqaned in lobbvina? No
If so, specify the name of lobbyist(s)and principal(s)�.
DeoaRment
City Attomey
Soonsorlsl
Commissioner�avid Suarez
Co-soonsorfsl
Condensed Title
Cigarette Smoking at Ou[door Dining Concessions (Suarez) CA
Previous Action IFor CiN Clerk Use Oniv1
7098