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HomeMy WebLinkAboutResolution 2025-33818RESOLUTION NO. 20 2 5- 3 3 8 18 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE, AT ITS JULY 16, 2025 MEETING, AND APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 2 TO THE AMENDED AND RESTATED CONCESSION AGREEMENT, DATED MAY 21, 2019 ("AGREEMENT"), AMONG THE CITY, BOUCHER BROTHERS MIAMI BEACH, LLC AND BOUCHER BROTHERS MIAMI BEACH 21 & 46ST, LLC (COLLECTIVELY "CONCESSIONAIRE"), FOR THE MANAGEMENT AND OPERATION OF CERTAIN PUBLIC BEACHFRONT CONCESSION AREAS; SAID AMENDMENT, AMONG OTHER THINGS,: (1) AUTHORIZING A ONE (1) YEAR PILOT PROGRAM FOR THE SALE OF A SET MENU OF PREPACKAGED ALCOHOLIC BEVERAGES WITHIN THE LUMMUS PARK AND 21ST STREET BEACHFRONT CONCESSION AREAS; PROVIDED, HOWEVER, THAT (I) THE CITY MANAGER MAY SUSPEND ALCOHOL SALES FOR UP TO SIXTY (60) DAYS UPON AT LEAST TWENTY-FOUR (24) HOURS' PRIOR WRITTEN NOTICE TO CONCESSIONAIRE AND (II) THE CITY MANAGER OR THE CITY COMMISSION MAY TERMINATE THE ALCOHOL SALES PROGRAM ENTIRELY, UPON AT LEAST TWENTY- FOUR (24) HOURS' PRIOR WRITTEN NOTICE TO THE CONCESSIONAIRE; (2) EFFECTIVE SEPTEMBER 3, 2025, PROVIDING RESIDENTS OF THE CITY OF MIAMI BEACH A 35% DISCOUNT FOR THE RENTAL OF BEACH CHAIRS AND UMBRELLAS CITYWIDE; AND (3) PROVIDING SAND SIFTING SERVICES THREE (3) TIMES PER WEEK FOR THE BEACHFRONTS LOCATED ALONG THE NORTH BEACH AREAS, WHICH ARE CURRENTLY NOT ACTIVATED; AND FURTHER, UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AMENDMENT. WHEREAS, on February 2, 2012, the City of Miami Beach ("City") and Boucher Brothers Miami Beach, LLC ("BBMB") entered into a Concession Agreement, as amended by Amendment No. 1 to Concession Agreement, dated November 15, 2016, granting BBMB the exclusive right to operate beachfront concessions at Lummus Park, Ocean Terrace, North Shore Open Space Park, and South Pointe Park Beach, including services such as beach equipment rental, food and non-alcoholic beverages, retail sales, and watersports rentals; said original Concession Agreement having an initial five (5) year term with one (1) additional five (5) year renewal term; and WHEREAS, on May 8, 2019, the Mayor and City Commission adopted Resolution No. 2019-30829, approving the Amended and Restated Concession Agreement of the original Concession Agreement, extending the initial term to seven years and %, through December 31, 2026, and adding two (2) additional five (6) year renewal terms; and WHEREAS, the City and BBMB entered into the Amended and Restated Concession Agreement on May 21, 2019; and WHEREAS, on July 29, 2020, the Mayor and City Commission adopted Resolution No. 2020-31368, authorizing the Administration to negotiate the First Amendment to the Amended and Restated Concession Agreement and incorporating the 215t and 46th Street concession areas, which were the subject of a separate concession agreement, between the City and Boucher Brothers Miami Beach 21 & 46 St, LLC ("BB21/46") and therefore consolidating both concession agreements under the Amended and Restated Concession Agreement and updating the financial terms; and WHEREAS, with an effective date of January 1, 2021, the City, BBMB and BB21/46 executed the First Amendment to the Amended and Restated Concession Agreement; and WHEREAS, the Concessionaire has consistently provided high -quality service and operations across the public beachfront concessions and met evolving City objectives; and WHEREAS, the Concessionaire has proposed adding the sale of a preset menu of prepackaged alcoholic beverages solely within the Lummus Park and 21st Street beachfront concession areas (collectively the "Program Concession Areas"), subject to all local and state laws and with operational protocols, staff training, and public safety measures for a period of one year ("Alcoholic Beverage Program"); and WHEREAS, the City will review the outcomes of the Alcoholic Beverage Program at the conclusion of the one-year pilot term ("AB Term'), including financial, public safety, and community measures, before considering any long-term continuation of alcohol sales at the designated Program Concession Areas; and WHEREAS, the approval of the Pilot Program will be memorialized in the Second Amendment to the Amended and Restated Concession Agreement and will include the following provisions: • Minimum Annual Guaranty during the AB Term ("ABMG") of Two Hundred Fifty Thousand Dollars ($250,000.00) for the AB Tenn, payable upon execution of Amendment No. 2, subject to refund to Concessionaire proportionately, in the amount of $684.94 per day for each day of suspension or, if terminated, for the number of days from the date of termination through the end of the AB Term; • Percentage of Gross Receipts during the AB Term ("ABPG") equal to the difference between the ABMG payment and the annual amount of the ABPG that exceeds the amount of the ABMG for alcoholic beverage sales, payable at the end of the AB Tenn, with the ABPG for alcohol sales being calculated as follows: (i) eighteen percent (18%) of Gross Receipts from alcohol sales of up to five million dollars ($5,000,000.00) during the AB Term; and (it) twenty percent (20%) of Gross Receipts from alcohol sales exceeding five million dollars ($5,000,000.00); • introduces protocols for operational oversight, including staffing ratios, accredited training, off -duty law enforcement, ID verification, service limits, incident reporting, audits, and compliance with all applicable laws and requirements; • an annual $10,000 contribution to the City to defray the City's contribution to the North Shore Band Shell operations, initially for the AB Term; however, if the Alcoholic Beverage Program is extended past the AB Term by the City Commission, Concessionaire will continue to provide this annual contribution for the remainder of the term of the Management Agreement between the City and The Rhythm Foundation, Inc., its successors or assigns; • increased law enforcement presence with off -duty police officers; • The City Manager will have the ability to suspend alcohol sales upon providing Concessionaire with written or verbal notice; and • The City Manager or the City Commission will have the ability to terminate the Alcoholic Beverage Program upon twenty-four (24) hours' prior written notice to the Concessionaire; and WHEREAS, additionally, during the July 23, 2025 City Commission meeting, Concessionaire specifically agreed: (a) to perform sand sifting services at the beachfront areas along North Beach three (3) times per week during the AB Term; (b) to provide, effective September 3, 2025, Miami Beach residents with a 35% discount toward the rental of beach chairs and umbrellas Citywide during the AB Term; (c) not to activate any concession area north of Allison Park unless and until such activation is expressly authorized by the Mayor and City Commission; (d) upon the request of the City, to establish an area at a location north of Altos del Mar Park to be determined by the City in a written notice to Concessionaire and to make fifty (50) units of Beach Equipment per day available to North Beach Residents in such area at no cost and (e) to make an annual donation to the City commencing January 1, 2026 and on each January 1 thereafter through January 1, 2034 in the amount of ten thousand dollars ($10,000) to be utilized by the City to support the Miami Beach Bandshell; and WHEREAS, as the essential terms proposed for Amendment No. 2 provide community benefits, while advancing City priorities for financial sustainability, public safety, and tourism, the City Manager recommends approving, in substantial forth, Amendment No. 2, containing the essential terms set forth in this Resolution, and authorizing the City Manager and City Clerk to execute the final Amendment following completion of successful negotiations and review and approval by the City Attorney. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Finance and Economic Resiliency Committee, at its July 16, 2025 meeting, and approve, in substantial form, Amendment No. 2 to the Amended and Restated Concession Agreement, dated May 21, 2019 ("Agreement"), among the City, Boucher Brothers Miami Beach, LLC and Boucher Brothers Miami Beach 21 & 46st, LLC (collectively, "Concessionaire"), for the Management and Operation of Certain Public Beachfront Concession Areas; said Amendment, among other things,: (1) authorizing a one (1) year pilot program for the sale of a set menu of prepackaged alcoholic beverages within the Lummus Park and 21't Street beachfront Concession Areas; provided, however, that (i) the City Manager may suspend alcohol sales for up to sixty (60) days upon at least twenty-four (24) hours prior written notice to Concessionaire and (ii) the City Manager or the City Commission may terminate the Alcohol Sales Program entirely, upon at least twenty-four (24) hours' prior written notice to the Concessionaire; (2) effective September 3, 2025, providing residents of the City of Miami Beach a 35% discount for the rental of beach chairs and umbrellas Citywide; and (3) providing sand sifting services three (3) times per week for the beachfronts located along the North Beach areas, which are currently not activated; and further, upon completion of successful negotiations, authorize the City Manager and City Clerk to execute the Amendment. PASSED and ADOPTED this .?3 day of TU, 2025. ATTEST: Steven Meiner, Mayor SEP 18 2025 Rafael E. Granado, City Clerk Sponsored by Commissioner Kristen Rosen Gonzalez 11 �IMCDAP DAAIEDi E gppROVEo AS TO Fg OR CUT ON City AMMSY Date Agenda Item C� Date 7 -.�23-ats MIAMIBEACH Cli Of Mliml Beachh, 1700 Convention Can,¢, 0,v , Mlami Beach, is 33139, �-miem saB hfl.Wv COMMISSION MEMORANDUM TO: Honorable Mayor Steven Meurer and Members of the 9ity, Commission ��� C/ FROM: Eric T. Carpenter, City Manager " ( ,�Q�1 DATE: July 23, 2025" SUBJECT. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE, AT ITS JULY 16, 2025 MEETING AND APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 2 TO THE AMENDED AND RESTATED CONCESSION AGREEMENT, DATED MAY 21, 2019 ("AGREEMENT"), AMONG THE CITY, BOUCHER BROTHERS MIAMI BEACH, LLC AND BOUCHER BROTHERS MIAMI BEACH 21 & 46ST, LLC (COLLECTIVELY "CONCESSIONAIRE"), FOR THE MANAGEMENT AND OPERATION OF CERTAIN PUBLIC BEACHFRONT CONCESSION AREAS; SAID AMENDMENT AUTHORIZING A ONE (1) YEAR PILOT PROGRAM FOR THE SALE OF A SET MENU OF ALCOHOLIC BEVERAGES WITHIN THE LUMMUS PARK AND 21ST STREET BEACHFRONT CONCESSION AREAS; PROVIDED, HOWEVER, THAT THE CITY MANAGER MAY, AT ANY TIME AND IN HIS SOLE DISCRETION, SUSPEND THE ALCOHOL SALES PROGRAM FOR UP TO SIXTY (60) DAYS OR TERMINATE THE PROGRAM ENTIRELY, IN EACH CASE UPON AT LEAST TWENTY-FOUR (24) HOURS' PRIOR WRITTEN NOTICE TO THE CONCESSIONAIRE; AND FURTHER AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE THE AMENDMENT. The Administration recommends that the Mayor and City Commission approve the resolution accepting the recommendation of the Finance and Economic Resiliency Committee (the "Committee') at the July 16, 2025 meeting approving Amendment No. 2 to the Amended and Restated Public Beachfrom Concession Agreement with Boucher Brothers Miami Beach, LLC and Boucher Brothers Miami Beach 21 & 46 St, LLC (collectively, "Concessionaire'), authorizing the implementation and operation of a one (1) year pilot program permitting regulated alcohol sales at the Lummus Park and 21 st Street beachfront concession areas. BACKGROUND The City of Miami Beach ("City'), together with Boucher Brothers Miami Beach, LLC and Boucher Brothers Miami Beach 21 & 46 St, LLC (collectively, "Concessionaire') are parties to a Concession Agreement granting the Concessionaire the exclusive right to operate beachfront concessions at Lummus Park, Ocean Terrace, North Shore Open Space Park, and South Pointe Park Beach. The agreement initially authorized services such as the rental of beach equipment, food and non-alcoholic beverage service, retail sales of beach -related products, and watersports rentals. Originally executed in 2012 with a retroactive start date of November 5, 2011. the agreement initially provided a five-year term with a renewal option, which was exercised in 2016 via Amendment No. 1. In 2019, the City Commission approved an Amended and Restated Concession Agreement extending the term through December 31, 2026, with two additional five- year renewal options. A subsequent amendment in 2021 further expanded the concession areas and updated financial provisions to better align with evolving city objectives. The Concessionaire, pursuant to its agreement with the City, has consistently provided high - quality service and operations across Miami Beach's public beachfront concessions. The proposed Second Amendment seeks to build on this foundation by authorizing, on a one (1) year pilot program basis, the regulated sale of alcoholic beverages solely within the beachfront concession areas adjacent to Lummus Park and 21' Street, subject to compliance with all local and state laws. This one (1) year pilot program will allow the City to evaluate the operational, economic, and community impacts of alcohol sales at these public beachfront concession areas before considering any longer -term implementation. To further protect public safety and operational flexibility, the Amendment authorizes the City Manager, at any time and in his or her sole discretion, to suspend the alcohol sales program for a period of up to sixty (60) days or to terminate the program in its entirety, in each case by providing at least twenty-four (24) hours' prior written notice to the Concessionaire. This ensures the City can take immediate and appropriate action should any safety or operational concerns arise during the pilot period. To facilitate proper licensing and oversight during the pilot period, the inclusion of the 21 st Street concession is intended to allocate the liquor license physical address with the Concessionaire, as this location has a permanent structure with an address of 50 W. 21st Street. The pilot initiative will be implemented in accordance with detailed operational protocols, employee training requirements, and public safety measures outlined in the Alcohol Sales Operational and Safety Program Report (Exhibit A). ANALYSIS On June 11. 2025, the Committee discussed the proposed Second Amendment. The Committee recommended in favor of executing a Second Amendment with Boucher Brothers Miami Beach, LLC and Boucher Brothers Miami Beach 21 & 46 St, LLC (collectively, "Concessionaire") The proposed Second Amendment ("Amendment") is intended to enhance the City's beachfront concessions by introducing, for an initial one (1) year pilot period, regulated alcohol sale at the Lummus Park and 21st Street beachfront concession areas. In connection with the introduction of alcohol sales, the Amendment revises the City's compensation structure to ensure an appropriate share of revenue as demand grows. Under the new structure, the Concessionaire will pay the City eighteen percent (18%) of Gross Receipts from alcohol sales up to five million dollars ($5,000,000) in each lease year, and twenty percent (20%) of Gross Receipts on amounts greater than five million dollars ($5,000,000) in each lease year. In addition, the Concessionaire will provide a minimum guaranty during the pilot program of two hundred fifty thousand dollars ($250,000), payable upon the execution of Amendment No. 2. The Amendment also introduces a regulated framework for alcohol sales within the designated concession areas. This framework is designed to ensure public safety, operational integrity, and community benefits, as detailed in the Alcohol Sales Operational and Safety Program Draft, attached as Exhibit A. Key elements include: • Increased Revenue: Allowing alcohol sales and related sponsorships will expand the Concessionaire's services, driving higher concession revenues and a direct financial benefit to the City through increased percentage -based compensation. • Enhanced Guest Experience: Alcohol service is a standard beachfront amenity and will help meet visitor expectations, supporting tourism and aligning Miami Beach with similar destination communities. • Proven Operator Performance: The Concessionaire has consistently met City standards and invested in beach operations, maintaining a safe, guest -friendly environment. • Operational Oversight and Control: Alcohol sales and sponsorship activities require City approval and must comply with all applicable laws and regulations, including zoning, licensing, and safety standards. • Public Safety and Security The program requires proper staffing, trained personnel, off -duty law enforcement, strict ID checks, service limits, and detailed incident reporting to ensure a safe environment. • Employee Training and Compliance All staff involved in alcohol service must complete accredited responsible service training and comply with required codes and audits. • Community I Public Benefits The Concessionaire will provide an annual $10,000 contribution to the Miami Beach Band Shell during the first nine (9) years following the execution of this Amendment No. 2), enhance beach maintenance, and increase off -duty law enforcement. At the conclusion of the one-year pilot period, the City will review program outcomes, including revenue generation, public safety metrics, and community feedback to determine appropriate next steps. Specifically, the Amendment provides the City Manager has, at any time and in his or her sole discretion, the authority to suspend the alcohol sales program for up to sixty (60) days or terminate the program entirely, with not less than twenty-four (24) hours' prior written notice to the Concessionaire. This operational safeguard ensures the City can respond swiftly and decisively to any urgent or unforeseen circumstances impacting the safety or welfare of residents and visitors. CONCLUSION The City Administration recommends approving Amendment No. 2 to the Amended and Restated Public Beachfront Concession Agreement with Boucher Brothers Miami Beach, LLC and Boucher Brothers Miami Beach 21 & 46 St, LLC (collectively, "Concessionaire"), authorizing the implementation and operation of a one (1) year pilot program permitting regulated alcohol sales at the Lummus Park and 21st Street beachfront concession areas. EXHIBITS Exhibit A — Alcohol Sales Operational and Safety Program Report Draft EXHIBIT A June 24, 2025 Via Electronic Mail Ozzie Dominguez. CSM Director of Asset Management Facilities and Fleet Management Department City of Miami Beach 1833 Bay Road, 21' Floor Miami Beach, FL 33139 ozziedominc uezidmiamibeachfl. cov ReBeach Alcohol Sales Proposal — Lummus Park and 21 p1 Street Dear Mr. Dominguez This letter is in response to your offices email dated June 18, 2025 with respect to detailed information on beach alcohol sales. Enclosed please find our responses to your questions. Please note, the responses contained herein are subject to change. We continue to work with consultants to ensure the life safety and alcohol protocols are robust given the outdoor environment we work within. Our consultants are also finalizing the projected revenue forecasts to better understand the metrics behind this opportunity. Thank you for this opportunity and we look forward to discussing this information with you in more detail. Sincerely, Steven V. Boucher BOUCHER 5)BRO.RERB 1. Safety and Security I (a). Detailed protocols for crowd management, incident response, medical emergencies, lost persons, and evacuations Crowd Management To ensure public safety and prevent overcrowding at each Boucher Brothers location in Lammas Park, several proactive measures will he implemented. A streamlined menu will be offered to minimize wait times and facilitate quicker service. Additionally, all staff will be appropriately trained in guest [low management, customer service, and operational efficiency. Clearly marked signage will be strategically placed to guide guests through ordering areas, reducing confusion. Trained team members will be assigned to monitor crowd levels, direct foot traffic, and assist guests as needed to maintain a smooth and orderly environment. Adding staff during peak times, holidays, high -volume weekends Staff responsibilities will include: Monitoring crowd density and behavior Guiding guests to other locations if necessary Responding quickly to crowding or safety concerns Never letting crowd size block emergency access lanes�areas. F&B Operations Team workflow will be made easier by: Assign specific roles (e.g.. order taker, cashier, prep). Train for speed and efficiency. Use clear signage so staff don't need to answer repetitive questions. Streamlined menu that will focus on bestsellers and high -margin items. Incident Response/Emergencies: Our objectives: Protect the health and safety of all beach guests and staff. Ensure rapid and coordinated response to incidents. Minimize disruption and maintain beach operations when possible. Enable effective communication with emergency services and ownership. Minor injury: First: Trained staff to administer first -aid Escalation: Ocean Rescue - Guide EMS to scene Notes: Standard triage protocol Documentation: Incident Report Major injury: First: Ocean RescucfEMS - Guide EMS to scene Notes: Immediate 911 Unruly/Intoxicated individual: First: Supervisor Escalation: Law Enforcement Documentation: Log/Incident Report Lost Person: First: Supervisor Second: Announcement to beach/nearby concessions. Privacy -conscious announcement policies (no minors names to be shared) Gather: age, description, last known location Reporting. structure: Report Supervisor Family contact l(b). Security staffing plan (including minimum numbers, deployment, shifts. roles, and arrest/intervention training —especially use of off -duty police) BB Team members will be trained so they have the knowledge and skills required to ensure the safety of guests, start. and property during operational hours through proactive monitoring, incident prevention, and coordinated response. Supervisor - I per every 500 guests (8 Hour Shift) Roving Team Member- I per every xx guests (8 Hour Shift) Off Duty PD - I per every 500 guests (8 Hour Shift) 1(c). Alcohol service point monitoring, securing storage. and prevention of unauthorized access Lockable alcohol storage (mobile or fixed) Inventory control logs Staff -only access with PIN/Passcode Visual checks by rovering team member I(d). Protocols for addressing unruly or violent incidents, and coordination with law enforcement/emergency medical response Initial response by closest Boucher staff: isolate, assess, call backup Use of force hierarchy enforced (verbal, law enforcement) Secure area, remove bystanders, video record if possible Law enforcement coordination through dedicated channel Incident documentation and intemal report within 2 hours I (e). Anti -black market measures: staff assignments. reporting structures, technologies, and steps for detecting/deterring/responding to unlicensed sales or unlawful possession Loss Prevention Oversight: LP team deployed to monitor and flag suspicious or unauthorized sales. Off -Duty PD Enforcement: Officers empowered to intervene and cite for unlawful alcohol possession or resale. Tech Tracking: POS logs matched to batch counts daily. Public Education: Branded signage explains where w buy legally and warns against illegal vendors. 9 Employee Training 2. Employee Training & Compliance 2(a). What type of training will your staff receive (e.g., certifications, alcohol service, public safety, ID verification, and ongoing education)? All Food & Beverage Managers are required to complete both a FL Responsible Vendor Course and an ANSI Accredited Florida Food Manager Certification prior to starting the role (Florida minimum time frame requirement for certification = 30 days). TIPS (Training for Intervention ProcedureS) Learn2Serve Florida Responsible Vendor Training https://ww .responsibletraining.com/products( lorida-Responsible-Beverage-Server-Seller.mpx Lessons: Seller Server Training Minors and Alcohol Intoxicated People and Alcohol Sales Alcohol to Go, Delivery, and Other Programs Responsible Vendor Training https://www.responsibletraining.com/producWFlorida-Food- Manager-Trai n ing.aspx Lessons: Food Management Responsibilities Employe Hygiene Foodbome Illness Cross Contamination Food Controls Hazard Analysis & Critical Control Points Food Equipment & Physical Facilities Inspections, Licenses, & Enforcement Pest Controls & Chemicals Age Verification Training incorporated into all onboarding materials and annual renewal training required Age Verification Training reviews: Checking every person who appears under 40 Acceptable IDS in Miami Beach: Valid driver's license, state ID, passport, military ID ID Security features: holograms, raised text, proper fonts, and spacing Checking photo matches the person and ID is not expired Focus on birthdates over birth years Roleplaying scenarios where guests become upset, when not everyone has ID, and denying service Addt'I Standard Operating Procedures (SOPS) related to alcohol incorporated into each Server + Runner training. Training to include: Hours of operation and last call rules (I la. - Sp. DST, I la. - 5p. EST) Drink limits per person (e.g., 3 per transaction, tagging system) Incident reporting (fights, suspicious activity to be reported to code compliance) Communication channels (radios provided to each serving member, escalation protocols) F&B Safety What to do in a medical emergency or violent incident (call upon Ocean Rescue and 9111 Who to contact and how to secure alcohol storage in emergencies (alcohol under lock + key in service huts when not in service.) Refusing Over -Intoxicated Guests: Signs of Intoxication Training, Refusal Roleplaying, and De-escalation steps of service Sexual HarassmenNGuesl Conduct (step-by-step support, management and reporting) Written retraining and compliance monitoring plan, including steps for handling violations or near -misses 2(b). Retraining & Compliance Plan Training Schedule Annual Retraining: Covering all certifications, ID checking, intoxication signs, SOPS, and emergency procedures Daily Refreshers: focused "micro -training" sessions held each morning with teams, rotating through key topics Quality Assessing System Daily: Training and Development "micro-trainings" and coaching from F&B Operation Leader Monthly: Review of training & certification compliance scores+ Service & Integrity Auditing VIOLATION RESPONSE Level l: Minor (forgot ID check, minor procedure infraction) Immediate correction + verbal reminder Individual refresher training within 48 hours Increased supervision for 3 shifts Level 2: Moderate (serving without ID check, failing to refuse intoxicated guest) Remove from alcohol service immediately Written warning + mandatory retraining within 24 hours 30-day probation with weekly check -ins Level 3: Serious (serving minors, serving obviously intoxicated guests) Immediate suspension pending investigation Disciplinary action up to termination If reinstated: comprehensive retraining +90-day probation KEY PERFORMANCE TEAM TARGETS Training Completion: 100%within required timeframes Quality Assessment Scores: Minimum 85%passing rate INCIDENT DOCUMENTATION ALWAYS REQUIRED All incidents must include: date/time, staff involved, detailed description, witnesses, immediate actions, root cause analysis, and follow-up plan. o Cleaning Sanitation 3. Cleaning, Sanitation, Environmental Maintenance 3(a). Daily, shift, and post shift cleaning protocols (including frequency and responsible staff) Boucher Brothers staff will be responsible for ensuring that all cleaning and sanitation protocols outlined in this SOP are properly implemented and maintained. All line -level team members working in beach kiosks will be trained to execute these procedures daily as part of their standard duties. To ensure consistency and accountability, designated facilitators will conduct routine walkthroughs, and verification checks at each kiosk. In addition, the Boucher Brothers Directors of Public Areas and the Loss Prevention team will support oversight by conducting regular audits, identifying potential issues, and enforcing compliance with both internal standards and public health regulations. Opening Protocols (Before Service Begins) Wipe and sanitize all kiosk counters, wine service stations, and preparation areas using a food -safe disinfectant. Clean high -touch areas: handles, cooler doors, drawers, and POS equipment. Ensure coolers and Fridges are clean, functioning, and maintaining proper temperature Ensure all beer and wine are stored off the ground and protected from sun, sand, and contamination. Staff must verify expiration dates and ensure all products are sealed, properly closed, and safe for service. Staff must inspect the smite area and make sure there is no pest activity. Place clean bins for trash and recycling in approved locations. Inspect the service area Daily Shift Protocols (During Operating Hours) Sanitize all guest -facing surfaces and counters every hour or after spills. Rinse and sanitize F&B tools every 4 hours or as needed (if applicable). Empty trash and recycling bins before they overflow. Walk the surrounding kiosk and beach area hourly to pick up any litter. Change gloves between tasks and never serve with bare hands. Post -Shift Protocols (After Kiosk Closes) Thoroughly wipe down all prep and service surfaces with disinfectant. Clean exterior and interior of coolers, wine fridges, and any F&B stations. Remove all waste and recyclables to the designated disposal location. Wipe and sanitize the interior and lids of all bins before relining. Alcohol Storage: Secure all remaining beer and wine in locked, temperature -controlled storage. Remove any opened, unsellable, or expired product as per alcohol handling policy. Floor & Sand Cleanup (if applicable): Sweep and disinfect kiosk Floor or service mats. Ensure surrounding sand area is cleared of any debris. Log Completion: Fill out the Daily Cleaning & Sanitation Log. Note any maintenance issues, pest sightings, or product spoilage. 3(b). Waste, trash, recycling, and hazardous material handling (including litter prevention and container location) Proper handling of waste, recycling, and hazardous materials is essential to maintaining a clean, safe, and environmentally responsible beach kiosk operation. All waste must be disposed of in trash can bins that are waterproof and resistant to pests. These bins should be emptied regularly throughout the day to prevent overflow, odor, and wildlife attraction. Boucher Brothers personal will be trained to identify recyclable materials and ensure they are free from food or liquid contamination. Recyclables should never be mixed with trash, as cross - contamination can result in improper disposal. Additionally, Boucher Brothers will continue to have the beach sand sifted by a City of Miami Beach approved operator and will intensify the frequency of these siftings to further support cleanliness and environmental ewe. Hazardous materials, such as cleaning chemicals or fuels used for operations, must be stored in locked, designated areas, well away from public access and any food or beverage supplies. These substances should be handled strictly according to manufacturer instructions and local safety guidelines. Litter prevention is a shared, ongoing responsibility. Kiosk staff are expected to perform regular walk-throughs of the surrounding beach area throughout the day, collecting any stray waste or recyclables and actively encouraging guests to use the designated disposal bins. Boucher Brothers also recommend adding visible signage, approved by the City of Miami Beach, to remind guests not to litter. Combined with proactive staff engagement. these efforts help preserve the cleanliness and natural beauty of the beachfrom. Al the end of each day, all waste, recycling, and hazardous materials must be properly removed. bins cleaned and closed, and waste logs updated. These protocols not only maintain a safe and welcoming guest environment but also align with environmental regulations and stewardship responsibilities associated with operating on the beach. 3c) Pest control and maintenance protocols Pest control at beach kiosks serving alcohol is a critical part of operational sanitation and guest safety. The combination of sweet beverages, food -related waste, moisture, and outdoor exposure creates ideal conditions for attracting pest. To prevent these risks, Boucher Brothers staff will adhere to a proactive and structured approach to pest prevention and response. Each morning, prior to opening, kiosk staff are expected to inspect the service area and surrounding perimeter for any signs of pest activity. These visual inspections are to continue throughout the day, with hourly walk-throughs conducted by the on -site facilitators. Any suspicious findings are to be immediately reported to management and logged for follow-up. Alcoholic beverages must always remain sealed or covered when not in active use. Products that are expired or exposed should never be used and must be discarded following proper disposal procedures. All inventory must be rotated using a first -in, first -out method to ensure freshness and limit the presence of attractants. Staff are expected to maintain a clean environment around the kiosk by regularly clearing litter and reminding guests not to leave drinks. Structural maintenance of the kiosk will be verified, and each kiosk will be scheduled for preventive maintenance, periodically. Staff should check for gaps, holes, or cracks where insects or rodents could enter and ensure that storage cabinets and beverage coolers remain tightly closed when not in use. To support these efforts, Boucher Brothers maintains a contract with a certified pest control vendor who performs regular preventive treatments and on -call response as needed. These services are logged in detail and reviewed by the Directors of Public Areas and the Loss Prevention team to ensure that all kiosks remain in compliance with health and environmental safety standards. All pest control actions, from daily staff inspections to vendor visits, must be documented in a dedicated pest control log. This record includes dates of inspection, details of observed activity, and any actions taken or treatments applied. This log is reviewed regularly during internal audits and is available for review during health or regulatory inspections. By integrating these procedures into the daily operation of beach kiosks, Boucher Brothers ensures a clean, compliant, and pest -free environment that supports both public safety and guest satisfaction. M Alcohol Service Controls 4. Alcohol Service Controls 4(a). Procedures for verifying legal drinking age (21+) with government -issued IDs BB Staff will be trained on what acceptable forms of identification are and how to verify the documents. Acceptable Forms of Govemment-Issued ID: Driver's License or State ID (with photo) U.S. Passport or Passport Card Military ID Foreign Passport (with recognizable birthdate and photo) Verification Steps: I. Check Birthdate— Ensure guest is 21 or older. 2. Inspect Security Features — Look for holograms, raised text, UV marks. ,. Match ID to Guest — Verify photo and physical description match. 4. Check Expiry — Do not accept expired IDs. 5. Ask Questions — If suspicious, ask for zip code or zodiac sign. Tools & Tech: ID scanners UV light scanners 4(b). Policies and logs for service refusal and de-escalation (underage, intoxicated, or disruptive guests) BB policy establishes clear guidelines for staff on how and when to refuse service of alcoholic beverages in order to comply with Florida state law, promote guest safety. and reduce the risk of alcohol -related incidents on the beach.. Reasons for Refusal: Underage or fake ID Visibly intoxicated Disruptive or aggressive behavior Steps for Service Refusal: I. Politely but firmly explain the reason. 2. Offer non-alcoholic options if appropriate. 3. Alert a supervisor or manager if the guest becomes agitated. 4. Document the incident. De -Escalation Training will include: Use calm, non -confrontational language. Avoid public embarrassment; speak privately if possible. Call PD if needed. 4(c). Rules on prohibiting/enforcing non -consumption of alcohol by staff; documentation/reporting of suspected staff violations Our policy will strictly prohibit the consumption, possession. or influence of alcohol while on duty or representing the organization at worksite. Staff who do not adhere to this policy may face: Immediate removal from concession area Termination Fines or legal consequences if found in violation of liquor laws 4(d) Drink exclusions, serving size controls, and per-guest/time-based transaction limits Serving Size Guidelines: Beer: Max 16 oz per pour Wine: Max 6 oz per glass Per -Guest / Time -Based Limits: Max 2 drinks per guest per transaction Max 2 drinks per guest per hour Last call 60 minutes before close 4(e). Systems for tracking individual guest consumption (e.g.. wristbands, POS Flags) POS-Based Controls: Servers log each transaction via cloud -based POS system with guest ID or chair tag reference. System tracks total purchases and time intervals. Alerts staff to slow or suspend service based on consumption behavior. Server Accountability: All transactions tied to employee logins. Supervisors review purchase logs for irregularities or policy breaches. Operational Staffing 5. Operational Staffine & Supervision 5a) Minimum staB7superviscr ratios for all operating hours and special events Boucher Brothers maintains strict staffing standards to ensure smooth, safe, and high - quality operations during all operating hours and special events. Asa general guideline, we deploy a minimum of one line -level beach attendant for every 40 beach chairs that are occupied in the setup. This ratio allows us to provide attentive guest service, maintain a clean and orderly beach area, and respond quickly to any issues that may arise. In areas where food and alcoholic beverages are served, enhanced oversight is in place to ensure compliance with safety protocols and service standards. These sections are always supervised by a designated location supervisor and receive additional support from our Director of Operations, two operational facilitators, and a dedicated Food and Beverage Manager. This layered management structure guarantees that all food and beverage service is executed responsibly and efficiently, in alignment with city regulations and guest expectations. This staffing model not only renects our commitment to operational excellence, but also ensures guest satisfaction, safety, and responsible service practices throughout the day and during any special activations or events. 5b) Supervision hierarchy, incident escalation flowchart, and staff/emergency contact lists Statf/Emereenev coataet list: Bryan Sebastian, Director of Operations — Lammas Park E-mail: Bryan.Sebastian@boucherlxothcm.com Mobile: 305-975-7239 Leonard Cazeau, Director of Operations — Lummus Park E-mail: Leonard.Cazeau@boucherbrothen.com Mobile: 786-262-9416 Javier Perez, Assistant General Manager E-mail: Javier.Perez@boucherbrothem.com Mobile: 305-810-9510 Andrea Figura. General Manager E-mail: Andrea.Figura@boucherbrothers.com Mobile: 786-493-6878 Incident Escalation & Supervision Hierarchy Step by step Reporting Structure Line Level Staff First point of contact for any incident Must immediately report all incidents — regardless of size or severity — to the onsite Supervisor Supervisor Evaluates the situation Escalates the incident to the Facilitator and Food & Beverage Manager for further handling Facilitator & Food & Beverage Manager Assesses incident details and impact Ensure an Incident Report is accurately completed Submit the report to: a) Loss Prevention Director b) Human Resources Department Boucher Brothers Manager & Directors Review the severity of the incident. If the situation requires external response (e.g., injury, threat Emergency), they will a) Contact Police Department b) Notify Ocean Rescue when applicable Customer Conduct 6. Customer Conduct & Crowd Control 6(a)Plans for managing queues, seating, and ingress/egress traffic To ensure a safe, seamless, and enjoyable experience for beachgoers—and to minimize disruption to the surrounding environment —Boucher Brothers will implement the following crowd management strategy: Designated Queue Lines with Visual Markets: On high -volume days. self -standing rope stanchions and ground signage will he deployed to manage lines and prevent clustering near the concession huts. These stanchions do not require ground anchoring and will be removed at the end of each day to maintain beach integrity. Ingress/Egress Flow Mapping: Each but will have clearly designated entry and exit points to promote efficient, one-way customer Bow. Signage and positioning will ensure these points remain visible and navigable during all hours of operation. Service Staff for On -Site Delivery: To reduce the number of guests approaching the but at any given time, designated service staff will deliver beverages directly to guests at their seating destination. This model enhances the guest experience while minimizing lines, congestion. and crowd clustering near the sales hut. Integrated Beach Ambassador Roles: Operational staff assigned to each but will oversee both service delivery and general crowd awareness. While not exclusively dedicated to crowd management, they are trained to monitor guest Flow, assist as needed, and help maintain an orderly environment. 6(b)Policies for loitering, disruptive or unsafe conduct, and related logging/response Preserving a safe, respectful, and family -friendly beach environment remains a core priority. Boucher Brothers will implement the following protocols: Visible Conduct Policy Signage: Each service but will display clearly visible signage outlining the alcohol service area boundaries, applicable rules, and behavioral expectations. These notices will include language on consequences of misconduct, including refusal of service and potential involvement of law enforcement. On -Site Logging & Incident Tracking: All notable incidents will he documented through a centralized digital log accessible to site supervisors and City officials. Each entry will include: Time and date Nature of the issue Response actions taken Final resolution (e.g., refusal of service, guest removal, police involvement) Off -Duty Police Monitoring: In place of traditional security guards, Boucher Brothers will coordinate with the City to employ off -dun Miami Beach Police officers. Their presence will ensure a consistent. professional law enforcement presence to deter issues and provide immediate support in case of emergencies. Staff Training: All employees involved in beer and wine service will undergo rigorous training prior to launch, including: Alcohol service and legal compliance ID verification procedures De-escalation techniques Emergency response coordination with police or park rangers Deployment of High -Tech ID Verification Systems: To ensure strict compliance with all age restrictions, Boucher Brothers will utilize state-of- the-art ID verificaliun hardware at all sales huts. These systems are capable of scanning and authenticating government -issued IDs in real time, significantly reducing the risk of underage sales or fraudulent identification. The equipment selected will meet or exceed industry standards for speed, accuracy, and security, and will be operated by trained staff familiar with alcohol service regulations. Risk Management 7. Risk Management 7(a). Incident and claim reporting protocols for City/insurers 1) Immediate Incident Response a) Ensure Safety b) Notify Authorities c) Remove Hazards 1 I Incident Documentation a) Official Reports b) Alcohol Service Documentation 3 ) Notify Risk Management/Legal Department a) Report to Risk Management Time b) Get Legal Counsel Involvement 31 Insurer Notification and Claim Filing a) Notify the Insurer b) Reserve and Investigation 7(b). Loss prevention and proactive risk management policies Proactive Risk Management Policies Alcohol Service Policy: Responsible Service training, ID verification, refusal of service, drink limits, 0-tolerance for over serving. Security and Guest: Off Duty PD, Incident Report, Crowd Management. Emergency Procedures Staff Management: Hiring policies, Ongoing Training, Employee Substance Use Policy (Zero Tolemnce) Legal and Compliance: Licensing Compliance. Age Compliance Audits. Insurance Coverage Health and Hygiene: Cleanliness Standards, Safe Beverage Handling Community Relations: Neighbor Communication Documentation and Audits: Policy Manual, Daily Checklist. Incident Forms Programs & Benefit 8. Program & Benefit Derails 8(a) Projected alcohol sales revenue and methodology Basic excel template attached. Working with our consultant to finalize preforms 8(b) Proposed sales locations (include diagrams/maps if possible) Boucher Brothers will have available to open one freestanding beverage establishment kiosk per block from 5" Street to 14" street in Lummus Park along with an one freestanding beverage establishment kiosk on 21" street beach. Google Earth of 7" Street with Pin Drop for Alcohol location x 8(c) Types of alcohol planned for sale (categories, brands) Frozen Cocktails, Specialty cocktails. Wine (Sparkling, White, Blush, Red) Beer. 8(d) Menu (please attach as exhibit), including any excluded drinks Working with our consultant to finalize menu and pricing 8(e) Proposed hours for alcohol sales (e.g.. I I AM — 6 PM. Monday to Sunday) Proposed hours will be from I I Am to 6PM. Monday to Sunday 8(f) Details on the City's 25% revenue share (specify if based on net sales and list anticipated expenses) Proposing three tier structure so as sales increase so does the city revenue share split with Boucher Brothers. As an example, Tier I — 15%, Tier 2 — 20%, Tier 3 — 25%. Example of Net Sales.. Net Sales may be defined as, Gross Revenue less sales tax, service charge, tips, off duty police, marketing 8(g) Description of public benefit at the bandshell and whether off -duty police is included as a benefit. Bandshell to receive $10.000 a year for their 9 year extension. To be clear. Bandshel I must be awarded the extension to receive this benefit. Off Duty Police will help stop illegal vending on the beach, assist with guest issues, create a stronger daily police presence on city contracted beaches. Sand sifting in addition to what is ahwdy contractually required. 8(h) Anticipated benefits of the program for the City/public and its positive impact on the beach experience • Residents and tourists will have an elevated beach experience. • Additional police presence will help curtail crime • Additional sand sifting will help enhance public beach cleanliness • Additional source of revenue for the City of Miami Beach Resolutions - C7 K MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: July 23, 2025 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE, AT ITS JULY 16, 2025 MEETING AND APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 2 TO THE AMENDED AND RESTATED CONCESSION AGREEMENT, DATED MAY 21, 2019 ("AGREEMENT"), AMONG THE CITY, BOUCHER BROTHERS MIAMI BEACH, LLC AND BOUCHER BROTHERS MIAMI BEACH 21 & 46ST, LLC (COLLECTIVELY "CONCESSIONAIRE"), FOR THE MANAGEMENT AND OPERATION OF CERTAIN PUBLIC BEACHFRONT CONCESSION AREAS; SAID AMENDMENT AUTHORIZING A ONE (1) YEAR PILOT PROGRAM FOR THE SALE OF A SET MENU OF ALCOHOLIC BEVERAGES WITHIN THE LUMMUS PARK AND 21ST STREET BEACHFRONT CONCESSION AREAS; PROVIDED, HOWEVER, THAT THE CITY MANAGER MAY, AT ANY TIME AND IN HIS SOLE DISCRETION, SUSPEND THE ALCOHOL SALES PROGRAM FOR UP TO SIXTY (60) DAYS OR TERMINATE THE PROGRAM ENTIRELY, IN EACH CASE UPON AT LEAST TWENTY-FOUR (24) HOURS' PRIOR WRITTEN NOTICE TO THE CONCESSIONAIRE; AND FURTHER AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE THE AMENDMENT. RECOMMENDATION Memorandum to be submitted in Supplemental. BACKGROUNDIHISTORY ANALYSIS FISCAL IMPACT STATEMENT N/A Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https,//www.miamibeachfl.gov/city-hall/city- lerk/meeting-notices/ 451 of 1791 FINANCIAL INFORMATION CONCLUSION Applicable Area South Beach Is this a "Residents Right to Know" item, pursuant to City Code Section 2-17? No Is this item related to a G.O. Bond Project? No If so, specify the name of lobbyist(s) and principal(s): Department Facilities and Fleet Management Sponsors) Co-sponsor(s) Condensed Title Approve Amendment 2 to Beachfront Concession Agreement with Boucher Brothers. FF Previous Action (For City Clerk Use Only) 452 of 1791