97-22565 RESO
RESOLUTION NO.
97-22565
A RESOLUTION OF THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, REPEALING RESOLUTION NO. 91-20331
WHICH EXEMPTED THE CITY OF MIAMI BEACH
FROM THE PROVISIONS OF ARTICLE XIA OF
CHAPTER SA OF THE CODE OF METROPOLITAN
DADE COUNTY, WHICH ARTICLE PROVIDES FOR
COUNTY REGULATION OF KOSHER PRODUCTS
AND COUNTY ENFORCEMENT OF SAME.
WHEREAS, on June 20, 1991, the Board of County Commissioners of
Metropolitan Dade County enacted Ordinance No. 91-65, establishing Article XIA of Chapter
8A of Metropolitan Dade County, pertaining to kosher products and providing for enforcement
of those regulations by Dade County; and
WHEREAS, on July 10, 1991, Resolution No. 91-20331 was approved which
exempted the City from the provisions of Article XIA, of Chapter 8A of the Code of
Metropolitan Dade County; and
WHEREAS, the Department of Code Compliance in the last four (4) years has
not issued any Notices of Violations for violations of City Code Chapter 16, which provide for
City regulation of kosher products within the City of Miami Beach; and
WHEREAS, the Dade County Consumer Protection Agency has been successful
in enforcing the regulations that apply throughout Dade County pertaining to kosher products;
and
WHEREAS, the continued responsibility of the Department of Code Compliance
to enforce the regulations pertaining to kosher products places an undue financial burden on the
Department; and
WHEREAS, the Dade County Consumer Protection Agency has the resources
and expertise to enforce the kosher regulations on a County-wide basis; and
WHEREAS, the Mayor and City Commission deems it in the best interest of the
citizens of the City to repeal Resolution No. 91-20331, and allow Dade County Consumer
Protection Department to enforce the provisions of Article XIA of the Code of Metropolitan
Dade County within the City of Miami Beach.
NOW, THEREFORE, BE IT DUL Y RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City of
Miami Beach repeal Resolution No. 91-20331, and the City of Miami Beach is no longer exempt
from the provisions of Article XIA of Chapter 8A of the Code of Metropolitan Dade County,
which Article provides for County regulation of Kosher products and enforcement of same, and
the City Clerk is hereby directed to send certified copies of this Resolution to the Clerk of the
Board of County Commissioner of Metropolitan Dade County and the Director of the
Metropolitan Dade County Consumer Protection Department.
PASSED and ADOPTED this 21 s t day of
October
,1997.
~~ PtU~
Mayor
City Clerk
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
~~fL 1~1t~/~7
~ITY OF MIAMI BEACH
:ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
ttp:\\ci. miam i-beach. fl. us
COMMISSION MEMORANDUM NO. bgo-~]
TO:
Mayor Seymour Gelber and
Members of the City Comm' ion
DATE: October 21,1997
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
A RESOLUTI OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, REPEALING RESOLUTION
NO. 91-20331 WHICH EXEMPTED THE CITY OF MIAMI BEACH FROM
THE PROVISIONS OF ARTICLE XIA OF CHAPTER 8A OF THE CODE OF
METROPOLITAN DADE COUNTY, WHICH ARTICLE PROVIDES FOR
COUNTY REGULATION OF KOSHER PRODUCTS AND COUNTY
ENFORCEMENT OF SAME.
ADMINISTRATIVE RECOMMENDATION:
Approve the resolution.
BACKGROUND:
On July 10, 1991, the Commission exempted the City of Miami Beach from provisions of Article
XIA, of Chapter 8A of the Code of Metropolitan Dade County. That provision of the County Code
was enacted on June 20, 1991, and established county-wide regulations and enforcement procedures
pertaining to kosher products and kosher establishments, but permitted municipalities to establish
their own procedures and exempt themselves from the County ordinance. Resolution No. 91-20331
was enacted by the City of Miami Beach because at that time the City had a large number of kosher
establishments that the City felt needed special attention. In the past five years the number of kosher
establishments has been reduced by nineteen, to a current number of forty-nine establishments. This
includes establishments such as Publix, Hyde-Park, Baskin-Robbins, and Epicure.
The Department of Code Compliance has employed a full-time Code Compliance Officer during the
last thirteen years to investigate kosher related violations. However, due to a work-related injury
and sick leave, the inspector worked only twenty-six full days in 1996 and only thirty-eight full days
in 1997. Upon the return to work full time by the kosher inspector, an attempt was made to cross-
train him in an effort to increase his productivity. The failure of that attempt, plus other
considerations, led to the dismissal of the inspector.
continued.......... .
AGENDA ITEM
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DATE
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Rabbi Weberman, who has expressed an interest in enforcing kosher inspections in the City, has
been kept abreast of important developments and agrees with the proposed course of action. The
Code Compliance Department believes that the enforcement of kosher requirements would be best
made by Dade County. Dade County's ordinance is county-wide, and the Department of Consumer
Protection currently provides kosher-related enforcement for unincorporated Dade and all the
municipalities except the City of Miami Beach. Dade County's kosher enforcement procedures are
prompt and effective.
CONCLUSION:
The Administration recommends that the Mayor and City Commission approve the attached
resolution which, by repealing the City's exemption from the County ordinance, would again permit
Dade County to enforce the provisions of Article XIA. of Chapter 8A of the Code of Metropolitan
Dade County, regulating and enforcing regulations of kosher products and kosher establishments.
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