2007-3585 OrdinanceORDINANCE NO. 2007-3585
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 82 OF THE MIAMI
BEACH CITY CODE, ENTITLED "PUBLIC PROPERTY,"
BY AMENDING ARTICLE I, ENTITLED "IN GENERAL,"
BY AMENDING SECTION 82-4 - 82-5, ENTITLED
"RESERVED," BY AMENDING SECTION 82-4 TO
PROHIBIT FOODS CONTAINING ARTIFICIAL TRANS
FAT IN VENDING MACHINES ON CITY PROPERTIES
THAT ARE NOT SUBJECT TO A CITY MANAGEMENT
AGREEMENT; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, trans fat is an artificial fat produced when vegetable oil is converted into
semi-solid fat, a/k/a hydrogenated or partially hydrogenated vegetable oil; and
WHEREAS, it has been scientifically determined that most dietary fat is found in
partially hydrogenated vegetable oil, which is oil that has been chemically modified; and
WHEREAS, scientific evidence demonstrates a clear association between increased trans
fat intake and the risk of coronary heart disease; and
WHEREAS, given the scientific consensus on the relationship between trans fat intake
and heart disease, the new Federal Dietary Guidelines recommend that trans fat intake be kept as
low as possible; and
WHEREAS, a significant source of dietary trans fat comes from foods purchased in
vending machines; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach find that
foods containing trans fat pose a threat to the public health and welfare and, therefore, do not
condone the sale of such foods in vending machines on City properties that are not subject to
City management agreements.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Section 82-4 of Chapter 82 of the Miami Beach City Code is hereby amended as follows:
CHAPTER 82.
PUBLIC PROPERTY
Article I. In General.
:~
Sec. 82-4. Foods containing trans fat prohibited in vending machines on city property.
Foods containing artificial trans fat are prohibited in any food dispensing machine located on
city property, provided that the vending machine is not located in a facility that is subject to a
cit~gement agreement.
Vendors shall not store, distribute, stock, or sell any foods containing artificial trans fat in
any vending machine located on city property provided that the vending machine is not
located in a facility that is subject to a city management agreement. Any city concession
agreement entered into prior to the effective date of this section shall not be subject to the
requirements of this section, unless the concessionaire voluntarily agrees thereto
A food shall be deemed to contain artificial trans fat if the food is labeled as such contains a
list of ingredients that contains vegetable shortening margarine or any kind of partially
hydrogenated vegetable oil, except that if the nutrition facts label lists the trans fat content of
the food as less than .OS grams per serving it shall not be deemed to contain artificial trans
fat.
Sec. 82-5 - 82-35. Reserved.
2
SECTION 2. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. Severability.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. Codification.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" maybe changed to "section,"
"article," or other appropriate word.
SECTION 5. Effective Date.
This Ordinance shall take effect the 22nd day of December , 2007.
PASSED and ADOPTED this 12thday of December , 2007.
ATTEST:
~~ ~~~ ~~
CITY CLERK
Robert Parcher
F:\atto\TURN\ORDINANC\Trans Fat.doc
MAYO
Matti H. Bower
^PPROVED,gg TO
FORM & LANGUaC;E
~ FOR EXECUTION
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m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: MAYOR MATTI HERRERA BOWER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JORGE M. GONZALEZ
FROM: CITY ATTORNEY JOSE SMITH ~ '~
__g, SECOND READING
DATE: DECEMBER 12, 2007 PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 82 OF THE MIAMI BEACH CITY CODE,
ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE
I, ENTITLED "IN GENERAL," BY AMENDING SECTION 82-4
- 82-5, ENTITLED "RESERVED," BY AMENDING SECTION
82-4 TO PROHIBIT FOODS CONTAINING ARTIFICIAL
TRANS FAT IN VENDING MACHINES ON CITY
PROPERTIES THAT ARE NOT SUBJECT TO A CITY
MANAGEMENT AGREEMENT; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
Pursuant to the request of Commissioner Richard L. Steinberg, the Legal Department has
worked with the Administration to develop the above-referenced Ordinance and has
incorporated changes to the Ordinance that were approved on First Reading on October
17, 2007.
The attached Ordinance is in proper form and is submitted for consideration by the Mayor
and City Commission for Second Reading.
F:\atto\TURN\COMMMEMO\trans fat - 12-12-07.doc
Agenda Item ~Q$-~
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`~ CI~1( OF MIAMI BEACH
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NOTICE OF PUBLIC HEARING
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NOTICE IS HEREBY given that a second reading and public hearings will be held by the Mayor and City Commission of the Cit; ut
Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Flonda. on
Wednesday, December 12, 2007, to consider the following:
10:20 a.m.
An Ortlinance Amending Chapter 2 Of The Code Ot The City Of Miami Beach, Florida, Entitled "Administration," By Amendinq
- Article III Thereof, Enttled "Agencies, Boards And Committees," By Amending Division 6 Thereof, Entitled "Guttural Arts Council,"
By Amending Section 2-58; And Creating New Sections 2-58(A) And 2-58(B); Said Amendments Related To Assigning The Powers
_ And Duties Of The Community Benefit Fund To The Miami Beach Guttural Arts Council.
Inquiries may be directed to the Tourism and Cultural Development at (305) 673-7577. -
uc
"' 10:20 a.m.
x
- An Ordinance Amending Chapter 2 of the Code of the City Of Miami Beach, Florida, Entitled "Administration," By Amending Article
a III Thereof, Entitled "Agencies, Boards And Committees," By Amending Division 5 Thereof, Entitled "Convention Center Advisory
f Board," By Amending Sections 2-46(B) And 2-46(C)(1) And 2-46(C)(9) And 2-46(F); Said Amendments Related To Removing The
_ Jackie Gleason Theater Of Performing Arts (Now The "The Filmore Miami Beach At The Jackie Gleason Theater") From The Powers
~- And Duties Of The Board And, Further, Removing The Powers And Duties Of The Community Benefit Fund From The Powers And
--- Duties Of The Convention Center Advisory Board.
Inquiries may be directed to the Tourism and Cultural Development at (305) 673-7577.
L
a ' 10:30 a.m.
? An Ordinance Amending Chapter 82 Of The Miami Beach City Code, Entitled "Public Property," By Amending Article I, Entitled "In
E General,"By Amending Section 82-4 - 82-5, Entitled "Reserved," By Amending Section 82-4 To Prohibit Foods Containing Artificial
° Trans Fat In Vending Machines On City Property And In Concession Facilities Subject To Concession Or Management Agreements
~ With The City.
Inquiries may be directed to the Legal Department at (305) 673-7470.
E
10:31 a.m.
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106, "Traffic And Vehicles" Article II,
"Metered Parking" By Amending Sections 106-55, "Parking Rates, Fees, And Penalties; Creating A New Subsection (N) Therein
m Entitled "Hybrid/ILEV (Inherently Low Emissions Vehicles) Vehicles Incentives.
F
Inquiries maybe directed to the Parking Department at (305) 673-7275.
10:35 a.m.
An Ordinance Amending Sections 18-901-18-910, Entitled Street Performers And Art Vendors; Authorizing Street Performers And
Artist Vendors To Use Portable Tables On Ocean Drive Following Receipt Of A Permit Subject To Certain Conditions And Permit
Fees; Prohibiting Spray Painting And Airbrushing; Providing Definitions, Setting Forth Terms, Conditions And Regulations For
Permits Issued To Street Vendors Pertormers And Artist Vendors; Providing For Enforcement, Suspension Or Revocation.
Inquiries may be directed to the Neighborhood Services Department at (305) 673-7077.
10:40 a.m.
An Ordinance Deleting The Language In Sections 82-366 Through 82-388 (The City's Sidewalk Cafe Ordinance) In tts Entirety, And ,
Replacing It With New Language In Said Sections 82-366 Through 82-385, Adopting And Incorporating The City's New Sidewalk i
Cafe Ordinance.
Inquiries may be directed to the Public Works Department at (305) 673-7080.
11:00 a.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142,
"Zoning Districts And Regulations," Article II, "District Regulations," By Amending Division 3, "Residential Muhiiamily Districts."
By Amending Subdivision V, "RM-3 Residential Mutt'rfamily High Intensity," To Modify The Maximum Building Height Requirements
For Oceanfront Properties Located In Historic Districts.
Inquiries may be directed to the Planning Department at (305) 673-7550.
11:00 a.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142.
"Zoning Districts And Regulations," Article II, "District Regulations," By Amending Division 3, "Residential Mult'rfamily Districts,"
By Amending Subdivision V, "RM-3 Residendial Muttifamiry High Intensity," To Modify The Maximum Building Height Requirements
' For Properties Located In The Architectural District.
Inquiries may be directed to the Planning Department at (305) 673-7550.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing
addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, C'dy Hall, Miami Beach, Florida
33139. Copies of these ordinances are available for public inspection during normal business hours in the Ciiy Clerk's Office,
1700 Convention Center Drive, 1st Floor, City Hall, and' Miami Beach, Florida 33139. This meeting may be continued and under
such circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: rf a person decides to appeal any decision made
by the City Commission with respect to any matter considered at Rs meeting or its hearing, such person must ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to he
based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant
evidence, nor does lt authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language Interpreters, irdormation on access for persons with disabilities, and/
or any accommodation to review any document or participate In any cHy-sponsored proceeding, please contact (305) 604.2489
Adoic~), (3(305)673-7218(iTY) five days In advance to initiate your request. TTY users may also call 711 (Florida Relay Service).
~ MIAMI BE
ACH