A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE SUSTAINABILITY AND RESILIENCY COMMITTEE, AND AMENDING THE RULES AND REGULATIONS FOR BEACHFRONT CONCESSION OPERATIONS, BY REQUIRING ALL BEACHFRONT CONCESSIONAIRES AND THEIR THIRD PARTY CONCESSION OPERATORS TO UTILIZE 100% REUSABLE WARES IN CONNECTION WITH THEIR BEACHFRONT CONCESSION OPERATIONS; AND APPROVING THE FIFTH AMENDED AND RESTATED RULES AND REGULATIONS FOR BEACHFRONT CONCESSION OPERATIONS, INCORPORATING THIS AMENDMENT, WITH AN EFFECTIVE DATE OF OCTOBER 16, 2020; AND FURTHER AUTHORIZING THE ADMINISTRATION TO SUBMIT THE PROPOSED RULES AND REGULATIONS TO THE STATE OF FLORIDA FOR APPROVAL PRIOR TO IMPLEMENTATION; PROVIDED, HOWEVER, THAT SHOULD THE STATE MAKE MATERIAL CHANGES TO THE PROPOSED FORM OF THE RULES AND REGULATIONS, THE ADMINISTRATION WILL RESUBMIT THE RULES AND REGULATIONS TO THE CITY COMMISSION FOR APPROVAL.

The Administration recommends that the Mayor and City Commission accept the attached resolution and fifth amendment to the Rules and Regulations for Beachfront Concession Operations.

On September 12, 2018, the Mayor and City Commission adopted Resolution No. 2018-30457, approving the fourth amended and Restated Rules and Regulations, to permit the utilization of mobile cooking/heating concession facilities, for a fee of $10,000 per month, as part of the beachfront concession agreements issued annually to the upland property owners. Furthermore, on the same date, the Mayor and City Commission adopted Resolution No. 2018-30456, approving an amendment to the Rules and Regulations, to require all upland owner concessionaires and their third party concession operators to utilize 100% reusable wares in connection with their beachfront concession operations, including the delivery, service, and consumption of food and beverages (F&B); provided that said amendment be referred to the Sustainability and Resiliency Committee, for discussion and comment, prior to final approval by the City Commission.

On April 23, 2019, the Sustainability and Resiliency Committee passed a motion to amend the terms of the Rules and Regulations for beachfront concession operations to require concessionaires and their operators to utilize 100% reusable products, after the expiration of a one-year educational period, commencing in October 2019, with full implementation in October 2020. 

In the formulation of this amendment, the Administration has solicited input from upland owners, beachfront concessionaires, and representatives from Miami-Dade County beach operations. As an environmental leader among local governments in the State of Florida, the goal of the city is to replace single-use plastics with reusable, recyclable, or compostable alternatives whenever possible. Single-use plastic is neither readily recyclable nor biodegradable and takes hundreds to thousands of years to degrade in the environment. This amendment will support the city’s efforts to reduce litter, by reducing discarded single-use plastic containers and wares that contribute to overburdened landfills, threaten wildlife and marine life, and degrade and litter our beaches.

The Administration recommends that the Mayor and City Commission accept the attached resolution and fifth amendment to the Rules and Regulations for Beachfront Concession Operations.