A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2022-32205 (WHICH AUTHORIZED THE CITY MANAGER TO ENTER INTO CONCESSIONAIRE AGREEMENTS WITH SELECTED RESTAURANTEURS TO PROVIDE OUTDOOR FOOD AND BEVERAGE SERVICE ON CITY RIGHTS-OF-WAY), TO AUTHORIZE THE CITY MANAGER, AT HER SOLE DISCRETION, TO AMEND PARAGRAPH EIGHTY-SIX (86) OF THE APPROVED TEMPLATE CONCESSION AGREEMENT ("SMOKING"), WITHOUT FURTHER CITY COMMISSION APPROVAL, IN AGREEMENTS FOR EXISTING LINCOLN ROAD RESTAURANTEURS THAT OFFERED HOOKAH PRODUCTS AT THEIR SIDEWALK CAFES ON SEPTEMBER 30, 2022, IN ORDER TO PHASE-OUT THE USE OF HOOKAHS WITHIN A PERIOD OF THREE YEARS, CONTINGENT UPON THE AGREEMENT OF THE RESTAURANTEUR TO GRADUALLY PHASE OUT HOOKAH OFFERINGS OVER THE THREE-YEAR PERIOD AND TO EXECUTE A GENERAL RELEASE AND COVENANT NOT TO SUE THE CITY DURING OR FOLLOWING THE PHASE-OUT PERIOD.

Pursuant to the request of Commissioner Alex Fernandez, the above-referenced Resolution is submitted for consideration by the Mayor and City Commission at the February 1, 2023 City Commission meeting.