Refer the matter to the Marine and Waterfront Protection Authority and Finance and Citywide Projects Committee the for discussion.
BACKGROUND
On January 31, 2001, the Mayor and City Commission adopted Resolution No. 2001-24251, approving a First Amendment to the Rules and Regulations for Beachfront Concession Operations, among other things, prohibiting the cooking and/or heating of food (i.e. food trailers) on the beachfront effective October 1, 2001.
On September 5, 2001, the Mayor and City Commission adopted Resolution No. 2001-24571, approving the Second Amended and Restated Rules and Regulations for Beachfront Concession Operations, among other things, prohibiting beachfront cooking and heating, except for existing cooking and heating facilities at their existing locations.
On January 30, 2002, the Mayor and City Commission adopted Resolution No. 2002-24736, directing the administration to proceed with amending the Second Amended and Restated Rules and Regulations for Beachfront Concession Operations regarding several issues.
On March 17, 2003, the Second Amended and Restated Rules and Regulations for Beachfront Concession Operations were amended and known as the Consolidated Second Amended and Restated Rules and Regulations for Beachfront Concession Operations (“2003 Rules and Regulations”).
As stated in Paragraph 16 of the 2003 Rules and Regulations:
Any cooking and heating facilities which were authorized and licensed as of September 5, 2001, shall be permitted to remain for a period not to exceed the normal life expectancy (from manufacture date) of a facility located daily on an oceanfront beach, as determined by the manufacturer, following the City Commission’s approval of future design standards for all beachfront concession facilities. The design standards approved by the City Commission shall be incorporated by adoption into these Rules and Regulations. Thereafter, all Upland Owner Concessionaires shall be required to comply with the design standards, as adopted by the City Commission and incorporated herein.
At that time, five (5) food trailers met the requirements to remain on the beachfront. Since it was difficult to ascertain the “normal life expectancy” of a food trailer, or even the manufacturer’s date, the food trailers continued to operate on the beach as a result of continued repairs, replacement and/or upgrades of various components of the trailers. This practice circumvented the intention of the City Commission when the above stipulation was adopted as part of the 2003 Rules and Regulations.
On May 11, 2016, the Mayor and City Commission adopted Resolution No. 2016-29403 approving the Third Amended and Restated Rules and Regulations for Beachfront Concession Operations (“2016 Rules and Regulations”) which are currently in effect. As part of the 2016 Rules and Regulations, as all five (5) food trailers were still operating on the beachfront, well beyond the timeframe anticipated in 2003, the City Commission decided to implement a hard deadline, while at the same time providing ample notice to the food truck operators.
Accordingly, as stated in Paragraph 6(c) of the 2016 Rules and Regulations:
Cooking and heating Concession Facilities will only be permitted at those locations: (1) where cooking and heating Concession Facilities activities have been continuously engaged in pursuant to a valid Business Tax Receipt from the City issued on or before September 5, 2001 and (2) the same Concessionaire has continued to possess a valid Business Tax Receipt for each year thereafter. Any cooking and heating Concession Facilities which were authorized and licensed as of September 5, 2001, shall be permitted to remain for a period not to exceed the normal life expectancy (from manufacture date) of a facility located daily on an oceanfront beach, as determined by the manufacturer, or two (2) years after the adoption of the 2016 Rules and Regulations, whichever comes first.
Based on the foregoing, cooking and heating Concession Facilities (i.e. food trailers) are not permitted to operate on the beachfront beyond May 11, 2018.
Resolution No. 2016-29403 also adopted the recommendation of the Neighborhood/Community Affairs Committee that the existing food trailers to be eliminated in two (2) years following the adoption of the Revised Rules and Regulations be replaced with a beachwide food trailer program to be procured with a Request for Proposals (RFP).