§ 8-55.4. Food and non-alcoholic beverage service.  


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  • Notwithstanding anything in the Code of Ordinances or the parks and recreation rules and regulations to the contrary, a program is hereby created to provide for food and non-alcoholic beverage service on portions of the beach more specifically described as:

    All that portion of land lying south of the north line of Section 6, Township 50 South, Range 43 East, and north of the south line of Tract 39 "Bahia Mar", according to the plat thereof recorded in Plat Book 35, page 39, of the public records of Broward County, Florida, lying east of State Road A-1-A and lying west of the Atlantic Ocean.

    Less and except:

    The south nine hundred seventy-nine (979.0) feet, as measured at right angles, of the north one thousand five hundred fifty-one and one-half (1,551.5) feet of said Section 6, lying east of State Road A-1-A and lying west of the Atlantic Ocean.

    Said lands situate, lying and being in the City of Fort Lauderdale, Broward County, Florida.

    (a)

    Permit.

    (1)

    It shall be unlawful to provide food and non-alcoholic beverage service on portions of the beach described above without a permit.

    (2)

    A permit to provide food and non-alcoholic beverage service will be issued to service providers in accordance with the requirements set forth in this section.

    (3)

    In order to limit the impact of vehicular traffic and parking on the beach, no motorized vehicles shall be used in the delivery of food and beverages. Therefore, in order to participate in the program, applicants must be located within one-eighth ( 1/8 ) of a mile (six hundred sixty (660) feet) of a lifeguard stand in the area of the beach described above.

    (4)

    All applicants must be properly licensed by the State of Florida Department of Business and Professional Regulation Division of Hotel and Restaurants or such applicable successor agency, for food service and delivery.

    (b)

    Administration. The department of sustainable development shall be responsible for the administration and issuance of permits pursuant to the program.

    (c)

    Requirements.

    (1)

    Each permit holder shall be required to pay a one thousand dollar ($1,000.00) annual fee.

    (2)

    All service providers shall wear uniforms and name tags that identify the permit holder they are representing as more specifically set forth in the city's permit application.

    (3)

    All permit holders shall use standard recycled food and beverage containers, cutlery and condiments that identifies where the order originated as more specifically set forth in the city's permit application.

    (4)

    All permit holders shall have consistent service hours daily as detailed in the permit application.

    (5)

    All permit holders shall be responsible for continuous cleanup of trash generated as a result of their service.

    (6)

    Each permit holder shall furnish the city with insurance naming the city as an additional insured in an amount more specifically set forth in the permit application and as approved by the city's risk manager.

    (7)

    Each permit holder will provide the city with an indemnification and hold harmless release of the city and its authorized agents and employees from and against any and all claims and costs arising out of or related to the permit holder's activities, as more specifically set forth in the permit application.

    (8)

    Each permit holder will be required to comply with all applicable federal, state and local laws.

    (d)

    Temporary suspension. In the event the portion of the beach described herein will be used for an approved special event, maintenance or repairs, the city may temporarily suspend permit holder's services during such time period upon prior written notice to permit holder. Upon the issuance of a severe storm, tropical storm or hurricane warning by the National Weather Service, the city may suspend permit holder's services without any prior written notice.

    (e)

    Penalties; permit revocation. The city shall have the right to deny, suspend or revoke the permit for noncompliance with any of the requirements of this section. Permit holders shall be required to correct any failure to comply with any provisions of the permit after notice by the city and the city shall have the option to suspend or revoke the permit for failure to comply after written notice. Permit holders whose permit is revoked for any reason shall not be eligible to reapply for a new permit. If a permit holder or applicant continues to provide services pursuant to this section after notice of denial, suspension or revocation of the permit, they may be subject to the penalties in section 1-6 of this Code. Each day the violation exists shall constitute a separate violation under this article and shall be punishable as such.

( Ord. No. C-15-18, § 2, 6-2-15 )

Editor's note

Effective Sept. 8, 2015