Miami-Dade Legislative Item
File Number: 081468
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File Number: 081468 File Type: Ordinance Status: Before the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: AMEND SEC 30B-4 CONSUMPTION OF FOOD & BEVERAGE AT TRANSIT ST Introduced: 5/7/2008
Requester: NONE Cost: Final Action:
Agenda Date: 12/2/2008 Agenda Item Number: 7E
Notes: Title: ORDINANCE AMENDING SECTION 30B-4 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA ALLOWING FOR THE CONSUMPTION OF FOOD AND BEVERAGES AT TRANSIT STATION PLATFORMS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: AMENDING CODE
  FOOD AND BEVERAGE
Sponsors: Dorrin D. Rolle, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 12/2/2008 7E Amended (pending receipt of Leg. File No. from CA)
REPORT: Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. It was moved by CommissionerRolle that the foregoing proposed ordinance be adopted as amended to include language providing that recycling bins be available at each Metrorail and Metromover station that had vending machines installed. This motion was seconded by Commissioner Souto, and upon being put to a vote, passed 10-1 (Commissioners Seijas and Edmonson were absent; Commissioner Martinez voted No). The foregoing ordinance was assigned ordinance no. 08-136.

Transit Committee 11/12/2008 2C Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Bruce Libhaber read the foregoing ordinance into the record. There being no objection, the Committee considered Agenda Items 2C and 2C Supplement simultaneously. Chairman Rolle relinquished the Chair. It was moved by Commissioner Rolle that Agenda Items 2C and 2C Supplement be withdrawn. This motion was seconded by Commissioner Heyman. Commissioner Sorenson noted that when analysis regarding the foregoing ordinance was considered, the ordinance’s proposal seemed feasible. It was moved by Commissioner Rolle that Agenda Items 2C and 2C Supplement be reconsidered. This motion was seconded Heyman and upon being put to a vote, passed by a vote of 5-0. Hearing no further questions or comments, the Committee proceeded to vote on Agenda Items 2C and 2C Supplement.

County Attorney 10/17/2008 Referred Transit Committee 11/12/2008

Transit Committee 10/15/2008 2B Deferred to next committee meeting 11/12/2008 P
REPORT: Chairman Rolle noted that he requested a report regarding this resolution a while ago, but had just received it; therefore, he was requesting that the foregoing resolution be deferred. The Committee proceeded to defer the foregoing resolution to the next Committee meeting scheduled for November 12, 2008 at 2:00 p.m. Chairman Rolle expressed concern that the report had not been submitted timely.

Transit Committee 6/11/2008 1D1 Deferred P
REPORT: Assistant County Attorney Gerald Sanchez read the foregoing proposed ordinance into the record. Chairman Rolle relinquished the Chair. Chairman Rolle noted the intent of this ordinance was for Miami-Dade Transit (MDT) to determine whether the use of vending machines on transit platforms would generate revenue for MDT. The public hearing was opened by Chairman Rolle; however, it was closed after no one appeared in response to Chairman Rolle’s call for persons wishing to be heard in connection with this proposed ordinance. Commissioner Heyman expressed concern that the proposed vending machines may raise issues regarding security, maintenance, and cleanliness. She noted the vending machines should be considered, however she was in opposition to implementing operation of the machines. Mr. Harpal Kapoor noted that a pilot program involving the vending machines would be launched, and that after the operations had been evaluated, recommendations would be made regarding costs, cleaning services, security, and other issues. Commissioner Sorenson expressed concern regarding issues with cleanliness and the potential for pests as related to food and beverages on the transit platforms. It was moved by Chairman Rolle that the foregoing ordinance be amended to include language indicating that food and beverages would be permissible at six stations for a set period of time. In response to Commissioner Heyman’s request for clarification regarding her concern about food sales, 24 hour access to vending machines, and insufficient security at Metrorail Stations, Mr. Clinton Forbes, MDT Assistant to the Director, noted that the Chicago Transit Authority (CTA) was one of the largest transit authorities in the nation and had vending machines at the ground level of transit stations, but not at the platform level. He noted the CTA was pleased with profit from their machines and the Tri-Rail authorities allowed food consumption on platforms and the ground and had vending machines. Mr. Forbes noted the pilot project was an attempt to gauge effectiveness in terms of profit for the vendor. He noted efforts would not proceed if the amount of debris at transit stations increased and that in order for the vendor to effectively gauge the benefit of the machines, the project would have to run for eight months to a year. Commissioner Heyman noted she was interested in figures regarding security and inquired regarding posting security personnel. Chairman Rolle noted he would like to defer the item in order to address the concerns of his colleagues. Vice Chairwoman Jordan spoke in opposition to deferral. She indicated quarterly reports on the pilot program could be submitted. Commissioner Sorenson also spoke in opposition to deferral and in support of a one year pilot project to determine if the operation of vending machines was feasible. Commissioner Heyman stated she also wanted this ordinance to go forward, however, she was asking whether tangible statements which had been noted in today’s meeting would be provided if the ordinance went forward. There being no further questions or comments, the Committee proceeded to vote on the foregoing ordinance.

Board of County Commissioners 5/20/2008 Tentatively scheduled for a public hearing Transit Committee 6/11/2008

Board of County Commissioners 5/20/2008 4A Adopted on first reading 6/11/2008 P
REPORT: The Board adopted the foregoing proposed ordinance was adopted on first reading and scheduled the public hearing before the June 11, 2008, Transit Committee, at 2:00 p.m.

County Attorney 5/16/2008 Referred Transit Committee 6/11/2008

Transit Committee 5/14/2008 1D1 Deferred to next committee meeting P
REPORT: Assistant County Attorney Bruce Libhaber read the foregoing discussion item into the record. He noted that no action would be taken by the Committee today (5/14) and the item would be forwarded to the Board of County Commissioners for first reading for discussion only. Chairman Rolle relinquished the Chair to Vice Chairwoman Jordan. He asked that this proposed resolution be deferred pending additional information from staff. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing discussion item.

County Attorney 5/7/2008 Assigned Transit Committee 6/11/2008

County Attorney 5/7/2008 Assigned Bruce Libhaber 5/8/2008

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 30B-4 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA ALLOWING FOR THE CONSUMPTION OF FOOD AND BEVERAGES AT TRANSIT STATION PLATFORMS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 30B-4 of the Code of Miami-Dade County, Florida is hereby amended as follows
Section 30B-4. Personal activities.

* * *

(6) Drinking or eating. It shall be unlawful to eat or drink, or carry an open container of food or beverage, on any mass transit vehicle [[or station platform]].

* * *


Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.


Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.





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