Miami-Dade Legislative Item
File Number: 191421
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File Number: 191421 File Type: Ordinance Status: Before the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: MIA FOOD AND BEVERAGE CONCESSION SOLICITATION OF TIPS Introduced: 5/22/2019
Requester: NONE Cost: Final Action:
Agenda Date: 6/4/2019 Agenda Item Number: 7D
Notes: SEE 191689 FOR FINAL VERSION AS ADOPTED. ALSO SEE 190966 Title: ORDINANCE RELATING TO SOLICITATION OF TIPS AT MIAMI INTERNATIONAL AIRPORT; AMENDING SECTION 25-3.8 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AUTHORIZING FOOD AND BEVERAGE CONCESSIONS TO SOLICIT TIPS AT MIAMI INTERNATIONAL AIRPORT, PROVIDED THAT CONCESSIONAIRES PROVIDE CONSPICUOUS NOTICE TO CUSTOMERS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 190966]
Indexes: MIAMI INTERNATIONAL AIRPORT
  TIPPING POLICIES
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Esteban L. Bovo, Jr., Co-Sponsor
  Daniella Levine Cava, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Eileen Higgins, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Jean Monestime, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
  Rebeca Sosa, Co-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 6/4/2019 7D Amended
REPORT: SEE LEGISLATIVE FILE NO. 191689 FOR AMENDED VERSION.

County Attorney 5/22/2019 Assigned David M. Murray

Tourism and the Ports Committee 5/15/2019 1G1 AMENDED Forwarded to BCC with a favorable recommendation with committee amendments following public hearing P
REPORT: Chairwoman Sosa opened the public hearing, and the following persons appeared before the Committee and spoke in favor of the foregoing proposed ordinance: - Ms. Wendi Walsh, 152 NE 89th Street, El Portal, representing Unite Here, an organization that represented the concessionaires at the Miami International Airport; She requested the language in the item be amended because it excluded free standing bars and bartenders; and servers waiting on tables that have computerized payment methods. - Mr. Carlos Caballero, 4803 NW 7th Street, Miami - Mr. Daniel Werner 2900 Bird Avenue, Miami There being no other persons wishing to speak on the foregoing item, Chairwoman Sosa closed the public hearing. Commissioner Bovo arrived. Commissioner Diaz explained the language in the foregoing proposed ordinance was intended for any level of servers; however, if the language was limited specific servers could result in other service groups coming forth. In response to Commissioner Diaz’ question regarding the defined language of the item including across- the-board, Assistant County Attorney David Murray advised the foregoing ordinance addressed workers within the restaurant industry, which did not facially apply to workers in any other service industry within the airport. He also advised in order to define the language as requested; a separate piece of legislation would be required. Commissioner Diaz noted he would explore a separate piece of legislation. Discussion ensued between Chairwoman Sosa and Commissioner Diaz regarding the amended language to the foregoing proposed ordinance related to the food and beverage concessions and tips at Miami International Airport (MIA). Commissioner Diaz accepted the recommended amendment to the foregoing proposed ordinance, but noted the separate piece of legislation would include services, such as baggage. Assistant County Attorney Murray advised the differentiation in the language was accurate; noting the language of the foregoing item could be amended to include bartenders and other employees serving drinks in a restaurant. Commissioner Diaz noted he would come back with a separate legislation regarding other services at MIA. It was moved by Commissioner Monestime that the foregoing proposed item be forwarded to the BCC with a favorable recommendation. This motion was seconded by Commissioner Sosa, followed by a discussion. Assistant County Attorney Murray advised that the amended language of the foregoing proposed ordinance would read as follows in the last sentence of the item: …automatic gratuities would include all tables and bar services when a server or bartender serves a customer. Commissioners Jordan, Sosa and Bovo requested to cosponsor the foregoing proposed ordinance. In response to comments made by Commissioner Jordan as to why legislation had to be created when the item was for food and beverages, Assistant County Attorney Murray noted the foregoing item was intended to exclude bartenders and the issue was a matter for clarification and to assure the item would not come back questionable. Discussion ensued between Commissioner Jordan and Assistant County Attorney Murray regarding the language in the foregoing item that did not exclude bartenders. Hearing no further questions or comments the Committee proceeded to vote to forward the foregoing proposed ordinance to the Board of County Commissioners with a favorable recommendation, as amended, followed by the public hearing.

Legislative Text


TITLE
ORDINANCE RELATING TO SOLICITATION OF TIPS AT MIAMI INTERNATIONAL AIRPORT; AMENDING SECTION 25-3.8 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AUTHORIZING FOOD AND BEVERAGE CONCESSIONS TO SOLICIT TIPS AT MIAMI INTERNATIONAL AIRPORT, PROVIDED THAT CONCESSIONAIRES PROVIDE CONSPICUOUS NOTICE TO CUSTOMERS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 190966]

BODY
WHEREAS, the minimum wage in the State of Florida is $8.46 per hour, effective January 1, 2019; and
WHEREAS, because the Florida minimum wage is higher than the federal minimum wage, employees are entitled to earn at least the Florida minimum wage per hour; and
WHEREAS, under federal law and in most states, employers may pay tipped employees less than the minimum wage, as long as employees earn enough in tips to make up the difference; and
WHEREAS, the tip credit is $3.02 an hour, which means Florida employers may pay tipped employees as little as $5.44 an hour as of January 1, 2019; and
WHEREAS, numerous individuals employed as servers and waitstaff at Miami International Airport depend on tips to supplement their hourly wage; and
WHEREAS, chapter 25-3.8, Code of Miami-Dade County, prohibits waitstaff and servers who are authorized to accept tips from soliciting tips or soliciting a specific amount of a tip; and
WHEREAS, many foreign travelers making use of MIA do not tip, as tipping for table service is not common in their home culture; and
WHEREAS, to induce tipping, some concessions at MIA include a suggested gratuity with their bills; and
WHEREAS, such a practice leads to greater tips to local waitstaff and servers, but is not authorized by the County Code; and
WHEREAS, waitstaff and servers at MIA should be able to depend on tips to support themselves; and
WHEREAS, the traveling public should be put on notice that suggested gratuity will be included in a bill,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The above recitals are incorporated herein as findings.
Section 2. Section 25-3.8 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
25-3.8 Tipping.

>>Except as authorized herein,<< no person authorized to accept tips for services performed at the Airport shall solicit a tip, or a specific amount of tip, nor harass, insult or display any form of rudeness to the person for whom the service is being performed. >>A concessionaire operating a table service food and beverage concession may include a suggested tip or gratuity of up to 18 percent of the total food and beverage sale in a bill presented to a customer, provided that such concessionaire provides written notice of such suggested gratuity on both the menu and the bill presented to the customer, both in a conspicuous typeface. The notice on the menu and the bill shall specify the percentage of the gratuity, and shall inform the customer as to how such gratuity can be removed or altered at the customerís discretion. A point of sale device used by a concessionaire at which a customer swipes or inserts a credit card may display options for suggested gratuity, so long as the customer retains the ability to raise, lower, or omit the gratuity at the customerís discretion prior to completion of the sale. Nothing herein shall allow the concessionaire to impose a mandatory gratuity, and the concessionaire shall allow a customer at all times the ability to raise, lower, or omit the payment of a gratuity. For purposes of this section, table service includes all table or bar service restaurants where a server or bartender serves a customer.<< [[occurs where waitstaff or a server takes a customerís order at a table, and where food is delivered to the customer by waitstaff or a server at the same table.]]

Section 3. 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 4. 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 5. 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.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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