& Companion Fee Resolution Mayor Leon Skip Beeler and Members of the City Commission

CITY COMMISSION BRIEFING For Meeting Scheduled for February 2, 2012 City Code Amendment Amending Regulations and Processes for Sales & Concessions on the Ocean Beach Ordinance 1542 & Companion Fee Resolution 2012-04 TO: FROM: THRU: RE: Mayor Leon Skip Beeler and Members of the City Commission Anthony Caravella, AICP, Director of Development Services Chuck Billias, City Manager Proposed Ordinance 1542, amending regulations regarding commercial sales and operations on the Ocean Beach and creating a means and procedure to secure beach concession and other commercial sales and operations on the Ocean Beach SECOND READING AND FINAL ACTION ; and, FINAL ACTION on Companion Fee Resolution No. 2012-04 DATE: January 23, 2012 Background/General Information and Introduction The City Attorney s office has identified that a procedure to secure beach concession and other commercial sales and operations on the Ocean Beach needs to be codified in the City Code. City Code Section 15-39 Certain sales and leases along Atlantic Ocean beach are prohibited; punishment for violations, presently regulates commercial operations on the ocean beach. The City has also approved franchises/concessions for commercial operations under the existing provision of the City Code. These existing franchises/concessions are: Beach Rentals of Cocoa Beach, Inc. (Dillon) beach equipment rental Ronald Rosenberry beach equipment rental Coconuts business extending beyond seawall line into B-1 zoning area Cocoa Beach Pier business extending beyond seawall line into B-1 zoning area K:\userdata\SHARED\Building Department\ORDIN\Beach-Sales and Solicitation (2011)\CCxfr Ord 1542 - Beach Sales and Concessions (2-2- 2012).docx

Briefing Memorandum to: Mayor Leon Skip Beeler and Members of the City Commission Re: Ordinance 1542 Amending City Code Section 15-39 Beach Concessions & Resolution No. 2012-04, Setting Fees for Ocean Concessions Date: January 23, 2012 for Commission Meeting on February 2, 2012 Page 2 Companion to this Ordinance is Resolution No. 2012-04, setting fees related to the administration of the franchise applications and possibly setting rates and fees for concession operations on the Ocean Beach and east to the City s municipal boundaries. Initial thoughts on these fees are: Application fee $250.00 (waive for existing upland operators) Required Insurance Liability Coverage $1,000,000.00 For Concessions abutting and associated with privately owned property, the Annual Concession Fee Rates for Sales and Lease of beach equipment, and beach related sundries Minimum Fee of $1,000.00 per year, and a Maximum Fee of $10.00 per linear feet of beach/ocean frontage (measured parallel along the waterline) area being served, or as set at the time of concession approval award by Resolution of the City Commission. For Concessions abutting and associated with privately owned property, the Annual Concession Fee Rates for Sales and Service for Food and Alcoholic Beverages Minimum Fee of $5,000.00 per year, and a Maximum Fee of $50.00 per linear feet of beach area/ocean frontage (measured parallel along the waterline) being served, or as set at the time of concession approval by Resolution of the City Commission. For Concessions abutting and associated with publically owned property twice the rate for concessions abutting and associated with privately owned property. Charge for background screening As set forth in the Concession Agreement. City Commission review to date: December 1, 2011: At their meeting held on December 1, 2011, the City Commission reviewed this draft ordinance and voted to continue discussion on the ordinance at this January 5, 2012 meeting prior to setting the ordinance for public hearing. At the December 1 st meeting, the City Commission discussed and/or requested clarification on the following, with details identified in the briefing for the January 5, 2012 meeting: Line 81, Page 2 Discussion regarding the area regulated under this ordinance, i.e., definition of Sea Dune Area, Ocean Beach, and eastern extent of the City s municipal boundaries. There was some discussion on the number of beach concession operators or vendors. Beyond the four identified in the Background information above, City staff has identified approximately ten (10) vendors who set up on the Ocean Beach and have upland business tax receipts mostly at the area hotels. Line 130, Page 3 Discussion regarding The concessionaire and all employees shall be subject to a background screening.

Briefing Memorandum to: Mayor Leon Skip Beeler and Members of the City Commission Re: Ordinance 1542 Amending City Code Section 15-39 Beach Concessions & Resolution No. 2012-04, Setting Fees for Ocean Concessions Date: January 23, 2012 for Commission Meeting on February 2, 2012 Page 3 There has been discussion regarding ownership of the Ocean Beach. In Cocoa Beach, an erosion control line has been established by Resolution of the Florida Board of Trustees of Internal Improvement Fund. This erosion control line is recorded on the public records of Brevard County at O.R. Book 4242, Page 492, and Survey Book 8, Pages 38-56. This erosion control line is approximately 125 feet east of the 1981 Coastal Construction Control Line (CCCL), or approximately 25 feet east of the dune area. January 5, 2012: At their meeting held on January 5, 2012, the City Commission reviewed this draft ordinance and read the ordinance on first reading and set the ordinance for public hearing. Discussion and direction of the Commission at that meeting is summarized in a copy of the draft minutes of the meeting presented as Attachment C. The City Attorney has revised the ordinance based on the Commission discussion and direction, and these changes are presented in aqua highlight on the proposed Ordinance presented as Attachment A. The changes reflect: Line 220 Time limit for applicant to reapply for a concession agreement. Line 223 Length of term for a concession agreement. Line 236 Exemption for an existing franchise which abuts a City park or a City controlled right of way to meet the companion upland business tax receipt on private property requirement. NOTE: Staff has added language (yellow highlight) to the City Attorney draft which specifies that only those concessions which abuts a City park or a City controlled right of way are excluded from the upland private property requirement. 1 Line 241 Exempting instructional services from needing a concession agreement. NOTE: Staff has added language (yellow highlight) to the City Attorney draft which authorizes the City Manager to set conditions or restrictions to such instructional exemption, just in case an instructional use claims total immunity from any conditions for use of the public beach. 1 NOTE: Staff (Development Services) recommends the ordinance enable the City to authorize franchises abutting or extending from City or County or State held lands, including abutting rights of way. The City can do that in a later code amendment or just interpret that whoever controls the abutting land (in this case the public) can authorize a franchise extending from the upland just as if that public controlled land was privately held.

THE FOLLOWING SEVEN (7) PAGES ARE: ATTACHMENT A Ordinance 1542 City Code of Ordinances Revision Amending Section 15-39 regarding Sales and Leases on the Ocean Beach City Commission Briefing 2/2/2012 meeting Ordinance No. 1542 (City Code Section 15-39, Ocean Beach Concessions)

DRAFT revised January 23, 2012 (Changes from December 28, 2011 draft, and per City Commission 1/5/2012 meeting accented in aqua highlight and staff edit and recommendations in yellow highlight) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ORDINANCE NO. 1542 AN ORDINANCE OF THE CITY OF COCOA BEACH, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF COCOA BEACH, FLORIDA BY AMENDING CITY CODE SECTION 15-39 CERTAIN SALES AND LEASES ALONG ATLANTIC OCEAN BEACH AREA PROHIBITED; PUNISHMENT FOR VIOLATIONS FOR THE PURPOSE OF CLARIFYING THE PURPOSE OF AN PROCEDURE TO SECURE EXCEPTIONS; ESTABLISHING A PROCEDURE FOR OBTAINING A CONCESSION AGREEMENT FOR COMMERCIAL ACTIVITY ON THE OCEAN BEACH AND DUNE AREA; PROVIDING FOR INCORPORATION OF RECITALS, SEVERABILITY, INTERPRETATION, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Cocoa Beach has identified that a means to provide a procedure to secure beach concession needs to be provided under the present Code provisions regulating commercial sales and operations on the Ocean Beach, and regulations are necessary to support and implement provisions of the Preamble of the City Charter specifically to further the interest of all citizens of Cocoa Beach in the establishment of a low-density residential and family-oriented resort community with paramount consideration given to the health, safety, and welfare, comfort, and quality of life for all citizens ; and, WHEREAS, the purpose of these beach concession agreements is to reasonably permit the solicitation and immediate sale or rental of certain goods and services which serve a public need, as determined by the city commission, directly on the ocean beach and are not themselves a nuisance or detriment, without unreasonably interfering with the flow, recreation, enjoyment and privacy of persons otherwise upon the sand beach areas; and, WHEREAS, proper regulation of public beach is important for the quality of life, safety and health of the City; and, WHEREAS, the City Commission has determined that the cost and expense of maintaining the beach and preserving beach safety is a substantial cost to the City, it is appropriate that a portion of such expenses be borne by those utilizing the ocean beach and profiting from its safe, attractive and well maintained condition; and, WHEREAS, the City Commission held a duly noticed public hearing on February 2, 2012, to consider this amendment and has posted and provided public notice of this ordinance in accordance with City Code and Florida Statutes; and, K:\userdata\SHARED\Building Department\ORDIN\Beach-Sales and Solicitation (2011)\Ord 1542 Beach Sales Revisions (1-23-2012 Draft).docx

DRAFT- revised January 23, 2012 (Changes from December 28, 2011 draft, and per City Commission 1/5/2012 meeting accented in aqua highlight and staff edit and recommendations in yellow highlight) 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 WHEREAS, the City Commission finds that this ordinance will promote the public health, safety, welfare, economic order and public interest. NOW, THEREFORE, BE IT ORDAINDED BY the City Commission of the City of Cocoa Beach, Florida: SECTION ONE: The above recitals are true and correct and by this reference are hereby incorporated herein and made an integral part hereof as though fully set forth herein. SECTION TWO: Section 15-39 Certain sales and leases along Atlantic Ocean beach are prohibited; punishment for violations of the Code of Ordinances of the City of Cocoa Beach, Florida is hereby amended to read as follows: Sec. 15-39. Certain sales and leases along Atlantic Ocean beach are prohibited; punishment for violations A Concession agreement with regards to certain commercial activities allowed by the City on the Ocean Beach and Dune Area is required to operate, solicit and conduct business on the ocean beach. (a) It shall be unlawful for any person, association of persons, or legal entity, directly or indirectly, or through or as an owner, agent or employee, or in any other capacity, to offer for sale or lease or to sell, or lease, or in any way to offer to deliver or transfer, or to deliver or transfer, for cash or on credit, or to participate in any manner towards the accomplishment of any of the foregoing, any merchandise of any kind, including, but not limited to, food and beverage, in the area adjacent to the Atlantic Ocean and extending westerly therefrom to the "Sea Wall Line," provided for in section 5-45 of this Code, and extending north and south to the northernmost and southernmost boundaries of the city, unless such activities be pursuant to franchise or resolution of the city commission entered of record, except such activities aforesaid as may be otherwise lawfully conducted at permanent structures in said area, and the possession by said person, association of persons, or legal entity of a license to do business in the city does not, of itself, permit the activities herein prohibited. The prohibition herein contained shall not be construed to permit any uses of said area inconsistent with any zoning or other ordinance of the city. Violations of this section shall be punished according to law. or to operate, solicit or conduct any business, profession or occupation upon any portion of the Ocean Beach and/or Sea Dune Area as defined in Section 5-50 of this code and extending easterly therefrom to the City s municipal boundary, unless such activities be pursuant to a valid beach concession agreement or as may be authorized by Special Event Approval. Concession agreements shall be for the operation of a commercial beach vending business in conformity with, and subject to, all provisions, terms and conditions of this section. A person's or entity's (hereinafter concessionaire) right to use the city's beaches for the purposes stated herein shall not be exclusive and the city reserves the right to grant the use of its beaches to any Ordinance No. 1542 Page 2 of 7

DRAFT- revised January 23, 2012 (Changes from December 28, 2011 draft, and per City Commission 1/5/2012 meeting accented in aqua highlight and staff edit and recommendations in yellow highlight) 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 person at any time during the period of any concession agreement awarded pursuant to this article. (b) The concession agreement shall be required to solicit or conduct for the sale or rental of any merchandise, services, goods or property of any kind or character. (1) The concession agreement shall grant the right to sell or rent specified goods or services directly on the Ocean Beach and extending easterly therefrom to the City s municipal boundary, within a defined zone of operation. (2) The concession agreement shall provide a general non-exclusive authority to sell or rent goods or services but shall provide exclusive authority as to the sale or rental of goods or services directly on the area of the beach that is specified in an exhibit attached to the concession agreement, and shall be renewable only at the option of the city. (c) The application for a beach concession agreement shall be obtained from the City Manager or his designee and shall be in writing on a form prescribed by the City and shall meet the following conditions: (1) An application fee to cover the costs of processing and verification of eligibility must be submitted with the application. This application fee and the schedule of all fees and charges relative to concession agreements shall be authorized and adopted by Resolution of the City Commission and made available in the offices of the City Clerk and the City Manager. (2) The concessionaire or the business shall have a current local business tax receipt on file with the City and shall possess all required Federal, State and County licenses or permits. (3) Since the concessionaire may be doing business on the City s Ocean Beach and many tourists, families and children recreate on the Ocean Beach, the application shall require the concessionaire to disclose the name or names of the concessionaire and all employees, which disclosure shall be current at all times. The concessionaire and all employees shall be subject to a background screening conducted by the City s Police Department to insure the safety of visitors and residents and to eliminate those convicted of a crime involving moral turpitude. Ordinance No. 1542 Page 3 of 7

DRAFT- revised January 23, 2012 (Changes from December 28, 2011 draft, and per City Commission 1/5/2012 meeting accented in aqua highlight and staff edit and recommendations in yellow highlight) 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 (4) The concessionaire shall have a permanent place of business west of the Ocean Beach on private property or public property, that abuts the public Ocean Beach, where the concessionaire intends to operate. The Concession Agreement shall specify the area on the public Ocean Beach and any area extending easterly therefrom to the City s municipal boundary, where the concessionaire can conduct their operation. Said business shall be operated in a zoning district where such an operation is permitted and approved. (5) The application must provide a detailed listing of all goods and services that the concessionaire plans to sell or rent. (6) The concessionaire shall maintain a minimum amount of general liability insurance, with set amount to be set forth by Resolution of the City Commission, and provide to the city a hold-harmless agreement and add the City of Cocoa Beach as an additional insured. (7) No equipment or materials of any kind shall be stored on the Ocean Beach and/or Sea Dune Area and extending easterly therefrom to the City s municipal boundary, before or after approved hours of operation without specific approval of the City. (8) The concessionaire shall identify how they will transport their equipment and materials to and from the Ocean Beach and obtain written approval from the city for same. (9) The concessionaire shall list the hours, days, and months of operation they will be open for business. (10) The concessionaire shall provide an attachment to the concession agreement showing the area on the Ocean Beach and any area extending easterly therefrom to the City s municipal boundary, that is adjacent to the concessionaire s private property place of business, where the concessionaire plans to sell merchandise, services and goods. Such requested Ocean Beach area of service is subject to approval by the City. The concession area on the Ocean Beach and any area extending easterly therefrom to the City s municipal boundary, as approved by the City, shall not interfere with any existing business or city-approved special event. (11) The concessionaire shall limit advertising signage by not placing signs on the Ocean Beach and/or Sea Dune Area and extending easterly therefrom to the City s municipal boundary. Operator may use other forms of advertising such as uniforms, displays of goods, Ordinance No. 1542 Page 4 of 7

DRAFT- revised January 23, 2012 (Changes from December 28, 2011 draft, and per City Commission 1/5/2012 meeting accented in aqua highlight and staff edit and recommendations in yellow highlight) 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 merchandise and services and city approved signage at operators adjacent private property place of business. (12) Concessionaire will pay a Concession Fee as established by Resolution of the City Commission of the City of Cocoa Beach. (13) The concession area may be modified or adjusted by the City, as necessary, to address public access or safety considerations. (d) In considering any application submitted for a Concession Agreement under this section, the City shall consider the following criteria in addition to the application specifications: (1) The effects the proposed concession would have on the public s use and enjoyment of the city s beaches; (2) The effects the proposed concession, concessionaire(s) or employees would have on public safety; (3) The performance history of the proposed concessionaire, if any; (4) The environmental impacts of proposed concession activities; (5) The number of concession agreements currently in existence; (6) Public input; (7) Any other criteria deemed relevant by the city commission. (e) Following receipt of an application for a Concession Agreement, the City Manager or his designee shall have 60 days to consider the application and forward a recommendation to the City Commission. This recommendation shall be based on the criteria provided in Section 15-39 (d), a review as to the completeness of the Concession Application and appropriate vetting pursuant to Section 15-39 (d) 3. The City Commission upon receipt of said recommendation shall schedule consideration of the Concession Agreement for public hearing, at which time the City Commission may approve, approve with conditions or deny the request for a Concession Agreement. The decision of the City Commission shall be final. (f) Any person or entity denied a franchise by the city under Section 15-39 (e f) may not re-apply for one (1) year from the date of denial. (g) The initial term of a franchise granted under Section 15-39 (e f) shall be for one (1) year. At the completion of the one (1) year term, the franchise may Ordinance No. 1542 Page 5 of 7

DRAFT- revised January 23, 2012 (Changes from December 28, 2011 draft, and per City Commission 1/5/2012 meeting accented in aqua highlight and staff edit and recommendations in yellow highlight) 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 then be renewed for a three (3) year term with subsequent renewals for five (5) year terms. Assuming compliance with city rules and regulations, a person or entity has a reasonable expectation of renewal of their franchise agreement. (h) Any person or entity that possesses an active city commission approved franchise agreement to sell or rent goods or services on the ocean beach as of the date this ordinance goes into effect shall be exempt from applying for a new concession agreement from the city. The existing franchise agreement between the city and person/entity shall govern. Upon expiration of the current franchise agreement the franchisee may apply for a new concession agreement in accordance with Section 15-39 of this code, except existing franchises which abut public rights of way or lands owned or under the control of the City of Cocoa Beach shall not be required to meet the permanent place of business requirement of Section 15.39 (c) (4) nor the private property place of business requirement of Section 15.39 (c) (10). (i) Any person or entity, whose business is properly licensed within the city, may utilize the Ocean Beach and dune area any area extending easterly therefrom to the City s municipal boundary, as defined in (a) for physical instruction such as yoga, surfing and/or swimming lessons or other appropriate physical instruction without obtaining a franchise agreement under this Section. The City Manager is authorized to set terms of use, conditions of operation, or require that such instructional operations obtain a franchise agreement if such operations are of such a size and nature that they are determined to require additional review and City Commission imposed regulation or control of operation. SECTION THREE: Severability. If any provision of this Ordinance or the application thereof to any circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of the Ordinance are declared severable. SECTION FOUR: Interpretation. In interpreting the body of Section 2 of this Ordinance, the following rules of interpretation shall be utilized: (1) Terms underlined are additions to existing text. (2) Terms stricken through are deletions from existing text. SECTION FIVE: Conflicts. All ordinances or parts of Ordinances in conflict herewith are hereby repealed. Ordinance No. 1542 Page 6 of 7

DRAFT- revised January 23, 2012 (Changes from December 28, 2011 draft, and per City Commission 1/5/2012 meeting accented in aqua highlight and staff edit and recommendations in yellow highlight) 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 SECTION SIX: Effective Date. This ordinance shall become in full force and effect upon adoption in accordance with the Charter of the City of Cocoa Beach, Florida. Upon Motion by Commissioner Seconded by Commissioner this Ordinance was duly adopted at a Regular Meeting of the City Commission of the City of Cocoa Beach, Florida, held on the day of, 20. Ayes: Nays: Absent or Abstaining: Leon Skip Beeler, Mayor-Commissioner ATTEST: Loredana Kalaghchy, CMC City Clerk First Reading: Date Posted: Date Published: Ordinance No. 1542 Page 7 of 7

THE FOLLOWING TWO (2) PAGES ARE: ATTACHMENT B Resolution No. 2012-04 Establishing Fee Schedule for Implementation of Code of Ordinances Section 15-39 (Concessions on the Ocean Beach) City Commission Briefing 2/2/2012 meeting Ordinance No. 1542 (City Code Section 15-39, Ocean Beach Concessions)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 RESOLUTION NO. 2012-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF COCOA BEACH, FLORIDA, ESTABLISHING A PARTIAL FEE SCHEDULE AND CHARGES FOR APPLICATION AND ADMINISTRATION OF OCEAN BEACH CONCESSIONS; PROVIDING INCORPORATION OF RECITALS, PROVIDING FOR REPEAL OF CONFLICTING RESOLUTIONS AND FEE SCHEDULES, PROVIDING FOR POSTING OF THE SCHEDULE OF FEES AND CHARGES, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Cocoa Beach has adopted Ordinance No. 1542 on February 2, 2012, amending City Code Section 15-39 A Concession agreement with regards to certain commercial activities allowed by the City on the Ocean Beach and Dune Area is required to operate, solicit and conduct business on the ocean beach ; and, WHEREAS, said Ordinance establishes under City Code Section 15-39(c)(1), a schedule of fees and charges with said schedule to be authorized and adopted from time to time by resolution of the City Commission; and, WHEREAS, the City Commission has determined it necessary to levy fees or charges for the purpose of processing applications for Ocean Beach concessions, and for administering and enforcing any Ocean Beach concession agreement which may be approved by the City Commission. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Cocoa Beach, Florida, as follows: SECTION ONE: The above recitals are true and correct and by this reference are hereby adopted by the City of Cocoa Beach though fully set forth herein. SECTION TWO: Pursuant to City Code Section 15-39(c)(1), the City Commission hereby adopts the following Ocean Beach concession fee schedule: (a) Application fee, new and renewing applicants $250.00 (for any existing upland operators with a current and valid City Business Tax Receipt as of February 2, 2012, this application fee is waived). (b) As required by any concession agreement, any Insurance Liability Coverage shall be a minimum of $1,000,000.00. K:\userdata\SHARED\Building Department\ORDIN\Beach-Sales and Solicitation (2011)\Res 2012-04 Beach Sales and Concessions Fee Schedule.docx

40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 (c) For Concessions abutting and associated with privately owned property the Annual Concession Fee Rates for Sales and Lease of beach equipment, and beach related sundries Minimum Fee of $1,000.00 per year, and a Maximum Fee of $10.00 per linear feet of beach/ocean area frontage (measured parallel along the waterline) being served or as set at the time of concession approval by Resolution of the City Commission. (d) For Concessions abutting and associated with privately owned property the Annual Concession Fee Rates for Sales and Service for Food and Alcoholic Beverages Minimum Fee of $5,000.00 per year, and a Maximum Fee of $50.00 per linear feet of beach/ocean area frontage (measured parallel along the waterline) being served or as set at the time of concession approval by Resolution of the City Commission. (e) For Concessions abutting and associated with publically owned property twice the rate for concessions abutting and associated with privately owned property. (f) Charge for background screening As set forth in the Concession Agreement approved by Resolution of the City Commission. (g) Additional charges or fees As set forth in the Concession Agreement approved by Resolution of the City Commission. SECTION THREE: The fee schedule identified in Section Two, above shall be posted and made available in the offices of the Building Official and City Manager. SECTION FOUR: Effective Date: This Resolution shall become in full force and effect upon adoption. Upon Motion by Commissioner and seconded by Commissioner, Resolution 2012-04 was duly adopted at a Regular Meeting of the City Commission of the City of Cocoa Beach, Florida, held on the day of 2012. Ayes: Nays: Absent or Abstaining: Leon Skip Beeler, Mayor-Commissioner ATTEST: Loredana Kalaghchy, CMC City Clerk Resolution No. 2012-04 Page 2 of 2

ATTACHMENT C (1 of 4) Applicable excerpt from 1/5/2012 Commission Draft Minutes City Commission Briefing 2/2/2012 meeting Ordinance No. 1542 (City Code Section 15-39, Ocean Beach Concessions)

ATTACHMENT C (2 of 4) Applicable excerpt from 1/5/2012 Commission Draft Minutes City Commission Briefing 2/2/2012 meeting Ordinance No. 1542 (City Code Section 15-39, Ocean Beach Concessions)

ATTACHMENT C (3 of 4) Applicable excerpt from 1/5/2012 Commission Draft Minutes City Commission Briefing 2/2/2012 meeting Ordinance No. 1542 (City Code Section 15-39, Ocean Beach Concessions)

ATTACHMENT C (4 of 4) Applicable excerpt from 1/5/2012 Commission Draft Minutes City Commission Briefing 2/2/2012 meeting Ordinance No. 1542 (City Code Section 15-39, Ocean Beach Concessions)