ANNA MARIA – During the Thursday, Aug. 13, Anna Maria City Commission meeting that starts at 10 a.m., Mayor Mark Short will present to city commissioners proposed amendments to the parks and recreation ordinance, Ordinance 26-961, that established the commercial activity and beach cabana rental regulations that went into effect earlier this year.
The proposed changes include franchise agreements with a select and limited number of cabana rental vendors and a hard limit on how many vendors can operate per day and how many cabanas can be set up in the same designated rental zone between Magnolia and Oak avenues. The proposed changes also include moving the allowed setup time from 7 a.m. to 9 a.m.
Public input will be allowed during Thursday’s discussion. To listen to the meeting by phone and to provide public comment, call 929-205-6099 and when prompted enter the meeting ID: 85392000280.
Here is a link to the proposed 15-page ordinance to be discussed Thursday. The proposed revisions and deletions are highlighted in red.
MEETING PACKET SUMMARY
The introduction in the summary document included in the meeting packet says, “Ordinance 26-961 revises Chapter 38, Parks and Recreation, to update regulations governing commercial activities on city beaches. The ordinance establishes a framework for managing commercial beach equipment rentals through franchise agreements while protecting public access, safety and environmentally sensitive coastal resources.”
Regarding the key changes proposed, the agenda document says, “The ordinance comprehensively revises Chapter 38 by establishing franchise requirements for commercial beach equipment rental operations, limiting the number, location and operating hours of commercial activities on city beaches, and requiring ownership disclosures and appropriate insurance coverage for operators. It also creates graduated penalties for repeated violations and requires advance written notice for certain temporary shade structure rentals within the Coastal Conservation Zone. These changes are intended to improve oversight and enforcement while balancing limited commercial activity with the preservation of public beach access and protection of the city’s coastal resources,” the agenda document says.
Regarding the purpose of the proposed ordinance amendments, the agenda document says, “The ordinance is intended to preserve public access to Anna Maria’s beaches, improve oversight of commercial activities, enhance enforcement, and protect public health, safety, welfare and coastal resources while allowing limited commercial operations consistent with the public interest.”
FRANCHISE AGREEMENTS
Regarding an annual registration program, the proposed ordinance says, “Registration means the annual authorization issued by the city allowing an operator to engage in the conduct of organized passive recreation on the beaches of the city, subject to compliance with this ordinance and all other applicable laws.”
The ordinance proposes that the city enter into franchise agreements with a limited number of beach cabana vendors.
The proposed ordinance says, “Franchise agreement means an agreement entered into between the city and an operator to conduct commercial rental of beach equipment activity in approved areas of the beach.”
It also says, “Geographic location means the following beach locations, using a straight line from the centerline of the named street to the water:
- Magnolia Avenue to Palm Avenue;
- Palm Avenue to Palmetto Avenue;
- Palmetto Avenue to Willow Avenue;
- Willow Avenue to Cedar Avenue;
- Cedar Avenue to Mangrove Avenue;
- Mangrove Avenue to Oak Avenue.”
Sec. 38-77 of the proposed ordinance says, “Operators conducting commercial rental of beach equipment activity must be franchised by the city. After Jan. 1, 2027, no commercial rental of beach equipment shall occur without a franchise agreement from the city. “Franchise agreement terms are limited to 24 months. No more than 36 commercial rental areas are permitted on any given day, where permitted on the beach, inclusive of geographic location limitations. The city commission may change this limit by resolution.
“No more than six commercial rental areas are permitted in each geographic location on any given day. The city commission may change this limit by resolution.
“No more than three franchise agreements will be effective at any time. The city commission may change this limit by resolution,” the proposed ordinance says.
The ordinance also says, “Each operator engaged in the commercial rental of beach equipment will be limited in the total number of commercial rental areas per day and total number of commercial rental areas per day in a geographic location as stipulated in the operator’s franchise agreement with the city. No commercial rental areas are permitted landward of the erosion control line, dune system or beach vegetation, whichever is most seaward,” the proposed ordinance says.
SETUP, REMOVAL
The proposed ordinance says, “Delivery and set-up may not occur prior to 9 a.m. Tear-down of rental beach equipment and removal from the beach shall be completed by 6 p.m. or one hour prior to sunset, whichever is earlier. During inclement weather events, tear-down after 6 p.m. or sunset may not be penalized provided tear-down commences as soon as the beach is safe to access.”
APPLICATION PROCESS
The proposed ordinance says, “The city will conduct a biennial application process to select operators to conduct commercial rental of beach equipment that will go into effect Jan. 1 of the following year. Franchise applications for the two-year franchise period will be accepted by the city between Sept. 1 and Sept. 15 in the year prior to the Jan. 1 commencement date of the franchise agreement. Applications received after the deadline will not be considered for the upcoming franchise period. Only applications that are complete and include all information and materials required by Sec. 38-88 will be eligible for consideration.”
The proposed ordinance says all applications will be evaluated by a committee appointed by the mayor, using the following criteria:
- Experience and qualifications;
- Ability to comply with operational requirements; Safety and emergency procedures;
- Staffing and supervision;
- Past regulatory or contractual performance;
- Financial responsibility and insurance;
- Equipment quality and maintenance;
- Proposed franchise compensation;
- And other criteria identified in the application solicitation.
The proposed ordinance says, “The commission may reject all applications and submission of an application creates no entitlement to a franchise. The city commission may accept or reject any or all applications, may negotiate with one or more applicants, and may determine not to award any franchise if it finds that an award would not be in the city’s best interests.”
