2008-23
RESOLUTION NO. 2008-23
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, REQUESTING MIAMI-
DADE COUNTY TO CONSIDER ADOPTING CONSUMER
PROTECTION MEASURES TO PROVIDE THAT
RESTAURANTS MUST DISCLOSE THE PRICE OF FOOD
AND BEVERAGE SPECIALS BEFORE ACCEPTING
ORDERS FROM RESTAURANT PATRONS; PROVIDING
FOR IMPLEMENTATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of A ventura, Florida, finds that restaurant
patrons have complained that some restaurants offer food and beverage specials which are not
listed on the regular menu, and fail to disclose the price of those specials until a bill is presented
at the conclusion of the meal, and that this practice causes patrons to be misinformed and to
sometimes pay a much higher price than they reasonably expected to pay; and
WHEREAS, the City Commission finds that a sound business practice would dictate
that a restaurant disclose the price of food and beverage specials prior to accepting an order for
the special, and further finds that the failure of some restaurant establishments to regularly
adhere to this sound business practice causes consumers to be misled and may create
unnecessary altercations between restaurant patrons and restaurant service personnel; and
WHEREAS, Miami-Dade County (the "County") has a comprehensive set of Uniform
Trade Standards in Article III of Chapter 8A of the County Code, which are intended to
comprehensively regulate a diverse array of business practices in a uniform and fair manner, so
that consumers are protected and the quality of commerce is enhanced; and
WHEREAS, the City Commission is of the view that the County Code should be further
amended by the Board of County Commissioners to include the restaurant food or beverage
special item disclosure provision which is requested herein.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1.
Recitals. That the above stated recitals are hereby confirmed and
adopted.
Section 2.
Reauest for County Lee:islation . That the City Commission hereby
respectfully requests that the County Mayor, County Manager and the Director of the County
Consumer Protection Division examine the matters described herein, and determine to propose
to the Board of County Commissioners that Article III of Chapter 8A of the County Code be
further amended to require that a restaurant operator must disclose to restaurant patrons the full
price of any food and beverage specials prior to accepting an order for such specials.
Section 3.
Implementation.
That the City Manager is authorized to take any
action which is necessary in order to implement the purposes of this Resolution.
Section 4.
Effective Date. That this Resolution shall become effective immediately
upon adoption hereof.
The foregoing Resolution was offered by Commissioner Holzberg, who moved its adoption.
The motion was seconded by Commissioner Joel, and upon being put to a vote, the vote was as
follows:
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
yes
yes
yes
yes
yes
yes
no
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PASSED AND ADOPTED this ,,'f! day of May, 2008.
Approved as to Form and Legal Sufficiency:
MlIfr\~
City A~orney
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