Laws around selling on the beach?

[Horatio Caine]

I'm thinking of starting a business that involves selling products to sunbathers on the beach.

When I've been on the beach, I've noticed that there is very little selling (unlike most European beaches) of things, but there are some selling.

Does anyone know the laws? Is it legal to have people sell stuff to beach-goers on the beach?

[Jess]

If you mean selling from one of the official beach huts then that's ok. But if you mean walking round the beach, that is illegal. There is a man that sells cold water, he is like the most loved local guy on South Beach, and the lifeguards look out for him and warn him where the cops are, but he still gets arrested a lot. If you haven't got a license it means you're not paying your taxes or whatever, so if you do decide to go for it, beware the beach police as they love arresting people for that.

[Horatio Caine]

If you mean selling from one of the official beach huts then that's ok. But if you mean walking round the beach, that is illegal. There is a man that sells cold water, he is like the most loved local guy on South Beach, and the lifeguards look out for him and warn him where the cops are, but he still gets arrested a lot. If you haven't got a license it means you're not paying your taxes or whatever, so if you do decide to go for it, beware the beach police as they love arresting people for that.

You mean it's strictly illegal for someone to go around and sell ice cream for example to beach goers? Of course I would have a license/pay taxes.

[Jess]

If you have a license it is fine. But the people that do have one are in one place, in the beach huts that you see usually in front of the big hotels. I don't know about walking around the beach with a license. No one really does it, so maybe it is not allowed.

The best people to ask would be the lifeguards, but I don't know if you live on the beach. I can ask this weekend.

[Horatio Caine]

If you have a license it is fine. But the people that do have one are in one place, in the beach huts that you see usually in front of the big hotels. I don't know about walking around the beach with a license. No one really does it, so maybe it is not allowed.

The best people to ask would be the lifeguards, but I don't know if you live on the beach. I can ask this weekend.

No, I i dont. If you could I'd owe you one!

[Mario]

Btw, those huts are ridiculously overpriced when it comes to food & soda. Not sure if they carry ice cream.

[Horatio Caine]

Btw, those huts are ridiculously overpriced when it comes to food & soda. Not sure if they carry ice cream.

I'm not talking about the huts. I'm talking about having a guy going around selling ice-cream from a box to turists.

As for the huts, they can sell ice-cream. I've bought one myself. :)

[Maria de los Angeles]

According to the city's website:

Peddling is prohibited in the City of Miami Beach as per Section 70-4 of the City Code.

This explains why the lifeguards protect the water guy.

It is a great idea, H. And I'm sure more people would be doing it if it wasn't prohibited.

[Jess]

We all protect him, he's the sweetest guy. And he works harder than those beach hut guys charging something ridiculous like $5 a bottle of water.

[Horatio Caine]

...It is a great idea, H. And I'm sure more people would be doing it if it wasn't prohibited.

Bummer...

The idea was to have a ice-cream bar on Ocean Drive and making the ice cream behind the counter. Besides selling to people passing by and sitting down I'd also have some guys sweeping the beach.

Oh well, what to do. :(

[Matt Meltzer]

I like that law though. One of the few things we've done in South Florida to protect the beach atmosphere at the expense of commerce. How freaking annoying would it be to have people walking up and down the beach all day yelling like vendors at a Marlins game? And think about how much garbage it would create.

Those guys at the huts have an exclusive agreement with the city that runs for X amount of years. It's actually a concession agreement much like Aramark has sports venues. Hence the overpricing.

[sungal]

Gloria from Gloria del Rio swimsuits peddles her handmade swimsuits around the beach, and I'm happy about that..love her stuff. The jewlery lady who walks around is mean.

I'm sure the stands pay a large amount to the city to sell drinks. I think hot dog carts in ny pay $400,000 yearly just to have their cart license. So maybe that's why he charges $5 for drinks.

His selection sucks..he has water, coke, diet coke, sprite, and gatorade..and the soda comes in a can. I guess he spends a lot keeping the beverages cool..

[Jess]

Gloria from Gloria del Rio swimsuits peddles her handmade swimsuits around the beach, and I'm happy about that..love her stuff. The jewlery lady who walks around is mean.

LMAO! I get cold water and sungal gets dresses and jewellery! I have never even seen those 2 women!

[Maria de los Angeles]

Seriously though ... while I am all for good commerce ... whatever happened to just bringing your own mini-cooler with pre-mixed cocktails and H20? I did this for years here in Miami Beach.

Matt, I totally agree. Peddlers are annoying, though the water guy here is an exception and ONE legal ice cream guy would be cool. But in some parts of the Caribbean, expect annoying women to want to Bo Derek your hair, dudes to sell you ganja and others to pimp out sex themselves or from their hookers. I'm so glad we don't have that scene here. (At least I've never seen it, with the exception of some proselytizers talking about the second coming of Jesus while you're trying to get a tan.)

[sungal]

Gloria from Gloria del Rio swimsuits peddles her handmade swimsuits around the beach, and I'm happy about that..love her stuff. The jewlery lady who walks around is mean.

LMAO! I get cold water and sungal gets dresses and jewellery! I have never even seen those 2 women!

Just the swimsuit! She's a really great Miami-based designer...I never got anything from the jewlery lady...she's mean.

[fredgarvin]

I like that law though. One of the few things we've done in South Florida to protect the beach atmosphere at the expense of commerce. How freaking annoying would it be to have people walking up and down the beach all day yelling like vendors at a Marlins game? And think about how much garbage it would create.

Those guys at the huts have an exclusive agreement with the city that runs for X amount of years. It's actually a concession agreement much like Aramark has sports venues. Hence the overpricing.

I really don't want peddlers, panhandlers, or politicians plying their trade when I'm on the beach. Tough area to tread though, I can see where different people may have divergent views on their rights. On this one, I agree with Matt.

[Maria de los Angeles]

I've had Jesus freaks walk up to me while at the beach (Btw, I have nothing against Jesus). I've had to pull the "No speak English" shtick just to get them out of my way and when they start speaking to me in Spanish I pretend to be French or German.

[Horatio Caine]

Well, while I do agree that vendors some time can be annoying; I dont see the problem with organized discreet vendors.
Perhaps you could have some license for it which required you not be annoying?

[sungal]

I've also been asked if I want henna tatoos. I walked to the sofi beach area today and a woman was selling cold water bottles out of her hard plastic pull luggage, but it was on Ocean Dr, not the beach. I guess if a cop comes she throws on the top and just pulls her "luggage" away.

And in this rainy season, you could make a killing selling umbrellas when it starts to rain.

[Matt Meltzer]

Correct me if I am wrong, but I think all the on-beach concessions are run by Boucher Brothers. So it's pretty much a corporate contract. I guess the prices are a convenience charge, like buying stuff at the movies or the ballpark.