LTC 072-2019 Sidewalk Cafe Report Fiscal Year 2018/19 Quarter 1 MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. LTC # 072-2019 LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members o the City C.CI mission
FROM: Jimmy L. Morales, City ManagerOP-
•
DATE: February 7, 2019
ia
SUBJECT: Sidewalk Café Report Fiscal Year 2018/19 Quarter 1
This Letter to Commission constitutes the first Sidewalk Café Report, for quarter one of Fiscal
Year 2018/19. On April 11, 2018, the Mayor and City Commission adopted Ordinance 2018-4188
creating a quarterly reporting requirement for violations of the Sidewalk Café Ordinance specific
to subsections 82-385 (b), (e), (j), (v), (w), and (x). These subsections encompass requirements
for life safety, site plan violations, menu price requirements, automatic gratuity and other charges,
and receipt itemization of charges and taxes. See Attachment A for full details.
While the reporting requirement was adopted in April 2018, sidewalk café operators were given
time to comply with the menu price requirements. The ordinance was to take effect on July 2,
2018 for the cafés located in the MXE district and on January 1, 2019 citywide. In addition to this
ordinance, menu design guidelines needed to be established which subsequently did not become
effective in the MXE district until October 1, 2018 and citywide until January 1, 2019.
During this time, 79 sidewalk café inspections were conducted and 16 violations were issued,
only three of which were violations related to the requirements of this report. The violations are
included in Attachment B. In an effort to be more business friendly, the Department will begin
tracking when immediate compliance is achieved by businesses during inspections and include
those numbers in future reports. Should you have questions please contact Code Compliance
Director Hernan Cardeno.
Attachments:
Attachment A: Section 82-385 Minimum standards, criteria, and conditions for operation of
sidewalk cafés.
Attachment B: Violations issued in FY 2018/19 Quarter 1
Attachment A
Sec. 82-385. - Minimum standards, criteria,and conditions for operation of sidewalk cafes.
(a) The permittee shall take any and all actions to assure that its use of the public right-of-way in no way
interferes with patrons of other sidewalk cafes, or limits their free, unobstructed passage thereto.
(b) Sidewalk cafes shall be located in such a manner that a distance of not less than five feet is maintained
at all times as a clear and unobstructed five-foot pedestrian path around public amenities and areas
such as, by way of example, fountains, landscaped areas(excluding city planters), and seating/shade
structures. Notwithstanding the preceding, the city manager, in his reasonable judgment and
discretion, and on a case-by-case basis, may approve and allow for a pedestrian path of less than five
feet where an applicant/permittee's sidewalk cafe operation would be significantly impacted. In
considering such cases, and in determining whether an applicant/permittee is"significantly impacted,"
the city manager may apply the criteria set forth in subsections 82-384(c)(1)—(4). A five-foot
pedestrian path shall also be required and established where the city manager, in his reasonable
judgment and discretion, determines that the operation of a sidewalk cafe inhibits pedestrian access
to an adjacent business establishment or adversely affects the visibility of an adjacent storefront.
(c) No tables, chairs, umbrellas, or other sidewalk cafe furniture shall be permitted within ten feet of a
bus bench and/or bus shelter.A distance of five feet shall be maintained from taxi stands, fire hydrants,
bike racks, directory signage/kiosks, and/or other similar public street furniture and/or fixtures.
(d) No tables, chairs, umbrellas or other sidewalk cafe furniture shall be permitted within five feet of an
alley, pedestrian crosswalk, or corner curb cut.
(e) The pedestrian path for Lincoln Road shall be a 12-foot clear path for emergency and maintenance
vehicles. The exact location of the path on each block shall be determined by the city manager, in his
reasonable judgment and discretion, and shall be incorporated into the sidewalk cafe site map of
Lincoln Road.
(f) No object shall be permitted around the perimeter of an area occupied by tables and chairs which
would have the effect of forming a physical or visual barrier discouraging the free use of the tables and
chairs by the public, or (in the case of Lincoln Road) which would have the effect of obstructing the
pedestrian path or public access between the north and south sides of Lincoln Road.
(g) The area covered by a sidewalk cafe permit, and the sidewalk and street immediately adjacent to it,
shall be maintained in a clean, neat and orderly appearance at all times by the permittee. The area of
the sidewalk, curb and gutter immediately adjacent to the sidewalk cafe shall be cleared of all debris
during hours of operation, and again at the close of each business day, or as may otherwise be
determined by the city manager. The permittee shall be responsible for pressure cleaning the floor
surface on which the sidewalk cafe is located at the close of each business day. The city shall pressure
wash the right-of-way from time to time in accordance with such schedule as shall be established in
the reasonable judgment and discretion of the city manager. In establishing said schedule, the city
manager shall use reasonable efforts to assure that the city's pressure cleaning of the public right-of-
way occurs at such times as will cause the least disruption to sidewalk cafe operations.
(h) Tables, chairs, umbrellas and any other sidewalk cafe furniture shall be maintained in a clean,
attractive, and orderly appearance, and shall be maintained and kept in good repair at all times.
(i) All sidewalk cafe furniture shall be of high quality, design, materials, and workmanship so as to ensure
the safety and convenience of the public.
(j) Only the sidewalk cafe furniture specifically shown on the approved sidewalk cafe site plan shall be
allowed in the permit area.
(k) (1) All tables, chairs, umbrellas, and any other sidewalk cafe furniture shall be readily removable,
and shall not be physically attached, chained, or in any other manner affixed to any public
structure, street furniture, signage, and/or other public fixture, or to a curb and/or public right-of-
way.
(2) Notwithstanding the provisions of subsection (k)(1), on the west sidewalk on Ocean Drive
between 5th Street and 15th Street, umbrellas may be affixed to the sidewalk with an in-ground
mount system that is flush with the sidewalk or with a bolted metal plate not to exceed nine inches
by nine inches in size. A detailed engineering design, and a structural analysis of either the mount
system or metal plate, shall be submitted to the department of public works for review and
approval. If permitted, such mount system or metal plate must be easily removable (as
determined by the city) to provide a smooth ADA-compatible surface when the mount system or
metal plate is removed. In the event that a particular sidewalk cafe is no longer a permitted use,
the umbrellas and entire mount system or metal plates shall be removed and standard concrete
sidewalk shall be re-installed, subject to the approval of the department of public works.
(I) The stacking or piling up of chairs shall be prohibited on the right-of-way. On Lincoln Road Mall, tables,
chairs and closed-up umbrellas may only remain on the right-of-way (within the permit area) as long
as they are placed in an orderly manner. Notwithstanding the foregoing, on Lincoln Road Mall tables,
chairs and closed-up umbrellas may remain on the right-of-way as long as 80 percent of the
restaurants on Lincoln Road Mall are open for lunch beginning at 11:00 a.m. The city will make this
determination on two separate times during each permit year. The first determination shall be made
on October 1, with the second determination being made on April 1 of each year. The phrase "open
for lunch" shall be defined by the serving of meals to patrons during the lunch hour. If the city
determines that less than 80 percent of the restaurants on Lincoln Road Mall are open for lunch on
either October 1 or April 1 of a permit year, then the following regulation shall apply to all restaurants
on Lincoln Road Mall. Any and all other sidewalk cafe furniture including without limitation, rolling
service stations, service carts and bussing stations, may only be maintained in the permit area during
hours of operation provided however, that planters that cannot be readily removed may remain within
the permit area subject to the provisions of subsection (s) hereof. On Lincoln Road Mall, rolling service
stations, service carts, and bussing stations shall not be permitted to be placed within five feet of the
walls, columns, or posts of the Lapidus structures, city planters, or in front of other storefronts and/or
business establishments. Notwithstanding anything contained in this subsection (I), the city manager
may require a permittee to store its tables, chairs and/or umbrellas off of the right-of-way if, in his
reasonable judgment and discretion, the city manager determines that the sidewalk cafe permit area
and immediately adjacent public right-of-way are not being adequately maintained in accordance with
this division.
(m) No storage of dishes, silverware or other similar sidewalk cafe equipment shall be allowed in the
permit area, or in any other portion of the public right-of-way, or outside the structural confines of the
building in which the restaurant is located, during non-business hours.
(n) There shall be no live entertainment or speakers placed in the permit area unless expressly permitted
as a special event. Conditions such as hours and days of operation and audio levels will be regulated
by the city's special events office, and these may vary during the year.
(o) One menu board and one specials board shall be permitted, per sidewalk cafe, for every 50 feet of
frontage.
(p) No food preparation, food storage, expanded polystyrene food service articles, single-use plastic
beverage straws, single-use plastic stirrers, refrigeration apparatus or equipment, or fire apparatus or
equipment, shall be allowed on the right-of-way. In addition, expanded polystyrene food service
articles, single-use plastic beverage straws, and single-use plastic stirrers shall not be provided to
sidewalk cafe patrons.
(1) Exception. The provisions in subsection (p) that pertain to single-use plastic beverage straws
and single-use plastic stirrers shall not restrict a sidewalk cafe operator from providing a beverage
with, or offering the use of, a single-use plastic beverage straw or single-use plastic stirrer to an
individual with a disability or medical condition that impairs the consumption of beverages without
a single-use plastic beverage straw or single-use plastic stirrer.
(2) Effective dates. Notwithstanding the above:
a. Beginning on August 6, 2018, the city shall engage in public education efforts to inform the
public of those provisions in this subsection (p) that pertain to single-use plastic beverage
straws and single-use plastic stirrers, and to provide assistance with identifying alternatives
to single-use plastic beverage straws and single-use plastic stirrers;
b. Beginning on November 1, 2018, and continuing through January 31, 2019, the city shall
provide for a warning period, during which the code compliance department shall issue
written warnings for violations of those provisions in subsection (p)that pertain to single-use
plastic beverage straws and single-use plastic stirrers; and
c. Beginning on February 1,2019, the code compliance department shall enforce the provisions
in subsection (p) that pertain to single-use plastic beverage straws and single-use plastic
stirrers.
(q) No food displays shall be permitted on the public right-of-way. No advertising signs or business
identification signs shall be permitted on the public right-of-way except that the restaurant name and/or
its logo may be permitted on umbrellas but such logos and/or lettering may not exceed six inches in
height.
(r) (1) Umbrellas shall be fire-retardant, pressure-treated or manufactured of fire-resistant material. No
portion of an umbrella shall be less than six feet eight inches above the right-of-way. Two or more
umbrellas may not be clipped, zipped or otherwise fastened together in order to form a tent-like
structure. Clear plastics or other materials may not be fastened, rolled or otherwise be attached
to umbrella edges in order to create an enclosure.
(2) Notwithstanding the provisions of subsection (r)(1), and subject to planning department review
and approval, the following provisions shall apply to sidewalk cafes located on the west sidewalk
on Ocean Drive between 5th Street and 15th Street:
a. A maximum of three umbrellas may be zipped together;
b. Rain gutters may be installed between zipped umbrellas;
c. Colorless and transparent roll-down tarps may be permitted to be attached to umbrellas,
provided that the tarps are only utilized during periods of strong wind or rainfall. Within one
hour of the cessation of such wind and/or rainfall, the roll-down tarp shall be removed from
the umbrella/awning system and stored on private property.
(s) The city manager may permit the use of planters manufactured of terra-cotta or polymer materials,
with the number and size to be reviewed at time of application. Placement of planters within sidewalk
cafe areas shall be five feet apart or greater. It shall be the permittee's responsibility to immediately
remove planters, upon written and/or verbal notice from the city manager, in case of emergency or
other circumstances as provided in this division. Maximum size of planters shall not exceed the
following:
(1) Rectangular planters: 30 inches long, by 15 inches wide by 20 inches high.
(2) Round planters: 24 inches diameter by 24 inches high.
(3) Planters 20 inches or higher shall be on rollers or on rolling bases.
(4) The combination of planters and plant height should not exceed a table height of 34 inches.
Plants shall be properly maintained. Distressed plants shall be promptly replaced. Plant fertilizers which
contain material that can stain the sidewalks shall not be allowed. Water drainage from any plants onto the
sidewalk shall not be allowed. Potted plants shall have saucers or other suitable systems to retain seepage.
(t) Permittees may make written request to the city manager to use city electricity for powering floor fans
during the summer months. Summer months are defined as the period beginning on May 1, and ending
on September 30. The city manager will make electrical outlets operable upon payment of a flat fee,
which fee shall be determined, and may be adjusted from time to time, in the reasonable judgment
and discretion of the city manager, for each of the calendar days during the summer months. City
electrical outlets will be restricted to powering floor fans only. Using the electrical outlets for powering
lights, menu board lighting, and any other electrical device is strictly prohibited. Permittees violating
this restriction will have the electrical boxes deactivated and forfeit any monies paid for electrical use.
Fans must be UL approved for outdoor use. Extension cords are not allowed.
(u) No permit shall be granted on Lincoln Road in an area designated in the sidewalk cafe site map as
restricted for special and cultural events; provided however, that the city manager may approve
temporary use of such area(s), on a case by case basis, and only for a defined, limited time.
(v) A sidewalk cafe shall be prohibited from continuing its operation until such time that it displays or
discloses, in writing, actual prices for food and drink menu item(s), or displays or discloses, in writing,
actual prices and accurate terms and conditions for any food and drink menu special(s), consistent
with those requirements set forth in section 82-381(h) and 82-382(b)(16). A sidewalk cafe may not
charge a price that is greater than the price displayed or disclosed for any food or drink menu item(s)
or food or drink menu special(s). A menu that prominently displays the name of the sidewalk cafe
operator; actual prices for food and drink menu item(s) and for food and drink menu special(s); and, if
applicable, accurate terms and conditions for any food and drink menu special(s), must be provided to
each sidewalk cafe patron.
(w) A sidewalk cafe that automatically includes a gratuity, service charge, minimum charge, corkage fee,
set up fee, sharing fee or charge, or other similar charge, either in the price of the meal or drink or
separately imposed for all items ordered, and fails to properly notify the customer of the automatic
gratuity or service charge, is prohibited from operating on the city's property. The notification must be
consistent with those requirements set forth in sections 82-381(i) and 82-382(b)(17).
(x) A sidewalk cafe that fails to separately itemize and state the actual amount of the following:
(1) Gratuities or tips;
(2) Service charges, minimum charges, corkage fees, set up fees,sharing fees or charges, or similar
charges; or
(3) The total combined percentage and amount of city, county, and state taxes, on the face of the
customer's bill and receipt;
Is prohibited from operating on the city's property. The notification must be consistent with those
requirements set forth in subsections 82-381(i) and 82-382(b)(17).
(y) As applicable to sidewalk cafe permittees on Ocean Drive between 5th Street and 15th Street, every
manager and every employee assigned to work in the sidewalk cafe permit area must successfully
complete a hospitality training program that has been previously approved by resolution of the mayor
and city commission. Within one year of completing such program and each year thereafter, every
manager and every employee assigned to work in the sidewalk cafe permit area shall complete an
abbreviated version of the same hospitality training program. Sidewalk cafe permittees shall:
(1) Maintain records on premises evidencing compliance with this subsection (y), and
(2) Submit to the city manager, on an annual basis, the affidavit specified in subsection 82-
382(b)(18).
(z) Single-use carry out plastic bags shall not be allowed in the right-of-way and shall not be provided to
sidewalk cafe patrons.
(1) Notwithstanding the above, beginning on August 6, 2018, the city shall engage in public
education efforts to inform the public of the provisions in this subsection (z), and to provide
assistance with identifying alternatives to single-use carry out plastic bags. Beginning November
1, 2018, and continuing through January 31, 2019, the city shall provide for a warning period,
during which the code compliance department shall issue written warnings for violations of the
provisions of subsection (z). Beginning on February 1, 2019, the code compliance department
shall enforce the provisions in subsection (z)that pertain to single-use carry out plastic bags.
Attachment B
Code Violations Issued in FY2018/19 Quarter 1
Case Number Main Address Case Issue Date Description Company name
Status
CC2018-06515 915 LINCOLN Appeal 10/31/2018 Violation of Section 82-381, 82-385, and 82-371: STK SOUTH BEACH,
RD Failing to adhere to the standards, criteria and LLC DBA MEAT
conditions required of sidewalk cafes. MARKET c/o
Reference: Having a total of 137 chairs when the FIELDSTONE,
sidewalk cafe permit allows 100. RONALD
1st Offense $500 Fine
CC2018-06629 613 LINCOLN Appeal 11/27/2018 Violation of Section 82-381, 82-385, and 82-371: RIO STATION JUICE
RD Failing to adhere to the standards, criteria and BAR,INC D/B/A RIO
conditions required of sidewalk cafes. STATION GRILL- C/O
Reference: Storing items outside of sidewalk cafe CARDOSO,
area. RODOLFO E
1st Offense $500 Fine
CC2018-06747 1446 Notice 12/27/2018 Violation of Section 82-385, 82-371: Failing to Miami Cubano LLC
WASHINGTON of adhere to the standards, criteria and conditions DBA/Havana 1957
AVE Violation required of sidewalk cafes. R/A CONSULTING
Reference: Extra table and chairs not included in SERVICES OF SOUTH
site plan, blocking pedestrian path FLORIDA INC
1st Offense $500 Fine