LTC 555-2019 Sidewalk Cafe Code of Conduct Status Update MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. LTC# 555-2019 LE ' ER TO COMMISSION
TO: Mayor Dan Gelber and Members • the City 0 ommission
FROM: Jimmy L. Morales, City Manage ` L
DATE: October 15, 2019
SUBJECT: Sidewalk Café Code of Conduct .tus Update
The purpose of this Letter to Commission is to provide an update and clarity on
enforcement efforts for the recently enacted sidewalk café "Code of Conduct".
On September 11, 2019 the City Commission adopted on second reading a revision to
portions of Chapter 82, as they pertain to sidewalk cafés. These revisions identified and
prioritized enforcement of operator behaviors that negatively impact patrons; thereby
creating the "code of conduct"which requires owners to sign an affidavit acknowledging
these enhanced terms. Effective September 21, 2019, operators citywide were required
to adhere to these provisions and be subject to enhanced penalties. Specific to Ocean
Drive, operators are no longer allowed to verbally solicit patrons as they walk by.
Operators have been bound since this date to comply, regardless of signing the affidavit.
Affidavits are required to be signed upon the issuance of the sidewalk cafe permit,
providing them the opportunity to withdraw their application should they not wish to
comply with the provisions and enhanced penalties.
As the effective date of the "code of conduct" began prior to the October 1st issuance
of new permits, staff utilized the time, from September 21St through September 30th to
perform, as a courtesy, education and outreach. Outreach consisted of communications
with the Ocean Drive Association ("ODA"), email blasts to sidewalk café permit holders
and one on one communications with managers and owners whenever possible. Staff
also provided an FAQ to the ODA to provide additional clarity. The Code Compliance
department also used the time to provide training to Code officers on the new ordinance
and best enforcement methods.
On October 1, 2019, staff shifted the outreach campaign and began enforcement efforts.
Enforcement of the solicitation provision requires code officers to modify their
enforcement strategy. Officers dressed in a uniform are identifiable and solicitations tend
to cease when officers are visible. As such, Code Compliance has altered their approach
and undercover work commenced so that violators could be identified and cited.
Enforcement of solicitations and other portions of the "code of conduct" are proactively
enforced and is not complaint driven. When a complaint is received, Code officers still
investigate it.
Due to the timing of the revisions to sidewalk café ordinances and the permit fee increase,
there was a delay in commencing the permit renewal process this year. This delay meant
invoices were not sent to operators until September 9th. Invoices are typically sent out in
July, allowing operators approximately two months to remit payment and obtain a
sidewalk cafe permit by October 1st
It is important to stress that while there is a delay in sidewalk café permit issuance,
operators must comply with the "code of conduct" immediately. Penalties remain the
same for violations of the "code of conduct" and may prohibit the issuance of those
sidewalk café permits which are still outstanding.Since October 10, 2019, there have been
24 violations issued. Six operators have already received at least two violations. On
October 16'", these six operators will be issued a 24-hour notice to cease operations for
24-hour period on Thursday, October 17th. Penalties increase if further violations are
incurred, including suspension of the license for a weekend and eventual two-year
prohibition on applying for and receiving a sidewalk café permit.
The administration will continue the stringent proactive enforcement of the "code of
conduct" and will also appropriately investigate complaints as they arise. Operators will
be held to the standards established and violators will be addressed accordingly.
JLM/EC/AM
Mehu, Amy
From: Mehu, Amy
Sent: Thursday, September 19, 2019 4:10 PM
To: Ocean Drive
Subject: Code Of Conduct FAQ
Attachments: Code Of Conduct.pdf
Good Afternoon,
Below are some helpful questions and answers for the Code of Conduct. Attached as well, is the
revised section of the code for reference. This first page of the attachment is the enhanced penalty
for violations of the provision.
• What is the Code of Conduct?
o The Code of Conduct are specific provisions within the City's Sidewalk Café Code, that
carve at specific regulations that ensure the highest levels of quality and service, by
café operators.
• Who does this apply to?
o These regulations apply to ALL sidewalk café operators with the following exceptions
applying, currently, only to Ocean Drive:
• Hospitality training program for staff
• Prohibition of verbal enticements (hawking)
• What can be said to a passersby?
o Hostesses and employees must refrain from discussing specials, promotions or services
unless clearly requested by the customer. They can speak about anything other than
the restaurant.
• Can specials be displayed?
o Special boards and advertising are not allowed to be visible from the café or right-of-
way, even if placed on private property.
• How about drink and food displays?
o Café's may not display real or artificial food displays in any manner that is visible from
the right-of-way, even if on private property.
Please let me know if I can assist in any clarifications.
74144,
dAM' BEACH
Amy Mehu - Special Assistant to the City Manager
OFFICE OF THE CITY MANAGER
1700 Convention Center Drive,Miami Beach,FL 33139
Tei:305-673-7010 / Fax:305-673-7782 /http://www.miamibeachfl.gov
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