2010-3698 Ord_ _:
i
2010-3698 !
ORDINANCE NO.~____
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING, RESPECTIVELY, APPENDIX A TO SECTION 82-
383(a), AND APPENDIX A TO SECTION 50-3(z) OF THE CITY CODE, TO MODIFY
THE SIDEWALK CAFE OCCUPANCY FEE AND THE SIDEWALK CAFE PROPANE
TANK HEATER FEE; PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, sidewalk cafes provide a unique environment for relaxation and food.
and beverage consumption; and
WHEREAS, sidewalk cafes encourage pedestrian traffic to these areas; and
WHEREAS, sidewalk cafes can impede traffic flow in these areas; and
WHEREAS, there is a need for regulations and standards for the existence and
operation of sidewalk cafes to facilitate and ensure a safe environment; and
WHEREAS, the City charges fees to offset the cost of staff who review sidewalk
cafe permit applications and who conduct inspections.
WHEREAS, 'staff from .Fire, Public Works, Planning, and the Building
Departments performed a Cost Recovery Analysis for both sidewalk cafe fees and
propane tanks; and
WHEREAS, this Cost Recovery Analysis indicated that the ,City should charge
approximately $20 per square foot for sidewalk. cafes, and create an additional fee for
establishments with propane tank heaters to recover costs related to these items; and
WHEREAS, the Finance and Citywide Projects Committee, at its July 7, 20.10
Meeting, recommended increasing sidewalk cafe permit fees from $15 per square foot to
$20.00 per square foot, over atwo-year period, and recommended that sidewalk cafes
that use propane tanks should also incur an annual compliance inspection fee.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that Miami Beach City
Code Chapter 82, "Public Property," and Chapter 50, "Fire Prevention and Protection"
are hereby amended to read as follows:
SECTION 1.
Appendix A Fee Schedule
82-383(a) Annual fee, per square foot of usable sidewalk area, including the
area between tables and chairs ............. egg
effective October 1 2010 $17 50
ive October 1, 2011 ............ $20.00
c~r_-rin~ ~ i .
Appendix A Fee Schedule
50-3(z) Sidewalk Cafes -Propane Tank Heaters per establishment
effective October 1, 2010 . ~ 25.00,
effective October 1, 2011 ..~~-A9 25.00
SECTION 3. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 4. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is held to be invalid
or unconstitutional by any court of competent jurisdiction, then said holding shall
in no way affect the validity of the remaining portions of this ordinance.
SECTION 5. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and
be made a part of the Code of the City of Miami Beach, Florida. The sections of
this ordinance may be renumbered or relettered to accomplish such intention,
and the word ordinance may be changed to section , article,, or other
appropriate word.
SECTION 6. EFFECTIVE DATE
This Ordinance shall take effect the 1st day of October , 2010.
PASSED and ADOPTED this 20th day of .September , 2010.
ATTEST:
MAYOR
'\ APPROVED AS T~O~ ~=
:FORM & LANGUAGE
~ FOR EXECUTION .
q ~ ~D
Cafe Ordinance - reso.doc
*, - Data
I~ IAt~~- -~~.~~t
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amending the
Sidewalk Cafe fees.
Key Intended Outcome Supported:
Increase resident satisfaction with the level of services and facilities.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction
Survey, approximately 40% of retail businesses surveyed ranked Miami Beach as one of the best places to
do business and 61 % of the same group would recommend Miami Beach as a place to do business
Issue:
Shall the City Commission approve the amendment to the Ordinance on second reading?
Item Summa /Recommendation:
The City Commission has determined that sidewalk cafes provide a unique environment for relaxation and
food and beverage consumption. They encourage pedestrian traffic in the areas in which they are located.
However, these sidewalk cafes could impede the flow of traffic. As a result, there is a need for regulations
and standards for the existence and operation of sidewalk cafes to facilitate and ensure a safe
environment. The City charges fees to cover the cost of staff who review sidewalk cafe permit applications
and who conduct inspections.
The City has a staff member dedicated to reviewing applications for sidewalk permits and inspecting
sidewalk cafes. Additional members of the staff assist in the sidewalk cafe permit application reviews.
These costs are covered by assessing a fee based upon the square footage of the sidewalk cafe. The City
last changed the fee to $15.00/square foot on October 1, 2004.
The City's Finance and Citywide Projects Committee has agreed to a $5.00/square foot increase over the
next two years. Therefore, it is proposed to increase the fee to $17.50/square foot for Fiscal Year 2010,
beginning October 1, 2010, and to $20.00/square foot for Fiscal Year 2011, beginning October 1, 2011.
In addition, the City needs to assess a fee to offset the cost of inspecting propane tank heaters. As
recommended by the Finance and Citywide Projects Committee, the proposed fee is $25.00/sidewalk cafe
that uses propane tank heaters.
The ordinance amendment was approved on first reading at the City Commission Budget Hearing of
September 15, 2010.
THE ADMINISTRATION RECOMMENDS APPROVING THE AMENDMENT TO THE ORDINANCE ON
SECOND READING.
~-aviso rsoara rcecommenaation:
Finance and Ci ide Projects Committee Jul 7, 2010
Financial Information:
Source of Amount Account Approved
Funds: ~
~2
3
14
OBPI Total
Financial Im act Summa
~~< <.ierK s vrr~ce Le is~ative i racKin
Fernando Vaz uez, Public Works, x6399
Sign-Offs:
Department Dire ~ Assistant City Manager City Manager
FHB JGG JMG ,
~ •v1vL~gIJr'\\LV I V\JC~.JlC111UC1 cuviceyuiar~~iaewaiK c,aTe~ainance - summary.doc
A+C~EtVE~A tT`LM ~ ~~
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t3ATE -+a(~-
m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager
September 20,
AN ORDINAN
MIAMI BEAC
SECTION 82•
CODE, TO N
SIDEWALK
REPEALER,1
The Administration recd
reading.
BACKGROUND
10 / J ~~ SECOND READING
v PUBLIC HEARING
OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
FLORIDA, AMENDING, RESPECTIVELY, APPENDIX A TO
~(a), AND APPENDIX A TO SECTION 50-3(z) OF THE CITY
IIFY THE SIDEWALK CAFE OCCUPANCY FEE AND THE
FE PROPANE TANK HEATER FEE; PROVIDING FOR
)IFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
ends that the City Commission approve the ordinance on seco
The City Commission recognizes that sidewalk cafes provide a unique environment for relaxatio
and food and beverage consumption. They encourage pedestrian traffic in the areas in which they
are located and are part and parcel to the successful economic development of the City. However,
these sidewalk cafes are located in areas of high pedestrian volume and their co-existence with
various stake holding interests within the right-of--way must be properly regulated.
ANALYSIS
This year, as part of a budget process that needed to identify ways to address a $32 million budget
gap and still maintain services, the City has evaluated all components of the budget including
employee salaries and benefits, potential efficiencies, and revenue enhancements. At the July 7!
2010 Finance and Citywide Projects Committee (FCWPC), the sidewalk cafe permit fee was
recommended to be increased.
.I
The City Commission last increased sidewalk cafe fees through Ordinance 2003-3423, which raised
the fees from $10.00 per square foot to $12.50 per square foot effective October 1, 2003 ands
increased it to $15.00 per square foot effective October 1, 2004.
,I
At the July 7, 2010 meeting, the FCWPC discussed and recommended increasing sidewalk cafe
permit fees from $15.00 per square foot to $20.00 per square foot. In order to soften the impact of
this fee increase, the Committee believed, the increase should be implemented over atwo-year
period. Thus, effective October 1, 2010, the fee should increase to $17.50 per square foot. Thei
second $2.50 increase, to a full fee of $20.00 per square foot, should take effect October 1, 2011.;
The FCWPC also recommended that sidewalk cafes that use propane tanks should also incur an ~
annual compliance inspection fee. For the year beginning October 1, 2010, the fee should be $25
per establishment. ~ ;
i
Commission Memorandum -Sidewalk Cafe Fees ~
September 20, 2010 ~ '
Page 2 of 2
For Fiscal Year 2010, it is estimated that the City will collect approximately $1.2 million in sidewalk
cafe permit fees.. This is projected to increase to approximately $1.4 million in Fiscal Year 2011 and
$1.6 million in Fiscal Year 2012.
The ordinance amendment was approved on first reading at the City Commission Budget Hearing of
September 15; 2010. ~ i
CONCLUSION
The Administration recommends approval of the ordinance amendment on second reading.
1
JMG/JGG/FHB/FV
T:\AGENDA\2010\September 20\ iegular\Sidewalk Cafe Ordinance - 2nd Reading memo.doc
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NOTICE~IS HEREBY,given that a Special Commission Meeting will be held by the City Commission of the City of
Miam~Bea_ch,:Florida,~on MondayrSeptemtier 20, 2010 commencing-at 5:~ P.M., for the following Second
~. .Reading Public Hearings.in tfie:Commission Chambers, 3rd floor,-City Ha11,1700 Convention.CenterDrive,Mlami
t::
-:Beach,~Flonda to adtlition, tFie _City Commission will be discussing.other C'rty:business at`this'r~eeting
~~~ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE~CffY.OF MIAMI BEACH, FLORIDA,.~AMENDING,
'RESRECTNELY; APPEi~DIX"ATb SEGT1bN 82 38.3(a), ANl) APPENDIX A TO~ SECTION'~50 3(z) O,F7HE CIl'Y' BODE,
"'T'0 MQDIF~( THE ~IDEINALK-~CAF~ ~OCEUpANG~f FEE. AND THE SIDEWALK .CAF~'PROP~ANETA~1K ~HEAT~E~t-FEE; .
~.- ,, :.
.: ~ PROVIDING FOR REPEALER.; £ODJFICATION,,SEVERABILiTY,AND AN EFFECTIVE:DATE'
_ ,_ :. _ ..~ .: :LL .
. ;Ingrlmes may tie directed to~Pubiic Works Department at (305) 673-7080.
'ORDINANCE AMENDING ORDINANCE N0.78.9, THE CLASSIFIED EMPLOYEES' $AIARY ORDINANCE;~PROVIDING `
- :~.. • _
=FOR THE GROUP 1 GLASSIFIC_ A710NS, BEING THOSE CLASSIFICATIONS COVERED: BYTHEAMERICAN FEDERATION
O.F ~.$TATE;-COUNTY ,AND .MUNICIPAL EMPLOYEES/LOCAL N0.,1554 (AFSCME), BY TRANSFERRING THE
CLASSIFICATIONS- OF BUILDING SERVICES TECHNICIAN, CONCESSION ATTENDANT, CUSTOMER SERVICE
= REPRESENTATNE;`ICE_RINKTECHNICIAN, RECREATION`LEADER I; RECREATION.CEADER'II, SGHOOL GUA~D.;~AND
STOREKEEPER' 111 FROM GROUP VI, BEING- CLASSIFICATIONS IN THE GLASSIFI RVICE NOT °GOVEREQ .BY -
A BARGAINING UNIT ~"OTHERS': TO GROUP. I, AND BY ABOLISHING THI: CLAS-TLON~OF STORES :CLERK
`~ ..FROM GROUP I; PROVIDING FOR THE CLASSIFICATIONS IN GROUP V,-BEING THOSE CLASSIFICATIONS COVERED
- ~~ BY THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDAIOPIEIt LOCAL .100.(GSAj; BY ABOLISHING~'FHE~
~,:
' CLASSIFICATI~NS`OE PARKING FACILITIES SUPERVISOR, PROPERTY MANAGEMENT;OPERATIONS SUPERVISOR
AND- TENNIS' CENTER ~SUPERVISOR'EROM GROUP 11; PROVIDING FOR CLASSIFICATIONS., IN .GROUP 111, ,BEING
CLASSIFICATIONS IN THE CLASSIFIED SERVICE NOT COVERED. ~ BY A~ BARGAINING ,UNIT ("OTHERS"), BY-
ESTABLISHING THE-CLASSIFICATIONS OF FIRE INSPECTOR I AND SEASONAL RECREATIONAL AIDE, AND~BY
' TRANSFERRING THE CLASSIFICATIONS OF BUILDING SERVICES TEGHNICIAN~ CONCESSION .ATTENDANT,
y {
'' Z ~ CUSTOMER~SERVICE REPRESENTATNE, ICE RINK TECHNICIAN, RECREATION LEADED 1; RECREATION LEADER II,
~- SCHOOL GUARD, AND STOREKEEPER III FROM GROUP VI TO GROUP I; PROVIDING-FOR REPEALER; SEVERABILITY,
. _-- AND AN EFFECTIVE GATE, : ~ ~- ~.: - - .. _ .
Inquiries rnay'be directed~to Human Resources at.(305) 673-7520. ~ - •~
- ORDINANCE OF THE MAYOR.AN~'CITY COMMISSION~OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE
CODE.OF. THE,CITY OF. MIAMI BEACH, `BY`AMENDING CHAPTER ~1.Ofi, -ENTITLED "TRAFFIC`ANU VEHICLES;" $Y
' ~ AMENDING~,ARTICLE~II, ~NTITLED=`'METERED PARKING," BY AMENDING>.DMSION 1, ENTITLED "GENERALLY,° '
= _- ~ BY-AMENDING SECTION 106=55, ENTITLED "PARKING RATES; FEES, AND ,PENALTIES;"-BY~AMENDINGPARKING
~: METER RATES AND TIME OMITS IN THE SOUTH BEACH PARKING ZONE AND AMENDING THE' FEES FORTHE HOTEL
- ~ HANG TAG.I?ROGRAM;PROVIDING=FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE ;DATE.
Inquiries~mey-be directed ~to~the Parking Department at (305) 673-7275. -
.. ,~a . - -
INTERESTED ~ PARTIES ~ are invited to appear _at this meeting or : be represer>ted by~ an agent ,or to •express
their viewsrin °writing addressed to the City Commission c% the City Clerk; 1700:Convention Center Drive,
, ~1~~Floor'City~HaII;~MamBeach=Florida 33139. This meeting~,may be opened and continued and.under such -
„circumstances~additional-legal notice would not be provided. -
.• -- _ - r-
~.. 3 '~ _ ~ - ~ ~ Robert E. Parcher, City Clerk
~~': :. R
i.- ~ _ -.. - City of Miami.Beach
• _. Pursgant. to` Section ~286:0~.05, .FL:,Statutes, .the City,heieby ~ad~ises the pufJlic~'that. If ~a person decidas to
.. appeal;arty ;decision~matle by'the Citr.TComrhission,with respect to~any~matter considered.at its meetirjg or•its
3 , ;hearing, suctj::person~must-ensu~e<that a verbatim record of-the proceedings-.is made, which record inGudes_
,..
=~, thetestimorly~and;EVidepce.upan:vuhichthe appealis~to~~be.based:~~This notice does~not constitute consent by =
~the;City fer~he rntrvduc'bon-or admission of.otheruvise~inadmissitile. or irrelevar~~.evidence,~nor.does. it authorize. `
_ .. -
~challer~gesnr__aPPealsnQt.otherwise-allowed'by~law. - ;"
4 ,_ _ _ - .
• v In accordarite ,w[tM- the -Americans with-Disabilities~Act~f 1-990, persons.needing.speclal .accommodation to '-
pa~ticrpate rnthis proceeding; or to-regeest'informationrori~access for persons wrth disabilities; or.: to request this ~"
. ; =:publication:ir;accessible°format; or to:request sign )angua~e interpreters; should. contactahe Ciijr Clerk's office
~' .at (3Q5)~673 7411; no::taterthan-four days~prior3o #he_proceedirig:°~If~hearing ~mpaired.corrtact~ttie City:Clerk's ;
tio~fice.viattie.Flonda~Relay~~enrice<num6er&;'(8D0)-955=8771~(TTYpor(800).9a5-8770 (VOICE):, ~, .-A`D#625~°
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