2013-3824 Ordinance ORDINANCE NO. 2013-3824
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 82, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE
IV THEREOF, ENTITLED "USES IN PUBLIC RIGHT-OF-WAY," BY
AMENDING SECTION 82-383, ENTITLED "PERMIT FEE; PENALTIES FOR
LATE PAYMENTS; REVIEW OF FEE," BY AMENDING SUBSECTION (a)
THEREOF TO ABATE SIDEWALK CAFE SQUARE FOOTAGE FEES FOR
BUSINESSES NORTH OF 63RD STREET THROUGH AND INCLUDING
SEPTEMBER 30, 2015 AND REQUIRING A BUDGET ANALYSIS AND
REVIEW BY THE CITY ADMINISTRATION BY SEPTEMBER 15, 2015;
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, currently, the City of Miami Beach does not charge Sidewalk Cafe fees to
businesses situated on state roads; and
WHEREAS, businesses located on City-owned roads are required to pay Sidewalk Cafe
fees while their competitors directly across the street on State owned road are not required to
pay because the City has no jurisdiction over these roadways; and
WHEREAS, a potentially inequitable situation exists for businesses located on City-
owned roads which are directly across the street from State roads; and
WHEREAS, it is deemed in the best interest of the City to eliminate this inequitable
situation by abating the Sidewalk Cafe fees for businesses located across the street from State
roads through and including September 30, 2015, and requiring budget analysis and review by
the City Administration by September 30, 2015, in order to determine whether the abatement
should sunset on September 30, 2015 or should be extended by Ordinance.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 82-383, of Chapter 82 of the Miami Beach City Code is hereby
amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE IV. USES IN PUBLIC RIGHTS-OF-WAY
DIVISION 5. SIDEWALK CAFES
SUBDIVISION II. PERMIT
Sec. 82-383. Permit fee; penalties for late payments; review of fee; exception:
(a) The annual permit fee for operation of a sidewalk cafe shall be as set forth in appendix
A, and shall be based on a per square foot calculation of permitted sidewalk area
(including the area between the tables and chairs). Notwithstanding any other
paragraphs or provisions of this article, no square footage fee as required by this section
shall be required for the operation of sidewalk cafes north of 63rd Street through and
including September 30, 2015. The abatement of sidewalk cafe square footage fees for
businesses north of 63 d Street shall be the subiect of a budget analysis and review by
the City Administration by September 30, 2015. However a permit must be obtained and
the annual base application fee required by subsection 82-382(b)(9) shall be paid for the
operation of sidewalk cafes north of 63rd Street.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. 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 4. 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
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the day of OC1-�er , 2013.
PASSED and ADOPTED this /lo day of COCA)6-e r , 2013.
ATTEST: ' ;;
T HERRERA BOWER, MAYOR
RAFA L E. GRANADb, CITY L RK
= ' r 1 ��
(Sponsored by Commissioner erry.L�rii� �Rf ED
Underline denotes additions
APPROVED AS TO
FORM &LANGUAGE
denotes deletions. H 2b &FOR EXECUTION
TAAGENDA\2013\September 11\Sidewalk cafe ordinanceamendment 2013.docx
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2
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending
Miami Beach City Code Chapter 82, Entitled "Public Property', By Amending Article IV Thereof Entitled
"Uses In Public Right-Of-Way", By Amending Section 82-383, Entitled "Permit Fee; Penalties For Late
Payments; Review Of Fee," By Amending Subsection (A) Thereof To Abate Sidewalk Cafe Fees For
Businesses North Of 63rd Street, Through And Including September 30, 2015 And Requiring A Budget
Analysis And Review By The City Administration By September 15, 2015; Providing For Repealer,
Codification, Severabilit , And An Effective Date.
Key Intended Outcomes Supported:
N/A
Item Summary/Recommendation:
The Miami Beach City Code Chapter 82 authorizes the City to charge restaurants with sidewalk cafes a
$150.00 annual permit fee, plus $20.00 per square foot for the caf6 area. The City does not charge
Sidewalk Cafe fees for businesses situated on State Roads because they were outside its jurisdiction.
This created a competitive disadvantage for sidewalk cafes on City streets in the North beach Area.
In 1998, pursuant to Ordinance No. 98-3146, Sidewalk Cafe fees were abated during the North Shore
construction project and for a year after completion as an economic development measure. Pursuant to
Ordinance No. 2000-3237 adopted on April 12, 2000, the City Commission extended the fee waiver
provisions to September 30, 2001.
At its January 15, 2003, the Finance and Citywide Projects Committee (FCWPC) recommended that the
City of Miami Beach again waive Sidewalk Cafe fees for all businesses north of 63rd Street and annually
review this waiver at budget time, in order to create a more equitable completion and stimulate business
for sidewalk cafes in the North Beach Area. On February 26, 2003, the City Commission adopted
Ordinance No. 2003-3397 which reinstated the fee waiver provisions subject to a two year budget
analysis and review by the Administration. Later that same year, the City Commission adopted
Ordinance No. 2003-3423 on July 30, 2003 repealing the Sidewalk Cafe fee abatement provisions.
At its July 19, 2013 meeting, the City Commission heard Item R9P, "A Discussion To Immediately
Reinstate The Fee Waiver For Sidewalk Cafes In North Beach" submitted by Commissioner Jerry
Libbin, and approved a referral to the Finance and Citywide Projects Committee (FCWPC), and
requested that the item be brought back to the City Commission with a proposed Ordinance.
In addition, the Commission requested that a new fee abatement prorpram be established for the square
footage fee on sidewalk cafe permits issued for locations north of 63 Street.
Street.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON SECOND READING
PUBLIC HEARING.
Advisory Board Recommendation:
At its September 19, 2013 FCWPC meeting, the Committee's recommendation was to waive the
sidewalk caf6 fees, except for concurrency, and to bring the item back to the full.Commission in
October.
Financial Information:
Source of funds # Amount Account Approved
1
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Eric Carpenter, ext 6012
Sign-Offs:
Department Director As ' nt City Manager C anager
ETC Uln MT J LM
TAAGENDA\2013\0ctober 16\Sidewalk cafe ordinance amendment-SUMM.docx
AIML CL
AGENDA ITEM R Z
IiEgp MIAMIREA DATE-10-16-1-3
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and PORAND the City Commission
FROM: Jimmy L. Morales, City Manager COND READING
PUBLIC HEARING
DATE: October 1b,' 2013
SUBJECT: AN ORDINANCE OF THE MA CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 82,
ENTITLED "PUBLIC PROPERTY', BY AMENDING ARTICLE IV THEREOF
ENTITLED "USES IN PUBLIC RIGHT-OF-WAY", BY AMENDING SECTION 82-383,
ENTITLED "PERMIT FEE; PENALTIES FOR LATE PAYMENTS; REVIEW OF FEE,"
BY AMENDING SUBSECTION (a) THEREOF TO ABATE SIDEWALK CAFE FEES
FOR BUSINESSES NORTH OF 63RD STREET, THROUGH AND INCLUDING
SEPTEMEBER 30, 2015 AND REQUIRING A BUDGET ANALYSIS AND REVIEW
BY THE CITY ADMINISTRATION BY SEPTEMBER 15, 2015; PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Ordinance on Second Reading Public Hearing.
BACKGROUND
The Miami Beach City Code Chapter 82 authorizes the City to charge restaurants with sidewalk
cafes a $150.00 annual permit fee, plus $20.00 per square foot for the cafe area. The City does
not charge Sidewalk Cafe fees for businesses situated on State Roads because they were
outside its jurisdiction. This created a competitive disadvantage for sidewalk cafes on City
streets in the North beach Area.
In 1998, pursuant to Ordinance No. 98-3146, Sidewalk Cafe fees were abated during the North
Shore construction project and for a year after completion as an economic development
measure. Pursuant to Ordinance No. 2000-3237 adopted on April 12, 2000, the City
Commission extended the fee waiver provisions to September 30, 2001.
At its January 15, 2003, the Finance and Citywide Projects Committee (FCWPC) recommended
that the City of Miami Beach again waive Sidewalk Cafe fees for all businesses north of 63rd
Street and annually review this waiver at budget time, in order to create a more equitable
completion and stimulate business for sidewalk cafes in the North Beach Area. On February 26,
2003, the City Commission adopted Ordinance No. 2003-3397 which reinstated the fee waiver
provisions subject to a two year budget analysis and review by the Administration. Later that
Sidewalk Cafe Ordinance Amendment- Memo
October 16, 2013
Page 2 of 2
same year, the City Commission adopted Ordinance No. 2003-3423 on July 30, 2003 repealing
the Sidewalk Cafe fee abatement provisions.
At its July 19, 2013 meeting, the City Commission heard Item R9P, "A Discussion To
Immediately Reinstate The Fee Waiver For Sidewalk Cafes In North Beach" submitted by
Commissioner Jerry Libbin, and approved a referral to the Finance and Citywide Projects
Committee (FCWPC), and requested that the item be brought back to the City Commission with
a proposed Ordinance.
In addition, the Commission requested that a new fee abatement program be established for the
square footage fee on sidewalk cafe permits issued for locations north of 63rd Street.
At its September 19, 2013, the FCWPC Committee recommended that the sidewalk cafe fees
be waived, except for concurrency, and to bring the item back to the full Commission in October.
CONCLUSION
The Administration recommends approving the Ordinance on Second Reading Public Hearing
Attachments: City Code Chapter 82 draft Ordinance
till
MT/ /JJ F
TAAGENDA\2013\0ctober 16\sidwalk cafe ordinance amendment-MEMO.docx
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