2017-4082 Ordinance ORDINANCE NO. 2017-4082
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC
PROPERTY," BY AMENDING ARTICLE IV, ENTITLED "USES IN
PUBLIC RIGHTS-OF-WAY," BY AMENDING DIVISION 5, ENTITLED
"SIDEWALK CAFES," BY AMENDING SUBDIVISION II, ENTITLED
PERMIT," BY AMENDING SECTION 82-381, ENTITLED "PERMITTED
AREAS; CONDITIONAL PERMIT; CITY MANAGER'S RIGHT TO
REMOVE SIDEWALK CAFES," BY AMENDING THE REQUIREMENTS
FOR THE SEPARATE ITEMIZATION AND DISCLOSURE OF
GRATUITIES, SERVICE CHARGES, AND TAXES ON CUSTOMERS'
BILLS AND RECEIPTS; BY AMENDING SECTION 82-382, ENTITLED
"APPLICATION," BY AMENDING THE APPLICATION
REQUIREMENTS TO INCLUDE AN AFFIDAVIT STATEMENT OF
COMPLIANCE WITH THE ITEMIZATION AND DISCLOSURE
REQUIREMENTS REGARDING GRATUITIES, SERVICE CHARGES,
AND TAXES; BY AMENDING SECTION 82-385, ENTITLED "MINIMUM
STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF
SIDEWALK CAFES," BY AMENDING THE CONDITIONS FOR THE
OPERATION OF SIDEWALK CAFES TO INCLUDE THE ITEMIZATION
AND DISCLOSURE OF GRATUITIES, SERVICE CHARGES, AND
TAXES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, in order to prevent deceptive or misleading practices in the operation of the
City's sidewalk cafes relating to bills and receipts provided to tourists and residents that
patronize such establishments, gratuities, tips, service charges, and taxes should be disclosed
on customers' bills and receipts; and
WHEREAS, the itemized disclosure of gratuities, tips, service charges, and the
disclosure of the combined percentage and amount of all City, County, and State taxes on the
face of bills and receipts will foster greater transparency in the operation of sidewalk cafes.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 82-381 of Subdivision II of Division 5 of Article IV of Chapter 82 of
the Code of the City Miami Beach 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. 82-381. Permitted areas; conditional permit; city manager's right to remove
sidewalk cafes; required disclosures on menus, bills, and receipts.
* * *
(h) A sidewalk cafe must display or disclose prices for food and drink menu item(s), or display
or disclose those prices for any food and drink menu special(s). The displayed price for the
food or drink menu item(s) or food and drink menu special(s) must be in a size (font) and
typeface, which is at least as large as the name of the menu item.
(i) A sidewalk cafe that automatically includes a gratuity or service charge, either in the price
of the meal or drink or separately imposed for all items ordered, must be displayed on the
menu and on the face of the customer's bill. This disclosure serves to provide the customer
notification that an automatic gratuity or service charge is being included by the sidewalk
cafe operator. The disclosure of the gratuity or service charge within the menu or bill must
not be smaller than 12 riming font.
A sidewalk cafe operator that includes a gratuity or tip as a charge must separately itemize
and state the amount of this charge on the face of the customer's bill and receipt, and such
gratuity or tip must only be calculated on the pre-tax sale amount of the food or drinks. A
sidewalk cafe operator that includes a service charge, minimum charges, corkage fees, set
up fees, or similar charges, must itemize and separately state such charges on the face of
the customer's bill and receipt. A sidewalk cafe operator must itemize ,u scpg, ely state
the total combined percentage and amount of City, County, and State taxes on the face of
the customer's bill and receipt.
SECTION 2. That Section 82-382 of Subdivision II of Division 5 of Article IV of Chapter 82 of
the Code of the City Miami Beach 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. 82-382. Application.
(a) A sidewalk cafe permit shall be effective for one year, from October 1 until September 30 of
the following year.
(b) Application for a permit to operate a sidewalk cafe shall include, but not be limited to, the
following information:
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(16) A sample menu that will be used by the sidewalk cafe to display or disclose prices for
food and drink menu item(s), or display or disclose those prices for any food and drink
menu special(s). The sample menu must display or disclose food or drink menu
item(s) or food and drink menu special(s) in a size (font) and typeface that is at least
as large as the name of the menu or food item.
(17) An affidavit by the sidewalk cafe that the inclusion of an automatic gratuity or service
charge, either in the price of the meal or drink or separately imposed for all items
ordered, will be disclosed on the menu and the face of the customer's bill and receipt,
and that the total combined percentage and amount of City, County, and State taxes
will also be separately itomizod stated on the face of the customer's bill and receipt.
The affidavit shall must state that the notification to the customer of an automatic
gratuity or service charge and the itemization statement of the total combined
percentage and amount of City, County, and State taxes, isare being included
consistent with, and pursuant to, those requirement(s) set forth in Sections 82-381(i)
and (I).
* * *
SECTION 3. That Section 82-385 of Subdivision II of Division 5 of Article IV of Chapter 82 of
the Code of the City Miami Beach 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. 82-385. Minimum standards, criteria, and conditions for operation of sidewalk cafes.
* * *
(w) A sidewalk cafe that automatically includes a gratuity or service 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(17).
ILO A sidewalk cafe that fails to separately itemize and state
(1) gratuities or tips;
(2) service charges, minimum charges, corkage fees, set up fees, or similar charges, or
(3) the total combined percentage and amount of City, County, and State taxes
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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 Sections
82-381(i) and 82-382(17).
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. 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 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 7. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days following adoption.
PASSED AND ADOPTED this / day of MQr'Ch_ , 2017.
/
ATTEST: Mayor Philip Lev, y,; i
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< ' APPROVED AS TO
Rafael E. Granado, City Clerk h -'cI: ,\*," FORM&LANGUAGE
e .. &FOR EXECUTION
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Underline denotes additions iC•
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denotes deletions .0
(Sponsored by Commissioner Michael-Grieco)
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Ordinances -R5 L
MIAMI B , H
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: March 1, 2017
10:50 a.m. Second Reading Public Hearing
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING
ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," BY AMENDING
DIVISION 5, ENTITLED "SIDEWALK CAFES," BY AMENDING SUBDIVISION II,
ENTITLED PERMIT," BY AMENDING SECTION 82-381, ENTITLED "PERMITTED
AREAS; CONDITIONAL PERMIT; CITY MANAGER'S RIGHT TO REMOVE
SIDEWALK CAFES," BY AMENDING THE REQUIREMENTS FOR THE
SEPARATE ITEMIZATION AND DISCLOSURE OF GRATUITIES, SERVICE
CHARGES, AND TAXES ON CUSTOMERS' BILLS AND RECEIPTS; BY
AMENDING SECTION 82-382, ENTITLED "APPLICATION," BY AMENDING THE
APPLICATION REQUIREMENTS TO INCLUDE AN AFFIDAVIT STATEMENT OF
COMPLIANCE WITH THE ITEMIZATION AND DISCLOSURE REQUIREMENTS
REGARDING GRATUITIES, SERVICE CHARGES, AND TAXES; BY AMENDING
SECTION 82-385, ENTITLED "MINIMUM STANDARDS, CRITERIA, AND
CONDITIONS FOR OPERATION OF SIDEWALK CAFES," BY AMENDING THE
CONDITIONS FOR THE OPERATION OF SIDEWALK CAFES TO INCLUDE THE
ITEMIZATION AND DISCLOSURE OF GRATUITIES, SERVICE CHARGES, AND
TAXES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
RECOMMENDATION
Pursuant to the request of Commissioner Michael Grieco, the attached Ordinance was submitted for
consideration by the Mayor and City Commission at the February 8, 2017 Commission Meeting and
was passed on First Reading. Minor text amendments approved at First Reading have been made
and the revised Ordinance is submitted for consideration on Second Reading/Public Hearing.
Legislative Tracking
Office of the City Attorney
Page 504 of 1025
Sponsor
Commissioner Michael Grieco
ATTACHMENTS:
Description
❑ Ordinance
Page 505 of 1025