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2017-4144 Ordinance ORDINANCE NO. 2017-4144 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 5, "SIDEWALK CAFES," SUBDIVISION II, "PERMIT," SECTION 82-383 THEREOF, ENTITLED "PERMIT FEE; PENALTIES FOR LATE PAYMENT; REVIEW OF FEE; EXCEPTION," TO ABATE SIDEWALK CAFE FEES FOR BUSINESSES LOCATED NORTH OF 63RD STREET, FROM THE EFFECTIVE DATE OF THIS ORDINANCE THROUGH AND INCLUDING SEPTEMBER 30, 2019; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Chapter 82 of the City Code authorizes the City to collect the following fees to operate a sidewalk cafe on a public right-of-way: an annual permit fee of$150.00, plus $20.00 per square foot of the sidewalk cafe area; and WHEREAS, in prior years, and pursuant to Ordinance Nos. 98-3146, 2000-3237, 2003- 3397, and 2013-3824, the City Commission has waived or abated square footage fees for sidewalk cafes in the North Beach area of the City; and WHEREAS, most recently, on October 14, 2015, the City Commission adopted Ordinance No. 2015-3968, abating square footage fees for sidewalk cafes located north of 63rd Street for a two-year period ending on September 30, 2017; and WHEREAS, the City Commission desires to encourage continued economic development in the North Beach area by extending the sidewalk cafe square footage fee abatement provision for an additional two years through and including September 30, 2019; and WHEREAS, presently, there are twelve (12) restaurants located north of 63rd Street with sidewalk cafes. The total footprint of such sidewalk cafes is equal to 2,902 square feet. 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 payment; review of fee; exception. (a) The annual permit fee for operation of a sidewalk café 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). (1) 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, 2017 2019. The abatement of sidewalk café square footage fees for businesses north of 63rd Street shall be the subject of a budget analysis and review by the city administration by September 30, 2017 2019. 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 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 on October 1, 2017. PASSED and ADOPTED this /1 dayof ('t/ b-e( , A. 7. ATTEST: 'e ' ( /,' / _7 lat Rs 3c t_�.. - "- P p Ler e/. Rafael E. Granado .- ..4 r ayor: ,./ 7A,•,\ !�f .�• 0 A�� '�YCity Clerk pyw4�}�. .•• �\�y p ••. �: /- f • S onsored byVic I_ Riay.,--4,,,z-1,�, i1 ) a \ �, : "„--7;--/- -r- --„.„... Li,,)� a' FATTO\KALN\ORDINA E \Sides e� iir age f§`- ab- =ment North Beach 2017-2019.doc �f 'APPROVED AS TO •Y, \,1 e•• ,, ,�� FORM & LANGUAGE ,, Ve/ ` 2 �� & F E ECUTIO pl 4,((el '-(,.. ••• • moi'' ••. r{'. \-,*,- ,1(,„H .e...,7.1,--<' ' 5 City Attorney Date Ordinances - R5 I M I AAA I BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: October 18, 2017 10:40 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 CITY CODE, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 5, "SIDEWALK CAFES," SUBDIVISION II, "PERMIT," SECTION 82-383 THEREOF, ENTITLED "PERMIT FEE; PENALTIES FOR LATE PAYMENT; REVIEW OF FEE; EXCEPTION," TO ABATE SIDEWALK CAFE FEES FOR BUSINESSES LOCATED NORTH OF 63RD STREET, FROM THE EFFECTIVE DATE OF THIS ORDINANCE THROUGH AND INCLUDING SEPTEMBER 30, 2019; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends approving the Ordinance. ANALYSIS The Miami Beach City Code Chapter 82 authorizes the City to charge restaurants with sidewalk cafés a $150.00 annual permit fee, plus $20.00 per square foot for the café area. In 1998, pursuant to Ordinance No. 98-3146, sidewalk café 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. 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 Café 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" and approved a referral to the Finance and Citywide Projects Committee (FCWPC). In addition, the Commission requested that a new fee abatement program be established for the square footage fee on sidewalk café permits issued for locations north of 63rd Street. At its September 19, 2013, the FCWPC Committee recommended that the sidewalk café fees be waived. At its October 2013 meeting, the City Commission adopted Ordinance No. 2013-3824 which waived square footage fees for sidewalk cafes north of 63rd Street. Page 510 of 1633 At its September 10, 2015 meeting, the City Commission read the Ordinance title into the record and recommended moving forward with a Second Reading Public Hearing. Ordinance 2015-3968 extending the fee waiver until September 30, 2017 was adopted by the City Commission following the public hearing on October 14, 2015. The attached Ordinance extends the fee waiver for an additional two (2) years to September 30, 2019. Presently, north of 63rd Street, there are twelve (12) restaurants with sidewalk cafes with a total footprint of 2,902 square feet. At its September 13, 2017 meeting the City Commission read the Ordinance title into the record and recommended moving forward with a Second Reading Public Hearing. CONCLUSION The Administration recommends approving the Ordinance on Second Reading Public Hearing Legislative Tracking Public Works Sponsor Vice-Mayor Ricky Arriola ATTACHMENTS: Description a form approved ordinance Page 511 of 1633