Ordinance 95-2999 ORDINANCE NO. 95-2999
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
MIAMI BEACH CITY CODE CHAPTER 39, ENTITLED
"STREETS, SIDEWALKS AND PUBLIC FACILITIES" ,
AMENDING ARTICLE VI, ENTITLED "SIDEWALK CAFES"
BY PROVIDING THAT SIDEWALK CAFES OPERATING
FROM BUILDINGS LOCATED IN THE LINCOLN ROAD
CAPITAL IMPROVEMENTS ASSESSMENT DISTRICT SHALL
NOT BE REQUIRED TO PAY A SIDEWALK CAFE PERMIT
FEE UNTIL THE COMPLETION OF THE LINCOLN ROAD
CITY CONSTRUCTION PROJECT; PROVIDING FOR A
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, on October 8, 1992 the Mayor and City Commission
enacted Ordinance No. 92-2808 , which established requirements,
including payment of a permit fee for sidewalk cafes in the City of
Miami Beach; and
WHEREAS, in order to encourage the establishment of sidewalk
cafes on Lincoln Road, sidewalk cafes located there were exempted
from payment of the required permit fee for a period of three (3)
years from the effective date of that Ordinance; and
WHEREAS, this exemption will expire on October 18 , 1995 ; and
WHEREAS, the three (3) year exemption was not applicable to
sidewalk cafes located on side streets adjoining Lincoln Road; and
WHEREAS, the City of Miami Beach is planning a large-scale
construction project for the improvement of Lincoln Road and has
created the Lincoln Road Capital Improvements Assessment District
consisting of properties to be benefitted by the project; and
s
WHEREAS, it is anticipated that sidewalk cafes operating from
buildings located in the Lincoln Road Capital Improvement
Assessment District will experience some disruption and
inconvenience during the period of construction.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1 . AMENDMENT OF SECTION 39-31 .
That Section 39-31 of Article VI, entitled "Sidewalk Cafes" of
Miami Beach City Code Chapter 39, entitled "Streets, Sidewalks and
Public Facilities is hereby amended as follows :
Sec . 39-31 . Permit Fee.
* .
(4) Notwithstanding any other paragraph or provision of this
Article, no permit fee as required by this Section shall be
required for operation of Sidewalk Cafes on Lincoln Road prior to
three (3) years after the effective date of this Ordinance, and
furthermore, no sidewalk permit fee shall be required for the
period of time between , 1995 and the completion of the
Lincoln Road Construction Project for the operation of any sidewalk
cafe from a building located in the Lincoln Road Capital
Improvements Assessment District ; however, a permit must still be
obtained and the base application fee required by Section 39-31
shall be paid.
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* * *
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, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 4 . EFFECTIVE DATE.
This Ordinance shall take effect on the 1st day of
July , 1995 .
PASSED and ADOPTED this 21st day of June , 1995 . .
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ATTEST: AL ,Ae>„0._ __,, ____
MAYOR
dze-t/ . -"45.1 /
CITY CLERK
st reading 6/7/95
2nd reading 6/21/95
SWS:scf:6.0disk8\sidecafe.ord
FORM AP +1 VED
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Date s w s 5-- 30- 95
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO.
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: June 21, 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: ADOPTION OF AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
MIAMI BEACH CITY CODE CHAPTER 39, ENTITLED "STREETS,
SIDEWALKS AND PUBLIC FACILITIES", AMENDING ARTICLE VI,
ENTITLED "SIDEWALK CAFES" BY PROVIDING THAT SIDEWALK
CAFES OPERATING FROM BUILDINGS LOCATED IN THE LINCOLN
ROAD CAPITAL IMPROVEMENTS ASSESSMENT DISTRICT SHALL
NOT BE REQUIRED TO PAY A SIDEWALK CAFE PERMIT FEE UNTIL
THE COMPLETION OF THE LINCOLN ROAD CITY CONSTRUCTION
PROJECT; PROVIDING FOR A REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE. ( SECOND READING)
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Mayor and City Commission adopt the attached second
reading of the ordinance amending the Miami Beach City Code, Chapter 39, entitled "Streets,
Sidewalks and Public Facilities", Article VI, entitled "Sidewalk Cafes", providing that the
sidewalk cafes operating from buildings located in the Lincoln Road Capital Improvements
Assessment District shall not be required to pay the sidewalk permit fee until the completion of
the City's Lincoln Road Improvement Project.
BACKGROUND:
On October 8, 1992, the City of Miami Beach Mayor and City Commission adopted Ordinance
No. 92-2808, which added Article VI to the City Code Chapter 39, entitled "Sidewalk Cafes"
establishing procedures, requirements and permit fees for the operation of sidewalk cafes in the
City.
However, to encourage the establishment of sidewalk cafes on Lincoln Road, the Ordinance
provided a waiver exempting such establishments on Lincoln Road from paying the permit fees
for three years from the date of the Ordinance. This exemption period will expire on October 18,
AGENDA ITEM
DATE 2 9 5
COMMISSION MEMORANDUM Page 2 June 21, 1995
1995, when the City is planning to commence a large scale construction project for the
improvement of the Lincoln Road Capital Improvements Assessment District. In view of the
inconvenience and disruption to these businesses during the construction, this Ordinance was
presented for first reading on June 7, 1995, recommending to extend the permit fee exemption
until the completion of the Lincoln Road Capital Improvements Project.
ANALYSIS:
The base annual application fee of $150.00 as required by Section 39-32 shall still be payable by
the "sidewalk cafe" permit holders on Lincoln Road. The permit fee waived by this Ordinance is
an annual $10.00 per square foot of Usable Sidewalk Area.
There are currently 13 establishments with permits for sidewalk cafes totalling approximately
8000 square feet of usable space. The permit fees to be waived during the construction period
which is estimated at 18 months, is approximately $80,000 a year.
CONCLUSION:
The City Administration feels that to offset the inconvenience and the disruption to the businesses
during the construction and through a recovery period until the following permit renewal date, the
annual permit fee of$10.00 per square foot of space used for sidewalk cafes on Lincoln Road
should be waived.
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