Ordinance 97-3092741.
ORDINANCE NO. 97-3092
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
ARTICLE VI OF MIAMI BEACH CITY CODE CHAPTER 39, ENTITLED
"SIDEWALK CAFES"; REQUIRING PERMISSION FOR THE OPERATION OF
SIDEWALK CAFES BY ANY AFFECTED TENANTS; PROVIDING FOR
PENALTIES FOR OPERATING A SIDEWALK CAFE WITHOUT A PERMIT;
PROVIDING FOR A UNIFORM LOCATION AND WIDTH OF THE
PEDESTRIAN PATH; PROVIDING FOR A DEFINITION OF A FULL-SERVICE
RESTAURANT; PROVIDING FOR A DEFINITION OF A MENU BOARD;
PROVIDING FOR A DEFINITION OF A 'SPECIALS' BOARD; PROVIDING
FOR AN OFFICIAL CITY -APPROVED SIDEWALK CAFE SITE MAP;
PROVIDING FOR THE REVIEW OF THE APPLICATION BY ADDITIONAL
CITY DEPARTMENTS INCLUDING PLANNING, FINANCE, AND
BUILDING; PROVIDING FOR COMPLIANCE WITH THE FLORIDA
ACCESSIBILITY CODE FOR BUILDING CONSTRUCTION; PROVIDING
FOR REMOVAL AND STORAGE FEES FOR REMOVED EQUIPMENT;
INCREASING LIABILITY INSURANCE REQUIREMENTS ; PROVIDING FOR
REPEALER, SEVERABILITY, AND EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1. That Article VI of Chapter 39 of the Miami Beach City Code, entitled
"Sidewalk Cafes" is hereby amended to read as follows:
ARTICLE VI. SIDEWALK CAFES
Sec. 39-28. Declaration of Necessity and Intent.
It is hereby found and declared:
(1) That there exists the need for outdoor eating establishments (Sidewalk Cafes) in
certain areas of Miami Beach to provide a unique environment for relaxation and food
consumption.
(2) That the existence of Sidewalk Cafes encourages additional pedestrian traffic to
these areas.
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(3) That the presence of Sidewalk Cafes may thus impede the free and safe flow of
pedestrian traffic.
(4) That there is a need for regulations and standards for the existence and
operation of Sidewalk Cafes to facilitate and ensure a safe environment in these areas.
(5)
That the establishment of permit conditions and safety standards for Sidewalk
Cafes is necessary to protect and promote the general health, safety, and welfare of the
residents of the City of Miami Beach.
ldt ttlett rS d need to encourage ttie eStd bIlStlrrlent uI Sid vaik Cdles Un
1 inwln Rudd, and therefore llle perm' t lee 11r1p0Sed f.,y tfle City for Such uses should EJe
Wdived fur d tfrree year penuci curnnienung un lire effective date of thr5 Orc�nrdnce.
1 luwever, a pernnt must stiff fie ubtanreci anti the bdSe dppllcdtrurl fee pdrei.
Sec. 39-29 Definitions.
When used in this Article, the following words shall have the following meanings:
"Director" means the City Manager of the City of Miami Beach or his/her designee.
"Full -Service Restaurant" means any food service establishment that is maintained and
operated as a place where food and beverages are prepared, served, and sold for
consumption within the premises.
"Menu Board" means a board allowing for the posting of the subject establishment's
complete menu and fabricated in such a manner so as not to constitute a form of general
advertising or establishment identification. The "Menu Board" shall be no larger than 4
square feet, may not be internally illuminated, the top of the sign shall not exceed 5'6" from
grade.
"Permittee" means the recipient of a Sidewalk Cafe Permit under the terms and
provisions of this Article.
"Right-of-Way" means land in which the State, the Florida Department of
Transportation, Dade County, or the City of Miami Beach owns the fee or has an easement
devoted to or required for use as a transportation facility or street.
"Sandwich Board Sign" means a free-standing, A-frame structure located on a Sidewalk
or Street which may be affixed in position or collapsible and which contains a "sign" as
defined in Zoning Ordinance No. 89-2665 and amendments thereto.
"Sidewalk" means that portion of the Right-of-Way which is located between the curb
line or the lateral line of a Street and the adjacent property line and which is intended for
use by pedestrians; provided that on Lincoln Road Mall "Sidewalk" shall mean Right-of-Way
as defined above but shall only refer to that area between the property line and the center
line of the Right-of-Way, exclusive of landscaped areas and a twelve-teu foot-wide
easement for vehicular access.
"Sidewalk Cafe" means a use located on a public Sidewalk which is associated with a
full-service restaurant ur food estdblisl;men t where food and yr beverages are prepared,
served, and sold and are delivered for consumption on the sidewalk preltllst s but riot
tidying Louking 01 refrlgerdtlun equipment . It is characterized by tables and chairs and
may be shaded by awnings, canopies or umbrellas if permits for same have been issued
obtained.
"Sidewalk Cafe Site Map" means a City-approved map detailing the location of the
pedestrian pathway as it relates to a Sidewalk Cafe. The "Sidewalk Cafe Site Map" shall be
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available for viewing in the Planning Design and Historic Preservation Division.
"Sign" or "Signs" shall have the same meaning as provided for in Section 3-2A of the
City's Zoning Ordinance No. 89-2665.
"'Specials' Board" means a board allowing for the posting of the subject establishment's
daily specials and fabricated in such a manner as to not constitute a form of advertising or
establishment identification. The "'Specials' Board" shall be no larger than 4 square feet
may not be internally illuminated, and the top of the sign shall not exceed 5'6" from grade.
"Street" means that portion of a Right -of -Way improved, designed or ordinarily used for
vehicular traffic or parking.
"Usable Sidewalk Area" means the frontage of the property times the width of the
Sidewalk less five (5) feet.
Sec. 39-30. Permit Required.
It shall be unlawful for any person to operate a Sidewalk Cafe on any Sidewalk or public
Right -of -Way within the City without obtaining a permit as required by this Article.
Sidewalk Cafes shall only be located where permitted by the City's Zoning Ordinance No.
89-2665 and amendments thereto. No person shall establish a Sidewalk Cafe on any public
Roadway or Sidewalk unless such person has obtained a valid permit to operate that
Sidewalk Cafe pursuant to this Article.
After thlrly (30) days Crum the effective dale of this urdlrldIlLe any person ur entity
operating a SItfewdtk Cdte witd permit ur any pruperly owner (.1 CAVIL'S' the operation
Ul d JIUeWdIK Ldle
a prETTIrrt Lip url rTr /rrer7rrs propeny snarl nae suuject to
ell lurcerrienl and perrdllres as proviueu in Midrni Beach City Coate Chapter 9B.
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The Director shall have the right to remove, after twenty-four (24) hours notice, any
tables, chairs and other objects on public property which are used in connection with a
Sidewalk Cafe which does not have a permit.
Sec. 39-31. Permit Fee; Renewal Fee: Penalties For Late Payments For
Renewal Fee.
(1) The annual permit fee for establishing or maintaining a Sidewalk Cafe shall be
Ten Dollars ($10.00) per square foot of Usable Sidewalk Area, including the area between
the tables and chairs, as determined by the Director.
u The Director may suspend or prorate the annual permit fee in cases of public
construction or emergency situations.
(23) The permit fee shall be paid on or before October 1 and shall cover the time
period from October 1 through September 30 of the following calendar year, except that
where if the permit fee exceeds two thousand dollars ($2,000) the fee may be paid in two
(2) semiannual increments installments, the first to be due on October 1 and the second tB
be due on April 1. Provided, however, that for tfie 1992-93 year, the fee shaand
payable 011 or prior to November 1st and shall be prordted for do eleven-rrionth period. No
ticerise permit shall be issued for any fractional portion of thea year, provided, however,
that , but any person or entity operating a Sidewalk Cafe for a period beginning after April
May 1 of any year may obtain a permit for the remaining portion of the fiscal year upon
payment of one-half of the permit fee required by this Article. Except as provided in
Section 39-343 no refund of the fees shall be granted.
Late payments for permit renewal fees shall accrue at the rate of 10% per annum
for the first thirty days. if the permit renewal fee is not paid within sixty days after it is due,
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the permit shall terminate automatically. Any continued operation of the Sidewalk Cafe
after termination shall be construed as operating a Sidewalk Cafe without a permit, and the
Director shall have the right to remove, after twenty-four (24) hours notice, any tables,
chairs, and any other objects used in connection with the Sidewalk Cafe.
(35) The permit fees collected pursuant to tills section frow Sidewalk Cafes locale+`#
011 OLedll D11ve SlIdff Ue pldced dllcl rl1dlntd111td In d separate fund dricf shah be utilized
Unfy for improvements drli.i/or maintenance on Ocean Drive. Tfle perm' t fees collected
pursuant to this Section frurll Sldewafk Cdfes IUC.dtecf 011 1111.-U 11 Rudd (Vtdit sflaff LTe pidced
d1IU 1ridrntdlried Irl d separate fU11U dlld Sfldfl be utlfhLed Urlly for L111LUl11 Rudd fvldlf
11Idndgernemt dila Improvements.
($)
INULWILfIStdlldlllg any UtfTer pdrdgrdpll or provision Uf t 11 ArtlC.le, 11U permit fee
dS required; t)y tins Section stldfl Lie requmed I01 operation of Sidewvdlk Cdfes U11 LiriLolrr
Road prior to ttlree (3) years after the etfecllve date of tins Ordnrdrlce; dila furtiler-more, No
sicewatk permit fee 5fldLI foe required fol the period of tine Between Ocloher 18, 1995,
dII the comp lellun of the LInd.Ufri Rudd Construction Project for tfle Upeldllum of any
Sidewdik Cafe horn a Uulidiing located 111 the Lincoln RUad Caplldf itnprovenlents
Assessruerrt Dlslrict, flowever, d perrrlrl ``lust still be obtamlerJ an the L)dSe app IIca tlun fee
required by Section 39-31 sftall fie paid.
Sec. 39-32. Permit Application.
(1) Application for a permit to operate a Sidewalk Cafe shall be nidue dt tfre office
of the Dnec.lor. Sucfl app tuition sfldff include, but not be limited to, the following
information:
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(a) Name, address and telephone number of the applicant;
(b) Name and address of restaurant;
(c) A copy of a valid City of Miami Beach occupational
license to operate a restaurant ddjdLe►rt to in front of which the
proposed Sidewalk Cafe will be. died wl►ILII ►s the SU WC. of the
dppfILdtru►r. The number of chairs to be utilized for the Sidewalk Cafe
must be included in the number of chairs authorized by the license;
(d) A copy of a valid Certificate of Use for the buildir►g
fror►tdge restaurantdd)dc.ent to in front of which the proposed
Sidewalk Cafe will be. died WIIILII ►s the suUtec,t cif tl►e dpp ILdt►u►r,
(e) A copy of a current certificate of insurance in the
amounts and categories required by Section 39-31-4 of this Article;
(f) A drawing ((.I►dw►► to scale) showing the layout and
dimensions of the existing Sidewalk area and adjacent private
property, proposed location, size and number of tables, chairs, steps,
planters, umbrellas, location of doorways, location of trees, parking
meters, bus shelters, Sidewalk benches, trash receptacles, and any
other Sidewalk obstruction either existing or proposed within the
pedestrian area; and
(g) Photographs, drawings or manufacturers' brochures fully
describing the appearance of all proposed tables, chairs, umbrellas or
other objects related to the Sidewalk Cafe.
(h) An affidavit from the owner(s) of the property(ies)
mimeo hdtefy ddJdc.ent to lfre Srdewdfk where in front of which the
proposed Sidewalk Cafe will be, loudc# consenting to the operation
of the Sidewalk Cafe at that location.
(2) Annual application shall be accompanied by a non-refundable base application
fee of $150.00.
(3) Applications shall be reviewed for compliance with City ordinances and must be
approved by the following departments or divisions: Public Works; Planning, Design and
Historic Preservation; Pldnntrrg & Zunnrg, Develuprnent, Desr,n dnd Pieservdlrun Servrc.es,
Fire; Risk Management; Code Enforcement; Finance; and Building.
Sec. 39-343. Standards and Criteria fur Apphc.atIun Review and
Conditions for Permit.
The 1ulluwrrrg s drrd Lir end sfIdII k)e used in reviewing lire dtdwrng required in
Seutiori 39-2$(1)(f)(g).
(1) Sidewalk Cafes are restricted to the Sidewalk frontage of the licensed restaurant
to which the permit is issued or within the Sidewalk frontage of the building where the
validly licensed restaurant is located, provided that written approval is supplied by the
building owner. The area of the permit may also extend by a maximum total of 50 feet on
one side and/or the other of the permitee's business, subject to the provisions of subsection
(2) below.
(2) In the event the subject area of the permit extends to a public Right -of -Way in
front of an adjacent owner's property, the permittee must obtain written permission for use
of such area from the adjacent property owner. Of use of 1f rrs died. The revocation or
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suspension of tlrrs such permission shall not operate to grant the permittee a refund of the
annual permit fee or any other fees paid to the City of Miami Beach for operation of a
Sidewalk Cafe.
(3)
Permits will not be issued where the tables and chairs would be placed within
five (5) feet of bus stops, taxi stands, fire hydrants, or alleys.
(4) No tables, trr chairs, umbrellas, or other fixtures will be permitted within five (5)
feet of a pedestrian crosswalk or handicap corner curb -cut ramp.
(5)
Sidewalk Cafes shall be located in such a manner that a distance of 50"0 of llie
Sidewalk widltr not less than wit d rnnnriiuui width of five (5) feet is maintained at all
times as an a dear and unobstructed pedestrian path; provided that the Director rimy
permit Sidewalk Gales to occupy acicl!trona l space wfrere estatahslred pecleslrrari diid trdmr
paths shah riot tae obstructed and wfrere public safely shall not k)e adversely duetted
except on Lincoln Road, where the minimum unobstructed pedestrian path shall be twelve
(1 2) feet. in areas of congested pedestnarr activity, the Drreclur 15 dulhoriLed to require d
VVI der pedestrian path, as circumstances dictate. The pedestrian path for Lincoln Road shall
be located between the property line and the centerline of Lincoln Road, the exact location
to be determined by the Director in consultation with the appropriate Sidewalk Cafe
operators and to be incorporated into the Sidewalk Cafe Site Map of Lincoln Road.
(6) No object shall be permitted around the perimeter of an area occupied by tables
and chairs which would have the effect of forming a physical or visual barrier discouraging
the free use of the tables and chairs by the general public or which would have the effect
of obstructing the pedestrian path, except that the Director may permit the use of planters.
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(7) Tables, chairs, umbrellas, cdnup►es, dw►rrng5 and dily other permissible objects
provided with the Sidewalk Cafe shall be of quality, design, materials, size, elevation and
workmanship both to ensure the safety and convenience of users, and to enhance the
visual quality of the urban environment. Design, materials, and colors shall be approved by
the Planning, Design and Historic Preservation Development, Design dud Preservdlrurr
Servrces Director prior to the issuance of the Sidewalk Cafe Permit.
(8) Ar,vl►►r►gs, trUmbrellas and other decorative material shall be fire -retardant,
pressure -treated or manufactured of fire -resistive material. Signs, wit l► flit exception of the
esldbIrshrnenf name, are prohibited on awnings, umbrellas, chairs, tables and any other
permissible fixture which is located on the public Right -of -Way, except that the
establishment name and/or its logo is permitted on umbrellas. Lettering and/or logos may
not exceed 6 inches in height.
(9)
Prior to issuance or renewal of a Sidewalk Cafe permit, the Citv's Finance
Director shall certify that there are no outstanding fines, monies, fees, taxes or other
charges owed to the City by the current or past owr►ers ur operators of tl►e property person
or entity requesting a Sidewalk Cafe permit. A Sidewalk Cafe permit will not be issued until
all outstanding debts to the City are paid in full.
(10) Only one (1) menu board and only C1) one 'specials' board shall be permitted per
Sidewalk Cafe for every fifty feet of frontage.wrtl► d ►ndxnnurn SIL tI►dl dues riot exceed
four (4) square feet. The location, size, design, materials, and color of the menu board and
'specials' board shall be ptdcecl n► d Iuc.dtrorr approved by the Director of Planning, Design
and Historic Preservation
eveloprl►ent, Design, dill HIStouL PreServdflull ServILes prior to
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the issuance of a Sidewalk Cafe Permit, and the menu board and 'specials' board location
shall be shown on the permit exhibit. The menu board and 'specials' board shall not be a
Sandwich Board or A -Frame Sign. All existing menu boards and 'specials' boards approved
prior to the effective date of this ordinance, including permitted and non -permitted menu -
boards, may remain only for a period of two (2) years from the inception of this provision.
(11) Each permit shall be effective for one (1) year, from October 1 until September
30.
112) The permit issued may be transferred to a new owner only for the location and
area listed on the permit. The transferred permit shall be valid only for the remainder of the
period for which it was originally issued.
(13) The Director may require the temporary removal of Sidewalk Cafes when Street,
Sidewalk, or utility repairs necessitate such action. If such temporary removal exceeds
fifteen(15) days, the Director shall prorate the remaining permit fee for each additional day
the Sidewalk Cafe is removed and apply a credit toward the following year's permit fee or if
requested to do so by the permittee, refund the remaining fee to the permittee.
(14) The Director may cause the immediate removal or relocation of all or parts of
the Sidewalk Cafe in emergency situations or for safety considerations.
j15) The City and its officers and employees shall not be responsible for Sidewalk
Cafe fixtures relocated during emergencies.
(16) The permit shall be specifically limited to the area shown on the "exhibit"
attached to and made a part of the permit. No permit shall be granted on Lincoln Road in
an area designated as restricted for special and cultural events, unless approved for
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temporary use by the Director. Such area will be designated in the City -approved Sidewalk
Cafe Site Map.
(171 The permittee shall usepositive action to assure that its use of the Sidewalk in no
way interferes with Sidewalk users or limits their free, unobstructed passage.
(18) A sidewalk Cafe permit shall only be issued to a full-service restaurant. No
Sidewalk Cafe permit shall be issued to a restaurant whose occupational license or
certificate of use is limited to take-out service.
(19) Tables, chairs, umbrellas, and other permissible objects provided with a Sidewalk
Cafe shall be maintained with a clean and attractive appearance and shall be in good repair
at all times.
(20) The area covered by the permit and the sidewalk and roadway immediately
adjacent to it shall be maintained in a neat and orderly appearance at all time by the
Permitee, and the area shall be cleared of all debris as needed during the day, and again at
the close of each business day and as determined by the Director. Permittee shall also be
responsible to clean the floor surface on which the Sidewalk Cafe is located.
f21) No advertising signs or business identification signs shall be permitted in the
public right-of-way except as permitted in Section 39-33(8) herein.
(22) No tables, chairs, or any other parts of Sidewalk Cafes shall be attached,
chained, or in any manner affixed to any tree, post, sign, or other fixture, curb, or Sidewalk
in or near the permitted area.
(23) The permit covers only the public Sidewalk. Tables and chairs on private
property will be governed by other applicable regulations. No additional outdoor seating
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authorized herein shall be used for calculating seating requirements pertaining to location
of, applications for, or issuance of a liquor license for any establishment; nor shall the
outdoor seating be used as the basis for computing required seating for restaurants and
dining rooms, or as grounds for claiming exemption from such requirements under the
provisions of any city ordinance or state law.
(24) No food preparation, fire, or fire apparatus shall be allowed on the public
Sidewalk, whether or not such area is covered by this permit.
(25) Upon the issuance of a "Hurricane Warning" by Metropolitan Dade County, the
permittee shall forthwith place indoors all tables, chairs, and other equipment located on
the sidewalk. The issuance of a such a "Hurricane Warning" shall constitute an emergency
situation as referenced herein.
(26) Only the Sidewalk Cafe equipment specifically shown on the approved diagram
and not otherwise prohibited shall be allowed in the permit area. The estimated chair
count per table may vary within the prescribed area provided that the chairs remain within
the approved Sidewalk Cafe area. No storage of chairs, tables, dishes, silverware or other
Sidewalk Cafe equipment shall be allowed in the permit area, in any portion of the public
right-of-way, or outside the structural confines of the building in which the restaurant is
located; however, the permitee may maintain such non -permanent structures as rolling
service stations in the permit area during hours of operation.
L27) There shall be no live entertainment or speakers placed in the permit area unless
permitted as a Special Event. The maximum of 20 non-consecutive dates per calendar year
shall not apply to applicants possessing a valid occupational license and a valid Sidewalk
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cafe permit. Conditions such as hours and days of operation and audio levels will be
regulated by the Special Events Office, and these may vary during the year.
(28) The permit shall comply with the following design requirements regarding
outdoor seating: dear knee space under tables: 27" height, 30" width, 19" depth and 34"
maximum table height to top of table. Or alternatively, equivalent accessible seating may
be provided. An acceptable example of equivalent seating would be a round table of 36"
diameter, 4" stem and base with individual supports. The pedestal and base shall not
encroach in the clear floor area. For existing establishments, ten percent of the outdoor
seating, but not Tess than one table shall comply during first year from the effective date of
this ordinance; twenty percent of the outdoor seating, but not less than two tables, shall
comply during the second year from the effective date of this ordinance. For sidewalk cafe
permits issued after the effective date of this ordinance, twenty percent of the outdoor
seating, but not less than two tables shall comply immediately.
(29) The permit shall comply with the Florida Accessibility Code for Building
Construction which lists the following requirements which apply to sidewalk cafes:
(a,1 In new construction, all dining areas shall be accessible. In
alterations, accessibility to all parts of outdoor seating areas is not
required provided that the same services and decor are provided in
accessible space usable by the general public and are not restricted to
use by the people with disabilities.
J The accessibility route shall be a minimum of 44"
continuously. If an accessible route has less than 60" clear width, then
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passing at least 60" by 60" shall be located at reasonable intervals not to
exceed 200 feet.
LJ1 Objects, including umbrellas, mounted with their leading
edges at or below 27" above the finished floor may protrude any amount.
Free-standing objects mounted on posts or pylons may overhang 12"
maximum from 27" to 80" above the ground or finished floor. Protruding
objects shall not reduce the clear width of an accessible route or
maneuvering space.
Sec. 39-354. Liability and Insurance.
The permittee agrees to indemnify, defend, save and hold harmless the City, its
officers and employees from any and all claims, liability, lawsuits, damages and causes of
action which may arise out of the the permit or the permittee's activity on the demised
premises.
(2) The permittee agrees to meet and maintain for the entire permit period, at its
own expense, the following requirements:
(a) Commercial general liability insurance in the amount of
$500,000 $1,000,000 per occurrence for bodily injury and property
damage. The City must be named as an additional insured on this
policy, and an endorsement must be issued as part of the policy
reflecting compliance with this requirement.
Lb. For Sidewalk Cafes which serve alcoholic beverages,
alcoholic -license liability insurance in the amount of $1,000,000 per
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(3)
occurrence for bodily injury and property damage. The City must be
named as an additional insured on this policy, and an endorsement
must be issued as part of the policy reflecting compliance with this
requirement.
(bc) Workers' compensation and employers' liability as
required by the State of Florida.
(cd) All policies must be issued by companies authorized to
do business in the State of Florida and rated B+:VI or better per Best's
Key Rating Guide, latest edition.
(de) The City must receive thirty (30) days written notice
prior to any cancellation, non -renewal or material change in the
coverage provided.
(ff) The permittee must provide and have approved by the
City's Risk Manager an original certificate of insurance as evidence
that the above requirements have been met prior to commencing
operations. Failure to comply with these requirements shall cause a
suspension or revocation of this the permit.
ie permit penud shall TUFT and rnsurdnee reyuirernerrts ds desc.rrrn
suk�sec.trun 2 dbuve ective frurrr OLtober i until Septeriibet 30 of the folfuwrrrg
CA ell dr year.
Sec.. 39-36. on awns of Permit.
fir dddllRUfl to tfre rnfurination required III Sectrorl 39-2tfre standards and crrtend
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eSC.ntieCt In Section -3t, the peril] ll Stldll contain ll le following LolIdItrons.
di- per fill Slldll be effeclrve Of one (1) year from October 1 war t Sepleniber
30, subject to dIIrlUdt renewal vviltl the dpprovdl of the Director.
(Z) ttre permit 1sSue[.f SIIdtl be j.J11SUnat to ltle per n'thee orrty dIlCt shdll bE`
transferable Drily with ltle dt.Jprovdf of the Director. Sucfr doorovai s Id lf riot be
unredsondbfy wllhfleftl.
(3) The permit rndy be tenlpordnly suspencteci by the Director vv len necessary to
Clear Si(.tevvdtk dreds fOr ornnlulnty or speC,Idl event" dutfluflLed by d permit issued by
uie route Vet.Jdrt!HUH t.
(4) The Director Hwy require tfre tel IIpOrdl), reIlIOVdl of SI(.lewdlk Cdfes wflell Slreel,
JIClevvdtk, or ullflty repairs necessitate SUCII dctlOII. If such temporary ICIIIOVdt exceeds
(Ifteen(15) days, the Directors la p1Old te the Ielrldlli11I [JUT fIII 1 fee for each dddlt1011df Ctdy
the Slt.tewdlk Cdfe IS IeIIIoVc(,t dlld dppty d Credit tovvdlC,I lfle folfowiiig yedr5 permit fee Of If
ieyuestecl to do So by the permittee, lefurld the rerlld111111 fee to the Permittee.
(j)
le City MdIId cr or his designee, the Director of the Police Depcnlrnent may
cause the InIIIItLidle rCIilOVdl or lelocdtIDn of dtt or parts of the Slt.tevvdltC Cdfe Irl
emergency situations.
(6) The City dlld Its officers dna errrployees s Id ll not be responsible Or Sidewdlk
Cdfe Cornporlerlts reIOLdteernergeilcfes.
le perrrlrl shall be specifically Ilnnled to the area shuvvlr 011 the `�xfiibil
dtidchecf to anti rrldcte d part of the pernnl. the net_ Ur S Id ll tldve the right to remove
wltflUul notice, drly tables, Chairs OT other objects not in the permit died.
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8) Tile permittee ShdII use positive action to dS,Ure that its use Uf the Si evvalk 111 nu
way interferes Wit►1 SldeWafk users ul 'HOS tflelr free unulJstruLtei..I passage. Tile D[rectul
may require relocation of tables, chairs dna utfrer UIJJeLts dt drly tittle for safety ur
Pecfestndn ItUvv LUHSIderdlruns.
(9) Tile Sidewalk Cdfe sfId ll be upel'erl fur use by l►le general public dtl such use
StIdII Elul tJe IeslrtcleCf to patrons of lfle pernnitee.
(10) Pei -milieus Iiut(,Ilug d11 ULLupatIu1Ia IILeI1Se ur Ceft' ILale of Use lMille to take-
uul food shah trot fie perrnitteto provide table seIVILe Un the SI ewdlk.
(11) TdbfeS, (Jidlls, U111UrelldS, dll(.I any other uf,JeLls provide wit f' d StrleWd►k Cdfe
SIIdII Ue Illdlntdlllell WI d Lledrl dlld dttldLtIVe appedldElLC ail d Sfla ll be III gUui_i I-polr at d►f
tri i les.
(12) The SIt.IevvaIk dl ed LUVered by the permit and Sidewalk dl1CI RUddwdy
itiiuie�Idlefy dclJdceiit to it s►1dif be llldliItdllled 111 d iledt allt_I Orderly appearance dt dfl 11i11es
dll(.l the died shdff be cleared of df! (.febiis dS needed I.Iuririg tfie Clay, dna dgdln at tfle cruse
Uf edL►I fluSlliess (,fay and dS (fetenriiiied by tfle Director.
(13) Nu advertising signs or business ICfeta'fILatiurl signs shall be peiiiiitted In the
J.JubIR_ Rlgf it -Of -Way.
(14) Nu ldbfes, chairs Ur any other parts of Sidewalk Cafes Shd►I be atldLhed, chanted,
ur III any mariner afiixe(,f to any tree, post, sign, ur other fixtures, curb ur SICiewdlk vitflin or
treat lire perrll'tte(.I area. Nu aU It'uilal outduUr Seating aulhUrrLeC,I fierelrl sfldlf I}e used fur
LdfLufdtlllg Sedling IeCquTTeTTTeTTTs pertdTr ng to tUCdIIUTT 6f, app lIca lruTTs fOT, ur ISSUdIJLe of d
Iir..Iuur ►'cerise for any estISfTTTTeTTI, nor 5lIf it be used as the basis for LUIIiputiIIg requureU
18
seating for IeSldUldrlts and (fining ivon's, or as grounds for clainung exemption truin sucfr
TegUnelnenls urlder the provisions of any city ordinance or slate Idw.
(15) The peirnit Vers only lite public Sidewalk. Tdbles drld Clldlrs un pirvdle
properly will be governed by other applicable regulations.
(i6) The permittee shd11 notify the Director, 111 writing, wflen operation of the
Sidewalk Cdfe begins. Sdid notice slidll be delivered to the Director withili twenty-four (24)
tIouis of suLtl corllrilericermlent.
food prepdrdtlun fire, or fII apparatus s1Id II be allowed on the public.
Sidewalk, whether UT riot SUCCI died iS Covered by this per MIL
(i8) Upurl the issuance of d '1 lurncdne Wainin ' or l furncarie Wdlc.lI by the Dade
County Clftice of 1=rnergency Mdnagelnerit the permittee S Id il 01 'wit Iernove dna place
in ours all tables, clIdIiS, dwrinlgs and other eyuiprnenl located on llle sidewalk.
(1)
Sec. 39-375. Denial, Revocation or Suspension of Permit, Rernuva
dll Sturage Fees; Emergencies.
The approval of a Sidewalk Cafe permit is conditional at all times. A Sidewalk
Cafe permit may be derfrutt, revoked or suspended if it is found that:
(a) Any necessary business or health permit has been
suspended, revoked, or canceled.
(b) The permittee does not have insurance which is correct
and effective in the minimum amounts described in Section 39-3t4.
(c) The permittee exceeds the approved square footage by
placing any additional tables, chairs, etc., beyond the approved area.
rdrigrrtg corldrtiulls of pedestndn tidlllc cduse
19
congestion necessitating rernuvaf of the SIde vaik Cafe. Such deusron
Shall fie Eased upon findings of lie Director ti rat the inrniriiurn five (5)
out pedestrian path is nrsuffrcrerrt uirder existing cncun1Sla1rces aricf
lepreseiits d danger to tfie health, Safety, Of general welfare of
pedestrians ur cafe patrons.
(€d) The permittee has failed to correct violations of this
Article or conditions of this permit within twenty four seventy-two
hours of receipt of the Director's notice of same delivered in writing
to the permittee.
(f2) In the event the permittee fails to remove any tables, chairs, and other objects
related to the Sidewalk Cafe within twenty four (24) seventy-two (72) hours
of receipt of the Director's final notice of denia, revocation or suspension,
the Director shall have the right to remove said objects. The pernnttee shalt
(2)
e responsible for the expenses nrc.urred Ey the City Of the removal air
storage oI sand oJects.
Upon clenrai of the permit, the Director shall give written notice or such action to
the pennilieu.
(3) If the Director believes that a permittee has engaged or is engaged in conduct
warranting the suspension or revocation of the permit, tie the Director shall serve the
licensee permittee by certified mail or hand delivery, as permitted by State Statute, at his
business address as disclosed in tris the application for the permit, a written administrative
complaint which affords reasonable notice of facts or conduct which warrant the intended
20
action. The complaint shall state what is required to be done to eliminate the violation, if
any. The permittee shall be given adequate opportunity to request a prior administrative
hearing before a Special Master appointed as provided in Section 9B-4 of this the Citv's
Code, unless the Director finds that an emergency condition exists involving serious danger
to public health, safety or welfare, in which case advance notice and hearing shall not be
required. In the case of an emergency suspension or revocation, the iice►rsee permittee
shall immediately be advised of the Director's action and afforded a prompt post-
suspension or revocation hearing in accordance with the procedures set forth in Seuioil
20-44 of the Mrarnr Beaclr the City's Code.
Sec 39-36. Removal and Storage Fees
If the City removes under any section herein tables, chairs, or other objects related to a
Sidewalk Cafe, the permittee or Sidewalk Cafe operator shall be responsible for the
reasonable expenses incurred by the City for the removal and storage of said objects. The
Director shall promulgate and review, as needed, regulations regarding such storage and
the disposition of property under this Article.
Sec. 39-387. Appeals from the Decision of the Director of Spewiat
ds Cr.l
Appeals from decisions of the Director made pursuant to this Article shall be to the
Special Master Property Maintenance Starrcldrds Appedls Board in accordance with the
procedures set forth in Chapter 9B Section 178-17 of the Miami Beach City Code.
Appeals from the decisions of the Special Master or Property Nta►ntenar,c.e Standards
Appeals Board shall be to a court of competent jurisdiction by petition for writ of certiorari.
21
Sec. 39-398. Enforcement of Article by Code Inspectors; Notice of
Violation;
(1) Code Inspectors shall issue warning notices instead of violations during the first
thirty'(30) days after the effective date.
J2) Code Inspectors shall issue twenty-four (24) hour warning notices for all non -life
safety violations of this Article. Life -safety violations are defined as those conditions which
exist involving serious danger to public health, safety or welfare, including violations of the
Florida Accessibility Code for Building Construction, in which case the aforestated notice
shall not be required.
(23) If a code inspector as defined in chapter 9B of the Miami Beach City Code finds a
violation of this Article, said inspector shall issue a notice of violation to the violator as
provided in chapter 96. The notice shall inform the violator of the nature of the violation,
the amount of fine for which the violator may be liable, thg instructions and due date for
paying the fine, the fact iiutict that the violation may be appealed by requesting an
administrative hearing within twenty (20) days after service of the notice of violation, and
the fact that failure to do so shall constitute an admission of the violation and waiver of the
right to a hearing.
Sec. 39-4639 Civil Fine for Violators.
The following civil fines shall be imposed for violators of this Article:
First citation: $100 fine
Second citation: $250 fine
(within a 1 -year
period)
Third citation: $500 fine
22
•
(within a 1 -year
period)
Sec. 39-41-40. Rights of Violators; payment of fine; right to appeal;
failure to pay civil fine or to appeal.
(1) A violator who has been served with a notice of violation shall elect either to:
(a) Pay the civil fine in the manner indicated on the notice;
or
(b) Request an administrative hearing before a Special
Master appointed as provided in Section 9B-4 of this Code by the City
Commission to appeal the decision of the code inspector which
resulted in the issuance of the notice of violation.
(2) The procedures for appeal shall be as set forth in Section 20-44 of the Miami
Beach City Code.
(3) If the named violator after notice fails to pay the civil fine or fails timely to
request an administrative hearing before a Special Master, the Special Master shall be
informed of such failure by report from the code inspector. Failure of the named violator
to appeal the decision of the code inspector within the prescribed time period shall
constitute a waiver of the violator's right to administrative hearing. A waiver of the right to
administrative hearing shall be treated as an admission of the violation, and penalties may
be assessed accordingly.
(4) Any party aggrieved by the decision of a Special Master may appeal that
decision to a court of competent jurisdiction as provided in Section 162.11, Florida
Statutes.
23
1
Sec. 39-241. Recovery of unpaid fines; unpaid fines to
constitute a lien; foreclosure
(1) The City of Miami Beach may institute proceedings in a court of competent
jurisdiction to compel payment of civil fines.
(2) A certified copy of an order imposing a civil fine may be recorded in the public
records and thereafter shall constitute a lien upon any other real or personal property
owned by the violator and it may be enforced in the same manner as a court judgment by
the sheriffs of this state, including levy against the personal property, but shall not be
deemed to be a court judgment except for enforcement purposes. After two (2) months
from the filing of any such lien which remains unpaid, the City of Miami Beach may
foreclose or otherwise execute on the lien.
SECTION 2. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held to be invalid,
the remainder shall not be affected by such invalidity.
SECTION 3. REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be and are hereby repealed.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days after its adoption on 20th day of
September 1997
PASSED and ADOPTED this 10th day of S,ptember, 1997.
A ST:
CO -
aq
CITY CLERK
24
MAYOR
APPROVED AS 70
& FOk IXC,U i iON
4;4:7
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl. us
ra
COMMISSION MEMORANDUM NO. 581 97
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: Jose Garcia -Pedrosa
City Manager
SUBJECT: Amended SidewCafe Ordinance
DATE: September 10, 1997
ADMINISTRATION RECOMMENDATION:
It is recommended that the City Commission approve the second and final reading of the Sidewalk
Cafe Ordinance.
BACKGROUND:
The enormous popularity of outdoor dining has created an assortment of municipal impacts which
the current Sidewalk Cafe Ordinance does not satisfactorily address. Consequently, the
Administration has worked closely with the community to create an ordinance that reasonably
regulates outdoor dining.
A series of well -attended open forums have been held to address issues raised by the proposed
ordinance. The enclosed amended Sidewalk Cafe Ordinance reflects the changes made during these
workshops as well as Commission concerns voiced at the June 4, 1997 City Commission Meeting.
Such issues as ADA compliance, special event regulation, code enforcement measures, and the
fiscal propriety of the proposed permit fee increases have been studied and are reflected in the
proposed ordinance. Some of the significant ordinance modifications include:
New businesses should not pay the same fee as those that are established. By
graduating the fee ($10 for first year in business, $15 for second year in business, and
a cap of $20 in the third year with provisions made for less expensive interior square
foot leases), the Ordinance is sensitive to new restaurants desirous of enhancing
interior space by adding outdoor dining.
The removal of the per -chair -charge from a restaurant occupational license.
The amended ordinance recognizes that the per square foot charge for outdoor dining
is significant and the additional burden of a per -chair -charge should not be imposed.
The proprietor shall have 24 hours to correct a violation prior to a citation being
written, provided that the violation does not impact health, safety or welfare.
AGENDA ITEM
R5A
DATE - l 0--17
ANALYSIS:
Of particular importance is the need to address the erroneous assertion that an increase in permit fees
is unwarranted. Particularly on Lincoln Road where City services are doubling to meet demand, and
professional marketing is also of interest, the graduated permit fee increase is justified. Within
these commercial districts, both resort tax revenue and table tax revenue contribute to the payment
of City services and are augmented by additional money from the general fund. Fees generated by
the Sidewalk Cafe Ordinance contribute only a portion of the total dollars (over 2 million dollars in
FY 97/98) spent on city services in the South Beach area alone.
The resort taxes collected by these businesses do not obviate the need or appropriateness of
increasing the Sidewalk Cafe table tax. Furthermore, the Finance Department has demonstrated that
restaurant dollars generated in the public right-of-way are far in excess of taxes collected and in most
cases, double and triple restaurant seating capacity.
CONCLUSION:
The City Commission should approve the proposed Sidewalk Cafe Ordinance on second and final
reading.
JGP:
:PP
f:\cmgr\$aII\Ronnie\ idewalk.mem