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Ordinance 2018-4195ORDINANCE NO. 2018 -4195 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," ARTICLE IV, "USES IN PUBLIC RIGHTS -OF- WAY," DIVISION 5, "SIDEWALK CAFES," SUBDIVISION 1, "GENERALLY," SECTION 82 -382 THEREOF, ENTITLED "APPLICATION," TO AUTHORIZE A SIDEWALK CAFE PERMIT APPLICANT LOCATED IN THE AREA NORTH OF 63RD STREET AND SOUTH OF THE CITY LIMITS ON 87TH TERRACE, PROPOSING TO OPERATE A SIDEWALK CAFE, HAVING NO MORE THAN TWO (2) TABLES AND EIGHT (8) SEATS, TO SATISFY THE SITE PLAN REQUIREMENT OF SECTION 82- 382(b)(6)(i) BY APPLYING FOR AND OBTAINING A SITE PLAN DESIGNED BY THE PUBLIC WORKS DEPARTMENT; TO AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO IMPOSE A FEE FOR SUCH SITE PLAN; AND TO PROVIDE THAT THE PROVISIONS OF THIS ORDINANCE SHALL ONLY APPLY TO THE OPERATION OF SIDEWALK CAFES THROUGH AND INCLUDING SEPTEMBER 30, 2020; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, in prior years, and pursuant to Ordinance Nos. 98 -3146, 2000 - 3237, 2003- 3397, 2013 -3824, and 2015 -3968, 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 18, 2017, the Mayor and City Commission adopted Ordinance No. 2017 -4144, abating sidewalk cafe fees for businesses located north of 63rd Street for a period of approximately two years, through and including September 30, 2019; and WHEREAS, City Code Section 82- 382(b)(6) requires sidewalk cafe permit applicants to submit a "site plan signed and sealed by a duly licensed architect or engineer," which accurately depicts the proposed sidewalk cafe operation; and WHEREAS, the cost of hiring an architect to develop architectural plans disproportionately burdens small business owners seeking to operate small -scale sidewalk cafes; and WHEREAS, the City Commission desires to further incentivize economic development in the North Beach area by allowing applicants for small -scale sidewalk cafe operations to obtain a site plan from the City's Public Works Department at a reduced cost, in lieu of obtaining signed and sealed architectural drawings from private architects. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 82, entitled "Public Property," is hereby amended as follows: CHAPTER 82 PUBLIC PROPERTY * ARTICLE IV. USES IN PUBLIC RIGHTS -OF -WAY * * * DIVISION 5. SIDEWALK CAFES * * * Subdivision I. Generally * * * 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: (1) The name, address and telephone number of the applicant/permittee. (2) The name and address of the business establishment seeking a permit to operate the sidewalk cafe (including the name and address of the restaurant). A copy of a valid city occupational license to operate the restaurant in front of which the proposed sidewalk cafe will be operating. The total count of chairs to be utilized for the restaurant must include the number of chairs used in conjunction with the sidewalk cafe and the number of chairs inside the restaurant, as authorized by the license. (4) A copy of a valid certificate of use for the restaurant in front of which the proposed sidewalk cafe will be operating. Copies of current certificates of insurance in the amounts and categories required by section 82 -386. (6) A site plan signed and sealed by a duly licensed architect or engineer which accurately depicts the layout and dimensions of the existing sidewalk area and, adjacent private property; proposed location, size and number of tables, chairs, umbrellas, and any other sidewalk cafe furniture; and location of doorways, steps, trees and /or landscaped areas, fountains, parking meters, fire hydrants, bus shelters, directory /kiosks, public benches, trash receptacles, and any other existing public fixtures, furnishings and /or other obstruction(s), within the proposed sidewalk cafe area. The sidewalk cafe site plan shall be approved by the city manager prior to the issuance of a sidewalk cafe permit and the permit shall be specifically limited to the subject area shown on the approved site plan. J) Notwithstanding the site plan requirement in subsection (b)(6), and only as applicable to the operation of sidewalk cafes located in the area north of 63rd Street and south of the city limits on 87th Terrace, through and including September 30, 2020, a sidewalk cafe permit applicant proposing to operate a sidewalk cafe, having no more than two (2) tables and eight (8) chairs, may satisfy the requirement of subsection (b)(6) by applying for and obtaining a site plan designed by the public works department for a fee of $250.00. A sidewalk (3) (5) 2 (7) cafe permit applicant may only be eligible to apply for a site plan pursuant to this subsection (b)(6)(i) if the operation of the proposed sidewalk cafe will result in no net increase to the applicant's total number of restaurant seats. The provisions of this subsection 82- 382(b)(6)(i) shall stand automatically repealed on September 30, 2020. Photographs, drawings or manufacturer's brochures fully describing the appearance and dimensions of all proposed tables, chairs, umbrellas, and any other sidewalk cafe furniture related to the operation of the sidewalk cafe. Tables, chairs, umbrellas, and any and all other sidewalk cafe furniture shall be approved by the city manager prior to the issuance of a sidewalk cafe permit. (8) A copy of the approved sidewalk cafe site plan, shall be maintained on the permittee's premises and shall be available for inspection by city personnel at all times. The annual application shall be accompanied by a non- refundable base application fee as set forth in appendix A. However, the non- refundable base application fee shall not be required for sidewalk cafe permit applications submitted to the city in conjunction with the Washington Avenue Pilot Parklet Program, which program shall terminate on March 31, 2019. Additionally, the non - refundable base application fee shall not be required for sidewalk cafe permit applications submitted to the city for businesses on Washington Avenue from 6th Street to Lincoln Road, for the period ending on September 30, 2019. (10) Applications shall be reviewed for compliance with applicable city, state and federal laws, and must be reviewed and approved by the city's public works department; fire department; office of risk management; finance department; planning and zoning department; and building department. (11) Prior to issuance of a sidewalk cafe permit, the city's chief financial officer shall certify that there are no outstanding fines, monies, fees, taxes or other charges owed to the city by the applicant/permittee and /or the business establishment/restaurant. A sidewalk cafe permit will not be issued until all outstanding debts to the city are paid in full. (9) (12) No sidewalk cafe permit shall be issued to a restaurant whose occupational license or certificate of use is limited to take -out service and does not have inside seating. (13) A sidewalk cafe permit may not be transferred and /or otherwise assigned. A new owner and /or operator of a restaurant and /or business establishment with a sidewalk cafe permit will be required to apply for and obtain a new permit. (14) The permit covers only the public right -of -way. Tables and chairs on private property will be governed by other applicable regulations. No outdoor seating authorized pursuant to this division shall be used for calculating seating requirements pertaining to location of, applications for, or issuance of, a liquor license; nor shall the outdoor seating be used as the basis for computing required seating for restaurants, or as grounds for claiming exemption from such requirements under the provisions of any applicable city, county, and /or state law. (15) Sidewalk cafes shall comply with all applicable accessibility codes including, without limitation, the Americans with Disabilities Act (ADA), and state code provisions addressing accessibility for building construction, as same may be amended from time to time. 3 (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 items) 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 the city, county, and state taxes will also be stated on the face of the customer's bill and receipt. The affidavit must state that the notification to the customer of an automatic gratuity or service charge and the statement of the total combined percentage and amount of city, county, and state taxes are being included consistent with, and pursuant to, those requirements) set forth in subsections 82- 381(i) and (j). (18) Any applicant for a sidewalk cafe permit (including any sidewalk cafe permittee applying to renew a sidewalk cafe permit) on Ocean Drive between 5th Street and 15th Street must submit an affidavit (in a form approved by the city manager) certifying that: (1) Every manager and every employee assigned to work in the sidewalk cafe permit area has successfully completed a hospitality training program that has been previously approved by resolution of the mayor and city commission; (ii) Within one year of completing such program and each year thereafter, every manager and every employee assigned to work in the sidewalk cafe permit area shall complete an abbreviated version of the same hospitality training program; and (iii) Any newly hired manager or employee assigned to work in the sidewalk cafe permit area must successfully complete such a hospitality training program. (c) Renewals. As provided in subsection 82- 371(b), a permittee who has been issued more than four violations pursuant to this division within a permit year, shall be prohibited from applying for and obtaining a sidewalk cafe permit for the following two consecutive permit years. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith 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. 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 Miami Beach City Code. 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. 4 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the Jje day of , 2018. PASSED AND ADOPTED this day of of E! , 2018. ATTEST: Rafael E. Granado City Clerk A lir Underline denotes additions Strikethrough denotes deletions (Sponsored by Commissioner John Eliza ,- an Gelber Mayor ORATE Dj F :\ATTO \KALN \ORDINANCES\Sidewalk Cafe Ordinance - North Be 5 ientive.docx APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Date City Attorney 0.% MAN\ BEACH Ordinances - R5 G COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: May 16, 2018 1:40 p.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," ARTICLE IV, "USES IN PUBLIC RIGHTS -OF- WAY," DIVISION 5, "SIDEWALK CAFES," SUBDIVISION 1, "GENERALLY," SECTION 82 -382 THEREOF, ENTITLED "APPLICATION," TO AUTHORIZE A SIDEWALK CAFE PERMIT APPLICANT LOCATED IN THE AREA NORTH OF 63RD STREET AND SOUTH OF THE CITY LIMITS ON 87TH TERRACE, PROPOSING TO OPERATE A SIDEWALK CAFE, HAVING NO MORE THAN TWO (2) TABLES AND EIGHT (8) SEATS, TO SATISFY THE SITE PLAN REQUIREMENT OF SECTION 82- 382(B)(6)(I) BY APPLYING FOR AND OBTAINING A SITE PLAN DESIGNED BY THE PUBLIC WORKS DEPARTMENT; TO AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO IMPOSE A FEE FOR SUCH SITE PLAN; AND TO PROVIDE THAT THE PROVISIONS OF THIS ORDINANCE SHALL ONLY APPLY TO THE OPERATION OF SIDEWALK CAFES THROUGH AND INCLUDING SEPTEMBER 30, 2020; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ANALYSIS The Miami Beach City Code Chapter 82 authorizes the City to charge restaurants with sidewalk cafes a $150 annual permit fee plus $20 per square foot for the cafe area. At its September 19, 2013, the Finance and Citywide Projects Committee (FCWPC) recommended that the sidewalk cafe fees for the square footage fee on sidewalk cafe permits issued for locations north of 63rd Street 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. At its September 10, 2015 meeting, the City Commission recommended moving forward with Ordinance No. 2015 - 3968, extending the fee waiver until September 30, 2017. At its October 18, 2017 meeting the City Commission made a motion to abate sidewalk cafe fees for business located north of 63rd Street, from the effective date of Ordinance No. 2017 -4144, through and including September 30, 2019. At the FCWPC meeting on February 14, 2018, a proposed incentive program was presented for North Beach restaurants to activate the sidewalks by assisting them in obtaining a sidewalk cafe permit, to allow up to two tables and eight chairs to be placed in the City Right of Way. Page 1091 of 1842 As an incentive program, Public Works would identify an area on the sidewalk adjacent to a restaurant for the limited number of tables and chairs. This area would be marked on the pavement and be positioned to be compliant with ADA requirements, clearances associated with pedestrian uses, building egress, and other critical functional site specific requirements. A plan would be produced by the Public Works Department, identifying the proposed small -scale sidewalk cafe area. This plan would cost the restaurant operator $250 and would serve as an approved plan for a period of one year or until the following permit year expires. The area would accommodate up to two tables and eight chairs, to be brought outside from the existing indoor dining area, resulting in no net increase to the restaurant's total number of seats. In addition, the applicant be required to indemnify and hold the City harmless, and abide by all other requirements of the Sidewalk Cafe Ordinance, codified in Ch.82 of the City code. All other aspects of the permit process would be required including approvals by the other departments and an insurance policy that names the City of Miami Beach as an additional insured. The FCWPC approved the recommendation to initiate an incentive program and develop the necessary Ordinance changes to allow such a program and have the Ordinance brought back to the City Commission meeting for its First Reading. At its April 11, 2018 meeting, the City Commission read the title of the Ordinance and made a motion to adopt the Ordinance and bring it back to Commission on May 16, 2018 for a Second Reading Public Hearing. CONCLUSION The Administration recommends approving the Ordinance on Second Reading Public Hearing. Legislative Tracking Public Works Sponsor Commissioner John Elizabeth Aleman ATTACHMENTS: Description D Sidewalk Cafe FCW PC After Action - Legal Minutes D Ordinance Page 1092 of 1842 MIAMI BEACH Finance and Citywide Projects Committee Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive February 23, 2018 - 12:00 PM Commissioner Ricky Arriola, Chair Commissioner Mark Samuelian, Vice -Chair Commissioner Micky Steinberg, Member Commissioner John Elizabeth Aleman, Alternate Visit us at www.miamibeachfimov for agendas and video streaming of City Commission Committee Meetings. A meeting of the Finance and Citywide Projects Committee was held on Friday, February 23, 2018 at 12:00 p.m. in the Commission Chambers, 3rd Floor of City Hall. Commissioners in attendance: Commissioners Ricky Arriola, Mark Samuelian, and Micky Steinberg. Members from the Administration and the public were also in attendance. NEW BUSINESS 26. DISCUSSION TO CONSIDER AN INCENTIVE PROGRAM FOR NORTH BEACH RESTAURANTS TO ACTIVATE THE SIDEWALKS BY ASSISTING THEM IN OBTAINING A SIDEWALK CAFE PERMIT TO ALLOW UP TO TWO TABLES AND FOUR CHAIRS TO BE PLACED IN THE CITY'S RIGHT OF WAY February 14, 2018 - C4 M Sponsored by Vice -Mayor Aleman Public Works ACTION Jay Fink, Public Works Assistant Director, presented the item. Jay Fink explained that in front of the Committee is a proposal to allow incentive to sidewalk cafes to put furniture in the right of way in a simplified manner. Through the North Beach Master Plan process, there are areas there that the City Commission has tried to activate around the Normandy Fountain. There is push to activate the area with tables and chairs for restaurants. In front of the Committee is something they think they can effectuate and basically what it does is allow an existing restaurant that is in good standing, which has their licenses, permits, grease traps, etc. in place, the ability to place tables in chairs in the sidewalk in an area that will be safe that will be compliant with ADA and not impose or impede pedestrians' right to use that sidewalk. That will have a certain sunset, if the restaurant after activating that this is a good business model, they can go ahead and go through the formal process and do what needs to be done to come into full compliance with it. He explained they have had some discussion internally with various departments that go through the approval process of the normal cafes, such that they are looking at only limiting it to a couple tables and chairs, not allowing fans, heaters, umbrellas that would trigger a certain fire inspection response. Commissioner Samuelian asked if we have a ball park cost of the fees we would waive. In order of magnitude he asked what are we talking about with dollars to the City. Jay Fink said we have already waived all of the fees above 63 Street in North Beach, there is no net revenue loss for doing this program. There is a potential net gain, if we look at additional meals that are served, additional taxes, additional revenue for the businesses. There is a potential. Commissioner Samuelian asked on the gain, if we can a apart of the process make a commitment to track how the businesses do so we can understand what Jay Fink spoke about. Jay Fink said if we were to go forward with this we would be able to track their permit, at least what they are going to put out there, we would be able to say if this program was successful a year from and how many people havptjnmdmiAtA) full compliance with a fully activated sidewalk cafe. Because there almost 200 sidewalk cafes throughout the City, this is a business model that works, it is a benefit to certain pedestrian areas because it is an attraction. For example, in 2016 we had issued looking at the Parklet program, Commission had authorized an abatement of sidewalk cafe fees along Washington Avenue as an incentive and because of that 3 -4 additional restaurants took advantage of that that did not have sidewalk cafes out there. He said we could be able to share the information with the Committee. The tax dollar and things like that, Public Works could not provide that information, that is not to say it couldn't be done, but that is above what they could do. Commissioner Samuelian said that if Finance could do that, it would be nice to know we did some waivers and the sidewalk cafes were open and there was some benefit to the City it would be nice to do. He also asked given the work that was done if the administration recommends this. Jay Fink said that this would fall in place with the North Beach activation, the emphasis and attention that has been put there, he thinks it is a step in that direction. The NCAC meeting the other day, the Committee would recommend going forward with the small business plan, this ties in with that. He said he suspects this may invoke some ordinance change to allow this to happen. Commissioner Steinberg said she would move this with a favorable recommendation and of course see what the ordinance changes would be. She asked if there was a pilot program that we could do if it would still trigger an amendment before we amend the code. Raul Aguila, City Attorney, said yes if we are talking about streamlining or amending the application process that specifically prescribed in the code. This would require a code amendment. Commissioner Steinberg said she would have to see that, but for purposes of moving this forward. She would like to move it forward with a favorable recommendation pending the change of language in the ordinance. Raul Aguila said the code amendment would go to the City Commission as the Committee knows it requires two readings with a final public hearing. There would be ample time for the City Commission to comment on the code amendment. MOTION: Commissioner Steinberg moved to approve the administration's recommendation favorably. Commissioner Samuelian seconded. Page 1094 of 1842