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Resolution 2018-30379RESOLUTION NO. 2018 -30379 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING, PURSUANT TO ORDINANCE NO. 2018 -4188, THE CITY'S SIDEWALK CAFE MENU DESIGN GUIDELINES. WHEREAS, on April 11, 2018, the Mayor and City Commission adopted Ordinance No. 2018 -4188, amending Chapter 82, Article IV, Division 5 of the City Code (the "Sidewalk Cafe Ordinance "), in order to amend the disclosure requirements for sidewalk cafe operators, and to further provide supplemental penalty provisions for specified violations of the Sidewalk Cafe Ordinance; and WHEREAS, Ordinance No. 2018 -4188, at City Code Section 82- 381(h), authorizes the City Commission to "adopt, by resolution, sidewalk cafe menu design guidelines consistent with the intent and purpose of [Section 82- 381(h)] "; and WHEREAS, the Mayor and City Commission desire to prevent deceptive or misleading business practices in the operation of the City's sidewalk cafes; and WHEREAS, accordingly, the Mayor and City Commission hereby adopt the Sidewalk Cafe Menu Design Guidelines, attached hereto as Exhibit "A" (the "Guidelines "); and WHEREAS, in addition to all applicable requirements in the Sidewalk Cafe Ordinance, each sidewalk cafe menu must also comply with the Guidelines. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby adopt, pursuant to Ordinance No. 2018 -4188, the City's Sidewalk Cafe Menu Design Guidelines. PASSED and ADOPTED this day of , 2018. ATTEST: Ra el E. Ina o City Clerk Dan Gelber Mayor APPROVED AS TO FORM & LANGUAGE & FORE CUTION Qp_, .1-- 6c 7-4/(1 City Attorney 1 Dote V v� MAMBEACH Resolutions - R7 G COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 2, 2018 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, PURSUANT TO ORDINANCE NO. 2018- 4188, THE CITY'S SIDEWALK CAFE MENU DESIGN GUIDELINES. RECOMMENDATION Adopt the Resolution. ANALYSIS On April 11, 2018, the Mayor and City Commission adopted Ordinance No. 2018 -4188, amending Chapter 82, Article IV, Division 5 of the City Code (the "Sidewalk Cafe Ordinance "), in order to amend the disclosure requirements for sidewalk cafe operators, and to further provide supplemental penalty provisions for specified violations of the Sidewalk Cafe Ordinance. Ordinance No. 2018 -4188, at Section 82- 381(h), authorizes the City Commission to "adopt, by resolution, sidewalk cafe menu design guidelines consistent with the intent and purpose of [Section 82- 381(h)]." In order to provide clear guidance to sidewalk cafe operators, and to prevent deceptive or misleading business practices in the operation of the City's sidewalk cafes, the attached Sidewalk Cafe Menu Design Guidelines (the "Guidelines ") have been developed. The Guidelines are intended to provide sidewalk cafe operators with illustrative guidance regarding the disclosure requirements in the Sidewalk Cafe Ordinance. The Guidelines will also provide sidewalk cafe operators with an illustration of the standards that City staff will utilize to review sidewalk cafe menus. In order to allow sidewalk cafe operators sufficient time to submit menus to the City for review, and to receive comments from City staff, the Code Compliance Department will commence enforcement of Ordinance No. 2018 -4188 in the mixed use entertainment ( "MXE ") zoning district on October 1, 2018, to coincide with the start of the new sidewalk cafe permit year. Enforcement in all other zoning districts will commence on January 1, 2019. CONCLUSION The Sidewalk Cafe Menu Design Guidelines, by illustration, will provide sidewalk cafe operators with a visual guide of the menu pricing and disclosure requirements in the Sidewalk Cafe Ordinance, in order to prevent deceptive and misleading business practices, and to enhance the visitor experience in Miami Beach. Page 365 of 408 Legislative Tracking Office of the City Manager Sponsor Commissioner Mark Samuelian ATTACHMENTS: Description ❑ Menu Design Guidelines ❑ Resolution Page 366 of 408 Immo Itr. SIDEWALK CAFE MENU DESIGN GUIDELINES' Page 367 of 408 MIAM BEACH ' Actual prices for food and drink menu items Lowin numeric format. Correct Menu Menu shall prominently display name of sidewalk cafe operator. sINLE 1859 Prices must be displayed in a font size and typeface at least as large as the description. �?1q! $18 16" Cheese, Pepperoni %Ztgelat A price may only be displayed once for an entire menu category, if City staff determines the price disclosure is clear and not misleading. Cheae g et %Zcqatal G Sg 8oz Angus Beef, Chee Lettuce, Tomatoes s;�•.7 !�lytblt- $12 8oz Double Angus Beef, Cheese, Lettuce, Tomatoes $6 Any choice moat, doblo tortilla topped with onions and cilantro (eoAo, $9 ° Any choice meal, doble tortillo topped with onions and cilantro, soda and dessert illt [ c u /a1 z sio • Boz Angus Beef, Bacon, � 'T Cheese, lettuce, Tomatoes t �ye�g;:;.' 9t4tbie 315 --r Boz Double Angus Beef, Bacon, Cheese, Lettuce, Tomatoes L'OM Vodka, Cranberry, Lime qul fi Light Rum, Strawberries Cold `ge rX mai _ $10 Budlight, Heineken fz Stella Artois, Dos Equis 6ExFnAxuz X.X XX X X X X X X XJW, uxo,oW), nalsicri Prat _ _s12 Passion Fruit, light rum, mint 2x1 DRINKS* Monday - Friday 3pm - 7pm •Only Cocktails, No Beers xxxxxxxxxxxxxxxxxxxxxxx All prices are subject to 10% service charge Prices must be adjacent to name, description, photograph or image of each menu item. Must display on menu gratuity or service charge no smaller than 14 point font. Any applicable terms and conditions for any food or drink menu specials. Note: Terms and conditions need to be displayed in a size and typeface at least as large as the description ac :e8 of;t Menus must be provi`-d to each patron Incorrect Menu NO actual prices for food and drink menu items. Name of sidewalk cafe operator too small. No menu items description. MIAMI BEACH RESTAURANT pp ;t 2x1 DRINKS X XXX X XXXXYXXXXXXXXXX' .XXX1 ,"I: XXXXT .+letim Dlrn Ten Dane, lone DlreaEfgMten Oda, ;War Toe. Su Ddlora Cameo i•:oe fnre L, .'sn, Resale Chem Buse EOP Dorms, Double elerse Steger T.ehe Marv, Regd. Bacon Boger Ten Oars. Double Bo»n Buser FA.. Dozen, rlyba Beer Ten Oclar;I,Vron Beer Thxke Do W, Mejeo Ten Doha, naMa F.el,c d'a•s.Cosnso Troche Do6xs,Drgin Tndn Oohs. Prices in letters and written at the bottom of the menu. No terms and conditions for food or drink menu specials. No gratuity or service charge display on menu. Menus must be provided to each patron MIAMIBEACH