2003-3423 OrdinanceORDINANCE NO. 2003-3423
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDAAMENDING CHAPTER
82, ENTITLED "PUBLIC PROPERTY"; AMENDING ARTICLE IV
THEREIN, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY";
AMENDING DIVISION V THEREIN, ENTITLED "SIDEWALK
CAFES"; AMENDING SECTION 82-383 THEREIN, ENTITLED
"TAX RENEWAL FEE; PENALTIES FOR LATE PAYMENTS
FOR RENEWAL FEE"; FURTHER AMENDING APPENDIX A TO
SECTION 82-383; SAID AMENDMENTS INCREASING THE
ANNUAL FEE FOR ESTABLISHING OR MAINTAINING A
SIDEWALK CAFI~ (AS SAID FEES ARE SET FORTH IN
APPENDIX A) BASED UPON PER SQUARE FOOT OF USABLE
SIDEWALK AREA, INCLUDING THE AREAS BETWEEN
TABLES AND CHAIRS, TO $12.50 PER SQUARE FOOT,
COMMENCING ON OCTOBER 1,2003 (FISCAL YEAR 2003-04);
PROVIDING FOR AN INCREASE OF SAID ANNUAL FEE TO
$15.00 PER SQUARE FOOT, COMMENCING ON OCTOBER 1,
2004 (FISCAL YEAR 2004-05); PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, on October 8, 1992, the Mayor and City Commission adopted Ordinance
No. 92-2808, which is codified in Chapter 82, Article IV, Division V, Sections 82-366 through
82-388 of the Miami Beach City Code and establishes procedures, requirements, and permit
fees for the operation of sidewalk cafb, in the city (the City's Sidewalk Cafb Ordinance); and
WHEREAS, Section 82-383 of the City Code, and specifically Appendix A referred to
therein, authorizes the city to charge restaurants with sidewalk cafes a $150.00 annual
sidewalk caf6 permit fee, and a fee of $10.00 per annum per square foot of usable sidewalk
area including the area between the tables and chairs; and
WHEREAS, the original sidewalk cafe fees have never been increased; and
WHEREAS, currently, the City spends approximately $2.5 million to maintain these
sidewalk caf6 areas, which is approximately $48.52 per square foot per year, based on the
annual cost to provide enhanced maintenance to Lincoln Road, Collins Avenue and Ocean
Drive; and
WHEREAS, at a special meeting on May 12, 2003, the Finance and Citywide Projects
Committee recommended to increase the sidewalk caf6 fee pertaining to per square foot
charge of usable sidewalk area, including the area between tables and chairs, from $10.00 per
square foot per annum, to $15.00 per square foot per annum over a two-year period,
commencing on October 1,2003 (Fiscal Year 2003-04); and
WHEREAS, the annual permit fee of $150 will remain unchanged; and
WHEREAS, additionally, the Committee recommended that an annual escalation
provision for responsible fee increases be included in the Ordinance; accordingly, the
Administration has recommended that, commencing with Fiscal Year 2005-06, said annual
increases in the aforestated fee be in accordance with the City's cost of living adjustment; and
WHEREAS, on first reading of the proposed amendments to the City's Sidewalk Caf~
Ordinance on July 2, 2003, the Mayor and the City Commission accepted the
recommendations of the Finance and City Wide Projects Committee, except for the provision
relating to an automatic annual escalation after fiscal year 2004- 05, which was not accepted.
NOW THEREFORE BE IS ORDAINED BY THE MAYOR AND THE CITY COMMISSlONOF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 82, Article IV, Division V, Section 82-383, is hereby amended as
indicated below.
Section 82-383. Fees; renewal fee; penalties for late payments for renewal fee.
(a)
(b)
(c)
The annual permit fee for establishing or maintaining a sidewalk cafe shall be as set
forth in appendix A per square foot of usable sidewalk area, including the area between
the tables and chairs, as determined by the ~ City Manaqer or his designee.
The d!rcctcr City Manager or his desiqnee may suspend or prorate the annual permit
fee in cases of public construction or emergency situations and will include suspending
the fees on Washington Avenue when under construction.
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 if the
permit fee exceeds $2,000.00, the fee may be paid in two semiannual installments, the
first due on October 1 and the second due on April 1. No permit shall be issued for any
portion of a year, but any person operating a sidewalk cafe for a period beginning after
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 division. Except as provided in
section 82-384, no refund of the fees shall be granted.
(d)
(e)
Late payments for permit renewal fees shall accrue at the rate of ten percent per
annum for the first 30 days. If the permit renewal fee is not paid within 60 days after it
is due, 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 24 hours' notice, any
tables, chairs and any other objects used in connection with the sidewalk cafe.
As provided in Resolution ~o , s review of the annual permit fee will be
required whenever tho chan~o in tho Consumer ~rico Index {G~l), bo~oon tho latest
C~I and the date of the C~I used for tho last foe adjustment, is five percent {5%) or
flmator.
SECTION 2. That Chapter 82, Article IV, Division V, Section 82-383, Appendix A therein, is
hereby amended as follows:
APPENDIX A FEE SCHEDULE
FEE SCHEDULE
This appendix includes all fees and charges established by the city commission that are
referred to in the indicated sections of the Code of Ordinances:
TABLE INSET:
Section Description Amount
this Code
Subpart A. General Ordinances
82-383(a) Annual fee, per square foot of !0.00 Commencing on October 1,
usable sidewalk area, including 2003 (Fiscal Year 2003-04) 12.50;
the area between the tables and Commencin,q on October 1, 2004
chairs .......... Fiscal Year 2004-05) 15.00
REPEALER
All ordinance or parts of ordinance amendment in conflict herewith be and the same are
hereby repealed.
SEVERABILITY
If any section, subsection, clause or provision of this Ordinance amendment is held invalid, the
remainder shall not be affected by such invalidity.
CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
Ordained the provisions of this Ordinance shall become and be made part of the Code of the
City of Miami Beach, Florida. The sections of this Ordinance may be renumbered of reletterred
To accomplish such intentions and the word "ordinance" may be changed to "section", "article",
or other appropriate word.
EFFECTIVE DATE
This Ordinance shall take effect on October 1,2003.
PASSED AND ADOPTED This 30t:h day of
ATTEST:
1ST Reading 07/02/03
2ND READING 07/30/03
MAYOR
API=~OVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Date
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
An ordinance of the Mayor and City Commission of the City of Miami Beach, Florida amending sidewalk
caf~ Ordnance section 39-31 entitled "permit fee" of the Miami Beach City code.
Issue:
Should the Sidewalk Caf0 Ordinance be amended to increase the per square foot fee from $10.00 per
square foot to $15.00 per square foot over a two year period and a policy to trigger an automatic review of
fees be established when a certain threshold chan~e in the CPI occurs ?
Item Su mmanj/Recommendation:
It is recommended that the fee be increased upon approval of said Ordinance to $12.50 per square foot for
the year beginning October 1,2003 and to $15.00 per square foot for the year beginning October 1,2004.
Advisory Board Recommendation:
The Finance and Citywide Projects Committee approved the recommended fee increase during their May
12, 2003 meetin~l.
Financial Information:
Additional Revenue Projection
Source of Amount Account Approved
Funds: I $31,300 011-8000-322160
! 2 $78,800 011-8000-322161
3 $16,500 011-8000-322163
4
Finan~:e Dept. Total $126,600
City Clerk's Office Legislative Tracking:
t Patricia Walker
Sign-Offs:
Department Director
.~/,~ant City Manager
City Manager
CITY OF MIAM
1700 CONVENTION CENTER DRIVE, MIAMI BF. ACH FL
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Date: July 30, 2003
Jorge M. Gonzale.~z
City Manager
SECOND READING
PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 82,
ARTICLE IV, DIVISION V, ENTITLED "SIDEWALK CAFES";
AMENDING SECTION 82-383, ENTITLED "TAX RENEWAL FEE;
PENALTIES FOR LATE PAYMENTS FOR RENEWAL FEE";
AMENDING APPENDIX A THEREIN, PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
Approve the Ordinance on second reading.
ANALYSIS:
On first reading of the Ordinance on July 2, 2003, the Mayor and City Commission
accepted the Finance and Citywide Projects Committee's recommendations to increase
sidewalk cafb fees to $12.50 per square foot for the year beginning October 1,2003
and to $15.00 per square foot for the year beginning October 1, 2004, with the
exception of the annual increase provision which was not accepted.
It was then recommended that a methodology be put in place to review the fees when a
defined threshold change in the CPI occurs. Therefore, it is recommended that a review
of the fees be initiated whenever the change in the CPI, between the current CPI and
the date of CPI used to establish the last rate adjustment, is greater than five percent
(5%). Upon reaching this threshold, and following a survey of fees for similar services in
surrounding communities and/or an analysis to review the current cost of providing such
services, adjustment to such fees will be incorporated into an amended ordinance or
resolution, as appropriate, and submitted to the Mayor and City Commission for
approval. This process will help to insure that the city is recovering costs for services
provided and keeping fees competitive and in line with cost of living increases.
This methodology will be presented to the Mayor and the City Commission on July 30,
2003, for approval on a separate resolution.
Further it is intended that the Sidewalk Cafb fee be abated for those restaurants
affected during the construction of Washington Ave in the same manner as previously
abated during the construction of the Lincoln Rd and North Shore improvement
projects.
Additionally, it will be possible to administratively address the outstanding question on
the possible concurrency impacts associated with adjustments to existing sidewalk cafe
permits. An evaluation of the permitted sidewalk cafe seats indicates that the number
of seats permitted when the Transportation Concurrency Management Areas (TCMAs)
were established was almost 5,400, approximately 400 seats greater than what was
permitted in May 2003. Through discussions with the individual cafes, the
Administration estimates that the existing cafes will increase the number of seats under
permit by approximately 400 seats. The City will afford a one-time adjustment to the
existing cafes previously described through September 30, 2003. With this one-time
adjustment to address the correction of existing permits to reflect current patterns of
usage, no new overall concurrency impact will be created as the new total number of
seats permitted via the one time adjustment will be approximately the same as
permitted in the past. Future sidewalk cafe permits would need to be evaluated for
concurrency impacts under the rules then in effect and would not be affected by this
one time adjustment.
BACKGROUND:
On October 8, 1992, the Mayor and City Commission adopted Ordinance No. 92-2808
which added article VI to the City Code Chapter 82, entitled "Sidewalk Cafes"
establishing procedures, requirements, and permit fees for the operation of sidewalk
cafes in the City. Miami Beach City Code Chapter 82 authorizes the city to charge
restaurants with sidewalk cafes a $150.00 annual permit fee and a fee of $10.00 per
square foot per year for the usable sidewalk area including the area between the tables
and chairs. Additionally, there was an annual fee of $7.00 per chair for up to fifty chairs,
and $8.00 for each additional chair, which was a component of the occupational license
fee; however, it was repealed during 1997.
The Ordinance provided a waiver exempting such establishments on Lincoln Road from
paying the permit fees, for a period of three years from October 8, 1992 through
October 18, 1995, during the construction of improvements. During the North Shore
Streetscape Improvement Project, a similar fee waiver was implemented for
establishments in the North Beach area, primarily Normandy Cimle and Ocean Terrace.
This waiver expired on September 30, 2001.
On January 15, 2003, the Finance and Citywide Projects Committee discussed the
potential abatement of sidewalk cafb fees for businesses north of 63rd street to
stimulate business in the North Beach Area· On February 26, 2003, Ordinance 2003-
3397 waspassed implementing an abatement of sidewalk caf~ fees for businesses
north of 63rdstreet, subject to an annual review during the preparation of the City's
budget.
Although the Ordinance has undergone many changes administratively, the original fee
that was imposed has not changed. At the current rate of $10.00 per square foot per
annum, the City's annual revenue from sidewalk cafb fees is $505,980·
Currently, the city spends approximately $2·5 million on maintenance for Lincoln Road,
Collins Avenue, and Ocean Drive, which includes the following services: sidewalk
sweeping, pressure cleaning, enhanced bathroom cleaning, painting / electrical,
landscaping/maintenance, and fountain maintenance. The cost to maintain these
sidewalk cafb areas is approximately $48.52 per square foot per year, based on the
annual cost to provide enhanced maintenance to Lincoln Road, Collins Avenue and
Ocean Drive.
The Finance and Citywide Projects Committee recommended an increase in the annual
fee for sidewalk cafes fee from $10.00 per square foot per year to $15.00 per square
foot per year over a two-year period. Additionally, the Committee recommended that
an annual escalation provision be included in the Ordinance.
JMG/PDW/ris
· CITY OF MIAMI BEACH
" NOTICE OF PUBLIC HEARING
NOTICE 'IS Ir. dl[BY pven that public Haarthgs will be h~ by the Mayor and City CommisMan of ~ City of
Miami Beach, F;qxlda, in the Commission CbemBef~, 3rd Ifoer, Ofty Halt, 1700 Coflvmlflml Center Ddlm.
Miami Beacfl, Flor~, m~ Wide,Idly, Ju~ 30, 2003, at tim tiNm~ liatml Belew, to cnosioe~ the foBewmg:
at 10..40
/~ Ord~a,'~e Amendiflg C~apter 30 Of The Midmi Beach Cily Code, Sec'~no 30-76(B) E~lttod "~-~', 8y
Providing That Mifigatim Requests Must lie Rled t'~ One Year Of The Ent~ Of ~ Special Master
Imposing The rme; By ~.fle6~g The N)ilify Of 7no Cd.y Nld The ~olalo, r To/~gfee To Nfow 1he MIO~.~ Beqnoat
~e Filed After The One Yr~er Period Has LKosed; N~I By Beteliflg ~ Requiremefit Of City CoermtaiN~xl App~vat Of
M~ti~aUon In Exc~ Of $1~,000; P~ovid~lg F~ Re~ealer, Seva~ablfity, Codification, AnO ~tl Effective Data
Inquiries may be directed to the City Manager's Office at {30§) 673-7010.
at $1:00 a.m,:
AN ORDINANCE OF THE MAYOR AND CIT~ COMMISSION CE THE Citer OF MIRMt BEACH, R~ORIOA, JLV~ERDIN~
CHAPTER 102 OF THE ClTf CODE, ENTITLED 'TAXATION'; AMENDING DIVISION IV THEREIN, ENTITLED 'TAX";
AMENOfNG AS'I1CI.E V THEREIN, ENTITLED "OCCUPATIONAL UCENSE TAX"; N,tENDING SECIION 102-379 'INEREIN,
ENTITLED "SCHEDULE OF TAXES'; SAID AMENOMERT PROIRDING FOR Nd INCREASE IN FEES CHARGED .4RIk~W. LY
FOR OCCUPA'IIONN. LICENSES OF ~ PERCENT (5%) (ROUNDED TO THE NEASEST ~, EI:I:EC~E ON
O~TORER 1, 2003 (RSCAL YEAR 2003-04); EROVIO~'~G FOR ANOTHER FIVE PERCENT (5%) INCREASE IN SAIO
OCCUPA'RORAL LICENSE FEES, EFFECTIVE ON OCTOBER 1, 2005 ~FISCN. ~ 2005-061; FURTHER ASOfNG AN
ANNUAL FEE CATEGORY FOR ADULT ENTERTAINMENT ESTN~LISHMENT; ANO N]DING A ~TIOR AND AN
ANNU/~. FEE CATEGORY FOR MGHTCLUBS (OR A V~NGIOR OF DANCEH~i.L LICENSE, AS CEFIN~ED IN THE ~
ZONING ORDINANCE); PROVIDING FOR REIv'~LER, SE'¥ERABIU~, CODIFICATION, AND N~ EFFECTIVE DATE.
AN ORDINANCE O~ THE MAYOR AND CITY COMMISSION OF THE COY CE M L~,iR BEACH, FLORIDA/i~ENDiNG ~
50 CE THE CITY CODE, ENTITLED "FIRE PREVENT[ON AND PROTECTION'; AMENDING SECTION 50-5, ENTITLED
'ANNL~AL RRE PREVENTIOR AND FiRE S.~=f~Y IR$.PECTION PERMIT"; AMENDING ~U~ 50-5~)) 1REREOF,
ENTITLED 'FEES'; AMENDING N3PENDIX A, AS REFERRED TO THEREIN; SAIl) N~IENDMENTS PROVI~NG FOR AN
INORrJ, SE IN FEES CHARGED FOR FIRE SN:EIY PERMITS OF RFTEEN {15%) PERCENT, DUMMBdCING OR OCTCOER
2003 (FISCAL '~ 2003-04}; PROIR[~,dG FOR REPEALER, SE~LIIY, CODIFICATION, N, IO AN ~ CATE
at 1 t:10 a JR,:
AN ORD,INANCE OF THE MAYOR ANO ~IY COMMISSION OF THE CI~IY OF MIAMI B~CH, FI.ORI§A, ,fllRE, NDIf~ (~t&~.~'11'::R
14 OF THE ~ CODE, ENTIILED "BU~ONG REGULAtiONS"; AMENDING OMSIOR ~ 'fl. EREIN, ENTITLER "FERE, IT FEES";
AMENDING SECTION 14-426 THEREIN, ENTITLED 'Ne, IUN. FACILITY PERMIT"; AMEROING SUBSEClioR 14..426(3)(G)
13ROViDING FOR "CERTd:ICAI'E OF URE FEES'; AMENI)ING/U~PENO~( A THERFJN;, SND AMENSNSNT PR(~IDINS FOR/iN
INCREASE IN DAIO FEES FOR CERTIRCATES O~ ~ OF TEN PERC~'NT (10%), EFFECTIVE ON OCTOBER 1, 2g~3
YEAR 2003-041; PROVI~NG FOR ANOTHER TEN PERCENT I10~) INCREASE, EFFECTIVE ON OCI'COER 1, 2(]04 (F~CkL
YEAR 2[]04-05}; PROIRDIN6 FOR N, IOTHER TEN PERCENT (.10~) INEREANE, ltFFECTNE OR OCTObeR 1, ~ (FISCAL
YEAR 2005-06); PROVIOlNS FOR RF. PE.N~ R, SE',~RABILITY, COOIFICA110N, AND AN E~FECTNE DA'IE.
_at 11:16 a,,m,:
AN ORDINANCE OF THE MAYOR ANO CITf COMMISSION OF THE ~ OF MIAMI BEACH, FEORIDA NRENDDIG CI~JqER
82. ENTITLED 'F~.IO PROPEIT~Y'; AMENDING ARTICLE IV THEREIN, ENTITLED 'USES IN PIJSLJC RIGH~S-OF-WAY';
AMENDING DIVISION V THEREIN, ENTITLED "SIDEWAU< CAFES"; AMENDING SECTION 82-383 'DIEREIN, ENTITI. E~ 'TAN
RENEWAL FEE; PENALRES FOR LATE PAYMENT6 FOR RENEWN. FEE"; FURTHER AMENOING ~ A TO SECTION
82-383; SND N,tENDMENTS INCREASING THE ANNUAL FEE R)R ESTASUSHING OR MNNTNNIN6 A SIDEWALK
~S S~JO FEES ASE SET FORTH IN AOPENDIX A) B,~SED UPON PER SOUASE FOOT OF USabLE SIOEWALK
INGLUDtNG THE ASEAS BETWEEN TN[LES N, ID CHAINS, TO $12.S0 PER SQUASE FOOT, COMMBICIN6 ON OCTO6ERt,
2003 ~ISCN. YEAR 2003-04); ERO~RDING FOR AN INCREASE OF S/OD AS~L FEE TO $'~5.00 ~ ~ FOOT,
COMMENC3NG ON OCTOBER 1, 2004 (FISCAL YEAR 2004-G5); FROVIDING FOR ~ ,SEV~RABli.ffY,
l~quiflas may be dk'ectod to Ibe finance Beparb~ at (305) 6?3-?466.
ll~,q'E RESTER PANRES we irwtto(I to ~l~eer at this meeting, er be ~ep~seMed by an agent, or to exPm~"'lbelr ~
i~ writing ad~essed fo tbe City Commissim~, c~ the City Clef~. 1706 Com~ffimt CRier D~ive, la Flea', ~ ~,
Miami Beach, Rm'ida 33139. Copies ~' these m'dil~ are a~alabRi for pubtic inspectio~ ~ ~ ~
begrs in the City Clerk's Office, 1706 Convef~ml Ceflfor Drive, lid Flora', ~ H~I, Miami Beach, R~ 331,~1. ~
meating may be contmtm~ and under a~ch circumatlx:es addRiomd regal no~ce weul~l not be provi~led.
Pursumt to S~ 286.0105, Fla. Stat., the City hereby ad~es ~ i~blic If~ if a be~m de,ides to appel ~
(305) 673-74'I1, no later than ~ ~ays pdo~' to the pfeceeiRng. If hewing tmpaJre~, caffact I1~ City