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LTC 564-2019 Sidewalk Cafe Report Fiscal Year 2018/19 Quarter 4 MIAMI BEACH OFFICE OF THE CITY MANAGER NO. LTC # 564-2019 LETTER TO COMMISSION TO: Mayor Dan Gelber and Members of t e City Coimission FROM: Jimmy L. Morales, City Manager DATE: October 21, 2019 SUBJECT: Sidewalk Café Report Fiscal Year 2 18/19 Quarter 4 This Letter to Commission constitutes the Sidewalk Café Report, for quarter four of Fiscal Year 2018/19. On April 11, 2018, the Mayor and City Commission adopted Ordinance 2018-4188 creating a quarterly reporting requirement for violations of the Sidewalk Café Ordinance specific to subsections 82-385 (b), (e), (j), (v), (w), and (x). These subsections encompass requirements for life safety, site plan violations, menu price requirements, automatic gratuity and other charges, and receipt itemization of charges and taxes. Two violations were related to the requirements of this report. See attachment A/B for full details. While the reporting requirement was adopted in April 2018, sidewalk café operators were given time to comply with the menu price requirements. The ordinance was to take effect on July 2, 2018 for the cafes located in the MXE district and on January 1, 2019 citywide. In addition to this ordinance, menu design guidelines needed to be established which subsequently did not become effective in the MXE district until October 1, 2018 and citywide until January 1, 2019. In addition,during this quarter, 515 sidewalk café inspections were conducted, and 10 violations were issued. Of the 515 inspections, 19 complied immediately, nine received courtesy notices, and 338 were community outreach about Hurricane Dorian. Additionally,139 were proactive compliance inspections where no violation was occurring. Should you have questions please contact Code Compliance Director Hernan Cardeno. Attachments: Attachment A: Section 82-385 Minimum standards, criteria, and conditions for operation of sidewalk cafes. Attachment B: Violations issued in FY 2018/19 Quarter 4 related to the requirements of this report JM/EC/HC/TC/RT Attachment A Sec. 82-385. - Minimum standards, criteria, and conditions for operation of sidewalk cafes. (a) The permittee shall take any and all actions to assure that its use of the public right-of-way in no way interferes with patrons of other sidewalk cafes, or limits their free, unobstructed passage thereto. (b) Sidewalk cafes shall be located in such a manner that a distance of not less than five feet is maintained at all times as a clear and unobstructed five-foot pedestrian path around public amenities and areas such as, by way of example, fountains, landscaped areas (excluding city planters), and seating/shade structures. Notwithstanding the preceding, the city manager, in his reasonable judgment and discretion, and on a case-by-case basis, may approve and allow for a pedestrian path of less than five feet where an applicant/permittee's sidewalk cafe operation would be significantly impacted. In considering such cases, and in determining whether an applicant/permittee is"significantly impacted," the city manager may apply the criteria set forth in subsections 82-384(c)(1)—(4). A five-foot pedestrian path shall also be required and established where the city manager, in his reasonable judgment and discretion, determines that the operation of a sidewalk cafe inhibits pedestrian access to an adjacent business establishment or adversely affects the visibility of an adjacent storefront. (c) No tables, chairs, umbrellas, or other sidewalk cafe furniture shall be permitted within ten feet of a bus bench and/or bus shelter.A distance of five feet shall be maintained from taxi stands,fire hydrants, bike racks, directory signage/kiosks, and/or other similar public street furniture and/or fixtures. (d) No tables, chairs, umbrellas or other sidewalk cafe furniture shall be permitted within five feet of an alley, pedestrian crosswalk, or corner curb cut. (e) The pedestrian path for Lincoln Road shall be a 12-foot clear path for emergency and maintenance vehicles. The exact location of the path on each block shall be determined by the city manager, in his reasonable judgment and discretion, and shall be incorporated into the sidewalk cafe site map of Lincoln Road. (f) 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 public, or (in the case of Lincoln Road) which would have the effect of obstructing the pedestrian path or public access between the north and south sides of Lincoln Road. (g) The area covered by a sidewalk cafe permit, and the sidewalk and street immediately adjacent to it, shall be maintained in a clean, neat and orderly appearance at all times by the permittee. The area of the sidewalk, curb and gutter immediately adjacent to the sidewalk cafe shall be cleared of all debris during hours of operation, and again at the close of each business day, or as may otherwise be determined by the city manager. The permittee shall be responsible for pressure cleaning the floor surface on which the sidewalk cafe is located at the close of each business day.The city shall pressure wash the right-of-way from time to time in accordance with such schedule as shall be established in the reasonable judgment and discretion of the city manager. In establishing said schedule, the city manager shall use reasonable efforts to assure that the city's pressure cleaning of the public right-of- way occurs at such times as will cause the least disruption to sidewalk cafe operations. (h) Tables, chairs, umbrellas and any other sidewalk cafe furniture shall be maintained in a clean, attractive, and orderly appearance, and shall be maintained and kept in good repair at all times. (i) All sidewalk cafe furniture shall be of high quality, design, materials, and workmanship so as to ensure the safety and convenience of the public. (j) Only the sidewalk cafe furniture specifically shown on the approved sidewalk cafe site plan shall be allowed in the permit area. (k) (1) All tables, chairs, umbrellas, and any other sidewalk cafe furniture shall be readily removable, and shall not be physically attached, chained, or in any other manner affixed to any public structure, street furniture, signage, and/or other public fixture, or to a curb and/or public right-of- way. (2) Notwithstanding the provisions of subsection (k)(1), on the west sidewalk on Ocean Drive between 5th Street and 15th Street, umbrellas may be affixed to the sidewalk with an in-ground mount system that is flush with the sidewalk or with a bolted metal plate not to exceed nine inches by nine inches in size. A detailed engineering design, and a structural analysis of either the mount system or metal plate, shall be submitted to the department of public works for review and approval. If permitted, such mount system or metal plate must be easily removable (as determined by the city) to provide a smooth ADA-compatible surface when the mount system or metal plate is removed. In the event that a particular sidewalk cafe is no longer a permitted use, the umbrellas and entire mount system or metal plates shall be removed and standard concrete sidewalk shall be re-installed, subject to the approval of the department of public works. (I) The stacking or piling up of chairs shall be prohibited on the right-of-way. On Lincoln Road Mall,tables, chairs and closed-up umbrellas may only remain on the right-of-way (within the permit area) as long as they are placed in an orderly manner. Notwithstanding the foregoing, on Lincoln Road Mall tables, chairs and closed-up umbrellas may remain on the right-of-way as long as 80 percent of the restaurants on Lincoln Road Mall are open for lunch beginning at 11:00 a.m. The city will make this determination on two separate times during each permit year. The first determination shall be made on October 1, with the second determination being made on April 1 of each year. The phrase "open for lunch" shall be defined by the serving of meals to patrons during the lunch hour. If the city determines that less than 80 percent of the restaurants on Lincoln Road Mall are open for lunch on either October 1 or April 1 of a permit year, then the following regulation shall apply to all restaurants on Lincoln Road Mall. Any and all other sidewalk cafe furniture including without limitation, rolling service stations, service carts and bussing stations, may only be maintained in the permit area during hours of operation provided however, that planters that cannot be readily removed may remain within the permit area subject to the provisions of subsection (s) hereof. On Lincoln Road Mall, rolling service stations, service carts, and bussing stations shall not be permitted to be placed within five feet of the walls, columns, or posts of the Lapidus structures, city planters, or in front of other storefronts and/or business establishments. Notwithstanding anything contained in this subsection (I), the city manager may require a permittee to store its tables, chairs and/or umbrellas off of the right-of-way if, in his reasonable judgment and discretion, the city manager determines that the sidewalk cafe permit area and immediately adjacent public right-of-way are not being adequately maintained in accordance with this division. (m) No storage of dishes, silverware or other similar sidewalk cafe equipment shall be allowed in the permit area, or in any other portion of the public right-of-way, or outside the structural confines of the building in which the restaurant is located, during non-business hours. (n) There shall be no live entertainment or speakers placed in the permit area unless expressly permitted as a special event. Conditions such as hours and days of operation and audio levels will be regulated by the city's special events office, and these may vary during the year. (o) One menu board and one specials board shall be permitted, per sidewalk cafe, for every 50 feet of frontage. (p) No food preparation, food storage, expanded polystyrene food service articles, single-use plastic beverage straws, single-use plastic stirrers, refrigeration apparatus or equipment, or fire apparatus or equipment, shall be allowed on the right-of-way. In addition, expanded polystyrene food service articles, single-use plastic beverage straws, and single-use plastic stirrers shall not be provided to sidewalk cafe patrons. (1) Exception. The provisions in subsection (p) that pertain to single-use plastic beverage straws and single-use plastic stirrers shall not restrict a sidewalk cafe operator from providing a beverage with, or offering the use of, a single-use plastic beverage straw or single-use plastic stirrer to an individual with a disability or medical condition that impairs the consumption of beverages without a single-use plastic beverage straw or single-use plastic stirrer. (2) Effective dates. Notwithstanding the above: a. Beginning on August 6, 2018, the city shall engage in public education efforts to inform the public of those provisions in this subsection (p) that pertain to single-use plastic beverage this restriction will have the electrical boxes deactivated and forfeit any monies paid for electrical use. Fans must be UL approved for outdoor use. Extension cords are not allowed. (u) No permit shall be granted on Lincoln Road in an area designated in the sidewalk cafe site map as restricted for special and cultural events; provided however, that the city manager may approve temporary use of such area(s), on a case by case basis, and only for a defined, limited time. (v) A sidewalk cafe shall be prohibited from continuing its operation until such time that it displays or discloses, in writing, actual prices for food and drink menu item(s), or displays or discloses, in writing, actual prices and accurate terms and conditions for any food and drink menu special(s), consistent with those requirements set forth in section 82-381(h) and 82-382(b)(16). A sidewalk cafe may not charge a price that is greater than the price displayed or disclosed for any food or drink menu item(s) or food or drink menu special(s). A menu that prominently displays the name of the sidewalk cafe operator; actual prices for food and drink menu item(s) and for food and drink menu special(s); and, if applicable, accurate terms and conditions for any food and drink menu special(s), must be provided to each sidewalk cafe patron. (w) A sidewalk cafe that automatically includes a gratuity, service charge, minimum charge, corkage fee, set up fee, sharing fee or charge, or other similar charge, either in the price of the meal or drink or separately imposed for all items ordered, and fails to properly notify the customer of the automatic gratuity or service charge, is prohibited from operating on the city's property. The notification must be consistent with those requirements set forth in sections 82-381(i) and 82-382(b)(17). (x) A sidewalk cafe that fails to separately itemize and state the actual amount of the following: (1) Gratuities or tips; (2) Service charges, minimum charges, corkage fees, set up fees, sharing fees or charges, or similar charges; or (3) The total combined percentage and amount of city, county, and state taxes, on the face of the customer's bill and receipt; Is prohibited from operating on the city's property. The notification must be consistent with those requirements set forth in subsections 82-381(i) and 82-382(b)(17). (y) As applicable to sidewalk cafe permittees on Ocean Drive between 5th Street and 15th Street, every manager and every employee assigned to work in the sidewalk cafe permit area must successfully complete a hospitality training program that has been previously approved by resolution of the mayor and city commission. 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. Sidewalk cafe permittees shall: (1) Maintain records on premises evidencing compliance with this subsection (y), and (2) Submit to the city manager, on an annual basis, the affidavit specified in subsection 82- 382(b)(18). (z) Single-use carry out plastic bags shall not be allowed in the right-of-way and shall not be provided to sidewalk cafe patrons. (1) Notwithstanding the above, beginning on August 6, 2018, the city shall engage in public education efforts to inform the public of the provisions in this subsection (z), and to provide assistance with identifying alternatives to single-use carry out plastic bags. Beginning November 1, 2018, and continuing through January 31, 2019, the city shall provide for a warning period, during which the code compliance department shall issue written warnings for violations of the provisions of subsection (z). Beginning on February 1, 2019, the code compliance department shall enforce the provisions in subsection (z) that pertain to single-use carry out plastic bags. Attachment B: Violations issued in FY 2018/19 Quarter 4 related to the requirements of this report CC2019- 6934 COLLINS Appeal 08/14/2019 FIFI'S ON THE Violation of Section 82-381, 82- 07732 AVE BEACH LLC 385(x),and 82-371: Failing to adhere to the standards, criteria and conditions required of sidewalk cafes. Reference: Service charge not displayed on Miami Spice menu at Fifi's on the Beach restaurant. CC2019- 1629 ALTON Appeal 08/10/2019 PERILI KOSK LLC Section 82-381, 82-385(X),and 07724 RD DBA LOKUM 82-371. Failing to adhere to the MEDITERRANEAN standards, criteria and BAR & GRILL conditions required of sidewalk cafes. Ref- Misleading customers with receipts stating that there is " No Gratuity Charged" but gratuity is being charged.