Resolution 2020-31276R E S O L U T IO N N O. 2 0 2 0 -3 1 2 7 6
A R E S O L U T IO N O F T H E M A Y O R A N D C IT Y C O M M IS S IO N
O F T H E C ITY O F M IA M I B E A C H , F L O R ID A ,
E S T A B LI S H IN G T H E "R E S T A U RA N T R E C O V E R Y
O U T D O O R S E A T IN G P IL O T P R O G RA M ," A S S E T F O R T H
IN E X H IB IT "A " T O T H IS R E S O L U T IO N , T O
T E M P O RA R IL Y A L L O W R E S T A U RA N T S T O E X P A N D
S ID E W A L K C A F É S E A T IN G A R E A S O N T O P U B LI C
R IG H T S -O F -W A Y , O R O T H E R O U T D O O R S E A T IN G
A R E A S O N P R IV A T E P R O P E R T Y , V IA S P E C IA L E V E N T
P E R M IT S IS S U E D P U R S U A N T T O S E C TI ON 1 2 -5 O F T H E
C IT Y C O D E , W IT H A N Y S U C H P E R M IT S S U B J E C T T O
E A C H R E S T A U RA N T O P E RA T O R 'S C O M P LI A N C E W IT H
(1 ) A P P LI C A B L E P R O V IS IO N S O F T H E C IT Y 'S
S ID E W A L K C A F É O R D IN A N C E , A S S E T F O R T H IN
C H A P T E R 8 2 , A R T IC L E IV , D IV IS IO N 5 O F T H E C IT Y
C O D E ; A N D (2 ) S O C IA L D IS T A N C IN G A N D S A N IT A T IO N
R E Q U IR E M E N T S O R G U ID E LI N E S IM P O S E D B Y T H E
S T A T E O F F L O R ID A , M IA M I-D A D E C O U N T Y , A N D C IT Y
O F M IA M I B E A C H U N D E R A N Y A P P LI C A B L E
E M E R G E N C Y O R D E R ; A N D P R O V ID E D , F U R T H E R , T H A T
T H E P R O G RA M S H A L L T E R M IN A T E O N S E P T E M B E R 3 0 ,
2 0 2 0 , U N L E S S O T H E R W IS E E X T E N D E D B Y T H E C ITY
C O M M IS S IO N .
W H E R E A S , coronavirus disease 2019 ("COVID-19"), a severe acute respiratory
illness caused by the SARS-CoV-2 virus that can spread rapidly from person to person
and cause serious illness or death, constitutes a clear and present threat to the lives,
health, welfare and safety of the people of the City of Miami Beach; and
WHEREAS, on March 9, 2020, Governor Ron Desantis issued Executive Order
20-52, declaring a state of emergency for the entire State of Florida as a result of COVID-
19; and
WHEREAS, on March 11, 2020, the World Health Organization declared the
rapidly spreading coronavirus outbreak a pandemic; and
WHEREAS, on March 12, 2020, Miami-Dade County Mayor Carlos Gimenez
declared a State of Emergency for all of Miami-Dade County due to the threats associated
with COVID-19; and
WHEREAS, on March 12, 2020, City Manager for the City of Miami Beach
declared a State of Emergency for the City of Miami Beach, as COVID-19 poses a health
risk to the City's residents; and
1
W HEREAS, subsequently, both the County and the City issued various
Emergency Orders temporarily closing public and private facilities, including the
temporary closure of all non-essential retail and commercial establishments, and the
closure of all restaurants for in-person dining; and
WHEREAS, the foregoing closures have greatly limited economic activity in the
City of Miami Beach, and continue to adversely impact City businesses, including
restaurants; and
WHEREAS, on April 29, 2020, based on data showing a downward trajectory of
hospitalizations for influenza-like illness and COVID-19-like syndromic cases, a decrease
in percent positive test results, and a significant increase in hospital capacity, Governor
Desantis issued Executive Order 20-112 initiating Phase 1 of the Safe. Smart. Step-by-
Step. Plan for Florida's Recovery; and
WHEREAS, pursuant to Executive Order 20-112, restaurants and food
establishments (excluding restaurants in Palm Beach County, Broward County and
Miami-Dade County) may allow on-premises consumption of food and beverage, so long
as they adopt appropriate social distancing measures and limit their indoor occupancy to
no more than 25% of their building capacity, and in addition thereto, outdoor seating is
permissible with appropriate social distancing of a minimum of six (6) feet between
parties; and
WHEREAS, Executive Order 20-112 does not immediately provide for restaurants
and food establishments to reopen in Miami-Dade County; however, the City Commission
desires to create a regulatory framework to expand outdoor seating onto public rights-of-
way and other property once the State of Florida and Miami-Dade County permit
restaurants to reopen, provided that each restaurant's then-existing total seating capacity
(including indoor and outdoor seating) is not exceeded; and
WHEREAS, the path to re-opening businesses in the City must promote business
operation and economic recovery while safeguarding the public's health and safety; and
WHEREAS, significant reductions to indoor occupancy will likely place financial
strain on many restaurants in the City; and
WHEREAS, as such, it is the intent of the Mayor and City Commission to establish
a Restaurant Recovery Outdoor Seating Pilot Program (the "Program") to create
opportunities for restaurants to expand their footprint to mitigate the loss of seating
associated with implementing social distancing requirements, in compliance with the
Governor's Executive Order 20-112 and any future State, County or City Emergency
Order, provided that each restaurant's then-existing total seating capacity is not
exceeded;and
2
W H E R EA S , the Program will temporarily allow restaurants to expand sidewalk
café seating areas onto public rights-of-way, or other outdoor seating areas on private
property, subject to the Administration's review and approval of the proposed site plan for
the expanded area(s) to ensure all public safety and public access issues are
appropriately addressed, and further subject to the restaurant operator's compliance with
(1) applicable provisions of the Sidewalk Café Ordinance (set forth in Chapter 82, Article
IV, Division 5 of the City Code); and (2) social distancing and sanitation guidelines or
requirements imposed by the State of Florida, Miami-Dade County, and City of Miami
Beach in any emergency order issued to prevent the further spread of COVID-19; and
WHEREAS, the terms of the Program are set forth in Exhibit "A" to this Resolution,
and incorporated by reference herein.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby establish the "Restaurant Recovery Outdoor Seating Pilot Program,"
as set forth in Exhibit "A" to this Resolution, to temporarily allow restaurants to expand
sidewalk café seating areas onto public rights-of-way, or other outdoor seating areas on
private property, via special event permits issued pursuant to Section 12-5 of the City
Code, with any such permits subject to each restaurant operator's compliance with (1)
applicable provisions of the Sidewalk Café Ordinance, as set forth in Chapter 82, Article
IV, Division 5 of the City Code; and (2) social distancing and sanitation guidelines imposed
by the State of Florida, Miami-Dade County, and the City of Miami Beach; and provided,
further, that the Program shall terminate on September 30, 2020, unless otherwise
extended by the City Commission.
PASSED and ADOPTED this 13th day of May, 2020.
ATTEST:
Dan Gelber, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
2.G'
City Attorney
[27[26
()k oae
3
EX HIBIT "A "
RESTA URA NT RECO V ERY O UT DO O R SEA TING PILO T PR O G RA M
1. Pilot program. The Restaurant Recovery Outdoor Seating Pilot Program
(the "Program") shall be implemented via special event permits pursuant to
Section 12-5 of the City Code. Permits under the Program shall be separate
from, and shall not otherwise alter or amend the terms of, any existing
sidewalk café permits issued pursuant to Chapter 82, Article IV, Division 5
of the City Code (the "Sidewalk Café Ordinance"). The permit shall
authorize a restaurant to expand sidewalk café seating areas onto approved
public rights-of-way, or other outdoor seating areas on private property,
provided the restaurant's then-existing total seating capacity (including
indoor and outdoor seating) is not exceeded. The purpose of this Program
is to mitigate the loss of revenue-generating seating associated with
implementing social distancing requirements.
2. Duration of permit and periodic review. Each special event permit issued
pursuant to the Program shall terminate no later than September 30, 2020,
unless the Program is extended by the City Commission. At the expiration
of the initial three-month period, the City Manager shall present a written
report to the City Commission tracking the implementation of this Program,
and the City Commission may, in its discretion, extend the term or otherwise
modify the provisions of this Program.
3. Application. Applicants wishing to participate in the Program must submit
a completed special event permit application to the Public Works Director.
Each application must be accompanied by a sworn affidavit, signed by the
applicant, acknowledging and agreeing to comply with all applicable
provisions of the City Code, of this Resolution, and any Federal, State,
County, or City law or emergency order (including without limitation Miami-
Dade County Emergency Order 23-20 ["County EO 23-20'], and including
the Handbook attached to County EO 23-20 as Exhibit A). As to requests
for expansion on private property, the owner of the property shall be
required to sign the application as a co-applicant.
4. Waiver of fees. No special event application fee or permit fee shall be
required to operate expanded outdoor seating areas pursuant to the
Program.
5. Occupancy. In no event shall any expansion of a restaurant's seating
capacity exceed its then-existing total aggregate capacity for indoor and
outdoor seating.
6. Social distancing and sanitation guidelines. Permittees shall at all times
comply with social distancing and sanitation guidelines or requirements
imposed by the State of Florida, Miami-Dade County, or City of Miami
Beach in any Emergency Order, including County EO 23-20, and including
the Handbook attached to County EO 23-20 as Exhibit A.
7. Site plan review.
a. Each applicant shall be required to submit a proposed site plan
showing the layout and dimensions of the proposed seating
4
are a (s); pro p o se d lo c atio n , siz e , an d nu m b e r of ta b le s , cha irs, a n d
a ny othe r furn iture ; an y ra m p s , pa th s , pe d e stria n pus h butt o n s ,
fixtu res, o r an y othe r featu res re q u ired by an y ap p lic a b le
acce ssib ility co d e s in c lud in g , w itho u t lim itatio n , the A m e ric a n s w ith
D isa b ilitie s A ct ("A D A ") o r S tate co d e pro v is io n s ad d res sin g
acce ssib ility fo r bu ild in g co n structio n ; an d lo ca tio n of do o rw ay s,
ste p s, tree s an d /o r la n d s ca p e d are a s , fo u nta in s , pa rkin g m e te rs,
fire hyd rants, bu s she lte rs, directo ry /k io s ks, pu b lic be nc he s, tras h
re ce p ta cl e s, an d an y oth e r ex isti n g fixtu res , furn is h in g s an d/o r
othe r o b structio n (s) w ithin the pro p o se d ex pa n d e d o utdo o r se a ting
a rea .
b. T he site pla n sh a ll be su bje ct to the ap p ro v a l of the P u b lic W o rks
D irecto r prio r to the is su a nc e of a pe rm it, to en s u re tha t an y site-
sp e c ifi c co n d itio n s o r is su e s are ap p ro p ria te ly ad d re sse d , an d tha t
the ex pa n s io n w ill no t co m p ro m is e pu b lic sa fety , pe d e stria n an d
ve h ic ula r traff ic , o r any req u ired pu b lic ac ce ss . T he pe rm it sh a ll be
sp e cifica lly lim ite d to the su bje ct a rea sho w n o n the ap p ro v ed site
pla n .
c. W ith re sp e ct to an y site pla n req u e stin g a stree t o r la n e cl o s u re ,
the C ity M a n a g e r (o r de sig n e e ) sh a ll ha v e the so le an d a b so lu te
discretio n (su b je ct to C o u nty ap p ro v a l, if req u ired ) to de te rm in e
w he the r a n d w h ich pa rt s of pu b lic rig h ts-o f-w a y m a y be cl o se d to
pe d e stria n o r ve h ic u la r traff ic , o r pa rkin g , in o rde r to acco m m o d a te
o utdo o r se a ting area s pu rsu a nt to th is P ro g ra m .
8 . Compliance with Sidewalk Café Ordinance. Permittees shall at all times
abide by applicable provisions of the City's Sidewalk Café Ordinance,
subject to the following exceptions:
a. Sidewalk café furniture, as defined in Section 82-366, shall be
limited to tables, chairs, umbrellas (with a base of weights rated to
resist winds of up to 35 miles per hour) and planters only. No other
furniture will be allowed.
b. Notwithstanding the provisions of Section 82-385(r) of the City
Code, the use of floor fans and extension cords on the public right-
of-way shall be prohibited. Any lighting on the public right-of-way
shall be cordless and battery-operated.
9. Compliance with all other applicable laws. Permittees shall at all times
comply fully with all applicable Federal, State, County, or City laws
(including the Land Development Regulations of the City Code).
10. Indemnification. Permittees shall be required to indemnify, defend, save,
and hold harmless the City from any and all claims, liability, lawsuits,
damages, and causes of action which may arise out of the permit or the
permittee's activities on public rights-of-way or in expanded outdoor seating
areas on private property.
11. Insurance. Permittees shall be required to maintain, for the entire term of
the permit, certain insurance requirements ( subject to the approval of the
5
City's Public W orks Director and/or Risk M anager), and shall additionally be
required to list the City as an additional insured party.
12. Enforcement I Termination of the Permit. In addition to the enforcement
and penalty provisions set forth in Section 12-5 of the City Code and/or the
Sidewalk Café Ordinance, the Permit shall be revocable and terminable at
any time if the City Manager determines it is in the public interest to do so.
6