Resolution 2020-31523 RESOLUTION NO. 2020-31523
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY
MANAGER TO SUSPEND OR PRORATE ANNUAL SIDEWALK
CAFÉ PERMIT FEES FOR THE PERIOD OF TIME
COMMENCING ON JANUARY 1, 2021, THROUGH AND
INCLUDING MARCH 31, 2021, PURSUANT TO CITY CODE
SECTION 82-383(b) AND THE CITY'S DECLARATION OF A
STATE OF EMERGENCY, DATED MARCH 12, 2020, IN
RESPONSE TO THE COVID-19 PANDEMIC.
WHEREAS, City Code Section 82-383(b) provides that the City Manager may, "in his
reasonable discretion and judgment, . . . suspend or prorate the annual permit fee in cases of
public construction or public emergency situations"; and
WHEREAS, 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, the 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
WHEREAS, 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 measures have greatly limited economic activity in the City of
Miami Beach, and continue to adversely impact City businesses, including restaurants; 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, several months of business closures and significant reductions to indoor
occupancy have placed severe financial strain on many restaurants in the City; and
WHEREAS, on May 13, 2020, the Mayor and City Commission adopted Resolution No.
2020-31275, directing the City Manager to suspend or prorate annual sidewalk café permit fees
through September 30, 2020, pursuant to City Code Section 82-383(b)and the City's Declaration
of a State of Emergency, dated March 12, 2020, in response to the COVID-19 pandemic; and
WHEREAS, on September 16, 2020, the Mayor and City Commission approved an
extension to suspend or prorate annual sidewalk cafe permit fees, pursuant to Resolution No.
2020-31405, for the period of time commencing on October 1, 2020, through and including
December 31, 2020; and
WHEREAS, the Administration is requesting an additional extension to suspend or prorate
sidewalk cafe permit fees for the period commencing on January 1, 2021 through and including
March 31, 2021 in order to continue to promote business operations and economic recovery.
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 direct the City Manager to suspend or prorate annual sidewalk café permit fees for the
period of time commencing on January 1, 2021, through and including March 31, 2021, pursuant
to City Code Section 82-383(b) and the City's Declaration of a State of Emergency, dated March
12, 2020, in response to the COVID-19 pandemic.
PASSED and ADOPTED this 9th day of December, 2020.
ATTEST:
Dan Gelber, Mayor
Rafael E. Granado, City Clerk
•
1.IIlt9RP ORATED)
to c
APPROVED AS TO
FORM & LANGUAGE
& F R EXECUTION
1 IZ_ g _2--()
City Attorney Date
c
Resolutions -C7 0
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 9, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY MANAGER TO
SUSPEND OR PRORATE ANNUAL SIDEWALK CAFE PERMIT FEES FOR
THE PERIOD OF TIME COMMENCING ON JANUARY 1, 2021, THROUGH
AND INCLUDING MARCH 31, 2021, PURSUANT TO CITY CODE SECTION
82-383(B)AND THE CITY'S DECLARATION OF A STATE OF EMERGENCY,
DATED MARCH 12, 2020, IN RESPONSE TO THE COVID-19 PANDEMIC.
RECOMMENDATION
The Administration recommends approving an additional extension to suspend or prorate
sidewalk cafe permit fees for the period commencing on January 1, 2021 through and including
March 31, 2021 in order to continue to promote business operations and economic recovery.
BACKGROUND/HISTORY
City Code Section 82-383(b) provides that the City Manager may, "in his reasonable discretion
and judgment, . . . suspend or prorate the annual permit fee in cases of public construction or
public emergency situations"
On March 11, 2020, the World Health Organization declared the rapidly spreading novel
coronavirus ("COVID- 19") a pandemic, acknowledging what seemed clear—the virus would
likely spread to all countries on the globe.
The rate of infection throughout the world and in the US accelerated rapidly, grinding most
markets and businesses around the globe to a halt. In order to limit the spread of the novel
coronavirus ("COVI D- 19"), subsequently, both Miami- Dade County and the City issued various
Emergency Orders temporarily, closing public and private facilities, including the temporary
closure of all nonessential retail and commercial establishments, and the closure of all
restaurants for in-person dining.
ANALYSIS
The foregoing measures have greatly limited economic activity in the City of Miami Beach, and
continue to adversely impact City businesses, including restaurants. The path to re-opening
businesses in the City must promote business operation and economic recovery while
safeguarding the public's health and safety.
Page 229 of 1707
Several months of business closures and significant reductions to indoor occupancy have
placed severe financial strain on many restaurants in the City.
On May 13, 2020, the Mayor and City Commission adopted Resolution No. 2020-31275,
directing the City Manager to suspend or prorate annual sidewalk café permit fees through
September 30, 2020, pursuant to City Code Section 82-383(b) and the City's Declaration of a
State of Emergency, dated March 12, 2020, in response to the COVID-19 pandemic.
Oh September 16, 2020, the Mayor and City Commission approved an extension to suspend or
prorate annual sidewalk cafe permit fees, pursuant to Resolution No. 2020-31405, for the
period of time commencing on October 1, 2020, through and including December 31, 2020.
The Administration is requesting an additional extension to suspend or prorate sidewalk cafe
permit fees for the period commencing on January 1, 2021 through and including March 31,
2021 in order to continue to promote business operations and economic recovery.
Results from the 2019 Resident Survey regarding Satisfaction with Perceptions of the City
show that 47% of residents rated City efforts to plan for growth as very satisfied/satisfied. In
order to continue maintaining excellent standards in this area, the City recommends approving
an extension to suspend or prorate annual sidewalk cafe permit fees.
CONCLUSION
The Administration recommends approving an additional extension to suspend or prorate
sidewalk cafe permit fees for the period commencing on January 1, 2021 through and including
March 31, 2021 in order to continue to promote business operations and economic recovery.
Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Public Works
ATTACHMENTS:
Description
❑ Resolution 2020-31405
❑ DRAFT RESO
Page 230 of 1707
RESOLUTION NO. 2020-31405
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY
MANAGER TO SUSPEND OR PRORATE ANNUAL SIDEWALK
CAFÉ PERMIT FEES FOR THE PERIOD OF TIME
COMMENCING ON OCTOBER 1, 2020, THROUGH AND
INCLUDING DECEMBER 31, 2020, PURSUANT TO CITY CODE
SECTION 82-383(b) AND THE CITY'S DECLARATION OF A
STATE OF EMERGENCY, DATED MARCH 12, 2020, IN
RESPONSE TO THE COVID-19 PANDEMIC.
WHEREAS, City Code Section 82-383(b) provides that the City Manager may, "in his
reasonable discretion and judgment, . . . suspend or prorate the annual permit fee in cases of
public construction or public emergency situations"; and
WHEREAS, 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, the 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
WHEREAS, 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 measures have greatly limited economic activity in the City of
Miami Beach, and continue to adversely impact City businesses, including restaurants; 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, several months of business closures and significant reductions to indoor
occupancy have placed severe financial strain on many restaurants in the City; and
WHEREAS, on May 13, 2020, the Mayor and City Commission adopted Resolution No.
2020-31275, directing the City Manager to suspend or prorate annual sidewalk café permit fees
Page 231 of 1707
through September 30, 2020, pursuant to City Code Section 82-383(b)and the City's Declaration
of a State of Emergency, dated March 12, 2020, in response to the COVID-19 pandemic; and
WHEREAS, in an effort to mitigate the catastrophic economic impacts of the COVID-19
pandemic on the City's restaurants, the Mayor and City Commission now desire to authorize the
City Manager to suspend or prorate annual sidewalk café permit fees for the period of time
commencing on October 1, 2020, through and including December 31, 2020.
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 direct the City Manager to suspend or prorate annual sidewalk café permit fees for the
period of time commencing on October 1, 2020, through and including December 31, 2020,
pursuant to City Code Section 82-383(b) and the City's Declaration of a State of Emergency,
dated March 12, 2020, in response to the COVID-19 pandemic.
PASSED and ADOPTED this 16th day of September, 2020.
ATTEST:
¢ Dan Gelber, Mayor
` L 2uL�
Rafael E. Granado, •ity Clerk
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
FL, - 9 ---I 1--LLD
City Attorney ` �k Date
Page 232 of 1707
Resolutions-C7 AA
MIAMI BEACH
COMPASSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 16, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY MANAGER TO
SUSPEND OR PRORATE ANNUAL SIDEWALK CAFE PERMIT FEES FOR
THE PERIOD OF TIME COMMENCING ON OCTOBER 1, 2020, THROUGH.
AND INCLUDING DECEMBER 31, 2020, PURSUANT TO CITY CODE
SECTION 82-383(B) AND THE CITY'S DECLARATION OF A STATE OF
EMERGENCY, DATED MARCH 12, 2020, IN RESPONSE TO THE COVID-19
PANDEMIC.
RECOMMENDATION
The Administration recommends approving the Resolution.
BACKGROUND/HISTORY
City Code Section 82-383(b)provides that the City Manager may, "in his reasonable discretion
and judgment, . . . suspend or prorate the annual permit fee in cases of public construction or
public emergency situations"
On March 11, 2020, the World Health Organization declared the rapidly spreading novel
coronavirus ("COVID- 19") a pandemic, acknowledging what seemed clear - the virus would
likely spread to all countries on the globe.
The rate of infection throughout the world and in the US accelerated rapidly, grinding most
markets and businesses around the globe to a halt. In order to limit the spread of the novel
coronavirus("COVID- 19"), subsequently, both Miami-Dade County and the City issued various
Emergency Orders temporarily closing public and private facilities, including the temporary
closure of all nonessential retail and commercial establishments and the closure of all
restaurants for in person dining.
ANALYSIS
The foregoing measures have greatly limited economic activity in the City of Miami Beach and
continue to adversely impact City businesses, including restaurants. The path to re-opening
businesses in the City must promote business operation and economic recovery while
safeguarding the public's health and safety.
Page 604 of 1855
Page 233 of 1707
Several months of business closures and significant reductions to indoor occupancy have
placed severe financial strain on many restaurants in the City.
On May 13, 2020, in connection with a Discussion item sponsored by Commissioner Meiner
regarding sidewalk cafe permit fees, the Mayor and City Commission adopted After-the-Fact
Resolution No. 2020-31275, directing the City Manager to suspend or prorate annual sidewalk
café permit fees through September 30, 2020, pursuant to City Code Section 82-383(b) and
the City's Declaration of a State of Emergency, dated March 12, 2020, in response to the
COVID-19 pandemic.
In an effort to mitigate the catastrophic economic impacts of the COVID-19 pandemic on the
City's restaurants,the Mayor and City Commission now desire to authorize the City Manager to
suspend or prorate annual sidewalk café permit fees for the period of time commencing on
October 1, 2020,through and including December 31,2020.
AnclicaArea
South Beach
Is this a"Residents Richt Does this item utilize G.O.
to Know"item.pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Public Works
Boma
Commissioners Steven Meiner, David Richardson&Michael Gongora
ATTACHMENTS:
Description
o DRAFT RESO SW Cafe Fee Waiver
o May 13, 2020 Cornmssion discussion,waiving sidewalk cafe permit fees
Page 605 of 1855
Page 234 of 1707
9/1012020 Coversheet
New Business and Commission Requests-R9 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Commissioner Steven Meiner
DATE: May 13,2020
SUBJECT: DISCUSSION AND, IF NECESSARY, TAKE ACTION ON WAIVING SIDEWALK CAFE PERMIT FEES
CITYWIDE.
ANALYSIS
The current permitting structure on outdoor seating limits businesses from successfully contributing to the walkability, safety, and
attraction of 41st Street businesses. Waiving the fee will incentivize businesses to expand their services. Business owners and
residents alike have requested the`ee to be waivered.
SEE UPDATED MEMORANDUM •ATTACHED.
Please feel free to contact Amadeus Huff for additional information.
FINANCIAL INFORMATION
Applicable Area
Middle Beach
is this a"Residents RigFhtlg Does this item utilize G.O.
Know item,pursuant to Bond Funds?
Qy Code Section 2-14?
Yes No
Legislative Tracking
Commissioner Steven Meiner
ATTACHMENTS:
Description
n R9 E-WAIVING SIDEWALK CAFE DERMIT FEES CITYWIDE-UPDATED MEMORANDUM
Page 608 of 1855
httpsMntamibeach.novusagenda.comiagendapublic/CoverSheet aspRiVedateektgagVnglD=759 t!1
. • BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor Dan Gelber and Members of the City Commission
FROM: Commissioner Steven Meiner
DATE: May 8, 2020
SUBJECT: R9 E -WAIVING SIDEWALK CAFE PERMIT FEES CITYWIDE
Given the economic impact caused by the COVID-19 pandemic on Miami Beach
businesses, Item R9 E is being amended to waive all outdoor sidewalk cafe permit fees
Citywide. This is an extension from the initial sponsored item to waive these fees for 41st
Street businesses. This Citywide initiative will incentivize cafes, restaurants, and bars to
expand their services to outdoor seating. Outdoor seating capacity will also better allow
for social distancing per CDC safety guidelines. These permit fees would be waived for
six months with a possible extension of another six months to be considered during the
fiscal year 2021 budget process.
Signed,
Commissioner Steven Meiner
MIAM IBEACH
Steven Meiner
Commissioner
Office of the Mayor and Commission
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7105
www.miamibeachfl.bov
U:\ScansR9 E -05132O20.docx
Page 609 of 1855
Page 236 of 1707