Ordinance 2021-4398 ORDINANCE NO.; 2021-4398
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "PUBLIC PROPERTY,"
BY AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-
WAY," BY AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFES," BY
AMENDING SUBDIVISION I, ENTITLED "GENERALLY," BY AMENDING
SECTION 82-371 THEREOF, ENTITLED "CIVIL FINES AND PENALTIES;
DENIAL OF FUTURE PERMITS TO REPEAT VIOLATORS; ENHANCED
PENALTIES," BY MODIFYING THOSE PENALTIES TO BE IMPOSED FOR
VIOLATIONS OF THIS DIVISION; AND BY AMENDING SUBDIVISION II,
ENTITLED "PERMIT," BY AMENDING SECTION 82-382 THEREOF,
ENTITLED "APPLICATION," BY FURTHER ENHANCING THE
PROHIBITION FOR PERMITTEES THAT REPEATEDLY VIOLATE THIS
DIVISION; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") has permitted the establishment and
operation of sidewalk cafés, on the City's governmental property, in order to provide a unique
environment for its residents and visitors, which allows these individuals to relax and enjoy the
consumption of food and/or beverage(s) amongst the City's tropical and vibrant scenery; and
WHEREAS, in order to ensure that sidewalk cafés in the City are operated and maintained
at the highest levels of quality and service, befitting an internationally renowned,world class resort
destination like the City of Miami Beach, the permitting, operation, and maintenance of sidewalk
cafes on public property are governed by the City's Sidewalk Café Ordinance, which is codified
in Sections 82-366 through 82-389 of the City Code; and
WHEREAS, a sidewalk café permit is a privilege and not a right, and the approval,
issuance and continued operation of a permitted sidewalk café is conditional at all times; and
WHEREAS, those business establishments granted the privilege to operate a sidewalk
café on the City's property are subject to certain identifiable standards, criteria, requirements, and
conditions; and
WHEREAS, the City Commission has found that the highest possible standards, criteria,
and conditions pertaining to the operation of sidewalk cafés are critical, not only toward
maintaining excellent levels of quality and service, but (among other things) to: (i) preserve the
aesthetic character of the City's rights-of-way by helping to diminish the proliferation of unsightly
food displays, street furniture, signage and other visual and physical clutter; (ii) reduce potential
nuisances including, without limitation, excessively loud music, hawking from sidewalk café
operators and their-employees to passing pedestrians, and overcrowding of the right-of-way; and
(iii) aid in the prevention of deceptive, misleading, or bait and switch tactics by sidewalk café
operators; and
WHEREAS, as part of its periodic, continuous review of the Sidewalk Café Ordinance, the
City Administration has determined that certain modifications to those penalty provisions, as
delineated in Sections 82-371 and 82-382 of the City Code, are necessary due to the continued
complaints pertaining to the business practices and conduct of sidewalk café operators, in
conjunction with the number of violations issued to such operators by the City for behavior
inconsistent with the City Code; and
WHEREAS, it is deemed to be in the best interest of the City that violations of Division 5,
entitled "Sidewalk Cafés," of the City Code be enforced in accordance with those augmented
penalty provisions set forth herein, in order to maintain consistently high operational standards
among sidewalk cafés in the City; and
WHEREAS, the City Administration recommends that these amendments, as set forth
below, are necessary to accomplish the objectives identified above; and
WHEREAS, the Mayor and City Commission desire to adopt the amendments herein to
the City's Sidewalk Café Ordinance, to further protect the public health, safety and welfare, and
continue to enhance the experience of sidewalk café patrons throughout the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That those Sections of the City's Sidewalk Café Ordinance, as such Ordinance is
codified in Section 82-371 of the City Code, be amended as follows and as hereinafter set forth
below:
CHAPTER 82
PUBLIC PROPERTY
* * *
ARTICLE IV. USES IN PUBLIC RIGHTS-OF-WAY
* * *
DIVISION 5. SIDEWALK CAFES
* * *
SUBDIVISION I. Generally
* * *
Sec. 82-371. Civil fines and penalties; denial of future permits to repeat violators; enhanced
penalties.
(a) Civil fines and penalties. The following civil fines and penalties shall be imposed for violations
of this division:
(1) First violation: $500.00.
(2) Second violation within the preceding 12 months: $750.00.
(3) Third violation within the preceding 12 months: Suspension of the sidewalk cafe permit
for one weekend (Saturday and Sunday) and $1,000.00.
(4) Fourth violation within the preceding 12 months: Revocation of the sidewalk cafe permit
for the remaining portion of the permit year and $1,250.00.
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(5) Failure to apply for permit: Termination of sidewalk cafe operations until a permit is
applied for and obtained.
(6) Failure to renew permit: Suspension of sidewalk cafe operations until the permit is
renewed.
(b) Enhanced penalties. The following enhanced penalties are authorized in addition to those
monetary penalties set forth in subsection (a) herein:
(1) A permittee who has been issued more than four or more violations pursuant to this
division within a permit year the preceding 12 months shall be prohibited from applying
for and obtaining a sidewalk cafe permit for a period of two consecutive permit years
following the permit year in which the permittee incurred the its most recent afered
violations.
(2) For life safety violations of this division and site plan violations, the city manager shall be
authorized to issue an immediate order suspending the sidewalk cafe permit and
operation, and the sidewalk cafe operator must cease operations for at least 24 hours,
and until the city manager finds that the violation(s) have been corrected and withdraws
the suspension order. The issuance of a notice of violation or an order suspending the
sidewalk cafe permit shall raise a rebuttable presumption that a life safety violation or
site plan violation; has occurred.
(3) For life safety violations of this division, the city manager shall be authorized to
commence proceedings, pursuant to Section 102-381 or 102-383 hereof, to suspend or
revoke the sidewalk cafe operator's business tax receipt. The issuance of a notice of
violation pursuant to this paragraph shall raise a rebuttable presumption that a life safety
violation has occurred.
(4) For violations of the Sidewalk Café Code of Conduct, as set forth in Section 82-389, the
following suspension and revocation penalties shall be imposed:
(a) Second First violation within the preceding 12 months: Suspension of the
sidewalk café permit for 24 hours.-and, upon reopening, the sidewalk café shall
cease all sidewalk café business operations at Midnight each day until the
permittee submits an operational plan, which must be approved by the city
manager, detailing how the violation(s)will be corrected.
(b) Third Second violation within the preceding 12 months: Suspension of the
sidewalk café permit for one weekend (Saturday and Sunday).- and, upon
reopening, the sidewalk café shall cease all sidewalk café business operations
at 10:00 p.m. each day until the permittee submits an operational plan, which
must be approved by the city manager, detailing how the violation(s) will be
corrected.
(c) Fourth Third violation within the preceding 12 months: Revocation of the
sidewalk café permit for the remaining portion of the permit year.
With respect to the proposed operational plans submitted by permittees pursuant to this
subsection(b)(4).the city manager. or the city manager's designee. shall use reasonable
efforts to a••rove or den a •ro•osed o•erational 'Ian within five 5 business da s of
submittal to the city manager(or the city manager's designee).
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(5) Reporting requirement. The city manager, or the city manager's designee, shall, on a
quarterly basis, present the city commission with a written report detailing the city's
enforcement activities relating to life safety violations of this division, site plan violations,
and violations of Sections 82-385(v), (w), and (x) 82-389. The report shall include
statistics relating to the number of enforcement actions taken against each sidewalk cafe
operator, and the outcome of each enforcement action.
SECTION 2. That those Sections of the City's Sidewalk Café Ordinance, as such Ordinance is
codified in Section 82-382 of the City Code, be amended as follows and as hereinafter set forth
below:
CHAPTER 82
PUBLIC PROPERTY
* * *
ARTICLE IV. USES IN PUBLIC RIGHTS-OF-WAY
* * *
DIVISION 5. SIDEWALK CAFES
* * *
SUBDIVISION II. Permit
* *
Sec. 82-382.Application.
(a) A sidewalk café permit shall be effective for one year, from October 1 until September 30 of
the following year.
(b) An application for a permit to operate a sidewalk café shall include, but not be limited to, the
following:
(1) The name, address and telephone number of the applicant/permittee.
(2) The name and address of the business establishment/restaurant seeking a permit to
operate the sidewalk café (including the name and address of the restaurant).
(3) A copy of a valid city occupational license to operate the restaurant in front of which the
proposed sidewalk café will be operating. The total count of chairs to be utilized for the
restaurant must include the number of chairs used in conjunction with the sidewalk café
and the number of chairs inside the restaurant, as authorized by the license.
(4) A copy of a valid certificate of use for the restaurant in front of which the proposed
sidewalk café will be operating.
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(5) Copies of current certificates of insurance in the amounts and categories required by
section 82-386 hereof.
(6) A site plan signed and sealed by a duly licensed architect or engineer which accurately
depicts the layout and dimensions of the existing sidewalk area and adjacent private
property; proposed location, size and number of tables, chairs, umbrellas, and any other
sidewalk café furniture; and location of doorways, steps, trees and/or landscaped areas,
fountains, parking meters, fire hydrants, bus shelters, directory/kiosks, public benches,
trash receptacles, and any other existing public fixtures, furnishings and/or other
obstruction(s) within the proposed sidewalk café area. The sidewalk café site plan shall
be approved by the city manager prior to the issuance of a sidewalk café permit, and the
permit shall be specifically limited to the subject area shown on the approved site plan.
(i) Notwithstanding the site plan requirement in subsection (b)(6), and only as applicable
to the operation of sidewalk cafés located in the area north of 63rd Street and south
of the city limits on 87th Terrace, through and including September 30, 2020, a
sidewalk café having no more than two tables and eight chairs, may satisfy the
requirement of subsection (b)(6) by applying for and obtaining a site plan designed
by the public works department for a fee of $250.00. A sidewalk café permit
applicant may only be eligible to apply for a site plan pursuant to this subsection
(b)(6)(i) if the operation of the proposed sidewalk café will result in no net increase
to the applicant's total number of restaurant seats. The provisions of this subsection
82-382(b)(6)(i) shall stand automatically repealed on September 30, 2020.
(7) Photographs, drawings or manufacturer's brochures fully describing the appearance and
dimensions of all proposed tables, chairs, umbrellas, and any other sidewalk café
furniture related to the operation of the sidewalk café. Tables, chairs, umbrellas, and any
other sidewalk café furniture shall be approved by the city manager prior to the issuance
of a sidewalk café permit.
(8) A copy of the approved sidewalk café site plan, shall be maintained on the premises of
the business establishment/restaurant with the sidewalk café permit, and shall be
available for inspection by city personnel at all times.
(9) The annual application shall be accompanied by a nonrefundable base application fee
as set forth in appendix A hereof. The nonrefundable base application fee shall not be
required for sidewalk café permit applications submitted to the city in conjunction with
the Washington Avenue Pilot Parklet Program, which program shall terminate on March
31, 2021. Additionally, the nonrefundable base application fee shall not be required for
sidewalk café permit applications submitted to the city for businesses on Washington
Avenue from 6th Street to Lincoln Road, for the period ending on September 30, 2021.
(10)Applications shall be reviewed for compliance with applicable city, state and federal laws,
and must be reviewed and approved by the city's public works department; fire
department; office of risk management; finance department; planning and zoning
department; and building department.
(11) Prior to issuance of a sidewalk café permit, the city's chief financial officer shall certify
that there are no outstanding fines, monies, fees, taxes or other charges owed to the city
by the applicant/permittee and/or the business establishment/restaurant.A sidewalk café
permit will not be issued until all outstanding debts to the city are paid in full.
(12) No sidewalk café permit shall be issued to a restaurant whose occupational license or
certificate of use is limited to take-out service and does not have inside seating.
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(13)A sidewalk café permit may not be transferred and/or otherwise assigned. A new owner
and/or operator of a business establishment/restaurant with a sidewalk café permit will
be required to apply for and obtain a new permit.
(14)The permit covers only the public right-of-way. Tables and chairs on private property will
be governed by other applicable regulations. No outdoor seating authorized pursuant to
this division shall be used for calculating seating requirements pertaining to location of,
applications for, or issuanceof, a liquor license; nor shall the outdoor seating be used as
the basis for computing required seating for restaurants, or as grounds for claiming
exemption from such requirements under the provisions of any applicable city, county,
and/or state law.
(15) Sidewalk cafés shall comply with all applicable accessibility codes including, without
limitation, the Americans with Disabilities Act (ADA), and state code provisions
addressing accessibility for building construction, as same may be amended from time
to time.
(16)A sample menu that will be used by the sidewalk café to display or disclose actual prices
for food and drink menu item(s), or display or disclose actual prices and accurate terms
and conditions for any food and drink menu special(s). The sample menu must display
or disclose the actual price for food or drink menu item(s) or food and drink menu
special(s) (and, if applicable, the accurate terms and conditions for any food and drink
menu special(s)) in a size (font) and typeface that is at least as large as the name of the
menu or food item, and such price (and, if applicable, terms and conditions) must be
displayed adjacent to the name, description, photograph, and/or image of each menu
item or menu special, except as may be expressly authorized pursuant to the sidewalk
café menu design guidelines adopted by the city commission. All menu prices must be
displayed in numeric format. The name of the restaurant must be prominently displayed
on the menu. Each sidewalk café operator shall submit a sample menu to the city each
year, which must be expressly approved by the city manager prior to each renewal of
the operator's sidewalk café permit.
(17) An affidavit by the sidewalk café applicant that the inclusion of an automatic gratuity or
service charge, either in the price of the meal or drink or separately imposed for all items
ordered, will be disclosed on the menu and the face of the customer's bill and receipt,
and that the total combined percentage and amount of the city, county, and state taxes
will also be stated on the face of the customer's bill and receipt. The affidavit must state
that the notification to the customer of an automatic gratuity or service charge and the
statement of the total combined percentage and amount of city, county, and state taxes
are being included consistent with, and pursuant to, those requirement(s) set forth in
subsections 82-389(b) and (c).
(18) Those applicants for a sidewalk café permit (or renewal of a sidewalk café permit) on
Ocean Drive, between 5th Street and 15th Street, must submit an affidavit certifying that:
a. Every manager and every employee assigned to work in the sidewalk café permit
area has successfully completed a hospitality training program that has been
previously approved by resolution of the mayor and city commission;
b. Within one year of completing such program and each year thereafter, every manager
and every employee assigned to work in the sidewalk café permit area shall
complete an abbreviated version of the same hospitality training program; and
c. Any newly hired manager or employee assigned to work in the sidewalk café permit
area must successfully complete such a hospitality training program.
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(19) A fully executed, original sidewalk café code of conduct affidavit, which shall be signed
(and duly notarized under oath by a licensed Florida notary) by an individual who is
legally authorized and empowered to contractually bind the sidewalk café permittee and
the business establishment/restaurant operating the sidewalk café. Such affidavit will
acknowledge that the sidewalk café permittee has agreed to be bound by the sidewalk
café code of conduct, as set forth in section 82-389, including the enhanced penalties
for violation of same, as set forth in subsection 82-371(b) herein.
(c) Renewals. As provided in subsection 82-371(b), a permittee who has been issued more than
four or more violations pursuant to this division within a permit year the preceding 12 months;
shall be prohibited from applying for and obtaining a sidewalk café permit for a
period of two consecutive permit years following the permit year in which the permittee
incurred its most recent violation.
SECTION 3. REPEALER.
All ordinances\or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the Miami
Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish
such intention, and the word "ordinance" may be changed to "section," "article," or other
appropriate word.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on the day of r�6r"i/ , 2021.
PASSED AND ADOPTED this '27 day of "TyNkAr/ , 2021.
ATTEST:
Dan Gelber, Mayor
Rafael E. Granado, Cit erk 4`9,�"''•
I NCORP RATED1
(Sponsored by Mayor Dan Gelber and Commissioner Mark Samuelian)
�C•H..26`
Underline denotes additions
Str ough denotes deletions APPROVED AS TO
Double underline denotes additions after First Reading FORM & LANGUAGE
denotes deletions after First Reading &FOR EXECUTION
7 I
City Attorney 4f Date
M
Ordinances - R5 A
MIAMI BEA M
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael Paz,Acting.City Attorney
DATE: January 27, 2021
5:01 p.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 82 OF THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "PUBLIC PROPERTY,"
BY AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-
WAY," BY AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFES," BY
AMENDING SUBDIVISION I, ENTITLED "GENERALLY," BY AMENDING
SECTION 82-371 THEREOF, ENTITLED "CIVIL FINES AND PENALTIES;
DENIAL OF FUTURE PERMITS TO REPEAT VIOLATORS; ENHANCED
PENALTIES," BY MODIFYING THOSE PENALTIES TO BE IMPOSED FOR
VIOLATIONS OF THIS DIVISION; AND BY AMENDING SUBDIVISION II,
ENTITLED "PERMIT," BY AMENDING SECTION 82-382 THEREOF,
ENTITLED "APPLICATION," BY FURTHER ENHANCING THE
PROHIBITION FOR PERMITTEES THAT REPEATEDLY VIOLATE THIS
DIVISION; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
Please see Memorandum attached.
SUPPORTING SURVEY DATA
Please see Memorandum attached.
FINANCIAL INFORMATION
No fiscal impact is anticipated.
Applicable Area
Not Applicable
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Page 46 of 174
Office of the City Attorney
Sponsor
Mayor Dan Gelber and Commissioner Mark Samuelian
ATTACHMENTS:
Description
D 2nd Rdg. Memo
❑ 2nd Rdg. Ordinance
❑ Ad
Page 47 of 174
M AM I B EAC 1-1
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, FL 33139 www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber
Members of the City Commission Second Reading/Public Hearing
Raul J.Aguila, Interim City Manager /,
FROM: Rafael A. Paz, Acting City Attorney I '
DATE: January 27, 2021
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "PUBLIC
PROPERTY," BY AMENDING ARTICLE IV,ENTITLED "USES IN PUBLIC
RIGHTS-OF-WAY," BY AMENDING DIVISION 5, ENTITLED "SIDEWALK
CAFES," BY AMENDING SUBDIVISION I, ENTITLED "GENERALLY," BY
AMENDING SECTION 82-371 THEREOF, ENTITLED "CIVIL FINES AND
PENALTIES; DENIAL OF FUTURE PERMITS TO REPEAT VIOLATORS;
ENHANCED PENALTIES," BY MODIFYING THOSE PENALTIES TO BE
IMPOSED FOR VIOLATIONS OF THIS DIVISION; AND BY AMENDING
SUBDIVISION II, ENTITLED "PERMIT," BY AMENDING SECTION 82-382
THEREOF, ENTITLED "APPLICATION," BY FURTHER ENHANCING THE
PROHIBITION FOR PERMITTEES THAT REPEATEDLY VIOLATE THIS
DIVISION; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
BACKGROUND
The proposed Ordinance, sponsored by Mayor Dan Gelber and Commissioner Mark Samuelian,
amends the City's Sidewalk Café Ordinance (as codified in Sections 82-366 through 82-389), to
provide for enhanced penalties for violations of the City's sidewalk café requirements, including
violations of the Sidewalk Café Code of Conduct.
On January 13, 2021, the Mayor and City Commission approved the proposed Ordinance on first
reading, with an additional amendment to clarify that once a permittee submits an operational
plan detailing how a violation will be corrected, the City Manager or City Manager's designee must
use reasonable efforts to approve or deny the permittee's proposed operational plan within five
(5) business days.
ANALYSIS
The City of Miami Beach (the "City") has authorized the establishment of sidewalk cafés in order
to provide a unique environment for its residents and visitors to relax and enjoy the consumption
of food and/or beverage(s) in an outdoor setting.
Page 48 of 174
However, a sidewalk café permit is a privilege and not a right, and the approval, issuance and
continued operation of a permitted sidewalk café is conditional at all times. In order to continue
to avail themselves of the privilege of operating a sidewalk café on public property, City's
permittees must satisfy City's various sidewalk café requirements, standards, criteria and
conditions, as set forth in the Sidewalk Café Ordinance.
The City Commission has also previously determined that the highest possible standards, criteria,
and conditions pertaining to the operation of sidewalk cafés are critical, not only toward
maintaining excellent levels of quality and service, but (among other things) to: (i) preserve the
aesthetic character of the City's rights-of-way by helping to diminish the proliferation of unsightly
food displays, street furniture, signage and other visual and physical clutter; (ii) reduce potential
nuisances including, without limitation, excessively loud music, hawking from sidewalk café
operators and their employees to passing pedestrians, and overcrowding of the right-of-way; and
(iii) aid in the prevention of deceptive, misleading, or bait and switch tactics by sidewalk café
operators.
Accordingly, as part of its periodic, continuous review of the Sidewalk Café Ordinance, the City
Administration has determined that certain modifications to those penalty provisions, as
delineated in Sections 82-371and 82-382 of the City Code, are necessary due to the continued
complaints pertaining to the business practices and conduct of sidewalk café operators, in
conjunction with the number of violations issued to such operators by the City for behavior
inconsistent with the City Code.
The City Administration has recommended that the Mayor and City Commission adopt the
proposed amendments to the Ordinance, to aid in ensuring that sidewalk cafés in the City operate
at the highest possible standards, befitting of the City of Miami Beach, and further protect the
public health, safety and welfare, and continue to enhance the experience of sidewalk café
patrons throughout the City.
If adopted on second reading, the enhanced penalties in the proposed Ordinance would apply
prospectively. Accordingly, after the effective date of the Ordinance, the next notice of violation
issued to any permittee would count as the first violation for purposes of imposing the new
enhanced penalties under the proposed Ordinance (without regard to prior violations issued to
that permittee in the preceding rolling twelve month period). In short, the "penalty clock" would
be reset for all permittees, for purposes of implementing the enhanced penalties.
Also, if adopted on second reading, the Interim City Manager shall direct the Code Compliance
Department to ensure additional outreach and notice is provided to sidewalk café permittees
regarding the enhanced penalties that will be imposed for violations of the City's Sidewalk Café
Ordinance.
RAP/MAF/bs
Page 49 of 174
SUNDAY JANUARY 112021 I NEIGHBORS 15NE
MIAMIHERALD.COM
MIAMI BEACH MIAMI BEACH
CITY OF MIAMI BEACH CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING HOW A PERSON MAY PARTICIPATE DURING THE
ORDINANCE AMENDING SIDEWALK CAFES PENALTIES JANUARY 27, 2021 CITY COMMISSION MEETING
JANUARY 27, 2021 CITY COMMISSION MEETING On January 27, 2021.commencing at 5:00 p.m.,the City of Miami Beach will host a Hybrid
On January 27,2021,the City of Miami Beach will host a Hybrid Commission Meeting.During the Commission Meeting.During the Hybrid Commission Meeting,a quorum of the City Commission will be
Hybrid Commission Meeting,a quorum of the City Commission will be physically present In a socially physically present in a socially distanced manner at the Convention Center,while staff,applicants,and
distanced manner at the Convention Center,while staff,applicants,and the public attend the meeting the public attend the meeting virtually.This Meeting is being held as a Hybrid Meeting,in compliance
virtually.This Meeting is being held as a Hybrid Meeting,In compliance eAth Resolution No.2020-31474, with Resolution No.2020-31474,to comply with social distancing recommendations intended to protect
• to comply with social distancing recommendations intended to protect the life and safety of individuals the life and safety of individuals in the community during the Coronavirus/COVID-19 pandemic.
in the community during the Coronavirus/COVID-19 pandemic.Members of the public may comment
on any item on the agenda using the Zoom platform.To participate or provide comments virtually,the •Observing the Commission Meeting:
public may join the City Commission Meeting at:,hltps://mlamlbeachll-gov.zoom.us/j/82722627304 The Commission Meeting will be broadcast live on Miami Beach TV(MBTV),viewable on the City's
or via telephone at:1.929.205.6099(U.S.)or 868.475.4499(Toll Free).Weblnar ID:62722627304x, webslte at https://www.miamlbeachil.gov/government/mbtn/,as well as on Aganllc Broadband Cable
Members of the public wanting to speak on an item during the meeting,are required to click the channel 660,AT&T U-verse channel 99,Hotwire Communications channel 395,and ROKU device
"raise hand'Icon it using the Zoom app or press'9 on the telephone to raise their hand.Members on PEG.TV channel.Closed captioning displays of the audio portion of the Commission Meeting is
of the public who do not have access to a computer and wish to provide public comment at the available In English and Spanish on MBTV,The Commission Meeting will also be broadcast live on
Commission meeting.may appear in-person at the Miami Beach Convention Center,1901 Convention social media at facebook.com/cltyolmiamibeach.Closed captioning displays of the audio portion of
Center Drive,Washington Avenue Entrance,Roam 237,Miami Beach,FL 33139.At this location, the Commission Meeting Is available in English on Facebaok.
members of the public will be provided access to a computer to provide public comment(only in audio
form)an agenda item(s). •Submitting written public comment before the Commission Meeting:
NOTICE IS HEREBY GIVEN that the following Public Hearing will be heard by the Mayor and City The public may submit written comments by sending an email to CityClerk(dmiamibeach8.gov by
Commissioners of the City of Miami Beach,Florida,on January 27,2021 al 5:01 p.m.or as soon 5:00 p.m.the day before the Commission Meeting.Please identity the Agenda item Number In the
thereafter as the matter can be heard: email sublet(line.Emails received will be forwarded to the Mayor and Commissioners and will be
101 o,m.Second Reading Public Hearigst Included as a part of the meeting record.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, .Providing spoken public comment during the Commission Meeting:
AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA,ENTITLED
'PUBLIC PROPERTY;BY AMENDING ARTICLE IV,ENTITLED'USES IN PUBLIC RIGHTS-OF-WAY,'By To participate or provide comments during the Commission Meeting,the public may join the webinar
AMENDING DIVISION 5,ENTITLED'SIDEWALK CAFES,'BY AMENDING SUBDIVISION I,ENTITLED at:htlps://miamibeachfl-gov.zoom.us/j/82722627304 or via telephone at:1.929.205.6099(U.S.)or
'GENERALLY,"BY AMENDING SECTION 82-371 THEREOF,ENTITLED'CIVIL FINES AND PENALTIES; 888.475.4499(Toll Free).The Webinar ID is:62722627304x.Members of the public wanting to
DENIAL OF FUTURE PERMITS TO REPEAT VIOLATORS:ENHANCED PENALTIES,'BY MODIFYING speak on an item during the meeting,must click the'raise hand'icon if using the Zoom app or press
THOSE PENALTIES TO BE IMPOSED FOR VIOLATIONS OF THIS DIVISION;AND BY AMENDING '9 on the telephone to raise their hand.
SUBDIVISION II, ENTITLED 'PERMIT," BY AMENDING SECTION 82-382 THEREOF, ENTITLED
"APPLICATION,'BY FURTHER ENHANCING THE PROHIBITION FOR PERMITTEES THAT REPEATEDLY Members of the public who do not have access to a computer and wish to provide public comment
VIOLATE THIS DIVISION;AND PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,AND at the Commission meeting, may appear In-person at the Miami Beach Convention Center,
AN EFFECTIVE DATE.This Ordinance is being heard pursuant to Section 2.05 of the City Charter and 1901 Convention Center Drive,Washington Avenue Entrance,Room 237,Miami Beach,FL 33139.At
Sec.166.041 F.S.Inquiries maybe directed to the Office of the City Attorney at 305.673.7470. this location,members of the public will be provided access to a computer to provide public comment
INTERESTED PARTIES are invited to take part In this meeting or be represented by an agent.The (only In audio farm)on an agenda item or during the Dr.Stanley Sulnlck Citizen's Speakers Forum.
public may submit written comments by sending an email to:C1tyClerkttmiamibeachtl.gov by 5:00 p.m, AUDIO/VISUAL PRESENTATIONS
the day before the City Commission Meeting.Please identity the Agenda Item Number in the email
subject line.Emails received will be forwarded to the Mayor and Commissioners and will be included Members of the public may present audio/visual(AV)materials relating to Agenda Items at City
as a part of the meeting record. Commission Meetings by utilizing the City's AV equipment,provided that materials are submitted
Copies of Agenda Items are available for public Inspection at:hllps:// w.mlamlbeachfl.gov/city- to the Department of Marketing and Communications by 8:30 a.m.,one(1)business day prior to
htlps://vw/w.mlamlbeachfi.gov/city-
This meeting,or any item therein,may be continued,and the meeting, Advance submittal of a presentation will allow the Communications Department
under such circumstances,additional legal notice need not be provided. to plan for the use of the appropriate AV equipment.AV materials must be submitted via email at
Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that if a person decides communlcationstsmtamibeachfl.gov.The body of the email must Include a notation listing the name or
group,contact person,daytime telephone number,email address,description/title of the presentation,
to appeal any decision made by the City Commission with respect to any matter considered at its and Agenda Item Title as well as the Agenda Item Number.Please reference'AudioMsual Material'In
meeting or Its hearing,such person must ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.This notice the email subject line.Acceptable formats for electronic submission are.pdL.ppl..pplx,.pas,.ppsx,
does not constitute consent by the City for the introduction or admission of otherwise inadmissible or •wmv,.avi,and mon.(Note that.pol is the preferred format for PowerPoint presentations.)
irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law. Interested parties are invited to take part in this meeting or be represented by an agent.Copies of
To request this material in alternate format,sign language interpreter(five-day notice required), Agenda hems are available for public Inspection at:htlps://www.mlamlbeachll.gov/city-hall/city-clerk/
Information on access for persons with disabilities,and/or any accommodation to review any document agenda-archive-main-page-2/.This meeting,or any item therein,may be continued,and under such
or participate In any City-sponsored proceedings,call 305.604.2489 and select 1 for English or 2 for circumstances,additional legal notice need not be provided.
Spanish,then option 6;TTY users may call via 711(Florida Relay Service). To request this material In alternate format,sign language Interpreter(five-day notice required),
The City Commission Meeting will be broadcast live on Miami Beach TV (MBTV), viewable information on access for persons with disabilities,and/or any accommodation to review any document
on the City's website at https://www.mlamlbeachfl.goo/government/mbly/, as well as on Atlantic or participate in any City-sponsored proceedings,call 305.604.2489 and select option 6;TTY users
Broadband Cable channel 660,AT&T U-verse channel 99,Hotwire Communications channel 395,and may call via 711(Florida Relay Service).
ROKU device on PEG.TV channel,and on social media at https://www.facebook.com/cityofmiamibeach.
Rafael E.Granado,City Clerk ---"'---"---Rafael E:Granado,City Clerk
City of Miami Beach City of Miami Beach
CltyClerk67miamibeachll,gov CltyClerkcdmlamibeachlt.gov
305.673.7411 305.673.7411
Ad 01272021-01 Ad 01272021-02
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