Resolution 2021-31682 RESOLUTION NO. 2021-31682
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY
ADMINISTRATION AND THE CITY ATTORNEY'S OFFICE TO STUDY
AND ANALYZE NEW AMENDMENTS TO THE CODE OF THE CITY.OF
MIAMI BEACH IN ORDER TO ALLOW THE CITY TO BETTER CONTROL
QUALITY AND BEHAVIOR OF SIDEWALK CAFES ON CITY OWNED
PROPERTY TO ENHANCE TOURISM AND PROMOTE QUALITY
SERVICE; AND TO PREPARE THE NECESSARY CITY CODE
AMENDMENTS AS EXPEDITIOUSLY AS POSSIBLE FOR
CONSIDERATION BY THE MAYOR AND CITY COMMISSION.
WHEREAS, 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, which allows such individuals to relax and enjoy the consumption
of food and/or beverage(s) amongst the City's tropical and vibrant scenery; and
WHEREAS, the permitting, operation and maintenance of sidewalk cafes on public
property are currently governed by the City's Sidewalk Café Ordinance, which is codified
in Sections 82-366 through 82-389 of the City Code; and
WHEREAS, those business establishments seeking to operate, or continue
operating, sidewalk cafés on the City's property are subject to certain identifiable
standards, criteria and conditions 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 resort destination like the City of Miami Beach; and
WHEREAS, the City's Sidewalk Café Ordinance is periodically reviewed and
updated to ensure that the City's sidewalk cafés continue to operate at the highest
possible standards (again, commensurate with those standards expected by residents
and visitors to a world class destination like Miami Beach); 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, because the City has found that aesthetically pleasing and properly
operated and maintained sidewalk cafés can serve to enhance and complement
residents and visitors' experience and enjoyment of the City's historic (and other
recognized commercial and entertainment) districts/neighborhoods, the City subsidizes
. a large percentage of each sidewalk café's operating expenses by imposing sidewalk
café fees per square foot (that is, the fee charged to private business
establishments/restaurants for the privilege of operating and maintaining a sidewalk café
on the City's property) at a rate exponentially less than fair market value for such space;
and
WHEREAS, the City Commission has also found that the highest possible
standards, criteria, and conditions pertaining to the operation of sidewalk cafés are
critical, not only in order to maintain excellent levels of quality and service, but (among
other things) to: (i) preserve the aesthetic character of the City's right of ways; (ii) reduce
potential nuisances; and (iii) aid in the prevention of deceptive, misleading, or bait and
switch tactics by sidewalk café operators; and
WHEREAS, despite merely seeking compliance with those standards, criteria and
conditions required (and expected) of sidewalk café operators, the City continues to
expend significant resources (in terms of both staff time and monetary expenditures)
struggling to gain compliance with, and enforcement of, those regulations pertaining to
sidewalk cafés; and
WHEREAS, as part of its periodic, continuous review of the Sidewalk Café
Ordinance and, specifically, in continuing to find new and innovative ways to maintain the
level of excellence that the City expects from sidewalk cafes on public property, the Mayor
and City Commission hereby direct the Administration and the City Attorney's Office to
study and analyze new amendments to the Code of the City of Miami Beach in order to
allow the City to better control quality and behavior of sidewalk cafes, including but not
limited to, possible regulation and/or prohibition on the same or consumption of oversized
alcoholic beverages and hookahs at City sidewalk cafes.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby authorize and direct the City Administration and the City Attorney's
Office to study and analyze new amendments to the Code of the City of Miami Beach in
order to allow the city to better control quality and behavior of sidewalk cafes on City
owned property to enhance tourism and promote quality service, and to prepare the
necessary city code amendments as expeditiously as possible for consideration by the
Mayor and City Commission.
PASSED and ADOPTED this of day of 4r,'r 2021.
ATTEST: / 2-2 /9
Dan Gelber, Mayor
21
Rafael . Granado ity Clerk
: ::
�° if ' APPROVED AS TO
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ItiLORPORATED` EXECUTION
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City Attorney Date
2
Resolutions -C7 X
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz,Acting City Attorney
DATE: April 29, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION
AND THE CITY ATTORNEY'S OFFICE TO STUDY AND ANALYZE NEW
AMENDMENTS TO THE CODE OF THE CITY OF MIAMI BEACH IN ORDER
TO ALLOW THE CITY TO BETTER CONTROL QUALITY AND BEHAVIOR
OF SIDEWALK CAFES ON CITY OWNED PROPERTY TO ENHANCE
TOURISM AND PROMOTE QUALITY SERVICE, AND TO PREPARE THE
NECESSARY CITY CODE AMENDMENTS AS EXPEDITIOUSLY AS
POSSIBLE FOR CONSIDERATION BY THE MAYOR AND CITY
COMMISSION.
RECOMMENDATION
Pursuant to the request of the Mayor Dan Gelber,the above-referenced Resolution is submitted
for consideration by the Mayor and City Commission at the April 21,2021 Commission Meeting.
SUPPORTING SURVEY DATA
N/A
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
Office of the City Attorney
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Page 350 of 538
Description
o Resolution
Page 351 of 538