Resolution 2021-31867RESOLUTION NO. 2021-31867
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE
DURATION OF THE "RESTAURANT RECOVERY OUTDOOR
SEATING PILOT PROGRAM," AS ESTABLISHED BY
RESOLUTION NO. 2020-31276, THROUGH OCTOBER 31, 2021,
WHICH PROGRAM TEMPORARILY ALLOWS RESTAURANTS
TO EXPAND SIDEWALK CAFE 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 ALL
APPLICABLE PROVISIONS OF THE CITY'S SIDEWALK CAFE
ORDINANCE, AS SET FORTH IN CHAPTER 82, ARTICLE IV,
DIVISION 5 OF THE CITY CODE; PROVIDED THAT ELIGIBILITY
FOR THE EXTENSION THROUGH OCTOBER 31, 2021, SHALL
BE LIMITED TO RESTAURANTS LOCATED OUTSIDE OF THE
MXE MIXED USE ENTERTAINMENT DISTRICT.
WHEREAS, 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; and
WHEREAS, the rate of infection throughout the world and in the United States accelerated
rapidly, grinding most markets and businesses around the globe to a halt; and
WHEREAS, in order to limit the spread of COVID-19, both Miami -Dade County and! the
City of Miami Beach (the "City") issued various Emergency Orders including restrictions, social
distancing guidelines, and facial covering requirements on retail and commercial establishments,
including restaurants; and
WHEREAS, on May 13, 2020, the City Commission adopted Resolution No. 2020-31276,
establishing the Restaurant Recovery Outdoor Seating Pilot Program (the "Program"); and
WHEREAS, the Program temporarily allows restaurants to expand sidewalk cafe seating
areas onto public rights-of-way, or other outdoor seating areas on private property, subject to the
Administration's review and approval of a 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 applicable provisions of the Sidewalk Cafe Ordinance (set
forth in Chapter 82, Article IV, Division 5 of the City Code); and
WHEREAS, the Program has been extended through September 30, 2021 pursuant to
Resolution Nos. 2020-31406, 2020-31522, and 2021-31632; 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 extend the duration of the "Restaurant Recovery Outdoor Seating Pilot
Program," as established by Resolution No. 2020-31276, through October 31, 2021, which
Program temporarily allows restaurants to expand sidewalk cafe 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 all applicable provisions of the Sidewalk Cafe Ordinance, as set forth
in Chapter 82, Article IV, Division 5 of the City Code; provided that eligibility for the extension
through October 31, 2021, shall be limited to restaurants located outside of the MXE Mixed -Use
Entertainment district.
PASSED and ADOPTED this17
day of StPf. , 2021.
ATTEST: X��
Dan Gelber, Mayor
OCT 0 1 2021
Rafael E. Granado, City Clerk
iNCORP. InRATM
2
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
City Attorney
QJ_
Date
EXHIBIT "A"
RESTAURANT RECOVERY OUTDOOR SEATING PILOT PROGRAM
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 cafe permits
issued pursuant to Chapter 82, Article IV, Division 5 of the City Code (the "Sidewalk
Cafe Ordinance"). The permit shall authorize a restaurant to expand sidewalk cafe
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 and/or guidelines.
2. Duration of permit and periodic review. Each special event permit issued
pursuant to the Program shall terminate no later than October 31, 2021, unless the
Program is extended by the City Commission. Restaurants located within the MXE
mixed use entertainment district shall not be eligible for the extension through
October 31, 2021. At the expiration of the Program, 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 and this Resolution. 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. Deleted.
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 area(s); proposed
location, size, and number of tables, chairs, and any other furniture;; any
ramps, paths, pedestrian push buttons, fixtures, or any other features
required by any applicable accessibility codes including, without
limitation, the Americans with Disabilities Act ("ADA") or State code
provisions addressing accessibility for building construction; and location
of doorways, steps, trees and/or landscaped areas, fountains, parking
meters, fire hydrants, bus shelters, directory/kiosks, public benches,
3
trash receptacles, and any other existing fixtures, furnishings and/or
other obstruction(s) within the proposed expanded outdoor seating area.
b. The site plan shall be subject to the approval of the Public Works Director
prior to the issuance of a permit, to ensure that any site-specific
conditions or issues are appropriately addressed, and that the expansion
will not compromise public safety, pedestrian and vehicular traffic, or any
required public access. The permit shall be specifically limited to the
subject area shown on the approved site plan.
c. With respect to any site plan requesting a street or lane closure, they City
Manager (or designee) shall have the sole and absolute discretion
(subject to County approval, if required) to determine whether and which
parts of public rights-of-way may be closed to pedestrian or vehicular
traffic, or parking, in order to accommodate outdoor seating areas
pursuant to this Program.
8. Compliance with Sidewalk Cafe Ordinance. Permittees shall at all times abide
by applicable provisions of the City's Sidewalk Cafe Ordinance, subject to the
following exceptions:
a. Sidewalk cafe 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 City's Public
Works Director and/or Risk Manager), and shall additionally be required to list the
City as an additional insured party.
12. Enforcement / 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
Cafe 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.
4
New Business and Commission Requests - R9 P
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: September 17, 2021
SUBJECT: DISCUSSION TO CONSIDER THE DURATION OF THE "RESTAURANT RECOVERY OUTDOOR SEATING PILOT
PROGRAM," AS ESTABLISHED BY RESOLUTION NO. 2020-31276.
RECOMMENDATION
The Restaurant Recovery Outdoor Seating Program (the "Program") was initiated as a direct response to the economic impacts
associated with the SARS-CoV-2 pandemic. This initiative provided businesses an expedited way of expanding or creating outdoor
seating immediately after the partial reopening of the economy. While the Program was successful in helping restaurants re -open,
recent trends noted by our Public Safety departments indicate that some participants are not safely maintaining their areas of
operation. It also appears that some businesses that have opted not to participate in the Program are using some of the designated
outdoor areas and attracting undesirable behavior requiring an increase in response by Police and Code Enforcement.
Revised CDC guidelines released in August 2021 allowed some relaxation of masking and social distancing requirements, however,
recent trends with the Delta Variant indicate that the SARS-CoV-2 pandemic is still ongoing and active. Despite this recent spike in
Florida there are now more,tools to deal with the ongoing pandemic including vaccines and more readily available testing.
Although we believe that outdoor dining is still a desirable option, based on the challenges noted above the Administration doe's not
recommend extending the Program.
Instead; the Administration recommends the use of the City's codified Sidewalk Cafe and Parklet programs, should restaurants
choose to continue to provide outdoor seating. Under the Sidewalk cafe Ordinance, sidewalk cafe permits are available Citywide.
Additionally, pursuant to Ordinance No. 2021-4427 which was recently adopted by the City Commission on July 28, 2021, restaurants
on Washington Avenue, from 6th Street to Lincoln Road, and restaurants in the Sunset Harbour Neighborhood are eligible to apply for
parklet permits.
Should the City Commission still wish to extend the duration of the Restaurant Recovery Outdoor Seating Program, the attached
Resolution has been prepared, extending the program through December 31, 2021.
BACKGROUND/HISTORY
On March 11, 2020, the World Health Organization declared the rapidly spreading novel coronavirus ("COVID- 19") a pandi mic,
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. The foregoing closures had greatly
limited economic activity in the City of Miami Beach, and continued to adversely impact City businesses, including restaurants.
ANALYSIS
On May 13, 2020, the City Commission adopted Resolution No. 2020-31276, establishing the Restaurant Recovery Outdoor Seating
Pilot Program (the "Program").
This Program created opportunities for restaurants to expand their footprint, and mitigate the loss of seating associated with social
distancing requirements, in compliance with all applicable State, County, and City Emergency Orders.
The Restaurant Recovery Outdoor Seating Program temporarily allows restaurants to expand sidewalk cafe seating areas onto public
rights-of-way, or other outdoor seating areas on private property, subject to the Administration's review and approval of a proposed
site plan to ensure public safety and compliance with some of the relevant requirements of the Sidewalk Cafe Ordinance (set forth in
Chapter 82, Article IV, Division 5 of the City Code).
Since May of 2020, the Program has been extended through September 30, 2021 pursuant to Resolution Nos. 2020-31406, 2020-
31522 and 2021-31632.
SUPPORTING SURVEY DATA
Results from the 2019 Resident Survey regarding Satisfaction with Perceptions of the City show that 79% of residents rated quality
of life in the City as very satisfied/satisfied.
CONCLUSION
The Restaurant Recovery Outdoor Seating Program (the "Program") was initiated as a direct response to the economic impacts
associated with the SARS-CoV-2 pandemic. This initiative provided businesses an expedited way of expanding or creating outdoor
seating immediately after the partial reopening -of the economy. While the Program was successful in helping restaurants re -open,
recent trends noted by our Public Safety departments indicate that some participants are not safely maintaining their areas of
operation. It also appears that some businesses that have opted not to participate in the Program are using some of the designated
outdoor areas and attracting undesirable behavior requiring an increase in response by Police and Code Enforcement.
Revised CDC guidelines released in August 2021 allowed some relaxation of masking and social distancing requirements, however,
recent trends with the Delta Variant indicate that the SARS-CoV-2 pandemic is still ongoing and active. Despite this recent spike in
Florida there are now more tools to deal with the ongoing pandemic including vaccines and more readily available testing.
Although we believe that outdoor dining is still a desirable option, based on the challenges noted above the Administration does not
recommend extending the Program..
Instead, the Administration recommends the use of the City's codified Sidewalk Cafe and Parklet programs, should restaurants
choose to continue to provide outdoor seating. Under the Sidewalk cafe Ordinance, sidewalk cafe permits are available Citywide.
Additionally, pursuant to Ordinance No. 2021-4427 which was recently adopted by the City Commission on J my 28, 2021, restaurants
on Washington Avenue, from 6th Street to Lincoln Road, and restaurants in the Sunset Harbour Neighborhood are eligible to apply for
parklet permits.
Should the City Commission still wish to extend the duration of the Restaurant Recovery Outdoor Seating Program, the attached
Resolution has been prepared, extending the program through December 31, 2021.
Applicable Area
Citywide
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
Strategic Connection
Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality entertainment destination.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
D Exhibit Ato Restaurant Recovery Outdoor Seating Program (002)
D Resolution 2021-31632
❑ Ord 2021-4427
❑ Reso Extending Outdoor Pilot Program
EXHIBIT "A"
RESTAURANT RECOVERY OUTDOOR SEATING PILOT PROGRAM
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 cafe permits issued pursuant to Chapter 82, Article IV, Division 5
of the City Code (the "Sidewalk Cafe Ordinance"). The permit shall
authorize a restaurant to expand sidewalk cafe 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 December 31, 2021,
unless the Program is extended by the City Commission. At the expiration
of the Program, 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 28-20 ["County EO 28-20"], and including
the Handbook attached to County EO 28-20 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 28-20, and including
the Handbook attached to County EO 28-20 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
area(s); proposed location, size, and number of tables, chairs, and
any other furniture; any ramps, paths, pedestrian push buttons,
fixtures, or any other features required by any applicable
accessibility codes including, without limitation, the Americans with
Disabilities Act ("ADA") or State code provisions addressing
accessibility for building construction; 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 fixtures, furnishings and/or
other obstruction(s) within the proposed expanded outdoor seating
area.
b. The site plan shall be subject to the approval of the Public Works
Director prior to the issuance of a permit, to ensure that any site-
specific conditions or issues are appropriately addressed, and that
the expansion will not compromise public safety, pedestrian and
vehicular traffic, or any required public access. The permit shall be
specifically limited to the subject area shown on the approved site
plan.
c. With respect to any site plan requesting a street or lane closure,
the City Manager (or designee) shall have the sole and absolute
discretion (subject to County approval, if required) to determine
whether and which parts of public rights-of-way may be closed to
pedestrian or vehicular traffic, or parking, in order to accommodate
outdoor seating areas pursuant to this Program.
8. Compliance with Sidewalk Cafe Ordinance. Permittees shall at all times
abide by applicable provisions of the City's Sidewalk Cafe Ordinance,
subject to the following exceptions:
a. Sidewalk cafe 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
2
City's Public Works Director and/or Risk Manager), and shall additionally be
required to list the City as an additional insured party.
12. Enforcement / 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 Cafe 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.
3
RESOLUTION NO. 2021-31632
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE DURATION OF
THE "RESTAURANT RECOVERY OUTDOOR SEATING PILOT
PROGRAM," AS ESTABLISHED BY RESOLUTION NO. 2020-31276,
THROUGH SEPTEMBER 30, 2021, WHICH PROGRAM
TEMPORARILY ALLOWS RESTAURANTS TO EXPAND SIDEWALK
CAFE 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 CITY'S SIDEWALK CAFE ORDINANCE, AS SET
FORTH IN CHAPTER 82, ARTICLE IV, DIVISION 5 OF THE CITY
CODE; AND (2) SOCIAL DISTANCING AND SANITATION
REQUIREMENTS OR GUIDELINES IMPOSED BY THE STATE OF
FLORIDA, MIAMI-DADE COUNTY, AND CITY OF MIAMI BEACH
UNDER ANY APPLICABLE EMERGENCY ORDER, WHICH SHALL
CONTINUE UNLESS TERMINATED BY THE CITY COMMISSION.
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 COVI D-!
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, the County and the City have issued a number of Emergency Orders
that temporarily closed and/or imposed restrictions on public and private facilities„
including temporary closures, occupancy limits, and other restrictions applicable to
restaurants; and
1
Page 444 of 2284
WHEREAS, the foregoing restrictions 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, the significant reductions to indoor occupancy in response to the
COVID-19 Pandemic, has placed financial strain on many restaurants throughout the
City; and
WHEREAS, the City Commission adopted Resolution No. 2020-31276 on May 13,
2020, which established the Restaurant Recovery Outdoor Seating Pilot Program (the
"Program"), in order to permit restaurants to expand their footprint as a further effort to
mitigate the loss of seating associated with COVID-19 social distancing requirements in
response to State, County, and City Emergency Orders; and
WHEREAS, the Program permits restaurants to expand their sidewalk cafe 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 these
expanded area(s); and
WHEREAS, these restaurant operators are subject to those applicable provisions
of the Sidewalk Cafe Ordinance (set forth in Chapter 82, Article IV, Division 5 of the City
Code), and social distancing and sanitation guidelines or requirements imposed by the
State of Florida, Miami -Dade County, and City of Miami Beach pursuant to those
emergency orders issued to prevent the spread of COVID-19; and
WHEREAS, the City Commission approved an extension to the program on
September 16, 2020, via Resolution 2020-31406, which expired on December 31, 2020;
and another extension on December 9, 2020, via Resolution 2020-31523, which is set to
expire on March 31, 2021; and
WHEREAS, the Administration recommends an additional extension to the
Restaurant Recovery Outdoor Seating Pilot Program through September 30, 2021, in
order to continue to promote business operations and economic recovery consistent with
the terms of the Program as set forth in Exhibit "A" to this Resolution, and incorporated
herein by reference.
2
Page 445 of 2284
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 extend the duration of the "Restaurant Recovery Outdoor Seating
Pilot Program," as established by Resolution No. 2020-31276, through September 30,'
2021, which Program temporarily allows restaurants to expand sidewalk cafd 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 Caf& 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, which shall continue until terminated
by the City Commission.
PASSED and ADOPTED this 1 r day of March, 2021.
ATTEST:
793/ Z1
Rafae E. Granado, City Clerk
Dan Gelber, Mayor
' D AS TO
I,JUMP 041T DI GUAGE
7At
ECUTION
4itVy re
3
Page 446 of 2284
ORDINANCE NO. 2021-4427
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,"
ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 5,
ENTITLED "SIDEWALK CAFES," SUBDIVISION 11, ENTITLED "PERMIT," BY
AMENDING SECTION 82-382, ENTITLED "APPLICATION," AND SECTION 82-
383, ENTITLED "PERMIT FEE; PENALTIES FOR LATE PAYMENT; REVIEW
OF FEE; EXCEPTION," TO REPEAL OUTDATED PROVISIONS; AND BY
CREATING SECTION 82-390 THEREOF, ENTITLED "PARKLET PROGRAM,"
TO CREATE A SIDEWALK CAFE PARKLET PROGRAM, ESTABLISH THE
SCOPE OF THE PROGRAM, PROVIDE FOR DESIGN GUIDELINES, IDENTIFY
PERMITTED PARKLET AREAS, PROVIDE FOR AN APPLICATION, SITE
PLAN, AND FEES, INCORPORATE THE PROVISIONS OF THE SIDEWALK
CAFE ORDINANCE, AND PROVIDE FOR REMOVAL; AND AMENDING
APPENDIX "A" TO THE CITY CODE, ENTITLED "FEE SCHEDULE," TO
ESTABLISH A BASE PARKLET APPLICATION FEE AND AN ANNUAL
901 Es -FOOT PER -PARKING SPACE PARKLET FEE; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, a parklet is a small park, plaza, or creative public space that is physically
installed or constructed in an on -street parking space; and
WHEREAS, the Mayor and City Commission desire to amend the Sidewalk Cafe
Ordinance, set forth in Chapter 82, Article IV, Division 5 of the City Code, to permit sidewalk cafes
to operate in parklets on City rights-of-way along Washington Avenue, between 6th Street and
Lincoln Road, and in the Sunset Harbour neighborhood (generally bounded by Purdy Avenue to
the west, 20th Street and the waterway to the north, Alton Road to the east, and Dade Boulevard
to the south).
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:.
SECTION 1. Chapter 82 of the City Code is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE IV, USES IN PUBLIC RIGHT OF WAY
DIVISION 5. SIDEWALK CAFES
Subdivision 11. Permit
Sec. 82-382. Application.
(9) The annual application shall be accompanied by a nonrefundable base application fee
as set forth in appendix A hereof. The nonFefundable base app"GatieR fee --shall Ret -he
31;-024. Notwithstanding the foregoing. the nonrefundable base
application fee shall not be required for sidewalk cafe 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.
Sec. 82-383. Permit fee; penalties for late payment; review of fee; exception.
(a) The annual permit fee for operation of a sidewalk cafe shall be as set forth in appendix A .
hereof, and shall be based on a per square foot calculation .of permitted sidewalk area
(including the area between the tables and chairs).
(2)
pFogFam shall teFFninate on MaFGh 31, 2021. Additionally, No square footage fee as
required by this section shall be required for the operation of sidewalk cafes' on
Washington Avenue, from 5th Street 'to -Lincoln Road, for the period ending on
September 30, 2021.
Sec. 82-390. Parklet Program.
U Definition. The term parklet shall mean a sidewalk cafe (as defined in this division) that;is
Physically installed in an on -street parking space or, as may be approved by the public
works director within the director's sole discretion, in a portion of a street.
u Scope of program. Eligibility to apply for and obtain a parklet permit shall be limited to
restaurants located (i) along Washington Avenue. between 6th Street and Lincoln Road,
and (ii) in the Sunset Harbour neighborhood (generally bounded by Purdy Avenue to the
west, 20th Street and the waterway to the north, Alton Road to the east, and Dade
Boulevard to the south). An applicant is not required to hold an existing sidewalk cafe
permit under this division in order to apply or be eligible for a parklet permit.
I') Design .quidelines. The operation of a parklet shall at all times be consistent with the City's
Parklet Design Guidelines, as may be adopted or amended by resolution of the Citv
Commission.
Permitted parklet area. The area of each parklet shall be limited to a maximum of two on -
street parking spaces fronting the permittee's. restaurant business, as depicted on the
permit application, subject to the requirements set forth in the Parklet Design Guidelines.
Parklets shall be restricted to restaurant frontages where on -street parking spaces exist
along the. curb line; and any other portion of a street, as may be approved by the public
works director. Applications for parklets in angled parking spaces shall be evaluated by
the public works director on a case-by-case basis.
(e) Application and site plan. In addition to the sidewalk cafe permit application requirements
set forth in section 82-382, each parklet permit application shall include a site plan signed
and sealed by a duly licensed architect or engineer which accurately depicts the layout
and dimensions of the parklet area including buffers and barriers, the proposed location,
size; and number of tables, chairs, umbrellas, and any other furniture; the location of
doorways, steps, trees, avid/or landscaped areas, fountains, parking meters, fire hydrants,
utility infrastructure, bus shelters, directory/kiosks, public benches, trash receptacles, and
any other existing public fixtures, furnishings and/or other obstruction(s) within the
proposed parklet area. The site plan shall be approved by the city manager prior to the
Each parklet shall be installed on a raised platform, flush with the adjacent sidewalk.
Fees.
(1) Application fee. Each parklet application, which must be submitted each year, shall
be accompanied by a nonrefundable base application fee as set forth in appendix
A to this Code.
(2) Annual permit fee. The annual permit fee for operation of a parklet shall be as set
forth in appendix A and shall be based on a,per-parking_ space
calculation for eachage arklet.
LM Applicability of Sidewalk Cafe Ordinance. Except as otherwise provided in this section,
each parklet permittee shall at all times abide by the provisions of this division, including
without limitation, the sidewalk cafe code of conduct (set forth in section 82-389), all
enforcement and penalty provisions, and the criteria for permit renewal, all of which shall
be incorporated by reference in each parklet permit.
Ltj Hurricanes and major weather events. In addition to the provisions of section 82-381, upon
written and/or verbal notification by the city manager of a hurricane or other maior weather
event, or the issuance of a hurricane warning by Miami -Dade County, whichever occurs
first, the permittee shall, within no more than four hours, promptly secure each parklet
platform pursuant to the permittee's Hurricane Preparedness Plan submitted as part of the
parklet application, as approved by the public works director, unless such'platform was
designed, constructed, and installed to withstand hurricane -force winds (as approved by
the public works director).
Removal. As a condition of obtaining a parklet permit, each permittee shall agree in writing
that the city manager may cause the immediate termination, suspension, closure, removal,
relocation and/or storage of all or part of a parklet operation and/or parklet furniture in
those circumstances where the city manager determines it reasonably necessary for the
protection of the public health, safety, or welfare.
SECTION 2.
Appendix A to the City Code, entitled "Fee Schedule," is hereby amended as set forth in
"Exhibit A" to this Ordinance.
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, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
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 a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re -lettered 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 the 7 day -r2021.
PASSED and ADOPTED this 28 day of 7Ky , 2021.
ATTEST:
:d S2ZWLJ
Rafael E. Granado, City berk
I aRp RATED.'
Dan Gelber, Mayor
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
City Attorney Date
Underline denotes additions
StFikethFough denotes deletions
Double underline denotes additions after First Reading
denotes deletions after First Reading
(Sponsored by: Commissioner Ricky Arriola)
EXHIBIT "A"
AMENDMENTS TO FEE SCHEDULE
Chapter 82. Public Property
T7
Article Ill. Use of Public Property
Division 5. Sidewalk Cafes
82-390
Base parklet application fee
750.00
LA]
82-390
Annual parklet fee, per sauam feet of tetal n.umb
34.00
u
'
parking spaces per day
Agenda Item
Date 7-a8 al
w
Ordinances - R5 A
MI-AMIBEACH
COMMISSION
MEMORANDUM
TO: Honorable Mayor and Members of the City
Commission
FROM: Alina T. Hudak, City Manag
DATE: July 28, 2021
10:05 a.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," ARTICLE IV, ENTITLED "USES IN PUBLIC
RIGHTS-OF-WAY," DIVISION 5, ENTITLED "SIDEWALK CAFES,"
SUBDIVISION II, ENTITLED "PERMIT," BY AMENDING SECTION 82-
382, ENTITLED "APPLICATION," AND SECTION 82-383, ENTITLED
"PERMIT FEE; PENALTIES FOR LATE PAYMENT; REVIEW OF FEE;
EXCEPTION," TO REPEAL OUTDATED PROVISIONS; AND BY
CREATING SECTION 82-390 THEREOF, ENTITLED "PARKLET
PROGRAM," TO CREATE A SIDEWALK CAFE PARKLET PROGRAM,
ESTABLISH THE SCOPE OF THE PROGRAM, PROVIDE FOR
DESIGN GUIDELINES, IDENTIFY PERMITTED PARKLET AREAS,
PROVIDE FOR AN APPLICATION, SITE PLAN, AND FEES,
INCORPORATE THE PROVISIONS OF THE SIDEWALK CAFE
ORDINANCE, AND PROVIDE FOR REMOVAL; AND AMENDING
APPENDIX "A" TO THE CITY CODE, ENTITLED "FEE SCHEDULE," TO
ESTABLISH A BASE PARKLET APPLICATION FEE AND AN
ANNUAL PER -SQUARE FOOT PER -PARKING SPACE PARKLET
FEE; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission (1) accept the
recommendation of the Land Use and Sustainability Committee ("LUSC") to continue
to permit expanded outdoor seating along Washington Avenue on a more permanent
basis, and to include the Sunset Harbour neighborhood; (2) approve the attached
Ordinance on Second Reading Public Hearing, which Ordinance codifies the
sidewalk cafe parklet program, incorporates existing requirements for sidewalk
cafes, and creates additional requirements specific to parklets.
BACKGROUND/HISTORY
A parklet is a small park, plaza, or creative public space that is physically installed or
constructed in an on -street parking space.
In 2015, the Mayor's Blue Ribbon Panel for Washington Avenue recommended that
the City Commission encourage the establishment of parklets along Washington
Avenue, in order to stimulate economic development and further activate the
Washington Avenue corridor.
The Mayor and City Commission approved the creation of the Washington Avenue
Pilot Parklet Program ("Pilot Program") on December 9, 2015, allowing businesses
located along Washington Avenue to install parklets for utilization by sidewalk cafes
in on -street parking spaces on a temporary basis, subject to certain requirements
and criteria. In order to encourage restaurants to participate in the Pilot Program, the
Mayor and City Commission amended the City Code to abate sidewalk cafe permit
application fees and per -square -foot permit fees for sidewalk cafe operators that
participated in the Pilot Program.
The abatement was extended for a total duration of three (3) years. The Pilot
Program was originally scheduled to terminate on March 31, 2019. On July 17, 2019,
the City Commission adopted Ordinance No. 2019-4281, extending the duration of
the Pilot Program through March 31, 2021.
On January 20, 2021, the LUSC held a discussion regarding sidewalk cafes and
parklets in the Sunset Harbour neighborhood. The LUSC members recommended
that parklets for sidewalk cafe seating continue to be permitted, and recommended
that staff draft an Ordinance to make the program permanent.
On June 23, 2021, a First Reading to the Ordinance was read into the record and
approved by the City Commission. A Second Reading Public Hearing was
scheduled on July 28, 2021, along with a request from the Commission members to
the Administration to present a proposed Parklet Design Guideline to the scheduled
City Commission for final approval.
During a preliminary virtual outreach with representatives from the Sunset Harbour
Neighborhood Association (SHNA), SHNA members requested that hours of
operation for all outdoor seating conclude at 12 midnight. At a preliminary virtual
outreach with the Washington Avenue BID (WAVE), WAVE representatives were
supportive of the program as a whole.
Staff held a virtual public meeting on Monday, July 19, 2021, at 5:30PM. During the
meeting, the proposed parklet program overview was presented. There were
approximately 32 signed on/call-in attendees. At the meeting, a Sunset Harbour
business owner requested that hours of operation remain past midnight as is today.
The Administration will present a proposed Parklet Design Guideline to the
Commission for adoption by resolution concurrently at second reading of this
ordinance. In addition, there is a recommendation to establish a base parklet
application fee and an annual per -parking .space parklet fee. Language has also
been amended to clarify that the applicant will not be required to hold an existing
sidewalk cafe permit in order to apply or be eligible for a parklet permit.
ANALYSIS
Following the World Health Organization declaration of the COVID-19 pandemic on
March 11, 2020, Miami -Dade County and the City of Miami Beach issued a number
of Emergency Orders that temporarily closed and/or imposed restrictions on public
and private facilities, including temporary closures, occupancy limits, and other
restrictions applicable to restaurants.
The foregoing restrictions greatly limited economic activity in the City of Miami
Beach, and adversely impacted City businesses, including restaurants. On May 13,
2020, the City Commission adopted Resolution No. 2020-31276, creating the
Restaurant Recovery Outdoor Seating Program ("Outdoor Seating Program"), in an
effort to encourage businesses to reopen and promote economic recovery, while
safeguarding the public's health and safety.
The Outdoor Seating Program, which has been extended through September 30,
2021 (pursuant to'Resolution No. 2021- 31632), permits restaurants to expand their
footprint to promote social distancing and activate the public realm. The attached
Ordinance has been drafted to implement the LUSC's recommendation to continue
to permit parklets along Washington Avenue, between 6th Street and Lincoln Road,
and include Sunset Harbour on a more permanent basis.
The Ordinance creates a Parklet Program, establishes the scope of the Program,
provides for Parklet Design Guidelines, identifies permitted parklet areas, provides
for an application, site plan, and fees, incorporates provisions of the Sidewalk Cafe
Ordinance, and provides for removal.
SUPPORTING SURVEY DATA
Results from the 2019 Resident Survey regarding Satisfaction with Perceptions of
the City show that 73% of residents rated the overall image of the City as very
satisfied/satisfied. In order to continue maintaining excellent standards in this area,
the City recommends that the City Commission approve the Ordinance on Second
Reading Public Hearing.
CONCLUSION
The Administration recommends that the City Commission (1) accept the
recommendation of the Land Use and Sustainability Committee ("LUSC") to continue
to permit expanded outdoor seating along Washington Avenue on a more permanent
basis, and to include the Sunset Harbour neighborhood; (2) approve the attached
Ordinance on Second Reading Public Hearing, which Ordinance codifies the
sidewalk cafe parklet program, incorporates existing requirements for sidewalk
cafes, and creates additional requirements specific to parklets.
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
Strategic Connection
Prosperity - Market and promote Miami Beach as a world class arts, culture, and
quality entertainment destination. _
Legislative Tracking
Public Works
Sponsor
Vice -Mayor' Ricky Arriola
ATTACHMENTS:
Description
D Ordinance
Ordinances - R5 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members'of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: July 28, 2021
10:05 a.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,"
ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 5,
ENTITLED "SIDEWALK CAFES," SUBDIVISION II, ENTITLED "PERMIT,"
BY AMENDING SECTION 82-382, ENTITLED "APPLICATION," AND
SECTION 82-383, ENTITLED "PERMIT FEE; PENALTIES FOR LATE
PAYMENT; REVIEW OF FEE; EXCEPTION," TO REPEAL OUTDATED
PROVISIONS;AND BYCREATING SECTION 82-390 THEREOF, ENTITLED
"PARKLET PROGRAM," TO CREATE A SIDEWALK CAFE PARKLET
PROGRAM, ESTABLISH THE SCOPE OF THE PROGRAM, PROVIDE FOR
DESIGN GUIDELINES, IDENTIFY PERMITTED PARKLET AREAS,
PROVIDE FOR AN APPLICATION, SITE PLAN, AND FEES,
INCORPORATE THE PROVISIONS OF THE SIDEWALK CAFE
ORDINANCE, AND PROVIDE FOR REMOVAL; AND AMENDING
APPENDIX "A" TO THE CITY CODE, ENTITLED "FEE SCHEDULE," TO
ESTABLISH A BASE PARKLETAPPLICATION FEE AND AN ANNUAL PER
SQUARE PER -PARKING SPACE PARKLET FEE; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
(ITEM TO BE SUBMITTED IN SUPPLEMENTAL)
SUPPORTING SURVEY DATA
NIA
Applicable Area
South Beach
Is this a "Residents Right
to Know" item, pursuant to
Citv Code Section 2--%?
Yes
Strategic Connection
Does this Item utilize G.O.
Bond Funds?
mil
Page 858 of 2012
Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality
entertainment destination.
Legislative Tracking
Public Works
Sponsor
Vice -Mayor Ricky Ardola
Page 859 of 2012
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE
DURATION OF THE "RESTAURANT RECOVERY OUTDOOR
SEATING PILOT PROGRAM," AS ESTABLISHED BY
RESOLUTION NO. 2020-31276, THROUGH DECEMBER 31,
2021, WHICH PROGRAM TEMPORARILY ALLOWS
RESTAURANTS TO EXPAND SIDEWALK CAFE 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
ALL APPLICABLE PROVISIONS OF THE CITY'S SIDEWALK
CAFE ORDINANCE, AS SET FORTH IN CHAPTER 82, ARTICLE
IV, DIVISION 5 OF THE CITY CODE.
WHEREAS, 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; and
WHEREAS, the rate of infection throughout the world and in the United States accelerated
rapidly, grinding most markets and businesses around the globe to a halt; and
WHEREAS, in order to limit the spread of COVID-19, both Miami -Dade County and the
City of Miami Beach (the "City") issued various Emergency Orders including restrictions, social
distancing guidelines, and facial covering requirements on retail and commercial establishments,
including restaurants; and
WHEREAS, on May 13, 2020, the City Commission adopted Resolution No. 2020-31276,
establishing the Restaurant Recovery Outdoor Seating Pilot Program (the "Program"); and
WHEREAS, the Program temporarily allows restaurants to expand sidewalk cafe seating
areas onto public rights-of-way, or other outdoor seating areas on private property, subject to the
Administration's review and approval of a 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 applicable provisions of the Sidewalk Cafe Ordinance (set
forth in Chapter 82, Article IV, Division 5 of the City Code); and
WHEREAS, the Program has been extended through September 30, 2021 pursuant to
Resolution Nos. 2020-31406, 2020-31522, and 2021-31632; 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 extend the duration of the "Restaurant Recovery Outdoor Seating Pilot
Program," as established by Resolution No. 2020-31276, through December 31, 2021, which
Program temporarily allows restaurants to expand sidewalk cafe 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 all applicable provisions of the Sidewalk Cafe Ordinance, as set forth
in Chapter 82, Article IV, Division 5 of the City Code,
PASSED and ADOPTED this day of , 2021.
ATTEST:
Rafael E. Granado, City Clerk
2
Dan Gelber, Mayor
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
-2,)
City Attorney Date
EXHIBIT "A"
RESTAURANT RECOVERY OUTDOOR SEATING PILOT PROGRAM
Pilot_prog_ram. The Restaurant Recovery Outdoor Seating Pilot Program (the
"Program") shall be implemented via special event permits pursuant to Section 12L.
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 cafe permits
issued pursuant to Chapter 82, Article IV, Division 5 of the City Code (the "Sidewalk
Cafe Ordinance"). The permit shall authorize a restaurant to expand sidewalk cafb
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 and/or guidelines.
2. Duration of permit and periodic review. Each special event permit issued
pursuant to the Program shall terminate no later than December 31, 2021, unless
the Program is extended by the City Commission. At the expiration of the Program,
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 and this Resolution. 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. Deleted.
Site plan review.
a. Each applicant shall be required to submit a proposed site plan showing
the layout and dimensions of the proposed seating area(s); proposed
location, size, and number of tables, chairs, and any other furniture; any
ramps, paths, pedestrian push buttons, fixtures, or any other features
required by any applicable accessibility codes including, without
limitation, the Americans with Disabilities Act ("ADA") or State code
provisions addressing accessibility for building construction; and location
of doorways, steps, trees and/or landscaped areas, fountains, parking
meters, fire hydrants, bus shelters, directory/kiosks, public benches,;
3
trash receptacles, and any other existing fixtures, furnishings and/or
other obstruction(s) within the proposed expanded outdoor seating area.
b. The site plan shall be subject to the approval of the Public Works Director
prior to the issuance of a permit, to ensure that any site-specific
conditions or issues are appropriately addressed, and that the expansion
will not compromise public safety, pedestrian and vehicular traffic, or any
required public access. The permit shall be specifically limited to the
subject area shown on the approved site plan.
c. With respect to any site plan requesting a street or lane closure, the City
Manager (or designee) shall have the sole and absolute discretion
(subject to County approval, if required) to determine whether and which
parts of public rights-of-way may be closed to pedestrian or vehicular
traffic, or parking, in order to accommodate outdoor seating areas
pursuant to this Program.
Compliance with Sidewalk Cafe Ordinance. Permittees shall at all times abide
by applicable provisions of the City's Sidewalk Cafe Ordinance, subject to the
following exceptions:
a. Sidewalk cafe 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 City's Public
Works Director and/or Risk Manager), and shall additionally be required to list the
City as an additional insured party.
12. Enforcement / 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
Cafe 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.
4