Resolution 2022-32024RESOLUTION NO. 2022-32024
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY
ATTORNEY'S OFFICE AND THE CITY ADMINISTRATION TO
DEVELOP PROPOSED OPTIONS TO ENSURE THAT THE USE OF
CITY RIGHTS-OF-WAY FOR THE OPERATION OF SIDEWALK CAFES
REMAINS AT ALL TIMES A DISCRETIONARY, REVOCABLE
PRIVILEGE AND NOT A RIGHT, AND TO FURTHER ENSURE THAT
PUBLIC PROPERTY IS MADE AVAILABLE SOLELY TO
RESPONSIBLE SIDEWALK CAFE OPERATORS WHO ADVANCE THE
PUBLIC PURPOSE OF ALLOWING SIDEWALK CAFES, AS
INTERPRETED SOLELY BY THE CITY.
WHEREAS, the City of Miami Beach (the "City") has created a sidewalk cafe program
in order to use the City's property to advance a public purpose; namely, to provide a unique
environment for the City's residents and visitors to allow them to relax and enjoy the
consumption of food and/or beverage(s) amongst the City's tropical and vibrant scenery; and
WHEREAS, sidewalk cafes in the City must always be operated and maintained at the
highest levels of quality and service, befitting an internationally renowned resort destination like
the City of Miami Beach, if the City's public purpose is to be achieved; and
WHEREAS, the City created the sidewalk cafe program as a partnership between
sidewalk cafe operators and the City to provide an enhancement to the City's rights-of-way by
allowing operators to provide their restaurant offerings in a fashion that the City, in its sole
discretion, deemed to advance this public purpose; and
WHEREAS, consistent with that purpose, the City has always made clear that a sidewalk
cafe permit is a privilege and not a right, and the approval, issuance and continued operation of
a sidewalk cafe is (and should be) conditional and subject to the City Manager's sole discretion
at all times; and
WHEREAS, it has always been the intention of this Commission to create a sidewalk cafe
program that allowed complete discretion for the City Manager to determine which sidewalk cafe
operators are advancing the public purpose of the program and to approve, issue, renew, and
revoke permits solely based upon her judgment as to that consideration; and
WHEREAS, it has never been the intention of this Commission to create any property right
of any kind in the sidewalk cafe permit issued to a sidewalk cafe operator to use the City's rights-
of-way that would impair the City Manager's discretion to decide which sidewalk cafe applicants
and/or operators would best advance the program's public purpose; and
WHEREAS, on December 29, 2021, a Miami -Dade County Circuit Court entered a
preliminary order finding that the City's sidewalk cafe ordinance created a protectible property
interest in the renewal of a sidewalk cafe permit by sidewalk cafe operators, contrary to the
express intention of this commission in creating the sidewalk cafe program, which the City
disagrees with and City Attorney's Office has appealed; and
WHEREAS, it is the intention of the City to allow sidewalk cafes on the City's property only
if it retains the legal authority and discretion to approve and retain those sidewalk cafe operators
that, at its sole discretion, advance the public purpose of the sidewalk cafe program; and .
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City hereby
direct the City Attorney's Office and the City Administration to develop proposed options to ensure
that the use of City rights-of-way for the operation of sidewalk cafes remains at all times a
discretionary, revocable privilege and not a right, and to further ensure that public property is
made available solely to responsible sidewalk cafe operators who advance the public purpose of
allowing sidewalk cafes, as interpreted solely by the City.
PASSED AND ADOPTED this -20 day of January 2022.
ATTEST:
V
JAN 2 5 2022
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Alex J. Fernandez)
Mayor Dan Gelber
A.Mmm~ -- . w -
City momey
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Resolutions - R7 V
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, CityAttomey
DATE: January 20, 2022
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ATTORNEY'S
OFFICE AND THE CITY ADMINISTRATION TO DEVELOP PROPOSED
OPTIONS TO ENSURE THAT THE USE OF CITY RIGHTS-OF-WAY FOR
THE OPERATION OF SIDEWALK CAFES REMAINS AT ALL TIMES A
DISCRETIONARY, REVOCABLE PRIVILEGE AND NOT A RIGHT, AND TO
FURTHER ENSURE THAT PUBLIC PROPERTY IS MADE AVAILABLE
SOLELY TO RESPONSIBLE SIDEWALK CAFE OPERATORS WHO
ADVANCE THE PUBLIC PURPOSE OF ALLOWING SIDEWALK CAFrS,
AS INTERPRETED SOLELYBYTHE CITY.
ANALYSIS
Pursuant to the request of Commissioner Alex J. Fernandez, the attached Resolution is
submitted for consideration by the Mayor and Commission.
SUPPORTING SURVEY DATA
N/A
Applicable Area
Citywide
Is this a "Residents Right
to Know" item, pursuant to
Citv Code Section 2-14?
m
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS:
Does this item utilize G.O.
Bond Funds?
Page 907 of 1313
Description
Resolution
Page 908 of 1313