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92-2808 Ordinance ORDINANCE NO. 92-2808 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 39, ENTITLED "STREETS, SIDEWALKS AND PUBLIC FACILITIES", BY ADDITION OF ARTICLE VI, ENTITLED "SIDEWALK CAFES"; REQUIRING PERMITS FOR THE OPERATION OF SIDEWALK CAFES AND ESTABLISHING PROCEDURES AND REQUIREMENTS FOR GRANTING SAID PERMITS; PROVIDING FOR DENIAL, SUSPENSION AND/OR REVOCATION OF PERMITS AND PROVIDING FOR APPEALS FROM SAID DECISIONS; PROVIDING FOR ENFORCEMENT BY CODE INSPECTORS, CIVIL FINES FOR VIOLATIONS OF THIS SECTION AND PROCEDURES FOR APPEALING FINES; PROVIDING FOR RECOVERY OF UNPAID FINES AND THAT SAID FINES SHALL CONSTITUTE A LIEN WHICH MAY BE FORECLOSED; PROVIDING FOR REPEALER, SEVERABILITY AND EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 39 of the Miami Beach City Code, entitled "streets, Sidewalks and Public Facilities" is hereby amended by adding an Article VI, entitled "Sidewalk Cafes", to read as follows: ARTICLE VI. SIDEWALK CAFES Sec. 39-28. Declaration of Necessitv and Intent. It is hereby found and declared: ill That there exists the need for outdoor eating establishments (sidewalk cafes) in certain areas of Miami Beach to provide a unique environment for relaxation and food consumption. l2l That the existence of sidewalk cafes encouraqes additional pedestrian traffic to these areas. l.ll That the presence of sidewalk cafes may thus impede the free and safe flow of pedestrian traffic. iil That there is a need for requlations and standards for the existence and operation of sidewalk cafes to facilitate and ensure a safe environment in these areas. 121 That the establishment of permit conditions and safety standards for sidewalk cafes is necessary to protect and promote the qeneral health. safety. and welfare of the residents of the city of Miami Beach. 1&1 That there is a need to encouraqe the establishment of sidewalk cafes on Lincoln Road. and therefore the perIni t fee imposed by the city for such u~es should be waived for a three year period commencing 9n the effective date of this Ordinance. However. a permit must still be obtained and the base application fee paid. Sec. 39-29 Definitions. When used in this Article. the following words shallhave the followinq meanings: "Director" means the city Manaqer of the city of Miami Beach or his/her designee. "Permittee" means the recipient of a Sidewalk Cafe Permit under the terms and provisions of this Article. "Riqht-of-way" means land in which the state. the Florida Department of Transportation. Dade Countv or the City of Miami Beach owns the fee or has an easement devoted to or required for use as a transportation facility or street. ~~I~~!~~~':::":"I~ip.~~:.::::'..iilp.~':::::::~::'!~p~~=~~~~9!.~~lt:':':~7:~I~II.:::":::::!.i.QF.MII .i.:9~!BII!:::::II:::':::~:':':::~'i:i.!!~~~'::'~5::::::'~$.il.l.$.::::::M.D.:i2D.:'::.~:':':';i:::':::~:~i.i'ill~l:::':::i:p.::::::;ig:ii.:lig gE:::::':gl~:~:~p~g:I:I.::::::':~II':':::lligB:::::::2iQII:*9.~:!.:~.::::::~~~'w.~9.:~:::::':':~:~:::::':p.~:!,:~p.11:'::::::II:::::::lilill ~11:ip.iIQI::::':'~~':~::::::::':~'~~I::~:li::.:.::ip.li::::':lilB..D.li::::::::;lmll;l.i:~i: "Sidewalk" means that portion of the Riqht-Of-Way which is located between the curb line or the lateral line of a Street and the adiacent property line and which is intended for use by pedestrians: provided that on Lincoln Road Mall "Sidewalk" shall mean Right-Of-Wav as defined above but shall onlv refer to that area between the property line and the center line of the Right- Of-Way. exclusive of landscaped areas and a ten foot wide easement for vehicular access. "Sidewalk Cafe" means a use located on a public Sidewalk which is associated with a restaurant or food establishment where food or beveraqes are delivered for consumption on the premises but not having cookinq or refriqeration equipment. It is characterized by tables and chairs and may be shaded by awninqs. canopies or umbrellas if permits for same have been issued. "Siqn". or "Siqns" shall have the same meaning as provided for in section 3-2A of the citv's Zoninq Ordinance No. 89-2665. "street" means that portion of a Riqht-Of-Way improved. desiqned or ordinarilY used for vehicular traffic or parkinq. "Usable Sidewalk Area" means the frontaqe of the property times the width of the Sidewalk less five (5) feet. 2 Sec. 39-30. Permit Reauired. It shall be unlawful for any person to operate a sidewalk Cafe on any Sidewalk or public Right-Of-Wav within the City without obtaininq a permit as required by this article. Sidewalk cafes shall onlY be located where permitted by the citv's Zoning Ordinance No. 89-2665. and amendments thereto. No person shall establish a Sidewalk Cafe on any public Roadway or Sidewalk unless such person has obtained a valid permit to operate that Sidewalk Cafe pursuant to this Article. After thirtv (30) days from the effective date of this ordinance any person or entity operatinq a Sidewalk Cafe without a permit or any property owner allowing the operation of a Sidewalk Cafe without a permit upon his/her/its property shall be subiect to enforcement and penalties as provided in Miami Beach city Code Chapter 9B. Sec. 39-31. Permit Fee. i1l The annual permit fee for establishinq or maintaininq a Sidewalk Cafe shall be Ten Dollars ($10.00) per square foot of Usable Sidewalk Area. includinq the area between the tables and chairs.as determined bv the Director. (2) The permit fee shall be paid on or before October 1 and shall cover the time period from October 1 throuqh September 30 of the followinq calendar year. except that where the permit fee exceeds two thousand dollars ($2.000) the fee may be paid in two (2) semiannual increments. the first to be due on October 1 and the second to be due on April 1.~~!:~II.~n:::i::::I2.I~Y!:f.S:i:::::::~ll.i:::::::lg~ BI:~::::'~:~:~:*-:71:~:~:~~II~:it~:~:::~.~P;!:::::~:~~~~~!~W.:~::::::RI:::~:;"~:::~:~:~~~:~:'::I!y;IR.I:;;:p~~:~~~::91:::':llill~~::::~9 ~~y~.ii::::::::I:il:~:?:ill':;:::~~:~!!:!::::::::~!::::::iiQi:~~@~::~:~::::~qF::::~:::i.P.::::::::f.!!~!Q:~9n~~~t::?~~~;!~:~:: No license shall be issued for any fractional portion of the year; provided, however, that any person or entity operating a Sidewalk Cafe for a period beginning after May 1, may obtain a permit for the remaining portion of the fiscal year upon payment of one-half of the permit fee required by this Article. Except as provided in Section 39-36 no refund of the fees shall be granted. 3 ill. The permit fees collected pursuant to this section from Sidewalk Cafes located on Ocean Drive shall be placed and maintained in a separate fund and shall be utilized only for improvements and/or maintenance on Ocean Drive. The permit fees collected pursuant to this Section from Sidewalk Cafes located on Lincoln Road Mall shall be placed and maintained in a separate fund and shall be utilized only for Lincoln Road Mall manaqement and improvements. .1...il Notwithstandinq any other paragraph or provision of this Article. no permit fee as reauired bv this section shall be required for operation of Sidewalk Cafes on Lincoln Road prior to three (3) years after the effective date of this Ordinance: however. a permit must still be obtained and the base application fee required bv section 39-31 shall be paid. Sec. 39-32. Permit APDlication. ill Application for a permit to operate a Sidewalk Cafe shall be made at the office of the Director. Such application shall include. but not be limited to. the followinq information: 1& Name. address and telephone number of the applicant: Name and address of restaurant: A COpy of a valid city of Miami Beach occupational license to operate a restaurant adiacent to the Sidewalk area which is the subiect of the apPlication. The number of chairs to be utilized for the Sidewalk Cafe must be included in the number of chairs authorized by the license: J.gl A COPy of a valid Certificate of Use for the building frontage adiacent to the Sidewalk area which is the subiect of the application: igl A cOPV of current insurance in the amounts and categories required by Section 39-31 of this Article: 1Jll iQl 4 Ltl A drawinq (drawn to scale) showing the layout and dimensions of the existinq Sidewalk area and adiacent private property. proposed location. size and number of tables. chairs. steps. umbrellas. location of doorways. location of trees. Darkinq meters. bus shelters. Sidewalk benches. trash receptacles. and any other Sidewalk obstruction either existinq or proDosed within the pedestrian area: and 191 Photoqraphs. drawings or manufacturers'brochures fully describinq the appearance of all proposed tables. chairs. umbrellas or other obiects related to the Sidewalk Cafe. lhl An affidavit from the owner(s) of the property (ies) immediatelY adjacent to the Sidewalk where the proposed Sidewalk Cafe will be located consentinq to the operation of the Sidewalk Cafe at that location. ill Annual application shall be accompanied by a non- refundable base application fee of $150.00. l..ll. Applications shall be reviewed for compliance with city ordinances and must be approved by the followinq departments or divisions: Public Works. Planninq & zoning. Historic Preservation and Urban Desiqn. Fire. Risk Manaqement. Sec. 39-34. Standards and criteria for ADDlication Review. The followinq standards and criteria shall be used in reviewing the drawinq required in section 39-28(1) (f) (q): 111 Sidewalk Cafes are restricted to the Sidewalk frontaqe of the 1 icensed restaurant to which the permit is issued or within the Sidewalk frontaqe of the buildinq where the validlY licensed restaurant is located. provided that written approval is supplied by the buildinq owner. ill In the event the subject area of the permit extends to a public Riqht-Of-Way in front of an adiacent owner's property. the permittee must obtain written permission from the adiacent property owner for use of this area. The revocation or 5 suspension of this permission shall not operate to qrant the permittee a refund of the annual permit fee or any other fees paid to the city of Miami Beach for operation of a Sidewalk Cafe. ldl Permits will not be issued where the tables and chairs would be placed within five (5) feet of bus stops. taxi stands. fire hydrants. or allevs. i!l No tables or chairs will be permitted within five (5) feet of a pedestrian crosswalk or handicap ramp. 121 Sidewalk Cafes shall be located in such a manner that 50% of the Sidewalk width. with a minimum width of five (5) feet. is maintained at all times as an unobstructed pedestrian path: provided that the Director mav permit Sidewalk Cafes to occuPY additional space where established pedestrian and tram paths shall not be obstructed and where public safety shall not be adversely affected. In areas of conqested pedestrian activity. the Director is authorized to require a wider pedestrian path. as circumstances dictate. l..Q..l No object shall be permitted around the perimeter of an area occupied by tables and chairs which would have the effect of forminq a phvsical or visual barrier discouraqinq the free use of the tables and chairs bv the qeneral public or which would have the effect of obstructinq the pedestrian path. ill Tables. chairs. umbrellas. canopies. awninqs and any other obi ects provided with the sidewalk cafe shall be of quality. design. materials. size. elevation and workmanship both to ensure the safety and convenience of users. and to enhance the visual quality of the urban environment. Desiqn. materials. and colors shall be approved by the Historic Preservation and Urban Desiqn Director prior to the issuance of the Sidewalk Cafe Permit. ~ Awninqs. umbrellas and other decorative material shall be fire-retardant. pressure-treated or manufactured of fire resistive material. Siqns. with the exception of the establishment name. are prohibited on awninqs. umbrellas. chairs. tables and any other fixture which is located on the public Riqht-Of-Wav. Letterinq mav not exceed 6 inches in heiqht. 6 Sec. 39-35. Liabilitv and Insurance. ill The permittee aqrees to indemnifY. defend. save and hold harmless the city. its officers and employees from any and all claims. liabilitv. lawsuits. damaqes and causes of action which mav arise out of this permit. or the permittee's activity on the demised premises. ill The -permittee aqrees to meet and maintain for the entire permit period. at its own expense. the followinq requirements: ill Commercial qeneral liability insurance in the amount of $500.000 per occurrence for bodily iniurv and property damaqe. The city must be named as an additional insured on this policy and an endorsement must be issued as part of the policy reflectinq this reauirement. iQl Workers' compensation and employersliability as required by the state of Florida. itl All policies must be issued by companies authorized to do business in the state of Florida and rated B+:VI or better per Best's Key Ratinq Guide. latest edition. 7 i9.l The city must receive thirty (30) days written notice prior to any cancellation. non-renewal or material chanqe in the coveraqe provided. Lgl The permittee must provide and have approved by the city's Risk Manager an original certificate of insurance as evidence that the above requirements have been met prior to commencin..g operations. Failure to comply with these requirements shall cause a suspension or revocation of this permit. ill The permit period shall run and insurance requirements as described in subsection 2 above shall be effective from October 1 until September 30 of the followinq calendar year. Sec. 39-36. Conditions of Permit. In addition to the information required in Section 39-25 and the standards and criteria described in Section 39-30. the permit shall contain the following conditions: ill Each permit shall be effective for one (ll year from October 1 until September 30. subiect to annual renewal with the approval of the Director. ill The permit issued shall be personal to the permittee only and shall be transferable only with the approval of the Director. Such approval shall not be unreasonably withheld. ill The permit may be temporarilY suspended by the Director when necessary to clear Sidewalk areas for a "community or special event" authorized by a permit issued by the Police Department. ..L4.l The Director may require the temporary removal of Sidewalk Cafes when Street. Sidewalk. or utility repairs necessitate such action. If such temporary removal exceeds fifteen(15) days. the Director shall prorate the remaining permit fee for each additional day the Sidewalk Cafe is removed and appl y a credit toward the followinq year's permit fee or if reauested to do so by the permittee. refund the remaininq fee to the permittee. 8 i2l The city Manaqer or his desiqnee. the Director or the Police Department may cause the immediate removal or relocation of all or parts of the Sidewalk Cafe in emerqency situations. 1Ql The city and its officers and employees shall not be responsible for Sidewalk Cafe components relocated durinq emerqencies. ill The permit shall be specificallY limited to the area shown on the "exhibit" attached to and made a part of the permit. The Director shall have the riqht to remove without notice. any tables. chairs or other objects not in the permit area. ~ The permittee shall use positive action to assure that its use of the Sidewalk in no way interferes with Sidewalk users or limits their free unobstructed passaqe. The Director may require relocation of tables. chairs and other obiects at any time for safety or pedestrian flow considerations. 1..2.l The Sidewalk Cafe shall be opened for use by the qeneral public and such use shall not be restricted to patrons of the permittee. J...!.Q.l Permittees holdinq an occupational license or Certificate of Use limited to take-out food shall not be permitted to provide table service on the Sidewalk. Llll Tables. chairs. umbrellas. and any other obiects provided with a Sidewalk Cafe shall be maintained with a clean and attractive appearance and shall be in good repair at all times. i1ll The Sidewalk area covered bY the permit and Sidewalk and Roadway immediatelY adiacent to it shall be maintained in a neat and orderly appearance at all times and the area shall be cleared of all debris as needed durinq the day. and aqain at the close of each business day and as determined bY the Director. il2l No advertisinq siqns or business identification siqns shall be permitted in the public Riqht-Of-Way. Ll!l No tables. chairs or any other parts of Sidewalk cafes shall be attached. chained. or in any manner affixed to any tree. post. siqn. or other fixtures. curb or Sidewalk within or near the permitted area. No additional outdoor seatinq authorized herein shall be used for calculatinq seatinq requirements 9 pertaininq to location of. applications for. or issuance of a liquor license for any establishment: nor shall it be used as the basis for computinq required seating for restaurants and dininq rooms. or as qrounds for claiming exemption from such requirements under the provisions of any city ordinance or state law. 1..l.2l The permit covers only the public Sidewalk. Tables and chairs on private property will be qoverned bY other applicable requlations. i1Ql The permittee shall notifY the Director. in writing. when operation of the sidewalk cafe beqins. Said notice shall be delivered to the Director within twenty-four (24l hours of such commencement. 111l No food preparation fire. or fire apparatus shall be allowed on the public Sidewalk. whether or not such area is covered bY this permit. l..JJU. Upon the issuance of a "Hurricane Warning" or "Hurricane Watch" by the Dade County Office of EmergencY Management the permittee shall forthwith remove and place indoors all tables. chairs, awninqs and other equipment located on the sidewalk. Sec. 39-37. Denial. Revocation or SusDension of Permit; Removal and Storaqe Fees; Emerqencies. ill The approval of a Sidewalk Cafe permit is conditional at all times. A Sidewalk Cafe permit be denied. revoked or suspended if it is found that: 19l Any necessary business or health permit has been suspended. revoked. or canceled. Dll. The permittee does not have insurancewhich is correct and effective in the minimum amount described in section 39-31. lQl The permittee exceeds the approved square footaqe by placing any additional tables. chairs. etc.. beyond the approved area. i9.l Chanqinq conditions of pedestrian orvehicular traffic cause congestion necessitating removal of the Sidewalk Cafe. Such decision shall be based 10 upon findings of the Director that the minimum five (5 l foot pedestrian path is insufficient under existinq circumstances and represents a danger to the health, safety, or qeneral welfare of pedestrians or vehicular traffic. Lgl The permittee has failed to correct violations of this article or conditions of this permit within twenty-four (24l hours of receipt of the Director's notice of same delivered in writing to the permittee. ill In the event the permittee fails to remove any tables, chairs, and other obiects related to the Sidewalk Cafe within twenty four (24l hours of receipt of the Director's final notice of denial. revocation or suspension, the Director may remove said obiects. The permittee shall be respons~ble for the expenses incurred by the city for the removal and storaqe of said objects. ill Upon denial of the permit, the Director shall qive written notice of such action to the permittee. ill If the Director believes that a permittee has enqaged or is enqaqed in conduct warranting the suspension or revocation of the permit. he shall serve the licensee by certified mail or hand delivery. at his business address as disclosed in his application for the permit, a written administrative complaint which affords reasonable notice of facts or conduct which warrant the intended action. The complaint shall state what is required to be done to eliminate the violation, if any. The permittee shall be qiven adequate o?portunity to request a prior administrative hearing before a Special Master appointed by the City commission, unless the Director finds that an emerqency condition exists involvinq serious danqer to public health. safety or welfare, in which case advance notice and hearinq shall not be required. In the case of an emergency suspension or revocation, the licensee shall immediatelY be advised of the Director's action and afforded a prompt post-suspension or revocation hearing in accordance with the procedures set forth in 11 PJ{;'f' 6~/W~ ,0 t Section 20 29 20-44 of the Miami Beach city Code. Sec. 39-38. Appeals from the Decision of the Director of Special Master. Appeals from decisions of the Director made pursuant to this Article shall be to the Property Maintenance Standards Appeals Board in accordance with the procedures set forth in section l7B- 17 of the Miami Beach City Code. Appeals from the decisions of the Special Master or Property Maintenance Standards Appeals Board shall be to a court of competent iurisdiction by petition for writ of certiorari. Enforcement of Article by Code Inspectors; Notice of violation Sec. 39-39. If a code inspector as defined in chapter 9B of the Miami Beach City Code finds a violation of this Article. said inspector shall issue a notice of violation to the violator as provided in chapter 9B. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator may be liable. instructions and due date for paying the fine. notice that the violation may be appealed by requesting an administrative hearing within twenty (20) days after service of the notice of violation, and that failure to do so shall constitute an admission of the violation and waiver of the right to a hearinq. Sec. 39-40 civil Fine for Violators. The following civil fines shall be imposed for violators of this Article: First citation $100 fine Second citation (within a 1 year periodl $250 fine Third citation (within a 1 year periodl = $500 fine Sec. 39-41. Rights of violators; payment of fine; right to appeal; failure to pay civil fine or to appeal. ill A violator who has been served with a notice of violation shall elect either to: 12 ,1 ~ tlQ( ~.'..' I ~ r 1\ , ;'III) I ()I,t/-' 19l Pay the civil fine in the manner indicated on the notice: or Dll. Request an administrative hearinq before a Special Master appointed by the city commission to appeal the decision of the code ins~ector which resulted in the issuance of the notice of violation. ill The procedures for appeal shall be as set forth in Section 20-44 of the Miami Beach City Code. ill If the named violator after notice fails to pay the civil fine or fails to timely request an administrative hearing before a Special Master, the Special Master shall be informed of such failure by report from the code inspector. Failure of the named violator to appeal the decision of the code inspector within the prescribed time period shall constitute a waiver of the violator's riqht to administrative hearing. A waiver of the riqht to administrative hearinq shall be treated as an admission of the violation, and penalties may be assessed accordinqly. ill Any party agqrieved by the decision of a Special Master may appeal that decision to a court of competent iurisdiction as provided in Section 162.11, Florida Statutes. Sec. 39-42. Recovery of unpaid fines: unpaid fines to constitute a lien: foreclosure ill The city of Miami Beach may institute proceedinqs in a court of competent jurisdiction to compel payment of civil fines. ill A certified copy of an order imposinq a civil fine may be recorded in the public records and thereafter shall constitute a lien upon any other real or personal property owned by the violator and it may be enforced in the same manner as a court iudgment by the sheriffs of this state, includinq levy against the personal property. but shall not be deemed to be a court judqment except for enforcement purposes. After two (2l months from the filing of any such lien which remains unpaid, the city of Miami Beach may foreclose or otherwise execute on the lien. SECTION 2. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held to be invalid, the remainder shall not be 13 /, /1 / . /1 P),'": 0Jifi/ ,vly SECTION 3. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and are hereby repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect ten (10) days after its adoption on 8th day of October ATTEST: ~~.!. ~k CITY CLERK \0 'V1~ 1st reading 9/16/92 2nd reading 10/8/92 SWS:\Disk3\sidewalk.ord 9/30/92 FORM APPROVED ~EPT~ BYt _f' ' ~ Date ":';J';J. ti - .~, -<'/2. , 1992. 14 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TEL.EPHONE: (305) 673.7010 FA,: (305) 673.7782 COMMISSION MEMORANDUM NO..5:]O - q2 ~~ TO: Mayor Seymour Gelber and Members of the City Commission DATE: Sept. 16, 1992 FROM: Roger M, Carlt City Manager SUBJECT: ADOPTION OF AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF KIAMI BEACH, FLORIDA, AMENDING KIAMI BEACH CITY CODE CHAPTER 39, ENTITLED "STREETS, SIDEWALKS AND PUBLIC FACILITIES", BY ADDITION OF ARTICLE VI, ENTITLED "SIDEWALK CAFES"; DEFINING TERMS USED THEREIN; REQUIRING PERMITS FOR THE OPERATION OF SZDEWALK CAFES AND ESTABLISHING PROCEDURES AND REQUIREMENTS FOR GRANTING SAID PERMITS; PROVIDZNG FOR DENIAL, SUSPENSION AND/OR REVOCATION OF PERMITS; PROVIDING FOR APPEALS FROK THE DECISIONS OF THE PUBLIC WORKS DIRECTOR; PROVIDING FOR REPEALER, SEVERABILITY AND EFFECTIVE DATE. Admipistrative Recommendation The Administration recommends aooption of the attached ordinance amending the Miami Beach city Code, Chapter 39, entitled "streets and sidewalks", requiring permits for the operation of sidewalk cafes and establishing procedures and requirements for granting said permits; providing for denial, suspension and/or revocation of permits; and providing for appeals from the decisions of the Public Works Director. BACKGROUND Under current regulation, the use of public property for sidewalk cafes has been accommodated through the issuance of revocable permits. This process is cumbersome and does not provide adequate regulation or a fee structure to recover City costs. The proposed ordinance provides for the combined presence of sidewalk cafes and the free and safe flow of pedestrians, creating standards for the restaurant operation, and ensuring a safer environment in these public right-of-way areas. The ordinance calls for an application fee and an annual permit fee, as well as for an annual permit renewal. The ordinance provides denial or revocation procedures, whereby violations are cited by the City and offending sidewalk cafes not brought into compliance may be removed by the city. Appeals for the denials or revocations are to the city of Miami Beach Property Maintenance Standard Appeals Board. ~ 40 AGENDA ITEM R-3-F I 0 ' ~ -g 2- ;)A TE ANALYSIS The city Administration has patterned this proposed ordinance on the City of Miami's ordinance for sidewalk cafes located on public rights-of-way in Coconut Grove. Based upon existing sidewalk cafe operations on City rights-of-way, this ordinance will generate approximately $140,100 of revenue (see attached listing). Additions and clarifications have been inserted to further improve this ordinance. eSect. 39-6 This section waives sidewalk cafe permit fees for three years on Lincoln Road Mall. The sidewalk definition has been expanded to provide for the Lincoln Road Mall. Permit fee semi-annual payments when fee exceeds $2,000.00. eSect. 39-29 eSect. 39-31(2) - eSect. 39-31(3) - Permit fees collected on Ocean Drive shall be utilized for improvements and maintenance of Ocean Drive. Permit fees collected on Lincoln Road Mall shall be used for management and improvements on Lincoln Road Mall. eSect. 39-31(4) - Requires payment of the base application fee for a sidewalk cafe on Lincoln Road Mall but does not require the payment of permit fees. eSect. 39-34(5) - Provides that the Director may allow ~idewalk cafes to occupy additional space where there is no adverse effect. eSect. 39-41(2) - The appeal procedures are set forth in section 20-44 of the City Code. CONCLUSION The City Administration feels this ordinance is necessary to control the use of public property for private business and that the fee'structure is justified in that private enterprises are potentially increasing their profits by using public City rights- of-way and the fees collected will offset the costs of implementing the proposed ordinance regulations. 41 CURRENT OUTDOOR CAFES ON CITY OF MIAMI BEACH PUBLIC RIGHT-OF-WAY ADDRESS AREA BEING USED SQUARE FOOTAGE 600 Ocean Drive 100' x 10' 1000 640 Ocean Drive 75' x 5' 375 720 Ocean Drive 75' x 10' 750 728 Ocean Drive 50' x 10' 500 736 Ocean Drive 50' x 10' 500 740 Ocean Drive 50' x 10' 500 800 Ocean Drive 50' x 10' 500 804 Ocean Drive 25' x 10' 250 850 Ocean Drive 50' x 10' 500 900 Ocean Drive 50' x 10' 500 962 Ocean Drive 100' x 10' 1000 1020 Ocean Drive 100' x 10' 1000 1036-52 Ocean Drive 100' x 10' 1000 1200 Ocean Drive 78' x 10' 780 1300 Ocean Drive 100' x 5' 500 1400 Ocean Drive 50' x 5' 250 1420-24 Ocean Drive 50' x 5' 250 1440 Ocean Drive 50' x 5' 250 129 - 5th Street 15' x 5' 75 1629 Michigan Avenue 15' x 5' 75 *915 Lincoln Road 25' x 15' 375 *821 Lincoln Road 25' x 15' 315 *618 Lincoln Road 12' x 10' 120 *646 Lincoln Road 20' x 15' 300 *647 Lincoln Road 40' x 15'+ 25' x 25" 1225 1626 Pennsylvania Avenue 20' x 5' 100 4017 prairie Avenue 25' x 5' 125 917 - 39th Street 20' x 5' 100 429 Espanola Way 30' x 10' 300 Proposed fee: 13,575 Sq. ft. x $10jSq.ft. Total Cafes: 29 Sub total $135,750 29 Cafe Annual Applications @ $150 each: Total 4,350 $140,100 *These permit fees will not be collected for three years. 1', ',,-