98-3146 ORD
ORDINANCE NO. 98-3146
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 82
OF THE MIAMI BEACH CITY CODE,
ENTITLED "SIDEWALK CAFES" AMENDING
SUBSECTIONS 82-383, ENTITLED "FEE;
RENEWAL FEE; PENALTIES FOR LATE
PAYMENTS FOR RENEWAL FEE" BY
ADDING A ONE (1) YEAR EXEMPTION FOR
SQUARE FOOTAGE FEES FOR SIDEWALK
CAFES LOCATED ON 71 ST STREET,
NORMANDY DRIVE, NORMANDY FOUNTAIN
CIRCLE AND/OR OCEAN TERRACE;
PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Subsection 82-383 of Miami Beach City Code Chapter 82, entitled "Fee,
renewal fee; penalties for late payments for renewal fee" is hereby amended as follows:
Ie) Notwith::;tandin'2 am other para'2raph or provision oCthis /\rticlc. nOJiQ1I:1re Coot;lgL;JJ;.t.:.)S reCjlLired
11\ this Section shall be required Cor operation oC Sidewalk CaCes on 71st Street. Normandv Drivc.
Normandy Fountain Circle and/or Ocean Terrace for the period of time between October I. 1998. thru
September 30. 1999. However. a permit must still be obtained and the $150.00 base application fee
required by Section 82-382(b) shall be paid.
SECTION 2. REPEALER
All ordinance or parts of ordinance in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained the provisions of this Ordinance shall become and be made part of the Code
of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or
relettered to accomplish such intentions, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect on the 31st day ofOctobe;r 1998.
PASSED AND ADOPTED this 21st day of October
,1998.
~/~
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney Date
~d eCU~
1st reading 10/7/98
2nd reading 10/21/98
~ITY OF MIAMI BEACH
TY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
:p:\\ci. miami-beach. fl. us
COMMISSION MEMORANDUM NO. '709 - 9?5
FROM:
Mayor Neisen O. Kasdin and
Members of the City Commission
?J)
Sergio Rodriguez / f.
City Manager
DATE: October 21,1998
TO:
SUBJECT:
AN ORDIl Al CE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE
MIAMI BEACH CITY CODE, ENTITLED "SIDEWALK CAFES"
AMENDING SUBSECTIONS 82-383, ENTITLED "FEE; RENEWAL FEE;
PENALTIES FOR LATE PAYMENTS FORRENE\VAL FEE" BY ADDING
A ONE (1) YEAR EXEMPTION FOR SQUARE FOOTAGE FEES FOR
SIDEWALK CAFES LOCATED ON 71ST STREET, NORMANDY DRIVE,
NORMANDY FOUNT AIN CIRCLE AND/OR OCEAN TERRACE;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
ADMINISTR\TIVE RECOMMENDATION:
Adopt the Ordinance.
BACKGROUND:
Miami Beach City Code Chapter 82 authorizes the City to charge restaurants with sidewalk cafes
a $150.00 annual permit fee and a fee of$10.00 per square foot per annum for the cafe area. At their
September 23, 1998 meeting, the City Commission requested that a moratorium be established for
one (1) year beginning October 1, 1998 for the square footage fee on Sidevvalk Cafe permits issued
for locations on 71st Street, Normandy Drive, Normandy Fountain Circle and/or Ocean Terrace by
adding Section 82-383 (e). The Ordinance was approved on first reading by the City Commission
on October 7, 1998.
ANAL YSIS:
There are currently no Sidewalk Cafes in this area. This moratorium on fees may stimulate the
introduction of cafes in this area. The permit fee has been maintained to be consistent with the prior
moratorium on fees for the Lincoln Road area during fiscal year 96/97 and for compliance purposes.
AGE~DA ITEM
RSA
I 0-'2. l,<fB
DATE
CONCLUSION
The City Commission should adopt the ordinances in order to establish a moratorium for one (1)
year beginning October 1, 1998 for the square footage fee for the sidewalk cafes on 71 st Street,
Normandy Drive, Normandy Fountain Circle and/or Ocean Terrace.
SR~J~j@~
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