2015-3982 Ordinance ORDINANCE NO. 2015-3982
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, ENTITLED "PUBLIC
PROPERTY," BY AMENDING ARTICLE IV, ENTITLED "USES IN
PUBLIC RIGHTS-OF-WAY," BY AMENDING DIVISION 5, ENTITLED
"SIDEWALK CAFES," BY AMENDING SUBDIVISION II, ENTITLED
"PERMIT," BY AMENDING SECTION 82-381 THEREOF, ENTITLED
"PERMITTED AREAS; CONDITIONAL PERMIT; CITY MANAGER'S
RIGHT TO REMOVE SIDEWALK CAFES," BY REQUIRING DISPLAY
OF PRICES FOR FOOD AND DRINK MENU ITEMS OR ANY FOOD
AND DRINK MENU SPECIALS, AND ESTABLISHING A NOTICE
PROVISION TO CUSTOMERS REGARDING ANY AUTOMATIC
GRATUITY OR SERVICE CHARGE BY THE OPERATOR OF THE
SIDEWALK CAFÉ; BY AMENDING SECTION 82-382 THEREOF,
ENTITLED "APPLICATION," MANDATING THAT A SIDEWALK CAFE
APPLICATION BE DENIED FOR FAILURE TO HAVE FOOD AND
DRINK MENUS WHICH INCLUDES PRICES FOR FOOD AND DRINK
MENU ITEMS, FOOD AND DRINK MENU SPECIALS, OR
NOTIFICATION OF ANY AUTOMATIC GRATUITY OR SERVICE
CHARGE IMPOSED BY THE SIDEWALK CAFÉ OPERATOR; BY
AMENDING SECTION 82-385 THEREOF, ENTITLED "MINIMUM
STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF
SIDEWALK CAFES," BY PROHIBITING A SIDEWALK CAFÉ TO
OPERATE WITHOUT FOOD AND DRINK MENUS WHICH SHOW THE
PRICING FOR ANY FOOD AND DRINK MENU ITEM OR FOOD AND
DRINK MENU SPECIAL, AND FAIL TO NOTIFY CUSTOMERS OF ANY
AUTOMATIC GRATUITY OR SERVICE CHARGE IMPOSED BY THE
SIDEWALK CAFÉ OPERATOR; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, a business establishment that seeks to operate a sidewalk café upon the
City's property must submit a legally sufficient application for a sidewalk café permit, and ensure
compliance with Sections 82-381 through 82-388 of the Miami Beach Code; and
WHEREAS, the Mayor and City Commission have determined that an additional permit
and operation condition is required to prevent potential deceptive practices, and further require
business establishments operating upon the City's public property to comply, in their entirety,
with Article IV, Division 5 of Chapter 82; and
WHEREAS, this additional permit and operation requirement will obligate operators of
sidewalk cafes to display or disclose prices for food and drink menu items) or display or
disclose any food and drink menu special(s); and
WHEREAS, the disclosure or display of the food or drink menu item(s) price or food and
drink special(s) price must be in a size and typeface, which is at least as large as the name of
the menu item that is made available to the patron; and
WHEREAS, the operator of a sidewalk café will be required to provide notice to
customers of any automatic gratuity or service charge that is being imposed by the operator of
the sidewalk café, which notification requirement is consistent with, and mandated by, Section
509.214 of the Florida Statutes; and
WHEREAS, the City's citizens and visitors will be protected from being over-charged or
deceived for those food and beverage menu item(s) purchased, and will allow a patron to
recognize the cost of these item(s) before making his/her selection; and
WHEREAS, the Mayor and City Commission have established the need to enact this
amendment to the sidewalk café ordinance to ensure and protect the City's citizens and visitors
from undisclosed, exorbitant charges for food and drinks at sidewalk cafes, and provide
notification of the gratuity or service charge imposed by the sidewalk café operator.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 82-381 of Subdivision II of Division 5 of Article IV of Chapter 82 of
the Code of the City Miami Beach is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
* * *
ARTICLE IV. Uses in Public Rights-of-Way
* * *
DIVISION 5. Sidewalk Cafes
Subdivision II. Permit
Sec. 82-381. Permitted areas; conditional permit; city manager's right to remove
sidewalk cafes.
(a) Sidewalk cafes shall only be located where permitted by the city's zoning ordinance and
land development regulations, as same may be amended from time to time.
(b) The approval and issuance of a sidewalk cafe permit is conditional at all times.
(c) It shall be unlawful for any person to operate a sidewalk cafe without a valid permit as
required by this division.
(d) The city manager shall have the right to immediately remove, after 24-hours written and/or
verbal notice to the permittee, any sidewalk cafe furniture used in connection with a
sidewalk cafe which is operating without a valid permit.
(e) The city manager may cause the immediate removal, relocation and/or storage of all or part
of a sidewalk cafe in emergency situations or for public safety considerations.
(f) The city manager may require the temporary removal and/or relocation of all or part of a
sidewalk cafe when street, sidewalk, or utility repairs, or other public construction,
2
necessitates such action. If such temporary removal exceeds 15 days, the city manager
shall pro-rate the remaining permit fee for each additional day the sidewalk cafe (or portion
thereof) is removed and apply a credit toward the following year's permit fee or, upon
written request by the permittee, refund the remaining fee to the permittee.
(g) Upon written and/or verbal notification by the city manager of a hurricane or other major
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 of same, remove and place
indoors all tables, chairs and any other sidewalk cafe furniture located on the right-of-way.
The notification by the city manager of a hurricane or other major weather event, or the
issuance of a hurricane warning, shall constitute a public emergency situation as
referenced in this division. The city manager may remove, relocate, and/or store any
sidewalk cafe furniture found on the right-of-way that has otherwise not been removed by
the permittee pursuant to this subsection. Any and all costs incurred by the city for removal,
relocation and/or storage of sidewalk cafe furniture shall be the responsibility of the
permittee. Sidewalk cafes will not re-open for business following a hurricane or other major
weather event until notified by the city manager. Violation of this subsection (g) shall result
in the issuance of an immediate $1,000.00 fine, and/or suspension, for up to 30 days, of the
sidewalk cafe permit.
A sidewalk café must display or disclose prices for food and drink menu item(s), or display,
or disclose those prices for any food and drink menu special(s). The displayed price for the
food or drink menu item(s) or food and drink menu special(s) must be in a size (font) and
typeface, which is at least as large as the name of the menu item.
A sidewalk café that automatically includes a gratuity or service charge, either in the price of
the meal or drink or separately imposed for all items ordered, must be displayed on the
menu and on the face of the bill. This disclosure serves to provide the customer notification
that an automatic gratuity or service charge is being included by the sidewalk café operator.
The disclosure of the gratuity or service charge within the menu or bill must not be smaller
than 12 font.
SECTION 2. That Section 82-382 of Subdivision II of Division 5 of Article IV of Chapter 82 of
the Code of the City Miami Beach is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE IV. Uses in Public Rights-of-Way
* * *
DIVISION 5. Sidewalk Cafes
Subdivision II. Permit
Sec. 82-382. Application.
(a) A sidewalk cafe permit shall be effective for one year, from October 1 until September 30 of
the following year.
3
(b) Application for a permit to operate a sidewalk cafe shall include, but not be limited to, the
following information:
(1) The name, address and telephone number of the applicant/permittee.
(2) The name and address of the business establishment seeking a permit to operate the
sidewalk cafe (including the name and address of the restaurant).
(3) A copy of a valid city occupational license to operate the restaurant in front of which the
proposed sidewalk cafe will be operating. The total count of chairs to be utilized for the
restaurant must include the number of chairs used in conjunction with the sidewalk
cafe and the number of chairs inside the restaurant, as authorized by the license.
(4) A copy of a valid certificate of use for the restaurant in front of which the proposed
sidewalk cafe will be operating.
(5) Copies of current certificates of insurance in the amounts and categories required by
section 82-386.
(6) A site plan signed and sealed by a duly licensed architect or engineer which accurately
depicts the layout and dimensions of the existing sidewalk area and adjacent private
property; proposed location, size and number of tables, chairs, umbrellas, and any
other sidewalk cafe furniture; 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 public fixtures, furnishings and/or
other obstruction(s), within the proposed sidewalk cafe area. The sidewalk cafe site
plan shall be approved by the city manager prior to the issuance of a sidewalk cafe
permit and the permit shall be specifically limited to the subject area shown on the
approved site plan.
(7) Photographs, drawings or manufacturer's brochures fully describing the appearance
and dimensions of all proposed tables, chairs, umbrellas, and any other sidewalk cafe
furniture related to the operation of the sidewalk cafe. Tables, chairs, umbrellas, and
any and all other sidewalk cafe furniture shall be approved by the city manager prior to
the issuance of a sidewalk cafe permit.
(8) A copy of the approved sidewalk cafe site plan, shall be maintained on the permittee's
premises and shall be available for inspection by city personnel at all times.
(9) The annual application shall be accompanied by a non-refundable base application fee
as set forth in appendix A.
(10)Applications shall be reviewed for compliance with applicable city, state and federal
laws, and must be reviewed and approved by the city's public works department; fire
department; office of risk management; finance department; planning and zoning
department; and building department.
(11)Prior to issuance of a sidewalk cafe permit, the city's chief financial officer shall certify
that there are no outstanding fines, monies, fees, taxes or other charges owed to the
city by the applicant/permittee and/or the business establishment/restaurant. A
sidewalk cafe permit will not be issued until all outstanding debts to the city are paid in
full.
(12)No sidewalk cafe permit shall be issued to a restaurant whose occupational license or
certificate of use is limited to take-out service and does not have inside seating.
4
(13)A sidewalk cafe permit may not be transferred and/or otherwise assigned. A new
owner and/or operator of a restaurant and/or business establishment with a sidewalk
cafe permit will be required to apply for and obtain a new permit.
(14)The permit covers only the public right-of-way. Tables and chairs on private property
will be governed by other applicable regulations. No outdoor seating authorized
pursuant to this division shall be used for calculating seating requirements pertaining to
location of, applications for, or issuance of, a liquor license; nor shall the outdoor
seating be used as the basis for computing required seating for restaurants, or as
grounds for claiming exemption from such requirements under the provisions of any
applicable city, county, and/or state law.
(15)Sidewalk cafes shall comply with all applicable accessibility codes including, without
limitation, the Americans with Disabilities Act (ADA), and state code provisions
addressing accessibility for building construction, as same may be amended from time
to time.
(16) A sample menu that will be used by the sidewalk cafe to display or disclose prices for
food and drink menu item(s), or display or disclose those prices for any food and drink
menu special(s). The sample menu must display or disclose food or drink menu
item(s) or food and drink menu special(s) in a size (font) and typeface that is at least as
large as the name of the menu or food item.
(17) An affidavit by the sidewalk café that the inclusion of an automatic gratuity or service
charge, either in the price of the meal or drink or separately imposed for all items
ordered, will be disclosed on the menu and the face of the bill. The affidavit shall state
that the notification to the customer of an automatic gratuity or service charge is being
included consistent with, and pursuant to, those requirement(s) set forth in Section 82-
381(1).
(c) Renewals. As provided in subsection 82-371(b), a permittee who has been issued more
than six violations pursuant to this division within a permit year, shall be prohibited from
applying for and obtaining a sidewalk cafe permit for the following two consecutive permit
years.
SECTION 3. That Section 82-385 of Subdivision II of Division 5 of Article IV of Chapter 82 of
the Code of the City Miami Beach is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE IV. Uses in Public Rights-of-Way
* * *
DIVISION 5. Sidewalk Cafes
Subdivision II. Permit
5
Sec. 82-385. Minimum standards, criteria, and conditions for operation of sidewalk
cafes.
(a) The permittee shall take any and all actions to assure that its use of the public right-of-way
in no way interferes with patrons of other sidewalk cafes, or limits their free, unobstructed
passage thereto.
(b) Sidewalk cafes shall be located in such a manner that a distance of not less than five feet is
maintained at all times as a clear and unobstructed five-foot pedestrian path around public
amenities and areas such as, by way of example, fountains, landscaped areas (excluding
city planters), and seating/shade structures. Notwithstanding the preceding, the city
manager, in his reasonable judgment and discretion, and on a case-by-case basis, may
J 9 � Y Y
approve and allow for a pedestrian path of less than five feet where an applicant/permittee's
sidewalk cafe operation would be significantly impacted. In considering such cases, and in
determining whether an applicant/permittee is "significantly impacted," the city manager
may apply the criteria set forth in subsections 82-384 (c)(1)—(4). A five-foot pedestrian path
shall also be required and established where the city manager, in his reasonable judgment
and discretion, determines that the operation of a sidewalk cafe inhibits pedestrian access
to an adjacent business establishment or adversely affects the visibility of an adjacent
storefront.
(c) No tables, chairs, umbrellas, or other sidewalk cafe furniture shall be permitted within ten
feet of a bus bench and/or bus shelter. A distance of five feet shall be maintained from taxi
stands, fire hydrants, bike racks, directory signage/kiosks, and/or other similar public street
furniture and/or fixtures.
(d) No tables, chairs, umbrellas or other sidewalk cafe furniture shall be permitted within five
feet of an alley, pedestrian crosswalk, or corner curb cut.
(e) The pedestrian path for Lincoln Road shall be a 12-foot clear path for emergency and
maintenance vehicles. The exact location of the path on each block shall be determined by
the city manager, in his reasonable judgment and discretion, and shall be incorporated into
the sidewalk cafe site map of Lincoln Road.
(f) No object shall be permitted around the perimeter of an area occupied by tables and chairs
which would have the effect of forming a physical or visual barrier discouraging the free use
of the tables and chairs by the public, or(in the case of Lincoln Road) which would have the
effect of obstructing the pedestrian path or public access between the north and south sides
of Lincoln Road.
(g) The area covered by a sidewalk cafe permit, and the sidewalk and street immediately
adjacent to it, shall be maintained in a clean, neat and orderly appearance at all times by
the permittee. The area of the sidewalk, curb and gutter immediately adjacent to the
sidewalk cafe shall be cleared of all debris during hours of operation, and again at the close
of each business day, or as may otherwise be determined by the city manager. The
permittee shall be responsible for pressure cleaning the floor surface on which the sidewalk
cafe is located at the close of each business day. The city shall pressure wash the right-of-
way from time to time in accordance with such schedule as shall be established in the
reasonable judgment and discretion of the city manager. In establishing said schedule, the
city manager shall use reasonable efforts to assure that the city's pressure cleaning of the
public right-of-way occurs at such times as will cause the least disruption to sidewalk cafe
operations.
6
(h) Tables, chairs, umbrellas and any other sidewalk cafe furniture shall be maintained in a
clean, attractive, and orderly appearance, and shall be maintained and kept in good repair
at all times.
(i) All sidewalk cafe furniture shall be of high quality, design, materials, and workmanship so
as to ensure the safety and convenience of the public.
(j) Only the sidewalk cafe furniture specifically shown on the approved sidewalk cafe site plan
shall be allowed in the permit area.
(k) All tables, chairs, umbrellas, and any other sidewalk cafe furniture shall be readily
removable, and shall not be physically attached, chained, or in any other manner affixed to
any public structure, street furniture, signage, and/or other public fixture, or to a curb and/or
public right-of-way.
(I) The stacking or piling up of chairs shall be prohibited on the right-of-way. On Lincoln Road
Mall, tables, chairs and closed-up umbrellas may only remain on the right-of-way (within the
permit area) as long as they are placed in an orderly manner. Notwithstanding the
foregoing, on Lincoln Road Mall tables, chairs and closed-up umbrellas may remain on the
right-of-way as long as 80 percent of the restaurants on Lincoln Road Mall are open for
lunch beginning at 11:00 a.m. The city will make this determination on two separate times
during each permit year. The first determination shall be made on October 1, with the
second determination being made on April 1 of each year. The phrase "open for lunch"
shall be defined by the serving of meals to patrons during the lunch hour. If the city
determines that less than 80 percent of the restaurants on Lincoln Road Mall are open for
lunch on either October 1 or April 1 of a permit year, then the following regulation shall
apply to all restaurants on Lincoln Road Mall. Any and all other sidewalk cafe furniture
including without limitation, rolling service stations, service carts and bussing stations, may
only be maintained in the permit area during hours of operation provided however, that
planters that cannot be readily removed may remain within the permit area subject to the
provisions of subsection (s) hereof. On Lincoln Road Mall, rolling service stations, service
carts, and bussing stations shall not be permitted to be placed within five feet of the walls,
columns, or posts of the Lapidus structures, city planters, or in front of other storefronts
and/or business establishments. Notwithstanding anything contained in this subsection (I),
the city manager may require a permittee to store its tables, chairs and/or umbrellas off of
the right-of-way if, in his reasonable judgment and discretion, the city manager determines
that the sidewalk cafe permit area and immediately adjacent public right-of-way are not
being adequately maintained in accordance with this division.
(m) No storage of dishes, silverware or other similar sidewalk cafe equipment shall be allowed
in the permit area, or in any other portion of the public right-of-way, or outside the structural
confines of the building in which the restaurant is located, during non-business hours.
(n) There shall be no live entertainment or speakers placed in the permit area unless expressly
permitted as a special event. Conditions such as hours and days of operation and audio
levels will be regulated by the city's special events office, and these may vary during the
year.
(o) One menu board and one specials board shall be permitted, per sidewalk cafe, for every 50
feet of frontage.
(p) No food preparation, food storage, expanded polystyrene food service articles, refrigeration
apparatus or equipment, or fire apparatus or equipment, shall be allowed on the right-of-
way. In addition, expanded polystyrene food service articles shall not be provided to
sidewalk café patrons.
7
(q) No food displays shall be permitted on the public right-of-way. No advertising signs or
business identification signs shall be permitted on the public right-of-way except that the
restaurant name and/or its logo may be permitted on umbrellas but such logos and/or
lettering may not exceed six inches in height.
(r) Umbrellas shall be fire-retardant, pressure-treated or manufactured of fire-resistant
material. No portion of an umbrella shall be less than six feet eight inches above the right-
of-way. Two or more umbrellas may not be clipped, zipped or otherwise fastened together
in order to form a tentlike structure. Clear plastics or other materials may not be fastened,
rolled or otherwise be attached to umbrella edges in order to create an enclosure.
(s) The city manager may permit the use of planters manufactured of terra-cotta or polymer
materials, with the number and size to be reviewed at time of application. Placement of
planters within sidewalk cafe areas shall be five feet apart or greater. It shall be the
permittee's responsibility to immediately remove planters, upon written and/or verbal notice
from the city manager, in case of emergency or other circumstances as provided in this
division. Maximum size of planters shall not exceed the following:
(1) Rectangular planters: 30 inches long, by 15 inches wide by 20 inches high.
(2) Round planters: 24 inches diameter by 24 inches high.
(3) Planters 20 inches or higher shall be on rollers or on rolling bases.
(4) The combination of planters and plant height should not exceed a table height of 34
inches.
Plants shall be properly maintained. Distressed plants shall be promptly replaced. Plant
fertilizers which contain material that can stain the sidewalks shall not be allowed. Water
drainage from any plants onto the sidewalk shall not be allowed. Potted plants shall have
saucers or other suitable systems to retain seepage.
(t) Permittees may make written request to the city manager to use city electricity for powering
floor fans during the summer months. Summer months are defined as the period beginning
on May 1, and ending on September 30. The city manager will make electrical outlets
operable upon payment of a flat fee, which fee shall be determined, and may be adjusted
from time to time, in the reasonable judgment and discretion of the city manager, for each of
the calendar days during the summer months. City electrical outlets will be restricted to
powering floor fans only. Using the electrical outlets for powering lights, menu board lighting,
and any other electrical device is strictly prohibited. Permittees violating this restriction will
have the electrical boxes deactivated and forfeit any monies paid for electrical use. Fans
must be UL approved for outdoor use. Extension cords are not allowed.
(u) No permit shall be granted on Lincoln Road in an area designated in the sidewalk cafe site
map as restricted for special and cultural events; provided however, that the city manager
may approve temporary use of such area(s), on a case by case basis, and only for a
defined, limited time.
j A sidewalk café shall be prohibited from continuing its operation until such time that it
displays or discloses prices for food and drink menu item(s), or displays or discloses those
prices for any food and drink menu special(s), consistent with those requirements set forth in
Section 82-381(h) and 82-382(16).
8
i
(w) A sidewalk café that automatically includes a gratuity or service charge, either in the price of
the meal or drink or separately imposed for all items ordered, and fails to properly notify the
customer of the automatic gratuity or service charge is prohibited from operating on the
City's property. The notification must be consistent with those requirements set forth in
Sections 82-381(1) and 82-382(17).
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. 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 part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect on the 1st day of January , 2016.
PASSED AND ADOPTED this 7 day of De Ce vp,(b4P(, , 2015.
ATTEST: ,,
,, /
111 1 2 17 �, ,_... ...14 � lf�J
f j/ . : ;
Mayor 7 p ;: ine .
Rafa I E. Granado, Cit Clerk,:. . qh �,.
/
(Sponsored by Commissio-:' �eky ,) - f:e �.:��i, ' APPROVED AS TO
9 ---�� ogle- fir,.. -- ` FORM&LANGUAGE
Underline denotes additio s '''�� � * 1 B FOR EXECUTION
•Double underline denotes :
MAMIBEACH
OFFICE OF THE CITY ATTORNEY
RAUL AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR PHILIP LEVINE SECOND READING
MEMBERS OF THE CITY COMMISSION PUBLIC HEARING
JIMMY L. MORALES, CITY MANAGER
FROM: RAUL J. AGUILA, CITY ATTORNEY2P4 `J-
fl'"
DATE: DECEMBER 9, 2015
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, ENTITLED "PUBLIC PROPERTY," BY AMENDING
ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," BY
AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFES," BY AMENDING
SUBDIVISION II, ENTITLED "PERMIT," BY AMENDING SECTION 82-381
THEREOF, ENTITLED "PERMITTED AREAS; CONDITIONAL PERMIT; CITY
MANAGER'S RIGHT TO REMOVE SIDEWALK CAFES," BY REQUIRING
DISPLAY OF PRICES FOR FOOD AND DRINK MENU ITEMS OR ANY FOOD
AND DRINK MENU SPECIALS, AND ESTABLISHING A NOTICE PROVISION
TO CUSTOMERS REGARDING ANY AUTOMATIC GRATUITY OR SERVICE
CHARGE BY THE OPERATOR OF THE SIDEWALK CAFÉ; BY AMENDING
SECTION 82-382 THEREOF, ENTITLED "APPLICATION," MANDATING
THAT A SIDEWALK CAFÉ APPLICATION BE DENIED FOR FAILURE TO
HAVE FOOD AND DRINK MENUS WHICH INCLUDES PRICES FOR FOOD
AND DRINK MENU ITEMS, FOOD AND DRINK MENU SPECIALS, OR
NOTIFICATION OF ANY AUTOMATIC GRATUITY OR SERVICE CHARGE
IMPOSED BY THE SIDEWALK CAFÉ OPERATOR; BY AMENDING SECTION
82-385 THEREOF, ENTITLED "MINIMUM STANDARDS, CRITERIA, AND
CONDITIONS FOR OPERATION OF SIDEWALK CAFES," BY PROHIBITING
A SIDEWALK CAFÉ TO OPERATE WITHOUT FOOD AND DRINK MENUS
WHICH SHOW THE PRICING FOR ANY FOOD AND DRINK MENU ITEM OR
FOOD AND DRINK MENU SPECIAL, AND FAIL TO NOTIFY CUSTOMERS OF
ANY AUTOMATIC GRATUITY OR SERVICE CHARGE IMPOSED BY THE
SIDEWALK CAFÉ OPERATOR; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
The Mayor and City Commission held a first reading of the amendment to the ordinance on
October 14, 2014. The Mayor and City Commission passed the amendment to the Ordinance
without any modifications, and recognized the importance of this legislation, which is anticipated
to provide protection to visitors, tourists and citizens throughout the City of Miami Beach.
Agenda Item R SD
Date 12-9 t„\--
Commission Memorandum
Sidewalk Cafes Menu Requirements
December 9, 2015 Page 2 of 2
Commissioner Micky Steinberg proposed this ordinance amendment in order to require
operators of sidewalk cafes to display or disclose prices for food and drink menu items or
display or disclose any food and drink menu specials. Furthermore, Commissioner Steinberg
has included language in the ordinance amendment that will mandate an operator of a sidewalk
café to provide notice to customers of any automatic gratuity or service charge that is being
imposed by the operator of the sidewalk café, which notification requirement is consistent with,
and mandated by, Section 509.214 of the Florida Statutes.
A business establishment does not have an actual or inherent legal right to conduct a sidewalk
café operation upon the City's property. The City authorizes a business establishment the
ability to utilize its public property for a sidewalk café pursuant to a legally sufficient application
for a sidewalk café permit, which application must be consistent with those requirements set
forth in Sections 82-381 through 82-388 of the Miami Beach Code. A business establishment
seeking to obtain a sidewalk café permit, pursuant to this ordinance amendment, will be legally
required to identify or disclose all menu prices for food and drinks, disclose any menu specials
and must provide sufficient notice of the automatic gratuity or service charge. Any existing
sidewalk café operator that fails to comply with this new ordinance provision(s), will not be
permitted to continue operating the sidewalk café, until such time that menu prices are properly
displayed or disclosed for food and drinks, menu specials or the automatic gratuity or service
charge.
This ordinance amendment will be an additional permit and operation condition that will prevent
potential deceptive practices, and further require business establishments operating upon the
City's public property to comply, in their entirety, with Article IV, Division 5 of Chapter 82. The
ordinance will prevent patrons from being over-charged or deceived for those food and
beverage menu items purchased, and will allow a patron to recognize the cost of these items
before making his/her selection.
Commissioner Steinberg has determined that these ordinance provision(s) will protect its
citizens and visitors from undisclosed, exorbitant charges for food and drinks at sidewalk cafes,
and provide notification of the gratuity or service charge imposed by the sidewalk café operator.
It is anticipated that there will be minimal fiscal impact surrounding the enforcement of this
legislation.
RA/AB/sc
d E >>°E^Y m NC. -° 3 - a s ¢.Q 2 O� Q� (>�.+ Nr o a d �O L v f"- d 'V, J F_- O>U Y ° . 3 ra c ° 1
dU .� > m _J m.8 'WcN n R'1
° c adr , v mIZ ^ 'v O_ Q my o a U 'Q _ L L....0 ¢^ ^,-Q Q N x >d =W• Q N-2 Y > .. O, L OZ . . c °!Q a Q � m c o E o U am c o m a 0. E: 0 u_ U>- '-p Y >.. .; L d 0 r N d >a 7 d d \ L o d x v O N E°.c->Q C O)m v d 0 °'O m D adE r:: o a E.a O °.0 n 7 d 'C U � a Y . o U d O y h r\ J cn Z cl �d¢I- a N °4' a d C O c.x 0 cti >•U° .= m 2 C r0 f9 w J U- > - ° o
`n > d o 'y r c. oy Q LL w• .. o ui d rO N m.^ a N W a y: � u d - � d 'E n mS ai E U JJ = Ol J,`• C• a >N c oE >c . c ya °F-� '�c.d.*LL Nn N�O� '1:11 .,-.3., -V Nd O ca a O p N �°_ U dN .>4 d u c y ra ^
1 !1I d __a>s y 'O I� J- d u'O ° d L c3. E n a=o I-O Q °•O v
7-:'..=. d'u m d m
E• E a r o•r d ,-
k a �.' 'a 2 L . e
E a O d E 2Q= o c Z p E a.=A-o a
�-., o,. F -d d N Q c 1 d -m d p d N > 3 O a
o U u E ca'u > 'Y=a >j_U W
d 2Ua-,E m L H .c u Q ca m u o C ^ m 0 c d
V-2..0 w U N O y N W O - a m 4
o.,.3 O.Vi o Q I -< E° .c N c
O N E U O'- N d c O c 'v+-c--=J c U a_ c i E _.o H Rd
d
a ' ; ' _ d E a, cd H d y 'o -O LL N= E L• O d C.2.E,/L ^ 2.E."31..' Q d Y u a 0 m y. L� LL Q Q E a- _
c ° m - U^ E a ' a
j N N�a a.,` ••CJ d U r d c.'Q d 7 C �.•- m C .N L N ri d' d h
a` d Q: -d O a.-N:_ d _.0. = O=_° > c% U a >° E U d
NC- a ° U O o
LL o =• u c- d ° a,� W v_7 o a, C cri Q o > v -y
M a a�_ O °:c' c�i C a°•° ^ .o ^
a`V"y= � ^ C m c, . U o
C.)CC �e, .-5 oEi aamo
o� d a O > N Qo c °q co� -
U _N >>o }-7 ¢ .O O ro y mg yc d m 3a
Q T v, N d d N.`
d Q m c , d-d d c
m c Q a m rj a e-.¢iii oHa aEco 3 E7gE2" ,,,z, i r z L a,... >•^ N .o a° 3
W W v ° F cv d¢ ° °
d v a d c- >2c E n LL O Qno d W ^v o °
? m `m .E_E ad d d m y> an a o
ca �,u ca d r
03 I 5� u_ o -. , - m-? 8 U -°d, m~o c, y c a c, m> d c -
_ E . ° d _.,c . c 2~
Ql a a . ° Q '7,.. - o O y _
O.d Q a_d Q O ^p-Q -d;.° d W . 0: u-, o U 0 O . 0z.-- c,. ? a, .° = .c^ ti y-
C v y c a aC^-E m a>3 _a ?a c E N S a U=>�•O ry O _flJ
U d c=+a a•>_ .G m c c�,U m C--c d Q >a o ca u
tic"
a Q c C 2
3_° L u
d a a
u
u.- -c ° - u ¢ 8 = r a ° E . `=E °,.m ay J d a o Q N Q-¢ Q o U.N •° > =, E u m d ... .= ° Q? a "? N` a 2 a °o d- °a ^ a., n J ai a ° d .E LL a Q o '° u m .. ` °' ^Fa a c E O v u� d cn ra = m � E ° o °'u ¢? C LL . LL - = � ` ' y > ,-N a - -y O c - C `CC N o u O a N 0 ., C, Q d;:_u N a ¢_ ° `d N C O , O r d
V// < >U C d .�. d •
O y 'J O O d U N U 8•T±. y d a,c m 'c w a E' uM > v w o,°i q i ° u L' c'1.) c m a, 2, a
O E ` C= O C c N' C.= G Q d ,.•
Q O L d I N-y c a E LL Q 1.3 C ° O y 2 a d ° c^i C E o d y u _o
= c y. a" -a .c,1 .N°,d¢ <:;.i.E Q v = >C C g p a m d d c a.cu d °.
�� c a v W a d ca a d o m a v ° m E? ~o
a d ` a a)m a m> E m Q ' m y c_3 za E., v c. < ° c m u-o.d ` m ° _ o
y o a C u cr c
s- � C- d
` L U a =H LL Q Cn J C. 1 J-�• o d J ] y'•` ® L •y F 'I'> u C O U � O O_. U O d d _ Q L _ y N r r-E 41 d y E u a)
.- d r- c O-_-
^W d 7 c `�7 R d J
R a V,C r j O° ¢ • Ol- U -.N y O > C O , '^ ? - C _O .2 d O- V.N
(T 0 `�2 :0w .ci c u w? a N m ? °O Q Z.° o d c °
,y W oQTa V. y.L d c am' Ol d ?O¢ d LE! _ d r� >.U a L-. W rN W a. d N 5• •O j ? -- •U O E•r ^C.] d
o d m t-- O� O N--¢ J a a W 0,- ..•a 3 > O .= LL'; v,CO, p ,-CO a d N C.0^ O a y
dO 24'dU Ca O ?a.m_a_ E.G E- > Qm d O E Q .? _>>• r-.5. U N O¢R ^g u .0 3 _ m°N ra N O _U'N co d O >.a n Q d- •c N y O a O q O w".� d o
L' m~z V C c 78. m ^ >W 8 O o U-. .e -0 N LL-t
E c„ Em °Q>�. wo a E a 2. -a d Q c L d c E y .r °a a y N L ^ O
a N Q 1= da ° dkr m-°` .. 0 c¢ J QQ�. ai c y l° c Y a Ti d E a 0 `w
L d a c .c Q mo ai x uQrn i Q'> H�.ym o d E ri d ad a' LL w A 8>, na d E' m.
/ _d:'E 0 L a r •p T C•p O •.. _,� N'- a 'U LL G ^ N d a °N y m LL y ^W. r N C U .U
•,- ^C E N.a ¢ m= ca m ri d U6 d 1
Q1 ^ LL u y o_d O 2.'5.- -.= N d a O
Ol O)77.1 d...••• a -'• . W
-`d Q J d N O> d C
O'p'y rUa °Q'C
'g� _ y�Q 7 -o c me. ,= a .0 cu ° N' a iL y a, m To G R H� o7° °
LL d'¢ a y a - d �..
oT U Y E U N m Q .a d d y' Q C 1 d O ^ cA o > d LF-- a d a, 2NQ1 °5 ri dy` ' 7." U v3..,O Q r -C >. m , N' _OU d W p > . �O 1r .m d 2)7, .ua 2 2 i d c ` a Q 0 n d> - °-_ m O .0.^t ' >d >a 2 U
N = C a - E0 ay 9 0, U O o d. _ ° Gl d
N 1-'a Q L,a m d a' 'E_O r .C- a N O'J_ N U d- y y L., d m ° E O E E ° d.dd rd
Q. .�JU ` ra - U C` r d U Q d d ^ J (y N= N ri d:R N Ii E Q 0 0 ]. Q °. a J �.`�M J LIJ -°Q u u o m U 0 vl m u o - O . c o d .5 U N d U -,c,- t v H o F° U d y a E r J r nd .v Q Q m a s (]o.c U >nF Y o d a, ., c-o O ^ d -E�In d m.v?°,,,. a 0 E i-7-S_ °° 'm m ° ° o d
-c3.C-/ J o °,d c a H Q m^ u F c'c ` H a,a,0 p E Q C c a C o Q a s y v d 3 o a E d r O a N> H >11 U a'?d =.- d N d
? a. n y ° - O•m S uro_a aQ ° E •c c c aE-. I- >u ° m= � ° d E E a[ >a n- c r u,_ o
^ O N Sr O d d °r
^ u n ' CO F- ^, a, O a a o u u
'i
°a o Y o O o a- a ra a 'o¢ , ? E E^ E Q.c n o y' t .g. -
•-N `a.=' ro H aL ?O d-a m d N';N-a . u o Q¢ m d z a=d O:=r7=> aQ_-Q N 2, E^O r LL F d.a ¢ E m E o
a d 'r v° °m 2822 , 2,0- °_ ` c a U v ^ i d F..
:,y Zr-t- c d Y 2 E. u d H P° m'o 'o 2 a 1 '• `m•c ^ a__a u m N ° m E N m °,�` °,n o.c .21<-= m¢ °-' � Q ¢ O .7 °E o a,? > rm m c-
h d — •• i a _ V`p E C^M 'S O v E a ° d` - f
li a ¢ O U cD c G > _ -•
u
d m ° d °a o d.M c O ° .c c
H FE G i o -a H R ,.
W 3 y E E - e? ' C Oa O LE i . .. : y,-°, o a =W a O d^ a o U .a o _ E O a_ ? ^J =)-=,:c F,33 - w = N " ` m d
} d N a > ¢ U d - L2 a to O'u�a cc ^d fa u
=-'- .c- d d ° a >U = d d.r° ^ N ` ' ° E a
TQ 0, E. 2 U,, E j E.. Q d N a a d . Q E- u
p LL -a d Q a- ¢.= ^d Q uM m Q G r d.N N v ¢U:d',e-V] < ,_O Q ¢O c a, c d m oN a
w , a,1 O=p_°, d.,, a d a O .• Q Y, d O. 8 Ea G ..,,, ^_ C CO ^ N = - d
=U -Ca N r .. U 2'2 ca O .2 `d ^(-) d O d 0_ do-ff0, C O y O O d% W V O o C N a w O
u c 1i o ° G c -O °o L a m o'o c E = E G E a E y rn mF E v m E 8d -m o ? E -:N� E C E a a - 0. E.= rn da Q lL.� ° O > O 'O >V y W' . .-:O = a
U E R a a- O0 u O d R O 7 76 a ¢ D W O R a R O d'N n Y y R N 7 N O 0 N e N O y E._ 7 Oa m Q N
12 - _ O N c in c a O V O od a,O LL to ca= y c O Lel c. .O O c, • W 's °H O aa, a,o a-.U N Q. N r ,77 V > r' ^ E ` n,, Q E a o v v 4 in C R 0.o H'_ = d r
1n O
O cQ Q E G r^z 0 o¢W c,'a= o cd_' o Q 8',.:,.6:O d OQ U LL c¢J Q U U f.2 Q 0¢ o¢ r¢ E Z G E a a,= •�U Q z
LO o