Loading...
HomeMy WebLinkAbout97-3092 ORDORDINANCE NO. 97-3092 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ARTICLE VI OF MIAMI BEACH CITY CODE CHAPTER 39, ENTITLED "SIDEWALK CAFES"; REQUIRING PERMISSION FOR THE OPERATION OF SIDEWALK CAFES BY ANY AFFECTED TENANTS; PROVIDING FOR PENALTIES FOR OPERATING A SIDEWALK CAFE WITHOUT A PERMIT; PROVIDING FOR A UNIFORM LOCATION AND WIDTH OF THE PEDESTRIAN PATH; PROVIDING FOR A DEFINITION OF A FULL-SERVICE RESTAURANT; PROVIDING FOR A DEFINITION OF A MENU BOARD; PROVIDING FOR A DEFINITION OF A 'SPECIALS' BOARD; PROVIDING FOR AN OFFICIAL CITY-APPROVED SIDEWALK CAFE SITE MAP; PROVIDING FOR THE REVIEW OF THE APPLICATION BY ADDITIONAL CITY DEPARTMENTS INCLUDING PLANNING, FINANCE, AND BUILDING; PROVIDING FOR COMPLIANCE WITH THE FLORIDA ACCESSIBILITY CODE FOR BUILDING CONSTRUCTION; PROVIDING FOR REMOVAL AND STORAGE FEES FOR REMOVED EQUIPMENT; INCREASING LIABILITY INSURANCE REQUIREMENTS; PROVIDING FOR REPEALER, SEVERABILITY, AND EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Article VI of Chapter 39 of the Miami Beach City Code, entitled "Sidewalk Cafes" is hereby amended to read as follows: ARTICLE VI. SIDEWALK CAFES Sec. 39-28. Declaration of Necessity and Intent. It is hereby found and declared: (1) 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. (2) That the existence of Sidewalk Cafes encourages additional pedestrian traffic to these areas. (3) pedestrian traffic. (4) That there is a need for regulations and standards for the existence and oper'ation of Sidewalk Cafes to facilitate and ensure a safe environment in these areas. (5) That the establishment of permit conditions and safety standards for Sidewalk ~afes is necessary to protect and promote the general health, safety, and welfare of the residents of the City of Miami Beach. (6) TIJ,~t Li,~cuh, Rudd, Huw~ve~, d pe,,,~it ,~,u~t ~till be ubtdi,~ed ~,,d tl,~ bd~e dpplicdtiu,, fee pdid. Sec. 39-29 Defi.itio~s. When used in this Article, the following words shall have the following meanings: "Diredor" means the Ci~ Manager of the City of Miami Beach or his/her designee. "FulI-Se~ice Restaurant" means any food service establishment that is maintained and operated as a place where food and beverages are prepared, served, and sold for consumption within the premises. "Me.u ,oard" means a board allowing for the posting of the subject establishment's complete menu and fabricated in such a manner so as not to constitute a form of general That the presence of Sidewalk Cafes may thus impede the free and safe flow of advertising or establishment identification. The "Menu Board" shall be no larger than 4 square feet, may not be internally illuminated, the top of the sign shall not exceed 5'6" from grade. 2 "Permittee" means the provisions of this Article. "Right-of-Way'' means recipient of a Sidewalk Cafe Permit under the terms and land in which the State, the Florida Department of Transportation, Dade County, 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. "Sandwich Board Sign" means a free-standing, A-frame structure located on a Sidewalk or Street which may be affixed in position or collapsible and which contains a "sign" as defined in Zoning Ordinance No. 89-2665 and amendments thereto. "Sidewalk" means that portion of the Right-of-Way which is located between the curb line or the lateral line of a Street and the adjacent property line and which is intended for use by pedestrians; provided that on Lincoln Road Mall "Sidewalk" shall mean Right-of-Way as defined above but shall only refer to that area between the property line and the center line of the Right-of-Way, exclusive of landscaped areas and a twelve-teTr foot-wide easement for vehicular access. "Sidewalk Cafe" means a use located on a public Sidewalk which is associated with a full-service restaurant ur ruud ~tdbli~l.,~t where food and OT beverages are prepared, served, and sold and are delivered for consumption on the sidewalk p~i~ but t~dVi,~ cuuki~g u~ ,~fli~dtiu,~ ~4uip,f~t . It is characterized by tables and chairs and may be shaded by awnings, canopies or umbrellas if permits for same have been i~ued obtained. "Sidewalk Cafe Site Map" means a City-approved map detailing the location of the pedestrian pathway as it relates to a Sidewalk Cafe. The "Sidewalk Cafe Site Map" shall be available for viewing in the Planning Design and Historic Preservation Division. "Sign" or "Signs" shall have the same meaning as provided for in Section 3-2A of the City's Zoning Ordinance No. 89-2665. "'Specials' Board" means a board allowing for the posting of the subject establishment's daily specials and fabricated in such a manner as to not constitute a form of advertising or gstablishment identification. The "'Specials' Board" shall be no larger than 4 square feet, may not be internally illuminated, and the top of the sign shall not exceed 5'6" from grade. "Street" means that portion of a Right-of-Way improved, designed or ordinarily used for vehicular traffic or parking. "Usable Sidewalk Area" means the frontage of the property times the width of the Sidewalk less five (5) feet. Sec. 39-30. Permit Required. It shall be unlawful for any person to operate a Sidewalk Cafe on any Sidewalk or public Right-of-Way within the City without obtaining a permit as required by this Article. Sidewalk Cafes shall only be located where permitted by the City'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. Ai'Lur i.l~i~Ly L..)u) udy~ ~ru~] u~u u~,UCL, V~ udtu ui' i.J]i~ u[di],dJ~cc dlly pUt~U~] ur U~tity upe[dti~]s a Sidewdlk Cdfe witJ~uul, ct pu~][]it u[ ctlJy la~Upu[ty uw~]e[ dJJuwh~ tile ul' d Sidewdlk care witt,uut d pennzoil, upu~ I,i~/'l~e~/it~ p~ulaerLy ~l,all be ~ubjet_t tu 4 The Director shall have the right to remove, after twenty-four (24) hours notice, any tables, chairs and other objects on public property which are used in connection with a Sidewalk Cafe which does not have a permit. : Sec. 39-31. Permit Fee; Renewal Fee: Penalties For Late Payments For , Renewal Fee. ~ (1) The annual permit fee for establishing or maintaining a Sidewalk Cafe shall be Ten Dollars ($10.00) per square foot of Usable Sidewalk Area, including the area between the tables and chairs, as determined by the Director. (2) The Director may suspend or prorate the annual permit fee in cases of public construction or emergency situations. (:~3) The permit fee shall be paid on or before October 1 and shall cover the time period from October 1 through September 30 of the following calendar year, except that ~Tere if the permit fee exceeds two thousand dollars ($2,000) the fee may be paid in two (2) semiannual if,cr~,fle,,t~ installments, the first ~ due on October 1 and the second t~ be due on April 1. P[uvid~d, Ifuw~v~, ti,alL fur tt~ 1992-93 ye,~,, i.[]e i've ~[~,~[[ b~ duc ~]d pdydble Ur) UI [.)[[Ul tu NuVfflllber l~t d[]d ~l]dll be prta[dtud ru[ dll eluve[,-[[lu~[tt] pc[iud. No tfc'eTrs-e permit shall be issued for any l'rdt_l, ita[]dl portion of the a year; p[uvided, I[uwever, th'at, but any person or entity operating a Sidewalk Cafe for a period beginning after May 1 of any year 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 39-3q~3 no refund of the fees shall be granted. (4) Late payments for permit renewal fees shall accrue at the rate of 10% per annum for the first thirty days. If the permit renewal fee is not paid within sixty days after it is due, 5 the permit shall terminate automatically. Any continued operation of the Sidewalk Cafe after termination shall be construed as operating a Sidewalk Cafe without a permit, and the Director shall have the right to remove, after twenty-four (24) hours notice, any tables, chairs, and any other objects used in connection with the Sidewalk Cafe. ta2) ,,~e pe~it fee~ cullected pU~Ud~t tu t[~i~ ~ectiu,~ hu,,~ Siduwdlk Cdfe~ lucdt~d UII OLedll D~ivu bl~dll be pldcud died ~di,~tdi,~ud i~ d bepd~d[e fu~,d d,~d ~l,dll be utilized u~lly fu~ i~pruvc,~c[~t~ dJ~d/u~ IIId[lltUlldllCe UII Ocudll Drive. TI~u pu[,~fit [eu~ cullected pUlbUdlI[ [U tlfi~ Suctiu,~ flu,,, Siduwdlk Cdfu~ lucdtud u~, L.,cu.~ d~d ~dh~tdh~ud i~ d ~epdld[e (ulld d~d ~l~dll be utilized u~ly (4) Nutwitl~btd,,di,~g dlly utl~u~ pdldgldp[I UI p~uvibiu~ d~ ~equi~ud by tlfi~ Sectiu~ ~l,dll be ,equi,ud fu, Up~d[iU~ ~ Sidewdlk Cdfe~ Rued p~iu~ tu ti.ce (3) yea[~ d[te[ tl~e effective dd[U u[ tt~i~ O~dh~d~cu; sidewdlk pe~it ~ee ~t~ll be [equi~ud fu~ tl~e pe~iud uf ti,~u betwee,~ Oc[ube[ 18, 1995, d~d tt,e cu~,pletiu~ ur tl~e Li~cuh~ Rudd Cu,~buctiu,, P~ujuct fu~ tl~u upe~dtiU~ U~ dlly Siduwdlk Cdfu fiu,,i d building8 luc~ted i,~ tl~e Li,~cuh~ Rudd Cdpitdl h,~p~uvel~U~b ~u~ui~ud by 5ec~iu~ 39-312 ~[~di[ be pdid. Sec. 39-32. Permit Application. (1) Application for a permit to operate a Sidewalk Cafe shall be ~ddu d[ tl~e office ur lieu Directed. Sucl~ dpp[icd[iu~ ~l~dll include, but not be limited to, the following information: 6 (a) (b) (c) 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 adj,~ce~t tu in front of which the proposed Sidewalk Cafe will be. ,~r~,~ wt~it, ll i~ tl~ ~ubj~.t uf the dppli~,~tio~. The number of chairs to be utilized for the Sidewalk Cafe must be included in the number of chairs authorized by the license; (d) A copy of a valid Certificate of Use for the buildi~,y, flo~tdg~ restaurant ddj,~.~lt to in front of which the pro.~osed Sidewalk Cafe will be. d~ea wl~icl~ i~ tl,e ~ubject of tile aplali~_atio~; (e) A copy of a current certificate of insurance in the amounts and categories required by Section 39-3¢__4 of this Article; (f) A drawing (dvawTr to scale) showing the layout and dimensions of the existing Sidewalk area and adjacent private property, proposed location, size and number of tables, chairs, steps, planters, umbrellas, location of doorways, location of trees, parking meters, bus shelters, Sidewalk benches, trash receptacles, and any other Sidewalk obstruction either existing or proposed within the pedestrian area; and (g) Photographs, drawings or manufacturers' brochures fully describing the appearance of all proposed tables, chairs, umbrellas or other objects related to the Sidewalk Cafe. (h) An affidavit from the owner(s) of the property(ies) i~J,,f,udi,~tely ddjdcef,t to tile Sidewalk wlfe[e in front of which the proposed Sidewalk Cafe will be, ~ consenting to the operation : of the Sidewalk Cafe at that location. (2) Annual application shall be accompanied by a non-refundable base application 'fee of $150.00. (3) Applications shall be reviewed for compliance with City ordinances and must be approved by the following departments or divisions: Public Works; Planning, Design and Historic Preservation; Pla~.~i,~s & Zu,~il~s, Duvulup~u~t, Du~iS~ d~d Pfe~u~v,~tiu~ Su~vicu~, Fire; Risk Management; Code Enforcement; Finance; and Building. Sec. 39-343. Standards and Criteria fur Apl~]i~--,i. iu,, R~vi~,, and Conditions for Permit. Suutiu[, 39-28(i )t')~)~ (1) Sidewalk Cafes are restricted to the Sidewalk frontage of the licensed restaurant to which the permit-is issued or within the Sidewalk frontage of the building where the validly licensed restaurant is located, provided that written approval is supplied by the building owner. The area of the permit may also extend by a maximum total of 50 feet on one side and/or the other of the permitee's business, subject to the provisions of subsection (2) below. (2) In the event the subject area of the permit extends to a public Right-of-Way in front of an adjacent owner's property, the permittee must obtain written permission for use of such area from the adjacent property owner. I'or u~e ~¢ Ll~i~ d~Ud. The revocation or 8 suspension of this such permission shall not operate to grant 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. (3) 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 alleys. (4) No tables, or chairs, umbrellas, or other fixtures will be permitted within five (5) feet of a pedestrian crosswalk or handicap corner curb-cut-r-mT~. (5) Sidewalk Cafes shall be located in such a manner that a distance of 50% u~ dIe Sidewalk wld~l~ not less than witl, ct JJ~i~,i~lu~,~ widdl of five (5) feet is maintained at all times as ~rn a clear and unobstructed pedestrian path; provided t[~at tile Dilectul ~l,ay pell~it Sidewalk Cal'e~ to uccupy additlu~lal ~p,:~ce wl,e,e e~tabli~l,ed pede~bia~ as~d tld,,~ patl,~ ~l,a[I J~ut be ub~t, ucted a~,d wt~ele public ~al'ety ~l,dll ~ut be adveJ~ely affected except on Lincoln Road, where the minimum unobstructed pedestrian path shall be twelve (12) feet. Ii, a~ea~ uf cul,ge~ted pede~tlial~ activity, tile Di,e~tu~ b dutt,u,lzed tu ,equi,e ct wide~ pede~bia, i pad,, a~ ci~cu,l,~tallce~ dictate. The pedestrian path for Lincoln Road shall be located between the property line and the centerline of Lincoln Road, the exact location to be determined by the Director in consultation with the appropriate Sidewalk Cafe operators and to be incorporated into the Sidewalk Cafe Site Map of Lincoln Road. (6) 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 general public or which would have the effect of obstructing the pedestrian path, except that the Director may permit the use of planters. 9 (7) Tables, chairs, umbrellas, ca~,upie~, aw,,i,,g~ and aTgr other permissible objects 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. Design, materials, and colors shall be approved by the Planning, Design and Historic Preservation Develup~,~e,~t, De~i~;~l d,~d Pre~e~vdtiu,~ S~,viL~ Director prior to the issuance of the Sidewalk Cafe Permit. (8) Awlli,lg~, ~Umbrellas and other decorative material shall be fire-retardant, pressure-treated or manufactured of fire-resistive material. Signs, wiLl~ tile exceptiu,~ uf tile e~tabli~l,~,~e,~t ,,a,~e, are prohibited on aw,,i,,g~, umbrellas, chairs, tables and ~y other permissible fixture which is located on the public Right-of-Way. except that the establishment name and/or its logo is permitted on umbrellas. Lettering and/or Iogos may not exceed 6 inches in height. (9) Prior to issuance or renewal of a Sidewalk Cafe permit, the City's Finance Director shall certify that there are no outstanding fines, monies, fees, taxes or other charges owed to the City by the cutt~,t ur pa~t uw,,~ u~ up~,dtu~ uf tll~ p,up~ty person or entity requesting a Sidewalk Cafe permit. A Sidewalk Cafe permit will not be issued until all outstanding debts to the City are paid in full. (10) Only one (1) menu board and only (1) one 'specials' board shall be permitted per Sidewalk Cafe for every fifty feet of frontage.wiLl, a ,,~dxi~,lu,,I ~iZe ti,at du~ ,,uL ~xce~d I'uu~ (4) ~Hud~c I'~ct. The location, size, design, materials, and color of the menu board and 'specials' board shall be placed i,, a lucatiu,, approved by the Director of Planning. Design and Historic Preservation Dcvelup~c,,L, D~ig~,, a~d Hi~u~k. Pic~clval. lu,~ Se, vk.e~ prior to 10 the issuance of a Sidewalk Cafe Permit, and the menu board and 'specials' board location shall be shown on the permit exhibit. The menu board and 'specials' board shall not be a Sandwich Board or A-Frame Sign. All existin§ menu boards and 'specials' boards approved prior,to the effective date of this ordinance, includin§ permitted and non-permitted menu- boards, may remain only for a period of two {2) years from the inception of this provision. (11) Each permit shall be effective for one {1) year, from October 1 until September 30. (12) The permit issued may be transferred to a new owner only for the location and area listed on the permit. The transferred permit shall be valid only for the remainder of the period for which it was originally issued. (13) 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 apply a credit toward the following year's permit fee or if requested to do so by the permittee, refund the remaining fee to the permittee. (14) The Director may cause the immediate removal or relocation of all or parts of the Sidewalk Cafe in emergency situations or for safety considerations. (15) The City and its officers and employees shall not be responsible for Sidewalk Cafe fixtures relocated during emergencies. (16) The permit shall be specifically attached to and made a part of the permit. an limited to the area shown on the "exhibit" No permit shall be granted on Lincoln Road in area designated as restricted for special and cultural events, unless approved for temporary use by the Director. Such area will be designated in the City-approved Sidewalk Cafe Site Map. (17) 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 passage. (18) A sidewalk Cafe permit shall only be issued to a full-service restaurant. No 'Sidewalk Cafe permit shall be issued to a restaurant whose occupational license or certificate of use is limited to take-out service. (19) Tables, chairs, umbrellas, and other permissible objects provided with a Sidewalk Cafe shall be maintained with a clean and attractive appearance and shall be in good repair at all times. (20) The area covered by the permit and the sidewalk and roadway immediately adjacent to it shall be maintained in a neat and orderly appearance at all time by the Permitee, and the area shall be cleared of all debris as needed during the day, and again at the close of each business day and as determined by the Director. Permittee shall also be responsible to clean the floor surface on which the Sidewalk Cafe is located. (21) No advertising signs or business identification signs shall be permitted in the public right-of-way except as permitted in Section 39-33(8) herein. (22) No tables, chairs, or any other parts of Sidewalk Cafes shall be attached, chained, or in any manner affixed to any tree, post, sign, or other fixture, curb, or Sidewalk in or near the permitted area. (23) The permit covers only the public Sidewalk. Tables and chairs on private property will be governed by other applicable regulations. No additional outdoor seating 12 authorized herein shall be used for calculating seating requirements pertaining to location of, applications for, or issuance of a liquor license for any establishment; nor shall the outdoor seating be used as the basis for computing required seating for restaurants and dining rooms, or as grounds for claiming exemption from such requirements under the provisions of any city ordinance or state law. (24/ No food preparation, fire, or fire apparatus shall be allowed on the public Sidewalk, whether or not such area is covered by this permit. (25) Upon the issuance of a "Hurricane Warning" by Metropolitan Dade County, the permittee shall forthwith place indoors all tables, chairs, and other equipment located on the sidewalk. The issuance of a such a "Hurricane Warning" shall constitute an emergency situation as referenced herein. (26/ Only the Sidewalk Cafe equipment specifically shown on the approved diagram and not otherwise prohibited shall be allowed in the permit area. The estimated chair count per table may vary within the prescribed area provided that the chairs remain within the approved Sidewalk Cafe area. No storage of chairs, tables, dishes, silverware or other Sidewalk Cafe equipment shall be allowed in the permit area, in any portion of the public right-of-way, or outside the structural confines of the building in which the restaurant is located; however, the permitee may maintain such non-permanent structures as rolling service stations in the permit area during hours of operation. (27) There shall be no live entertainment or speakers placed in the permit area unless permitted as a Special Event. The maximum of 20 non-consecutive dates per calendar year shall not apply to applicants possessing a valid occupational license and a valid Sidewalk 13 cafe permit. Conditions such as hours and days of operation and audio levels will be regulated by the Special Events Officel and these may vary during the year. (2? The permit shall comply with the following design requirements regarding outdoor seating: clear knee space under tables: 27" height, 30" width, 19'7 depth and 34" maximum table height to top of table. Or alternatively, equivalent accessible seating may be provided. An acceDtable example of equivalent seating would be a round table of 36" diameter, 4'~ stem and base with individual supports. The pedestal and base shall not encroach in the clear floor area. For existing establishments, ten percent of the outdoor seating, but not less than one table, shall comply during first year from the effective date of this ordinance; twenty percent of the outdoor seating, but not less than two tables, shall comply during the second year from the effective date of this ordinance. For sidewalk cafe permits issued after the effective date of this ordinance, twenty percent of the outdoor seating, but not less than two tables shall comply immediately. (29) The permit shall comply with the Florida Accessibility Code for Building Construction which lists the following requirements which apply to sidewalk cafes: L.~ In new construction, all dining areas shall be accessible. In alterations, accessibility to all parts of outdoor seating areas is not required provided that the same services and decor are provided in accessible space usable by the general public and are not restricted to use by the people with disabilities. ~ The accessibility route shall be a minimum of 44" continuously. If an accessible route has less than 60" clear width, then ]4 passing at least 60" by 60" shall be located at reasonable intervals not to exceed 200 feet. (c) Objects, including umbrellas, mounted with their leading edges at or below 27" above the finished floor may protrude any amount. Free-standing objects mounted on posts or pylons may overhang 12" maximum from 27" to 80" above the ground or finished floor. Protruding objects shall not reduce the clear width of an accessible route or maneuvering space. Sec. 39-354. Liability and Insurance. (1) The permittee agrees to indemnify, defend, save and hold harmless the City, its officers and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out of th~ the permit or the permittee's activity on the demised premises. (2) The permittee agrees to meet and maintain for the entire permit period, at its own expense, the following requirements: (a) Commercial general liability insurance in the amount of $500,000 $1,000,000 per occurrence for bodily injury and property damage. The City must be named as an additional insured on this policy, and an endorsement must be issued as part of the policy reflecting compliance with this requirement. (b) For Sidewalk Cafes which serve alcoholic beverages, alcoholic-license liability insurance in the amount of $1,000,000 per 15 occurrence for bodily injury and property damage. The City must be named as an additional insured on this policy, and an endorsement must be issued as part of the policy reflecting compliance with this requirement. (b_c) Workers' compensation and employers' liability as required by the State of Florida. (cd) 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 Rating Guide, latest edition. prior to any The City must receive thirty (30) days written notice cancellation, non-renewal or material change in the coverage provided. (~) The permittee must provide and have approved by the City% Ri~k Md~ld~;e~ an original certificate of insurance as evidence that the above requirements have been met prior to commencing operations. Failure to comply with these requirements shall cause a suspension or revocation of thfs the permit. (3) Tl~e pef~,it pefiud ~l~dll ru,~ d,~d Jll~UldllLe ~equi,e~,e,~t~ d~ de~c, ibed i,, ~ub~ediu~ 2 dbuve ~l~ll be effective f~u~ Odubu~ 1 u~,til Supte~,~bu~ 30 uf tl~u fulluwi,~g I~ additiu~l tu tl~e i~u~ldtiu~ sequined i~ Sectiu~l 39-25 d~d tl~e ~ta~dd~d~ d~d c~[te~id 16 uesc~ueu h] ~ecuu,, ~-.)u, uiu pe[,,~it slJall cur,tab, I.l~e I'ulluwi,~ (1) Eact] pe,,,,it bi,all bu uffudivu fu~ u,,~ (1) yud~ f,u,,, Odubu, I u,,til 30, subjuut to d,n~Ud] ~u,~uwdl wid~ tl,u dpH~OVd] U[ [I,U Di,~utu,. (2) TI]~ pu~,]iL b~uud ~l]dll bu pu,~u,~d] to tJ~u pu~,itt~u u~ly d~]d ~,,d,, uu trd,~ferabJe u,]ly wild, tl,e appfuvdJ uf tl~e Di[ectu~. Suet, appruvdJ ~l,dlJ ,]uL be u~lrea~usiably witlll~eld. (3) Tile perJJ~it ~lay be te~lpu~a~ily ~u~pe~ded by die DirecLu~ clea~ Sidewalk d~ea~ fu~ a "cu~u~ul~ity u~ ~pecidl eve~t" autl~u~ized by d pef~llit b~ued by tl~e Pulice Depaxbi~e~t. (4) Tile Dicectu~ ~lay ~equi~e tl~e te~lpurdry retrieval uf Sidewalk Cdfe~ wl~e~ Street, Sidewalk, ur utility repair~ ~sece~itdte ~ucl~ actiu~. I[ ~ucll te~spu~a~y ~e~uval exceeds ~i¢ieeli(;5) day~, d~e DhecLur ~lldll p~urate tl~e ~eJ~aiJ~i~ pe~J~it fee fur eacl~ additiu~xdl day die Sidewalk Ca¢e i~ fe~suved a~sd apply a cledit tuwa~d die fulluwi~s~ yud~% ~eque~ted tu du ~u by die pe~littee, ~efu~d die ~e~r~ai~i~i~ fee tu tt~e periJtittee. (3) Tl~e City ~vla~Jd~e~ u~ lib de~i~ee, die Di~ectul u~ die Pulice Depaltl~se~t cause tl~e i~l.~ediate ~e~uval u~ ~elucatiu~l uf all u~ pdrb uf die Sidewalk Cafe i~s e~ser~e~lcy ~ituatiu~. (6) TI~e City ~ld ib uffice~ a~d eii~pluyee~ ~llall Jlut be re~pu~i~ible fur Sidewalk Cafe cu~lpu~le~]b ~elucdted du~i~ (7) TI~e pe~l~it ~l~dll be ~pecifically luruteu tu die a~ea ~l~uw~i u~ attaclled tu a~d ~ade a pd~t uf tl~e permafit. Tile Di~ecLu~ slsall I~ave die ri~l~t tu ~el~uve witl~uut ~utice, ajay table~, cl~ai~ ur utl~e~ ubjecb ~ut i~ die pe~lit 1'7 (8) (12) T[~e Sidewalk .~d ~uv~d by tl,e p~,,~it d~d Sidewalk di~d Ruddwdy Tl~e Di,ecl,ur fur ~dfel,y u, 18 ~eati,,g fur ,e~tau,a,,b a,~d di,,i,,~ ,uu,,,~, u, d~ ~uu,,d~ I'u, ,equi,e,,,e,,b u,,der tl,e p,uvbiu,,s el' ar,y city u,di,~a,~ce u, ~tate law. (15) Tl~e pe,,,~il, cuve,~ ur,ly ll,e public Sidewalk. Table~ p,uperty will be t~uve,,,ed by uti,v, applicable ,et~ulatiu,,s. 'Sidewalk care besi,,~. Said ~ul. ice sl~all be delivered tu I.t~e Di~ectur wii. l~i~ i. we,,i.y-i'uu, (24) (17) Nu ruud plepd,atiu., ri,c, u, ri,e appa,atu~ ~l,all be alluwed u,, tl,e public Sidewalk, wi,uti,v, ut ,,ut ~ud, a,ea b cure, ed by tt,b .... Up " ~ ....................... by" ~' ' Cuu,,i.y ©[[ice ui' E,,le,~;e,,cy Md,,a~;er,,e,,l tl,e per,,,ittee ~l,all ru,tl,witl, ,er,,uve d,,d place i,,duurs all tables, d,ai,~, aw,,i,,~ a,,d ud,e, equip.,e,,l luuated u,, tl,e sidewalk. Sec. ~9-~. D~,,i.,[, l~evoca[io~ or $-spension of Permit; (1) The approval of a Sidewalk Cafe permit is conditional at all times. A Sidewalk Cafe permit may be ~, revoked or suspended if it is found that: (a) Any necessary business or health permit has been suspended, revoked, or canceled. (b) The permittee does not have insurance which is correct and effective in the minimum amounts described in Section 39-3J-4. (c) The permittee exceeds the approved square foota§e by placin~ any additional tables, chairs, etc., beyond the approved area. rd) CI,a,,~i,,~ cu,,ditiu,,~ ur pedest,ia,, t, arfic cause ~l~dll bc bd~cd upu[, fi[]di,,g~ ur tl]c Di,~utu, tl,dt tt]u [[,i,]i[,]u,,] fivu (5) pedeM~id~b u~ Cdre pdtlUllb. (~d) The permittee has failed to correct violations of this Article or conditions of this permit within twu~ty Gu~ seventy-~o hours of receipt of the Director's notice of same delivered in writing to the permittee. (f2) In the event the permittee fails to remove any tables, chairs, and other objects related to the Sidewalk Cafe within twe~ty Gu~ (24) sevenW-~o (72) hours of receipt of the Director's final notice of ~, revocation or suspension, the Director shall have the right to remove said objects. TI~e bu ~u~pu~ible [u~ t[~e expu~u~ h~cur~cd by die City fu~ (2) Upu~ du[]idl ur tire pull]lit, tile Difectu~ ~l]dll givu w[itte]] [~uticu ur bud, dctiu~ tu (3) If the Director believes that a permittee has engaged or is engaged in conduct warranting the suspension or revocation of the permiC ~ the Director shall serve the lice]~uu permittee by certified mail or hand delivery, as permitted by State Statute, at his business address as disclosed in ~ the application for the permit, a written administrative complaint which affords reasonable notice of facts or conduct which warrant the intended 20 action. The complaint shall state what is required to be done to eliminate the violation, if any. The permittee shall be given adequate opportunity to request a prior administrative hearing before a Special Master appointed as provided in Se~tiu,I 9B-4 ui' i.[,i~ the City's Cod(~, unless the Director finds that an emergency condition exists involving serious danger to public health, safety or welfare, in which case advance notice and hearing shall not be 'required. In the case of an emergency suspension or revocation, the li~ permittee 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 S~tlu,, 20-44 ui' ~[ ~ Mi,~,~i B~d~.[~ the City's Code. Sec 39-36. Removal and Storage Fees If the City removes under any section herein tables, chairs, or other objects related to a Sidewalk Cafe, the permittee or Sidewalk Cafe operator shall be responsible for the reasonable expenses incurred by the City for the removal and storage of said objects. The Director shall promulgate and review, as needed, regulations regarding such storage and the disposition of property under this Article. Sec. 39-38Z. Appeals from the Decision of the Director u~ Appeals from decisions of the Director made pursuant to this Article shall be to the Special Master P~ula~fU MdifR~d~ Std~dd~d~ App~dl~ Bud~d in accordance with the procedures set forth in Chapter 9B S~tiu~ 17B-i 7 of the Miami Beach City Code. Appeals from the decisions of the Special Master or I~up~i.y M~i~lt~,~d~f~ Sl.,~dd~d~ App~dl~ Bud~d shall be to a court of competent jurisdiction by petition for writ of certiorari. 2] Sec. 39-398. Enforcement of Article by Code Inspectors; Notice of Violation; (1) Code Inspectors shall issue warning notices instead of violations during the first thirty~i30) days after the effective date. (2) Code Inspectors shall issue twenty-four (24) hour warning notices for all non-life .safety violations of this Article. Life-safety violations are defined as those conditions which exist involving serious danger to public health, safety or welfare, including violations of the Florida Accessibility Code for Buildin§ Construction, in which case the aforestated notice shall not be required. (~3) 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, the amount of fine for which the violator may be liable, the instructions and due date for paying the fine, the fact m:Tti'ce that the violation may be appealed by requesting an administrative hearing within twenty (20) days after service of the notice of violation, and the fact that failure to do so shall constitute an admission of the violation and waiver of the right to a hearing. Sec. 39-4-03_~9 Civil Fine for Violators. The following civil fines shall be imposed for violators of this Article: First citation: $100 fine Second citation: $250 fine (within a l-year period) Third citation: $500 fine 22 (within a 1-year period) (1.) Sec. 39-~1-4__~0. Rights of Violators; payment of fine; right to appeal; failure to pay civil fine or to appeal. A violator who has been served with a notice of violation shall elect either to: or (a) Pay the civil fine in the manner indicated on the notice; (2) Beach City Code. (3) If the named violator after notice fails to pay the civil fine or fails (b) Request an administrative hearing before a Special Master appointed as provided in Section 9B-4 of this Code by the City Commission to appeal the decision of the code inspector which resulted in the issuance of the notice of violation. The procedures for appeal shall be as set forth in Section 20-44 of the Miami timely to 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 right to administrative hearing. A waiver of the right to administrative hearing shall be treated as an admission of the violation, and penalties may be assessed accordingly. (4) Any party aggrieved by the decision of a Special Master may appeal that decision to a court of competent jurisdiction as provided in Section 162.11, Florida Statutes. 23 Sec. 39-4~24__tl. Recovery of unpaid fines; unpaid fines to constitute a lien; foreclosure (1) The City of Miami Beach may institute proceedings in a court of competent juris.ctiction to compel payment of civil fines. (2) A certified copy of an order imposing 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 judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After two (2) 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 affected by such invalidity. 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 September , 1997. PASSED and ADOPTED this A]~EST: CiT~TCi. E~K aq 20th day of mber, API~OVED A,*.-. ro & F~ ~CO'TiO~'4 24 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. ~_~'7 Mayor Seymour Gelber and Members of the City Commission Jose Garcia-Pedros:ff City Manager Amended Sidew: Cafe Ordinance DATE: September 10, 1997 ADMINISTRATION RECOMMENDATION: It is recommended that the City Commission approve the second and final reading of the Sidewalk Cafe Ordinance. BACKGROUND: The enormous popularity of outdoor dining has created an assortment of municipal impacts which the current Sidewalk Cate Ordinance does not satisfactorily address. Consequently, the Administration has worked closely with the community to create an ordinance that reasonably regulates outdoor dining. A series of well-attended open forums have been held to address issues raised by the proposed ordinance. The enclosed amended Sidewalk Cafe Ordinance reflects the changes made during these workshops as well as Commission concerns voiced at the June 4, 1997 City Commission Meeting. Such issues as ADA compliance, special event regulation, code enforcement measures, and the fiscal propriety of the proposed permit fee increases have been studied and are reflected in the proposed ordinance. Some of the significant ordinance modifications include: New businesses should not pay the same fee as those that are established. By graduating the fee ($10 for first year in business, $15 for second year in business, and a cap of $20 in the third year with provisions made for less expensive interior square foot leases), the Ordinance is sensitive to new restaurants desirous of enhancing interior space by adding outdoor dining. The removal of the per-chair-charge from a restaurant occupational license. The amended ordinance recognizes that the per square foot charge for outdoor dining is significant and the additional burden of a per-chair-charge should not be imposed. The proprietor shall have 24 hours to correct a violation prior to a citation being written, provided that the violation does not impact health, safety or welfare. AGENDA ITEM DATE ANALYSIS: Of particular importance is the need to address the erroneous assertion that an increase in permit fees is unwarranted. Particularly on Lincoln Road where City services are doubling to meet demand, and professional marketing is also of interest, the graduated permit fee increase is justified. Within these commercial districts, both resort tax revenue and table tax revenue contribute to the payment of City services and are augmented by additional money from the general fund. Fees generated by the Sidewalk Cafe Ordinance contribute only a portion of the total dollars (over 2 million dollars in FY 97/98) spent on city services in the South Beach area alone. The resort taxes collected by these businesses do not obviate the need or appropriateness of increasing the Sidewalk Cafe table tax. Furthermore, the Finance Department has demonstrated that restaurant dollars generated in the public right-of-way are far in excess of taxes collected and in most cases, double and triple restaurant seating capacity. CONCLUSION: The City Commission should approve the proposed Sidewalk Cafe Ordinance on second and final reading. JGP:~:pp f:\cmgr\$all\Ronnie\sidewalk.mem