97-3099 ORD
ORDINANCE NO. 97-3099
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING ORDINANCE
NO. 95-2995 BY AMENDING CHAPTER 20 OF
THE MIAMI BEACH CITY CODE, ENTITLED
"BUSINESS LICENSES" AMENDING
SUBSECTIONS 20-11(175), ENTITLED
"SCHEDULE OF FEES," BY ADDING AN
EXEMPTION FOR SIDEWALK CAFE CHAIRS;
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 20-11, (175) of Miami Beach City Code Chapter 20, entitled
"Schedule of Fees" is hereby amended as follows:
(175) RESTAURANTS, DRUGSTORES OR OTHER ESTABLISHMENTS SERVING FOOD
PERMITTING THE OPERATION OF CAFE, CAFETERIA, DINING ROOM, TEA ROOM OR
RESTAURANT TAKE-OUT WITH CHAIRS, OR STOOLS, EACH TO COUNT AS ONE SEAT:
(a) NO CHAIRS. .. .................... .......... .......... .. . .. $150.00
(b) PER CHAIR, 1 TO 50 SEATS (SIDEWALK CAFE CHAIRS EXEMPT). ...... $ 7.00
(c) EACH ADDITIONAL CHAIR OVER 50 (SIDEWALK CAFE CHAIRS EXEMPT) . $ 8.00
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repealed.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 31stday of Octobe,r1997.
ATTEST:
PASSED AND ADOPTED this 21st day of October
~,f- PMdv--
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
CITY CLERK
1st reading 9/24/97
2nd reading 10/21/97
~~
//)/1.;#2
Date
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
OFFICE OF THE CITY MANAGER
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. l:.L ~-91
FROM:
Mayor Seymour Gelber and DATE: October 21, 1997
Members of the City Commission
Jose Garcia-pedrosa. . U ..
City Manager IIf!
Second Reading and Public Hearing - an Ordinance of the Mayor and City
Commission of the City of Miami Beach, Florida, Amending Ordinance No.
95-2995 by Amending Chapter 20 of the Miami Beach City Code Entitled
"Business Licenses", Amending Subsection 20-11(175) (b) and (c), Entitled
"Schedule of Fees" by Exempting Sidewalk Cafe Chairs; Providing for
Repealer, Severability, Codification, and an Effective Date.
TO:
SUBJECT:
ADMINISTRATIVE RECOMMENDATION:
The Administration recommends that the City Commission, upon holding a public hearing,
adopt the proposed amendment on second reading.
ANAL YSIS:
The Sidewalk Cafe Ordinance Number 92-2808 permits the City to charge restaurants with
cafes a $150 annual permit fee and a fee of $1 0.00 per square foot per annum for the cafe
area. Additionally, the Occupational License Ordinance Number 95-2995, Chapter 20,
Section 20-11, (175),(b),(c) levies, and imposes a license tax fee of $7.00 per chair for one
to fifty seats and $8.00 for each additional chair over fifty.
At the City Commission meeting of September 10, 1997, the City Commission approved
the proposed sidewalk cafe ordinance and agreed with the Administration's suggestion that
the $7.00 and $8.00 per chair charges for sidewalk cafes as stipulated in Chapter 20,
Section 20-11, (175),(b),(c) of the "Business Licenses" of the Miami Beach City Code be
exempted from said charges. This amendment to the Business Licenses ordinance
effectuates the elimination of the per-chair charge on sidewalk cafes.
Agenda Item ~ '5 (5
Date IO-2\-~l
CONCLUSION
~
The Administration recommends that the Mayor and the City Commission approve the
ordinrce o,n second reading after a public hearing,
J