2017-4070 Ordinance ORDINANCE NO. 2017-4070
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82,
ENTITLED "PUBLIC PROPERTY", AT DIVISION V, ENTITLED
"SIDEWALK CAFES," AT SECTION 82-383, RELATING TO PERMIT
FEES AND PENALTIES; TO REQUIRE PRE-PAYMENT, PRIOR
PAYMENT OF THE ANNUAL SIDEWALK CAFÉ PERMIT FEE; AND
ELIMINATING THE ABILITY TO PAY IN TWO ANNUAL
INSTALLMENTS; AND TO AMEND THE PERMIT FEE, TO BE
INCREASED WHEN THE CONSUMER PRICE INDEX (CPI) INCREASE
IS ONE AND A HALF PERCENT (1.5%) OR MORE, RATHER THAN A
CPI INCREASE OF FIVE (5) PERCENT OR MORE; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, at Chapter 82, relating to the regulation of public property, at
Division V, entitled "Sidewalk Cafés," the City regulates the ability of certain restaurants
to utilize abutting public sidewalk areas for sidewalk cafes; and
WHEREAS, Section 82-383, entitled "Permit fee; penalties for late payment;
review of fee; exception," which establishes the annual permit fee, penalties,
enforcement, and process for payment; and
WHEREAS, the Code previously allowed for the annual fee to be paid in two
installments during the year; and
WHEREAS, the City has transferred to a new permitting system that is unable to
process "partial" or "installment" payments; and
WHEREAS, the administration recommends removing the installment payment of
the permit fee from the Code; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 82, "Public Property," Division V "Sidewalk Cafes," at Section 82-383,
entitled "Permit fee; penalties for late payment; review of fee; exception," is amended as follows:
* * *
Sec. 82-383. - Permit fee; penalties for late payment; review of fee; exception
(a) The annual permit fee for operation of a sidewalk cafe shall be as set forth in appendix A,
and shall be based on a per square foot calculation of permitted sidewalk area (including the
area between the tables and chairs).
(1) Notwithstanding any other paragraphs or provisions of this article, no square footage
fee as required by this section shall be required for the operation of sidewalk cafes north
of 63rd Street through and including September 30, 2017. The abatement of sidewalk
cafe square footage fees for businesses north of 63rd Street shall be the subject of a
budget analysis and review by the City Administration by September 30, 2017. However,
a permit must be obtained and the annual base application fee required by subsection
82-382(b)(9) shall be paid for the operation of sidewalk cafes north of 63rd Street.
•
(2) No square footage fee as required by this section shall be required for the operation
of sidewalk cafes in conjunction with the Washington Avenue Pilot Parklet Program,
which program shall terminate on March 31, 2019. Additionally, no square footage fee as
required by this section shall be required for the operation of sidewalk cafes on
Washington Avenue from 5th Street to Lincoln Road, for the period ending on September
30 2019.
(b) The city manager, in his reasonable discretion and judgment, may suspend or prorate the
annual permit fee in cases of public construction or public emergency situations.
(c) 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 (permit year). If the permit fcc
cxeecdc $2,000.00, the fee may be paid in two semiannual installments, with the first
• ••-- - - - - 0- - -- - - -- - - - - . No permit shall be issued for any
portion of a year, but any person/entity operating a sidewalk cafe for a period beginning after the
commencement date of the full permit year (October 1) may obtain a permit for the remaining
portion of that permit year upon payment of a pro-rated portion of the permit fee calculated from
the first day of the month of issuance of the permit to the end of the permit year. Except as
expressly provided in this division, no refund of the permit fee shall be granted.
(d) Late payments for permit fees shall accrue at the rate of ten percent per annum for the
first 30 days. If the permit fee is not paid within 60 days after it is due, the permit shall
terminate automatically. Any continued operation of a sidewalk cafe after termination of a
permit shall be construed as operating a sidewalk cafe without a valid permit, and the city
manager shall have the right to remove, upon 24 hours' written and/or verbal notice to the
permittee, any and all sidewalk cafe furniture used in connection with the sidewalk cafe.
(e) As provided in Resolution No. 2003 25299, a A review of the annual permit fee will be
required whenever the change in the Consumer Price Index (CPI), between the latest CPI
and the date of the CPI used for the last fee adjustment, is one and a half percent (1.5) five
percent or greater.
* * *
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
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SECTION 3. CODIFICATION.
It is the intention of the City Commission, 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, as
amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 8 day of F. bru qr y , 2017.
Philip Lev' e
Mayor
ATTEST:
.<, % 4 4�, APPROVED AS TO
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Rafael . Granado (i f 7 kr7
City Clerk Vii'' ,OR _
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First Reading: /�� , 2017 `� ,.,
Second Reading: .2/8 2017
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Ordinances - R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 8, 2017
10:10 a.m. Second Reading Public Hearing
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, ENTITLED "PUBLIC
PROPERTY",AT DIVISION V, ENTITLED "SIDEWALK CAFES,"AT SECTION 82-
383, RELATING TO PERMIT FEES AND PENALTIES; TO REQUIRE PRE-
PAYMENT, PRIOR PAYMENT OF THE ANNUAL SIDEWALK CAFE PERMIT FEE;
AND ELIMINATING THE ABILITY TO PAY IN TWO ANNUAL INSTALLMENTS;
AND TO AMEND THE PERMIT FEE, TO BE INCREASED WHEN THE
CONSUMER PRICE INDEX (CPI) INCREASE IS ONE AND A HALF PERCENT
(1.5%) OR MORE, RATHER THAN A CPI INCREASE OF FIVE (5) PERCENT OR
MORE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends approving the Ordinance on Second Reading Public Hearing.
ANALYSIS
The City of Miami Beach is in the process of implementing the EnerGov permitting system. In
addition, staff has reviewed the Sidewalk Café Ordinance for potential modifications to fit the
EnerGov system as well as improving tracking.
The current Sidewalk Café Ordinance (Section 82-383) allows applicants to pay their permit fee
in two semi-annual installments if the fee exceeds $2,000, with the first installment due on
October 1st and the second due on April 1st. This process cannot be accommodated in the
new permit tracking system and has led to increased staff resources to track and bill for the
second installment.
The City's auditor, Crowe Harworth, has reported the manual processing of permits to be in high
risk and presented audit findings related to such practices.
For the current permit cycle, staff will be entering manual invoice amounts to effectuate the
current code provision. Should the Ordinance modification be approved, the elimination of
partial payments would be discontinued in the next permit cycle starting October 1, 2017. This
would provide businesses sufficient time to plan accordingly and modify their business model to
avoid any hardship.
Page 514 of 873
On September 14, 2016, the City Commission referred this item to the Finance and Citywide
Projects Committee for discussion and further direction.
On September 30, 2016, at the Finance and Citywide Projects Committee, the Committee
recommended changing the Ordinance to remove the exemption of allowing partial payment to
all funds being due. Staff was directed to bring back a draft Ordinance to the Commission
reflecting the change.
On January 11, 2017, the Commission discussed the Ordinance change to discontinue the
partial payments. Vice-Mayor Malakoff noted that Section (e) has to do with the ability to review
and adjust the annual permit fee if the CPI increases by 5% or greater. Vice-Mayor Malakoff
recommended that the CPI increased value be reduced to 1.5%. The recommendation was
discussed and the item deferred to incorporate it into the Ordinance version.
On January 25, 2017, the City Commission approved the Ordinance on First Reading, and
made a motion to move the item forward for Second Reading, Public Hearing.
CONCLUSION
The Administration recommends approving the Ordinance on Second Reading Public Hearing.
Legislative Tracking
Public Works
Sponsor
Commissioner Ricky Arriola
ATTACHMENTS:
Description
❑ Ordinance
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