2017-4144 Ordinance ORDINANCE NO. 2017-4144
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE,
ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV, "USES IN
PUBLIC RIGHTS-OF-WAY," DIVISION 5, "SIDEWALK CAFES," SUBDIVISION
II, "PERMIT," SECTION 82-383 THEREOF, ENTITLED "PERMIT FEE;
PENALTIES FOR LATE PAYMENT; REVIEW OF FEE; EXCEPTION," TO
ABATE SIDEWALK CAFE FEES FOR BUSINESSES LOCATED NORTH OF
63RD STREET, FROM THE EFFECTIVE DATE OF THIS ORDINANCE
THROUGH AND INCLUDING SEPTEMBER 30, 2019; PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, Chapter 82 of the City Code authorizes the City to collect the following fees
to operate a sidewalk cafe on a public right-of-way: an annual permit fee of$150.00, plus $20.00
per square foot of the sidewalk cafe area; and
WHEREAS, in prior years, and pursuant to Ordinance Nos. 98-3146, 2000-3237, 2003-
3397, and 2013-3824, the City Commission has waived or abated square footage fees for
sidewalk cafes in the North Beach area of the City; and
WHEREAS, most recently, on October 14, 2015, the City Commission adopted
Ordinance No. 2015-3968, abating square footage fees for sidewalk cafes located north of 63rd
Street for a two-year period ending on September 30, 2017; and
WHEREAS, the City Commission desires to encourage continued economic
development in the North Beach area by extending the sidewalk cafe square footage fee
abatement provision for an additional two years through and including September 30, 2019; and
WHEREAS, presently, there are twelve (12) restaurants located north of 63rd Street with
sidewalk cafes. The total footprint of such sidewalk cafes is equal to 2,902 square feet.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 82-383, of Chapter 82 of the Miami Beach City Code 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. 82-383. - Permit fee; penalties for late payment; review of fee; exception.
(a) The annual permit fee for operation of a sidewalk café 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
2019. The abatement of sidewalk café 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 2019. 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.
* * *
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4. 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 a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on October 1, 2017.
PASSED and ADOPTED this /1 dayof ('t/ b-e( , A. 7.
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City Attorney Date
Ordinances - R5 I
M I AAA I BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 18, 2017
10:40 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 OF THE CITY CODE,
ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV, "USES IN PUBLIC
RIGHTS-OF-WAY," DIVISION 5, "SIDEWALK CAFES," SUBDIVISION II, "PERMIT,"
SECTION 82-383 THEREOF, ENTITLED "PERMIT FEE; PENALTIES FOR LATE
PAYMENT; REVIEW OF FEE; EXCEPTION," TO ABATE SIDEWALK CAFE FEES
FOR BUSINESSES LOCATED NORTH OF 63RD STREET, FROM THE
EFFECTIVE DATE OF THIS ORDINANCE THROUGH AND INCLUDING
SEPTEMBER 30, 2019; PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends approving the Ordinance.
ANALYSIS
The Miami Beach City Code Chapter 82 authorizes the City to charge restaurants with sidewalk
cafés a $150.00 annual permit fee, plus $20.00 per square foot for the café area.
In 1998, pursuant to Ordinance No. 98-3146, sidewalk café fees were abated during the North Shore
construction project and for a year after completion as an economic development measure. Pursuant
to Ordinance No. 2000-3237 adopted on April 12, 2000, the City Commission extended the fee
waiver provisions to September 30, 2001.
On February 26, 2003, the City Commission adopted Ordinance No. 2003-3397 which reinstated the
fee waiver provisions subject to a two year budget analysis and review by the Administration. Later
that same year, the City Commission adopted Ordinance No. 2003-3423 on July 30, 2003 repealing
the Sidewalk Café fee abatement provisions.
At its July 19, 2013 meeting, the City Commission heard Item R9P, "A Discussion To Immediately
Reinstate The Fee Waiver For Sidewalk Cafes In North Beach" and approved a referral to the
Finance and Citywide Projects Committee (FCWPC). In addition, the Commission requested that a
new fee abatement program be established for the square footage fee on sidewalk café permits
issued for locations north of 63rd Street.
At its September 19, 2013, the FCWPC Committee recommended that the sidewalk café fees be
waived. At its October 2013 meeting, the City Commission adopted Ordinance No. 2013-3824 which
waived square footage fees for sidewalk cafes north of 63rd Street.
Page 510 of 1633
At its September 10, 2015 meeting, the City Commission read the Ordinance title into the record and
recommended moving forward with a Second Reading Public Hearing. Ordinance 2015-3968
extending the fee waiver until September 30, 2017 was adopted by the City Commission following
the public hearing on October 14, 2015.
The attached Ordinance extends the fee waiver for an additional two (2) years to September 30,
2019. Presently, north of 63rd Street, there are twelve (12) restaurants with sidewalk cafes with a
total footprint of 2,902 square feet.
At its September 13, 2017 meeting the City Commission read the Ordinance title into the record and
recommended moving forward with a Second Reading Public Hearing.
CONCLUSION
The Administration recommends approving the Ordinance on Second Reading Public Hearing
Legislative Tracking
Public Works
Sponsor
Vice-Mayor Ricky Arriola
ATTACHMENTS:
Description
a form approved ordinance
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