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Ordinance 97-3099ORDINANCE 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 REPEALER All ordinance or parts of ordinance in conflict herewith be and the same are hereby repealed. 14 SECTION 3.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 3lstday of Octobe,r1997, PASSED AND ADOPTED this 21st day of October 97. ATTEST: Z(1,A-14.--- ()GM c,Cw— CITY CLERK 1st reading 9/24/97 2nd reading 10/21/97 MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION /0/i7 Date CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER COMMISSION MEMORANDUM NO. �� 97 TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 TO: Mayor Seymour Gelber and DATE: October 21, 1997 Members of the City Commission FROM: Jose Garcia -Pedrosa City Manager SUBJECT: Second Reading and Public Hearing- an Ordinance of the Mayor and y Clty 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. ADMINISTRATIVE RECOMMENDATION: The Administration recommends that the City Commission. upon holding a public hearing, adopt the proposed amendment on second reading. ANALYSIS: The Sidewalk Cafe Ordinance Number 92-2808 permits the City to charge restaurants with cafes a $150 annual permit fee and a fee of $10.00 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 S8.00 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 Is Date CONCLUSION The Administration recommends that the Mayor and the City Commission approve the ordin1nce on second reading after a public hearing. J /r:BC:cp F 1FINA • 1WPWIN60115571CITYCOMM16USLIC2 WPD 9 czi • P4 0 • 0 •- • b • 3a 00 N UD 0 3a •i N 1J 37-3 y ro