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Ordinance 98-3146 ORDINANCE NO. 98-3146 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE MIAMI BEACH CITY CODE, ENTITLED "SIDEWALK CAFES" AMENDING SUBSECTIONS 82-383, ENTITLED "FEE; RENEWAL FEE; PENALTIES FOR LATE PAYMENTS FOR RENEWAL FEE" BY ADDING A ONE (1) YEAR EXEMPTION FOR SQUARE FOOTAGE FEES FOR SIDEWALK CAFES LOCATED ON 71ST STREET, NORMANDY DRIVE, NORMANDY FOUNTAIN CIRCLE AND/OR OCEAN TERRACE; 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 82-383 of Miami Beach City Code Chapter 82, entitled "Fee, renewal fee; penalties for late payments for renewal fee" is hereby amended as follows: (e) Notwithstanding any other paragraph or provision of this Article. no square footage fee as required by this Section shall be required for operation of Sidewalk Cafes on 71st Street. Normandy Drive, Normandy Fountain Circle and/or Ocean Terrace for the period of time between October 1. 1998, thru September 30. 1999. However, a permit must still be obtained and the $150.00 base application fee required by Section 82-382(b) shall be paid. 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 REPEALER All ordinance or parts of ordinance in conflict herewith be and the same are hereby repealed.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 3lstday ofoctober1998. PASSED AND ADOPTED this 21st day of October , 1998. w4 MAYOR ATTEST: APPROVED AS TO ?(TAtiFORM & LANGUAGE C r✓�/l & FOR EXECUTION CITY CLERK /6-- . l �. 7at 1st reading 10/7/98 • � City Attorney Date 2nd reading 10/21/98 ; ITY OF MIAMI BEACH TY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 :p:\\ci.m iam i-beach.fl.us COMMISSION MEMORANDUM NO. '709-98 TO: Mayor Nelsen O. Kasdin and DATE: October 21, 1998 Members of the City Commission FROM: Sergio Rodriguez 1 City Manager 4 SUBJECT: AN ORDIi'A1 "CE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE MIAMI BEACH CITY CODE, ENTITLED "SIDEWALK CAFES" AMENDING SUBSECTIONS 82-383, ENTITLED "FEE; RENEWAL FEE; PENALTIES FOR LATE PAYMENTS FOR RENEWAL FEE" BY ADDING A ONE (1) YEAR EXEMPTION FOR SQUARE FOOTAGE FEES FOR SIDEWALK CAFES LOCATED ON 71ST STREET,NORMANDY DRIVE, NORMANDY FOUNTAIN CIRCLE AND/OR OCEAN TERRACE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATIVE RECOMMENDATION: Adopt the Ordinance. BACKGROUND: Miami Beach City Code Chapter 82 authorizes the City to charge restaurants with sidewalk cafes a$150.00 annual permit fee and a fee of$10.00 per square foot per annum for the cafe area. At their September 23, 1998 meeting, the City Commission requested that a moratorium be established for one(1) year beginning October 1, 1998 for the square footage fee on Sidewalk Cafe permits issued for locations on 71st Street,Normandy Drive,Normandy Fountain Circle and/or Ocean Terrace by adding Section 82-383 (e). The Ordinance was approved on first reading by the City Commission on October 7, 1998. ANALYSIS: There are currently no Sidewalk Cafes in this area. This moratorium on fees may stimulate the introduction of cafes in this area. The permit fee has been maintained to be consistent with the prior moratorium on fees for the Lincoln Road area during fiscal year 96/97 and for compliance purposes. AGENDA ITEM R S P\ DATE 10-2I-9 CONCLUSION The City Commission should adopt the ordinances in order to establish a moratorium for one (1) year beginning October 1, 1998 for the square footage fee for the sidewalk cafes on 71st Street, Normandy Drive,Normandy Fountain Circle and/or Ocean Terrace. SR:EDW:,G jlm ..0/0 • A:\SIDEMOR2.WPDSIDEMOR2.WPD k k .7 \ cs / : o 3 en u § 2 $ ° m G m U 2 ° § © ° / 00 m W / 0 b g rn as 7:i cu _ - § 00 ct- 2 t q 4 / 0 o - ) 4 § cy ._ © • > D d / 7 / / cl. § Uc U 1 k & ; § c9 q k ° u \ ct - u o u 7 ° ° � � 0 . O .5 4 -7:1 \ / .q / k '� - 0 § © © S ± % \ '0 78 z '- % % 0 _ 0 E o <C / U W . w w a U