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Home My WebLink About2003-3397 Ordinance ORDINANCE NO. 2003-3397 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 82, ENTITLED "PUBLIC PROPERTY", BY AMENDING ARTICLE IV THEREOF ENTITLED "USES IN PUBLIC RIGHT-OF-WAY", BY AMENDING DIVISION V THEREOF ENTITLED "SIDEWALK CAFES", BY AMENDING SECTION 82-383 ENTITLED "FEE; RENEWAL FEE; PENALTIES FOR LATE PAYMENTS FOR RENEWAL FEE", BY AMENDING SUBSECTION (e) THEREOF TO ABATE SIDEWALK CAFI~ FEES FOR BUSINESSES NORTH OF 63RD STREET, SUBJECT TO A BUDGET ANALYSIS AND TWO YEAR REVIEW BY THE CITY ADMINISTRATION; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Finance and Citywide Projects Committee Meeting held January 15, 2003 recommended the abatement of Sidewalk Caf6 fees for all businesses north of 63rd Street in the City; and WHEREAS, currently the City of Miami Beach does not charge Sidewalk Caf~ fees to businesses situated on state roads; and WHEREAS, businesses located on City owned roads are required to pay Sidewalk Caf~ fees while their competitors directly across the street on state owned road are not required to pay because the City has no jurisdiction over these roadways; and WHEREAS, a potentially inequitable situation exists for businesses located on City owned roads which are directly across the street from state roads; and WHEREAS, it is deemed in the best interest of the City to eliminate this inequitable situation by abating the Sidewalk Caf6 fees for businesses located across the street from state roads, subject to a two year budget analysis and review by the City Administration. NOW THEREFORE IT BE ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Article VI of Chapter 82 of the Miami Beach City Code, "Entitled Permit Fee; Renewal Fee: Penalties for Late Payments for Renewal Fee" subsection (e) is hereby amended as follows: Sec. 82-383. Fee; renewal fee; ~enalties for late payments for renewal fee; exception. ~ ~n~ ~.~u ~ ~. No~thstandin~ any other paragraphs or provisions of this a~icle, Sidewalk Caf~ fees shall not be required for businesses located north of 63rd Street. The abatement of sidewalk caf~ fees for businesses north of 63rd street shall be subject to a two year bud.qet analysis and review by the City Administration. REPEALER All ordinance or parts of ordinance amendment in conflict herewith be and the same are hereby repealed. SEVERABILITY If any section, subsection, clause or provision of this ordinance amendment is held invalid, the remainder shall not be affected by such invalidity. CODIFICATION 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 of reletterred to accomplish such intentions and the word "ordinance" may be changed to "section", "article", or other appropriate word. EFFECTIVE DATE This ordinance shall take effect on the..8th day .o-¢ IV[ar, g~l:{ 2003. A . Passed and adopted this 26th day of February, 20C l/' 'UA 'OR ATTEST: CITY CLERK JMG/PDW/]Im/rs FORU & LAH(aJAd3E &FC)i~~ CITY OF MIAMI BEACH T NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that public hearings wil be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, February 26, 2003, at the times listed below to consider the following on first reading: at 10:15 a.m.: AN ORDINANCE AMENDING MIAMI BEACH CITY CODE ARTICLE III, D V SION 2 ENTITLED "BARRER-F ENVIRONMENT COMMITTEE," SECT ON 2-31(D) THEREOF BY DELETING THE SIX NON-VOTING EX OFFIcIo MEMB:ERIRIR~, ESTABLISHING A BOARD QUORUM OF THREE MEMBERS AND REQUIRING AT LEAST THR· PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE EE VOTES FOR BOARD ACTION, Inquiries may be directed to the Legal Department at (305)673-7470. , , ~ AN ORDINANCE AMENDING MIAM,, BEACH CITY CODE CHAPTER 82 ENTITLED 'PUBLIC PROPERTY,' BY AMENDING V~- ARTICLE iV THEREOF ENTITLED USES IN PUBLIC RIGHT-OF-WAY," BY AMENDING DIVISION V THEREOF ENTITLED "SIDEWALK CAFES,",BY AMENDING SECTION 82-383 ENT TLED "FEE; RENEWAL FEE; PENALTIES FOR LATE PAYMENTS FOR RENEWAL FEE,' BY AMENDING SUBSECTION (E THEREOF TO ABATE I N . ) S DEWALK CAFE FEES FOR BUSINESSES NORTH OF 63RD STREET, PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. inquiries may be directed to the Finance Department at (305) 673-7466. at 10:.25 a.m.: AN ORDINANCE AMENDING THE CODE OF THE CiTY OF MIAMI BEACH, BY AMENDING CHAPTER 12, "ARTS, CULTURE, AND ENTERTAINMENT," ARTICLE II, "SPECIAL EVENTS," BY INSERTING A NEW SECTION 12-6, ENTITLED "PARKING FOR SPECIAL EVENTS," ADOPTING PROCEDURES FOR THE REVIEW AND APPROVAL OF THE USE OF PUBLIC AND PRIVATE PROPERTY NOT SO PERMITTED UNDER EXISTING ZONING TO BE USED AS EMERGENCY PARKING LOTS FOR SPECIAL EVENTS, PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. Inquiries may be directed to the Parking Department at (305) 673-7505. at 10:30 a.m.: AN ORDINANCE AMENDING CHAPTER 70 OF THE MIAMI BEACH CITY CODE ENTITLED "MISCELLANEOUS OFFENSES- ' BY CREATING ARTICLE V THEREOF, TO BE ENTITLED "FALSE CLAIMS ORDINANCE," BY CREATING SECTION 70-300 BE ENTITLED "SHORT TITLE; PURPOSE"; BY CREATING SECTION 70-301 TO BE ENTITLED "DEFINITIONS"; BY CREATING SECTION 70~302 TO BE ENTITLED "CERTIFICATION OF CLAIMS"; BY CREATING SECTION 70-303 TO BE ENTITLED "LIABILITY FOR FALSE CLAIMS; PENALTIES"; 8Y CREATING SECTION 70-304 TO BE ENTITLED "INTERVENTION BY THIRD PARTIES IN CIVIL ACTIONS FOR FALSE CLAIMS"; BY CREATING SECTION 70.305 TO GE ENTITLED "RIGHTS OF PARTIES IN CIVIL ACTIONS; LIMITATION OF ACTIONS"; BY CREATING SECTION 70-306 ENTITLED "AWARDS TO PLAINTIFFS BRINGING ACTION"; BY CREATING SECTION 70-307 TO BE ENTITLED "EXPENSES; ATTORNEY'S FEES AND COSTS"; BY CREAT NG SECTION 70-308 ENTITLED "EXEMPTION.S,,TO CIVIL ACT ONS; BY CREATING SECTION 70-309 TO BE ENTITLED "PROTECT ON FOR PART ClPATING EMPLOYEES BY CREATING SECT ON 70-310 TO BE ENTITLED "BURDEN OF PROOF PRESUMPTION OF FALSE CLA MS"; BY CREAT NG SECTION 70-311 TO BE ENTITLED "INNOCENT CLAIMANT AFFIRMATIVE DEFENSE"; BY CREATING SECTION 70-312 TO BE ENTITLED "CONSTRUCTION AND SEVERABILITY OF PROVISIONS"; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE inquiries may be directed to the Lega Department at (305) 673-7470. ALL INTERESTED PARTIES are invited to appear at this meeting or be represented by an agent, or to express their vj~',S in writing addressed to the City Corem ssion, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City herel~y advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and' evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding, or to request information on access for persons with disabilities, or to request this publication In accessible format, or to request sign language interpreters, should contact the City Clerk's office at (305) 673-7411, no later than four days prior to the proceeding, ff hearing impaired, contact the City Glerk's office via the Florida Relay Service numbers, (800) 955-8771 (TTY) or (800) 955-8770 (VOICE). (Ad #0157) CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: An ordinance of the Mayor and City Commission of the City of Miami Beach, Florida amending sidewalk cafb Ordnance sect on 82-383 (e) entitled "Fees" of the Miami Beach City code. Issue: IAmending the Sidewalk Cafe Ordinance, effective October 1, 2002, to waive sidewalk caf~ fees for businesses north of 63~d Street and annually review the waiver at budget time. This will create more equitable competition and stimulate business for Sidewalk Cafbs in the North Beach area. Item Summary/Recommendation: Miami Beach City Code Chapter 82 authorizes the city to charge restaurants with sidewalk cafes $150.00 annual permit fee and a fee of $10.00 per square foot per annum for the caf~ area. The City does not charge Sidewalk Cafb Fees for businesses situated on state roads because they are outside its jurisdiction. This has created a competitive disadvantage for sidewalk cafbs on city streets in the North Beach area. The Administration recommends that the City Commission adopt the ordinance. Advisory Board Recommendation: On January 15, 2003, the Finance and Citywide Projects Committee recommended that the City of Miami Beach waive Sidewalk Cafb Fees for all businesses north of 63~d street and annually review this waiver at bud~let time. Financial Information: Additional Revenue Projection Source of Amount Account Approved Fu h"~s: ~,~ 1 ($6,500.00) 011-8000-322163 3 4 Finance Dept. Total ($6,500.00) City Clerk's Office Legislative Tracking: I Patricia Walker Sign-Offs: ~.~ I Department Director Manager City Manager F:\fina\UTB~$ALL~.IORGE\WORD\WAIVE SIDE WALK CAFE FEE SUMM..doc CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 w'~,w, ci .miami-beach .fl .us COMMISSION MEMORANDUM To: From: Subject: Mayor David Dermer and Members of the City Commission Date: February26, 2003 Jorge M. Gonzalez _ .~ Second Reading City Manager 1¢./.~ Public Hearing AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 82, ENTITLED "PUBLIC PROPERTY", BY AMENDING ARTICLE IV THEREOF ENTITLED "USES IN PUBLIC RIGHT-OF-WAY", BYAMENDING DIVISION V THEREOF ENTITLED "SIDEWALK CAFES", BY AMENDING SECTION 82-383 ENTITLED "FEE; RENEWAL FEE; PENALTIES FOR LATE PAYMENTS FOR RENEWAL FEE", BY AMENDING SUBSECTION (e) THEREOF TO ABATE SIDEWALK CAFI5 FEES FOR BUSINESSES NORTH OF 63RD STREET; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION: Adopt the Ordinance. ANALYSIS: Miami Beach City Code Chapter 82 authorizes the city to charge restaurants with sidewalk cafbs $150.00 annual permit fee and a fee of $10.00 per square foot per annum for the caf~ area. The City does not charge Sidewalk Caf~ Fees for businesses situated on state roads because they are outside its jurisdiction. This has created a competitive disadvantage for sidewalk cafes on city streets in the North Beach area. Previously, sidewalk cafb fees were abated during the North Shore construction project and for a year after completion as an economic development measure. On January 15, 2003, the Finance and Citywide Projects Committee met to discuss this issue. The Committee recommended that the City of Miami Beach waive sidewalk caf~ fees for all businesses north of 63rd Street and annually review this waiver at budget time. This will create more equitable competition and stimulate business for sidewalk cafes in the North Beach Area. JMGIPDW Ijlmlrs nce waive sidewalk cafes 2.doc