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Resolution 2019-31058 RESOLUTION NO. 2019-31058 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS AND THE FINAL REPORT OF THE MAYOR'S PANEL ON OCEAN DRIVE. WHEREAS, with its oceanfront location, architectural significance, and global brand identity, Ocean Drive is a cultural landmark and the City's commercial center; and WHEREAS, on October 30, 2018, Mayor Dan Gelber formed the Mayor's Panel on Ocean Drive (the "Panel"), in order to study and address concerns regarding certain challenging and problematic conditions which are prevalent on Ocean Drive, Lummus Park and the Mixed-Use Entertainment("MXE")district, and to propose specific remedial measures to improve the resident and visitor experience in such areas; and WHEREAS, the Panel consisted of fifteen (15) members, split amongst two (2) distinct subcommittees: the Safety, Security and Infrastructure ("SSI") subcommittee; and the Business and Culture ("BCP") subcommittee; and WHEREAS, throughout the ensuing year, the SSI and BCP subcommittees regularly convened to formulate recommendations concerning five (5) areas of interest: marketing and brand identity, visitor experience, general security recommendations, infrastructure improvements, and cost benefit analysis; and WHEREAS, throughout the Panel's tenure, the subcommittees adopted various motions proposing specific action items for implementation by the City Commission, which were aimed at the City's marketing and branding strategy, enhancement of infrastructure, and the strengthening of legal and regulatory mechanisms; and WHEREAS, the Panel prepared a final report, which details the Panel's recommendations and proposed action items, and provides the status of those action items already commenced including, but not limited to, implementation of stricter sidewalk café regulations, introduction of a secret shopper program, and engagement of consultants to plan infrastructure improvements; and WHEREAS, at the October 16, 2019 meeting of the City Commission,the Panel presented its final report, incorporated herein by reference and attached hereto as Attachment "A," and encouraged the City Commission to continue supporting the recommendations and initiatives contained therein. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendations and the final report of the Mayor's Panel on Ocean Drive. PASSED and ADOPTED THIS 4, day of a be 2019. ATTEST:' 9d Dan Ge er, Mayor •';DASTO LL! I - ORM ; NGUAGE Rafael E. Granado, City Clerk 44 XECUTION ity Attorney at 10/18/2019 Covers heet New Business and Commission Requests-R9 K MIAMI BEACH • COMMISSION MEMORANDUM • TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: October 16,2019 SUBJECT: DISCUSSION ON THE MAYOR'S PANEL ON OCEAN DRIVE FINAL REPORT. RECOMMENDATION The panel is providing a complete report of the recommendations made to date.A vast majority of the recommendations have been heard before the Commission and have resulted in actionable items for the administration. The remaining recommendations require additional time and/or support by the Commission. BACKGROUND/HISTORY On October 30, 2018, at the direction of Mayor Dan Gelber, the Mayor's Ocean Drive Panel"Panel"was formed.The Panel consisted of 14 members and was divided into two subcommittees, Safety, Security and Infrastructure"SSI"and Business and Culture Practices"BCP". The purpose of the Panels was t study and make recommendations as to how to improve the experience for residents and citizens on Ocean Drive, between 5th and 15th streets.The Panel was tasked with providing,alongside a final report,ongoing recommendations. ANALYSIS Ocean Drive with a unique, historic, and highly significant architecture, has a global brand identity and represents the most iconic promenade in Miami Beach. The Mayor's Panel on Ocean Drive has discussed the continuing concerns regarding the conditions on Ocean Drive, Lummus Park and on adjacent streets in the MXE. Through the meetings that occurred throughout the course of 2019, actionable recommendations have been made and they encourage the Commission to continue supporting the initiatives and recommendations reported. CONCLUSION The Administration continues working through the panel's outstanding recommendations as detailed in the report. Applicable Area South Beach Is this a Resident Right to Does this item utilize G.O. Know item? Bond Funds? No No Strategic Connection Prosperity-Market and promote Miami Beach as a world class arts, culture, and quality entertainment destination. Legislative Tracking Office of the City Manager Sponsor Mayor Dan Gelber ATTACHMENTS: Description © Memorandum and Attachments • https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=14886&MeetinglD=683 1/1 10/14/2019 item Coversheet • New Business and Cornnitssigaltegyests•i�9{� COMMIS 1/ON MEMORANDUM TO: Honorable Mayor and Members of the ity Commissl. FROM: Jimmy L.Morales,City Manager „\ DATE: October 16,2019 SUBJECT:DISCUSSION ON THE MAYOR'S PAN=; ON OCEAN DRIVE FINAL REPORT, RECOMMENDA.TiON The panel is providing a complete report of the recommendations made to date.A vast majority of the recommendations have been heard before the Commission and have resulted in actionable items for the administration. The remaining recommendations require additional time and/or support by the Commission. BACKGROUND/HISTORY On October 30,2018,at the direction of Mayor Dan Gelber,the Mayor's Ocean Drive Panel"Panel"was formed.The Panel consisted of 14 members and was divided into two subcommittees,Safety,Security and infrastructure"SSI"and Business and Culture Practices"BCP". The purpose of the Panels wast study and make recommendations as to how to improve the experience for residents and citizens on Ocean Drive, between 5th and 15th streets:The Panel was tasked with providing,alongside a final report,ongoing recommendations. ANALYSIS Ocean Drive with a unique, historic, and highly significant architecture, has a global brand identity and represents the most iconic promenade in Miami Beach. The Mayor's Panel on Ocean Drive has discussed the continuing concerns regarding the conditions on Ocean Drive, Lummus Park and on adjacent streets in the MXE. Through the meetings that occurred throughout the course of 2019,actionable recommendations have been made and they encourage the Commission to continue supporting the initiatives and recommendations reported. CONCLUSION The Administration continues working through the panel's outstanding recommendations as detailed in the report. Applicable Area South Beach Is this a Resident Right to Does this item utilizeG.O. Know item? Bond Funds?. No No Strategic Connectigq„ • Prosperity-Market and promote Miami Beach as a world class arts,culture,and quality entertainment destination. Legislative Track,igg Office of the City Manager op nsor Mayor Dan Gelber • https://miamibeach.novusagenda,com/ggendaWeb/CoverSheetaspx?itemlD=14886 1/1 On October 30th, 2018 Mayor Dan Gelber created the Mayor's Panel on Ocean Drive. • The Panel consisted of 15 members which was split into two subcommittees in order to provide targeted conversations; the Safety, Security and Infrastructure("SSI") and the Business and Culture ("BCP") subcommittees. Throughout the course of the following year, the two groups met and provided recommendations as they pertained to their respective areas. Mayor Gelber tasked the Panel with providing actionable recommendations whenever possible. Actionable recommendations, when necessary, were presented to full Commission and directed to staff for execution. This report details the recommendations made by the Panel and the status of items already commenced by staff. PANEL MISSION The Mayor's Panel on Ocean Drive ("Panel") was created pursuant to the Mayor's • authority to establish Mayor's boards or committees under Section 2-27(b)(2) of the City Code. The purpose of the Panel was to study and make recommendations as to how to improve the experience for residents and visitors on Ocean Drive, between 5th and 15th . Streets. PANEL MEMBERS 1. Commissioner Ricky Arriola, BCP 9. Ricardo Dopico, SSI • 2. Commissioner Mark SamuelIan, SSI 10. Jo Manning, SSI • 3. Jonathan Plutzik, BCP 11. Jen Roberts, BCP 4. Jonathan Freidin, SSI 12. Jerry Schwartz, SSI 5. Frank Amadeo, BCP 13. Frank Ferrara, SSI 6. John Deutzman, SSI 14. Dawn McCall, BCP 7. Jeff Feldman, SSI 15. Gregory Branch, SSI 8. Britta Hanson, BCP PANEL RECOMMENDATIONS. 1. Marketing and Brand Identity The Panel recognizes that the key to enhancing the visitor experience on Ocean Drive is a clear brand identity. Ocean Drive and the city of Miami Beach is many things to many people. The Panel expressed that the city is no longer just fun in the sun and encourages the rebranding of Ocean Drive. In order to accomplish the Panel recommends: I. An offsite public meeting to discuss the city's brand and to hire an outside facilitator to guide the meeting. NOTE:An RFLI hit the streets September 27th and will close October lath. II. The Commission support funding for above mentioned workshop. Ill. Retired lifeguard stands used as a photo opportunity, within Lummus park, 1 have a city logo on all Four sides to take advantage of city branding. NOTE:Completed 2. Visitor Experience The Panel, members of the community and the Commission have expressed concern over the visitor experience on Ocean Drive. Members sought to identify the root cause of the dissatisfaction and identified the following causes and has provided recommendations for their resolution: I. Deceptive Business Practices Deceptive business practices by the sidewalk café operators negatively impact the city as a whole and do not represent the standards the city desires to reflect for its visitors. Addressing the poor behavior of these operators is paramount to changing the perception and climate of Ocean Drive. To accomplish, the Panel recommends: i. City of Miami Beach to have zero tolerance for any deceptive business practices, i.e. bait and switch, and support the administration, after thoroughly and fairly investigating, imposing the strictest enforcement and penalties. ii. The administration and Commission address signage on the sidewalk that reference misleading offers. NOTE: City Commission passed the ability to have a Special Board on the City of Right of Way. iii. An increase and acceleration in penalties for fraudulent behavior. • NOTE: City Commission passed the revisions to Sidewalk Café Ordiances, creating the"Code of Condcuf"T. This should be strongly and consistently enforced. iv. The city utilize a Secret Shopper Program and establish a rating system that displays their findings and/or results. Additionally, the program should be utilized as an investigative tool for enforcement. NOTE:Staff is developi, g„a secret shopper program to be utilized on Ocean Drive. Findings of the h Wipers will be proyided to C, dc�,;�e Coripfiance for further investlggfio, ;,,, v. As part of the sidewalk café application and renewal process, operators should sign an affidavit acknowledging adherence of all laws and that the I Attachment A • permit is a privilege and not a right. . • NOTE:Staff has been directed to work with City Attorney's Office in revising the language on the existing.afj gvi, sjanecilvky Sidewalk Café applicants. vi. Further evaluation of the sidewalk café ordinance to ensure that receipts provide clarity and transparency for all fees charged. vii. Revising the Sidewalk Café Ordinance, removing fhe allowance of one (1) special board per 50 ft. Allowing for only one (1) menu board per 50 ft. consistent with the existing ordinance for sidewalk café menus. NOTE: City Commission passed the ability to have,,a Special Board on the • City of Right of Way. • viii. Address consumer fraud and identify opportunities to reduce occurrences by speaking to the State Attorney General's Office for guidance and support. NOTE: Staff has been working with the Attorney General's Office to provide guidance on items of concerns as they arise. ix. Provide a directive to require customized training for Ocean Drive hospitality industry. II. Lighting Enhancements Lighting can both serve as a crime deterrent and provide for an enhanced ambience. The Panel recognize the delicate balance of ensuring the safety of wildlife and the community and encourages the commission to: I. Engage a consultant to develop a lighting plan for Lummus Park that addresses safety concerns, replacing police lighting towers where available, and provide for aesthetic enhancements. Moreover, an improved lighting plan for safety should be addressed prior to the Super Bowl. ii. Advocate finding fhe appropriate funding sources for lighting in Lummus • Park, with a temporary installation prior to October, to be installed no later than 10/15 to run through season on a temporary permit. iii. Identify a consultant to provide recommendations on a design. III. Messaging The Panel determined that clear messaging was essential to the visitor experience and the providing for such will allow for clarity on what visitors can expect form the city and operators. In order to enhance messaging opportunities, the Panel recommends: • • i. Support a pilot "How are we doing" campaign, at bcean Drive establishments,. with a technological solution for capturing feedback. Requiring data collected to be used by the City Manager as part of his approval of a sidewalk café permit. Additionally, language on the campaign's reporting methods should be required on all receipts. NOTE: Staff has been directed. to evaluate an electronic means for submitting patron feedback. ii. To explore positive messaging, programming and attractions in MXE. iii. Encourage the city leadership to engage an outside PR firm to engage in positive messaging year-round and A crisis PR firm to contrast negative messaging when it happens. 3. General Security Recommendations Ocean Drive and Lummus park, due to its fame, history and ambience has security concerns, like other highly visited tourists' destinations, in order to enhance security for those who live and visit, the Panel recommends: I. The Commission should send a strong message that bad behavior will not be tolerated and encourage Police to undertake a stronger and more consistent enforcement of open container laws, marijuana laws, underage drinking, noise, and quality of life issues, all year long. II. The commission make illegal vendors conducting business on the public right of way an arrestable municipal violation. NOTE:Completed 111. Encouraging the Police Department to engage with II Villaggio and other condos and businesses that they determine would provide an optimal. placement for additional cameras. IV. Directing the administration to reflect on spring break and identify tools, policies and resources that could be utilized on an ongoing basis and for following high impact periods. V. For the City Attorney's Office to explore the ability to close, for a longer duration, an establishment that is shutdown and/or has been violated for overcrowding. • VI. Supporting the enforcement of securing furniture in sidewalk cafes. NOTE: at the 9/25/2079 NCAC meeting, the concept was supported, and staff was directed to work with the City Attorney's Office to present an item for first reading in December.„, • VII. Explore camera signage that can act as a deterrence and review comparable cites that utilize similar signage. i. Re-establish and maintain the Off-Duty program, and provide for a 90-day review of the program to maximize efficiency and productivity. 4. Infrastructure improvements Ocean Drive is a heavily traversed and visited thoroughfare. In order to ensure that the visitor experience is safe and enjoyable the Panel recommends the following: I. Identifying an alternative solution for the seating on the Lummus Park sign without altering the structure itself,if said alteration would damage the sign. II, Promptly commencing infrastructure improvements which are necessary for the installation of temporary lighting. III. Exploring the development of (a) an enhanced pedestrian experience along Ocean Drive; (b) implementing the permanent southbound only movement of traffic and a "flexible"street when full or partial closures are needed; (c) incorporating bollards or other visual boundaries; (d) removal of eastern parking and possible creation of centralized valet; (e) the expansion of the western sidewalk; and (f) the possible reduction of the width of the eastern sidewalk, while maintaining and preserving the greenspace within Lummus Park. Additionally, to support the Commission providing funding for impact and design studies for said development. NOTE: The City,,,Coymmiss on_ directe , the administration to. work with consultants to develop design recommendations. Staff is workin with consultants for an Economic andTrans, arfdtion study of MXE which will include recommendations for Ocean Drive. S. Benefit Cost Analysis Finally, The Panel recommends that the Commission evaluate'the feasibility of the Ocean Drive business model. The Panel encourages assessing the costs of services rendered and revenues obtained by the businesses in the district to aid the Commission in their future decisions that impact the districts business model. I. Direct the administration to update the revenue and expenditure report for the MXE and to identify opportunities to improve the financial picture. NOTE: Staff is working with Lambert Consulting to provide an updated assessment of cost and revenues for the MXE and CD2,JOcean Drive, Collins and.Washington Avenues],which will be aviable uogacompletion this fall. Attachment A ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING PORTIONS OF THE CITY'S SIDEWALK CAFE ORDINANCE, AS CODIFIED IN SECTIONS 82-366 THROUGH 82-388 OF THE CITY CODE; SUCH AMENDMENTS PROVIDING, IN PART, FOR THE CREATION OF A NEW SECTION, 82- • 389, ENTITLED "SIDEWALK CAFE CODE OF CONDUCT," WHICH SECTION CONTAINS CERTAIN TERMS AND CONDITIONS FOR COMPLIANCE WITH A SIDEWALK CAFE PERMIT THAT WOULD BE SUBJECT TO ENHANCED PENALTIES FOR VIOLATION, (WHICH • • PENALTIES ARE SET FORTH IN SECTION 82-371(b)); FURTHER • AMENDING THE SIDEWALK CAFE PERMIT APPLICATION REQUIREMENTS BY REQUIRING PERMITTEES TO EXECUTE AN • AFFIDAVIT EVIDENCING RECEIPT OF THE CODE OF CONDUCT, AND PERMITTEES' AGREEMENT TO BE BOUND BY SAME; AND • PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND • AN EFFECTIVE DATE. • WHEREAS, the City of Miami Beach permits the operation of sidewalk cafés on designated areas of its public property and right of ways,finding that such amenities provide a unique experience and environment for the City's residents and visitors to relax and enjoy the • consumption of food and/or beverage(s) in the City's unique, vibrant,tropical atmosphere; and WHEREAS, however, in order to ensure that sidewalk cafés in the City are operated and maintained at the highest levels of quality and service, befitting an internationally renowned, world class retort destination like the City of Miami Beach, the permitting, operation, and maintenance of sidewalk cafes on public property are governed by the City's Sidewalk Café Ordinance, which is codified in Sections 82-366 through 82-389 of the City Code; and WHEREAS, the City's Sidewalk Cafe Ordinance is periodically reviewed and updated to ensure that the City's sidewalk cafés continue to operate at the highest possible standards (again, commensurate with those standards expected by residents and visitors to a world class destination like Miami Beach);and WHEREAS, the City Administration undergoes an annual review of applications for sidewalk café permits (including renewals thereof) and, In its sole discretion, determines whether such applications shall be approved for a sidewalk café permit to be issued; and WHEREAS, if approved, sidewalk café permits are issued annually for a one year period, from October 1st to September 30th; and • WHEREAS, a sidewalk café permit is a privilege and not a right, and the approval, issuance and continued operation of a permitted sidewalk café is conditional at all times; and WHEREAS, because the City has found that aesthetically pleasing and properly operated and maintained sidewalk cafés can serve to enhance and complement residents and visitors'experience and enjoyment of the City's historic(and other recognized commercial and entertainment) districts/neighborhoods, the City's sidewalk café permit fees (that is, the fee charged to private business establishments/restaurants for the privilege of operating and maintaining a sidewalk café on the City's public right of ways) have always been at a rate substantially less than fair market value for such space; and WHEREAS, the City Commission has also found that the highest possible standards, criteria, and conditions pertaining to the operation of sidewalk cafés are critical, not only toward maintaining excellent levels of quality and service, but (among other things) to: (i) preserve the aesthetic character of the City's right of ways by helping to diminish the proliferation of unsightly food displays, street furniture, signage and other visual and physical clutter; (ii) reduce potential nuisances including, without limitation, excessively loud music; hawking from restaurant/sidewalk café operators and their employees to passing pedestrians and overcrowding of the right of way; and (iii) aid in the prevention of deceptive, misleading, or bait and switch tactics by sidewalk café operators; WHEREAS, as part of its periodic, continous review of the Sidewalk Café Ordinance and, specifically, in continuing to find new and innovative ways to maintain the level of excellence that the City expects from sidewalk cafes on public property, the Mayor and City Commission desire to adopt and implement a Sidewalk Café Code of Conduct, which shall govern various critical aspects of those permitted sidewalk café operations in the City, and, accordingly, provide enhanced penalties for violation of such provisions; and WHEREAS, every sidewalk café permit applicant will be legally required to execute and remit to the City a Sidewalk Café Code of Conduct Affidavit with its application, as a condition precedent to the City's undertaking the review and (if approved) the issuance of any sidewalk café permit, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AS FOLLOWS: SECTION That those Sections of the City's Sidewalk Café Ordinance, as such Ordinance is • codified in Sections 82-366 through 82-389 of the City Code, be amended as follows and as hereinafter set forth below: CHAPTER 82 PUBLIC PROPERTY * * * ARTICLE IV. USES IN PUBLIC RIGHTS-OF-WAY * * * • DIVISION 5.SIDEWALK CAFES * * * SUBDIVISION I.Generally 2 Sec. 82-366. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City manager means the city manager or the city manager's designee. Co mercial handbill m=ans a handbill intended • ••• '•: •it 1r- .. -. •1 II .• I 1.,to •romot'••_o e advertisi•e an food bevera•a •roduct or service . • • • •rovided by a sidewalk café or a sidewalk cafe operator. Code compliance officer means the code compliance officers, fire inspectors, or any other authorized agent or employee of the city whose duty it is to assure code compliance. Expanded polystyrene means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead foam), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene). Expanded polystyrene food service articles means plates, bowls, cups, containers, lids, trays, coolers, ice chests, and all similar articles that consist of expanded polystyrene. Handbillmeans any menu, coupon, flyer, paer p , document, docer c dircular, folder, bookiet, letter,card, pamphlet, sheet, postal, sticker, banner, notice or other written, printed or painted • r , matter oobject provided b a sidewalk cafe or a sidewalk cafe operator. Menu board means a board allowing for the posting of a restaurant's complete menu., and fabricated in such a manner so as not to constitute a form of general advertising or establishment identification. The location, size, design, materials, and color of the menu board shall be approved by the city manager.and shown on the sidewalk cafe site plan (as herein defined in Sec ion 82-382(b)(6) hereof). Menu boards shall be no larger than six square feet; may not be internally illuminated; and the top of the board shall not exceed five feet, six Inches from grade. The menu board shall not be a sandwich board sign (as defined herein) or a specials board (as defined herein). Permittee means the recipient of a sidewalk cafe permitwhich shall at all times be_subject to and condi Toned u on erm'ttee's compliance and adherence to mer the terms and provisions of this division. Polystyrene means a thermoplastic polymer or copolymer comprised of at least 80 percent styrene or paramethyistyrene by weight. Restaurant for purposes of this division only, means a food service establishment that is maintained and operated as a place where food and/or beverages are prepared and/or served and sold for consumption within the premises, or a business establishment which has, as an ancillary or secondary use, a part thereof where food and/or beverages are prepared and/or served and sold for consumption within the premises. No sidewalk cafe permit shall be issued to • a restaurant whose occupational license or certificate of use is limited to take-out service and does not have inside seating. Right-of-way means land in which the sState, the stFlorida dDepartment . of tTransportation, the Miami-Dade °County,or the city owns the fee or has an easement devoted to or required for use as a transportation facility or street. 3 Sandwich board sign means a freestanding, A-frame structure located on a sidewalk or street which may be affixed in position or Is collapsible and which contains a sign (as defined in section 114-1 hereof). The sandwich board sign shall not be a menu board (as defined herein) or a specials board (as defined herein). Sidewalk means that portion of the right-of-way which is located between the curb line or the lateral tine of a street and the adjacent property tine, and which is intended for use by pedestrians; provided that on Lincoln Road Mall, a sidewalk shall mean a right-of-way as defined in this section, but shall only refer to that area between the property line and the centerline of the right-of-way, exclusive of landscaped areas and a 12-foot-wide clear path for emergency and maintenance vehicular access. Sidewalk cafe means a use, approved and permitted bathe City pursuant to this division, which is further subiect to and conditioned u.on corn silence and adherence to the terms and provisions of this division. Sidewalk cafes shall be locatedon a sidewalk or right-of-way;whish ismust be associated with a restaurant and kora primarily characterized by tables and chairs; (which may be shaded by awnings, canopies or umbrellas;l arbut may also include such other sidewalk cafe furniture (as hereinafter defined, and as permitted and/or approved pursuant to this division],. The sidewalk cafe area in which the sidewalk cafe is permitted to operate is at ell times awned the Ci in its ro ri fa ca aci nd is rmitted to the side alk cafe permittee for the purpose of advanci g the City's legitimate governmental interest, as set forth in this division including, without limitajion, Section 82-367 herein. The sidewalk cafe permit area shall not be considered aub plicright of way,a„public fore, or a limned, public forum. for purposes of First Amendment analysis. Sidewalk cafe furniture means those nonpermanent fixtures, furnishings and equipment associated with the operation of a sidewalk cafe and approved pursuant to this division including, without limitation, tables, chairs, umbrellas, planters, heaters, fans, rolling service stations, service carts, bussing stations, aro menus, sandwich boards, and/or speeiaismenu boards. • Sidewalk cafe operator means anti permittee including, but not limited to, any owner, manager, employee. contractor. agent officer director, representative, or any other individual or anti_- tv acting for, b through or on behalf of arty of the foregoing. Sidewalk cafe site map means a city-approved map detailing the location of the pedestrian pathway as it relates to a sidewalk cafe. • Sign shall have the same meaning as provided for in eSection 114-1 hereof. Single-use carry out plastic bag means a bag provided by a sidewalk cafe permittee to a sidewalk cafe patron; for the purpose of transporting purchases or goods, including, but not limited to, food and beverages, which is made predominantly of plastic derived from petroleum or a biologically-based source. A single-use carry out plastic bag does not include a • • compostable carry out bag that: (1) Conforms to current ASTM D6400 standards; (2) Is certified and labeled as meeting ASTM 06400 standard specifications by a recognized verification entity; and (3) Must-bels capable of undergoing biological decomposition in a compost site such that the material breaks down into carbon dioxide, water, inorganic compounds, and biomass at a rate consistent with known compostable materials. • 4 Solicit means arkdirect person-to-person verbal communication proposing a con, erc'ai transaction b inducin• sus•estin• or •ersuadin• a pedestrian end - —. 7,- —_ -7a;'- to stop and patranizo the sidewalk cafe. Specials board means a board allowing for the posting of a restaurant's daily food and/or drink specials. Street means that portion of a right-of-way improved, designed or ordinarily used for vehicular traffic and/or parking, Sec. 82-367. Declaration of necessity and intent. It is hereby found and declared that: (1) Thereeed-for-eutdeor-eat ag-establishments (&Sidewalk cafes) in certain designated areas of the city to provide a unique environment, ambiance, and aesthetically pleasing experience for relaxation and food and/or beverage consumption. (2) = • = = - - " • _. • The operation andmaintenance o f sid^a lis cafes on the Cit open, whark designated and allowed) enhance the residents and visitors' experience and enlovment of the Citvib y's rant, tropical and derse (historic and other recognized commercial and entertainment)districts/neighborhoods. (3) The City provides a uni. be efit and advantase to •rivate business e_, ,,,tablishments/restaurants by permittinc the use of the Ci '&,property for sidewalk cafe operations, at a permit fee rate that has always been substantially below fair market value for the use of such space. • (4) = - :.r -_ - -•._ . ., __ • _ thur4-impeele-the4ree-an4-safe-flow-of-pedest is traffic. It is imperative. however, that sidewalk cafes be operated and maintained in accordance with the hi hest evels of service nd u lit bef'sttin the status of a recognized world class, international resort destination like the Citv of Miami Beach. (5) The granting of a permit forthe operation of a sidewalk cafe on public property is a privilege and not a right and the approval issuance and continued operation of a sidewalk café is conditional at alLJmes. 56.) In orderto maintain the highest standards of service and quality there exists a need for regulations and standards for the approval, permitting, existonee-and operations of and maintenance of sidewalk cafes to-facilitate-aid-er re hese eas. W The establishment of permit conditions andersafety standards,, fear criteria, and conditions for operation and maintenance of sidewalk cafes on the public right of way is also necessary to protect and promote the general health, safety and welfare of the residents and visitors of the eCity. • Sec. 82-368. Removal and storage fees; disposition of property. If, pursuant to this division, the city removes, relocates, and/or stores any sidewalk cafe furniture, the permittee shall be responsible for the reasonable expenses incurred by the city for the removal, relocation, and/or storage of all such sidewalk cafe furniture. The city manager 5 shall promulgate and review, as needed, regulations regarding the storage and disposition of sidewalk cafe furniture under this division. The city, and including its officers and employees, shall not be responsible for any damage to, or loss of, any sidewalk cafe furniture; removed, relocated and/or stored pursuant to this division, Sec.82-369.Appeals from the decision of the city manager. • Appeals from decisions of the city manager made pursuant to this division shall be to the special master in accordance with the procedures set forth in 8Sections 30-72 and 30-73 hereof. Appeals from the decisions of the special master shall be to a court of competent jurisdiction by petition for writ of certiorari. Sec,82-370.Notice of violation. (a) Life safety violations and/or sidewalk cafe site plan violations shall be corrected immediately. Life safety violations are defined as those conditions which, in the reasonable determination and judgment of the city manager, involve serious danger and/or risk to the public health, safety or welfare (including, without limitation, blocking pedestrian pathways and violations of the estate accessibility code for building construction). Site plan violations are defined to include those Instances where the permittee is operating outside of the permitted sidewalk cafe area (as approved pursuant to subsection 82-382(b)(6)), and Violations shall include, without limitation, a table or tables set up outside the approved boundaries of the sidewalk cafe site plan, and/or umbrellas, heaters,fans, bussing.stations and other sidewalk cafe furniture found to be outside the approved site pia%but shall not be deemed to include instances where a chair or chairs are moved outside the approved boundaries of g site plan by a sidewalk cafe patron(s). (b) If a code compliance officer finds a violation of this division, such code,compliance officer shall issue a notice of violation to the violator. The notice shall inform the violator of the nature of the violation, amount of fine for which the violation may be appealed by requesting an administrative hearing before a special master within ten DID days of the date printed on the notice of violation, and that the failure to appeal the violation within ten (10) days of the date printed on the notice of violation shall constitute an admission of the violation and a waiver of the right to a hearing.' Sec. 82-371. Civil fines and penalties; denial of future permits to repeat violators; enhanced penalties. (a) Civil fines and penalties. The following civil fines and penalties shall be imposed for violations of this division: (1) First violation: $500.00. (2) Second violation within the preceding 12 months: $750.00. (3) Third violation within the preceding 12 months: Suspension of the sidewalk cafe permit ,. for one weekend(Saturday and Sunday)and$1,000.00. (4) Fourth violation within the preceding 12 months: Revocation of the sidewalk cafe permit for the remaining portion of the permit year and$1,250.00. (5) Failure to apply for permit Termination of sidewalk cafe operations until a permit is applied for and obtained. (6) Failure to renew permit: Suspension of sidewalk cafe operations until the permit is renewed. 6 • • (b) Enhanced penalties. The following enhanced penalties must be imposed by the city. ' manager; (1) A permittee who has been issued more Than four violations pursuant to this division within a permit year shall be prohibited from applying for and obtaining a sidewalk cafe permit for a period of two permit years; following the permit year in which the • • appiieanttpermittee incurred the aforestated violations. (2) For life safety violations of this division and; site plan violations, arm-Violations--of • • w), or (x), the city manager shall be authorized to issue an • immediate order suspending the sidewalk cafe permit and operation, and the sidewalk cafe operator must cease operations for at least 24 hours, and until the city manager • finds that the violation(s) have been corrected and withdraws the suspension order. The issuance of a notice of violation or an order suspending the sidewalk cafe permit shall raise a rebuttable presumption that a life safety violation;or site plan violation, ar • violation- (v);-(w), or(x), has occurred. (3) For life safety violations of this division, an ielations-of _ - , .; -_- , , (x), the city manager shall be authorized to commence proceedings, pursuant to &Section 102-381 or 102-383 of-#his-cede hereof, to suspend or revoke the sidewalk cafe operator's business tax receipt. The issuance of a notice of violation pursuant to this paragraph shall raise a rebuttable presumption that a life safety violation; e , ; : );has occurred. (4) For violations of,the Sidewalk C fe Code of Conduct as set forth i Section 82-389 the city manager shall be authorized to issue an immediate order susoendina the sidewalk cafe ermit and o eration and the sidewalk cafe o erator m st cease operations for at leasi 24 ou a and .unci the ci,y r„ aha eco finds thatthe viola ion s • havebeen corrected and withdraws the suspens[on order: The city mnaaer shall also be authorized to commence proceedings, ursuant to Section .102-381 or 102-383 hereof, to suspend or revoke the sidewalk cafe operatot;s business tax receipt. The issuance of a notice of violation pursuant to this paragraph, or an order suspending the sidewalk cafe permit, shall raise a rebuttable presumption that a violation of the Sid waik Cafe Code of Conduct has occurred. ,I Reporting requirement. The city manager, or the city manager's designee, shall, on a quarterly basis, present the city commission with a written report detailing the city's enforcement activities relating to life safety violations of this division, site plan violations, and violations of subsSections82-389. The report shall include statistics relating to the number of enforcement actions taken against each sidewalk cafe operator, and the outcome of each enforcement action. Sec. 82-372. Rights; payment of fine; right to appeal;failure to pay civil fine or to appeal. (a) A violator who has been served with a notice of violation shall elect either to: • (1) Pay the civil fine (as set forth in subsSection 82-371(a)) in the manner indicated on the notice; or (2) Request an administrative hearing before a special master; to appeal the decision of the code compliance officer which resulted in the issuance of the notice of violation, which hearing must be requested within ten LIM days of the date printed on the notice of violation. 7 • (b) The procedures for appeal shall be as set forth in eSections 30-72 and 30-73 hereof. Applications for hearings must be accompanied by a fee las approved by a resolution of the city commissionl which shall be refunded if the violator prevails in the appeal. (c) Failure of the named violator to pay the civil fine, or to timely request an administrative hearing before a special master, shall constitute a waiver of the violator's right to administrative hearing before the special master, and shall be treated as an admission of the violation, for which fines and penalties shall be assessed accordingly. (d) The special master shall be prohibited from hearing the merits of the notice of violation or • considering the timeliness of a request for an administrative hearing if the violator has failed to request an administrative hearing within ten (10) days of the date printed on the notice of violation, The special master shall not have discretion to alter the penalties prescribed in this article. L) Any party aggrieved by the decision of a special master may appeal that decision to a court of competent jurisdiction by petition for writ of certiorari. Sec. 82-373. Recovery of unpaid fines; unpaid fines to constitute a lien;foreclosure. (a) The city may institute proceedings in a court of competent jurisdiction to compel payment of WI fines. (b) A certified copy of an order imposing a civil fine may be recorded in the public records and thereafter shall constitute a lien upon any other real or personal property owned by the violator, and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After two months from the filing of any such lien which remains unpaid, the city may foreclose or otherwise execute on the lien for the amount of the lien plus accrued interest. Secs.82=374-82-380. Reserved. SUBDIVISION H. Permit Sec. 82-381. Permitted areas; conditional permit; city manager's right to remove sidewalk cafes; requirement disclosures on menus,bills, and receipts. (a) Sidewalk cafes shall only be located where permitted by the city's zoning ordinance and land development regulations, as same may be amended from time to time. (b) The operation of a sidewalk cafe is considered to be a privilege, and not a right, and the issuance of a sidewalk cafe permit neither establishes nor creates any legal rights for the permittee. The approval, issuance andcontinued operation of a sidewalk cafe permit is subject to the city manager's discretion, which is deemed conditional at all times. (c) It shall be unlawful for any person to operate a sidewalk cafe without a valid permit as required by this division. (d) The city manager shall have the right to immediately remove, after 24-hours written and/or verbal notice to the permittee, any sidewalk cafe furniture used In connection with a sidewalk café which is operating without a valid permit. 8 (e) The city manager may cause the immediate termination, suspension, closure, removal, relocation and/or storage of all or part of a sidewalk cafe operation and/or sidewalk cafe furniture in those circumstances where the city manager determines it reasonably necessary for the protection of the public health, safety, or welfare. In those instances where the city manager determines that termination, suspension, closure, removal, relocation, and/or storage of all or part of a sidewalk cafe is necessary, pursuant to this subsection, the city manager shall provide prompt, written notice to the Mayor and City Commission setting forth the sidewalk cafe location, the action(s) taken pursuant to this subsection and the reason(s)therefor, and the duration of time for such action. High impact Periods, The city manager may, upon declaration of a high impact period, as provided in Section 82-443 of the City Code, order the immediate suspension and closure of all or part of sidewalk cafe operation(s) (including, without limitation, the removal of all or any sidewalk cafe furniture)within a High Impact Zone, as such area is defined in Section 82-443 of the City Code; provided however, that the manager shall first comply with the noticing requirements set forth in Section 82-443(c) of the City Code, and such measures shall only be instituted by the manager for a maximum period of 72 consecutive hours without the further approval of the City Commission to extend such periods. (f) The city manager may require the temporary removal and/or relocation of all or part of a sidewalk cafe when street, sidewalk, or utility repairs, or other public construction, necessitates such action. If such temporary removal exceeds 15 days, the city manager shall pro-rate the remaining permit fee for each additional day the sidewalk cafe (or portion thereof) is removed and apply a credit toward the following year's permit fee or, upon written request by the permittee, refund the remaining fee to the permittee. (g) Upon written andfor verbal notification by the city manager of a hurricane or other major weather event, or the issuance of a hurricane warning by Miami-Dade County, whichever occurs first,the permittee shall,within no more than four hours of notice same, remove and place indoors all tables, chairs,and any other sidewalk cafe furniture located on the right-of- way. The notification by the city manager of a hurricane or other major weather event, or the issuance of a hurricane warning, shall constitute an pubiie emergency situation as referenced in subsection (e) hereof this-divisiern. The city manager may remove, relocate, • and/or store any sidewalk cafe furniture found on the right-of-way that has otherwise not been removed by the permittee pursuant to this subsection. Any and all costs incurred by the city for removal, relocation and/or storage of sidewalk cafe furniture shall be the responsibility of the permittee. Sidewalk cafes will not re-open for business following a hurricane or other major weather event until notified by the city manager. Violation of this subsection {} shall result in the issuance of an immediate $1,000.00 fine, and/or. . suspension, for up to 30 days, of the sidewalk cafe permit. (h) €tea-sifiewalk-eafe-menu shall-ce iy-w 4he-requirements-semis-s vommission--•ma dept;wwiiere--adopted;bY—FeeGkitie•-sid - . • 4 t.nd r se-ef-fids-sulneettsm-(4) i+1-whieh-ease~easil - • . _ . •. . - . Aly-esta40,-with rideiine . display-eF-disdaee;n-writing•-aet risAa-fer:-feed-atad4 -rneno4tei►(s);-er-dis r• disolese• ire-wxitingraet -pr+ses-ami-a nditiens-4er-ari)L f8sd-and-drat •• -• _ -__- . - . • _ _ 'se-for-tie s)-e -€aod-artd-ilr-h E mer -special , ' , the-ter'r s-aFr { d lc-anew # d;i-applisabi=, - • . - •. . • . . • —- -- - - -- 9 _ _ _. _ _ ••. -kF-item er•-m8ft sly-outh ized-pu - :4944 t-be-displayed-is-Ruche f , - Safe-r ay fot - - _ . _ - . •_. _ .. . ._ -r=-dice eae or-dri&-menu--sppeeia . . . : _ - . _: aiicafe-patron •• :- - - : _ o .'_ -e - nnk Sen- :, _, ree-ef 4tae-unique- r-spesiaily-requested food-ar- i k-item;pher4o-agreewa: . _ . _ ::: . . - *fa r _ e-- _ _'_ . -_ .: t - - _- • sidewatk-cafe-pathan 2, ' er;.-in-the.prise -- • - - • : . •. ._: bxners - . . : t - - . • . _ -ti 0"Wi in4he4nenu as st-be- _ •" , • - he 4isslosure withi- •: -. _ ,'• • _. . - . . . :_ . ; • _ 11ct4eparately•itemize - - . •_ - u :. _ - : . A .• __ : . A. . .- _ - .e ee*Oharge,Aare; - _ >, . - - {ar..similar charge ust-•iternize charges--for-farniehi r Fin44�,��:��,:��,:},,*,,,' w�,�,,{, . . . _ . - • • •- - '• --' - - -- -te-thee-totat-eomb• f Sec. 82-382.Application. (a) A sidewalk cafe permit shall be effective for one year,from October 1 until September 30 of the following year. (b) An Aapplication for a permit to operate a sidewalk cafe shall include, but not be limited to, the following information: (1) The name, address and telephone number of the applicant/permittee. (2) The name and address of the business establishment/restaurant seeking a permit to operate the sidewalk cafe (including the name and address of the restaurant). (3) A copy of a valid city occupational license to operate the restaurant in front of which the proposed sidewalk cafe will be operating. The total count of chairs to be utilized for the restaurant must include the number of chairs used in conjunction with the sidewalk cafe and the number of chairs inside the restaurant, as authorized by the license. (4) A copy of a valid certificate of use for the restaurant in front of which the proposed sidewalk cafe will be operating. 10 ,• • (5) Copies of current certificates of insurance in the amounts and categories required by . section 82-386 hereof. (6) A site plan signed and sealed by a duly licensed architect or engineer which accurately depicts the layout and dimensions of the existing sidewalk area and adjacent private property; proposed location, size and number of tables, chairs, umbrellas, and any other sidewalk cafe furniture; and location of doorways, steps, trees and/or landscaped areas, fountains, parking meters, fire hydrants, bus shelters, directory/kiosks, public benches, trash receptacles, and any other existing public fixtures, furnishings and/or other obstruction(s); within the proposed sidewalk cafe area. The sidewalk cafe site plan shall be approved by the city manager prior to the issuance of a sidewalk cafe permit and the permit shall be specifically limited to the subject area shown on the approved site plan. • (i) Notwithstanding the site plan requirement in subsection (b)(6), and only as applicable to the operation of sidewalk cafes located in the area north of 63rd Street and south of the city limits on 87th Terrace, through and including September 30, 2020, a sidewalk cafe; having no more than two tables and eight chairs, may satisfy the requirement of subsection (b)(6) by applying for and obtaining a site plan designed by the public works department for a fee of$250.00. A sidewalk cafe permit applicant may only be eligible to apply for a site plan pursuant to this subsection (b)(6)(I) if the operation of the proposed sidewalk cafe will result in no net increase to the applicant's total number of restaurant seats, The provisions of this subsection 82.382(b)(6)(i)shall stand automatically repealed on September 30, 2020. (7) Photographs, drawings or manufacturer's brochures fully describing the appearance and dimensions of all proposed tables, chairs, umbrellas, and any other sidewalk cafe • furniture related to the operation of the sidewalk cafe. Tables, chairs, umbrellas, and any and-alt other sidewalk cafe furniture shall be approved by the city manager prior to the issuance of a sidewalk cafe permit. (8) A copy of the approved sidewalk cafe site plan, shall be maintained on the fee=s premises of the busine s establishme tfrri estaurant with the sidewalk cafe permit and shall be available for inspection by city personnel at all times. (9) The annual application shall be accompanied by a non-refundable base application fee as set forth in appendix A hereof.However", tThe non-refundable base application fee shall not be required for sidewalk cafe permit applications submitted to the city in conjunction with the Washington Avenue Pilot Parklet Program, which program shall terminate on March 31, 2019. 01 Additionally, the non-refundable base application fee shall not be required for sidewalk cafe permit applications submitted to the city for businesses on Washington Avenue from 6th Street to Lincoln Road, for the period ending on September 30, 2019. (10)Applications shall be reviewed for compliance with applicable city, &State and federal laws, and must be reviewed and approved by the city's public works department; fire department; office of risk management; finance department; planning and zoning department; and building department. (11)Prior to issuance of a sidewalk cafe permit, the city's chief financial officer shall certify that there are no outstanding fines, monies, fees, taxes or other charges owed to the 11 city by the applicant/permittee and/or the' business establishment/restaurant. A sidewalk cafe permit will not be issued until all outstanding debts to the city are paid in full. (12)No sidewalk cafe permit shall be issued to a restaurant whose occupational license or • certificate of use Is limited to take-out service and does not have inside seating. (13)A sidewalk cafe permit may not be transferred and/or otherwise assigned. A new owner and/or operator of a urant—and/e sines--establ t Jusirtess establishment/restaurant with a sidewalk cafe permit will be required to apply for and obtain a new permit. (14)The permit covers only the public right-of-way. Tables and chairs on private property will be governed by other applicable regulations. No outdoor seating authorized pursuant to this division shall be used for calculating seating requirements pertaining to location of, applications for, or issuance of, a liquor license; nor shall the outdoor seating be used as the basis for computing required seating for restaurants, or as grounds for claiming exemption from such requirements under the provisions of any applicable city,eQounty, and/or estate law. (15)Sidewalk cafes shall comply with all applicable accessibility codes including, without limitation, the Americans with Disabilities Act (ADA), and &State code provisions addressing accessibility for building construction, as same may be amended from time to time. (16)A sample menu that will be used by the sidewalk cafe to display or disclose actual prices for food and drink menu item(s), or display or disclose actual prices and accurate terms and conditions for any food and drink menu special(s). The sample menu must display or disclose the actual price for food or drink menu item(s) or food and drink menu special(s) (and, l)f applicable, the accurate terms and conditions for any food and drink menu special(s)) in a size (font) and typeface that is at least as large as the name of the menu or food item, and such price (and, if applicable, terms and conditions) must be displayed adjacent to the name, description, photograph, and/or image of each menu item or menu special, except as may be expressly authorized pursuant to the sidewalk cafe menu desigh guidelines adopted by the city commission rpt-to•-eeetien 824844h). All menu prices must be displayed in numeric format. The name of the eidewalk—eafe--oper-ateF restaurant must be prominently displayed on the menu. Each sidewalk cafe operator shall submit a sample menu to the city each year, which must be expressly approved by the city manager prior to each renewal of the operator's sidewalk cafe permit. (17)An affidavit by the sidewalk café applicant that the inclusion of an automatic gratuity or service charge, either in the price of the meal or drink or separately imposed for all items ordered, will be disclosed on the menu and the face of the customer's bill and receipt, and that the total combined percentage and amount of the city, &County, and state taxes will also be stated on the face of the customer's bill and receipt. The affidavit must state that the notification to the customer of an automatic gratuity or service charge and the statement of the total combined percentage and amount of city, sCounty, and state taxes are being Included consistent with, and pursuant to, those requirement(s) set forth in euheSections 828444)-and-(t)82-389(b) and (c). (18)Any--applisante - .. .. sate--pel'mitteee 5afe-per Those applicants for p sidewalk cafe permit 12 (or renewal of a sidewalk café permit),on Ocean Drive, between 5th Street and 15th Street,must submit an affidavit(in-a-ffecm-approved-y-the--city a certifying that: (I) Every manager and every employee assigned to work in the sidewalk cafe permit area has successfully completed a hospitality training program that has been previously approved by resolution of the mayor and city commission; (ii) Within one year of completing such program and each year thereafter, every • manager and every employee assigned tb work in the sidewalk cafe permit area shall complete an abbreviated version of the same hospitality training program; • and . (iii) Any newly hired manager or employee assigned to work in the sidewalk cafe permit area must successfully complete such a hospitality training program. A fully executed ori•ina ,Sidew-i Café Code of Conduct Affidavit . hich shall be • signed (and duly notarized under oath by a licensed Florida notary) by, an individual who is legally authorizedand owered to co.Jr tractually bind the sic).ewalk cafe ermittee an the business sta i hmen rest rant o warm t e sidewalk cafe. • Such Affjdavit will acknowled�cte that the sidewalk café permittee has agreed to be bound by the 5ide}Naik Cafode of Conduct, as set forth in Section$2-389,including the enh-nced •enaities for viola ion •f same as set forth in Section ;2-371 b herein. (c) Renewals. As provided in eusSection 82-371(b), a permittee who has been issued more than four violations pursuant to this division within a permit year, shall be prohibited from applying for and obtaining a sidewalk cafe permit for the following two consecutive permit years. 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 hereof, and shall be based on a per square foot calculation of permitted sidewalk area (including the area between the tables and chairs). (1) er-paragwaphs-er-prm isiona this-artiele-RNo 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, 2019. 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, 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. (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. (3) &more foo(age fee as required by t j.s section shall be required for the operations of Saldewalk cafes that contain up to 30 seats within the Collins Park Arts District Overlay,as defined in section 142-584 hereof e-square-fes 13 (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). 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) The Cit v Commission may A review of the annual permit fee will-be iFed 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 one-half percent or greater. Sec. 82-364. Permitted sidewalk cafe frontage; requests for expansions. (a) Sidewalk cafes are restricted to the sidewalk frontage of the restaurant to which the permit is issued or; if the restaurant is an ancillary and/or secondary use to another type of business establishment, the sidewalk cafe shall be restricted to the sidewalk frontage of the building (or portion thereof) of the "primary" business establishment (within which the restaurant is located). Only a restaurant whose premises are on a ground floor adjacent to and fronting the sidewalk may be issued a sidewalk cafe permit. Sidewalks cafes may be extended Into a loading zone fronting a restaurant as provided in subsection (d) below. (b) An applicant for a sidewalk cafe permit may be permitted, upon prior written request by the permittee to the city manager, to extend by a maximum total of 50 feet in the right-of-way on one side and/or the other side of the restaurant to which the permit is issued (of the business establishment where the restaurant is located); the permittee shall make written application to the city manager setting forth the reason(s) for the proposed expansion and provide a site plan showing the proposed expansion.All requests for expansions pursuant to this subsection (b) shall be reviewed by the city manager on a case by case basis. In reviewing such requests, the city manager, in making his determination to approve or deny, shall consider the following: (1) Pedestrian access. (2) Visibility of the front of the adjacent owner's business. (3) Obstructions. (4) Accessibility to the adjacent owner's business by patrons. (5) The city manager, shall solicit input from businesses and property owners on the same block including, without limitation, the immediately adjacent (i.e., next door) business and property owners. (6) The city manager shall provide written notice to the adjacent business establishment (tenant) and property owner on to whose frontage the sidewalk cafe proposes to 14 expand. The notification shall include the following information: the name and address of the permittee/business establishment requesting the expansion; the approximate !. location and size of the area requested; and the name and address of the city official and/or employee to forward comments to, and the time period within which to forward said comments (which time period'shall be no less than 14 days). Said notice shall be sent, as to the adjacent business establishment (tenant), to the name and address on file with the city for the establishment's occupational license and, for the property owner, to the name and address identified in the records of the Miami-Dade County Property Tax Appraiser's Officer.Any objections not submitted and received by the city within the date provided In the notice shall be deemed waived. (7) The city manager may also consider any history of violations and/or warnings pursuant to eSection 82-371. in the event of approval by the city manager to expand a sidewalk cafe pursuant to this subsection(b), the additional square footage will be computed into the new permit fee. Notwithstanding the city manager's approval of a sidewalk cafe expansion pursuant to this subsection (b), In the event that the adjacent business establishment and/or property owner(on to which a sidewalk cafe has expanded) subsequently elects to apply for a sidewalk cafe permit to- operate a cafe in front of its premises, that new applicant/permittee shall provide the city manager with notice of such intent stating the applicant's name; the property address; the name of the business establishment and/or the restaurant (of which the cafe is a part of); and the anticipated opening date. The city will provide the business establishment(tenant) and property owner which is currently expanding into the proposed new applicant/permittee's frontage with a courtesy copy of the notice. Following receipt of said written notice by the city, and provided that the new applicant/permittee obtains a sidewalk cafe permit, as well as any other required permits and/or licenses for operation of the business establishment and/or restaurant associated with the proposed new sidewalk cafe, then the city manager's prior consent for expansion shall terminate, and the city shall provide written notice to the adjacent sidewalk cafe permittee advising it of such termination, and providing a termination date therefore, The city's notice shall provide the adjacent property owner with at least seven calendar days' noticeprior to the effective date of termination of the expansion. Upon the termination date of the city's consent to expansion, the sidewalk cafe permit and the permit fee will be adjusted accordingly, (c) in the case of sidewalk cafes on Lincoln Road, an expansion of a sidewalk cafe across the centerline of Lincoln Road Mall may also be permitted. The permittee shall make written application to the city manager setting forth the reason for the proposed expansion and provide a site plan showing the proposed expansion. Requests for expansions pursuant to this subsection (c) shall be reviewed by the city manager on a case by case basis. In reviewing such requests,the city manager shall consider the following: (1) The applicant/permittee would otherwise be significantly deprived of the use of the right-of-way for which the sidewalk cafe permit is sought; (2) There are special circumstances and conditions that exist, which were not self-created by the applicant/permittee, and are peculiar to that portion of the right-of-way, and are not generally applicable to other rights-of-way in the immediate area; (3) The granting of the expansion is the minimum that will allow the applicant/permittee's reasonable use of the area for its sidewalk café operations;and 15 (4) The granting of the expansion.will not significantly impair the ability of pedestrians on that particular portion of Lincoln Road Mall to walk comfortably from one side of the mall to the other. in the event of approval by the city manager to expand a sidewalk cafe pursuant to this subsection (c), the additional square footage will be computed into the new permit fee. (d) Loading zones in front of a ground floor restaurant use with sidewalk frontage and a sidewalk cafe permit may be used as part of an expanded sidewalk cafe permit area when the street on which the loading zone is located is closed to traffic, provided that the loading zone is within a street area that is regularly closed to traffic during certain days or hours, a minimum of five days each week. All platforms, tables and chairs in the loading zone shall be removed at the close of business each night. A permit modification will be required • before use of a loading zone•may commence, subject to suspension or revocation at the discretion of the public works director. The fee for the temporary expanded sidewalk cafe permit area shall be as provided in eSection 82-383 hereof,ef-the-Gity-Eed . Sec, 82-385. Minimum standards,criteria,and conditions for operation of sidewalk cafes. (a) The permittee shall take any and all actions to assure that its use of the public right-of-way in no way interferes with pal#tens-ef-eetthaei eidewaii-eafeerer pedestrians utilizir�q the of-__41..../ay and in no wax limits their free, unobstructed passage thereto. (b) Sidewalk cafes shalt be located in such a manner that a distance of not less than five feet is maintained at aft times as a clear and unobstructed five-foot pedestrian path around public amenities and areas such as, by way of example, fountains, landscaped areas (excluding city planters), and seating/shade structures, five-footedestriar path shall also be re uired and est blishe where he citan er in hi reasonabl lid merit and discretion etermines that the o eration of a sidewalk c e nhibits a estrian access to an adjacent business establishment or adversely affects the,yisibilit og fan adiacent storefront. Notwithstanding the preceding, the city manager, in his reasonable judgment and discretion, and on a case-by-case basis, may approve and allow for a pedestrian path of less than five feet where an applicantlpermittee`s sidewalk cafe operation would be significantly impacted. In considering such cases, and in determining whether an applicant/permittee is "significantly impacted," the city manager may apply the criteria set forth in subsS.ections 82-384(c)(1)--(4) herein. A- f -p mired-and- reW-the—s —maaag } diseFetie etermfiaes-that-tfae eratlen-ef-a-sidewwalk�afe-intillaits-pedsstrlan-aGeses-te-an adj tabiielames r-adversely-affeet54M; - -_- - - - . (c) No tables, chairs, umbrellas, or other sidewalk cafe furniture shall be permitted within ten feet of a bus bench and/or bus shelter. A distance of five feet shall be maintained from taxi stands, fire hydrants, bike racks,directory signage/kiosks, and/or other similar public street furniture and/or fixtures. (d) No tables, chairs, umbrellas or other sidewalk cafe furniture shall be permitted within five feet of an alley, pedestrian crosswalk, or corner curb cut. (e) The pedestrian path for Lincoln Road shall be a 12-foot clear path for emergency and maintenance vehicles. The exact location of the path on each block shall be determined by the city manager, in his reasonable judgment and discretion, and shall be incorporated into the sidewalk cafe site map of Lincoln Road. (f) No object shall be permitted around the perimeter of an area occupied by tables and chairs which would have the effect of forming a physical or visual barrier discouraging the free use 16 • of the tables and chairs by the public;or,(in the case of Lincoln Road which would.have the effect of obstructing the pedestrian path or public access between the north and south sides of Lincoln Road. (g) The area covered by a sidewalk cafe permit, and the sidewalk and street immediately adjacent to it, shall be maintained In a clean, neat and orderly appearance at all times by the permittee. The area of the sidewalk, curb and gutter immediately adjacent to the sidewalk cafe shall be cleared of all debris during hours of operation, and again at the close of each business day, or as may otherwise be determined by the city manager. The permittee shall be responsible for pressure cleaning the floor surface on which the sidewalk cafe is located at the close of each business day. The city shall pressure wash the right-of- way from time to time in accordance with such schedule as shall be established in the reasonable judgment and discretion of the city manager. In establishing said schedule, the city manager shall use reasonable efforts to assure that the city's pressure cleaning of the public right-of-way occurs at such times as will cause the least disruption to sidewalk cafe operations. • (h) Tables, chairs, umbrellas, and any other sidewalk cafe furniture shall be maintained in a clean, attractive, and orderly appearance, and shall be maintained and kept in good repair at all times. (i) All sidewalk cafe furniture shall be of high quality, design, materials, and workmanship so as to ensure the safety,comfortand convenience of the public. (j) Only the sidewalk cafe furniture specifically shown on the approved sidewalk cafe site plan shall be allowed in the permit area. (k) (4-) All tables, chairs, umbrellas, and any other sidewalk cafe furniture shall be readily removable, and shall not be physically attached, chained, Or in any other manner affixed to any public structure, street furniture, signage, and/or other public fixture, or to a curb and/or public right-of-way. (1) -)Notwithstanding the provisions of subsection (k)( above, on the west sidewalk.on Ocean Drivel between 5th Street and 15th Street, umbrellas may be affixed to the sidewalk with an in-ground mount system that Is flush with the sidewalk or with a bolted metal plate not to exceed nine inches by nine inches in size. A detailed engineering design, and a structural analysis of either the mount system or metal plate, shall be submitted to the department of public works for review and approval. if permitted, such mount system or metal plate must be easily removable (as determined by the city) to provide a smooth ADA-compatible surface when the mount system or metal plate is removed. In the event that a partistilart sidewalk cafe is no longer a permitted ase, the umbrellas and entire mount system or metal plates shall be removed and a standard . concrete sidewalk shall be re-installed, subject to• the review and approval of the department of public works. (1) The stacking or piling up of chairs shall be prohibited on the right-of-way. Notwithstandinct subsec#ion (i), gon Lincoln Road Mall, tables, chairs and closed-up umbrellas may only remain on the right-of-way(within the permit area) as long as they are placed in an orderly manner. Netveithetandieg-the-feroeelagr eon Lincoln Road Mall tables, chairs and closed-up umbrellas may remain on the right-of-way as long as 80 percent of the restaurants on Lincoln Road Mall are open for lunch beginning at 11:00 a.m. The city will make this determination on two separate times during each permit year. The first determination shall be made on October 1, with the second determination being made on April 1 of each year. The phrase "open for lunch" shall 17 be defined by the serving of meals to patrons during the lunch hour. If the city determines that less than 80 percent of the restaurants on Lincoln Road Mall are open for lunch on either October 1 or April 1 of a permit year, then the following regulation shall apply to all restaurants on Lincoln Road Mall. MAny and all other sidewalk cafe furniture including,without limitation, rolling service stations, service carts, and bussing stations, may only be maintained in the permit area during hours of operation,provided however, that planters that cannot be readily removed may remain within the permit area subject to the provisions of.subsection (s) • hereof. On Lincoln Road Mall, rolling service stations, service carts, and bussing stations shall not be permitted to be placed within five feet of the walls, columns, or posts of the Lapidus structures, city planters, or in front of other storefronts and/or business establishments. Notwithstanding anything contained in this subsection (I), the city manager may require a permittee to store its tables, chairs and/or umbrellas off of the right-of-way If, in his reasonable judgment and discretion, the city manager determines that the sidewalk café permit area and immediately adjacent public right-of-way are not being adequately maintained in accordance with this division. (m) No storage of dishes, silverware, or other similar sidewalk cafe equipment shall be allowed in the permit area, or in any other portion of the public right-of-way, or outside the structural • confines of the building in which the restaurant is located, during non-business hours. (r}) -ers-pla. _- . . -- - _ - pema# d- -a-speelal-event--i eel i-eve is-•eff ire:•Cenditioee sueh-as-hours-and-daysof-opetaties1 - Q udie-levels-wi -be•-reg events f serarid•-these -via ing-the-yeas (en)One menu board shalt be permitted, per sidewalk cafe, for every 50 feet of frontage. No food or drink special(s) may be displayed, disclosed, or posted on any menu board or sandwich board sign. Specials board(s) are prohibited in all sidewalk café permit areas and anv other portion of the public rights-of-way, (1) Exception. As applicable only to those sidewalk cafés located north of 63rd Street, the provision in subsection (en) that pertains to the prohibition on Sspecials board(s) in sidewalk café permit areas and public rights-of-way shall not take effect until July 27, 2020. (p) raged a se-feed-semi , plas '_ _ _ _. _ - , - e -_ .- - ' rers;-{-e#rigera#len-apparat4 Ae-e ment,-or Ar-e--apparetus--eF-estoipmentr-stiell-be-ellewed-en--the-r-igiat-ef-way4-414-additieni--.expanded pelystyrene-€seal-se ire aitieles;siw ate straws;arid-single-use-plastic es#-te-sidevlk-safe-aatzens, rwg OAr Fe-provis,-- •- < - -in -u-se-plastic--laever,Ege t-r-estr+st--a--sic ewalk-Ea€e•-operater••frere - -- : .__ ._ -, _ !.‘C -•, huse-ef;-,a-e ngl t a-a 4adividual--gni i- -disal illity-er edisal n t'wr at -impairs-the-sent pt a-ef-beverages-witho -single-use-plastic-beverage-straw-er side-use-plastic-stirrer: (go) .. . . - _ . _ w4 _ -e-pablie lght-ef way No advertising signs or other commercial sionaqe shall be permitted on the public right-of- 18 way except that the restaurant name and/or its logo may be permitted on umbrellas but such logos and/or lettering may not exceed six inches in height. • (f p) (-)Umbrellas shall be fire-retardant, pressure-treated or manufactured of fire-resistant material. No portion of an umbrella shall be less than six feet eight inches above the right- of-way. Two or more umbrellas may not be clipped, zipped or otherwise fastened together in order to form a tent-tike structure. Clear plastics or other materials may not be fastened, rolled or otherwise be attached to umbrella edges in order to create an enclosure. ,(1fl (-Notwithstanding the provisions of subsection (r)(1),(21, and subject to planning department review and approval, the following provisions shall apply to sidewalk cafes located on the west sidewalk on Ocean Drive,between 5th Street and 15th Street: a. A maximum of three umbrellas may be zipped together; b. Rain gutters may be installed between zipped umbrellas; and c. Colorless and transparent roll-down tarps may be permitted to be attached to umbrellas, provided that the tarps are only utilized during periods of strong wind or rainfall. Within one hour of the cessation of such wind and/or rainfall, the roll-down • tarp shall be removed from the umbrella/awning system and stored on private property. (sg) The city manager may permit the use of planters manufactured of terra-cotta or polymer materials, with the number and size to be reviewed at time of application. Placement of planters within sidewalk cafe areas shall be five feet apart or greater. It shall be the permittee's responsibility to immediately remove planters, upon written and/or verbal notice from the city manager, in case of emergency or other circumstances, as provided in this division. Maximum size of planters shall not exceed the following: (1) Rectangular planters:30 inches long, by 15 inches wide by 20 inches high. (2) Round planters: 24 inches diameter by 24 inches high. (3) Planters 20 inches or higher shall be on rollers or on rolling bases. (4) The combination of planters and plant height should not exceed a table height of 34 inches. Plants shall be properly maintained. Distressed plants shall be promptly replaced. Plant fertilizers which contain material that can stain the sidewalks shall not be allowed Water drainage from any plants onto the sidewalk shall not be allowed. Potted plants shall have saucers or other suitable systems to retain seepage. (tr) Permittees may make written request to the city manager to use city electricity for powering • floor fans during the summer months. Summer months are defined as the period beginning on May 1, and ending on September 30. The city manager will make electrical outlets operable upon payment of a flat fee, which fee shall be determined, and may be adjusted from time to time, in the reasonable judgment and discretion of the city manager, for each of the calendar days during the summer months. City electrical outlets will be restricted to powering floor fans only. Using the electrical outlets for powering lights, menu board lighting,•and any other electrical device is strictly prohibited. Permittees violating this restriction will have the electrical boxes deactivated and forfeit any monies paid for electrical use. Fans must be UL approved for outdoor use. Extension cords are not allowed. (es)No permit shall be granted on Lincoln Road in an area designated in the sidewalk cafe site map as restricted for special and cultural events; provided however, that the city manager 19 may approve temporary use of such area(s), on a case by case basis, and only for a defined, limited period of time. (44 -be•-prohibit=, -, • . •,. - -e: . _ • -• _ush-time-that-it ' , e-aetuai-pkes-fir-feed-and-drh 1c menu-item(s);er-displays of diselesearin-wcitingradtd-pcises-and-aseufate-terras-ancireendittens-fer-any-feed-and-dr-inii menu-spesial(s), slstentWwith-those a t+re• .• . -- _ - - w- • _ -84-(h-)-and-82- 38 )( sklewalk elf y-not-sliar e-e-pFise-that--is-greater--than-the-prise-displayed eF"ddkslesed-fe a-item}-used-er-ddrini ne u-spesialu that-preminently-displays-the-ulnas-of-the-sic-lewalic-safe•e{serate ual prWes-for-feed-,and dr ero-item(s)-and-€or feodand ink mer -speoIa•l(s);and,-if-appllcabler-accurate temis--aFt nd-dr ic-men will( art-be-previcied--te-each (w) --in. . .2- '5 . -_ - ter-RINITH.4a3--sham; eeckag: - , - -- =_, - . _ : _r-offer-sinailaF•sharg her kae-priee-e€ alae-meal-eRIFinlc cap-separate! =_ • - . 2 r*, and ails-to-yFepecl4y�-Retify-the ensteme -e _ - - _ . . isevchacge,-4s-prr ted-from'operating--on-the city-'&-pr eFtj,--T-lae-nett#'1Batien-moat- -sensistent-wit ese--r lFements-Bet-feFtii--il4 sectiens=82-384 41 )(17).- - -rately-itemize- state-the-as 4)---Gratuities-or-tips; .( --Bewlee-charges -minimum--ehars:., -. -_- -=-, -_ . . =_., .• - - -F j }--x-lae-fetal-sefbined-pecsec6ge-ate a unt of-site ef-the-sustemes-bill-and eeelpt lje-prohibited E r-ating✓'en-th@-eity=F►'I roper ti t us Mase-require+ nts-se#fieth-i d 382.4 }( y- (y)-As-appileable4e-sjidewall4-cafe-permittees-en wean rive-betwe 8th Street,-ever-y-manager-and-every° loyee-a sidewalk-eafe-pemit ar st-susseseiuldy-semplete-a-hespitalit j-#ai ling egre sly appreved-by4eselution-ef-the mayer-and-eit rnmissien:-Wathin-e h-pregFam-and-sash-year-therea€teF, very-mane we -in-the-sidewalk-cafe-per•mlt-anew-shall-eomp espit-ality-#reining-pcegram. Sidewalk-safe-permittees-shall- {13--Maintain-$eeords-on-premises-evidencing-sempUas -with -his-eubsestien-Wand • pager,-era-an-annual-bass;-the-affidavit-specified i-subsSec en . 2( ). t-plastic-bags--shall-not-be-allawed- -the-rig -- . '- - 2.. 2 sr. Sec. 82-386.Indemnification and insurance. (a) The permittee agrees to indemnify, defend, save and hold harmless the city, its officers and emptoyees,from any and all claims, liability, lawsuits, damages and causes of action which may arise out of the permit or the permittee's activity on the public right-of-way. 20 (b) The permittee agrees to meet and maintain for the entire permit period, at its own expense, the following requirements: (1) Commercial general liability insurance, in the amount of$1,000,000.00 per occurrence for bodily injury and property damage. The eity City of Miami Beach, Florida, must be named as an additional insured on this policy, and an endorsement must be issued as part of the policy reflecting compliance.with this requirement. (2) For sidewalk cafes which serve alcoholic beverages, liquor liability insurance in the amount of$1,000,000.00 per occurrence for bodily injury and property damage. The city City of Miami Beach, Florida, must be named as an additional insured on this policy, and an endorsement must be issued as part of the policy reflecting compliance with this requirement. (3) Workers'compensation and employers'liability as required by the state of Florida. (c) All policies must be issued by companies authorized to do business in the state and rated B+:VI or better per Best's Key Rating Guide, latest edition. (d) The city must receive 30 days' written notice prior to any cancellation, non-renewal or material change in the coverage provided. (e) The permittee must provide and have approved by the city an original certificate of insurance as evidence that the requirements set forth in this section have been met prior to commencing operations. (f) Failure to comply with these requirements at any time wit s#-a-vatid-penaalt-and shall cause an Immediate suspension or revocation of the permit. Sec. 82-387.Prohibited"no table"zones. (a) There shall be no sidewalk cafes permitted and/or placed within a section of the 1100 block of Lincoln Road Mall, between Lenox Avenue and Alton Road; said section as more specifically defined by the following description: Land description: A portion of Lincoln Road lying between Alton Road and Lenox Avenue, as shown on "Commercial Subdivision,"according to the plat thereof, as recorded in Plat Book 6, at • Page 5 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: Commence at the southwest corner of Lot 6, Block 39 of said "Commercial Subdivision;"thence south 89'08;deg;55"west along the south line of Block 39 of said "Commercial Subdivision," a distance of 11,20 feet; thence south 00'51;deg;05" east, a distance of 25,00 feet to the point of beginning; thence continue south 00'51;deg;05" east, a distance of 50.00 feet; thence south 89'08;deg;55" west along a line 25.00 feet north and parallel with the south right- of-way line of said Lincoln Road, a distance of 190.08 feet; thence north 00'51;deg;05 west, a distance of 50.00 feet; thence north 89'08;deg;55"east along a line 25.00 feet south and parallel with the north right-of-way line of said Lincoln. Road, a distance of 190.08 feet to the point of beginning. Said land situate, lying and being in the City of Miami Beach, Miami/Dade County, Florida; containing 9,504 square feet, more or less. 21 • • (b) There shall,be no personally {property} or equipment relating to the operation. of•a restaurant, Including, without limitation, sidewalk cafe furniture, garbage receptacles, storage containers, back-of-house operation, equipment or supplies, or any other similar item permitted and/or placed within the improved section of Euclid Avenue,between Lincoln Road and Lincoln Lane South,which section is more particularly described as follows: Land description: A portion of Euclid Avenue right-of-way as shown on the plat of ,Second Commercial Subdivision of the Alton Beach Realty Company", according tothe plat thereof, as recorded in Book 6, at Page 33, and the plat of"Lincoln Subdivision" according to the plat thereof, as recorded in Plat.Book 9,at Page 69, both recorded in Public Records of Miami-Dade County, Florida; bounded on the north by the extension of the south right- of-way line of Lincoln Road; bounded on the south by the extension of the north right- of-way line of Lincoln Lane South; bounded on the east by the east right-of-way line of Euclid Avenue and bounded on the west by the west right-of-way line of Euclid Avenue, less the northerly 30 feet. Said land situate, tying and being the City of Miami Beach, Miami-Dade County, Florida; containing 8,400 square feet, more or less. Sec. 82-388. Hours of sale of alcoholic beverages;exceptions; enforcement. (a) Alcoholic beverages shall not be offered for sale or consumption at sidewalk cafes between the hours of 1:30 a.m. and 8:00 a.m., and shall not be consumed at sidewalk cafes between the hours of 2;00 a.m. and 8:00.a.m. Compliance with this section shall be a condition of maintaining a sidewalk cafe permit. (b) Notwithstanding subsection (a), alcoholic beverages may be offered for sale or consumption and may be consumed at sidewalk cafes located on Ocean Drive, between 5th Street and 15th Street, at such additional times as provided in eSection 6-3 of this Code. (0) A violation of this section shall be enforced and penalties shall be imposed in accordance with sSection 6-3(8) of this Code. legs. 82 389. Sidewalk Cafe Code of Conduct idew Ik caf.� permittees must comply with those requirements set.forth below in the Sidewalk Café Code of Conduct, which is su.•1- e tal to. an• In`ad•ition to all othe standardscriteria and conditions herein reclutatin_ sidewalk cafes, and is not intended to amend, repeal or replace any other provision of Chapter 82Article IV. Division 5. A sidewalk cafe operator that fails to co i w't a rov ions of th Sid alk C fe Code of Conduct. as set forth herein my brohibited from operatintl pursuant to those enhanced penalties',Identified withi0 subsection 82-371{t�). • . tel A sidewalkafe m st di la or disclose in writin a al r ces for fo d and drink menu item(sg, actual prices and accurate terms and conditions fo an foo rice nk enu s eclat s . The dis la ed rice jgr Italgael . drink menu item s or food -nd drink me u s•-cial s :nd if a••lic-ble the t rms.and 22 conditions for any food and drink menu sppciakaa rnrustbe in a size (font) and typeface, which is at least as large as the name of the menu item. Such prices (and, if applicable, terms and conditions) must be dispjayed adjacent totile dame, d_escridtion, photograph. a d o lma•e of ea h menu fern o m-nu s•ecial exce.t as ma be expressly authorized pursuant to the sidewalk cafe rsepu design czAefines. All menu prices must • be d'spla ed in numeric rmat..A sidewalk cafe not har e a price that'is greater than the p re cdisplayed or disclos d for an food or rip menu'tem s or food or drink menu special(s). In the event that„a sidewalkcafepatron makes a unique or special request for a.food or drink menu item not listed on the menusidewalk cafe must disclose_to the patron. the price of the unique or speciall ry requested food or drink menu item, prior to agreeing to prepare the food or drink menu item. A menu that-prominently dis•la s t e name of he sidewalk cafe amator• a al pr„ ,esfor food_and drink menu itemfs) and for food and drink menu sgecialj Z and, if applicable, accurate terms and • conditions for any food and drink menu s ecial s must be provided to each sideway cafe patron. al A sidewalk cafethat auto aticaliv includes gratuity service charge m_jnimum charge corkage fee, set upsharing fee or charge, or other similar charge, either in the price of the meal or drinkar separately imposed for all items orderecj m _ ust display the actual amount of each sucharratuity,-r�har e. and fee on the menu and on thaface of the customer's bill. This disclosure serves to provide the customer notifycatipn t at an automaticgratuity. char a an for fee is bein nc1 ded b th sidewal cafe o era or The disclosure of each arakuity_ rt1arge, and fee within the menu must not be sm iro- than 14-point font. and the disclosure within the bili must not be Smaller than 12-point font. A idewalk cafe that includes a ratu't or ti as a c a e must se aratel temize and state the actual ammo nt of this me, on the face of the oust pmer's ill and receipts and suchgratuity or tip must only be calpulated based on the pre-tax sale amount of the food or.drinks. A sidewalk cafe operator khat inciu>das a service charge, minimum cham corkagefee, set Lg fee, sharingfee or charas, or anY other similar charge, must itemize and separatelL ate the actual amount o uch char s n h ace o the customer's bill and recei t. Service char es mini um char es corks a fees set ees s arin fe s or charges, or other - smjlar char, esim„• ossd by a sidewalk cafe operator as part of the charges for furnishing. serving. or preparing food products must be subject to sales tax and surtax. A sidewalk cafe operator must state the total combined percentage and • amount of City. County, and State,taxes antits face of the customer's bill and receipt • and must label such taxes accurately, u There sj�all be r)o five entertainment or speakers placed in the sidewalk cafe permit aLea unless w____ Itagialopjalvent issue b the eve is office. No foore aration foo story a ex a ed of st rens fop service articles sin 1e- use plastic bevera a straws single-use plastic stirrers, refrigeration apparatus or sp gpL_enta or fire apparatus or eauipmen# shall be allowed on the right-of--way In addition, ex app ded polysyrene food service articles single-use plastic beverage straws, and sinle--use plastic stirrers shall not beprovided to walk cafe ppttrons. 23 1! Exce tion. Th rovi ions i his sub e i hail not restrict a sid w k cafe a!- a •r from •rovidin• a bevera•e ith •r o ern• t e se of - in•le-use .1. tic • beverage straw or sin ie-use l stic stirrer t a ndividual ith a dis bili or medical conditiort_that impairs the 9,9.1-u • ion of •ever.yes , 'tion a s n.1.-us= lasti beverage straw or single-use plastic stirrer. LO Single-use carry Mastic bags shaU not be ail owed in tfZe ri. ht-pfway and shall not be .pr vim dad to sidewalk café patrons. WI No food dis• a s s all be •ermitted on the •ublic 1. -o-wa o sh.11 an food an..10 b=vera•= dis•ia •e mai t.i -• wi hi - restaurant/business est:. ishment's premises in such a way,that theplacement o such di.99,1ayl§lialare clearly visible from, the sidewalk cafe oermi#aria and/Q„rl .i?S1lc richt-of-way. 1 : k 3. • 11 ,. -s .l• -.1 • 1-_....� _!1! • IV• ,• • .• ..� .. ,i• 10 ••• • "• 1. -• 11,. • • .• 0, c• •'• . • -• • ,1 11=1 ••- • • n__1• + 1 ••- • 0,1.__!_, .-.i • ,--1•1'411 - ; ••• • • A. • •- • • _• •1 :• • e•. ce ,A_p—I 1' . -' •• it' ' J, 1.4„.! .1' _' ...-X•1 -• - As-ap121ka �le to eSidewalk café perm' ees on Ocean Drive. between 5th Street and 15th Street, including every manager and every err pioyee assigned to work in the sidewalk cafe prmi#area ust su cessf 1i c to a1_,Implali rainin ro ram that has been Qfeviousitr approved eso u io of th t�yo ani, d city comm sio„ „Within one ear o corn•ietin. h • ••ram and. =-ch -.r hereafter eve m-na.er an. every,employee assigned to work in the sidewalk cafe permit area shall complete an abbreviated version_of the same hospi lits training.proam . Sidewalk cafe permittees Shall: ], int.in rec• ds • 'rel.'ses a i.e ins com•li ce wit this sub ection and Sub i to the cit man a on an annua basis he of i av t s ecified in action 82-382(b)(18), aidewalk cafe o er tors jocated on Ocean Drive, between 5th Street and 15th Str.est ,_ shall not: Solicit any.oedestrian(s} located on the sjdewajk abutting the sidewalk café permit • area •r on he r'!h if wa ithin tw: t 2+ feet of h- o :r •erimeter of the sidewalk cafe permit area. fob the urpose of inducing such pedestrian to patronize any business establishment orisidewelk cafe, or pu chr ase any food, beveraoe, rod ct or sery c ss the edestrian first afftrma#Ively cQnmunicatee a desire to receive information bo t th ' alk c f ' foo bevera a oduct or services 24 Distribute ny commercial hand hits? to any pedestrianlsl located onthe sidewalk abu t i • he sidewa ca e •-r i a -a or on the '• . wit i twent 20 eet of the outer perimeter of the sidewalk cafe ire„rmit area unless the pedestrian first giffirmativeil cammunicatg des„jr torepeiyiinfamatlon about the side ice„ 's • food. beverages,prodiuctswa or sere s ate, al ai r dis to an comm r i l handbil s 'n sch a a Lth i edes hinders deim o obs#ructs anvtaedes(ri n's(s')gait or path of travel. Secs.82-390--82-410.Reserved. SECTION 2. REPEALER. Alt ordinances or parts of ordinances 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 that the provisions of this ordinance shall become and be made part of the Miami Beach City Code. The sections of this ordinance may be renumbered or relettered 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 the day of ,2019. PASSED AND ADOPTED thisday of 2019. ATTEST: _ Dan Gelber, Mayor Rafael E. Granado, City Clerk Underline denotes additions • Striketivoug14 denotes deletions p.uble underline denotes additions after First Reading denotes deletions after First Reading APOS TO (Sponsored by Mayor Dan Gelber) FORM&LANGUAGE & 0 XE UTION (1 City Aftomey ••to 25