Ordinance 2019-4320 ORDINANCE NO. 2019-4320
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE
CITY CODE, ENTITLED "PUBLIC PROPERTY," BY AMENDING
ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 5,
"SIDEWALK CAFES," SUBDIVISION II, SECTION 82-382, ENTITLED
"APPLICATION," AND SECTION 82-383, ENTITLED "PERMIT FEE;
PENALTIES FOR LATE PAYMENT; REVIEW OF FEE; EXCEPTION,"
TO ABATE SIDEWALK CAFÉ FEES FOR BUSINESSES LOCATED
NORTH OF 63RD STREET AND WASHINGTON AVENUE FROM 6T"
STREET TO LINCOLN ROAD, FROM THE EFFECTIVE DATE OF THIS
ORDINANCE THROUGH AND INCLUDING SEPTEMBER 30, 2021;
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, Chapter 82 of the City Code authorizes the City to collect the following fees
to operate a sidewalk cafe on a public right-of-way: an annual permit fee of$150.00, plus $25.00
per square foot of the sidewalk cafe area; and
WHEREAS, in prior years, and pursuant to Ordinance Nos. 98-3146, 2000-3237, 2003-
3397, and 2013-3824, 2015-3968, the City Commission has waived or abated square footage
fees for sidewalk cafes in the North Beach area of the City; and
WHEREAS, most recently, on September 13, 2017, the Mayor and City Commission
adopted Ordinance No. 2017-4144 which abated square footage fees for sidewalk cafes located
north of 63rd Street for a two-year period ending on September 30, 2021; and
WHEREAS, the Mayor and City Commission desire.to waive sidewalk cafe permit
application fees and sidewalk cafe permit fees for businesses on Washington Avenue from 6th
Street to Lincoln Road, in order to encourage businesses to open sidewalk cafes; and
WHEREAS, the City Commission desires to encourage continued economic
development in the North Beach area by extending the sidewalk cafe square footage fee waiver
provision for an additional two years through and including September 30, 2021.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 82-382 of Chapter 82 of the Miami Beach City Code is hereby
amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE IV. USES IN PUBLIC RIGHTS- OF-WAY
* * *
Article IV. Uses in Public Rights-of-Way
* * *
Division 5. Sidewalk Cafes
* * *
Subdivision II. Permit
* * *
Sec. 82-382. Application.
* * *
b) Application for a permit to operate a sidewalk cafe shall include, but not be limited to, the
following information:
* * *
9) The annual application shall be accompanied by a non- refundable base application fee as set
forth in Appendix A. However, the 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, 2021. 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 2021.
* * *
SECTION 2.That Section 82-383 of Chapter 82 of the Miami Beach City Code is hereby amended
as follows:
* * *
Sec. 82-383. Permit fee; penalties for late payments; review of fee; exception.
(a) The annual permit fee for operation of a sidewalk café shall be as set forth in appendix A
and shall be based on a per square foot calculation of permitted sidewalk area including the
area between the tables and chairs).
(1) Notwithstanding any other paragraphs or provisions of this article; no square footage fee
as required by this section shall be required for the operation of sidewalk cafes north of
63rd Street through and including September 30,2849 2021. The abatement of sidewalk
café square footage fees for businesses north of 63rd Street shall be the subject of a
budget analysis and review by the City Administration by September 30, 2019 2021.
However, a permit must be obtained, and the annual base application fee required by
2
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 cafés in conjunction with the Washington Avenue Pilot Parklet Program, which
program shall terminate on March 31, 2021. Additionally, no square footage fee as
required by this section shall be required for the operation of sidewalk cafés on
Washington Avenue from 6th Street to Lincoln Road for the period ending on September
30, 2017 2021.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 5. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect the o7/ day of 1 'cen,Ger , 2019.
PASSED and ADOPTED this 1/ day of beCem6er , 2019.
ATTEST:
7-al 2-rr `11.`1 Mayor Dan Gelber
Rafae E. Granado, City Clerk
TO
(Sponsored by Vice Mayor Ricky Arriola) APPROVED AS
FORM&LANGUAGE
&FOR CLITION
M8
•
INCORPORATED; Date
c�= Date
City Attomey
/III QcH 2..? '`.._=
Ordinances - R5 C
IAMI BEAH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 11, 2019
10:15 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CITY
CODE, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV,
"USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 5, "SIDEWALK CAFES,"
SUBDIVISION II, SECTION 82-382, ENTITLED "APPLICATION," AND
SECTION 82-383, ENTITLED "PERMIT FEE; PENALTIES FOR LATE
PAYMENT; REVIEW OF FEE; EXCEPTION," TO ABATE SIDEWALK CAFE
FEES FOR BUSINESSES LOCATED NORTH OF 63RD STREET AND
WASHINGTON AVENUE FROM 6TH STREET TO LINCOLN ROAD, FROM
THE EFFECTIVE DATE OF THIS ORDINANCE THROUGH AND
INCLUDING SEPTEMBER 30, 2021; PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends approving the ordinance extending sidewalk café fee waivers
for North Beach and Washington Avenue for an additional two years.
BACKGROUND/HISTORY
The Miami Beach City Code Chapter 82 authorizes the City to charge restaurants with sidewalk
cafés a$150.00 annual permit fee, plus $25.00 per square foot for the café area.
In 1998, pursuant to Ordinance No. 98-3146, sidewalk café fees were abated during the North
Shore construction project and for a year after completion as an economic development
measure. Pursuant to Ordinance No. 2000-3237 adopted on April 12, 2000, the City
Commission extended the fee waiver provisions to September 30, 2001.
On February 26, 2003, the City Commission adopted Ordinance No. 2003-3397 which
reinstated the fee waiver provisions subject to a two-year budget analysis and review by the
Administration. Later that same year, the City Commission adopted Ordinance No. 2003-3423
on July 30, 2003 repealing the Sidewalk Café fee abatement provisions.
At the July 19, 2013 meeting, the City Commission heard Item R9P, "A Discussion To
Immediately Reinstate The Fee Waiver For Sidewalk Cafes In North Beach" and approved a
referral to the Finance and Citywide Projects Committee (FCWPC). In addition, the
Page 313 of 720
Commission requested that a new fee abatement program be established for the square
footage fee on sidewalk café permits issued for locations north of 63rd Street.
Since 2013, the fee waiver for cafes located north of 63rd Street was extended for two years
each, in 2015 and 2017.
Additionally, on April 16, 2016, the Mayor and City Commission adopted Ordinance No. 2016-
4008, which abated sidewalk cafe permit fees for sidewalk cafes located along Washington
Avenue from 6th Street to Lincoln Road until September 30, 2019.
ANALYSIS
In line with the city's strategic plan for prosperity, the attached ordinance extending fee waivers
encourages the revitalization of North Beach and Washington Avenue cafes. To date,
32 establishments in these target areas have benefited from the fee waivers.
Applicable Area
North Beach
Is this a Resident Right to Does this item utilize G.O.
Know item? Bond Funds?
No No
Legislative Tracking
Public Works
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
CI Ordinance
Page 314 of 720