Ordinance 2020-4323 ORDINANCE NO. 2020-4323
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "PUBLIC
PROPERTY," BY AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC
RIGHTS-OF-WAY," BY AMENDING DIVISION 5, ENTITLED "SIDEWALK
CAFES," BY AMENDING SUBDIVISION I, ENTITLED "GENERALLY", BY
AMENDING SECTION 82-371 THEREOF, ENTITLED "CIVIL FINES AND
PENALTIES; DENIAL OF FUTURE PERMITS TO REPEAT VIOLATORS;
ENHANCED PENALTIES," BY SPECIFYING THOSE ENHANCED
PENALTIES TO BE IMPOSED FOR VIOLATIONS OF THE SIDEWALK
CAFÉ CODE OF CONDUCT; AND BY AMENDING SUBDIVISION II,
ENTITLED "PERMIT," BY AMENDING SECTION 82-383 THEREOF,
ENTITLED "PERMIT FEE; PENALTIES FOR LATE PAYMENT; REVIEW
OF FEE; .EXCEPTION," BY AUTHORIZING SIDEWALK CAFE PERMIT
FEES TO BE PAID IN SEMIANNUAL INSTALLMENTS AND ASSESSING
AN ADMINISTRATIVE FEE; AND BY AMENDING SECTION 82-389
THEREOF, ENTITLED, "SIDEWALK CAFÉ CODE OF CONDUCT," BY
CLARIFYING THOSE PROHIBITIONS PERTAINING TO FOOD AND
BEVERAGE DISPLAYS, AND FOOD AND DRINK MENU SPECIALS; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") has authorized the establishment of
sidewalk cafés in order to provide a unique environment for its residents and visitors, which
allows these individuals to relax and enjoy the consumption of food and/or beverage(s)amongst
the City's tropical and vibrant scenery; and
WHEREAS, 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 resort
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, 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,the City recognizes thatsidewalk café operators may need, or desire,to remit
sidewalk café permit fees to the City in installments, rather than in a single lump sum; and
WHEREAS, those business establishments seeking to operate sidewalk cafés are also
subject to certain identifiable standards, criteria, requirements, and conditions; and
WHEREAS, the Administration has found that the forbidding of food and beverage menu
specials and displays in the sidewalk café permit areas and rights-of-way will further reduce the
proliferation of unsightly and tacky signage and displays, which have become abundant
throughout certain areas of the City, and will supply more space on the City's sidewalks for
pedestrian access and proper utilization; 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; and
WHEREAS, as part of its periodic,continuous review of the Sidewalk Café Ordinance,the
Administration has determined that certain modifications to those enhanced penalties provisions,
as delineated in Section 82-371(b), and applicable to the Sidewalk Code of Conduct, are
necessary; and
WHEREAS, the amendments set forth below are necessary to accomplish the objectives
identified above.
NOW,THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That those Sections of the City's Sidewalk Café Ordinance, as such Ordinance is
codified in Section 82-371 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
* * *
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.
2
(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.
(b) Enhanced penalties. The following enhanced penalties - - - -- - - -- -. - - --
are authorized:
(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 permittee incurred
the aforestated violations.
(2) For life safety violations of this division and site plan violations, 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; has occurred.
(3) For life safety violations of this division, the city manager shall be authorized to
commence proceedings, pursuant to Section 102-381 or 102-383 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 has occurred.
(4) For violations of the Sidewalk Café Code of Conduct, as set forth in Section 82-389, the
. e
- . _ - -- •_: - __ - e_- _ _ '_ ___ --__ - _ . following suspension and
revocation penalties shall be imposed:
Second violation within the preceding 12 months: Suspension of the sidewalk
café permit for 24 hours.
fill Third violation within the preceding 12 months: Suspension of the sidewalk
café permit for one weekend (Saturday and Sunday).
fpj Fourth violation within the preceding 12 months: Revocation of the sidewalk
café permit for the remaining portion of the permit year.
Code of Conduct has occurred.
(5) 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,
3
and violations of Sections 82-385(v), (w), and (x) 82-389. 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.
*
SECTION 2. That those Sections of the City's Sidewalk Café Ordinance, as such Ordinance is
codified in Sections 82-383 and 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 II. Permit
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) 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, 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) No square footage fee as required by this section shall be required for the operation of
sidewalk cafes that contain up to 30 seats within the Collins Park Arts District Overlay,,
4
as defined in Section 142-584 hereof are exempt from paying the square foot fee
identified herein.
(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). If the permit
fee exceeds $2,000.00, the fee may be paid in two, equal semiannual installments, with the
first installment due on or before October 1, and the second installment due on or before April
1. An administrative fee, equaling 2% of the total permit fee, shall be assessed on all permit
fees which are paid in semiannual installments, and such 2%administrative fee shall be paid
in full at the time the first installment payment is made. 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 City Commission may review the annual permit fee 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.
Secs. 82-389. Sidewalk Café Code of Conduct
Sidewalk café permittees must comply with those requirements set forth below in the Sidewalk
Café Code of Conduct,which is supplemental to,and in addition to,all other standards,criteria
and conditions herein regulating sidewalk cafes, and is not intended to amend, repeal or
replace any other provision of Chapter 82,Article IV, Division 5. A sidewalk café operator that
fails to comply with any provision(s)of the Sidewalk Café Code of Conduct,as set forth herein,
may be prohibited from operating pursuant to those enhanced penalties identified within
subsection 82-371(b).
(a)A sidewalk cafe must display or disclose, in writing, actual prices for food and drink menu
item(s),and display or disclose, in writing,actual prices and accurate terms and conditions
for any food and drink menu special(s). The displayed price for the food or drink menu
item(s) or food and drink menu special(s) (and, if applicable, the terms and conditions for
any food and drink menu special(s))must be 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 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 design guidelines. All menu prices must be displayed
in numeric format. A sidewalk cafe may not charge a price that is greater than the price
5
displayed or disclosed for any food or drink menu item(s)or food or drink menu special(s).
In the event that a sidewalk cafe patron makes a unique or special request for a food or
drink menu item not listed on the menu, the sidewalk cafe must disclose, to the patron,
the price of the unique or specially requested food or drink menu item, prior to agreeing to
prepare the food or drink menu item. A menu that prominently displays the name of the
sidewalk cafe operator; actual prices for food and drink menu item(s) and for food and
drink menu special(s); and, if applicable, accurate terms and conditions for any food and
drink menu special(s) must be provided to each sidewalk cafe patron.
(b) A sidewalk cafe that automatically includes a gratuity, service charge, minimum charge,
corkage fee, set up fee, sharing fee or charge, or other similar charge, either in the price
of the meal or drink or separately imposed for all items ordered, must display the actual
amount of each such gratuity, charge, and fee on the menu and on the face of the
customer's bill. This disclosure serves to provide the customer notification that an,
automatic gratuity, charge, and/or fee is being included by the sidewalk cafe operator.The
disclosure of each gratuity, charge, and fee within the menu must not be smaller than 14-
point font, and the disclosure within the bill must not be smaller than 12-point font.
(c) A sidewalk cafe that includes a gratuity or tip as a charge must separately itemize and
state the actual amount of this charge on the face of the customer's bill and receipt, and
such gratuity or tip must only be calculated based on the pre-tax sale amount of the food
or drinks. A sidewalk cafe operator that includes a service charge, minimum charge,
corkage fee, set up fee, sharing fee or charge, or any other similar charge, must itemize
and separately state the actual amount of such charges on the face of the customer's bill
and receipt. Service charges, minimum charges, corkage fees, set up fees, sharing fees
or charges, or other similar charges imposed 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 on the face of the customer's bill and receipt, and
must label such taxes accurately.
(d) There shall be no live entertainment or speakers placed in the sidewalk café permit area
unless expressly permitted as a special event issued by the city's events office.
(e) No food preparation,food storage, expanded polystyrene food service articles, single-use
plastic beverage straws, single-use plastic stirrers, refrigeration apparatus or equipment,
or fire apparatus or equipment, shall be allowed on the right-of-way. In addition, expanded
polystyrene food service articles, single-use plastic beverage straws, and single-use
plastic stirrers shall not be provided to sidewalk cafe patrons.
(1)Exception.The provisions in this subsection shall not restrict a sidewalk cafe operator
from providing a beverage with, or offering the use of, a single-use plastic beverage
straw or single-use plastic stirrer to an individual with a disability or medical condition
that impairs the consumption of beverages without a single-use plastic beverage
straw or single-use plastic stirrer.
(f) Single-use carry out plastic bags shall not be allowed in the right-of-way and shall not be
provided to sidewalk café patrons.
6
(g) No food and/or beverage display(s) shall be permitted in any sidewalk café permit area
and/or on the public right-of-way, nor shall any food and/or beverage display(s) be
maintained within the restaurant/business establishment's premises in such a way that the
placement of such display(s) is/are clearly visible from the sidewalk café permit area
and/or the public right-of-way.
(h) Except as provided in Subsection 82-385(n)(1), specials board(s) shall be prohibited in all
sidewalk café permit areas and any other portion of the public right-of-way, and no food
or drink special(s) may be displayed, disclosed, or posted on any menu board or sandwich
board sign, pursuant to Section 82-385(n). Nor shall-any Food or drink menu special(s)
shall not be displayed,disclosed,posted or permitted to remain in any sidewalk café permit
area and/or the public right-of-way, except at a table presently occupied by a customer;
nor shall any food or drink menu special(s) be displayed, disclosed or posted within the
restaurant/business establishment's premises in such a way that the placement of such
display, disclosure, or posting is clearly visible from the sidewalk café permit area and/or
the public right-of-way.
(i) Sidewalk café permittees on Ocean Drive, between 5th Street and 15th Street, including
every manager and every employee assigned to work in the sidewalk cafe permit area,
must successfully complete a hospitality training program that has been previously
approved by resolution of the mayor and city commission. Within one year of completing
such program, and each year thereafter, every manager and every employee assigned to
work in the sidewalk cafe permit area shall complete an abbreviated version of the same
hospitality training program. Sidewalk cafe permittees shall:
(1) Maintain records on premises evidencing compliance with this subsection (i), and
(2) Submit to the city manager, on an annual basis, the affidavit specified in Section 82-
382(b)(18).
a) Sidewalk café operators located on Ocean Drive, between 5th Street and 15th Street; on
Lincoln Road between Washington Avenue and Alton Road; and on Espanola Way
between Washington Avenue and Drexel Avenue, shall not:
(1)Solicit any pedestrian(s) located on the sidewalk abutting a sidewalk café permit area,
or on the right of way within twenty (20) feet of the outer perimeter of a sidewalk café
permit area, for the purpose of inducing such pedestrian to patronize any business
establishment or sidewalk café, or purchase any food, beverage, product, or service,
unless the pedestrian first affirmatively communicates a desire to receive information
about the sidewalk cafe's food, beverages, products, or services;
(2) Distribute any commercial handbill(s) to any pedestrian(s) located on the sidewalk
abutting a sidewalk café permit area, or on the right of way within twenty (20) feet of
the outer perimeter of a sidewalk café permit area, unless the pedestrian first
affirmatively communicates a desire to receive information about the sidewalk café's
food, beverages, products, or services; and/or
(3) Hold or display any commercial handbill(s) in such a way that impedes, hinders,
delays, or obstructs any pedestrian's(s') gait or path of travel.
7
* * *
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, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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 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 6. EFFECTIVE DATE.
This Ordinance shall take effect on the aS day of J4httccilf , 2019.
PASSED AND ADOPTED this /5 day of J OP/Italy , 2019.
ATTEST: 4,29L--
Dan Gelber, Mayor
7X1 % 271 ,
Rafael E. Grana o, City Clerk
(Sponsored by Mayor Dan Gelber)
. APPR•- TO
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Ordinances-R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: January 15, 2020
0:10 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 CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "PUBLIC PROPERTY,"
BY AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-
WAY," BY AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFES," BY
AMENDING SUBDIVISION I, ENTITLED "GENERALLY", BY AMENDING
SECTION 82-371 THEREOF, ENTITLED "CIVIL FINES AND PENALTIES;
DENIAL OF FUTURE PERMITS TO REPEAT VIOLATORS; ENHANCED
PENALTIES," BY SPECIFYING THOSE ENHANCED PENALTIES TO BE
IMPOSED FOR VIOLATIONS OF THE SIDEWALK CAFÉ CODE OF
CONDUCT;AND BYAMENDING SUBDIVISION II, ENTITLED "PERMIT," BY
AMENDING SECTION 82-383 THEREOF, ENTITLED "PERMIT FEE;
PENALTIES FOR LATE PAYMENT; REVIEW OF FEE; EXCEPTION," BY
AUTHORIZING SIDEWALK CAFE PERMIT FEES TO BE PAID IN
SEMIANNUAL INSTALLMENTS AND ASSESSING AN ADMINISTRATIVE
FEE; AND BY AMENDING SECTION 82-389 THEREOF, ENTITLED
"SIDEWALK CAFÉ CODE OF CONDUCT," BY CLARIFYING THOSE
PROHIBITIONS PERTAINING TO FOOD AND BEVERAGE DISPLAYS,
AND FOOD AND DRINK MENU SPECIALS; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The above-referenced Ordinance, which was approved on First Reading by the City
Commission at the December 11, 2019 Commission meeting, is hereby submitted for Second
Reading/Public Hearing at the City Commission meeting on January 15, 2020.
Applicable Area
Not Applicable
Is this a Resident Right to Does this item utilize G.O.
Know item? Bond Funds?
No No
Legislative Tracking
Page 823 of 1618
Office of the City Attorney
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
o Commission Memo Re Ch. 82, Sidewalk Cafes- Permit Fees/Displays Prohibitions
❑ Ordinance Re Ch. 82, Sidewalk Cafes- Permit Fees/Displays Prohibitions
Page 824 of 1618
,`' A /t • BEACH •
City of Miami Reach, 1700 Convention Center Drive. Miami Beach, Florida 33139, www.miamibecchfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber
Members of the City Commis 'on First Reading
• - Jimmy L. Morales, City . a
FROM: Raul J. Aguila, City A o • o�
DATE: December 11, 2019
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF
THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED
"PUBLIC PROPERTY," BY AMENDING ARTICLE IV, ENTITLED"USES
IN PUBLIC RIGHTS-OF-WAY," BY AMENDING DIVISION 5, ENTITLED
"SIDEWALK CAFES," BY AMENDING SUBDIVISION I, ENTITLED
"GENERALLY", BY AMENDING SECTION 82-371 THEREOF,
ENTITLED "CIVIL FINES AND PENALTIES; DENIAL OF FUTURE
PERMITS TO REPEAT VIOLATORS; ENHANCED PENALTIES," BY
SPECIFYING THOSE ENHANCED PENALTIES TO BE IMPOSED FOR
' VIOLATIONS OF THE SIDEWALK CAFÉ CODE OF CONDUCT; AND
BY AMENDING SUBDIVISION II,ENTITLED "PERMIT," BY AMENDING
SECTION 82-383 THEREOF, ENTITLED "PERMIT FEE; PENALTIES
FOR LATE PAYMENT; REVIEW OF FEE; EXCEPTION," BY
AUTHORIZING SIDEWALK CAFÉ PERMIT FEES TO BE PAID IN
SEMIANNUAL INSTALLMENTS AND ASSESSING AN
ADMINISTRATIVE FEE; AND BY AMENDING SECTION 82-389
THEREOF, ENTITLED "SIDEWALK CAFÉ CODE OF CONDUCT," BY
CLARIFYING THOSE PROHIBITIONS PERTAINING TO FOOD AND
BEVERAGE DISPLAYS, AND FOOD AND DRINK MENU SPECIALS;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
The proposed Ordinance, which is sponsored by Mayor Dan Gelber, is submitted for first
reading at the December 11, 2019 meeting of the City Commission.
The City of Miami Beach ("City') has authorized the establishment of sidewalk cafés in
order to provide a unique environment for its residents and visitors, which allows these
individuals to relax and enjoy the consumption of food and/or beverage(s) amongst the
City's tropical and vibrant scenery.
Page 825 of 1618
It iseffectalso, the importantproposed Ordinance to recognize that aclarifies sidewalktheprohibition cafe permitforbidding is a privilegefood and
and notba righteverage,
and the approval, issuance and continued operation of a permitted sidewalk café is
conditional at all times. However, as identified in the proposed Ordinance, the City
acknowledges that certain sidewalk café operators may need, or desire, to remit the
annual sidewalk café permit fee to the City in two (2) installment payments, rather than in
a single lump sum.
Furthermore, those business establishments seeking to operate sidewalk cafés are also
subject to certain identifiable standards, criteria, requirements, and conditions. To that
menu specials and displays in the sidewalk café permit areas and public rights-of-way,
which will further reduce the proliferation of unsightly and tacky signage and displays, that
have become abundant throughout certain areas of the City, and will supply more space
on the City's sidewalks for pedestrian access and proper utilization.
The City Commission has also previously 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.
Accordingly, as part of its periodic, continuous-review of the Sidewalk Café Ordinance,
the City Administration has determined that certain modifications to those enhanced
penalties provisions, as delineated in Section 82-371(b), and applicable to the Sidewalk
Code of Conduct, are necessary.
Therefore, upon consideration at first reading, it is recommended that the Mayor and City
Commission pass the Ordinance to aid in ensuring that sidewalk cafés in the City operate
at the highest possible standards, befitting of the City of Miami Beach, and further provide
sidewalk cafe operators with the option to remit their sidewalk café permit fees to the City
in installment payments.
Page 826 of 1618