Resolution 2020-31406RESOLUTION NO. 2020-31406
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING
THE DURATION OF THE "RESTAURANT RECOVERY
OUTDOOR SEATING PILOT PROGRAM," AS
ESTABLISHED BY RESOLUTION NO. 2020-31276,
THROUGH DECEMBER 31, 2020, WHICH PROGRAM
TEMPORARILY ALLOWS RESTAURANTS TO EXPAND
SIDEWALK CAFÉ SEATING AREAS ONTO PUBLIC
RIGHTS-OF-WAY, OR OTHER OUTDOOR SEATING
AREAS ON PRIVATE PROPERTY, VIA SPECIAL EVENT
PERMITS ISSUED PURSUANT TO SECTION 12-5 OF THE
CITY CODE, WITH ANY SUCH PERMITS SUBJECT TO
EACH REST AU RANT OPERA TOR'S COMPLIANCE WITH
(1) APPLICABLE PROVISIONS OF THE CITY'S
SIDEWALK CAFÉ ORDINANCE, AS SET FORTH IN
CHAPTER 82, ARTICLE IV, DIVISION 5 OF THE CITY
CODE; AND (2) SOCIAL DISTANCING AND SANITATION
REQUIREMENTS OR GUIDELINES IMPOSED BY THE
STATE OF FLORIDA, MIAMI-DADE COUNTY, AND CITY
OF MIAMI BEACH UNDER ANY APPLICABLE
EMERGENCY ORDER.
WHEREAS, coronavirus disease 2019 ("COVID-19"), a severe acute respiratory
illness caused by the SARS-CoV-2 virus that can spread rapidly from person to person
and cause serious illness or death, constitutes a clear and present threat to the lives,
health, welfare and safety of the people of the City of Miami Beach; and
WHEREAS, on March 9, 2020, Governor Ron Desantis issued Executive Order
20-52, declaring a state of emergency for the entire State of Florida as a result of COVID-
19; and
WHEREAS, on March 11, 2020, the World Health Organization declared the
rapidly spreading coronavirus outbreak a pandemic; and
WHEREAS, on March 12, 2020, Miami-Dade County Mayor Carlos Gimenez
declared a State of Emergency for all of Miami-Dade County due to the threats associated
with COVID-19; and
WHEREAS, on March 12, 2020, the City Manager for the City of Miami Beach
declared a State of Emergency for the City of Miami Beach, as COVID-19 poses a health
risk to the City's residents; and
WHEREAS, subsequently, both the County and the City have issued a number of
Emergency Orders temporarily closing and/or imposing restrictions on public and private
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facilities, including temporary closures, occupancy limits, and other restrictions applicable
to restaurants; and
WHEREAS, the foregoing restrictions have greatly limited economic activity in the
City of Miami Beach, and continue to adversely impact City businesses, including
restaurants; and
WHEREAS, the path to re-opening businesses in the City must promote business
operation and economic recovery while safeguarding the public's health and safety; and
WHEREAS, significant reductions to indoor occupancy have placed financial strain
on many restaurants in the City; and
WHEREAS, on May 13, 2020, the City Commission adopted Resolution No. 2020-
31276, establishing the Restaurant Recovery Outdoor Seating Pilot Program (the
"Program") to create opportunities for restaurants to expand their footprint to mitigate the
loss of seating associated with implementing social distancing requirements, in
compliance with all applicable State, County, and City Emergency Orders, provided that
each restaurant's then-existing total seating capacity is not exceeded; and
WHEREAS, the Program temporarily allows restaurants to expand sidewalk café
seating areas onto public rights-of-way, or other outdoor seating areas on private
property, subject to the Administration's review and approval of the proposed site plan for
the expanded area(s) to ensure all public safety and public access issues are
appropriately addressed, and further subject to the restaurant operator's compliance with
(1) applicable provisions of the Sidewalk Café Ordinance (set forth in Chapter 82, Article
IV, Division 5 of the City Code); and (2) social distancing and sanitation guidelines or
requirements imposed by the State of Florida, Miami-Dade County, and City of Miami
Beach in any emergency order issued to prevent the further spread of COVID-19; and
WHEREAS, pursuant to Resolution 2020-31276, the Program is set to expire on
September 30, 2020; and
WHEREAS, the Mayor and City Commission now desire to extend the duration of
the Program through December 31, 2020; and
WHEREAS, the terms of the Program are set forth in Exhibit "A" to this Resolution,
and incorporated by reference herein.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby extend the duration of the "Restaurant Recovery Outdoor Seating
Pilot Program," as established by Resolution No. 2020-31276, through December 31,
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2020, which Program temporarily allows restaurants to expand sidewalk café seating
areas onto public rights-of-way, or other outdoor seating areas on private property, via
special event permits issued pursuant to Section 12-5 of the City Code, with any such
permits subject to each restaurant operator's compliance with (1) applicable provisions of
the Sidewalk Café Ordinance, as set forth in Chapter 82, Article IV, Division 5 of the City
Code; and (2) social distancing and sanitation guidelines imposed by the State of Florida,
Miami-Dade County, and the City of Miami Beach.
PASSED and ADOPTED this 16th day of September, 2020.
ATTEST:
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Dan Gelber, Mayor
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City Attorney
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E X H IB IT "A "
R E S T A U RA N T R E C O V E R Y O U T D O O R S E A T IN G P IL O T P R O G RA M
1. Pilot program. The Restaurant Recovery Outdoor Seating Pilot Program
(the "Program") shall be implemented via special event permits pursuant to
Section 12-5 of the City Code. Permits under the Program shall be separate
from, and shall not otherwise alter or amend the terms of, any existing
sidewalk café permits issued pursuant to Chapter 82, Article IV, Division 5
of the City Code (the "Sidewalk Café Ordinance"). The permit shall
authorize a restaurant to expand sidewalk café seating areas onto approved
public rights-of-way, or other outdoor seating areas on private property,
provided the restaurant's then-existing total seating capacity (including
indoor and outdoor seating) is not exceeded. The purpose of this Program
is to mitigate the loss of revenue-generating seating associated with
implementing social distancing requirements.
2. Duration of permit and periodic review. Each special event permit issued
pursuant to the Program shall terminate no later than December 31, 2020,
unless the Program is extended by the City Commission. At the expiration
of the Program, the City Manager shall present a written report to the City
Commission tracking the implementation of this Program, and the City
Commission may, in its discretion, extend the term or otherwise modify the
provisions of this Program.
3. Application. Applicants wishing to participate in the Program must submit
a completed special event permit application to the Public Works Director.
Each application must be accompanied by a sworn affidavit, signed by the
applicant, acknowledging and agreeing to comply with all applicable
provisions of the City Code, of this Resolution, and any Federal, State,
County, or City law or emergency order (including without limitation Miami-
Dade County Emergency Order 28-20 ["County EO 28-20"], and including
the Handbook attached to County EO 28-20 as Exhibit A). As to requests
for expansion on private property, the owner of the property shall be
required to sign the application as a co-applicant.
4. Waiver of fees. No special event application fee or permit fee shall be
required to operate expanded outdoor seating areas pursuant to the
Program.
5. Occupancy. In no event shall any expansion of a restaurant's seating
capacity exceed its then-existing total aggregate capacity for indoor and
outdoor seating.
6. Social distancing and sanitation guidelines. Permittees shall at all times
comply with social distancing and sanitation guidelines or requirements
imposed by the State of Florida, Miami-Dade County, or City of Miami
Beach in any Emergency Order, including County EO 28-20, and including
the Handbook attached to County EO 28-20 as Exhibit A.
7. Site plan review.
a. Each applicant shall be required to submit a proposed site plan
showing the layout and dimensions of the proposed seating
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area(s); proposed location, size, and number of tables, chairs, and
any other furniture; any ramps, paths, pedestrian push buttons,
fixtures, or any other features required by any applicable
accessibility codes including, without limitation, the Americans with
Disabilities Act ("AD A") or State code provisions addressing
accessibility for building construction; 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 fixtures, furnishings and/or
other obstruction(s) within the proposed expanded outdoor seating
area.
b. The site plan shall be subject to the approval of the Public Works
Director prior to the issuance of a permit, to ensure that any site-
specific conditions or issues are appropriately addressed, and that
the expansion will not compromise public safety, pedestrian and
vehicular traffic, or any required public access. The permit shall be
specifically limited to the subject area shown on the approved site
plan.
c. With respect to any site plan requesting a street or lane closure,
the City Manager (or designee) shall have the sole and absolute
discretion (subject to County approval, if required) to determine
whether and which parts of public rights-of-way may be closed to
pedestrian or vehicular traffic, or parking, in order to accommodate
outdoor seating areas pursuant to this Program.
8. Compliance with Sidewalk Café Ordinance. Permittees shall at all times
abide by applicable provisions of the City's Sidewalk Café Ordinance,
subject to the following exceptions:
a. Sidewalk café furniture, as defined in Section 82-366, shall be
limited to tables, chairs, umbrellas (with a base of weights rated to
resist winds of up to 35 miles per hour) and planters only. No other
furniture will be allowed.
b. Notwithstanding the provisions of Section 82-385(r) of the City
Code, the use of floor fans and extension cords on the public right-
of-way shall be prohibited. Any lighting on the public right-of-way
shall be cordless and battery-operated.
9. Compliance with all other applicable laws. Permittees shall at all times
comply fully with all applicable Federal, State, County, or City laws
(including the Land Development Regulations of the City Code).
10. Indemnification. Permittees shall be required to indemnify, defend, save,
and hold harmless the City from any and all claims, liability, lawsuits,
damages, and causes of action which may arise out of the permit or the
permittee's activities on public rights-of-way or in expanded outdoor seating
areas on private property.
11. Insurance. Permittees shall be required to maintain, for the entire term of
the permit, certain insurance requirements (subject to the approval of the
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C ity's P u b lic W o rks D ire cto r an d /o r R isk M a n a g e r), an d sh a ll ad d itio n a lly be
re q u ire d to list the C ity as an ad d itio na l in su re d pa rt y.
12 . Enforcement I Termination of the Permit. In addition to the enforcement
and penalty provisions set forth in Section 12-5 of the City Code and/or the
Sidewalk Café Ordinance, the Permit shall be revocable and terminable at
any time if the City Manager determines it is in the public interest to do so.
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Resolutions - C7 AB
MIAMI BEACH
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Honorable Mayor and Members of the City Commission
Jimmy L. Morales, City Manager
September 16, 2020
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, EXTENDING THE DURATION OF THE
"RESTAURANT RECOVERY OUTDOOR SEATING PILOT PROGRAM," AS
ESTABLISHED BY RESOLUTION NO. 2020-31276, TH ROUGH DECEMBER
31, 2020, WHICH PROGRAM TEMPORARILY ALLOWS RESTAURANTS TO
EXPAND SIDEWALK CAFÉ SEATING AREAS ONTO PUBLIC RIGHTS-OF-
WAY, OR OTHER OUTDOOR SEATING AREAS ON PRIVATE PROPERTY,
VIA SPECIAL EVENT PERMITS ISSUED PURSUANT TO SECTION 12-5
OF THE CITY CODE, WITH ANY SUCH PERMITS SUBJECT TO EACH
RESTAURANT OPERATOR'S COMPLIANCE WITH (1) AP PLICABLE
PROVISIONS OF THE CITY'S SIDEWALK CAFÉ ORDINANCE, AS SET
FORTH IN CHAP TER 82, ARTICLE IV, DIVISION 5 OF THE CITY CODE;
AND (2) SOCIAL DISTANCING AND SANITATION REQUIREMENTS OR
GUIDELINES IMPOSED BY THE STATE OF FLORIDA, MIAMI-DADE
COUNTY, AND CITY OF MIAMI BEACH UNDER ANY APPLICABLE
EMERGENCY ORDER.
... .. . . ··-·-·-· -·-·-··· ········-·---
RECOMMEND AT ION
The Administration recommends approving the Resolution.
BACKGROUND/HISTORY
On March 11, 2020, the World Health Organization declared the rapidly spreading novel
coronavirus ("COVI D- 19") a pandemic, acknowledging what seemed clear - the virus would
likely spread to all countries on the globe.
The rate of infection throughout the world and in the US accelerated rapidly, grinding most
markets and businesses around the globe to a halt. In order to limit the spread of the novel
coronavirus ("COVID- 19"), subsequently, both Miami-Dade County and the City issued various
Emergency Orders temporarily closing public and private facilities, including the temporary
closure of all noressential retail and comm ercial establishments and the closure of all
restaurants for in person dining. The foregoing closures had greatly limited economic activity in
the City of Miami Beach and continued to adversely impact City businesses, including
restaurants .
ANALY SIS
Page 610 of 1855
On May 13, 2020, the City Commission adopted Resolut ion No. 2020-31276, establishing the
Restaura nt Recovery O utdoor Seating Pilot Pro gra m (th e "Pro gram ") to create opportunities for
restaurants to exp and their footprint to mitigate the loss of seating associated wi th im plem enting
social distancing require ments, in compliance wi th all applicable State, County , and City
Emergency O rd ers, provided that each re staura nt's then existing tota l seating capacity is not
exceeded.
The Program temporarily allows restaurants to expand sidewalk café seating areas onto public
rights-of-way or other outdoor seating areas on private property, subject to the Administration's
review and approval of the proposed site plan for the expanded area(s) to ensure all public
safety and public access issues are appropriately addressed and further subject to the
restaurant operator's compliance with (1) applicable provisions of the Sidewalk Café Ordinance
(set forth in Chapter 82, Article IV, Division 5 of the City Code); and (2) social distancing and
sanitation guidelines or requirements imposed by the State of Florida, Miami-Dade County, and
City of Miami Beach in any emergency order issued to prevent the further spread of COVID-19.
Pursuant to Resolution 2020-31276, the Program is set to expire on September 30, 2020. The
Mayor and City Commission now desire to extend the duration of the Program through
December 31, 2020. The terms of the Program are set forth in Exhibit "A" to the Resolution.
CONCL USION
The Administration recommends approving the Resolution.
Applicable Area
South Beach
Is this a "Residents Right
to Know" item, pursuant to
City Code Section 2-14?2
Yes
Legislative Tracking
Public Works
Sponsor
Commissioner Michael Gongora
Does this item utilize G.O.
Bond Funds?
No
ATTACHMENTS:
Description
Resolution
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