Resolution 2021-31549 RESOLUTION NO. 2021-31549
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD AND QUALITY OF LIFE COMMITTEE AT ITS DECEMBER
16, 2020 MEETING, DIRECTING THE CITY ADMINISTRATION TO ALLOW
SIDEWALK CAFE PERMITEES TO CONTINUE TO OPERATE PURSUANT
TO THEIR EXISTING SIDEWALK CAFE PERMITS; EXTENDING SUCH
PERMITS (COMMENCING RETROACTIVELY FROM JANUARY 1, 2021), ON
A MONTH-TO-MONTH BASIS, UNTIL SUCH TIME AS HEIGHTENED
IDENTIFIABLE CRITERIA IS DEVELOPED FOR THE APPROVAL OR
DENIAL OF SIDEWALK CAFE PERMITS.
WHEREAS, the City of Miami Beach ("City") has permitted the establishment and
operation of sidewalk cafés on the City's governmental property, 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, 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.
Additionally, those business establishments granted the privilege to operate a sidewalk café on
the City's property are subject to certain identifiable standards, criteria, requirements, and
conditions; and
WHEREAS, the City issues sidewalk cafe permits for the duration of one (1) year,
effective from October 1 to September 30 of the following calendar year; and
WHEREAS, with regard to the permit year which commenced on October 1, 2019, the
Mayor and City Commission adopted Resolution Nos 2020-31275 and 2020-31405,
respectively, directing the City Manager to suspend or prorate annual sidewalk café permit
fees from May 13, 2020, through September 30, 2020, and October 1, 2020, through
December 31, 2020, respectively; and
WHEREAS, as a result of the ongoing COVID-19 State of Emergency declaration, the
Administration has not renewed the sidewalk café permits for next permit year, but rather
extended the sidewalk café permits for the permit year which commenced on October 1,2019,
through December 31, 2020.
WHEREAS, the Police Citizen Relations Committee at its September 15, 2020 meeting,
expressed concerns regarding the City's approval process for its sidewalk cafe permits, and
urged the Manager and City Commission to enhance the review process of sidewalk cafe permit
applications; and
WHEREAS, the sidewalk cafe permitting process is primarily managed by the Public
Works Department's Right-of-Way Section, and upon submission of those applications; or
renewals of a sidewalk cafe permit, are reviewed pursuant to certain identifiable requirements
and provisions set forth in the City Code; and
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WHEREAS, in order to ensure the thorough review of these applications, the City's
Finance, Code Compliance and Police Department correspondingly assess such applications;
review for any outstanding violations or citations; and determine whether the applications are
deemed compliant for approval and issuance of the sidewalk café permit; and
WHEREAS, the Neighborhood & Quality of Life Committee (NQLC), at its December 16,
2020 meeting, held a discussion regarding concerns related to the sidewalk cafe permitting
approval process; and
WHEREAS, the NQLC made a motion directing the City Administration to allow sidewalk
cafe permitees to continue their operations (for the permit year which commenced on October 1,
2019), on a month-to-month basis, until such time that the City Manager and City Commission
set forth identifiable criteria, which will outline heightened standards to be utilized by the
Administration for the approval of sidewalk cafe permits.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the
recommendation of the Neighborhoods and Quality of Life Committee at its December 16, 2020
meeting, directing the City Administration to allow sidewalk cafe permitees to continue to operate
pursuant to their existing sidewalk cafe permits; extending such permits(commencing retroactively
from January 1, 2021), on a month-to-month basis, until such time as heightened identifiable
criteria is developed for the approval or denial of sidewalk cafe permits.
PASSED and ADOPTED this II day of J YIL , 2021.
DAN GELBER, MAYOR
ATTEST:
RAFA . N O,tITYiCLERK
IN ORPD A ED'
9 cH 26.....
APPROV'D AS TO
FORM&LANGUAGE
&FOR EI;ECUTION
•
City Attorney Date
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Resolutions - C7 S
MIAMI BEACH
COMMISSION
MEMORANDUM
TO: Honorable Mayor and Members of the City
Commission
FROM: Raul J. Aguila, Interim City Managers „„,ICgS-�
DATE: January 13, 2021
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE NEIGHBORHOOD AND QUALITY OF
LIFE COMMITTEE AT ITS DECEMBER 16, 2020 MEETING,
DIRECTING THE CITY ADMINISTRATION TO ALLOW SIDEWALK
CAFE PERMITEES TO CONTINUE TO OPERATE PURSUANT TO
THEIR EXISTING SIDEWALK CAFE PERMITS; EXTENDING SUCH
PERMITS (COMMENCING RETROACTIVELY FROM JANUARY 1,
2021), ON A MONTH-TO-MONTH BASIS, UNTIL SUCH TIME AS
HEIGHTENED IDENTIFIABLE CRITERIA IS DEVELOPED FOR THE
APPROVAL OR DENIAL OF SIDEWALK CAFE PERMITS.
RECOMMENDATION
The Administration supports the NQLC's recommendation to allow sidewalk cafe
permitees to continue to operate pursuant to their existing sidewalk cafe permits, on
a month-to-month basis, commencing retroactively for January 21, 2021, until such
time as heightened identifiable criteria is set forth for the approval or denial of
sidewalk cafe permits.
BACKGROUND/HISTORY
The Police Citizen Relations Committee at its September 15, 2020
meeting, expressed concerns regarding the City's approval of sidewalk cafe permits,
and urged the Manager and City Commission to enhance the review process of
sidewalk cafe permit applications.
The sidewalk cafe permitting process is primarily managed by the Public Works
Department's Right-of-Way Section. Upon submission of these applications, Public
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Works reviews them pursuant to certain identifiable requirements and provisions set
forth in the City Code.
In order to ensure the thorough review of these applications, the City's Finance, Code
Compliance, and Police Department correspondingly assess such applications;
review for any outstanding violations or citations; and determine whether the
applications are deemed compliant for approval and issuance of a sidewalk café
permit.
The Neighborhood & Quality of Life Committee (NQLC), at its December 16, 2020
meeting, held a discussion regarding concerns related to the sidewalk cafe permitting
approval process.
The NQLC made a motion directing the City Administration to allow sidewalk cafe
permitees to continue their operations (for the permit year which commenced on
October 1, 2019), on a month-to-month basis, until such time that the City Manager
and City Commission develop identifiable criteria, which will outline heightened
standards to be utilized by the Administration for the approval of sidewalk cafe
permits.
ANALYSIS
The City has allowed the establishment and operation of sidewalk cafés on the City's
governmental property in order to extend its residents and visitors an environment
where they can relax and enjoy the consumption of food and/or beverage(s) amongst
the City's tropical and vibrant scenery.
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.
Additionally, those business establishments granted the privilege to operate a
sidewalk café on the City's property are subject to certain identifiable standards,
criteria, requirements, and conditions.
The City issues sidewalk cafe permits for the duration of one (1) year, effective from
October 1 to September 30 of the following calendar year.
With regard to the permit year which commenced on October 1, 2019, the Mayor
and City Commission adopted Resolution Nos 2020-31275 and 2020-31405,
respectively,directing the City Manager to suspend or prorate annual sidewalk café
permit fees from May 13, 2020, through September 30, 2020, and October 1, 2020,
through December 31, 2020.
As a result of the ongoing COVID-19 State of Emergency declaration, the
Administration has not renewed the sidewalk café permits for next permit year, but
rather extended the sidewalk café permits for the permit year which commenced
on October 1, 2019, through December 31, 2020.
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SUPPORTING SURVEY DATA
Results from the 2019 Resident Survey show that 69% of resident's perception of
the City with regards to overall quality of City services rated as very satisfied,
satisfied. In order to continue maintaining excellent standards in this area, the
Administration will be in support the NQLC's recommendation to allow sidewalk cafe
permitees to continue to operate pursuant to their existing sidewalk cafe permit on a
month-to-month basis, until such time as identifiable criteria are set forth for the
approval or denial of sidewalk cafe permits.
CONCLUSION
The Administration supports the NQLC's recommendation to allow sidewalk cafe
permitees to continue to operate pursuant to their existing sidewalk cafe permits, on
a month-to-month basis, commencing retroactively on January 21, 2021, until such
time as heightened identifiable criteria is set forth for the approval or denial of
sidewalk cafe permits.
Applicable Area
South Beach
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Neighborhoods - Increase compliance with City code.
Legislative Tracking
Public Works
Sponsor
Commissioner Mark Samuelian and Commissioner Steven Meiner
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