Resolution 2021-31631 RESOLUTION NO. 2021-31631
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY
MANAGER TO SUSPEND OR PRORATE ANNUAL SIDEWALK
CAFÉ PERMIT FEES FOR THE PERIOD OF TIME
COMMENCING ON APRIL 1, 2021, THROUGH AND INCLUDING
SEPTEMBER 30, 2021, PURSUANT TO CITY CODE SECTION
82-383(B) AND THE CITY'S DECLARATION OF A STATE OF
EMERGENCY, DATED MARCH 12, 2020, IN RESPONSE TO THE
COVID-19 PANDEMIC.
WHEREAS, City Code Section 82-383(b) provides that the City Manager may, "in his
reasonable discretion and judgment, . . . suspend or prorate the annual permit fee in cases of
public construction or public emergency situations"; and
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 issued various Emergency
Orders temporarily closing public and private facilities, including the temporary closure of all non-
essential retail and commercial establishments, and the closure of all restaurants for in-person
dining; and
WHEREAS, the foregoing measures 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, several months of business closures and significant reductions to indoor
occupancy have placed severe financial strain on many restaurants in the City; and
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WHEREAS, on May 13, 2020, the Mayor and City Commission adopted Resolution No.
2020-31275, directing the City Manager to suspend or prorate annual sidewalk café permit fees
through September 30, 2020, pursuant to City Code Section 82-383(b) and the City's Declaration
of a State of Emergency, dated March 12, 2020, in response to the COVID-19 pandemic; and
WHEREAS, additional extensions were adopted on September 16, 2020, via Resolution
No. 2020-31405, for the period of time commencing on October 1, 2020, through and including
December 31, 2020; and on December 9, 2020, via Resolution No. 2020-31523 for the period
commencing on January 1, 2021 through and including March 31, 2021; and
WHEREAS, the Administration would like to request another extension to suspend or
prorate annual sidewalk café permit fees through the end of the fiscal year, which is September
30, 2021 in order to continue to promote business operations and economic recovery in the City.
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 direct the City Manager to suspend or prorate annual sidewalk café permit fees for the
period of time commencing on April 1, 2021, through and including September 30, 2021, pursuant
to City Code Section 82-383(b) and the City's Declaration of a State of Emergency, dated March
12, 2020, in response to the COVID-19 pandemic.
PASSED and ADOPTED this 17th day of March, 2020.
ATTEST:
Dan Gelber, Mayor
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Rafael 2Granado, City Clerk
AP'P• DASTO
IN�ORP QRdTED - '0R I & • GUAGE
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• Attorney
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Resolutions - C7 R
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, interim City Manager
DATE: March 17, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY MANAGER TO
SUSPEND OR PRORATE ANNUAL SIDEWALK CAFE PERMIT FEES FOR
THE PERIOD OF TIME COMMENCING ON APRIL 1, 2021, THROUGH AND
INCLUDING SEPTEMBER 30, 2021, PURSUANT TO CITY CODE SECTION
82-383(B)AND THE CITY'S DECLARATION OF A STATE OF EMERGENCY,
DATED MARCH 12, 2020, IN RESPONSE TO THE COVID-19 PANDEMIC.
RECOMMENDATION
The Administration recommends approving an additional extension to suspend or prorate
sidewalk cafe permii fees for the period commencing on April 1, 2021 through and including
September 30, 2021 in order to continue to promote business operations and economic
recovery.
BACKGROUND/HISTORY
City Code Section 82-383(b) provides that the City Manager may, "in his reasonable discretion
and judgment, . . . suspend or prorate the annual permit fee in cases of public construction or
public emergency situations"
On March 11, 2020, the World Health Organization declared the rapidly spreading novel
coronavirus ("COVID- 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 ("COVI D- 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 nonessential retail and commercial establishments, and the closure of all
restaurants for in-person dining.
ANALYSIS
The foregoing measures have greatly limited economic activity in the City of Miami Beach, and
continue to adversely impact City businesses, including restaurants. The path to re-opening
businesses in the City must promote business operation and economic recovery while
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safeguarding the public's health and safety.
Several months of business closures and significant reductions to indoor occupancy have
placed severe financial strain on many restaurants in the City.
On May 13, 2020, the Mayor and City Commission adopted Resolution No. 2020-31275,
directing the City Manager to suspend or prorate annual sidewalk cafe permit fees through
September 30, 2020, pursuant to City Code Section 82-383(b) and the City's Declaration of a
State of Emergency, dated March 12, 2020, in response to the COVID-19 pandemic.
Additional extensions were adopted on September 16, 2020, via Resolution No. 2020-31405,
for the period of time commencing on October 1, 2020, through and including December 31,
2020; and on December 9, 2020, via Resolution No. 2020-31523 for the period commencing
on January 1, 2021 through and including March 31, 2021.
The Administration would like to request another extension to suspend or prorate annual
sidewalk café permit fees through the end of the fiscal year, which is September 30, 2021 in
order to continue to promote business operations and economic recovery in the City.
SUPPORTING SURVEY DATA
Results from the 2019 Resident Survey regarding Satisfaction with Perceptions of the City
show that 47% of residents rated City efforts to plan for growth as very satisfied/satisfied. In
order to continue maintaining excellent standards in this area, the City recommends approving
an extension to suspend or prorate annual sidewalk cafe permit fees.
FINANCIAL INFORMATION
Based on the current active sidewalk café permits, the impact on revenue for Fiscal Year 20/21
is the following:
Application Fee: $ 19,875
Permit Fee: $1,547,316
Total: $1,567,191
CONCLUSION
The Administration recommends approving an additional extension to suspend or prorate
sidewalk cafe permit fees for the period commencing on April 1, 2021 through and including
September 30, 2021 in order to continue to promote business operations and economic
recovery.
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
Legislative Tracking
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Public Works
Sponsor
Commissioner Steven Meiner
ATTACHMENTS:
Description
❑ Resolution
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