LTC 205-2021 Sidewalk Cafe Report Fiscal Year 2020 & 2021MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. LTC# 205-2021 LETTER TO COMMISSION
TO:
FROM:
Mayor Dan Gelber and Members of the City Commission
Alina T. Hudak, City Manage�
DATE: May 11, 2021
SUBJECT: Sidewalk Cafe Report Fiscal Year 2020/21:
Quarter 1 (October -December 2020) and Quarter 2 (January -March 2021)
This Letter to Commission constitutes the Sidewalk Cafe Report for Quarter 1 (October -December
2020) and Quarter 2 (January 2021 -March 2021) of Fiscal Year 2020/21. On April 11, 2018, the Mayor
and City Commission adopted Ordinance 2018-4294 creating a quarterly reporting requirement for
violations of the Sidewalk Cafe Ordinance specific to subsection 82-389. This subsection encompasses
requirements for the Sidewalk Cafe Code of Conduct including hawking/solicitation, menu price
requirements, automatic gratuity and other charges, and receipt itemization of charges and taxes. See
attachment A for full details.
While the reporting requirement was adopted in April 2018, sidewalk cafe operators were given time to
comply with the menu price requirements. The ordinance was to take effect on July 2, 2018 for the
sidewalk cafes located in the MXE district and on January 1, 2019 citywide. In addition to this ordinance,
menu design guidelines were established which did not become effective in the MXE district until
October 1, 2018 and citywide until January 1, 2019.
On March 8, 2020 the Code Compliance Department's mission was realigned in response to the Corona
Virus pandemic and the subsequent emergency measure orders that directly impacted restaurants and
sidewalk cafes. Effective May 27, 2020 emergency orders permitted food service establishments to
reopen for in-person dining and service at sidewalk cafes with restrictions related to hours of operation,
occupancy, social distancing, and the wearing of masks for patrons and staff. The number of
inspections reflects an obvious increase as inspections would now include educating the sidewalk cafe
operators of the applicable emergency measures, enforcement of these measures and the continuation
of inspections related to the Sidewalk Cafe Code of Conduct.
During Quarter 1 (October -December 2020), 1,267 proactive sidewalk cafe inspections were
conducted resulting in 48 violations issued of which 35 were violations related to the requirements of
this report. Of the remaining 1,219 sidewalk cafe inspections, 10 complied immediately, 6 complied
after receiving a courtesy notice, and 1,203 found no violation was occurring. During this period, the
following violations of the Sidewalk Cafe Code of Conduct were effected:
•10 sidewalk cafes were shut down for 24 hours,
•6 sidewalk cafes were shut down for 48 hours and
•1 sidewalk cafe permit was revoked.
Additionally, seven sidewalk cafes were shut down for 24 hours for violations of Emergency Orders
during this period.
S id e w a lk C a fé R e p o rt F is c a l Y e a r 2 0 2 0 /2 1 : Q u a rt er 1 a n d 2
P a g e 2 of 2
During Quarter 2 (January - March 2021 ), 2,102 proactive sidewalk café inspections were conducted
resulting in eight (8) violations issued of which all were a violation related to the requirements of this
report. Of the remaining 2,094 sidewalk café inspections, four (4) complied immediately, 11 complied
after receiving a courtesy notice, and 2,079 found no violation was occurring. During this period the
following violations of the Sidewalk Café Code of Conduct were effected,
• 2 sidewalk cafés were shut down for 24 hours,
• 1 sidewalk café was shut down for 48 hours and
• 1sidewalk café permit was revoked.
Additionally, eight sidewalk cafés were shut down for 24 hours for violations of Emergency Orders
during this period.
Should you have questions please contact Code Compliance Director Hernan Cardeno.
Attachments:
Attachment A: Section 82-389 Sidewalk Café Code of Conduct
Attachment B: Section 82-371 Civil Fines and Penalties; Denial of Future Permits to Repeat Violators;
Enhanced Penalties.
Attachment C: Violations issued in Quarter 1 (October - December 2020)
Attachment D: Violations issued in Quarter 2 (January - March 2021)
.ad.te.
F:\CODE\$ADM\TCuritore\SIDEWALK CAFE REPORTS\L TC Sidewalk Cafe Report FY20-21 (Q1 - Q2) rev3.docx
ATTA C HM ENT A
Secs. 82- 389. Sidew alk Café Code of C onduct
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 café 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 café menu design guidelines. All menu
prices must be displayed in numeric format. A sidewalk café may not charge a price that is
greater than the price displayed or disclosed for any food or drink menu item(s) or food or drink
menu special(s). In the event that a sidewalk café patron makes a unique or special request for
a food or drink menu item not listed on the menu, the sidewalk café 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
café 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 café patron.
(b) A sidewalk café 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 café 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
café 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 café operator as part of the charges for furnishing, serving, or preparing food
products must be subject to sales tax and surtax. A sidewalk café 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) N o food preparatio n, fo od storage , expa nded po lystyrene fo od se rv ice art icl e s, sin g le -use pla stic
beverage straw s, single-use plastic stirrers, refr ige ratio n appa ratus o r eq u ip m e nt, or fire
apparatus or equipm e nt, shall be allow ed on the rig ht-of-w ay. In ad d itio n , exp a n d e d po lystyre ne
fo od serv ice art icles, single -use plastic beverage straw s, and sing le -use pla stic stirre rs sh a ll no t
be pro vided to sidew alk café patro ns.
(1) Exceptio n. T he provisio ns in this sub se ctio n shall not restrict a sid e w a lk café op e rato r
fr om providing a be verage w ith, or offerin g the use of, a sin g le -use pla stic be ve ra g e
straw or sing le-use pla stic stirrer to an in d ivid ual w ith a disa b ility or m e d ica l co n d itio n
that im pairs the consum ptio n of beve rage s w itho ut a sin g le -use pla stic be ve rage straw
or single-use plastic stirrer.
(f) S ingle-use carry out plastic bags sha ll not be allo w ed in the rig ht-of-w ay and sh a ll no t be
pro vided to sidew alk café patro ns.
(g ) N o fo od and/or beverage display(s) shall be pe rm itted in any side w a lk café pe rm it area an d/o r
on the public right-of-w ay, no r sha ll any fo o d and/o r beverage disp la y(s)be m a inta ined w ithin
the restaurant/business estab lishm e nt's pre m ise s in such a w ay th a t the pla ce m e nt of su ch
display(s) is/are clea rly visib le fr om the side w alk café pe rm it area a n d/o r the pu b lic rig ht-o f-w ay .
(h) Except as pro vided in su bse ctio n 82-385(n )(1 ), spe cials boa rd(s) sh a ll be pro h ib ited in all
sidew alk café pe rm it areas and any other po rt io n of the pub lic rig ht-o f-w a y, an d no fo od or drin k
special(s) m aybe displayed , discl o sed , or po sted on any m e nu bo a rd or sa n dw ich bo a rd sig n ,
pursuant to subsectio n 82 -38 5(n). Food or drin k m e nu spe cia l(s) sh a ll no t be disp la yed ,
disclosed, posted or pe rm itted to rem a in in an y side w alk café pe rm it area an d/o r the pub lic rig ht-
of-w ay, except at a table prese ntly occup ie d by a custom e r; no r sh a ll a n y fo o d or drin k m e n u
special(s)be displayed, discl o sed or posted w ithin the restau ra nt/bu sine ss esta b lish m e nt's
prem ises in such a w ay that the pla cem e nt of such display, discl o sure , or po sting is cle a rly
visible from the sidew alk café pe rm it area and/or the pub lic right-o f-w a y.
(i) S ide w alk café perm ittees on O cean D rive, be tw ee n 5th S tree t an d 15 th S tree t, in clud ing eve ry
m anager and every em p loyee assigned to w o rk in the side w a lk café pe rm it area , m u st
successfully com plete a ho sp itality tra ining prog ram that has be e n previo u sly ap p ro ve d by
resolutio n of the m a yor and city com m issio n . W ithin one yea r of co m p le ting su ch pro g ra m , and
each year thereafter, every m a nage r and eve ry em p lo yee assig n e d to w o rk in the sid e w a lk café
perm it area shall com p lete an abb reviated versio n of the sam e ho sp ita lity tra in ing pro g ram .
S idew alk café perm ittees shall:
(1) M a intain records on prem ise s evide ncing com p liance w ith th is su b se ctio n (i), an d
(2 ) S ubm it to the ci ty m a nage r, on an an n ua l ba sis, the affi da vit sp e cifie d in subs e ction 82 -
382(b )( 18 ).
(j) S idew alk café operators lo cated on O cean D rive , betw ee n 5 th S tree t an d 15 th S tree t; on
Li ncoln R oad betw een W ashington A venue and A lton R oad ; an d o n E spa ñ o la W ay be tw ee n
W ashington A venue and D rexe l A venue , sha ll no t:
(1) Solicit any pede strian(s) lo cated on the sid ew alk ab utt ing a sid e w alk café pe rm it area ,
or on the rig ht of w ay w ithin 20 feet of the oute r pe rim e ter of a sid e w a lk café pe rm it a re a ,
fo r the purpo se of ind ucing such pe de stria n to patro nize an y bu sin e ss esta b lishm e n t o r
sidew alk café, or pu rchase any foo d , be verage , prod u ct, o r se rv ice , unle ss the
pede strian first affi rm a tively com m u n icates a desire to re ce ive info rm a tio n ab o u t the
sidew alk cafe's fo od , beverages, pro d ucts, or se rv ices;
(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 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 cafe'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.
(Ord. No. 2019-4294, $1,9-11-19; Ord. No. 2019-4300, $1, 10-16-19; Ord. No. 2020-4323,$ 3, 1-15-
20)
Secs. 82-390-82-410. - Reserved.
ATTACHMENT B
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 café
permit for one weekend (Saturday and Sunday) and $1,000.00.
( 4) Fourth violation within the preceding 12 months: Revocation of the sidewalk café
permit for the remaining portion of the permit year and $1,250.00.
(5) Failure to apply for permit: Termination of sidewalk café operations until a permit is
applied for and obtained.
(6) Failure to renew permit: Suspension of sidewalk café 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
café 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 café permit and
operation, and the sidewalk café 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 café 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 café 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
following suspension and revocation penalties shall be imposed:
a. Second violation within the preceding 12 months: Suspension of the sidewalk
café permit for 24 hours.
b. T hird vio latio n w ithin the preced ing 12 m o nths: S usp e nsio n of the sid e w a lk
café perm it fo r one w e e ke nd (S aturda y and S u n d a y).
c. Fo urt h vio latio n w ithin the pre ced ing 12 m o nths: R e vo catio n of the sid e w a lk
café perm it fo r the re m a in ing po rt io n of the pe rm it ye a r.
(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, and violations of subsections 82-385(v), (w), and (x), [and section] 82-389.
The report shall include statistics relating to the number of enforcement actions taken
against each sidewalk café operator, and the outcome of each enforcement action.
(Ord. No. 2019-4294, $1,9-11-19; 0rd. No. 2020-4323, $1,1-15-20)
ATTA CHM ENT C
Violations issued in Quarter 1 (October - Decem ber 2020)
CASE ADDRESS STATUS DATE DESCRIPTION OF VIOLATION
NUMBER
CC2020- 719 LINCOLN RD/ Giules Appeal 10/16/2020 Violation of Sections 82-389 and 82-371
09727 & Co, LLC DBATaverna Failing to comply with the requirements in
the Sidewalk Café Code of Conduct.
Reference: Soliciting/Hawking of customers
on Lincoln Road 3d Offense - $1,000 Fine
(Shut down for 48 hours)
CC2020- 530 OCEAN DR / Spice Art Fine Paid 10/22/2020 Ref: Hawking/soliciting. Section 82-389
09739 Restaurants, INC. dba and 82-371. Failing to comply with the
Jalapeno Mexican Kitchen requirements in the Sidewalk Café Code of
Conduct. 1s Offense: $500.00 Fine
CC2020- 800 OCEAN DR / News Fine Paid 10/22/2020 Ref: Hawking/soliciting. Section 82-389
09740 Cafe, INC. dba News Café and 82-371. Failing to comply with the
requirements in the Sidewalk Café Code of
Conduct. 1s Offense: $500.00 Fine
CC2020- 1250 OCEAN DR / 1250 Fine Paid 10/22/2020 Ref: Hawking/soliciting. Section 82-389
09741 Ocean Drive LLC DBA The and 82-371. Failing to comply with the
Carlyle Cafe requirements in the Sidewalk Café Code of
Conduct. 24 Offense: $750.00 Fine
(Shut down for 24 hours)
CC2020- 834 OCEAN DR / 834 Fine Owed 10/22/2020 Ref: Hawking/soliciting. Section 82-389
09742 OCEAN DRIVE LLC D/8/A: and 82-371. Failing to comply with the
Kantina requirements in the Sidewalk Café Code of
Conduct. 24 Offense: $750.00 Fine
(Shut down for 24 hours)
CC2020- 1400 OCEAN DR / 1400 Fine Paid 10/23/2020 Ref: Unapproved speakers in sidewalk cafe.
09744 Ocean Drive, LLC dba II Section 82-389 and 82-371. Failing to
Bolognese comply with the requirements in the
Sidewalk Café Code of Conduct. 1°
Offense: $500.00 Fine
CC2020- 1410 OCEAN DR/ Havana Fine Owed 10/23/2020 Ref: Unapproved speakers in sidewalk cafe.
09745 Ocean LLC dba Havana Section 82-389 and 82-371. Failing to
1957 comply with the requirements in the
Sidewalk Café Code of Conduct. 1s
Offense: $500.00 Fine
CC2020- 918 OCEAN DR / Regan Fine Paid 11/19/2020 Ref: Hawking/soliciting. Section 82-389
09801 Hospitality LLC dba The and 82-371. Failing to comply with the
Locust requirements in the Sidewalk Café Code of
Conduct. 1st Offense: $500.00 Fine
CC2020- 524 OCEAN DR / 524 Fine Owed 11/19/2020 Ref: Hawking/soliciting. Section 82-389
09802 Ocean LLC DBA Cuba and 82-371. Failing to comply with the
Libre requirements in the Sidewalk Café Code of
Conduct. 1s Offense: $500.00 Fine
C C 2020- 660 O CE AN D R / 660 Fine P aid 11/19 /2020 R ef: Haw king/soliciting. S ection 82-389
09803 O cean D rive LLC O B A O n and 82-371. Failing to comply with the
Ocean 7 Café requirements in the Sidewalk Café Code of
Conduct. 1s Offense: $500.00 Fine
CC2020- 1236 OCEAN DR / II Fine Paid 11/19/2020 Ref: Hawking/soliciting. Section 82-389
09804 Giardino, LLC dba II and 82-371. Failing to comply with the
Giardino requirements in the Sidewalk Café Code of
Conduct. 3d Offense: $1000.00 Fine
(Shut down for 48 hours)
CC2020- 1400 OCEAN DR/ 1400 Fine Paid 11/22/2020 Ref: Unapproved speakers in sidewalk cafe.
09810 Ocean Drive, LLC dba II Section 82-389 and 82-371. Failing to
Bolognese comply with the requirements in the
Sidewalk Café Code of Conduct. 29
Offense; $750.00 Fine
(Shut down for 24 hours)
CC2020- 525 LINCOLN RD / Notice of 11/24/2020 Section 82-389 and 82-371. Failing to
09816 PORTOFINO CAFE, INC. Violation comply with the requirements in the
O/B/A ROSINELLA Sidewalk Café Code of Conduct. Ref:
Hawking/soliciting. 1% Offense; $500.00
CC2020- 551 LINCOLN RD / Ounze Fine Owed 11/24/2020 Section 82-389 and 82-371. Failing to
09817 Corporate, LLC dba comply with the requirements in the
Tapelia Sidewalk Café Code of Conduct. Ref:
Hawking/soliciting. 24 Offense; $750.00
(Shut down for 24 hours)
CC2020- 938 LINCOLN RD / SELIN Fine Paid 11/24/2020 Section 82-389 and 82-371. Failing to
09818 LLC d/b/a GROOVY'S comply with the requirements in the
PIZZA& BAR Sidewalk Café Code of Conduct. Ref:
Hawking/soliciting. 1s Offense; $500.00
CC2020- 626 LINCOLN RD / Braza Fine Owed 11/24/2020 Section 82-389 and 82-371. Failing to
09819 Y Lena LLC dba Ole Ole comply with the requirements in the
Sidewalk Café Code of Conduct. Ref:
Hawking/soliciting. 3d Offense; $1,000
(Shut down for 48 hours)
CC2020- 850 OCEAN DR/ GAFFE Fine Paid 11/27/2020 Section 82-389 and 82-371. Failing to
09820 MILANO, LLC comply with the requirements in the
Sidewalk Café Code of Conduct. REF:
Hawking, Soliciting. Notice of Violation
Issued. 24 Offense $750.00 FINE.
(Shut down for 24 hours)
CC2020- 530 OCEAN DR / Spice Art Fine Paid 11/27/2020 Section 82-389 and 82-371. Failing to
09821 Restaurants, INC. dba comply with the requirements in the
Jalapeno Mexican Kitchen Sidewalk Café Code of Conduct. REF:
Hawking/ Soliciting Notice of Violation
Issued. 24 Offense $750.00 Fine
(Shut down for 24 hours)
CC2020- 720 OCEAN DR / 720 Fine Paid 11/27/2020 Section 82-389 and 82-371. Failing to
09822 Ocean Drive, LLC OBA comply with the requirements in the
The Place Sidewalk Café Code of Conduct. REF:
Hawking/ Soliciting Notice of Violation
Issued. 1s Offense, $500.00 Fine
CC 2020- 524 O C EA N D R / 524 Fine O w ed 11/27/2020 Section 82-389 and 82-371. Failing to
09823 O cean LLC D BA C uba com ply w ith the requirem ents in the
Libre Sidew alk Café C ode of C onduct. R EF :
Haw king/ Solici ting Notice of Violation
Issued. 2 O ffense, $750.00 Fi ne
(Shut down for 24 hours)
CC2020- 660 OCEAN DR / 660 Fine Paid 11/27/2020 Section 82-389 and 82-371. Failing to
09824 Ocean Drive LLC DBA On comply with the requirements in the
Ocean 7 Cafe Sidewalk Café Code of Conduct. REF:
Hawking/ Soliciting Notice of Violation
Issued. 2nd Offense $750.00 Fine
(Shut down for 24 hours)
CC2020- 1236 OCEAN DR / II Closed/ 11/27/2020 Section 82-389 and 82-371. Failing to
09825 Giardino, LLC dba II Dismissed at comply with the requirements in the
Giardino Special Sidewalk Café Code of Conduct. REF:
Master Hawking/ Soliciting Notice of Violation
Issued. 4 Offense $1,250 Fine
(Sidewalk café permit revoked)
CC2020- 1250 OCEAN DR / 1250 Fine Paid 11/27/2020 Section 82-389 and 82-371. Failing to
09826 Ocean Drive LLC DBA The comply with the requirements in the
Carlyle Café Sidewalk Café Code of Conduct. REF:
Hawking/ Soliciting Notice of Violation
lssued. 3 Offense $1,000 Fine
(Shut down for 48 hours)
CC2020- 740 OCEAN DR/ Ocean Fine Paid 11/27/2020 Section 82-389 and 82-371. Failing to
09827 Restaurant Corporation comply with the requirements in the
DBA Boulevard Restaurant Sidewalk Café Code of Conduct. REF:
Hawking, Soliciting. Notice of Violation
Issued. 1st Offense, $500.00 Fine
CC2020- 647 LINCOLN RD/ Lucia Fine Owed 11/27/2020 Section 82-389 and 82-371. Failing to
09828 Group, LLC dba Kansas comply with the requirements in the
Bar & Grill c Sidewalk Café Code of Conduct.
Reference: Hawking/soliciting. 1s Offense;
$500 Fine
CC2020- 960 OCEAN DR/ SOBE Fine Owed 11/27/2020 Section 82-389 and 82-371. Failing to
09829 USA LLC comply with the requirements in the
Sidewalk Café Code of Conduct. REF:
Hawking/ Soliciting Notice of Violation
Issued. 1st Offense $500.00 Fine
CC2020- 409 ESPANOLA WAY/ Appeal 11/27/2020 Section 82-389 and 82-371. Failing to
09830 TNT Gigino Holding LLC comply with the requirements in the
DBA Espanola Cigars Sidewalk Café Code of Conduct. REF:
Hawking/ Soliciting Notice of Violation
lssued. 24 Offense, $750.00 Fine
(Shut down for 24 hours)
CC2020- 1400 OCEAN DR / 1400 Fine Paid 11/28/2020 Section 82-389 and 82-371. Failing to
09832 Ocean Drive, LLC DBA II comply with the requirements in the
Bolognese Sidewalk Café Code of Conduct.
Reference: Hawking/ Soliciting 3" Offense
$1000.00 Fine
(Shut down for 48 hours)
C C 2020- 432 E S P A N O LA W A Y / A R N otice of 11/28/2020 S ectio n 82-38 9 and 82-371. Fa iling to
09833 Espanola LLC O B A V iolatio n com p ly w ith the requ irem e nts in the
Num ber 28 R estaurant S idew alk C afé C o de of C o nduct. R E F :
H aw king/ S o liciting N otice of V io latio n
Issued . 1 Offense $500.00 Fine
CC2020- 1446 WASHINGTON AVE Fine Owed 12/04/2020 Violation of Section 82-389 and 82-371.
09859 / MIAMI CUBANO, LLC Failing to comply with the requirements in
the Sidewalk Café Code of Conduct.
Reference: Soliciting/ Hawking. 1s Offense
Fine $500
CC2020- 551 LINCOLN RD/ Ounze Fine Owed 12/04/2020 Violation of Section 82-389 and 82-371.
09860 Corporate, LLC dba Failing to comply with the requirements in
Tapelia the Sidewalk Café Code of Conduct.
Reference: Hawking/soliciting. 3d Offense;
$1000.00 Fine
(Shut down for 48 hours)
CC2020- 410 ESPANOLA WAY/ Fine Paid 12/04/2020 Violation of Section 82-389 and 82-371.
09862 VIDA Y ESTILO CORP. Failing to comply with the requirements in
OBA OH MEXICO AT the Sidewalk Café Code of Conduct.
MERCATO DELLA Reference: Soliciting/ Hawking. 24 Offense
PESCHERIA Fine $750
(Shut down for 24 hours)
CC2020- 432 ESPANOLA WAY/ AR Appeal 12/04/2020 Violation of Section 82-389 and 82-371.
09863 ESPANOLA LLC Failing to comply with the requirements in
the Sidewalk Café Code of Conduct.
Reference: Soliciting/ Haw
king. 2n4 Offense 750.00 Fine
(Shut down for 24 hours)
CC2020- 927 LINCOLN RD / Aura at Appeal 12/12/2020 Ref: Hawking/soliciting. Section 82-389
09898 Books, LLC and 82-371. Failing to comply with the
requirements in the Sidewalk Café Code of
Conduct. 1s Offense: $500.00 Fine
CC2020- 860 OCEAN DR/ 860 Fine Paid 12/26/2020 Section 82-389 and 82-371. Failing to
09973 OCEAN DRIVE LLC OBA comply with the requirements in the
ICON Sidewalk Café Code of Conduct. REF:
Hawking/Soliciting
ATTACHMENT O
Violations issued in Quarter 2 (January - March 2021)
CASE
NUMBER
ADDRESS STATUS DATE DESCRIPTION OF VIOLATION
CC2021-
10022
524 OCEAN DR / 524 Fine Owed
OCEAN LLC dba
CUBA LIBRE
01/15/2021 Violation of Section 82-389 and 82-371.
Failing to comply with the requirements in
the Sidewalk Café Code of Conduct.
Reference: Hawking/ Soliciting. 3d
Offense Fine $1,000
(Shut down for 48 hours)
CC2021-
10047
720 OCEAN DR / 720 Notice of
OCEAN DRIVE, LLC Violation
D.B.A THE PLACE
01/29/2021 Section 82-389 and 82-371. Failing to
comply with the requirements in the
Sidewalk Café Code of Conduct. RE:
Hawking "Come check out happy hour,
we have a table for 2" Notice of Violation
Issued. 2né Offense Fine: $750.00
(Shut down for 24 hours)
CC2021-
10072
524 OCEAN DR / 524 Appeal
OCEAN LLC dba
CUBA LIBRE
02/05/2021 Ref: Hawking/ Soliciting. Section 82-389
and 82-371. Failing to comply with the
requirements in the Sidewalk Café Code
of Conduct. 4 Offense Fine: $1250
(Sidewalk Café permit revoked)
CC2021-
10103
437 ESPANOLA WAY/ Notice of
Manugio Corp dba Violation
Boteco Copacabana
02/12/2021 Section 82-389 and 82-371. Failing to
comply with the requirements in the
Sidewalk Café Code of Conduct. REF:
Hawking/Soliciting Notice of Violation
lssued. 1 Offense $500.00
CC2021-
10107
437 ESPANOLA WAY/ Appeal
Manugio Corp dba
Boteco Copacabana
02/13/2021 Section 82-389 and 82-371. Failing to
comply with the requirements in the
Sidewalk Café Code of Conduct. REF:
Hawking/Soliciting Notice of Violation
Issued. 2d Offense $1000.00 Fine
(Shut down for 24 hours)
CC2021-
10199
1200 OCEAN DR / PT Notice of
OPCO, LLC OBA PINK Violation
TACO MIAMI BEACH
03/05/2021 Violation Of: Section 82-389 and 82-371.
Failing to comply with the requirements in
the Sidewalk Café Code of Conduct. Ref:
Unapproved speakers on sidewalk cafe.
1s Offense $500.00
CC2021-
10249
530 OCEAN DR/ Spice Closed
Art Restaurants, INC.
dba Jalapeno Mexican
Kitchen
03/11/2021 Ref: Offering drinks that are not on the
menu, and for having drink specials on the
menu without prices listed. Section 82-
389 and 82-371. Failing to comply with the
requirements in the Sidewalk Café Code
of Conduct. 1s Offense; $500.00
CC2021-
10270
660 OCEAN DR / 660 Fine Paid
Ocean Drive LLC OBA
Ocean 7 Café
03/13/2021 Section 12-5: Failing to comply with
conditions of the Special Event permit and
guidelines as required in Section 12-5.
Failing to comply with the requirements in
the Sidewalk Café Code of Conduct.
Reference: Extension of the sidewalk cafe
at On Ocean 7 Cafe encroaching south in
front of 650 Ocean Dr.1s Offense $1000