HomeMy WebLinkAboutOrdinance 2021-4444 ORDINANCE No. 2021-4444
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, ENTITLED "PUBLIC
PROPERTY," BY AMENDING ARTICLE IV, ENTITLED "USES IN
PUBLIC RIGHTS- OF- WAY," BY AMENDING DIVISION 5, ENTITLED
"SIDEWALK CAFES," BY AMENDING SUBDIVISION II, ENTITLED
"PERMIT," BY AMENDING SECTIONS 82-382 AND 82-383 THEREOF,
TO ABATE SIDEWALK CAFE FEES FOR PERMITTEES LOCATED
NORTH OF 63RD STREET, FROM THE EFFECTIVE DATE OF THIS
ORDINANCE THROUGH AND INCLUDING SEPTEMBER 30, 2023; AND
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, currently, Chapter 82 of the City Code authorizes the City to collect
an annual permit fee of $159.00, plus $27.00 per square foot in order to operate a
sidewalk cafe on a public right-of-way; and
WHEREAS, in prior years, the City Commission has waived or abated square
footage fees for sidewalk cafes in the North Beach area of the City, north of 63rd Street,
as a way to encourage its revitalization; and
WHEREAS, on December 11, 2019, the Mayor and City Commission adopted
Ordinance 2019-4320, which abated square footage fees for sidewalk cafes located north
of 63rd Street for a two-year period ending on September 30, 2021; and
WHEREAS, the Administration desires to continue to waive sidewalk cafe permit
application fees and sidewalk cafe permit fees for businesses in the North Beach Area,
to encourage continued economic development for an additional two years through and
including September 30, 2023.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Sections 82-383 and 82-383 of Article IV of Chapter 82 of the
Miami Beach City Code is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE IV. USES IN PUBLIC RIGHTS- OF-WAY
Division 5. Sidewalk Cafes
Subdivision II. Permit
Sec. 82- 382. Application.
(a) A sidewalk cafe permit shall be effective for one year, from October 1 until
September 30 of the following year.
(b)Application for a permit to operate a sidewalk cafe shall include, but not be limited
to, the following information:
(9) The annual application shall be accompanied by a nonrefundable base
application fee as set forth in appendix A hereof. The nonrefundable base
application fee shall not be required for sidewalk caf6 permit applications submitted
to the city in conjunction with the Washington Avenue Pilot Parklet Program, which
program shall terminate on March 31, 2021. Additionally, the nonrefundable base
application fee shall not be required for sidewalk caf6 permit applications submitted
to the city for businesses on Washington Avenue from 6th Street to Lincoln Road,
for the period ending on September 30, 2021 2023.
Sec. 82-383. Permit fee; penalties for late payments; review of fee; exception.
a) The annual permit fee for operation of a sidewalk caf6 shall be as set
forth in appendix A and shall be based on a per square foot calculation of
permitted sidewalk area including the area between the tables and chairs).
1) Notwithstanding any other paragraphs or provisions of this article; 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, 2424-2023. The abatement of sidewalk caf6 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, 2424-2023.
However, a permit must be obtained, and the annual base application fee
required by 2 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 on Washington Avenue from 5th Street to
Lincoln Road for the period ending on September 30, 20212023.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid'or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
SECTION 4. 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
a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may
be renumbered or re-lettered to accomplish such intention, and the word" ordinance" may
be changed to" section," article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the to day-9-1 2021.
PASSED and ADOPTED this 30 day off, 2021.
ATTEST:
Dan Gelber, Mayor
Rafael E. Granado, City Clerk
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Underline denotes additions .�!lCORI" OR nTED
Strikethro gh denotes rdeletinno
(Sponsored by Vice Mayor Ricky Arriola) APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney iC� Date
Ordinances - R5 A.
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: September 30, 2021
5:04 p.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, ENTITLED "PUBLIC PROPERTY" BY
AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY,"
BY AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFES," BY
AMENDING SUBDIVISION II, ENTITLED "PERMIT," BY AMENDING
SECTIONS 82-382 AND 82-383 THEREOF, TO ABATE SIDEWALK CAFE
FEES FOR PERMITTEES LOCATED NORTH OF 63RD STREET, FROM
THE EFFECTIVE DATE OF THIS ORDINANCE THROUGH AND
INCLUDING SEPTEMBER 30, 2023; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends approving the Ordinance on Second Reading, Public Hearing
at the September 30, 2021 City Commission meeting.
BACKGROUND/HISTORY
Chapter 82 of the City of Miami Beach Code of Ordinances authorizes the City to charge
restaurants with sidewalk cafes a $159.00 base application fee and $27.00 per square foot
annual fee, in order to stimulate businesses for sidewalk cafes in the North Beach Area.
n 1998, pursuant to Ordinance No. 98-3146, the annual sidewalk cafe fees, per square
footage, were abated for restaurants located on 71st Street, Normandy Drive, Normandy
Fountain Circle and/or Ocean Terrace, thru September 30, 1999. Pursuant to Ordinance No.
2000-3237, adopted on April 12, 2000, the City Commission extended the annual sidewalk cafe
fee abatement to September 30, 2001.
On January 15, 2003, the Finance and Citywide Project Committee (FCWPC) recommended
that the City of Miami Beach again waive the annual sidewalk cafe fees for all business north of
63rd Street and annually review this waiver during the budget cycle.
On February 26, 2003, the City Commission adopted Ordinance No. 2003-3397 which
reinstated the annual sidewalk cafe fee abatement, subject to a two-year budget analysis and
review by the Citys Administration. Later that same year, on July 30, 2003, the City Commission
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adopted Ordinance No. 2003-3423 repealing the annual sidewalk cafe fee abatement
provisions.
On July 19, 2013, the City Commission heard item R9P, "A Discussion to Immediate Reinstate
the Fee Waiver for Sidewalk Cafes in North Beach" submitted by Commissioner Jerry Libbin,
and approved a referral to the Finance and Citywide Project Committee (FCWPC), and
requested that the item be brought back to the City Commission with a proposed Ordinance. On
September 19, 2013, the FCWPC recommended that the annual sidewalk cafe fee abatement
be re-instated. On October 16, 2013, the City Commission adopted Ordinance No. 2013-3824,
abating the annual sidewalk cafe fees for businesses north of 63rd Street to September 30,
2015.
Since 2013, the annual sidewalk cafe fee abatement for businesses north of 63rd Street has
been extended for two years each in 2015, per Ordinance No. 2015-3968, 2017, in 2017, per
Ordinance No. 2017-4144 and in 2019, per Ordinance No. 2019-4320. The annual sidewalk
cafe fee abatement is set to expire on September 30, 2021.
The Administration desires to continue an annual sidewalk cafe fee abatement for businesses
north of 63rd Street, to encourage continued economic development and revitalization of the
North Beach Area.
On September 17, 2021 the City Commission had the title of the Ordinance read into the record
and made a motion to proceed to the September 30, 2021 meeting for a Second Reading
Public Hearing.
ANALYSIS
In line with the City's strategic plan for prosperity, the attached Ordinance extending fee
abatement encourages the revitalization of North Beach Area. To date, approximately 11
businesses have benefited from the fee abatement.
FINANCIAL IMPACT
Presently, north of 63rd Street, there are eleven (11) restaurants with sidewalk cafes with a total
footprint of 2,981 square feet.
SUPPORTING SURVEY DATA
Results from the 2019 Resident Survey regarding Satisfaction with Perceptions of the City
show that 73% of residents rated the overall image of the City as very satisfied/satisfied. In
order to continue maintaining excellent standards in this area, the City recommends that the City
Commission approve the Ordinance on Second Reading Public Hearing.
CONCLUSION
The Administration recommends approving the Ordinance on Second Reading, Public Hearing
at the September 30, 2021 City Commission meeting.
Applicable Area
North Beach
Is this a "Residents Right Does this item utilize G.O.
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to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality
entertainment destination.
Legislative Tracking
Public Works
Sponsor
Vice-Mayor Ricky Arriola
ATTACHMENTS:
Description
❑ Ordinance
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