Resolution 2021-31918RESOLUTION NO. 2021-31918
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" (THE
"PILOT PROGRAM"), AS ESTABLISHED BY RESOLUTION NO. 2020-31276,
THROUGH JANUARY 30, 2022, WHICH TEMPORARILY ALLOWS
RESTAURANTS THROUGHOUT THE CITY TO EXPAND SIDEWALK CAFE
SEATING AREAS ONTO PUBLIC RIGHTS-OF-WAY, OR OTHER OUTDOOR
SEATING AREAS ON PRIVATE PROPERTY; WITH THE SAID EXTENSION OF
THE PILOT PROGRAM NOT APPLICABLE TO BUSINESS ESTABLISHMENTS
ON OCEAN DRIVE, WHERE THE PILOT PROGRAM WILL BE TERMINATED
ON NOVEMBER 30, 2021, PROVIDED THAT BUSINESS ESTABLISHMENTS
ON OCEAN DRIVE WILL BE PROVIDED AN OPPORTUNITY TO UTILIZE THE
CITY'S PARKLET PROGRAM SUBJECT TO THE SAME REQUIREMENT,
CONDITIONS AND FEES APPLICABLE TO PARKLETS IN ORDINANCE NO.
2021-4427, AS AMENDED.
WHEREAS, 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; and
WHEREAS, the rate of infection throughout the world and in the United States accelerated
rapidly, grinding most markets and businesses around the globe to a halt; and
WHEREAS, in order to limit the spread of COVID-19, both Miami -Dade County and the
City of Miami Beach (the "City") issued various Emergency Orders including restrictions, social
distancing guidelines, and facial covering requirements on retail and commercial establishments,
including restaurants; and
WHEREAS, on May 13, 2020, the City Commission adopted Resolution No. 2020-31276,
establishing the Restaurant Recovery. Outdoor Seating Pilot Program (the "Program") IN
FURTHERANCE OF THE City's economic recovery efforts; and
WHEREAS, the Program temporarily allows restaurants to expand sidewalk cafe seating
areas onto public rights-of-way, or other outdoor seating areas on private property, subject to the
Administration's review and approval of a 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 applicable provisions of the Sidewalk Cafe Ordinance (set
forth in Chapter 82, Article IV, Division 5 of the City Code); and
WHEREAS, the Program has been extended through September 30, 2021 pursuant to
Resolution Nos. 2020-31406, 2020-31522, and 2021-31632; and
WHEREAS, the terms of the Program are set forth in Exhibit "A" to this Resolution, and
incorporated by reference herein.
WHEREAS, at the September 17, 2021 meeting, the Mayor and City Commission adopted
Resolution No. 2021-31867, authorizing the extension of the Program through October 31, 2021,
but only for those restaurants located outside MXE mixed use entertainment district; and
WHEREAS, at the September 30, 2021 City Commission meeting, the Mayor and City
Commission adopted Resolution No. 2021-31881, extending the program through November 30,
2021, and extending the scope of the Program to all restaurants with sidewalk cafe seating areas
located within the City of Miami Beach, including the restaurants located within the MXE mixed
use entertainment district; and
WHEREAS, at the October 27, 2021 City Commission meeting, following a discussion,
the Mayor and City Commission directed the Administration to extend the duration of the Program
through January 30, 2022, with the exception of business establishments on Ocean Drive; and
WHEREAS, the Program, as applied to business establishments on Ocean Drive, will be
terminated on November 30, 2021 ; and
WHEREAS, however, business establishments on Ocean Drive will be provided the
opportunity to utilize the City's Parklet Program subject to the same requirements, conditions and
fees applicable to parklets as set forth in Ordinance No. 2021-4427, as it may be amended.
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" (the "Pilot Program"), as established by Resolution No. 2020-31276, through January
30, 2022, which temporarily allows restaurants throughout the City to expand sidewalk cafe
seating areas onto public rights-of-way, or other outdoor seating areas on private property; with
the said extension of the Pilot Program not applicable to business establishments on Ocean Drive,
where the Pilot Program will be terminated on November 30, 2021, provided that business
establishments on Ocean Drive will be provided an opportunity to utilize the City's Parklet
Program subject to the same requirements, conditions and fees applicable to parklets in
Ordinance No. 2021-4427, as amended.
PASSED and ADOPTED this a7
ATTEST:
'V i`lZ/
2
Raf el E. Granado, City Clerk
day of Ockher-2021.
2
Dan Gelber, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1 I- 3 , 2�
City Attome� Dail
EXHIBIT "A"
RESTAURANT RECOVERY OUTDOOR SEATING PILOT PROGRAM
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 cafe permits issued pursuant to Chapter 82, Article IV, Division
5 of the City Code (the "Sidewalk Cafe Ordinance"). The permit shall authorize a restaurant
to expand sidewalk cafe 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 and/or guidelines.
2. Duration of permit and periodic review. Each special event permit issued pursuant to the
Program shall terminate no later than November 30, 2021, 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 and this Resolution. 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. Deleted.
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 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 ("ADA") 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
3
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 Cafe Ordinance. Permittees shall at all times abide by applicable
provisions of the City's Sidewalk Cafe Ordinance, subject to the following exceptions:
a. Sidewalk cafe 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 City's Public Works Director and/or
Risk Manager), and shall additionally be required to list the City as an additional insured party.
12. Enforcement / 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 Cafe 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.
rd
Agenda Item: R9 B
Date: 10/27/2021
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of th City Commission
FROM: Alina T. Hudak, City Mana e
DATE: October 27, 2021
SUBJECT: DISCUSSION TO CONSIDER THE DURATION OF THE "RESTAURANT
RECOVERY OUTDOOR SEATING PILOT PROGRAM," AS ESTABLISHED
BY RESOLUTION NO. 2020-31276.
RECOMMENDATION
The Restaurant Recovery Outdoor Seating Program (the "Program") was initiated as a direct
response to the economic impacts associated with the SARS-CoV-2 pandemic. This
initiative provided businesses an expedited way of expanding or creating outdoor seating
immediately after the partial reopening of the economy.
While the Program has been successful in helping restaurants re -open, recent trends noted
by our Public Safety departments indicate that some participants are not safely maintaining
their areas of operation. It also appears that some businesses that have opted not to
participate in the Program are using some of the designated outdoor areas and attracting
undesirable behavior requiring an increase in response by Police and Code Enforcement.
Although we believe that outdoor dining is still a desirable option, based on the challenges
noted above the Administration does not recommend extending the Program.
Instead, the Administration recommends the use of the City's codified Sidewalk Cafe and
Parklet programs, should restaurants choose to continue to provide outdoor seating. Under
the Sidewalk cafe Ordinance, sidewalk cafe permits are available Citywide. Additionally,
pursuant to Ordinance No. 2021-4427 which was recently adopted by the City Commission
on July 28, 2021, restaurants on Washington Avenue, from 6th Street to Lincoln Road, and
restaurants in the Sunset Harbour Neighborhood are eligible to apply for parklet
137
permits, These parklet permits will be issued in accordance to the Parklet Design Guidelines
adopted by the City Commission under Resolution No. 2021-31803 on July 28, 2021. The
Administration will also be reviewing additional locations citywide that may be eligible for
parklets.
BACKGROUNDMISTORY
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 ("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 nonessential retail and commercial 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.
ANALYSIS
On May 13, 2020, the City Commission adopted Resolution No. 2020-31276, establishing
the Restaurant Recovery Outdoor Seating Pilot Program (the "Program").
This Program created opportunities for restaurants to expand their footprint and mitigate the
loss of seating associated with social distancing requirements, in compliance with all
applicable State, County, and City Emergency Orders.
Since its inception, the Restaurant Recovery Outdoor Seating Pilot Program has been
extended pursuant to Resolution Nos. 2020-31406, 2020-31522 and 2021-31632 through
September 30, 2021.
On September 17, 2021, the City Commission approved an additional extension of the
Program citywide, through October 31, 2021, pursuant to Resolution No. 2021-31867, with
the exception of the MXE Mixed -Use Entertainment District.
At the September 23, 2021 City Commission Workshop relating to Transportation/Ocean
Drive and Washington Avenue, the Mayor and City Commission provided direction to the
Administration regarding the configuration of Ocean Drive for pedestrian and vehicular
purposes, and in view of the ongoing work, directed the Administration to bring an agenda
item for consideration at the September 30, 2021 City Commission meeting, to consider
extending the scope of the Program to all restaurants with sidewalk cafe seating areas
located within the City of Miami Beach, including the restaurants located within the MXE
Mixed -Use Entertainment District.
139
On September 30, 2021, 'the City Commission approved an additional extension of the
Program citywide, through November 30, 2021, including the MXE Mixed -Use Entertainment
District.
The Restaurant Recovery Outdoor Seating Pilot Program is set to expire on November 30,
2021, unless extended by the City Commission.
SUPPORTING SURVEY DATA
Results from the 2019 Resident Survey regarding Satisfaction with Perceptions of the City
show that 79% of residents rated quality of life in the City as very satisfied/satisfied.
FINANCIAL INFORMATION
'Amount(s)/Account(s):
N/A
CONCLUSION
The Restaurant Recovery Outdoor Seating Program (the "Program") was initiated as a direct
response to the economic impacts associated with the SARS-CoV-2 pandemic. This
program has been a success. The Administration believes that outdoor dining is still a
desirable option. However, the Administration recommends the use of the City's
codified Sidewalk Cafe and Parklet programs, should restaurants choose to continue
to provide outdoor seating. Under the Sidewalk cafe Ordinance, sidewalk cafe
permits are available Citywide. Additionally, pursuant to Ordinance No. 2021-4427
which was recently adopted by the City Commission on July 28, 2021, restaurants
on Washington Avenue, from 6th Street to Lincoln Road, and restaurants in the
Sunset Harbour Neighborhood are eligible to apply for parklet permits. These parklet
permits will be issued in accordance to the Parklet Design Guidelines adopted by the
City, Commission under Resolution No. 2021-31803 on July 28, 2021. The
Administration will also be reviewing additional locations citywide that may be eligible
for parklets.
Therefore, except for the Ocean Drive area, the Administration does not recommend
extending the Program as originally approved.
Applicable Area
Citywide
141
Is this a "Residents Right
to Know" item, pursuant to
City Code Section 2-14?
Yes
Does this item utilize G.O.
Bond Funds?
Strategic Connection
Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality
entertainment destination.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
❑ Resolution 2020-31276
❑ Ordinance 2021-4427
ATH/LS/J LG
143
RESOLUTION NO. 2020-31276
A RESOLUTION OF,THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
ESTABLISHING THE "RESTAURANT RECOVERY
OUTDOOR SEATING PILOT PROGRAM," AS SET FORTH
IN EXHIBIT "A" TO THIS RESOLUTION, TO
TEMPORARILY ALLOW RESTAURANTS TO EXPAND
SIDEWALK CAFE 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 CITY'S
SIDEWALK CAFE 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; AND PROVIDED, FURTHER, THAT
THE PROGRAM SHALL TERMINATE ON SEPTEMBER 30,
2020, UNLESS OTHERWISE EXTENDED BY THE CITY
COMMISSION.
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, 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 '
145
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 closures have greatly limited economic activity in the
City of Miami Beach, and continue to adversely impact City businesses, including
restaurants; and
WHEREAS, on April 29, 2020, based on data showing a downward trajectory of
hospitalizations for influenza -like illness and COVID-19-like syndromic cases, a decrease
in percent positive test results, and a significant increase in hospital capacity, Governor
DeSantis issued Executive Order 20-112 initiating Phase 1 of the Safe. Smart. Step -by -
Step. Plan for Florida's Recovery; and
WHEREAS, pursuant to Executive Order 20-112, restaurants and food
establishments (excluding restaurants in Palm Beach County, Broward County and
Miami -Dade County) may allow on -premises consumption of food and beverage, so long
as they adopt appropriate social distancing measures and limit their indoor occupancy to
no more than 25% of their building capacity, and in addition thereto, outdoor seating is
permissible with appropriate social distancing of a minimum of six (6) feet between
parties; and
WHEREAS, Executive Order 20-112 does not immediately provide for restaurants
and food establishments to reopen in Miami -Dade County; however, the City Commission
desires to create a regulatory framework to expand outdoor seating onto public rights-of-
way and other property once the State of Florida and Miami -Dade County permit
restaurants to reopen, provided that each restaurant's then -existing total seating capacity
(including indoor and outdoor seating) is not exceeded; 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 will likely place financial
strain on many restaurants in the City; and
WHEREAS, as such, it is the intent of the Mayor and City Commission to establish
a 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 the
Governor's Executive Order 20-112 and any future State, County or City Emergency
Order, provided that each restaurant's then -existing total seating capacity is not
exceeded; and
2
147
WHEREAS, the Program will temporarily allow restaurants to expand sidewalk
cafe 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 Cafe 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, 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 establish the "Restaurant Recovery Outdoor Seating Pilot Program,"
as set forth in Exhibit "A" to this Resolution, to temporarily allow restaurants to expand
sidewalk cafe 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 Cafe 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; and provided,
further, that the Program shall terminate on September 30, 2020, unless otherwise
extended by the City Commission.
PASSED and ADOPTED this 13th day of May, 2020.
ATTEST:
1/, `i["L�
Rafael E. Granado, City Clerk
Dan Gelber, Mayor
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
712 jG
City Attorney Date
3
149
ORDINANCE NO.. 2021-4427
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, FLORIDA, ENTITLED "PUBLIC PROPERTY, -
ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 5,
ENTITLED "SIDEWALK CAFES," SUBDIVISION II, ENTITLED "PERMIT," BY
AMENDING SECTION 82-382, ENTITLED "APPLICATION," AND SECTION 82-
383, ENTITLED "PERMIT FEE; PENALTIES FOR LATE PAYMENT; REVIEW
OF 'FEE; EXCEPTION," TO REPEAL OUTDATED PROVISIONS; AND BY
CREATING SECTION 82-390 THEREOF, ENTITLED "PARKLET PROGRAM;"
TO CREATE A SIDEWALK CAFE PARKLET PROGRAM, ESTABLISH THE
SCOPE OF THE PROGRAM, PROVIDE FOR DESIGN GUIDELINES, IDENTIFY
PERMITTED PARKLET AREAS, PROVIDE FOR AN APPLICATION, SITE
PLAN, AND FEES, INCORPORATE THE PROVISIONS OF THE SIDEWALK
CAFE ORDINANCE, AND PROVIDE FOR REMOVAL; AND AMENDING
APPENDIX "A" TO THE CITY CODE, ENTITLED "FEE SCHEDULE," TO
ESTABLISH A BASE PARKLET APPLICATION FEE AND AN.ANNUAL
PER -PARKING SPACE PARKLET FEE; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, a parklet is a small park, plaza, or creative public space that is physically
installed or constructed in an on -street parking space; and
WHEREAS, the Mayor and City Commission desire to amend the Sidewalk Cafe
Ordinance, set forth in Chapter 82, Article IV, Division 5 of the City Code, to permit sidewalk cafes
to operate in parklets on City rights-of-way along Washington Avenue, between 6th Street and
Lincoln Road, and in the Sunset Harbour neighborhood (generally bounded by Purdy Avenue to
the west, 20th Street and the waterway to the north, Alton Road to the east, and Dade Boulevard
to the south).
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND. CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:.
SECTION 1. Chapter 82 of the City Code is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE IV, USES IN PUBLIC RIGHT OF WAY
DIVISION 5. SIDEWALK CAFES
Subdivision II. Permit
151
Sec. 82-382. Application.
(9) The annual application shall be accompanied by a nonrefundable base application fee
as set forth in appendix A hereof. The nenFefundable base appl-GaVeR fee shall Raot
required fbF sidewalk GW peFmit ap-l;--4;-- 5 -submitted to the Gity in Genju�rAian with
31, 2921. Add Notwithstanding the foregoing, the nonrefundable base
application fee shall not be required for sidewalk cafe 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.
Sec. 82-383. Permit fee; penalties for late payment; review of fee; exception.
(a) The annual permit fee for operation of a sidewalk cafe shall be as set forth in appendix A -
hereof, and shall be based on a per square foot calculation .of permitted sidewalk area
(including the area between the tables and chairs).
(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, 2021.
Sec. 82-390. Parklet Program.
(a Definition The term parklet shall mean a sidewalk cafe (as defined in this division) that is
Physically installed in an on -street parking space or, as may be approved by the public
works director within the director's sole discretion, in a portion of a street.
u Scope of program Eligibility to apply for and obtain a parklet permit shall be limited to
restaurants located (i) along Washington Avenue . between 6th Street and Lincoln Road,
andQi) in the Sunset Harbour neighborhood (generally bounded by Purdy Avenue to the
west 20th Street and the waterway to the north, Alton Road to the east, and Dade
U
Commission.
Permitted parklet area. The area of each parklet shall be limited to a maximum of two on -
street parking spaces fronting the permittee's. restaurant business, as depicted on the
permit application subject to the requirements set forth in the Parklet Design Guidelines.
Parklets shall be restricted to restaurant frontages where on -street parking spaces exist
153
along the. curb lines and any other portion of a street, as may be approved by the public
works director. Applications for parklets in angled parking spaces shall be evaluated by
the public works director on a case-by-case basis.
(e) Application and site plan. In addition to the sidewalk cafe permit application requirements
set forth in section 82-382, each parklet permit application shall include a site plan signed
and sealed by a duly licensed architect or engineer which accurately depicts the layout
and dimensions of the parklet area including buffers and barriers; the proposed location,
size; and number of tables, chairs, umbrellas, and any other furniture; the location of
doorways, steps, trees, and/or landscaped areas, fountains, parking meters, fire hydrants,
utility infrastructure, bus shelters, directory/kiosks public benches, trash receptacles, and
any other existing public fixtures, furnishings and/or other obstructions) within the
proposed parklet area. The site plan shall be approved by the city manager prior to the
issuance of a parklet permit and shall be consistent with the Parklet Design Guidelines
and the permit shall be specifically limited to the area shown on the approved site plan.
Each parklet shall be installed on a raised platform, flush with the adiacent sidewalk.
Lf) Fees.
(1) Application fee. Each parklet application, which must be submitted each year, shall
be accompanied by a nonrefundable base application fee as set forth in appendix
A to this Code.
(2) Annual permit fee. The annualpermit fee for operation of a parklet shall be as set
forth in appendix A and shall. be based on a poet per -parking space
calculation for each pa rkl
jgl Applicability of Sidewalk Cafe Ordinance. Except as otherwise provided in this section.
each parklet permittee shall at all times abide by the provisions of this division, including
without limitation the sidewalk cafe code of conduct (set forth in section 82-389), all
enforcement and penalty provisions, and the criteria for permit renewal, all of which shall
be_ incorporated by reference in each parklet permit.
N Hurricanes and major weather events. In addition to the provisions of section 82-381, upon
written and/or verbal notification by the city manager of a hurricane or other major weather
event or the issuance of a hurricane warning by Miami -Dade County, whichever occurs
first the permittee shall, within no more than four hours, promptly secure each parklet
platform pursuant to the permiftee's Hurricane Preparedness Plan submitted as part of the
parklet application as approved by the public works director unless such platform was
designed constructed and installed to withstand hurricane -force winds (as approved by
the public.works director).
(i� Removal. As a condition of obtaining a parklet permit, each permittee shall agree in writing
that the city manager may cause the immediate termination suspension closure, removal,
relocation and/or stora a of all or part of a oarklet operation and/or parklet furniture in
those circumstances where the city manager determines it reasonably necessary for the
protection of the public health, safety, or welfare.
155
SECTION 2.
Appendix A to the City'Code, entitled "Fee Schedule," is hereby amended as set forth in
"Exhibit A" to this Ordinance.
SECTION 3. REPEALER.
All ordinances or parts of ordinances. in conflict herewith be and the same are hereby
repealed.
SECTION 4. 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 5. 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 6. EFFECTIVE DATE. /( T2021.
This Ordinance shall take effect the 7 day rT�
PASSED and ADOPTED this R8 day of # , 2021.
ATTEST:
Dan Gelber, Mayor
Rafael E. Granado, City berk
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
-\�` . •mac,,
City Attorney Date
Underline denotes additions
StFikethrough denotes deletions
Double underline denotes additions after First Reading
Double strikethFough denotes deletions after First Reading
(Sponsored by: Commissioner Ricky Arriola)
157
EXHIBIT "A"
AMENDMENTS TO FEE SCHEDULE
159
Chapter 82. Public Property
Article Ill. Use of Public Property
Division 5. Sidewalk Cafes
82-390
Base parklet application fee
750.00
82-390
Annual parklet fee, per
34.00
[Al
parkins spaces, per day
4 i Vr
159
New Business and Commission Requests - R9 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: October 27, 2021
SUBJECT. DISCUSSION TO CONSIDER THE DURATION OF THE "RESTAURANT
RECOVERY OUTDOOR SEATING PILOT PROGRAM," AS ESTABLISHED
BY RESOLUTION NO. 2020-31276.
(ITEM TO BE SUBMITTED IN SUPPLEMENTAL)
SUPPORTING SURVEY DATA
Results from the 2019 Resident Survey regarding Satisfaction with Perceptions of the City
show that 79% of residents rated quality of life in the City as very satisfied/satisfied.
Amount(s)/Account(s):
N/A
Applicable Area
Citywide
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
Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality
entertainment destination.
Legislative Tracking
Public Works
Page 209 of 226