LTC 483-2021 SIDEWALK CAFÉ RENEWAL PROCESS FOR FISCAL YEAR 2021-2022MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. LTC# 483-2021 LETTER TO COMMISSION
TO:
FROM:
Mayor Dan Gelber and Mem~e City Commission
Alina T. Hudak, City Managl]r v \
DATE: November 16, 2021
SUBJECT: SIDEWALK CAFE RENEWAL PROCESS FOR FISCAL YEAR 2021/2022
The purpose of this Letter to Commission is to provide the Mayor and City Commission
with an update regarding the sidewalk cafe renewal process for FY21/22.
The City of Miami Beach (the "City") began the sidewalk cafe renewal process for
FY21/22 in September 2021 . The Public Works Department with the assistance of Code
Compliance, Finance, Fire, Police and the City Attorney's Office have reviewed the 144
sidewalk cafe permit application and renewals.
Sidewalk cafe applications and renewals were reviewed pursuant to the newly
established criteria, as set forth in Section 82-382(c) of the City of Miami Beach Code of
Laws and Ordinances (the "City Code"), as passed and adopted by the Miami Beach
City Commission on March 17, 2021, pursuant to Ordinance No. 2021-4403.
The criteria considered in the determination as to whether a sidewalk cafe application or
renewal is approved or denied are as follows:
a. Violations of the City Code issued to the applicant/permittee and/or the business
establishment/restaurant.
b. Violations of Federal, State or County Law issued to the applicant/permittee
and/or the business establishment/restaurant
c. Whether any corporate officer of an applicant/permittee in the preceding twelve
(12) month period, or any person owning directly or indirectly, 10% or more of the
applicant/permittee in the preceding twelve (12) month period, has a prior history
of sidewalk cafe violation( s ).
d. Any favorable or unfavorable reviews pertaining to the applicant/permittee and/or
business establishment/restaurant.
e. Any verifiable complaints pertaining to the applicant/permittee and/or business
establishment/restaurant.
f. Any other information which the City Manager, or designee, deems to be
relevant, applicable, or essential to such determination.
The Public Works Department developed the following methodology by providing a
weighting factor or point to each type of violation issued by the Code Compliance
Department. The weights are as follows:
• Sidewalk Cafe Code of Conduct Violation: 1
• Sidewalk Cafe Violation: 1
• Emergency Order Violation ( curfew): 1
• Emergency Order Violation (ambient noise): 0.5
• Noise Violation: 0.5
• Sanitation Violation: 0.5
• Business Tax Receipt (BTR) Violation: 0.5
The initial review was based on the number of violations issued to the
applicant/permittee in the preceding twelve (12) month period. The City's twelve (12)
month period is identified pursuant to the fiscal year (October 1, 2020 -September 30,
2021 ). If the applicant/permittee had less than two (2) points, the City's administration
recommended to the City Manager to issue the sidewalk cafe permit, or renewal thereof.
If the applicant/permittee had two (2) points or more, the City has considered the history
of violations for an additional preceding twelve (12) month period (October 1, 2019 -
September 30, 2020). Moreover, if the applicant/permittee had two (2) points or more,
the City considered the remaining criteria:
• violations of the Federal, State or County Law
• whether a corporate officer or owner, that owns 10% or more of the
applicant/permittee has had a history of violation in the preceding twelve (12)
months
• any favorable or unfavorable reviews pertaining, or verifiable complaints
pertaining to the applicant/permittee
If the applicant/permittee, after further review, had three (3) or more points, and/or a
combination of the remaining criteria, the City's administration recommended to the City
Manager to deny the sidewalk cafe permit, or renewal thereof.
Following the foregoing methodology, the City identified 13 sidewalk cafe operators
whose sidewalk cafe permit were denied for the FY21/22. Two (2) sidewalk cafe
operators are located on Espanola Way, two (2) sidewalk cafe operators are located on
Lincoln Road, and nine (9) sidewalk cafe operators are located on Ocean Drive.
The applicant/permittee may reapply for a sidewalk cafe permit after 12 months having
elapsed since the date of this denial letter, as provided in Section 82-382(c)(3) of the
City Code.
If you have any questions regarding the foregoing, please do not hesitate to contact me
or Otniel Rodriguez at OtnielRodriguez@miamibeachfl.gov.
A~1k;OR