City-Commission-Adopts-Tough-New-Rules-for-Iconic-Sidewalk-Cafés
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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139, www.miamibeachfl.gov
OFFICE OF MARKETING & COMMUNICATIONS, Tel: 305.673.7575 PRESS RELEASE
Tonya Daniels, E-mail: tonyadaniels@miamibeachfl.gov
Melissa Berthier, E-mail: melissaberthier@miamibeachfl.gov
FOR IMMEDIATE RELEASE
Jan. 28, 2021
City Commission Adopts Tougher Penalties for Iconic Sidewalk Cafés
— The ordinance holds sidewalk café operators accountable for deceptive business
practices, solicitation and noise —
Miami Beach, FL – The Miami Beach City Commission unanimously adopted tougher
sanctions for violations of the city’s Sidewalk Café Code of Conduct, which imposes escalating
penalties for violations, including solicitation and improper disclosure of menu prices, taxes,
fees or other charges. The ordinance affects all sidewalk cafés in the city.
“Outdoor café tables are a very important source of revenue to many restaurants,” explained
Miami Beach Mayor Dan Gelber, who introduced the measure. “We want business operators to
act responsibly. That means not harassing people as they walk by their establishments, being
mindful of noise levels and being good corporate citizens by not blocking public rights of way.”
In addition to the existing fine structure, violations of the Sidewalk Café Code of Conduct now
carry a 24-hour suspension of the sidewalk café permit for a first violation. Upon reopening,
“the sidewalk café shall cease all sidewalk café business operations at midnight each day until
the permittee submits an operational plan, which must be approved by the city manager,
detailing how the violation(s) will be corrected.”
The second violation within the preceding 12-month period now carries a weekend-long
suspension of the sidewalk café permit along with a 10 p.m. daily closure of the sidewalk café
until an operational plan is approved. The third violation within the preceding 12-month period
will result in revocation of the sidewalk café permit for the remainder of the permit year.
Sidewalk café operators who receive four or more sidewalk café violations over the preceding
12-month period will now be banned from “applying for and obtaining” a sidewalk café permit
for two consecutive permit years following the permit year in which the most recent violation
occurred.
“I think this is an important ordinance. We’re strengthening. We’re getting tougher on bad
operators,” declared Miami Beach Commissioner Mark Samuelian, who co-sponsored the
enhanced penalties. “As we’ve said many times, operating and making money on public
property is a privilege, not a right. I think this is good government.”
The ordinance, which takes effect 10 days from the date of adoption, also targets unsightly
food displays, visual and physical clutter, overcrowding of the rights of way, along with
misleading advertising and bait-and-switch tactics.
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