LTC 401-2022 Sidewalk Cafe and Parklet Permits for FY2021-22 and Concession Agreements for 2022-24401-2022
MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. LTC # LETTER TO COMMISSION
TO: Honorable Mayor Dan Gelber and Members of the City Commission
FROM: Alina T. Hudak, City Manager ~ ~-9,,,
DATE: September 23, 2022
SUBJECT: Sidewalk Cafe and Parklet Permits for FY2021-22 and Concession
Agreements for 2022-24
The purpose of this Letter to Commission is to notify the Mayor and City Commission of
planned enforcement and potential suspension of sidewalk cafe or parklet operations for
those restaurant operators that have not completed the Outdoor Dining Concession
Program ("Concession Program") process for 2022-24.
Pursuant to the direction of the City Commission, the Administration plans to send letters
to each sidewalk cafe operator this week, outlining exactly what requirements each
operator must meet (but has not yet) in order to continue doing business on City property
after September 30, 2022 .
The City also offered four ( 4) virtual informational sessions to provide the restaurants with
information and assistance for the transition to the new Concession Program and answer
any questions as to requirements that must be met to operate on City property.
On October 1, 2022, pursuant to direction of the City Commission, the Code Compliance
Department will issue notices of violation and order any restaurant that have not met all
requirements for the Concession Program, to immediately cease all outdoor dining
operations on City property until all requirements have been met.
Sidewalk Cafe and Parklet Program FY2021-22
On July 20, 2022, the Mayor and City Commission extended the permit application
deadline for the FY2021-22 permit year for sidewalk cafe and parklet programs through
September 30, 2022, to allow restaurants who submitted a sidewalk cafe and/or parklet
permit to the Public Works Department, an opportunity to obtain approval of their site plan.
Currently, there are 53 sidewalk cafe permits pending, of which 39 have outstanding
permit fees, and there are 25 parklet permits pending, of which 22 have outstanding permit
fees . Additionally, the Public Works and Code Compliance Departments will notify the
restaurants in writing and electronic email on the pending status of their application. As
with all City processes, if the City has not approved the site plan, or the restaurant has
outstanding permit fees and fines, the restaurant will not be allowed to conduct outdoor
dining operations on City property after September 30, 2022.
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Outdoor Dining Concession Program for 2022-24
At the June 22, 2022, City Commission Meeting, the Mayor and City Commission
created the Concession Program. All existing sidewalk cafe operators were offered the
option to participate in the Program in order to offer outdoor seating on the City property.
The Concession Program is being overseen by the Public Works Department. To date,
165 agreements have been sent to the restaurants, of which 150 have been fully executed,
and 15 are pending signature . The Public Works Department is actively working on
contacting the restaurants that have not responded to the City.
Additionally, Public Works has provided invoices to each concessionaire for the contract
period beginning on October 1, 2022 . Each existing sidewalk cafe operator must execute
an Outdoor Dining Concession Agreement and pay the minimum fee due by September
30, 2022, in order to provide outdoor dining service on the City's property after that date .
Conclusion
Effective October 1, 2022, in order for a restaurant to offer outdoor dining service on City
property, the restaurant must obtain site plan approval from the City, execute the Outdoor
Dining Concession Agreement for 2022-24, pay the outdoor dining concession fee (or the
minimum down payment), as well as any outstanding permit fees and fines for FY2021-
22 by close-of-business Friday, September 30, 2022.
Therefore, if any restaurant does not fulfill the above requirements by Friday, September
30, 2022, all outdoor dining operations on City property must cease, no later than 11 :59
p.m. on Friday, September 30, 2022 . Additionally, all items associated with outdoor dining,
including tables, chairs, umbrellas, planters, fencing, decks, green turf, lighting, decor,
signage, and all other outdoor dining furnishings located on the right-of-way, must be
removed no later than 3:00 a.m . on Monday, October 3, 2022.
If restaurants are required to remove their outdoor dining items from City property, but do
not do so by October 3, 2022, the City will remove and dispose of all these items, with all
associated costs to be paid by the restaurant owner.
If you have any questions regarding the foregoing, please do not hesitate to contact me
or Otniel ~iguez at 0tnie1Rodriguez@miamibeachfl.gov .
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