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LTC 315-2024 SIDEWALK CAFE INDEXDocusign Envelope ID:1AD78C81-3D1D-49F9-8B92-B1D43E1FC018 MIAMI BEACH OFFICE OF THE CITY MANAGER LTC# TO: FROM: DATE: SUBJECT: LETTER TO COMMISSION Honorable Mayor Steven Meiner and Members of the City Commission Rickele wiams, Interim ciy Manager fl) July 24,2024 SIDEWALK CAFE INDEX The purpose of this Letter to Commission (L TC)is to communicate the results of the Sidewalk Cafe Index from FY 2024 Quarter 3 (April 1,2024 to June 30,2024). Key Metrics Sidewalk Cafe Index : %No Litter on the Ground %No Hawking Observed %Itemized Resort Tax and Sales Tax %Optional Tip Greater than Permitted %Tipping not clear on menu Background 82% 97% 59% 29% 34% The Sidewalk Cafe Index is an objective measurement of established cleanliness/appearance and customer service criteria.The results of the assessments will be used to monitor the impacts of ordinances and regulations to target areas for future improvements and assure the quality of services.The program includes sidewalk cafes located across the city with concessionaire agreements (Attachment A). At its May 1,2019 meeting,the Safety,Security and Infrastructures subcommittee of the Mayor's Panel on Ocean Drive recommended the development of a secret shopper program as an investigative tool to ensure compliance with established regulations for sidewalk cafes. Initially,the administration considered employing a secret shopper program that would be entirely outsourced to a professionally accredited company to perform the investigatory function.However,the cost of engaging a private firm is significantly higher than the City hiring qualified individuals to monitor and report,similar to the City's successful performance assessment programs for trolleys and garage security/attendants. Comparable to the City's other performance assessment programs,the sidewalk cafe index was developed to evaluate criteria aligned to the following categories:Cleanliness/Appearance and Customer Service/Consumer Protection (Attachment B). As with all performance initiatives,assessments were paused from April 2020 through September 2023.Prior to reimplementation of the index in FY 24 Q1,City staff met with community representatives from the commercial districts.The updated index was presented in detail to the hospitality leaders,who provided helpful feedback and were enthusiastically supportive. 315-2024 Docusign Envelope ID:1AD78C81-3D1D-49F9-8B92-1D43E1FC018 Summary of Sidewalk Cafe Index Program Overall,the Sidewalk Cafe Index resulted in the assessment of 36 cafes located throughout the City.The assessments were conducted between April 1,2024 through June 30,2024. Positive Criteria in FY 24 Q3 •Appearance and Cleanliness:Overall,94%of appearance and cleanliness cafe assessment criteria rated well with subarea results as follows: •92%sidewalks are well maintained with 90%of assessments exceeding all criteria except for no sidewalk stains and no litter on ground at 82%respectively. •97%sidewalk furniture well maintained with 90%of assessments exceeding all criteria. •94%sidewalks usable with 90%of assessments exceeding all criteria except for no physical or visual barriers around permitted area at 87%. •Customer Service/Customer Protection:Overall,95%of customer service cafe assessment criteria rated well with subareas as follows: •90%menu well-presented with 90%of assessments exceeding all criteria except for gratuity/service charge explained on all menus at 68% •97%service experience with 90%of assessments exceeding all criteria •97%meal quality rating well with 90%of assessments exceeding all criteria •97%restrictions met with 90%of assessments exceeding all criteria •95%exit interview visitor/tourist indicating likely to return •Hawking:97%of assessments conducted did not experience or observe any hawking during the assessment. Area of Focus in FY 24 03 •Customer Service/Customer Protection:Check/Bill Well-Presented •Itemized resort and sales tax-On 15 occasions concessionaires failed to accurately label amount of city,county,and state taxes on the face of the customers'bill. Public Works will review the list of cafes in question to ensure they are in compliance,both generally and specifically regarding the itemization of taxes and tipping limit requirements per the agreement. •Optional tip suggestion -On 10 occasions the optional tip suggested was greater than 5%of the pre-tax amount •Tipping not clear on menu -On 12 occasions the percentage of the automatic gratuity and/or service charge was not clearly displayed on the menu •90%check/bill assessments were well-presented except itemized resort tax and sales tax at 59% •90%menu assessments were well presented except gratuity service charge explained on all menus in same size as menu item at 68% •Other Observations •Live entertainment or speakers -On 22 occasions live entertainment or speakers were noted in the concession area. •Single use plastic beverage,straws or stirrers-On 4 occasions single use plastic beverage,straws or stirrers were noted. •Plastic bag provided for single use carry out-On 4 occasions plastic bags were provided for single use carry out. Code Compliance issued 96 letters of default based on information gathered through the Sidewalk Cafe Index and code enforcement inspections and continues to follow-up to ensure compliance. Docusign Envelope ID:1AD78C81-3D1D-49F9-8B92-1D43E1FC018 Overall Report -Sidewalk Cafe Index %CHANGE FROM FY24 01 PREVIOUSQ2Q3QTR Cleanliness/Appearance 95%95%94%-1% Sidewalk Well Maintained 93%94%92%-3% No sidewalk stains 85%79%82%4% No graffiti or advertisements 97%100%97%-3% No litter on the ground 83%93%82%-12% No standing water/organic material 100%100%97%-3% Odor free 100%98%100%2% Sidewalk Furniture Well Maintained 100%95%97%2% Table clean,attractive and orderly 100%95%95%0% Chairs clean,attractive and orderly 100%98%97%-1% Umbrella clean,attractive and orderly 100%88%95%8% Furniture safe -high quality,design,and materials 100%95%97%2% Signage well-maintained and usable 100%100%100%0% Sidewalk Usable 93%97%94%-2% No physical or visual barriers around permitted area 83%93%87%-6% No stacking or piling of chairs and storage of dishes/silverware 100%98%97%-1% No special board 90%95%92%-3% No advertising and/or special signage (including on tables)93%98%95%-3% No food displays 97%99%100%1% Customer Service/Consumer Protection 90%94%95%1% Menu Well Presented 83%92%90%-2% Menu provided with prices listed adjacent to item 100%100%96%-4% Specials listed in menu or provided on separate menu with prices listed adjacent to item with terms &conditions 81%93%90%-3% Automatic sharing service fees/charges on menu in same size as menu item 71%95%97%2% Gratuity/service charge explained on all menus in same size as menu item and same%on each menu 72%75%68%-9% Corkage fee or set-up fee disclosed on menu or N/A 90%99%100%1% Check/Bill Well Presented 86%83%90%9% Electronic or paper bill provided 100%98%99%1% Automatic gratuities/tip in minimum 14 point font 93%86%100%16% Automatic service charge,corkage fee,set up fee,or sharing fee in minimum 12 point font 90%91%99%9% Itemized resort tax and sales tax 48%51%59%16% Suggested or automatic gratuity calculated on pre-tax sale amount of food/drinks and service charges (if applicable)at 15%,18%,or 20%97%87%95%9% Docusign Envelope ID:1AD78C81-3D1 D-49F9-8B92-B1D43E1FC018 Service Experience 89%98%97%-1% Met DBPR (Dept.of Business and Professional Regulation)inspection standard during the most recent visit 98%100%100%0% Yelp/Google above average rating 76%98%92%-6% Trip Advisor above average rating 83%100%92%-8% Concessionaire did not communicate rudely or antagonistically during complaint 100%100%100%0% Concessionaire did not offer any inducement to leave a positive review on an online platform 90%93%100%8% Meal Quality 97%98%97%-1% Order was correct and as requested 95%98%96%-2% Food was delivered in a reasonable amount of time 98%98%95%-3% Food was freshly cooked,hot/cold upon arrival and tasty 97%98%99%1% Food was well-prepared 100%98%97%-1% Employees were helpful,professional and courteous with food-related issue 97%100%100%0% Restrictions 97%99%99%0% No sales of cigars/cigarettes outside of the concession area 93%98%97%-1% No vendor use of flashing lights or signs to gain attention 100%100%100%0% No vapor generated devices (hookahs)available in the concession area 100%98%97%-1% All employees wearing uniforms 95%100%100%0% Hawking Observation No hawking experienced or observed 79%100%97%-3% One to four instances of hawking observed 14%0%3%300% Five or more instances of hawking observed 7%0%0%0% Forms of hawking experienced or observed Aggressive hawking --verbal 10 0 2 200% Aggressive hawking --use of menu 4 0 0 Aggressive hawking --following customers 2 0 0 Aggressive hawking --Use of card/coupon 0 0 0 Aggressive hawking --blocking pedestrian path 0 0 0 Aggressive hawking --host/hostess on two sides of path 0 0 0 Exit Interview Visitor/Tourist Informational Questions 97%98%95%-3% Would your experience at this restaurant make you likely to return again?97%98%95%-3% As a visitor/tourist to Miami Beach,would you be more or less likely to return to Miami Beach based upon your experience at this restaurant?97%98%95%-3% Docusign Envelope ID:1AD78C81-3D1D-49F9-8B92-1043E1FC018 City part-time staff is conducting sidewalk cafe assessments every quarter.If you or any member of your staff is interested in participating as an Excellence Program assessor,please contact Dr. Leslie Rosenfeld with Education and Performance Initiatives at extension 26923. If you have any further questions,please feel free to contact me. Attachment A -Sidewalk Cafes Attachment B -Sidewalk Cafe Index c:Eric Carpenter,Deputy City Manager Mark Taxis,Assistant City Manager Bradford Kaine,Interim Public Works Director Hernan Cardeno,Code Compliance Director Rob Rosenwald,Chief Deputy City Attorney Jason D.Greene,Chief Financial Officer(1~L!:~nfeld,Chief Education and Performance Officer #e rr Docusign Envelope ID:1AD78C81-3D1D-49F9-8B92-B1D43E1 FC018 ATTACHMENT A SIDEWALK CAFE (as of October 2023) -I -Restaurant Name Number &Street Restaurant Name Number &Street TACO RICO 409 15th St OH MEXICO /CAFE NOVO 410 Espanola Way CUBATON 413 15th St PAPERFISH 432 Espanola Way BODEGA 1220 16th St THE DREXEL 516 Espanola Way SUVICHE SUSHI AND CEVICHE 1119 16th ST YARD BIRDS 1600 Lenox Avenue Ricky's/Necessary Purveyor 1222 16th St ROSETTA BAKERY 1666 Lenox Avenue INTI.MO 840 1st ST BRAZA Y LENA (OLE OLE)626 Lincoln Rd BARCELONITTA 1400 20th ST CUBAN-ITA-PIZZA TUA?667 Lincoln Rd MAIA SPIRITS &WINE 1414 20th St GROOVY'S PIZZA 938 Lincoln Rd SWEET LIBERTY 237 20th st HAA GEN DAZS 665 Lincoln Rd GRILL HOUSE 976 41st ST HAAGEN DAZS 424 Lincoln Rd STARBUCKS #21216 827 41st St HAVANA1957 819 Lincoln Rd LAS OLAS 644 6th ST IT ITALIAN TRA TTORIA 1014 Lincoln Rd BUENOS AIRES BAKERY 230 71st ST ISSABELLA'S 1022 Lincoln Rd CAFE PRIMA PASTA 414 71st ST LA CERVECERIA DEL BARRIO-Oh Mexico?836 Lincoln Rd GEORGE'S RESTAURANT 300 72ndST OSTERIA DA FORTUNA TA 607 Lincoln Rd MACCHIA Li NA RESTAURANT 820 Alton Road ROSIN ELLA 525 Lincoln Rd WOK TO WALK 1629 Alton Road SEGAFREDO/COLONY THEATER 1040 Lincoln Rd TANUKI 1080 Alton Road SPRIS INC.731 Lincoln Rd AVO MIAMI 1834 Bay Road STARBUCKS #13007 605 Lincoln Rd LUCALI RESTAURANT 1930 Bay Road ZEKE'S ROADHOUSE 625 Lincoln Rd TEQUIZTLAN MEXICAN 1884 Bay Road STARBUCKS #8251 826 Lincoln Rd BIG PINK 157 Collins Ave 7SPICES (FREDDO)610 Lincoln Road CAMPO ARGENTI NO 6954 Collins Ave CHEESECAKE FACTORY 600 Lincoln Road FIFI'S ON THE BEACH 6934 Collins Ave AURAATBOOKS 927 Lincoln Road HAAGEN DAZS 1670 Collins Ave CAPITAL ONE CAFE 1029 Lincoln Road NORMAN'S TAVERN 6770 Collins Ave CVI.CHE 105 1245 Lincoln Road SUNNYS 1058 Collins Ave FAT RONNIE'S 1233 Lincoln Road VENEZIA PIZZA &CAFE 6646 Collins Ave FINN EGANS ROAD 942 Lincoln Road BURGERS &SHAKES 7401 Collins Avenue I SCREAMGELATO 211 Lincoln Road CARBONE 49 Col Ii ns Avenue KANSAS 647 Lincoln Road IRON SUSHI #4 6940 Col Ii ns Avenue MUNCHIES 324 Lincoln Road IT ITALIAN TRA TTORIA 1656 Collins Avenue NESPRESSO 643 Lincoln Road ROSETTA BAKERY 1666 Collins Avenue MAMMAMIA 670 Lincoln Road SULTAN 1903 Col Ii ns Avenue PANIZZA BISTRO 1229 Lincoln Road WILDE ON THE PORCH 1700 Collins Avenue PAUL 450 Lincoln Road CALL ME GABY 816 Commerce ST PIZZETTE 1223 Lincoln Road TIME OUT MARKET 1601 Drexel Ave PLAYAMIAMI 915 Lincoln Road A LA FOLIE 516 Espanol a Way POLLOS Y JARRAS 1237 Lincoln Road CRAFTSOUTH BEACH 445 Espanola Way ROMINA'S 833 Lincoln Road ESPANOLA CIGARS 409 Espanola Way TAP ELIA 551 Lincoln Road ESPANOLITA 437 Espanola Way TASCA PAELLA 920 Lincoln Road AUBI &RAMSA 440 Espanola Way THE LOBSTER SHACK 613 Lincoln Road GOOD GIRL SAKA YA 447 Espanol a Way SHAKE SHACK 1111 Lincoln Road,Apt 14 HOSTERIA ROMANA 429 Espanola Way LAS VACAS GORDAS 933 Normandy Drive LA LEGGENDA 224 Espanol a Way BETSY ROSS HOTEL 1440 Ocean Drive Do cu sign Envelope ID:1AD78C81-3D1D-49F9-892-B1D43E1FC018 Restaurant Name Number &Street BOULEVARD RESTAURANT(Redo)740 Ocean Drive JALAPENO MEXICAN GRILL 530 Ocean Drive CI'S CRAB SHACK 600 Ocean Drive KANTINA 834 Ocean Drive CALA CAFE (LA TRATTORIA)1244 Ocean Drive CALL ME CUBAN 1300 Ocean Drive ICON 860 Ocean Drive CAFE AMERICANO 1144 Ocean Drive READHEAD SANDWICHES 1144 Ocean Drive IL BOLOGNESE 1400 Ocean Drive CAFE MILANO 850 Ocean Drive THE BIRDCAGE (CARLYLE CAFE)1250 Ocean Drive MEET DALIA 640 Ocean Drive LA CERVECERIA DEL BARRIO 1412 Ocean Drive PELICAN HOTEL 826 Ocean Drive OCEAN 7 CAFE 660 Ocean Drive FINN EGANS WAY 1344 Ocean Drive THE NEWS CAFE 800 Ocean Drive MEET MIA -DBA AMALFI TRATTORIA 620 Ocean Drive A FISH CALLED AVALON 700 Ocean Drive MONTANAS 736 Ocean Drive CAVALIER HOTEL 1320 Ocean Drive HAVANA 1957 940 Ocean Drive HAVANA 1957 OCEAN 1410 Ocean Drive MANGO'S 900 Ocean Drive OCEAN TEN 960 Ocean Drive PALACE 1052 Ocean Drive PALACE CAFE D052-8 Ocean Drive PINK TACO 1200 Ocean Drive SOCIAL 1024 Ocean Drive STARLITE HOTEL 750 Ocean Drive SUGAR FACTORY 1060 Ocean Drive TGI FRIDAY'S 500 Ocean Drive THE LOCUST 918 Ocean Drive VOODOO 928 Ocean Drive WET WILLIES 760 Ocean Drive KANOU 1236 Ocean Drive PURPLE PENGUIN CAFE-CLOSED 1418 Ocean Drive Restaurant Name Number &Street KOMMA 560 Washington Ave GRAFA PIZZA 1357 Washington Ave FRATELLI LA BUFALA 437 Washington Ave AMALFI TRATTORIA 1403 Washington Ave STUBBORN SEED 101 Washington Ave MOSHI MOSHI {SUSHI YAMAJAPANESE)1448 Washington Ave P.POLEPIZZA 701 Washington Ave PIZZA RUSTICA 863 Washington Ave SAFRON RESTAURANT 1049 Washington Ave SRIRACHA HOUSE FAST FOOD 1502 Washington Ave THE CHICKEN SPOT 855 Washington Ave ESQUINA CUBANA 710 Washington Ave CU-1 THE GARDEN HOUSE 710 Washington Ave,CU 1 PURA VIDA MIAMI 110 Washington Ave,CU 2 LA VENTANA 710 Washington Ave,CU 2 BURGERMEISTER 425 Washington Avenue DECO WINGS AND BURGERS 1361 Washington Avenue LA LOCANDA 419 Washington Avenue PANE &VINO 1450 Washington Avenue IRON SUSHI 840 Washington Avenue CAFFE DI MAURO 1464 Washington Avenue KALAMATA 423 Washington Avenue BOLIVAR RESTAURANT 841 Washington Avenue LA MULATA CUBAN RESTAURANT 1443 Washington Avenue FIVE GUYS BURGERS &FRIES 1500 Washington Avenue LIMONCELLO 1334 Washington Avenue JUICE&JAVAII 1346 Washington Avenue MATILDA'S TACO BAR 413 Washington Avenue MAMA'S TACOS 710 Washington Avenue,Cl SOBE VEGAN SOUTH BEACH 110 Washington Avenue,Cl CUBA LIBRE(name change?Cuban Drive)524 Ocean Drive THE BEACON 720 Ocean Drive RONI'S RESTAURANT 7300 Ocean Terrace SARDINIA ENOTECA RISTORANTE 1801 Purdy Ave STILTVILLE CAFE 1787 Purdy Avenue TASTI D-LITE CAF 4041 Royal Palm Avenue HIRO'S SUSHI EXPRESS SOUTH BEACH 1518 Washington Ave Docusign Envelope ID:1AD78C81-3D1D-49F9-8B92-B1D43E1FC018 ATTACHMENT B SIDEWALK CAFE INDEX Will use True /False for each of the criteria below leading to a score from 1 extremely well maintained/excellent customer service to 6 poorly maintained/poor customer service. 5 True =1 score 4 True=2 score 3 True=3 score 2 True=4 score 1True =5 score 0 True=6 score Cleanliness /Appearance Sidewalk Well-Maintained •No sidewalk stains •No graffiti or advertisements •No litter on ground •No standing water/organic material •Odor free Sidewalk Furniture Well-Maintained •Table clean,attractive and orderly •Chairs clean,attractive and orderly •Umbrella clean,attractive and orderly •Furniture safe -high quality,design,and materials •Signage well maintained and usable Pull down comment for informational purposes Furniture damaged Furniture stained Furniture signs of deterioration Sidewalk Usable •No physical or visual barriers around permitted area •No stacking or pilling of chairs and storage of dishes/silverware •No specials board •No advertising and/or special signage (including on tables)signs •No food displays Pull down comment for informational purposes Furniture blocking walkway Planters on sidewalk 1 menu board every 50 ft Customer Service Menu Well-Presented •Menu provided with prices listed adjacent to item •Specials listed in menu or provided on separate menu with prices listed adjacent to item with terms &conditions •Automatic sharing fees/charges on menu in same size as menu item •Gratuity/service charge explained on all menus in same size as menu item and same % on each menu •Corkage fee or set up fee disclosed on menu or N/A Pull down comment for informational purposes Specials provided verbally not on a menu Discount listed not adjusted on bill/check Sharing fee not on menu but charged •Menu item change requested but price not provided •Menu identical to sample menu provided to city Docusign Envelope ID:1AD78C81-3D1D-49F9-8B92-B1D43E1FC018 Check/Bill Well-Presented •Electronic or paper bill provided •Automatic gratuities/tip in minimum 14 point font •Automatic service charge,corkage fee,set up fee,or sharing fee in minimum 12 point font •Itemized resort tax and sales tax •Suggested or automatic gratuity calculated on pre-tax sale amount of food/drinks and service charges (if applicable)at 15%,18%,or 20% Pull down comment for informational purposes •Tipping not clear on menu or wrong tip calculated •Had to request bill •Optional tip suggested greater than 5%of pre-tax sale amount •Check/Bill did NOT reflect the order including any specials presented orally or in writing •Gratuity/Tip/Service charge was automatically added to the check/bill •Gratuity/Tip %added to the bill matched %on the credit card display/form •Employee indicated they receive a %of the service charge •Please explain the percentage calculated •Please explain employee response •Explain the Additional Tip (If applicable) Service Experience •Met DBPR (Dept.of Business and Professional Regulation)Inspection Standard during the most recent visit Search the Cafe through the link: https://www/myfloridalicense.com/wl 11.asp?mode=1 &SI D=&brd=&typ= •Yelp/Google above average rating •Trip Advisor above average rating •Concessionaire did not communicate rudely or antagonistically during complaint •Concessionaire did NOT offer any inducement to leave a positive review on online platform Pull down comment for informational purposes •Other guests appeared to be enjoying the restaurant •Other guests appeared satisfied •Patrons appeared displeased with the experience •Please explain why the patrons appeared displeased with the experience Meal Quality •Order was correct and as requested •Food was delivered in a reasonable amount of time •Food was freshly cooked,hot/cold upon arrival and tasty •Food was well-prepared •Employees were helpful,professional and courteous with food related issue •Please explain why employees were not helpful,professional and courteous Restrictions •No sales of cigars/cigarettes outside the concession area •No vendor use of flashing lights or signs to gain attention •No oversized ALCOHOLIC drinks greater than 22 ounces (except bottles of wine)were served •No vapor generated devices (hookahs)available in the concession area •All employees wearing uniform Pull down comment for informational purposes •Request for larger alcoholic drink was denied •Request for larger alcoholic drink was granted Docusign Envelope ID:1AD78C81-3D1D-49F9-8B92-B1D43E1FC018 •Drink specials were presented clearly and reflected correctly on the bill This section will be a selection of one observation resulting in the score indicated: Hawking Observation •No hawking experienced or observed (1 score) •One instance of hawking observed (2 score) •Two instances of hawking observed (3 score) •Three instances of hawking observed (4 score) •Four instances of hawking observed (5 score) •Five or more instances of hawking observed (6 score) Pull down comment for informational purposes Aggressive hawking -verbal Aggressive hawking -use of menu Aggressive hawking -use of card/coupons Aggressive hawking -following customers Aggressive hawking -blocking pedestrian path •Aggressive hawking -host/hostess on two sides of pedestrian path Pull down comment for general informational purposes Live entertainment or speakers •Single use plastic beverage or stirrers •Cafe furniture within 5 feet of an alley,pedestrian crosswalk or corner curb out •Cafe furniture within 10 feet of bus bench/shelter •Plastic bag provided for single use carry out •Alcohol being served in concession area between 1:30 am and 8 am •Barriers around the concession area (planters or other less than 5 ft.apart) •Sample food displayed to the public •Concession area used for purpose other than outdoor cafe •What other purpose was the concession area used for? Exit Interview Visitor/Tourist Informational Questions •Would your experience at this restaurant make you likely to return again? •As a visitor/tourist to Miami Beach,would you be more or less likely to return to Miami Beach based upon your experience at the restaurant?