R5Q-Amend Chapter 82 Abate Sidewalk Caf� Fees North Of 63rd Street -Libbin-COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending
Miami Beach City Code Chapter 82, Entitled "Public Property', By Amending Article lv Thereof Entitled
"Uses In Public Right-Of-Way", By Amending Section 82-383, Entitled "Permit Fee; Penalties For Late
Payments; Review Of Fee," By Amending Subsection (A) There Of To Abate Sidewalk Cafe Fees For
Businesses North Of 63rd Street, Through And Including September 30, 2015 And Requiring A Budget
Analysis And Review By The City Administration By September 15, 2015; Providing For Repealer,
Codification, Severability, And An Effective Date.
Key Intended Outcomes Supported:
IN/A
Item Summary/Recommendation:
The Miami Beach City Code Chapter 82 authorizes the City to charge restaurants with sidewalk cafes a
$150.00 annual permit fee, plus $20.00 per square foot for the cafe area. The City does not charge
Sidewalk'Cafe fees for businesses situated on State Roads because they were outside its jurisdiction.
This created a competitive disadvantage for sidewalk cafes on City streets in the North beach Area.
In 1998, pursuant to Ordinance No. 98-3146, Sidewalk Cafe fees were abated during the North Shore
construction project and for a year after completion as an economic development measure. Pursuant to
Ordinance No. 2000-3237 adopted on April 12, 2000, the City Commission extended the fee waiver
provisions to September 30, 2001.
At its January 15, 2003, the Finance and Citywide Projects Committee (FCWPC) recommended that the
City of Miami Beach again waive Sidewalk Cafe fees for all businesses north of 63rd Street and annually
review this waiver at budget time, in order to create a more equitable completion and stimulate business
for sidewalk cafes in the North Beach Area. On February 26, 2003, the City Commission adopted
Ordinance No. 2003-3397 which reinstated the fee waiver provisions subject to a two year budget
analysis and review by the Administration. Later that same year, the City Commission adopted
Ordinance No. 2003-3423 on July 30, 2003 repealing the Sidewalk Cafe fee abatement provisions.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE.
Advisory Board Recommendation:
At its July 19, 2013 meeting, the City Commission heard Item R9P, "A Discussion To Immediately
Reinstate The Fee Waiver For Sidewalk Cafes In North Beach" submitted by Commissioner Jerry
Libbin, and approved a referral to the Finance and Citywide Projects Committee (FCWPC), and
requested that the item be brought back to the City Commission with a proposed Ordinance.
In addition, the Commission requested that a new fee abatement program be established for the square
footage fee on sidewalk cafe permits issued for locations north of 63ro Street.
This item is scheduled to be considered at the September 19, 2013 FCWPC meeting, for the
Committee's recommendation and will then be referred back to the full Commission.
Financial Information:
Source of funds # Amount Account
I I
1
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Jay Fink, ext 6319
Si
t Director
T:\AGENDA\2013\September 11 \Sidewalk cafe ordinance amendment-SUMM.docx
MIAMI BEAC·H
681
Approved
AGENDA ITEM ___.:.R~s=--Q..~_
DATE _tlf,_,-f ....... f....:..../3~
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~ MIAMI BEACH
City of Migmi Begch, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and
DATE: September 11, 2013
SUBJECT: AN ORDINANCE OF THE MA RAND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 82,
ENTITLED "PUBLIC PROPERTY', BY AMENDING ARTICLE IV THEREOF
ENTITLED "USES IN PUBLIC RIGHT-OF-WAY", BY AMENDING SECTION 82-383,
ENTITLED "PERMIT FEE; PENALTIES FOR LATE PAYMENTS; REVIEW OF FEE,"
BY AMENDING SUBSECTION (a) THERE OF TO ABATE SIDEWALK CAFE FEES
FOR BUSINESSES NORTH OF 63R 0 STREET, THROUGH AND INCLUDING
SEPTEMEBER 30, 2015 AND REQUIRING A BUDGET ANALYSIS AND REVIEW
BY THE CITY ADMINISTRATION BY SEPTEMBER 15, 2015; PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Ordinance.
BACKGROUND
The Miami Beach City Code Chapter 82 authorizes the City to charge restaurants with sidewalk
cafes a $150.00 annual permit fee, plus $20.00 per square foot for the cafe area. The City does
not charge Sidewalk Cafe fees for businesses situated on State Roads because they were
outside its jurisdiction. This created a competitive disadvantage for sidewalk cafes on City
streets in the North beach Area.
In 1998, pursuant to Ordinance No. 98-3146, Sidewalk Cafe fees were abated during the North
Shore construction project and for a year after completion as an economic development
measure. Pursuant to Ordinance No. 2000-3237 adopted on April 12, 2000, the City
Commission extended the fee waiver provisions to September 30, 2001.
At its January 15, 2003, the Finance and Citywide Projects Committee (FCWPC) recommended
that the City of Miami Beach again waive Sidewalk Cafe fees for all businesses north of 63rd
Street and annually review this waiver at budget time, in order to create a more equitable
completion and stimulate business for sidewalk cafes in the North Beach Area. On February 26,
2003, the City Commission adopted Ordinance No. 2003-3397 which reinstated the fee waiver
provisions subject to a two year budget analysis and review by the Administration. Later that
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Sidewalk Cafe Ordinance Amendment-Memo
September 11, 2013
Page 2 of2
same year, the City Commission adopted Ordinance No. 2003-3423 on July 30, 2003 repealing
the Sidewalk Cafe fee abatement provisions.
ANALYSIS
At its July 19, 2013 meeting, the City Commission heard Item R9P, "A Discussion To
Immediately Reinstate The Fee Waiver For Sidewalk Cafes In North Beach" submitted by
Commissioner Jerry Libbin, and approved a referral to the Finance and Citywide Projects
Committee (FCWPC), and requested that the item be brought back to the City Commission with
a proposed Ordinance.
In addition, the Commission requested that a new fee abatement program be established for the
square footage fee on sidewalk cafe permits issued for locations north of 63rd Street.
This item is scheduled to be considered at the September 19, 2013 FCWPC meeting, for the
Committee's recommendation and will then be referred back to the full Commission thereafter.
CONCLUSION
The Administration recommends approving the Ordinance
Attachments: City Code Chapter 82 draft Ordinance
~JF
T:IJI.GENDA\2013\September 11 \sidwalk cafe ordinance amendment-MEMO.docx
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ORDINANCE TO BE SUBMITTED
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