R5K-Amend Ch 82 Abate Sidewalk Cafe Fees For Businesses North Of 63rd St -TobiCOMMISSION 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 ln Public Right-Of-Way", By Amending Section 82-383, Entitled "Permit Fee; Penalties For Late
Payments; Review Of Fee," By Amending Subsection (A) Thereof To Abate Sidewalk Caf6 Fees For
Businesses North Of 63'o Street, Through And lncluding September 30,2017; Providing For Repealer,
Codification,, And An Effective Date.
Intended Outcomes Su
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 caf6 area. The City does not charge
Sidewalk Caf6 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.
ln 1998, pursuant to Ordinance No. 98-3146, sidewalk caf6 fees were abated during the North Shore
construction project and for a yeat 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.
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 Caf6 fee abatement provisions.
At its July 19, 2013 meeting, the City Commission heard ltem RgP, 'A Discussion To lmmediately
Reinstate The Fee Waiver For Sidewalk Cafes ln North Beach" and approved a referral to the Finance
and Citywide Projects Committee (FCWPC). ln addition, the Commission requested that a new fee
abatement program be established for the square footage fee on sidewalk caf6 permits issued for
locations north of 63'o Street.
At its September 19,2013, the FCWPC Committee recommended that the sidewalk caf6 fees be
waived. At its October 2013 meeting, the City Commission adopted Ordinance No. 2013-3824 which
waived square footage fees for sidewalk cafes north of 63'o Street.
Presently, north of 63'd Street, there are three (3) restaurants with sidewalk cafes with a total footprint of
985 square feet that are not on State roadways and nine (9) sidewalk cafes with a total footprint of 880
square feet on State roadways.
THE ADMINISTRATION RECOMMENDS SETTING THE PUBLIC HEARING FOR THE ORDINANCE.
Financial ! nformation :
Source of funds #Amount Account Approved
I 1l
Financial lmpact Summary:
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€ity of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the C
Jimmy L. Morales, City Manager
September 2,2015
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 82,
ENTTTLED "PUBLIC PROPERTY'I BY AMENDTNG 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 SUBSEGTION (A) THEREOF TO ABATE SIDEWALK CAFE FEES
FOR BUSINESSES NORTH OF 63RD STREET, THROUGH AND TNCLUDING
SEPTEMEBER 30, 2017; PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY, AND AN EFFECTIVE DATE.
ADM!NISTRATION RECOMMENDATION
The Administration recommends approving the Ordinance.
BACKGROUND
The Miami Beach City Code Chapter 82 authorizes the City to charge restaurants with sidewalk
caf6s a $150.00 annual permit fee, plus $20.00 per square foot for the caf6 area. The City does
not charge Sidewalk Caf6 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.
ln 1998, pursuant to Ordinance No. 98-3146, sidewalk caf6 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.
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 Caf6 fee abatement provisions.
At its July 19, 2013 meeting, the City Commission heard ltem RgP, "A Discussion To
lmmediately Reinstate The Fee Waiver For Sidewalk Cafes ln North Beach" and approved a
referral to the Finance and Citywide Projects Committee (FCWPC). ln addition, the
TO:
FROM:
DATE:
SUBJECT:
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Sidewalk Caf6 Ordinance Amendment - Memo
September 2,2015
Page 2 of 2
Commission requested that a new fee abatement program be established for the square
footage fee on sidewalk caf6 permits issued for locations north of 63'd Street.
At its September 19,2013, the FCWPC Committee recommended that the sidewalk caf6 fees
be waived. At its October 2013 meeting, the City Commission adopted Ordinance No. 2013-
3824 which waived square footage fees for sidewalk cafes north of 63'd Street.
Presently, north of 63'd Street, there are three (3) restaurants with sidewalk cafes with a total
footprint of 985 square feet that are not on State roadways and nine (9) sidewalk cafes with a
totalfootprint of 880 square feet on State roadways.
CONCLUSION
The Administration recommends setting a public hearing for the Ordinance.
Attachments: City Code Chapter 82 draft Ordinance
M*#&
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ORDINANCE TO BE SUBMITTED
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