R5A-Amend Ch 82 Abate Sidewalk Cafe Fees-Businesses N Of 63rd -Tobin-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 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 63'0 Street, Through And lncluding September 30,2017; Providing For Repealer,
Codification, Severabilitv, And An Effective Date. SECOND READING PUBLIC HEARING
N/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 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 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'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.
At its September 10, 2015 meeting, the City Commission read the Ordinance title into the record and
recommended moving forward with a Second Reading Public Hearing.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON SEGOND READING
PUBLIC HEARING.
Board Recommendation:
Financial lnformation :
Source of funds #Amount Account Approved
I 1l
Financia! lmoact Summarv:
Eric ter, ext 6012
AGEITDA ITg}'# MIAMIBTACH fi*T*,417
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33.|39, www.miomibeochfl.gov
Mayor Philip Levine and Members o!
Jimmy L. Morales, City Manager
October 14,2015
AN ORDINANCE OF THE MA'AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH GITY CODE CHAPTER 82,
ENTTTLED ..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) THEREOF TO ABATE SIDEWALK GAFE FEES
FOR BUSINESSES NORTH OF 63RD STREET, THROUGH AND INCLUDING
SEPTEMEBER 30, 2017; 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
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 Cafe 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
SSION MEMORANDUM
FROM:
DATE:
SUBJECT:
418
Sidewalk Cafd Ordinance Amendment - Memo
October 14, 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.
At its September 10, 2015 meeting, the City Commission read the Ordinance title into the record
and recommended moving fonruard with a Second Reading Public Hearing.
CONCLUS!ON
The Administration recommends approving the Ordinance on Second Reading Public Hearing.
Attachments: City Code Chapter 82 draft Ordinance
MrErt&\
T.\AGIf\i]A\]015\Crtob*r\plJBLtC WORKS'€iduralk cale ordiniance amerrdm*r':l- M*M0.do*x
419
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CIry 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; EXCEPTION," BY AMENDING
SUBSECTTON (a) THEREOF TO ABATE STDEWALK GAFE FEES FOR
BUSINESSES NORTH OF 63RD STREET, THROUGH AND INCLUDING
SEPTEMBER 30, 2017; PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, 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; and
WHEREAS, in 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; and
WHEREAS, 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.
WHEREAS, at its July 19,2013 meeting, the City Commission heard ltem R9P, "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'd Street; and
WHEREAS, at its September 19,2013, the FCWPC Committee recommended that the
sidewalk caf6 fees be waived; and
WHEREAS, 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 through and
including September 30, 2015, and required a budget analysis and review by the City
Administration by September 30, 2015, in order to determine whether the abatement should
sunset on September 30, 2015 or should be extended by Ordinance; and
WHEREAS, the Miami Beach City Commission desires to encourage continued
economic development in the North Beach area by extending the sidewalk caf6 square footage
fee waiver provision for an additionaltwo years through and including September 30, 2017; and
420
WHEREAS, 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.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 82-383, of Chapter 82 of the Miami Beach City Code is hereby
amended as follows:
CHAPTER 82
PUBLIC PROPERTY
***
Article lV. Uses ln Public Rights-Of-Way
Division 5. Sidewalk Cafes
ar*,r,=,on ll. PJrmit
Sec. 82-383. Permit fee; penalties for late payments; review of fee; exception.
(a) The annual permit fee for operation of a sidewalk caf6 shall be as set forth in appendix
A, and shall be based on a per square foot calculation of permitted sidewalk area
(including the area between the tables and chairs). Notwithstanding any other
paragraphs or provisions of this article, no square footage fee as required by this section
shall-be required for the operation of sidewalk cafes north of 63'd Street through and
including September 30, 2045 2017. The abatement of sidewalk caf6 square footage
fees for businesses north of 63'd Street shall be the subject of a budget analysis and
review by the City Administration by September 30, ?€15 2017. However a permit must
be obtained and the annual base application fee required by subsection 82-382(bxg)
shall be paid for the operation of sidewalk cafes north of 63'd Street.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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SECTION 3. SEVERABILITY.
lf any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the day of 2015.
PASSED and ADOPTED this
ATTEST:
Rafael E. Granado
(Sponsored by Vice Mayor Edward Tobin)
Underline denotes additions
S++Xe+nreugh d e notes deletio ns.
2015.
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
day of
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