R5K-Amend Ch 82 Requiring Display Of Prices For Food-Drink Menu etc -Steinberg&
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OF THE CITY ATTORNEY
RAUI AGUILA, CITY ATTORNEY
TO:
COMMISSION MEMORANDUM
FIRST READINGMAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
JIMMY L. MORALES, CITY MANAGER
FROM:
DATE:
SUBJECT:
RAUL J. AGUTLA, CrrY ATTORNEY Dr,e-
ocToBER 14,2015
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING
ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS.OF.WAY," BY
AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFES,'' BY AMENDING
SUBDIVISION II, ENTITLED "PERMIT," BY AMENDING SECTION 82.381
THEREOF, ENTITLED "PERMITTED AREAS; CONDITIONAL PERMIT; CITY
MANAGER'S RIGHT TO REMOVE SIDEWALK GAFES,'' BY REQUIRING
DISPLAY OF PRICES FOR FOOD AND DRINK MENU ITEMS OR ANY FOOD
AND DRINK MENU SPECIALS, AND ESTABLISHING A NOTICE PROVISION
TO CUSTOMERS REGARDING ANY AUTOMATIC GRATUITY OR SERVICE
CHARGE BY THE OPERATOR OF THE SIDEWALK CAFE; BY AMENDING
SECTION 82.382 THEREOF, ENTITLED "APPLICATION,'' MANDATING
THAT A STDEWALK CAFE APPLTCATION BE DENTED FOR FAILURE TO
HAVE FOOD AND DRINK MENUS WHICH INCLUDES PRICES FOR FOOD
AND DRINK MENU ITEMS, FOOD AND DRINK MENU SPECIALS, OR
NOTIFICATION OF ANY AUTOMATIC GRATUITY OR SERVICE CHARGE
TMPOSED BY THE STDEWALK CAFE OPERATOR; BY AMENDTNG SECTION
82.385 THEREOF, ENTITLED "MINIMUM STANDARDS, CRITERIA, AND
CONDITIONS FOR OPERATION OF SIDEWALK CAFES," BY PROHIBITING
A SIDEWALK CAFE TO OPERATE WITHOUT FOOD AND DRINK MENUS
WHICH SHOW THE PRICING FOR ANY FOOD AND DRINK MENU ITEM OR
FOOD AND DRINK MENU SPECIAL, AND FAIL TO NOTIFY CUSTOMERS OF
ANY AUTOMATIC GRATUITY OR SERVICE CHARGE IMPOSED BY THE
SIDEWALK CAFE OPERATOR; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Commissioner Micky Steinberg has proposed an ordinance amendment that will require
operators of sidewalk cafes to display or disclose prices for food and drink menu items or
display or disclose any food and drink menu specials. Further, the ordinance amendment will
mandate that an operator of a sidewalk caf6 provide notice to customers of any automatic
gratuity or service charge that is being imposed by the operator of the sidewalk caf6, which
notification requirement is consistent with, and mandated by, Section 509.214 of the Florida
Statutes.
Agenda ltem RS K
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Commission Memorandum
Sidewalk Cafes Menu Requirements
October 14,2015 Page 2 o'f 2
A business establishment does not have an actual or inherent legal right to conduct a sidewalk
caf6 operation upon the City's property. The City authorizes a business establishment the
ability to utilize its public property for a sidewalk caf6 pursuant to a legally sufficient application
for a sidewalk caf6 permit, which application must be consistent with those requirements set
forth in Sections 82-381 through 82-388 of the Miami Beach Code. A business establishment
seeking to obtain a sidewalk caf6 permit, pursuant to this ordinance amendment, will be legally
required to identify or disclose all menu prices for food and drinks, disclose any menu specials
and must provide sufficient notice of the automatic gratuity or service charge. Any existing
sidewalk caf6 operator that fails to comply with this new ordinance provision(s), will not be
permitted to continue operating the sidewalk caf6, until such time that menu prices are properly
displayed or disclosed for food and drinks, menu specials or the automatic gratuity or service
charge.
This ordinance amendment will be an additional permit and operation condition that will prevent
potential deceptive practices, and further require business establishments operating upon the
City's public property to comply, in their entirety, with Article lV, Division 5 of Chapter 82. The
ordinance will prevent patrons from being over-charged or deceived for those food and
beverage menu items purchased, and will allow a patron to recognize the cost of these items
before making his/her selection.
Commissioner Steinberg has determined that these ordinance provision(s) will protect its
citizens and visitors from undisclosed, exorbitant charges for food and drinks at sidewalk cafes,
and provide notification of the gratuity or service charge imposed by the sidewalk caf6 operator.
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ORDINANCE TO BE SUBMITTED
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