92-2808 Ordinance
ORDINANCE NO.
92-2808
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
MIAMI BEACH CITY CODE CHAPTER 39, ENTITLED "STREETS,
SIDEWALKS AND PUBLIC FACILITIES", BY ADDITION OF ARTICLE VI,
ENTITLED "SIDEWALK CAFES"; REQUIRING PERMITS FOR THE
OPERATION OF SIDEWALK CAFES AND ESTABLISHING PROCEDURES AND
REQUIREMENTS FOR GRANTING SAID PERMITS; PROVIDING FOR
DENIAL, SUSPENSION AND/OR REVOCATION OF PERMITS AND
PROVIDING FOR APPEALS FROM SAID DECISIONS; PROVIDING FOR
ENFORCEMENT BY CODE INSPECTORS, CIVIL FINES FOR VIOLATIONS
OF THIS SECTION AND PROCEDURES FOR APPEALING FINES;
PROVIDING FOR RECOVERY OF UNPAID FINES AND THAT SAID FINES
SHALL CONSTITUTE A LIEN WHICH MAY BE FORECLOSED; PROVIDING
FOR REPEALER, SEVERABILITY AND EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1.
That Chapter 39 of the Miami Beach City Code, entitled
"streets, Sidewalks and Public Facilities" is hereby amended by adding
an Article VI, entitled "Sidewalk Cafes", to read as follows:
ARTICLE VI. SIDEWALK CAFES
Sec. 39-28. Declaration of Necessitv and Intent.
It is hereby found and declared:
ill That there exists the need for outdoor eating
establishments (sidewalk cafes) in certain areas of Miami Beach
to provide a unique environment for relaxation and food
consumption.
l2l That the existence of sidewalk cafes encouraqes
additional pedestrian traffic to these areas.
l.ll That the presence of sidewalk cafes may thus impede the
free and safe flow of pedestrian traffic.
iil That there is a need for requlations and standards for
the existence and operation of sidewalk cafes to facilitate and
ensure a safe environment in these areas.
121 That the establishment of permit conditions and safety
standards for sidewalk cafes is necessary to protect and promote
the qeneral health. safety. and welfare of the residents of the
city of Miami Beach.
1&1 That there is a need to encouraqe the establishment of
sidewalk cafes on Lincoln Road. and therefore the perIni t fee
imposed by the city for such u~es should be waived for a three
year period commencing 9n the effective date of this Ordinance.
However. a permit must still be obtained and the base application
fee paid.
Sec. 39-29
Definitions.
When used in this Article. the following words shallhave the
followinq meanings:
"Director" means the city Manaqer of the city of Miami Beach
or his/her designee.
"Permittee" means the recipient of a Sidewalk Cafe Permit
under the terms and provisions of this Article.
"Riqht-of-way" means land in which the state. the Florida
Department of Transportation. Dade Countv or the City of Miami
Beach owns the fee or has an easement devoted to or required for
use as a transportation facility or street.
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"Sidewalk" means that portion of the Riqht-Of-Way which is
located between the curb line or the lateral line of a Street and
the adiacent property line and which is intended for use by
pedestrians: provided that on Lincoln Road Mall "Sidewalk" shall
mean Right-Of-Wav as defined above but shall onlv refer to that
area between the property line and the center line of the Right-
Of-Way. exclusive of landscaped areas and a ten foot wide
easement for vehicular access.
"Sidewalk Cafe" means a use located on a public Sidewalk
which is associated with a restaurant or food establishment where
food or beveraqes are delivered for consumption on the premises
but not having cookinq or refriqeration equipment.
It is
characterized by tables and chairs and may be shaded by awninqs.
canopies or umbrellas if permits for same have been issued.
"Siqn". or "Siqns" shall have the same meaning as provided
for in section 3-2A of the citv's Zoninq Ordinance No. 89-2665.
"street" means that portion of a Riqht-Of-Way improved.
desiqned or ordinarilY used for vehicular traffic or parkinq.
"Usable Sidewalk Area" means the frontaqe of the property
times the width of the Sidewalk less five (5) feet.
2
Sec. 39-30.
Permit Reauired.
It shall be unlawful for any person to operate a sidewalk
Cafe on any Sidewalk or public Right-Of-Wav within the City
without obtaininq a permit as required by this article. Sidewalk
cafes shall onlY be located where permitted by the citv's Zoning
Ordinance No. 89-2665. and amendments thereto. No person shall
establish a Sidewalk Cafe on any public Roadway or Sidewalk
unless such person has obtained a valid permit to operate that
Sidewalk Cafe pursuant to this Article.
After thirtv (30) days from the effective date of this
ordinance any person or entity operatinq a Sidewalk Cafe without
a permit or any property owner allowing the operation of a
Sidewalk Cafe without a permit upon his/her/its property shall be
subiect to enforcement and penalties as provided in Miami Beach
city Code Chapter 9B.
Sec. 39-31.
Permit Fee.
i1l The annual permit fee for establishinq or maintaininq
a Sidewalk Cafe shall be Ten Dollars ($10.00) per square foot of
Usable Sidewalk Area. includinq the area between the tables and
chairs.as determined bv the Director.
(2) The permit fee shall be paid on or before October 1
and shall cover the time period from October 1 throuqh September
30 of the followinq calendar year. except that where the permit
fee exceeds two thousand dollars ($2.000) the fee may be paid in
two (2) semiannual increments. the first to be due on October 1
and the second to be due on April 1.~~!:~II.~n:::i::::I2.I~Y!:f.S:i:::::::~ll.i:::::::lg~
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No license shall be issued for any fractional portion of the
year; provided, however, that any person or entity operating a
Sidewalk Cafe for a period beginning after May 1, may obtain a
permit for the remaining portion of the fiscal year upon payment
of one-half of the permit fee required by this Article. Except
as provided in Section 39-36 no refund of the fees shall be
granted.
3
ill. The permit fees collected pursuant to this section from
Sidewalk Cafes located on Ocean Drive shall be placed and
maintained in a separate fund and shall be utilized only for
improvements and/or maintenance on Ocean Drive. The permit fees
collected pursuant to this Section from Sidewalk Cafes located on
Lincoln Road Mall shall be placed and maintained in a separate
fund and shall be utilized only for Lincoln Road Mall manaqement
and improvements.
.1...il Notwithstandinq any other paragraph or provision of
this Article. no permit fee as reauired bv this section shall be
required for operation of Sidewalk Cafes on Lincoln Road prior to
three (3) years after the effective date of this Ordinance:
however. a permit must still be obtained and the base application
fee required bv section 39-31 shall be paid.
Sec. 39-32. Permit APDlication.
ill Application for a permit to operate a Sidewalk Cafe
shall be made at the office of the Director. Such application
shall include. but not be limited to. the followinq information:
1& Name. address and telephone number of the
applicant:
Name and address of restaurant:
A COpy of a valid city of Miami Beach
occupational license to operate a restaurant
adiacent to the Sidewalk area which is the
subiect of the apPlication. The number of chairs
to be utilized for the Sidewalk Cafe must be
included in the number of chairs authorized by
the license:
J.gl A COPy of a valid Certificate of Use for the
building frontage adiacent to the Sidewalk area
which is the subiect of the application:
igl A cOPV of current insurance in the amounts and
categories required by Section 39-31 of this
Article:
1Jll
iQl
4
Ltl A drawinq (drawn to scale) showing the layout and
dimensions of the existinq Sidewalk area and
adiacent private property. proposed location.
size and number of tables. chairs. steps.
umbrellas. location of doorways. location of
trees. Darkinq meters. bus shelters. Sidewalk
benches. trash receptacles. and any other
Sidewalk obstruction either existinq or proDosed
within the pedestrian area: and
191 Photoqraphs. drawings or manufacturers'brochures
fully describinq the appearance of all proposed
tables. chairs. umbrellas or other obiects
related to the Sidewalk Cafe.
lhl An affidavit from the owner(s) of the
property (ies) immediatelY adjacent to the
Sidewalk where the proposed Sidewalk Cafe will be
located consentinq to the operation of the
Sidewalk Cafe at that location.
ill Annual application shall be accompanied by a non-
refundable base application fee of $150.00.
l..ll. Applications shall be reviewed for compliance with city
ordinances and must be approved by the followinq departments or
divisions: Public Works. Planninq & zoning. Historic
Preservation and Urban Desiqn. Fire. Risk Manaqement.
Sec. 39-34. Standards and criteria for ADDlication Review.
The followinq standards and criteria shall be used in
reviewing the drawinq required in section 39-28(1) (f) (q):
111 Sidewalk Cafes are restricted to the Sidewalk frontaqe
of the 1 icensed restaurant to which the permit is issued or
within the Sidewalk frontaqe of the buildinq where the validlY
licensed restaurant is located. provided that written approval is
supplied by the buildinq owner.
ill In the event the subject area of the permit extends to
a public Riqht-Of-Way in front of an adiacent owner's property.
the permittee must obtain written permission from the adiacent
property owner for use of this area. The revocation or
5
suspension of this permission shall not operate to qrant the
permittee a refund of the annual permit fee or any other fees
paid to the city of Miami Beach for operation of a Sidewalk Cafe.
ldl Permits will not be issued where the tables and chairs
would be placed within five (5) feet of bus stops. taxi stands.
fire hydrants. or allevs.
i!l No tables or chairs will be permitted within five (5)
feet of a pedestrian crosswalk or handicap ramp.
121 Sidewalk Cafes shall be located in such a manner that
50% of the Sidewalk width. with a minimum width of five (5) feet.
is maintained at all times as an unobstructed pedestrian path:
provided that the Director mav permit Sidewalk Cafes to occuPY
additional space where established pedestrian and tram paths
shall not be obstructed and where public safety shall not be
adversely affected. In areas of conqested pedestrian activity.
the Director is authorized to require a wider pedestrian path. as
circumstances dictate.
l..Q..l No object shall be permitted around the perimeter of an
area occupied by tables and chairs which would have the effect of
forminq a phvsical or visual barrier discouraqinq the free use of
the tables and chairs bv the qeneral public or which would have
the effect of obstructinq the pedestrian path.
ill Tables. chairs. umbrellas. canopies. awninqs and any
other obi ects provided with the sidewalk cafe shall be of
quality. design. materials. size. elevation and workmanship both
to ensure the safety and convenience of users. and to enhance the
visual quality of the urban environment. Desiqn. materials. and
colors shall be approved by the Historic Preservation and Urban
Desiqn Director prior to the issuance of the Sidewalk Cafe
Permit.
~ Awninqs. umbrellas and other decorative material shall
be fire-retardant. pressure-treated or manufactured of fire
resistive material. Siqns. with the exception of the
establishment name. are prohibited on awninqs. umbrellas. chairs.
tables and any other fixture which is located on the public
Riqht-Of-Wav. Letterinq mav not exceed 6 inches in heiqht.
6
Sec. 39-35. Liabilitv and Insurance.
ill The permittee aqrees to indemnifY. defend. save and
hold harmless the city. its officers and employees from any and
all claims. liabilitv. lawsuits. damaqes and causes of action
which mav arise out of this permit. or the permittee's activity
on the demised premises.
ill The -permittee aqrees to meet and maintain for the
entire permit period. at its own expense. the followinq
requirements:
ill Commercial qeneral liability insurance in the
amount of $500.000 per occurrence for bodily
iniurv and property damaqe. The city must be
named as an additional insured on this policy and
an endorsement must be issued as part of the
policy reflectinq this reauirement.
iQl Workers' compensation and employersliability as
required by the state of Florida.
itl All policies must be issued by companies
authorized to do business in the state of Florida
and rated B+:VI or better per Best's Key Ratinq
Guide. latest edition.
7
i9.l The city must receive thirty (30) days written
notice prior to any cancellation. non-renewal or
material chanqe in the coveraqe provided.
Lgl The permittee must provide and have approved by
the city's Risk Manager an original certificate
of insurance as evidence that the above
requirements have been met prior to commencin..g
operations. Failure to comply with these
requirements shall cause a suspension or
revocation of this permit.
ill The permit period shall run and insurance requirements
as described in subsection 2 above shall be effective from
October 1 until September 30 of the followinq calendar year.
Sec. 39-36. Conditions of Permit.
In addition to the information required in Section 39-25 and
the standards and criteria described in Section 39-30. the permit
shall contain the following conditions:
ill Each permit shall be effective for one (ll year from
October 1 until September 30. subiect to annual renewal with the
approval of the Director.
ill The permit issued shall be personal to the permittee
only and shall be transferable only with the approval of the
Director. Such approval shall not be unreasonably withheld.
ill The permit may be temporarilY suspended by the Director
when necessary to clear Sidewalk areas for a "community or
special event" authorized by a permit issued by the Police
Department.
..L4.l The Director may require the temporary removal of
Sidewalk Cafes when Street. Sidewalk. or utility repairs
necessitate such action. If such temporary removal exceeds
fifteen(15) days. the Director shall prorate the remaining permit
fee for each additional day the Sidewalk Cafe is removed and
appl y a credit toward the followinq year's permit fee or if
reauested to do so by the permittee. refund the remaininq fee to
the permittee.
8
i2l The city Manaqer or his desiqnee. the Director or the
Police Department may cause the immediate removal or relocation
of all or parts of the Sidewalk Cafe in emerqency situations.
1Ql The city and its officers and employees shall not be
responsible for Sidewalk Cafe components relocated durinq
emerqencies.
ill The permit shall be specificallY limited to the area
shown on the "exhibit" attached to and made a part of the permit.
The Director shall have the riqht to remove without notice. any
tables. chairs or other objects not in the permit area.
~ The permittee shall use positive action to assure that
its use of the Sidewalk in no way interferes with Sidewalk users
or limits their free unobstructed passaqe. The Director may
require relocation of tables. chairs and other obiects at any
time for safety or pedestrian flow considerations.
1..2.l The Sidewalk Cafe shall be opened for use by the
qeneral public and such use shall not be restricted to patrons of
the permittee.
J...!.Q.l Permittees holdinq an occupational license or
Certificate of Use limited to take-out food shall not be
permitted to provide table service on the Sidewalk.
Llll Tables. chairs. umbrellas. and any other obiects
provided with a Sidewalk Cafe shall be maintained with a clean
and attractive appearance and shall be in good repair at all
times.
i1ll The Sidewalk area covered bY the permit and Sidewalk
and Roadway immediatelY adiacent to it shall be maintained in a
neat and orderly appearance at all times and the area shall be
cleared of all debris as needed durinq the day. and aqain at the
close of each business day and as determined bY the Director.
il2l No advertisinq siqns or business identification siqns
shall be permitted in the public Riqht-Of-Way.
Ll!l No tables. chairs or any other parts of Sidewalk cafes
shall be attached. chained. or in any manner affixed to any tree.
post. siqn. or other fixtures. curb or Sidewalk within or near
the permitted area. No additional outdoor seatinq authorized
herein shall be used for calculatinq seatinq requirements
9
pertaininq to location of. applications for. or issuance of a
liquor license for any establishment: nor shall it be used as the
basis for computinq required seating for restaurants and dininq
rooms.
or as qrounds for claiming exemption from such
requirements under the provisions of any city ordinance or state
law.
1..l.2l The permit covers only the public Sidewalk. Tables and
chairs on private property will be qoverned bY other applicable
requlations.
i1Ql The permittee shall notifY the Director. in writing.
when operation of the sidewalk cafe beqins. Said notice shall be
delivered to the Director within twenty-four (24l hours of such
commencement.
111l No food preparation fire. or fire apparatus shall be
allowed on the public Sidewalk. whether or not such area is
covered bY this permit.
l..JJU. Upon the issuance of a "Hurricane Warning" or
"Hurricane Watch" by the Dade County Office of EmergencY
Management the permittee shall forthwith remove and place indoors
all tables. chairs, awninqs and other equipment located on the
sidewalk.
Sec. 39-37.
Denial. Revocation or SusDension of Permit;
Removal and Storaqe Fees; Emerqencies.
ill The approval of a Sidewalk Cafe permit is conditional
at all times.
A Sidewalk Cafe permit be denied. revoked or
suspended if it is found that:
19l Any necessary business or health permit
has been suspended. revoked. or canceled.
Dll. The permittee does not have insurancewhich is
correct and effective in the minimum amount
described in section 39-31.
lQl The permittee exceeds the approved square footaqe
by placing any additional tables. chairs. etc..
beyond the approved area.
i9.l Chanqinq conditions of pedestrian orvehicular
traffic cause congestion necessitating removal of
the Sidewalk Cafe. Such decision shall be based
10
upon findings of the Director that the minimum
five (5 l foot pedestrian path is insufficient
under existinq circumstances and represents a
danger to the health, safety, or qeneral welfare
of pedestrians or vehicular traffic.
Lgl The permittee has failed to correct violations of
this article or conditions of this permit within
twenty-four
(24l
hours of receipt of the
Director's notice of same delivered in writing to
the permittee.
ill In the event the permittee fails to remove any
tables, chairs, and other obiects related to the
Sidewalk Cafe within twenty four (24l hours of
receipt of the Director's final notice of denial.
revocation or suspension, the Director may remove
said obiects. The permittee shall be respons~ble
for the expenses incurred by the city for the
removal and storaqe of said objects.
ill Upon denial of the permit, the Director shall qive
written notice of such action to the permittee.
ill If the Director believes that a permittee has enqaged
or is enqaqed in conduct warranting the suspension or revocation
of the permit. he shall serve the licensee by certified mail or
hand delivery. at his business address as disclosed in his
application for the permit, a written administrative complaint
which affords reasonable notice of facts or conduct which warrant
the intended action. The complaint shall state what is required
to be done to eliminate the violation, if any.
The permittee
shall be qiven adequate o?portunity to request a prior
administrative hearing before a Special Master appointed by the
City commission, unless the Director finds that an emerqency
condition exists involvinq serious danqer to public health.
safety or welfare, in which case advance notice and hearinq shall
not be required.
In the case of an emergency suspension or
revocation, the licensee shall immediatelY be advised of the
Director's action and afforded a prompt post-suspension or
revocation hearing in accordance with the procedures set forth in
11
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Section 20 29 20-44 of the Miami Beach city Code.
Sec. 39-38.
Appeals from the Decision of the Director of
Special Master.
Appeals from decisions of the Director made pursuant to this
Article shall be to the Property Maintenance Standards Appeals
Board in accordance with the procedures set forth in section l7B-
17 of the Miami Beach City Code.
Appeals from the decisions of the Special Master or Property
Maintenance Standards Appeals Board shall be to a court of
competent iurisdiction by petition for writ of certiorari.
Enforcement of Article by Code Inspectors; Notice
of violation
Sec. 39-39.
If a code inspector as defined in chapter 9B of the Miami
Beach City Code finds a violation of this Article. said inspector
shall issue a notice of violation to the violator as provided in
chapter 9B. The notice shall inform the violator of the nature
of the violation, amount of fine for which the violator may be
liable. instructions and due date for paying the fine. notice
that the violation may be appealed by requesting an
administrative hearing within twenty (20) days after service of
the notice of violation, and that failure to do so shall
constitute an admission of the violation and waiver of the right
to a hearinq.
Sec. 39-40
civil Fine for Violators.
The following civil fines shall be imposed for violators of
this Article:
First citation
$100 fine
Second citation
(within a 1 year
periodl
$250 fine
Third citation
(within a 1 year
periodl
=
$500 fine
Sec. 39-41.
Rights of violators; payment of fine; right to
appeal; failure to pay civil fine or to appeal.
ill A violator who has been served with a notice of
violation shall elect either to:
12
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tlQ( ~.'..' I ~ r
1\ , ;'III)
I ()I,t/-'
19l Pay the civil fine in the manner indicated on the
notice: or
Dll. Request an administrative hearinq before a
Special Master appointed by the city commission
to appeal the decision of the code ins~ector
which resulted in the issuance of the notice of
violation.
ill The procedures for appeal shall be as set forth
in Section 20-44 of the Miami Beach City Code.
ill If the named violator after notice fails to pay the
civil fine or fails to timely request an administrative hearing
before a Special Master, the Special Master shall be informed of
such failure by report from the code inspector. Failure of the
named violator to appeal the decision of the code inspector
within the prescribed time period shall constitute a waiver of
the violator's riqht to administrative hearing. A waiver of the
riqht to administrative hearinq shall be treated as an admission
of the violation, and penalties may be assessed accordinqly.
ill Any party agqrieved by the decision of a Special Master
may appeal that decision to a court of competent iurisdiction as
provided in Section 162.11, Florida Statutes.
Sec. 39-42.
Recovery of unpaid fines: unpaid fines to
constitute a lien: foreclosure
ill The city of Miami Beach may institute proceedinqs in a
court of competent jurisdiction to compel payment of civil fines.
ill A certified copy of an order imposinq a civil fine may
be recorded in the public records and thereafter shall constitute
a lien upon any other real or personal property owned by the
violator and it may be enforced in the same manner as a court
iudgment by the sheriffs of this state, includinq levy against
the personal property. but shall not be deemed to be a court
judqment except for enforcement purposes. After two (2l months
from the filing of any such lien which remains unpaid, the city
of Miami Beach may foreclose or otherwise execute on the lien.
SECTION 2. SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held to be invalid, the remainder shall not be
13
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P),'": 0Jifi/
,vly
SECTION 3.
REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be and
are hereby repealed.
SECTION 4.
EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days after its
adoption on 8th day of
October
ATTEST:
~~.!. ~k
CITY CLERK \0 'V1~
1st reading 9/16/92
2nd reading 10/8/92
SWS:\Disk3\sidewalk.ord
9/30/92
FORM APPROVED
~EPT~
BYt _f' ' ~
Date ":';J';J. ti - .~, -<'/2.
, 1992.
14
CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TEL.EPHONE: (305) 673.7010
FA,: (305) 673.7782
COMMISSION MEMORANDUM NO..5:]O - q2 ~~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: Sept. 16, 1992
FROM:
Roger M, Carlt
City Manager
SUBJECT:
ADOPTION OF AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF KIAMI BEACH, FLORIDA, AMENDING KIAMI BEACH CITY
CODE CHAPTER 39, ENTITLED "STREETS, SIDEWALKS AND PUBLIC
FACILITIES", BY ADDITION OF ARTICLE VI, ENTITLED
"SIDEWALK CAFES"; DEFINING TERMS USED THEREIN; REQUIRING
PERMITS FOR THE OPERATION OF SZDEWALK CAFES AND
ESTABLISHING PROCEDURES AND REQUIREMENTS FOR GRANTING
SAID PERMITS; PROVIDZNG FOR DENIAL, SUSPENSION AND/OR
REVOCATION OF PERMITS; PROVIDING FOR APPEALS FROK THE
DECISIONS OF THE PUBLIC WORKS DIRECTOR; PROVIDING FOR
REPEALER, SEVERABILITY AND EFFECTIVE DATE.
Admipistrative Recommendation
The Administration recommends aooption of the attached ordinance
amending the Miami Beach city Code, Chapter 39, entitled "streets
and sidewalks", requiring permits for the operation of sidewalk
cafes and establishing procedures and requirements for granting
said permits; providing for denial, suspension and/or revocation of
permits; and providing for appeals from the decisions of the Public
Works Director.
BACKGROUND
Under current regulation, the use of public property for sidewalk
cafes has been accommodated through the issuance of revocable
permits. This process is cumbersome and does not provide adequate
regulation or a fee structure to recover City costs. The proposed
ordinance provides for the combined presence of sidewalk cafes and
the free and safe flow of pedestrians, creating standards for the
restaurant operation, and ensuring a safer environment in these
public right-of-way areas.
The ordinance calls for an application fee and an annual permit
fee, as well as for an annual permit renewal. The ordinance
provides denial or revocation procedures, whereby violations are
cited by the City and offending sidewalk cafes not brought into
compliance may be removed by the city. Appeals for the denials or
revocations are to the city of Miami Beach Property Maintenance
Standard Appeals Board.
~
40
AGENDA
ITEM
R-3-F
I 0 ' ~ -g 2-
;)A TE
ANALYSIS
The city Administration has patterned this proposed ordinance on
the City of Miami's ordinance for sidewalk cafes located on public
rights-of-way in Coconut Grove. Based upon existing sidewalk cafe
operations on City rights-of-way, this ordinance will generate
approximately $140,100 of revenue (see attached listing).
Additions and clarifications have been inserted to further improve
this ordinance.
eSect. 39-6
This section waives sidewalk cafe permit fees
for three years on Lincoln Road Mall.
The sidewalk definition has been expanded to
provide for the Lincoln Road Mall.
Permit fee semi-annual payments when fee
exceeds $2,000.00.
eSect. 39-29
eSect. 39-31(2) -
eSect. 39-31(3) -
Permit fees collected on Ocean Drive shall be
utilized for improvements and maintenance of
Ocean Drive. Permit fees collected on Lincoln
Road Mall shall be used for management and
improvements on Lincoln Road Mall.
eSect. 39-31(4) -
Requires payment of the base application fee
for a sidewalk cafe on Lincoln Road Mall but
does not require the payment of permit fees.
eSect. 39-34(5) -
Provides that the Director may allow ~idewalk
cafes to occupy additional space where there is
no adverse effect.
eSect. 39-41(2) -
The appeal procedures are set forth in section
20-44 of the City Code.
CONCLUSION
The City Administration feels this ordinance is necessary to
control the use of public property for private business and that
the fee'structure is justified in that private enterprises are
potentially increasing their profits by using public City rights-
of-way and the fees collected will offset the costs of implementing
the proposed ordinance regulations.
41
CURRENT OUTDOOR CAFES
ON
CITY OF MIAMI BEACH PUBLIC RIGHT-OF-WAY
ADDRESS AREA BEING USED SQUARE FOOTAGE
600 Ocean Drive 100' x 10' 1000
640 Ocean Drive 75' x 5' 375
720 Ocean Drive 75' x 10' 750
728 Ocean Drive 50' x 10' 500
736 Ocean Drive 50' x 10' 500
740 Ocean Drive 50' x 10' 500
800 Ocean Drive 50' x 10' 500
804 Ocean Drive 25' x 10' 250
850 Ocean Drive 50' x 10' 500
900 Ocean Drive 50' x 10' 500
962 Ocean Drive 100' x 10' 1000
1020 Ocean Drive 100' x 10' 1000
1036-52 Ocean Drive 100' x 10' 1000
1200 Ocean Drive 78' x 10' 780
1300 Ocean Drive 100' x 5' 500
1400 Ocean Drive 50' x 5' 250
1420-24 Ocean Drive 50' x 5' 250
1440 Ocean Drive 50' x 5' 250
129 - 5th Street 15' x 5' 75
1629 Michigan Avenue 15' x 5' 75
*915 Lincoln Road 25' x 15' 375
*821 Lincoln Road 25' x 15' 315
*618 Lincoln Road 12' x 10' 120
*646 Lincoln Road 20' x 15' 300
*647 Lincoln Road 40' x 15'+ 25' x 25" 1225
1626 Pennsylvania Avenue 20' x 5' 100
4017 prairie Avenue 25' x 5' 125
917 - 39th Street 20' x 5' 100
429 Espanola Way 30' x 10' 300
Proposed fee:
13,575 Sq. ft.
x $10jSq.ft.
Total Cafes:
29
Sub total
$135,750
29 Cafe Annual Applications @ $150 each:
Total
4,350
$140,100
*These permit fees will not be collected for three years.
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