2008-3601 OrdinanceORDINANCE NO. 2008-3601
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE
CITY'S SIDEWALK CAFE ORDINANCE, AS CODIFIED IN
SECTIONS 82-366 THROUGH 82-385 OF THE CITY CODE;
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY,
AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
That Chapter 82, Article IV, Division 5, Sections 82-366 through 82-385, of
the Code of the City of Miami Beach, Florida, is hereby amended as follows:
Sec. 82-366. Definitions.
The following words, terms and phrases, when used in this division, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
City Manager - means the city manager or the city manager's designee.
Code Compliance Officer - means the code compliance officers, fire
inspectors, or any other authorized agent or employee of the city whose duty
it is to assure code compliance.
Menu board - means a board allowing for the posting of a restaurant's
complete menu and fabricated in such a manner so as not to constitute a
form of general advertising or establishment identification. The locations size,
design, materials and color of the menu board shall be approved by the City
Manager and shown on the sidewalk cafe site plan (as hereinafter defined
Menu boards a~ ~Ishall be no larger than six (6) square feet; may not be
internally illuminated; and the top of the ~~ board shall not exceed five
feet, six inches (5'6") from grade. The menu board shall not be a sandwich
board sign (as defined hereinZ
Permittee -means the recipient of a sidewalk cafe permit under the terms
and provisions of this division.
Restaurant -for purposes of this division only, means a food service
establishment that is maintained and operated as a place where food and/or
beverages are prepared and/or served and sold for consumption within the
premises, or a business establishment which has, as an ancillary or
secondary use, a part thereof where food and/or beverages are prepared
and/or served and sold for consumption within the premises. No sidewalk
cafe permit shall be issued to a restaurant whose occupational license or
certificate of use is limited to take-out service and does not have inside
seating.
Right-of--way -means land in which the state, the state department of
transportation, the county or the city owns the fee or has an easement
devoted to or required for use as a transportation facility or street.
Sandwich board sign - means a freestanding, A-frame structure located on a
sidewalk or street which may be affixed in position or is collapsible and which
contains a sign (as defined in Ssection 114-1 ).
Sidewalk - means that portion of the right-of-way which is located between
the curb line or the lateral line of a street and the adjacent property line and
which is intended for use by pedestrians; provided that on Lincoln Road Mall,
a sidewalk shall mean aright-of-way as defined in this section, but shall only
refer to that area between the property line and the centerline of the right-of-
way, exclusive of landscaped areas and a twelve (12) foot-wide clear path for
emergency and maintenance vehicular access.
Sidewalk cafe - means a use located on a right of way which is associated
with a restaurant; and is primarily characterized by tables and chairs;i may
be shaded by awnings, canopies or umbrellas;i and may include such other
sidewalk cafe furniture (as hereinafter defined) as permitted and/or approved
pursuant to this division.
Sidewalk Cafe Furniture -means those non-permanent fixtures, furnishings
and equipment associated with the operation of a sidewalk cafe and approved
pursuant to this division including, without limitation, tables, chairs, umbrellas,
planters, heaters, fans, rolling service stations, service carts, bussing stations,
and menus and/or specials boards.
Sidewalk cafe site map -means acity-approved map detailing the location of
the pedestrian pathway as it relates to a sidewalk cafe.
Sign -shall have the same meaning as provided for in section 114-1.
Specials board - means a board allowing for the posting of a restaurant's daily
specials and fabricated in such a manner so as to not constitute a form of
advertising or establishment identification. The location, size, design,
materials and color of the specials board shall be approved by the City
Manager and shall be shown on the sidewalk cafe site plan. Specials boards
epesiale-beafd shall be no larger than six#eu~ (46) square feet; may not be
internally illuminated; and the top of the sboard shall not exceed five feet
six inches (5'6") from grade. The specials board shall not be a sandwich
board sign (as defined herein). ,
Street -means that portion of a right-of-way improved, designed or ordinarily
used for vehicular traffic and/or parking.
Sec. 82-367. Declaration of necessity and intent.
It is hereby found and declared that:
(a) There exists the need for outdoor eating establishments (sidewalk cafes)
in certain areas of the city to provide a unique environment for relaxation
and food and/or beverage consumption.
(b) The existence of sidewalk cafes encourages additional pedestrian traffic
to these areas.
(c) The presence of sidewalk cafes may thus impede the free and safe flow
of pedestrian traffic.
(d) There is a need for regulations and standards for the existence and
operation of sidewalk cafes to facilitate and ensure a safe environment in
these areas.
(e) The establishment of permit conditions and safety standards for sidewalk
cafes is necessary to protect and promote the general health, safety and
welfare of the residents of the city.
(Ord. No. 92-2808, § 1(39-28), 10-8-92; Ord.. No. 97-3092, § 1(39-28), 9-10-
97)
Sec. 82-368. Removal and storage fees; disposition of property.
Ifs pursuant to this division, the city removes, relocates, and/or stores any
sidewalk cafe furniture, the permittee shall be responsible for the reasonable
expenses incurred by the city for the removals relocation, and/or storage of all
such sidewalk cafe furniture. The City Manager shall promulgate and review,
as needed, regulations regarding the storage and disposition of sidewalk cafe
furniture under this division. The city and its officers and employees shall not
be responsible for any damage to or loss of any sidewalk cafe furniture;
removed1 aver relocated and/or stored pursuant to this division.
(Ord. No. 97-3092, § 1(39-36), 9-10-97)
Sec. 82-369. Appeals from the decision of the City Manager.
Appeals from decisions of the City Manager made pursuant to this division
shall be to the special master in accordance with the procedures set. forth in
sections 30-72 and 30-73 hereof. Appeals from the
decisions of the special master shall be to a court of competent jurisdiction by
petition for writ of certiorari.
(Ord. No. 92-2808, § 1(39-38), 10-8-92; Ord. No. 97-3092, § 1(39-37), 9-10-
97)
Sec. 82-370. Notice of violation.
(a) Code compliance officers shall issue twenty four (24) hour warning
notices for all non-life safety violations of this division.
(b) No warning notices shall be required prior to the issuance of life safety
violations and/or sidewalk cafe site plan violations, and such violations
shall be corrected immediately. Life safety violations are defined as
those conditions which, in the reasonable determination and judgment
of the City Manager, involve serious danger and/or risk to the public
health, safety or welfare (including, without limitation, blocking er
pedestrian pathways and violations of the state
accessibility code for building construction). Site plan violations are
defined to include those instances where the permittee
sa#e-epe~atef is operating outside of the permitted sidewalk cafe area
(as approved pursuant to Section 82-382(ab
)(6)) and shall include: a table or tables set up outside the approved
boundaries of the sidewalk cafe site plan;i and/or umbrellas, heaters,
fans, bussing stations and other sidewalk cafe furniture found to be
outside the approved site plan; but shall not be deemed to include
instances where a chair or chairs are moved outside the approved
boundaries of a~ ~p~eved site plan by a sidewalk cafe patron(s).
(c) If a code compliance officer finds a violation of this division, such code
compliance officer shall issue a notice of violation to the violators
as follows:
1. For non-life safety violations of this division (where a 24-hour
notice has been previously issued within the preceding sixty (60)
days for the same violation) - a violation will be issued.
2. For life safety violations of this division and for site plan violations
- no 24-hour warning notice is required, and a violation may be
issued at any time.
Sec. 82-371. Civil fines and penalties=~_~denial of 1=future Rpermits to
repeat ~Fviolators.
(a) The following civil fines and penalties shall be imposed for violations of
this division:
(1) First Violation .................................................. $100.00
(2) Second violation within the preceding twelve (12)
months ....................................................... ...... $250.00
(3) Third violation within the preceding twelve (12) months
................................................................. .......$500.00
(4) Fourth within the preceding twelve (12) months .. ...... $750.00
(5) Fifth violation within the preceding twelve (12) months - a fine of
$1,000 and suspension of the sidewalk cafe permit for one
weekend (Saturday and Sunday)
(6) Sixth violation within the preceding twelve (12) months - a fine
of $1,000 and revocation of the sidewalk cafe permit for the
remaining portion of the permit year
(7) Failure to apply for permit -termination of sidewalk cafe
operations
(8) Failure to renew permit - suspension of sidewalk cafe
operations
(b) A permittee who has been issued more than six (6) violations pursuant
to this division within a permit year shall be prohibited from applying for
and obtaining a sidewalk cafe permit for a period of two (2)
consecutive permit years, following the permit year in which the
applicant/permittee incurred the aforestated violations.
Sec. 82-372. Rights; payment of fine; right to appeal; failure to pay civil
fine or to appeal.
(a) A violator who has been served with a notice of violation shall elect
either to:
(1) Pay the civil fine in the manner indicated on the notice; or
(2) Request an administrative hearing before a special master, to
appeal the decision of the code compliance officer which
resulted in the .issuance of the notice of violation. Warnings
may not be appealed.
(b) The procedures for appeal shall be as set forth in ,sections
30-72 and 30-73 hereofae`isle-tl~.
(c)
. Failure of the named violator to appeal the decision
of the code compliance officer within ten (10) days after the date
printed on the notice of violation shall
constitute a waiver of the violator's right to administrative hearing. A
waiver of the right to administrative hearing shall be treated as an
admission of the violation, and penalties ~yshall be assessed
accordingly.
(d) Any party aggrieved by the decision of a special master may appeal
that decision to a court of competent jurisdiction by petition for writ of
certiorari ,
(Ord. No. 92-2808, § 1(39-41), 10-8-92; Ord. No. 93-2897, § 2, 12-15-93;
Ord. No. 97-3092, § 1(39-40), 9-10-97)
Sec. 82-373. Recovery of unpaid fines; unpaid fines to constitute a lien;
foreclosure.
(a) The city may institute proceedings in a court of competent jurisdiction
to compel payment of civil fines.
(b) A certified copy of an order imposing 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 judgment by the sheriffs of this state,
including levy against the personal property, but shall not be deemed
to be a court judgment except for enforcement purposes. After two (2)
months from the filing of any such lien which remains unpaid, the city
may foreclose or otherwise execute on the lien.
(Ord. No. 92-2808, § 1(39-42), 10-8-92; Ord. No. 97-3092, § 1(39-41), 9-10-
97)
Secs. 82-374--82-380. Reserved.
Sec. 82-381.
ebta+r~Permitted areas; conditional permit; City Manager's right to
remove sidewalk cafes.
(a) Sidewalk cafes shall only be located where permitted by the city's
zoning ordinance and land development regulations, as same may be
amended from time to time.
(ab) The approval and issuance of a sidewalk cafe ep rmit is conditional at
all times.
(~c) It shall be unlawful for any person to operate a sidewalk cafe without
a valid permit as required by this division. ~ew~N,
+~„,,o +~ +~„.,e
(sd) The City Manager shall have the right to immediately remove, after 24-
hours' written and/or verbal notice to the permittee, any sidewalk cafe
furniture used in connection with a sidewalk cafe which is operating
without a valid permit.
(e) The City Manager may cause the immediate removal, relocation
and/or storage of all or part of a sidewalk cafe in emergency situations
or for public safety considerations.
(f) The City Manager may require the temporary removal and/or
relocation of all or part of a sidewalk cafe when street, sidewalk, or
utility repairs, or other public construction, necessitates such action. If
such temporary removal exceeds fifteen (15) days, the City Manager
shall pro-rate the remaining permit fee for each additional daY the
sidewalk cafe (or portion thereof) is removed and apply a credit toward
the following year's permit fee or, upon written request by the
permittee, refund the remaining fee to the permittee.
,(g) Upon written and/or verbal notification by the City Manager of a
hurricane or other maior weather event, or the issuance of a hurricane
warning by Miami-Dade County, whichever occurs first, the permittee
shall, within no more than four (4) hours of same, remove and place
indoors all tables, chairs and any other sidewalk cafe furniture located
on the right of way. The notification by the City Manager of a hurricane
or other major weather event, or the issuance of a hurricane warning,
shall constitute a public emergency situation as referenced in this
division. The City Manager may remove, relocate, and/or store any
sidewalk cafe furniture found on the right of way that has otherwise not
been removed by the permittee pursuant to this subsection. Any and
all costs incurred by the city for removal, relocation and/or storage of
sidewalk cafe furniture shall be the responsibility of the permittee.
Sidewalk cafes will not re-open for business following a hurricane or
other maior weather event until notified by the City Manager. Violation
of this subsection (g) shall result in the issuance of an immediate
$1000.00 fine, and/or suspension, for up to thirty (30 days, of the
sidewalk cafe permit.
Sec. 82-382. Application.
(a) €asl}A sidewalk cafe permit shall be effective for one year, from
October 1 until September 30 of the following year.
(b) Application for a permit to operate a sidewalk cafe shall include, but
not be limited to, the following information:
(1) The name, address and telephone number of the
applicant/permittee.
(2) The name and address of the business establishment seeking a
permit to operate the sidewalk cafe; ~a~d including the name
and address of the restaurant.
(3) A copy of a valid city occupational license to operate the
restaurant in front of which the proposed sidewalk cafe will be
operating. The total count of chairs to be utilized for the
restaurant must include the number of chairs used in
conjunction with the sidewalk cafe and the number of chairs
inside the ~aerestaurant, as authorized by the license.
(4) A copy of a valid certificate of use for the restaurant in front of
which the proposed sidewalk cafe will be operating.
(5) A -se~yCo ies of a current certificates of insurances in the
amounts and categories required by Section 82-38x6.
(6) A site plan signed and sealed by a duly licensed architect or
engineer which accurately depicts the layout and dimensions of
the existing sidewalk area and adjacent private property;
proposed location, size and number of tables, chairs,
umbrellas, and any other sidewalk cafe furniture; and location{}
of doorways, steps, trees; and/or landscaped areas, fountains,
parking meters, fire hydrants, bus shelters, directory/kiosks,
e~ewatlE up blic benches; trash receptacles and any other
sidewatkE existing public fixtures, furnishings and/or other
obstruction(s), e~t~er-~c+st+ag ^o; -~epe~s~e~-within the
proposed sidewalk cafe area. The sidewalk cafe site plan shall
be approved by the City Manager prior to the issuance of a
sidewalk cafe permit and the permit shall be
specifically limited to the subject area shown on the approved
site plan.
7) Photographs, drawings or manufacturers' brochures full
describing the appearance and dimensions of all proposed
tables, chairs, umbrellas, and anv other sidewalk cafe furniture
related to the operation of the sidewalk cafe. Tables chairs
umbrellas, and anv and all other sidewalk cafe furniture shall
be approved by the City Manager prior to the issuance of a
sidewalk cafe permit.
(~8) A copy of the approved sidewalk cafe site plan,
shall be maintained on the
permittee's premises and shall be available for inspection by city
personnel at all times.
(~ ,
(a-99) The annual application shall be accompanied by a non-
refundable base application fee as set forth in appendix A.
(~10)Applications shall be reviewed for compliance with applicable
city, state and federal laws, and must be reviewed and
approved by the city's public works department; fire department;
office of risk management; finance department; planning and
zoning department; and building eew~ises department.
(~11) Prior to issuance of a sidewalk cafe permit, the city's chief
financial officer shall certify that there are no outstanding fines,
monies, fees, taxes or other charges owed to the city by the
applicanUpermittee and/or the business
establishment/restaurant. Asidewalk cafe permit will not be
issued until all outstanding debts to the city are paid in full.
(~312)No sidewalk cafe permit shall be issued to a restaurant whose
occupational license or certificate of use is limited to take-out
service and does not have inside seating.
(a-413)A sidewalk cafe permit may not be transferred and/or otherwise
assigned. A new owner and/or operator of a restaurant and/or
business establishment with a sidewalk cafe permit will be
required to apply for and obtain a new permit.
(~514)The permit covers only the public right of way. Tables and
chairs on private property will be governed by other applicable
regulations. No outdoor seating authorized pursuant to this
division shall be used for calculating seating requirements
pertaining to location of, applications for, or issuance of, a liquor
license; nor shall the outdoor seating be used as the basis for
computing required seating for restaurants, or as grounds for
claiming exemption from such requirements under the
provisions of any applicable city, county, and/or
state law.
(15) Sidewalk cafes shall comply with all applicable accessibility
codes including, without limitation, the Americans with
Disabilities Act (ADA), and state code provisions addressing
accessibility for building construction, as same may be
amended from time to time.
(c) Renewals. As provided in Section 82-371(b) a permittee who has
been issued more than six (6) violations pursuant to this division within
a permit near, shall be prohibited from applying for and obtaining a
sidewalk cafe permit for the following two (2) consecutive permit years
Sec. 82-383. Permit fee; r°^°~••°~ ~°°; penalties for late paymentsi
review of fee. #eewat--fee~ESe~ie~
(a) The annual permit fee for operation of a sidewalk cafe 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).
(b) The sCty e~Manager, in his reasonable discretion and judgments may
suspend or prorate the annual permit fee in cases of public
construction or public emergency situations.
(c) The permit fee shall be paid on or before October 1, and shall cover
the time period from October 1 through September 30 of the following
calendar year (permit year).If the permit fee exceeds $2,000.00, the
fee may be paid in two semi-annual installments, with the first
installment due on October 1, and the second due on April 1. No
permit shall be issued for any portion of a year, but any person/entity
operating a sidewalk cafe for a period beginning after the
commencement date of the full permit year (October 1) may obtain a
permit for the remaining portion of that permit year upon payment of a
pro-rated portion of the permit fee calculated from the first day of the
month of issuance of the permit to the end of the permit year. Except
as expressly provided in this division 4{~-), no refund of
the permit fee shall be granted.
(d) Late payments for permit fees shall accrue at the rate of ten (10%)
percent per annum for the first thirty (30) days. If the permit fee is not
paid within sixty (60) days after it is due, the permit shall terminate
automatically. Any continued operation of a sidewalk cafe after
termination of a permit shall be construed as operating a sidewalk cafe
without a valid permit, and the City Manager shall have the. right to
remove, upon 24-hour's written and/or verbal notice to the permittee,
any and all sidewalk cafe
furniture used in connection with the sidewalk cafe.
(e) As provided in Resolution No. 2003-25299, a review of the annual permit
fee will be required whenever the change in the Consumer Price Index
(CPI), between the latest CPI and the date of the CPI used for the last fee
adjustment, is five percent (5%) or greater.
Ord. No. 92-2808, § 1(39-30), 10-8-92; Ord. No. 95-2999, § 1, 6-21-95; Ord.
No. 97-3092, § 1(39-31), 9-10-97; Ord. No. 98-3146, § 1, 10-21-98; Ord. No.
2000-3237, § 2, 4-12-00; Ord. No. 2003-3397, § 1, 2-26-03; Ord. No. 2003-
3423, § 1, 7-30-03)
Editor's note: Ord. No. 2003-3397, § 1, adopted February 26, 2003,
changed the title of § 82-383 from "Fee; renewal fee; penalties for late
payments for renewal fee" to "Fee; renewal fee; penalties for late payments
for renewal fee; exception."
Sec. 82-384. Permitted sidewalk cafe frontage; requests for
expansions
(a) Sidewalk cafes are restricted to the sidewalk frontage of the restaurant
to which the permit is issued or, if the restaurant is an ancillary and/or
secondary use to another type of business establishment, the sidewalk
cafe shall be restricted to the sidewalk frontage of the building (or
portion thereof) of the "primary" business" establishment (within which
the restaurant is located). Only a restaurant whose premises are on a
ground floor adiacent to and fronting the sidewalk may be issued a
sidewalk cafe permit. ;",~-area of the ocimit m.;~: ~,~:; o;r,~,a h„
(b) An applicant for a sidewalk cafe permit may be permitted, upon prior
written request by the permittee to the City Manager, to extend by a
maximum total of fifty (50) feet in the right-of-way on one side and/or
the other side of the restaurant to which the permit is issued (a~/or
• , of the business establishment where
the restaurant is located)..-i the permittee shall make written
application to the City Manaaer setting forth the reason(s) for the
proposed expansion and provide a site plan showing the proposed
expansion. All requests for expansions pursuant to this subsection (b)
shall be reviewed by the City Manager on a case by case basis In
reviewing such requests, the City Manager in making his
determination to approve or deny shall consider the following•
(i) Pedestrian access
(ii) Visibility of the front of the adiacent owner's business
(iii) Obstructions
(iv) Accessibility to the adiacent owner's business by patrons
(v) The City Manager shall solicit input from businesses and
property owners on the same block includina without
limitation, the immediately adjacent (i.e. next door)
business and property owners.
(vi) The City Manager shall provide written notice to the
adjacent business establishment (tenant) and property
owner on to whose frontage the sidewalk cafe proposes
to expand. The notification shall include the following
information: the name and address of the
permittee/business establishment reauesting the
expansion; the approximate location and size of the area
requested; and the name and address of the city official
and/or employee to forward comments to, and the time
period within which to forward said comments (which
time period shall be no less than fourteen (14) days)
Said notice shall be sent, as to the adjacent business
establishment (tenant), to the name and address on file
with the city for the establishment's occupational license
and, for the Propertv owner, to the name and address
identified in the records of the Miami-Dade County
Propertv Tax Appraiser's Office. Any objections not
submitted and received by the city within the date
provided in the notice shall be deemed waived.
wii) The Citv Manager may also consider any history of
violations and/or warninas pursuant to Section 82-371
In the event of approval by the City Manager to expand a sidewalk cafe
pursuant to this subsection (b) the additional square footage will be
computed into the new permit fee.
Notwithstanding the Citv Manager's approval of a sidewalk cafe
expansion pursuant to this subsection (b) in the event that the
adjacent business establishment and/or property owner (on to which a
sidewalk cafe has expanded) subseauently elects to apply for a
sidewalk cafe permit to operate a cafe in front of its premises that new
applicant/permittee shall provide the City Manager with notice of such
intent stating the applicant's name• the property address• the name of
the business establishment and/or the restaurant (of which the cafe is
apart of); and the anticipated opening date The city will provide the
business establishment (tenant) and Propertv owner which is currently
expanding into the proposed new applicant/permittee's frontage with a
courtesy copy of the notice. Following receipt of said written notice by
the city, and provided that the new applicant/permittee obtains a
sidewalk cafe permit, as well as any other required permits and/or
licenses for operation of the business establishment and/or restaurant
associated with the proposed new sidewalk cafe then the City
Manager's prior consent for expansion shall terminate and the City
shall provide written notice to the adjacent sidewalk cafe permittee
advising it of such termination and providing a termination date
therefore The city's notice shall provide the adjacent property owner
with at least seven (~ calendar days prior to the effective date of
termination of the expansion Upon the termination date of the city's
consent to expansion the sidewalk cafe permit and the permit fee will
be adjusted accordingly.
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c) In the case of sidewalk cafes on Lincoln Road an expansion of a
sidewalk cafe across the centerline of Lincoln Road Mall may also be
permitted. The permittee shall make written application to the City
Manager setting forth the reason for the proposed expansion and
provide a site plan showing the proposed expansion Requests for
expansions pursuant to this subsection (c) shall be reviewed by the
City Manager on a case by case basis In reviewing such requests
the City Manager shall consider the following•
(i) the applicant/permittee would otherwise be significantly
deprived of the use of the right of wav for which the
sidewalk cafe permit is sought;
(ii) there are special circumstances and conditions that exist
which were not self-created by the applicant/permittee
and are peculiar to that portion of the right of wav and
are not generally applicable to other rights of wav in the
immediate area:
(iii) the granting of the expansion is the minimum that will
allow the applicant/permittee's reasonable use of the
area for its sidewalk cafe ooerations• and
iv the grantinq of the expansion will not significantly impair
the ability of pedestrians on that particular portion of
Lincoln Road Mall to walk comfortably from one side of
the Mall to the other.
{G} In the event of approval by the City Manager to expand a sidewalk cafe
pursuant to this subsection (c), the additional square footage will be
computed into the new permit fee.
Sec. 82-385. Minimum standards criteria and conditions for operation
of sidewalk cafes.
(da) The permittee shall take any and all actions to assure that its use of
the public right of way in no way interferes with patrons of other
sidewalk cafes, or limits their free, unobstructed passage thereto.
(b) Sidewalk cafes shall be located in such a manner that a distance of not
less than five (5) feet is maintained at all times as a clear and
unobstructed five (5) foot pedestrian path around public amenities and
areas such as, by way of example, fountains, landscaped areas
(excluding city planters), and seating/shade structures.
Notwithstanding the preceding, the City Manager, in his reasonable
lodgment and discretion, and on a case-bv-case basis, may approve
and allow for a pedestrian path of less than five (5) feet where an
applicant/permittee's sidewalk cafe operation would be significantly
impacted. In considering such cases, and in determining whether an
applicant/permittee is "significantly impacted," the City Manager may
apply the criteria set forth in Section 82-384 (c)(i)-(iv).A five (5) foot
pedestrian path shall also be required and established where the City
Manager, in his reasonable iudgment and discretion, determines that
the operation of a sidewalk cafe inhibits pedestrian access to an
adjacent business establishment or adversely affects the visibility of an
adjacent storefront.
cl No tables. chairs. umbrellas. or other sidewalk cafe furniture shall be
permitted within ten (10) feet of a bus bench and/or bus shelter. A
distance of five (5) feet shall be maintained from taxi stands, fire
hydrants, bike racks, directory signage/kiosks, and/or other similar
public street furniture and/or fixtures.
(d) No tables, chairs, umbrellas or other sidewalk cafe furniture shall be
permitted within five (5) feet of an alley, pedestrian crosswalk, or
corner curb cut.
e) The pedestrian path for Lincoln Road shall be a twelve (12) foot. clear
path for emergency and maintenance vehicles, The exact location of
the path on each block shall be determined by the City Manager, in his
reasonable iudgment and discretion, and shall be incorporated into the
sidewalk cafe site map of Lincoln Road.
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(+f) No object shall be permitted around the perimeter of an area occupied
by tables and chairs which would have the effect of forming a physical
or visual barrier discouraging the free use of the tables and chairs by
the al• public, or (in the case of Lincoln Road) which would have
the effect of obstructing the pedestrian path or #~ie public access
between the north and south sides of Lincoln Road.
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(erg) The area covered by a sidewalk cafe permit, and the sidewalk and
street immediately adjacent to it, shall be maintained in a clean, neat
and orderly appearance at all times by the permittee. The area of the
sidewalk, curb and gutter immediately adjacent to the sidewalk cafe
shalt be cleared of all debris during hours of operation, and again at
the close of each business day, or as may otherwise be determined by
the City Manager. The permittee shall be responsible for pressure
cleaning the floor surface on which the sidewalk cafe is located at the
close of ~s each business day. The city shall pressure wash the
right-of-way from time to time in accordance with such schedule as
shall be established in the reasonable judgment and discretion of the
City Manager. In establishing said schedule, the City Manager shall
use reasonable efforts to assure that the cGity's pressure cleaning of
the public right of way occurs at such times as will cause the least
disruption to sidewalk cafe operations.
(~h) Tables, chairs, umbrellas and any other. sidewalk cafe furniture shall
be maintained in a clean, attractive, and orderly appearance, and shall
~ be maintained and kept in good repair at all times.
(ei) All sidewalk cafe furniture shall be of high qualityl design, materials,
and workmanship so as to ensure the safety and convenience of the
public.
(ffl) Only the sidewalk cafe furniture specifically shown on the approved
sidewalk cafe site plan shall be allowed in the permit area.
(~k) All tables, chairs, umbrellas, and any other sidewalk cafe furniture shall
be readily removable, and shall not be physically attached, chained, or
in any other manner affixed to any ublic structure, street furniture,
signage, and/or #ee~c~~:ga-eF other ublic fixture, or to a curb;
and/or public right of way ~",~+hc., „r .,oar +ho „o~,,,;++o,~ ,re,
(fl) The stacking, or piling up, of chairs shall be prohibited on the right of
way. Tables, chairs and closed-up umbrellas may remain on the right
of way as long as they are placed in an orderly manner. Tables and
chairs may remain set up for business on sidewalk cafes on Lincoln
Road Mall that are set up and open for business before 11:00 AM.
Any sidewalk cafes not set up and open for business before 11:00 AM
shall remove all chairs, and all other sidewalk cafe furniture, at the
close of each business day and store them inside the premises. The
permittee may maintain se~a~proved sidewalk cafe furniture such as
rolling service stations, service carts, and bussing stations in the permit
area only during hours of operation,
provided however, that planters that cannot be
readily removed may remain within the permit area subject to the
provisions of subsection (~s) hereof. On Lincoln Road Mall, rolling
service stations, service carts, and bussing stations shall not be
permitted to be placed within five (5) feet of the walls, columns, or
posts of the Lapidus structures, Gcity planters, or in front of other
storefronts and/or business establishments. The City Manager may
require a permittee to store its tables, chairs and/or umbrellas off of the
right of way if, in his reasonable judgment and discretion, the City
Manager determines that the sidewalk cafe permit area and
immediately adjacent public right of way are not being adequately
maintained in accordance with this division.
(sm) No storage of dishes, silverware or other similar sidewalk cafe
equipment shall be allowed in the permit area, or in any other portion
of the public right-of-ways for outside the structural confines of the
building in which the restaurant is located,,3 during non-business hours.
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(en) There shall be no live entertainment or speakers placed in the permit
area unless expressly permitted as a special event. Conditions such as
hours and days of operation and audio levels will be regulated by the
city's special events office, and these may vary during the year.
(vo) One menu board sand one specials board shall be permitted, per.
sidewalk cafe, for every fifty (50) feet of frontage. ,
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(wp) No food preparation, #eed--d~la~; food storage, of refrigeration
apparatus or equipment, or #ire-er fire apparatus or equipment, shall be
allowed on the right of way.
(xg) No food displays shall be permitted on the public right-of-way No
advertising signs or business identification signs shall be permitted
+~on the public right-of-way except that the restaurant name and/or its
loco may be permitted on umbrellas but such logos and/or letterina
may not exceed six (6") inches in height
(yr) Umbrellas ~~„d-e ;T~+m;taf-s~ ~•~a;~~-sa#e--fa~~+~ shall be fire-
retardant, pressure-treated or manufactured of fire-resistant material.
. No portion of an umbrella
shall be less than six feet eight inches (6'8") above the right of way.
°~^°°~ °~~ ~~"~ :n^"°° ~^ "°~^"+ Two or more umbrellas may not be
clipped, zipped or otherwise fastened together in order to form atent-
like structure. Clear plastics or other materials may not be fastened,
rolled or otherwise be attached to umbrella edges in order to create an
enclosure.
(zs) The City Manager may permit the use planters)
manufactured of terra-cotta or polymer materialsi ae-~deserafier- with;
the number and size to be reviewed at time of
application. Placement of planters within sidewalk cafe areas shall be
five feet (5'-0") apart or greater. It shall be the permittee's
responsibility to immediately remove ea+~ planters, upon written and/or
verbal notice from the City Manager, in case of emergency or other
epesiat circumstances as provided in this division. Maximum size of
planters shall not exceed the following:
(1) Rectangular planters: 30 inches long, by 15 inches wide by 20
inches high.
(2) Round planters: 24 inches diameter by 24 inches high.
(3) Planters 20 inches or higher shall be on rollers or on rolling
bases.
(4) The combination of planters and plant heiaht should not exceed
a table heiaht of 34 inches.
{4~Plants shall be properly maintained. Distressed plants shall be
promptly replaced. Plant fertilizers which contain material that can stain
the sidewalks shall not be allowed. Water drainage from any plants
onto the sidewalk shall not be allowed. Potted plants shall have
saucers or other suitable systems to retain seepage.
mss:
(aat) Permittees may make written request to the City Manager to use city
electricity for powering floor fans during the summer months. Summer
months are defined as the period beginning on May 1St, and ending on
September 30th. The City Manager will make electrical outlets
operable upon payment of a flat fee, which fee shall be determined,
and may be adjusted from time to time, in the reasonable judgment
and discretion of the Citv Manaaer ^f °~ ,~°*°.-.,.,..,°,~ ~,,,~ ..,-°~°„+°,~ ;,,
for each of the calendar days during the summer months. City
electrical outlets will be restricted to powering floor fans only. Using
the electrical outlets for powering lights, menu board lightingi and any
other electrical device is strictly prohibited. Permittees violating this
restriction will have the electrical boxes deactivated and forfeit any
monies paid for electrical use. Fans must be UL approved for outdoor
use. Extension cords are not allowed.
(k~bu) No permit shall be granted on Lincoln Road in an area designated in
the sidewalk cafe site map as restricted for special and cultural events;
provided however, that the City Manager may approve temporary use
of such area(s), on a case by case basis, and only for a defined,
limited time.
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Sec. 82-38x6. Indemnification and insurance' o~ha:*„ ,^,~ :^^..r°^^°.
(a) The permittee agrees to indemnify, defend, save and hold harmless
the city, its officers and employees from any and all claims, liability,
lawsuits, damages and causes of action which may arise out of the
permit or the permittee's activity on the public right of way.
(b) The permittee agrees to meet and maintain for the entire permit period,
at its own expense, the following requirements:
(1) Commercial general liability insurance in the amount of
$1,000,000.00 per occurrence for bodily injury and property
damage. The city must be named as an additional insured on
this policy, and an endorsement must be issued as part of the
policy reflecting compliance with this requirement.
(2) For sidewalk cafes which serve alcoholic beverages, liquor
liability insurance in the amount of $1,000,000.00 per
occurrence for bodily injury and property damage. The city must
be named as an additional insured on this policy, and an
endorsement must be issued as part of the policy reflecting
compliance with this requirement.
(3) Workers' compensation and employers' liability as required by
the state.
(4c) All policies must be issued by companies authorized to do business in
the state and rated B+:VI or better per Best's Key Rating Guide, latest-
edition.
(ad) The city must receive 30 days' written notice prior to any cancellation,
non-renewal or material change in the coverage provided.
(6e) The permittee must provide and have approved by the city an original
a certificate of insurance as evidence that the requirements set forth in
~ this section have been met prior to commencing operations.
(f) Failure to comply with these requirements shall be deemed to be
operating without a valid permit and shall cause an immediate
suspension or revocation of the permit.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
SECTION 3. SEVERABILITY
If 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.
2008-3601
SECTION 4. 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 relettered 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 22nd day of March , 2008.
PASSED and ADOPTED this 12th day of March , 2008.
ATTEST:
Ma i Herrera ower MAYOR
~' ~~~
CITY CLERK Robert Parcher
F:\atto\AGUR\RESOS-ORD\Sidewalk Cafe Ordinance (Second and Final Reading -Amendment to Ord. 2-27-08 -
Version B).doc
APPROVED AS TO
COMMISSION ITEM SUMMARY
Rnnrlansc±rl Tiflp~
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida Amending The City's Sidewalk
Cafe Ordinance, As Codified In Sections 82-366 Through 82-386 Of The City Code; Providing For Repealer,
Codification, Severability, And An Effective Date.
Key Intended Outcome Supported:
Make Ci More Business Friendl .Increase Resident Satisfaction with Level of Code Enforcement.
Supporting Data (Surveys, Environmental Scan, etc.): 63% of businesses were either very satisfied or satisfied
with the fairness and consistency of enforcement of zoning or ordinances by the City of Miami Beach government for
businesses.
Issue:
Shall the Ma or and Ci Commission a rove the Ordinance amendment?
Item Summa /Recommendation: SECOND READING PUBLIC HEARING
Second Reading --The Ordinance regulating the administration and operation of sidewalk cafes was approved by the
City Commission on December 12, 2007. Two items were referred to the Neighborhoods/ Community Affairs
Committee, which met on January 30, 2008. Action on the storage of liquefied petroleum gas cylinders on the public
Right-of-Way was deferred for future consideration after the Fire Marshal meets with a subcommittee of sidewalk cafe
owners and operators to determine how to best deal with this issue. The second item, a discussion into changing the
12 feet pedestrian path into a 14 feet pedestrian path, was considered by the Committee, and it was decided to send
the item for further discussion at the City Commission meeting on February 13, 2008.
The following amendments, proposed by Commissioner Tobin were also considered and approved by the Committee:
1. Amending Sec. 82-384(8) (now Section 82-385(b)), excluding planters from the 5 feet minimum pedestrian
path requirement and authorizing the City Manager to approve a pedestrian path of less than 5 feet if an
applicanU permittee is significantly impacted.
2. Amending Sec. 82-384(b)(2)(6) (now Section 82-384(b)) regarding sidewalk cafe expansions. It requires the
City Manager to provide written notice to tenants and property owners onto whose frontage a sidewalk cafe
proposes to expand.
3. Amending Sec. 82-384(c) (now Section 82-384(b)) providing for notice of termination of a sidewalk cafe
extension area when a permittee seeks to use the same area. It allows the City Manager to terminate the
expansion in the event the adjacent business/ property owner subsequently elects to apply for a permit to
operate a sidewalk cafe in front of its establishment.
The amended Ordinance also has been reorganized to place all similar subject items under the same sections of the
Ordinance for better usability.
At the Commission meeting on February 13~h, 2008 the Administration recommended retaining the existing 12 feet
wide path for emergency and maintenance vehicles on Lincoln Road because there were about four (4) sidewalk cafes
where a 14 feet path was not possible to create without decreasing their approved footprints. In addition, most
sidewalk cafe owners and/ or operators were opposed to widening the existing 12 feet path to 14 feet because it would
create operational problems.
The Sidewalk Cafe Ordinance was approved on First Reading with the following amendments:
1. Amend the proposed 14 feet-wide clear path to 12 feet-wide path (existing) for emergency and maintenance
vehicles (see Sec. 82-385(e)).
2. Clarify in the Ordinance that at least the first floor must be a cafe or restaurant in order to take advantage of
the sidewalk area (See Sec. 82-384(a)).
THE ADMINISTRATION RECOMMENDS APPROVAL OF THE ORDINANCE ON SECOND READING.
Adviso Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1
_2
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Fernando Vaz uez, Ci En ineer ext 6399
Sign-Offs:
De artment 'r Assistant ana er Ci ana "er
FHB RC JMG
T:\AGENDA\2008\FebnFar~13\Regular\Sidewalk Cafe Ordinancel-lrst Reading SUMM.doc //
~~~~~~~ ~~~ A~sENDA ITEM rl J
,~ DATE 3 ia~o~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Com 'ssion
FROM: Jorge M. Gonzalez, City Manager
SECOND READING
DATE: March 12, 2008 PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE CITY'S SIDEWALK CAFE ORDINANCE, AS
CODIFIED IN SECTIONS 82-366 THROUGH 82-385 OF THE CITY CODE;
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on Second Reading.
FUNDING
Non Applicable
BACKGROUND
The City's new Sidewalk Cafe Ordinance was approved on first reading on February 13, 2008. Prior to the
February 2008 meeting, another version of the Sidewalk Cafe Ordinance was approved on second and
final reading on December 12, 2007. At that time, the following items were referred to the Neighborhoods/
Community Affairs Committee, which met on January 30, 2008:
1. Storage of liquefied petroleum gas cylinders on the public Right-of-Way (ROW).
A presentation was made by the Fire Marshal and the Public Works Director recommending
against the storage of gas cylinders on the ROW (i.e. streets, sidewalks, alleys, or Lincoln Road
Mall). After the Committee heard public comment from several cafe owners and operators, it was
decided that the item should be deferred further, and re-considered following a meeting among the
Fire Marshal and sidewalk cafe operators to find storage solutions that would meet the Fire Code
and would be less disruptive to the owners/ operators.
2. Discussion regarding extension of the twelve (12) feet pedestrian path on Lincoln Road
Mall.
The Administration presented block by block overlays of Lincoln Road Mall, depicting fourteen (14)
feet and sixteen (16) feet pedestrian pathways which could replace the existing required twelve
(12) feet pedestrian pathway. The Administration did not recommend the implementation of a
sixteen (16) feet pedestrian pathway because it would prove disruptive to currently approved
permittees, making it difficult to replace displaced tables and chairs to otherareas of Lincoln Road
Mall. The Administration recommended that a fourteen (14) feet pathway could be implemented
with a potential of only 4 to 5 sidewalk cafes having to lose some tables and chairs. The
Committee directed staff to work with the impacted sidewalk cafe owners, and to present a
fourteen (14) foot pedestrian path as an amendmentto the Ordinance, forfurtherdiscussion by the
City Commission on February 13, 2008.
Commission Memorandum
Sidewalk Cafe Ordinance Second Reading
March 12, 2008
Page 2 of 2
In addition to the aforestated items (and subsequent to the adoption of the new Sidewalk Cafe Ordinance
on December 12, 2008), Commissioner Tobin met with various sidewalk cafe operators, as well as with
the Administration and City Attorney's Office, and proposed the following additional amendments to the
Committee, which were also be presented to the City Commission on February 13, 2008:
1. Amending Section 82-384(g) (now referenced as Section 82-385(b) in the attached Ordinance)
excluding City planters from the five (5) feet minimum pedestrian path requirement and authorizing
the City Manager to approve a pedestrian path of less than five (5) feet if an applicant/permittee is
"significantly impacted."
2. Amending Section 82-384(b)(2)(vi) (now referenced as Section 82-384(b) in the attached
Ordinance) regarding sidewalk cafe expansions. It requires the City Manager to provide written
notice to tenants and property owners onto whose frontage a sidewalk cafe proposes to expand. It
provides the tenant and property owner with a time period of at least fourteen (14) days to provide
comments. Any objections not submitted and received by the City by the date provided shall be
deemed waived.
3. Amending Section 82-384(c) (now referenced as Section 82-384(b) in the attached Ordinance)
providing for notice of termination of a sidewalk cafe expansions when a permittee seeks to use
the same area. It allows the City Manager to terminate a sidewalk cafe expansion in the event the
adjacent business/ property owner subsequently elects to apply for a permit to operate a sidewalk
cafe in front of its establishment. The City shall provide at least a seven (7) calendar days notice to
the affected owner prior to the effective date of termination of the expansion. The sidewalk cafe
permit fee will be adjusted accordingly.
The Committee unanimously recommended the aforestated amendments. Additionally, following the
Committee meeting, Commissioner Tobin requested that the Administration and City Attorney's Office
further review the Sidewalk Cafe Ordinance, with the specific purpose of eliminating repetitive language;
clarifying certain provisions; and re-organizing and re-grouping sections of the Ordinance and organizing
like issues by subject matter. Accordingly, in addition to the amendments considered and recommended
by the Neighborhoods/Community Affairs Committee, the attached amended Sidewalk Cafe Ordinance
has been re-organized into a more "user-friendly" version.
At .the Commission meeting on February 13'h, 2008 the Administration recommended retaining the
existing 12 feet wide path for emergency and maintenance vehicles on Lincoln Road because there were
about four (4) sidewalk cafes where a 14 feet path was not possible to create without decreasing their
approved footprints. In addition, most sidewalk cafe owners and/ or operators were opposed to widening
the existing 12 feet path to 14 feet because it would create operational problems.
The Sidewalk Cafe Ordinance was approved on First Reading with the following amendments:
1. Amend the proposed 14 feet-wide clear path to 12 feet-wide path (existing) for emergency and
maintenance vehicles (see Sec. 82-385(e)).
2. Clarify in the Ordinance that at least the first floor must be a cafe or restaurant in order to take
advantage of the sidewalk area (See Sec. 82-384(a)).
Conclusion:
The Administration recommends approval of the Ordinance on Second, Reading.
JMG\RCM\FHB\RTH
T:WGENDA\2008\March 12\Regular\Sidewalk Cafe Ordinance 2nd Reading MEMO.doc
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE !S HEREBY given that a second reading and public hearings will be held by the Mayor and
City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall,
1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, March 12, 2008, to consider
the following:
10:30 a.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,
By Amending Chapter 118, "Administration And Review Procedures," Article IV, "Conditional Use
Procedure," By Amending Section 118-193 To Amend The Procedures For Obtaining An Extension
Of Time; By Amending Article VI, "Design Review Procedures," By Amending Section 118-258 To
Amend. The Procedures For Obtaining An Extension Of Time; By Amending Article VIII, "Procedure For
Variances And Administrative Appeals," By Amending Section 118-355 To Amend The Procedures
For Obtaining An Extension Of Time; By Amending Article X, "Historic Preservation", By Amending
Section 118-532 To Amend The Procedures For Obtaining An Extension Of Time And By Amending
Section 118-564 To Amend The Procedures For Obtaining An Extension Of Time And To Clarify The
Requirements And Procedures For Obtaining A Variance From The Historic Preservation Board.
Inquiries may be directed to the Planning Department at (305) 673-7550.
11:00 a.m.
An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 3 "Lobbyists," Section
2-482 Thereof Entitled "Registration" By Expanding Upon Lobbyists Registration Requirements To
Include Disclosure Of Certain Contractual Relationships.
Inquiries may be directed to the Legal Department at (305) 673-7470. .
11:30 a.m.
An Ordinance Amending The City's Sidewalk Cafe Ordinance, As Codified In Sections 82-366 Through
82-385 Of The City Code.
Inquiries may be directed to the Public Works Department at (305) 673-7080.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to
express their views iri writing addressed to the City Commission, c/o the City Clerk, 1700 Convention
Center Drive, l st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available
for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center
Drive l st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under
such circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides
to appeal any decision made by the City Commission with respect to any matter considered at its
meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. This notice
does not constitute consent by the City for the introduction or admission of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access for
persons with disabilities, and/or any accommodation to review any document or participate in any
city-sponsored proceeding, please contact (305) 604-2489 (voice), (305)673-7218(TTY) five days in
advance to initiate your request. TTY users may also call 711 (Florida Relay Service).
Ad #478
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