LTC 380-2020 Sidewalk Café Report Fiscal Year 2019-20 Quarter 4 (July 2020-September 2020)DocuSign Envelope ID: 167DB87C-35B0-4B26-83E7-1A1C0C06C53B
MIAMI BEACH
OFFICE OF THE CITY MANAGER
380-2020 NO. LTC# LETTER TO COMMISSION
TO:
FROM:
DATE:
Mayor Dan Gelber and Members~~sl5f;,iJ.ybyCommission
Jimmy L. Morales, City Manager! Jwwq /orals
28C418194070496..
October 21, 2020
SUBJECT: Sidewalk Café Report Fiscal Year 2019/20 Quarter 4 (July 2020-September 2020)
This Letter to Commission constitutes the Sidewalk Café Report for Quarter 4 (July 2020-
September 2020) of Fiscal Year 2019/20. On April 11, 2018, the Mayor and City
Commission adopted Ordinance 2018-4294 creating a quarterly reporting requirement for
violations of the Sidewalk Café Ordinance specific to subsections 82-389. This subsection
encompasses requirements for the Sidewalk Café Code of Conduct, including
hawking/solicitation, menu price requirements, automatic gratuity and other charges, and
receipt itemization of charges and taxes. See attachment A for full details.
While the reporting requirement was adopted in April 2018, sidewalk café operators were
given time to comply with the menu price requirements. The ordinance was to take effect
on July 2, 2018 for the cafe's located in the MXE district and on January 1, 2019 citywide.
In addition to this ordinance, menu design guidelines needed to be established which
subsequently did not become effective in the MXE district until October 1, 2018 and
citywide until January 1, 2019.
On March 18, 2020 the Code Compliance Department's mission was realigned in
response to the Corona Virus pandemic and the subsequent emergency measure orders
that directly impacted restaurants and sidewalk cafés during this time.
During the 4th quarter (July 2020-September 2020), 63 sidewalk café inspections were
conducted resulting in 6 violations issued, one of which was a violation related to the
requirements of this report. Of the 63 sidewalk café inspections, 24 complied immediately,
11 received courtesy notices, and seven were proactive Covid-19 inspections.
Additionally, 15 were proactive compliance inspections where no violation was occurring.
Should you have questions please contact Code Compliance Director Hernan Cardena.
Attachments:
Attachment A: Section 82-389 Sidewalk Café Code of Conduct
Attachment B: Violations issued in FY 2019/20 Quarter 4 related to the requirements of this ..#.«o
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Attachment A
Secs. 82- 389. Sidewalk Café Code of Conduct
Sidewalk café permittees must comply with those requirements set forth below in the
Sidewalk Café Code of Conduct, which is supplemental to, and in addition to, all other
standards, criteria and conditions herein regulating sidewalk cafes, and is not intended to
amend, repeal or replace any other provision of Chapter 82, Article IV, Division 5. A
sidewalk café operator that fails to comply with any provision( s) of the Sidewalk Café Code
of Conduct, as set forth herein, may be prohibited from operating pursuant to those
enhanced penalties identified within subs ection 82- 371(b).
(a) A sidewalk cafe must display or disclose, in writing, actual prices for food and drink
menu item(s), and display or disclose, in writing, actual prices and accurate terms
and
conditions for any food and drink menu special(s). The displayed price for the food
or
drink menu item(s) or food and drink menu special(s) (and, if applicable, the terms
and
conditions for any food and drink menu special(s)) must be in a size (font) and
typeface,
which is at least as large as the name of the menu item. Such prices (and, if
applicable,
terms and conditions) must be displayed adjacent to the name, description,
photograph,
and/ or image of each menu item or menu special, except as may be expressly
authorized pursuant to the sidewalk cafe menu design guidelines. All menu prices
must
be displayed in numeric format. A sidewalk cafe may not charge a price that is
greater
than the price displayed or disclosed for any food or drink menu item(s) or food or
drink
menu special(s). In the event that a sidewalk cafe patron makes a unique or special
request for a food or drink menu item not listed on the menu, the sidewalk cafe
must
disclose, to the patron, the price of the unique or specially requested food or drink
menu
item, prior to agreeing to prepare the food or drink menu item. A menu that
prominently
displays the name of the sidewalk cafe operator; actual prices for food and drink
menu
item(s) and for food and drink menu special(s); and, if applicable, accurate terms
and
conditions for any food and drink menu special(s) must be provided to each
sidewalk
cafe patron.
(b) A sidewalk cafe that automatically includes a gratuity, service charge, minimum
charge,
corkage fee, set up fee, sharing fee or charge, or other similar charge, either in the
price
actual
of the meal or drink or separately imposed for all items ordered, must display the
amount of each such gratuity, charge, and fee on the menu and on the face of the
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customer' s bill. This disclosure serves to provide the customer notification that an
automatic gratuity, charge, and/ or fee is being included by the sidewalk cafe
operator.
The disclosure of each gratuity, charge, and fee within the menu must not be
smaller
than 14- point font, and the disclosure within the bill must not be smaller than 12-
point
font.
(c) A sidewalk cafe that includes a gratuity or tip as a charge must separately itemize
and
state the actual amount of this charge on the face of the customer' s bill and receipt,
and
such gratuity or tip must only be calculated based on the pre- tax sale amount of
the food
or drinks. A sidewalk cafe operator that includes a service charge, minimum
charge,
corkage fee, set up fee, sharing fee or charge, or any other similar charge, must
itemize
and separately state the actual amount of such charges on the face of the
customer' s bill
and receipt. Service charges, minimum charges, corkage fees, set up fees, sharing
fees
of the
tax
and
or charges, or other similar charges imposed by a sidewalk cafe operator as part
charges for furnishing, serving, or preparing food products must be subject to sales
and surtax. A sidewalk cafe operator must state the total combined percentage
amount of City, County, and State taxes on the face of the customer's bill and
receipt,
and must label such taxes accurately.
{d) There shall be no live entertainment or speakers placed in the sidewalk café
permit area
unless expressly permitted as a special event issued by the city' s events office.
(e) No food preparation, food storage, expanded polystyrene food service articles,
single use
plastic beverage straws, single- use plastic stirrers, refrigeration apparatus or
equipment, or fire apparatus or equipment, shall be allowed on the right-of-way. In
addition, expanded polystyrene food service articles, single- use plastic beverage straws,
and single- use plastic stirrers shall not be provided to sidewalk cafe patrons.
(1) Exception. The provisions in this subsection shall not restrict a sidewalk
cafe
operator from providing a beverage with, or offering the use of, a single- use plastic
beverage straw or single- use plastic stirrer to an individual with a disability or
medical condition that impairs the consumption of beverages without a single- use
plastic beverage straw or single- use plastic stirrer.
(f) Single- use carry out plastic bags shall not be allowed in the right- of-way and
shall not be
provided to sidewalk café patrons.
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(g) No food display(s) shall be permitted on the public right- of-way, nor shall any food
and/ or
beverage display(s) be maintained within the restaurant/ business establishment'
s
premises in such a way that the placement of such display(s) is/ are clearly visible
from
the sidewalk café permit area and/ or the public right- of-way.
(h) Except as provided in Subsection 82- 385(n)1 ), specials board(s) shall be
prohibited in
all sidewalk café permit areas and any other portion of the public right- of-way, and
no
food or drink special(s) may be displayed. disclosed. or posted on any menu board
or
sandwich board sign. pursuant to Section 82- 385(n). Nor shall any food or drink
specials) be displayed. disclosed or posted within the restaurant/ business
establishment' s premises in such a way that the placement of such display.
disclosure.
or posting is clearly visible from the sidewalk café permit area and/ or the public
right- of way.
(i) Sidewalk café permittees on Ocean Drive, between 5th Street and
15th Street, including every manager and every employee assigned to work in the
sidewalk cafe permit area, must successfully complete a hospitality training
program that
has been previously approved by resolution of the mayor and city commission.
Within
one year of completing such program, and each year thereafter, every manager
and
every employee assigned to work in the sidewalk cafe permit area shall complete
an
abbreviated version of the same hospitality training program. Sidewalk cafe
permittees
shall:
(1) Maintain records on premises evidencing compliance with this subsection (i), and
(2) Submit to the city manager, on an annual basis, the affidavit specified in Section
82- 382(b)(18).
U) Sidewalk café operators located on Ocean Drive, between 5th Street and 15th
Street,
shall not:
(1) Solicit any pedestrian(s) located on the sidewalk abutting the sidewalk café permit
area, or on the right of way within twenty (20) feet of the outer perimeter of the
sidewalk café permit area, for the purpose of inducing such pedestrian to patronize
any business establishment or sidewalk café, or purchase any food, beverage, o€
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product, or service, unless the pedestrian first affirmatively communicates a desire to
receive information about the sidewalk cafe' s food, beverages, products, or services;
(2) Distribute any commercial handbill(s) to any pedestrian(s) located on the sidewalk
abutting the sidewalk café permit area, or on the right of way within twenty (20) feet
of the outer perimeter of the sidewalk café permit area, unless the pedestrian first
affirmatively communicates a desire to receive information about the sidewalk café' s
food, beverages, products, or services; and/ or
(3) Hold or display any commercial handbill(s) in such a way that impedes, hinders,
delays, or obstructs any pedestrian's(s') gait or path of travel.
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Attachment B: Violations issued in FY 2019/20 Quarter 4 related to the requirements
of this report
Ref: Displaying food within
the sidewalk cafe area.
Section 82-389 and 82-371.
551 LINCOLN RD/ Failing to comply with the
CC2020-09553 Ounze Corporate, Appeal 09/24/2020 requirements in the
LLC dba Tapelia Sidewalk Café Code of
Conduct. 1st Offense;
$500.00 Fine. BWC used. J.
Goehring (745)