LTC 278-2022 Sidewalk Cafe Report Fiscal Year 2022 Quarter 3 (April 1, 2022 - June 30, 2022)278-2022
MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. LTC # LETTER TO COMMISSION
TO:
FROM:
DATE:
Mayor Dan Gelber and Members of the City Commission
Alina T. Hudak, City Mana~
July 8, 2022
SUBJECT: Sidewalk Cafe Report Fiscal Year 2022 Quarter 3 (April 1, 2022 -June 30, 2022)
This Letter to Commission constitutes the Sidewalk Cafe Report for Quarter 3 (April 1,
2022 -June 30, 2022) of Fiscal Year 2022. On April 11, 2018, the Mayor and City
Commission adopted Ordinance 2018-4294 creating a quarterly reporting requirement for
violations of the Sidewalk Cafe Ordinance specific to subsections 82-389. This subsection
encompasses requirements for the Sidewalk Cafe 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 cafe 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.
During Quarter 3, 1,835 sidewalk cafe inspections were conducted resulting in 73
violations issued; of the 73, one (1) was a violation related to the requirements of this
report. Of the 1,835 sidewalk cafe inspections, nine (9) complied immediately, eight (8)
received courtesy notices then complied, and 1,745 were proactive compliance
inspections where no violation was occurring.
Should you have any questions please contact Code Compliance Director Hernan
Cardena.
Attachments:
Attachment A: Section 82-389 Sidewalk Cafe Code of Conduct
Attachment B: Violations issued in FY 2022 Quarter 3 related to the requirements of this report
t)/l ~ -J-G
AH/W HDC/TC/RT
Attachment A
Secs. 82-389. Sidewalk Cafe Code of Conduct
Sidewalk cafe permittees must comply with those requirements set forth below in the
sidewalk cafe 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 cafe operator that fails to comply with any provision(s)of the sidewalk cafe code
of conduct, as set forth herein, may be prohibited from operating pursuant to those
enhanced penalties identified within subsection 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(fbnt) 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
of the meal or drink or separately imposed for all items ordered, must display the actual
amount of each such gratuity, charge, and fee on the menu and on the face of the
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
or charges, or other similar charges imposed by a sidewalk cafe operator as part of the
charges for furnishing, serving, or preparing food products must be subject to sales tax
and surtax. A sidewalk cafe operator must state the total combined percentage and
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 cafe 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 cafe patrons.
(g)
No food and/or beverage display(s) shall be permitted in any sidewalk cafe permit area
and/or 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 cafe 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 cafe permit areas and any other portion of the public right-of-way, and no food
or drink special(s) maybe displayed, disclosed, or posted on any menu board or sandwich
board sign, pursuant to subsection 82-385(n). Food or drink menu special(s) shall not be
displayed, disclosed, posted or permitted to remain in any sidewalk cafe permit area
and/or the public right-of-way, except at a table presently occupied by a customer; nor
shall any food or drink menu special(s)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 cafe permit area and/or
the public right-of-way.
(i)
Sidewalk cafe 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 subsection 82-
382(b )( 18).
(j)
Sidewalk cafe operators located on Ocean Drive, between 5 th Street and 15 th Street; on
Lincoln Road between Washington Avenue and Alton Road; and on Espanola Way
between Washington Avenue and Drexel Avenue, shall not:
( 1)
Solicit any pedestrian(s) located on the sidewalk abutting a sidewalk cafe permit area, or
on the right of way within 20 feet of the outer perimeter of a sidewalk cafe permit area, for
the purpose of inducing such pedestrian to patronize any business establishment or
sidewalk cafe, or purchase any food, beverage, 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
a sidewalk cafe permit area, or on the right-of-way within 20 feet of the outer perimeter of
a sidewalk cafe permit area, unless the pedestrian first affirmatively communicates a
desire to receive information about the sidewalk cafe'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.
(Ord. No. 2019-4294, § 1, 9-11-19; Ord. No. 2019-4300, § 1, 10-16-19; Ord. No. 2020-
4323,§ 3, 1-15-20)
Secs. 82-390-82-410. -Reserved.
Attachment B: Violations issued in FY 2021/22 Quarter 3 related to the requirements
of this report
CC2022-12890 640 4/21/2022 Notice of Violation Violation of; Section 82-
OCEAN 389 and 82-371. Failing
DRIVE, to comply with the
LLC dba requirements in the
Meet Dalia Sidewalk Cafe Code of
Conduct.
Ref: Hawking / Soliciting
on the sidewalk cafe.
1st Offense/ 500.00