AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED “PUBLIC PROPERTY,” ARTICLE IV, ENTITLED “USES IN PUBLIC RIGHTS-OF-WAY,” DIVISION 5, ENTITLED “SIDEWALK CAFES,” BY AMENDING SECTION 82-366, ENTITLED “DEFINITIONS,” SECTION 82-367, ENTITLED “DECLARATION OF NECESSITY AND INTENT,”  AND SECTION 82-371, ENTITLED “CIVIL FINES AND PENALTIES; DENIAL OF FUTURE PERMITS TO REPEAT VIOLATORS; ENHANCED PENALTIES”, BY AMENDING SUBDIVISION II, ENTITLED “PERMIT,” BY AMENDING SECTION 82-381, ENTITLED “PERMITTED AREAS; CONDITIONAL PERMIT; CITY MANAGER’S RIGHT TO REMOVE SIDEWALK CAFES; REQUIREMENT DISCLOSURES ON MENUS, BILLS, AND RECEIPTS, 82-382, ENTITLED “APPLICATION,” SECTION 82-383, ENTITLED “PERMIT FEE; PENALTIES FOR LATE PAYMENT; REVIEW OF FEE; EXCEPTION,” SECTION 82-388, ENTITLED “HOURS OF SALE OF ALCOHOLIC BEVERAGES; EXCEPTIONS; ENFORCEMENT,” AND SECTION 82-389, ENTITLED “SIDEWALK CAFÉ CODE OF CONDUCT,” IN ORDER TO AMEND THE DEFINITIONS, AMEND THE DECLARATION OF NECESSITY AND INTENT, CLARIFY THAT THE CITY’S SIDEWALK CAFÉ PROGRAM IS A VOLUNTARY USE OF THE CITY’S RIGHTS-OF-WAY, WITHIN THE CITY’S PROPRIETARY CAPACITY, AND ADOPT AMENDMENTS TO THE REQUIREMENTS IN THE SIDEWALK CAFÉ CODE OF CONDUCT AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

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