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Ordinances - R5  R




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:June  5, 2019
 

First Reading

SUBJECT:

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, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," BY AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFES," BY AMENDING SUBDIVISION I, ENTITLED "GENERALLY," BY AMENDING SECTION 82-366 THEREOF, ENTITLED "DEFINITIONS," BY MODIFYING THE SPECIALS BOARD, MENU BOARD, AND SANDWICH BOARD SIGN DEFINITIONS; AND BY AMENDING SUBDIVISION II, ENTITLED "PERMIT," BY AMENDING SECTION 82-385 THEREOF, ENTITLED "MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES," WHICH SHALL SERVE TO PROHIBIT A SIDEWALK CAFE FROM PLACING A SPECIALS BOARD UPON THE PUBLIC RIGHT-OF-WAY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.


RECOMMENDATION

Pursuant to the request of Commissioner Mark Samuelian, the above-referenced Ordinance is submitted for consideration on First Reading by the Mayor and City Commission.

ANALYSIS

The City of Miami Beach has authorized the establishment of sidewalk cafes in order to provide a unique environment for its residents and visitors, which allows these individuals to relax and enjoy the consumption of food and/or beverage(s) amongst the City's tropical scenery.  A business establishment must obtain the permission of the City with a permit to operate its sidewalk café upon the City's property.  

 

The Mayor and City Commission recognize that, upon the City's issuance of a sidewalk cafe permit, a sidewalk cafe operation is a privilege and not a right, and is conditional at all times.  A business establishment seeking to operate a sidewalk cafe is subject to certain identifiable standards, criteria, requirements, and conditions.  Food and drink menu specials offered at sidewalk cafes must be displayed or disclosed to patrons in a manner consistent with Sections 82-381 (h) and 82-385(v) of the City Code, and as expressly approved by the City as part of such business establishment's annual sidewalk cafe permit application.

 

The Mayor and City Commission have determined that the prevention of deceptive, misleading, or bait and switch tactics relating to food and/or drink specials offered at sidewalk cafes is essential to ensuring positive customer dining experience(s) at sidewalk cafes.

 

The City has previously authorized the use of specials boards at sidewalk cafes, which has caused certain sidewalk cafe operators to utilize these specials board(s) in a deceptive manner in order to entice patrons to dine at the business establishment's sidewalk cafe under false or misleading pretenses.  A prohibition on such specials board(s) at sidewalk cafes will further protect patrons by fostering greater transparency in the identification, pricing, and conditions surrounding a business establishment's daily food and/or drink specials, and provide the City's residents and visitors a more enjoyable and meaningful dining experience

 

The Administration has found that the prohibition of specials board(s) at sidewalk cafes will further reduce the proliferation of unsightly signage, which has become abundant throughout certain areas of the City, and supply more space on the City's sidewalks for pedestrian access and utilization.

CONCLUSION

The Administration recommends approving the Ordinance on First Reading.
Legislative Tracking
Office of the City Manager
Sponsor
Commissioner Mark Samuelian

ATTACHMENTS:
Description
Ordinance