AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 5, "SIDEWALK CAFES," SUBDIVISION II, SECTION 82-382, ENTITLED "APPLICATION," AND SECTION 82-383, ENTITLED "PERMIT FEE; PENALTIES FOR LATE PAYMENT; REVIEW OF FEE; EXCEPTION," TO ABATE SIDEWALK CAFÉ FEES FOR BUSINESSES LOCATED NORTH OF 63RD STREET AND WASHINGTON AVENUE FROM 6TH STREET TO LINCOLN ROAD, FROM THE EFFECTIVE DATE OF THIS ORDINANCE THROUGH AND INCLUDING SEPTEMBER 30, 2021; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.

The Miami Beach City Code Chapter 82 authorizes the City to charge restaurants with sidewalk cafés a $150.00 annual permit fee, plus $25.00 per square foot for the café area. 

In 1998, pursuant to Ordinance No. 98-3146, sidewalk café fees were abated during the North Shore construction project and for a year after completion as an economic development measure. Pursuant to Ordinance No. 2000-3237 adopted on April 12, 2000, the City Commission extended the fee waiver provisions to September 30, 2001.

On February 26, 2003, the City Commission adopted Ordinance No. 2003-3397 which reinstated the fee waiver provisions subject to a two-year budget analysis and review by the Administration. Later that same year, the City Commission adopted Ordinance No. 2003-3423 on July 30, 2003 repealing the Sidewalk Café fee abatement provisions.

At the July 19, 2013 meeting, the City Commission heard Item R9P, “A Discussion To Immediately Reinstate The Fee Waiver For Sidewalk Cafes In North Beach” and approved a referral to the Finance and Citywide Projects Committee (FCWPC).  In addition, the Commission requested that a new fee abatement program be established for the square footage fee on sidewalk café permits issued for locations north of 63^rd Street. 

Since 2013, the fee waiver for cafes located north of 63^rd Street was extended for two years each, in 2015 and 2017.

Additionally, on April 16, 2016, the Mayor and City Commission adopted Ordinance No. 2016-4008, which abated sidewalk cafe permit fees for sidewalk cafes located along Washington Avenue from 6^th Street to Lincoln Road until September 30, 2019.

In line with the city’s strategic plan for prosperity, the attached ordinance extending fee waivers encourages the revitalization of North Beach and Washington Avenue cafes. To date, 32 establishments in these target areas have benefited from the fee waivers.