Operating on public right of way is a privilege, not a right. Despite the implementation of a code of conduct (see attached), a secret shopper program, and the expansion of the City Manager's ability to pause or rescind an active sidewalk cafe permit, violations remain. In fact, these violations continue to accrue leading to bad reviews and making headlines that allude to predatory bait-and-switch practices. It is important to note that in Fiscal Year 2019-2020, the City issued over 100 sidewalk cafe permits and we are not aware of any refusals. Furthermore, the LTC issued on April 21, 2020 which highlighted the results of the secret shopper program (attached), highlighted that more than half of businesses on Ocean Drive were still engaged in hawking.  

Given that the most impactful way for the City to control these instances is in the first step - the issuance of the sidewalk cafe permit - this item aims to have a discussion on a more rigorous method concerning the issuing of these permits and ways this can be used to urge compliance.