A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE DURATION OF THE “RESTAURANT RECOVERY OUTDOOR SEATING PILOT PROGRAM,” AS ESTABLISHED BY RESOLUTION NO. 2020-31276, THROUGH DECEMBER 31, 2020, WHICH PROGRAM TEMPORARILY ALLOWS RESTAURANTS TO EXPAND SIDEWALK CAFÉ SEATING AREAS ONTO PUBLIC RIGHTS-OF-WAY, OR OTHER OUTDOOR SEATING AREAS ON PRIVATE PROPERTY, VIA SPECIAL EVENT PERMITS ISSUED PURSUANT TO SECTION 12-5 OF THE CITY CODE, WITH ANY SUCH PERMITS SUBJECT TO EACH RESTAURANT OPERATOR’S COMPLIANCE WITH (1) APPLICABLE PROVISIONS OF THE CITY’S SIDEWALK CAFÉ ORDINANCE, AS SET FORTH IN CHAPTER 82, ARTICLE IV, DIVISION 5 OF THE CITY CODE; AND (2) SOCIAL DISTANCING AND SANITATION REQUIREMENTS OR GUIDELINES IMPOSED BY THE STATE OF FLORIDA, MIAMI-DADE COUNTY, AND  CITY OF MIAMI BEACH UNDER ANY APPLICABLE EMERGENCY ORDER.

The Administration recommends approving the Resolution.

On March 11, 2020, the World Health Organization declared the rapidly spreading novel coronavirus ("COVID- 19") a pandemic, acknowledging what seemed clear - the virus would likely spread to all countries on the globe. 

The rate of infection throughout the world and in the US accelerated rapidly, grinding most markets and businesses around the globe to a halt.  In order to limit the spread of the novel coronavirus ("COVID- 19"), subsequently, both Miami-Dade County and the City issued various Emergency Orders temporarily closing public and private facilities, including the temporary closure of all nonessential retail and commercial establishments and the closure of all restaurants for in person dining.  The foregoing closures had greatly limited economic activity in the City of Miami Beach and continued to adversely impact City businesses, including restaurants. 

On May 13, 2020, the City Commission adopted Resolution No. 2020-31276, establishing the Restaurant Recovery Outdoor Seating Pilot Program (the “Program”) to create opportunities for restaurants to expand their footprint to mitigate the loss of seating associated with implementing social distancing requirements, in compliance with all applicable State, County, and City Emergency Orders, provided that each restaurant’s then existing total seating capacity is not exceeded.

The Program temporarily allows restaurants to expand sidewalk café seating areas onto public rights-of-way or other outdoor seating areas on private property, subject to the Administration’s review and approval of the proposed site plan for the expanded area(s) to ensure all public safety and public access issues are appropriately addressed and further subject to the restaurant operator’s compliance with (1) applicable provisions of the Sidewalk Café Ordinance (set forth in Chapter 82, Article IV, Division 5 of the City Code); and (2) social distancing and sanitation guidelines or requirements imposed by the State of Florida, Miami-Dade County, and City of Miami Beach in any emergency order issued to prevent the further spread of COVID-19.

Pursuant to Resolution 2020-31276, the Program is set to expire on September 30, 2020.  The Mayor and City Commission now desire to extend the duration of the Program through December 31, 2020.  The terms of the Program are set forth in Exhibit “A” to the Resolution.

The Administration recommends approving the Resolution.