A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY MANAGER TO SUSPEND OR PRORATE ANNUAL SIDEWALK CAFÉ PERMIT FEES FOR THE PERIOD OF TIME COMMENCING ON OCTOBER 1, 2020, THROUGH AND INCLUDING DECEMBER 31, 2020, PURSUANT TO CITY CODE SECTION 82-383(B) AND THE CITY’S DECLARATION OF A STATE OF EMERGENCY, DATED MARCH 12, 2020, IN RESPONSE TO THE COVID-19 PANDEMIC.

City Code Section 82-383(b) provides that the City Manager may, “in his reasonable discretion and judgment, . . . suspend or prorate the annual permit fee in cases of public construction or public emergency situations”

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 measures have greatly limited economic activity in the City of Miami Beach and continue to adversely impact City businesses, including restaurants.  The path to re-opening businesses in the City must promote business operation and economic recovery while safeguarding the public’s health and safety.

Several months of business closures and significant reductions to indoor occupancy have placed severe financial strain on many restaurants in the City.

On May 13, 2020, in connection with a Discussion item sponsored by Commissioner Meiner regarding sidewalk cafe permit fees, the Mayor and City Commission adopted After-the-Fact Resolution No. 2020-31275, directing the City Manager to suspend or prorate annual sidewalk café permit fees through September 30, 2020, pursuant to City Code Section 82-383(b) and the City’s Declaration of a State of Emergency, dated March 12, 2020, in response to the COVID-19 pandemic.

In an effort to mitigate the catastrophic economic impacts of the COVID-19 pandemic on the City’s restaurants, the Mayor and City Commission now desire to authorize the City Manager to suspend or prorate annual sidewalk café permit fees for the period of time commencing on October 1, 2020, through and including December 31, 2020.