| | | | | | | |  | Ordinances - R5 C
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Raul J. Aguila, City Attorney | | | DATE: | December 4, 2020 | | | | 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, FLORIDA, 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 82-371 THEREOF, ENTITLED “CIVIL FINES AND PENALTIES; DENIAL OF FUTURE PERMITS TO REPEAT VIOLATORS; ENHANCED PENALTIES,” BY SETTING FORTH ADDITIONAL ENHANCED PENALTIES TO BE IMPOSED FOR VIOLATIONS OF THE SIDEWALK CAFÉ CODE OF CONDUCT; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| Pursuant to the request of Mayor Dan Gelber, the attached Ordinance has been placed on the December 4, 2020 City Commission meeting agenda for First Reading. The Ordinance amends the enhanced penalty provisions for violations of the Sidewalk Café Code of Conduct.
Specifically, the Ordinance amends City Code Sec. 82-371 to provide that, upon a second violation of the Code of Conduct within the preceding 12 months, a permittee shall cease all sidewalk café business operations at midnight each day, until the city manager approves an operation plan, which the permittee shall submit detailing how such violation(s) will be corrected.
Upon a third violation within the preceding 12 months, the permittee shall cease all sidewalk café business operations at 10:00 p.m. each day, until the city manager approves an operation plan, which the permittee shall submit detailing how such violation(s) will be corrected.
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | No | | No | |
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| | | | | | | | Legislative Tracking
Office of the City Attorney |
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| | | | | | | | Sponsor
Mayor Dan Gelber and Co-sponsored by Commissioner Mark Samuelian |
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