At its September 15, 2020 meeting, the Police Citizen Relations Committee (PCRC) made the following motion regarding the issuance of sidewalk cafes by the City:

(1) Expressing severe concerns regarding the City's approval of all 466 sidewalk cafe permits requested over the past three fiscal years notwithstanding the alarming findings of the Sidewalk Cafe Index Pilot Phase I, presented in LTC 170-2020, which reported recurring instances of overcharging, menu items offered with no price, and aggressive hawking.

(2) Urging the City Commission to (a) request an enhanced review of sidewalk cafe permit applications being submitted for renewal in 2020; (b) request an investigation into the sidewalk cafe permit approval and renewal process; and, (c) request findings on how the approval and renewal process can be improved to ensure the full accountability of permittees consistent with the Code of Conduct and other adopted regulations.

The sidewalk cafe permitting process starts with the Public Works Department Right of Way Division.  Staff thoroughly review the applications received by restaurant owners for the requirements as delineated by the City Code:

SIDEWALK CAFÉ APPLICATION CHECKLIST:

When applying for a  Sidewalk Cafe Permit, the following documents are required:

• Application

• Business Tax Receipt (BTR)

• Certificate of Liability Insurance (COI)

• Signed and sealed site plan (to scale)

• Grease trap permit (GDO)

• Copy of the menu

APLICATION PROCESS:

An application is completed through the Citizen Self Service (CSS) Portal (www.MBSelfservice.com).  

Once the applications are received, they are thoroughly reviewed and approved as a regular sidewalk cafe application, or more recently, as a part of the Outdoor Seating Recovery Program.  The Code Compliance Department also reviews the applications and plans for any outstanding violations or citations. Presently, the Police Department is also reviewing outdoor seating expansion applications. 

MAYOR'S OCEAN DRIVE PANEL

On October 30, 2018, Mayor Dan Gelber formed the Mayor's Panel on Ocean Drive, in order to study and address concerns regarding certain challenging and problematic conditions which are prevalent on Ocean Drive, Lummus Park and the Mixed-Use Entertainment (MXE) District, and to propose specific remedial measures to improve the resident and visitor experience in such areas.

The Panel was split amongst two (2) subcommittees: the Safety, Security and Infrastructure ("SSI") subcommittee; and the Business and Culture ("BCP") subcommittee.  Throughout the ensuing year, the SSI and BCP subcommittees met to formulate recommendations concerning areas of interest related to: marketing and brand identity, visitor experience, general security recommendations, infrastructure improvements, and cost benefit analysis.

The Mayor's Panel on Ocean Drive also made motions during their committee meetings, proposing specific action items for implementation by the City Commission, including the implementation of stricter sidewalk café regulations, introduction of a secret shopper program, and engagement of consultants to plan infrastructure improvements.

At its January 15, 2020 meeting, the City Commission adopted on Second Reading, Public Hearing, Ordinance No. 2020-4323, enhancing fines and penalty provisions as delineated in Section 82-371(b) of the City Code applicable to the Sidewalk Code of Conduct, in order to ensure that sidewalk cafés in the City are operated and maintained at the highest levels of quality and service.  The enhancements also provide for suspension and revocation penalties.  Code Compliance reports quarterly on enforcement actions associated with the Code of Conduct.  There have been a number of violations issued associated with the Code of Conduct and only a couple of sidewalk cafes that were not renewed.

Results from the 2019 Resident Survey show that 69% of resident's perception of the City with regards to overall quality of City services rated as very satisfied, satisfied.  In order to continue maintaining excellent standards in this area, the City intends to continue its practice of thoroughly reviewing and approving only those sidewalk cafe applications that meet City standards.