Item Coversheet

Ordinances - R5  Q




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:July  17, 2019
 

First Reading

SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING PORTIONS OF THE CITY’S SIDEWALK CAFÉ ORDINANCE, AS CODIFIED IN SECTIONS 82-366 THROUGH 82-388 OF THE CITY CODE; SUCH AMENDMENTS  PROVIDING, IN PART, FOR THE CREATION OF A NEW SECTION, 82-389, ENTITLED “SIDEWALK CAFÉ CODE OF CONDUCT,” WHICH SECTION CONTAINS CERTAIN TERMS AND CONDITIONS FOR COMPLIANCE WITH A SIDEWALK CAFÉ PERMIT THAT WOULD BE SUBJECT TO ENHANCED PENALTIES FOR VIOLATION, (WHICH PENALTIES ARE SET FORTH IN SECTION 82-371(B)); FURTHER AMENDING THE SIDEWALK CAFÉ PERMIT APPLICATION REQUIREMENTS BY REQUIRING PERMITTEES TO EXECUTE AN AFFIDAVIT  EVIDENCING RECEIPT OF THE CODE OF CONDUCT, AND PERMITTEES’ AGREEMENT TO BE BOUND BY SAME; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

RECOMMENDATION

Mayor Dan Gelber has previously been the sponsor of several amendments to the City’s sidewalk café ordinance, as codified in Sections 82-366 through 82-388 of the City Code, and is presently sponsoring an amendment which, in pertinent part, creates a Sidewalk Café “Code of Conduct”, for those sidewalk cafés operating within the City. The proposed amendment also mandates that all applicants for a sidewalk café permit shall be required to execute an affidavit evidencing receipt of the Sidewalk Café Code of Conduct, and agreement to be bound by same, with any violation(s) of the Code of Conduct subject to those enhanced penalties set forth in Section 82-371(b) of the City Code.

 

The Administration recommends adoption of the ordinance on first reading by the City Commission and setting it for second reading and public hearing.

Legislative Tracking
Office of the City Manager
Sponsor
Mayor Dan Gelber

ATTACHMENTS:
Description
Code of Conduct Reso