DISCUSSION AND TAKE ACTION IF DEEMED NECESSARY REGARDING THE ADOPTION OF A RESOLUTION ESTABLISHING THE “RESTAURANT RECOVERY OUTDOOR SEATING PILOT PROGRAM,” AS SET FORTH IN EXHIBIT “A” TO PROPOSED RESOLUTION, TO TEMPORARILY ALLOW 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.

Discuss and take action if deemed necessary regarding the adoption of the attached resolution pertaining to the establishment of a Restaurant Recovery Outdoor Seating Pilot Program.

Both the County and the City have issued various Emergency Orders temporarily closing public and private facilities, including the temporary closure of all non-essential retail and commercial establishments, and the closure of all restaurants for in-person dining.  These closures have greatly limited economic activity in the City of Miami Beach, and continue to adversely impact City businesses, including restaurants. 

Executive Order 20-112 issued by Governor DeSantis on April 29, 2020 does not immediately provide for restaurants and food establishments to reopen in Miami-Dade County; however, the City Commission desires to create a regulatory framework to expand outdoor seating onto public rights-of-way and other property once the State of Florida and Miami-Dade County permit restaurants to reopen, provided that each restaurant’s then-existing total seating capacity (including indoor and outdoor seating) is not exceeded.

The path to re-opening businesses in the City must promote business operation and economic recovery while safeguarding the public’s health and safety.  Significant reductions to indoor occupancy will likely place financial strain on many restaurants in the City.  As such, it is the intent of the Mayor and City Commission to establish a 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 the Governor’s Executive Order 20-112 and any future State, County or City Emergency Order, provided that each restaurant’s then-existing total seating capacity is not exceeded.

This Program will temporarily allow 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.