ANALYSIS:
The Miami Beach City Code Chapter 82 authorizes the City to charge restaurants with sidewalk cafés a $150.00 annual permit fee, plus $20.00 per square foot for the café area.
The City Commission has waived the per square foot charge for sidewalk cafes north of 63rd Street on numerous occasions as a tool to promote business. Most recently, at its October 18, 2017 meeting, the City Commission made a motion to abate sidewalk café fees for businesses located north of 63rd Street passing Ordinance No. 2017-4144 effective through and including September 30, 2019.
On March 9, 2016, following a discussion on whether to exempt parklets from the Citys' transportation concurrency requirements, the Mayor and City Commission voted to exempt both parklets and sidewalk cafes along Washington Avenue between 6th Street and Lincoln Road adopting Ordinance No. 2016-4003, which abates fees terminating on March 31, 2019, as a means to stimulate economic development and further activate the Washington Avenue corridor
The Administration has been tasked with considering an incentive program for North Beach restaurants to activate the sidewalks by assisting them in obtaining a sidewalk café permit. A review of the process has revealed that one of the major stumbling blocks to applying for a sidewalk café is the requirement for a formal plan satisfying the requirements of City Code.
As an incentive program, Public Works could identify an area on the sidewalk adjacent to a restaurant for a limited number of tables and chairs. This area would be marked on the pavement and be positioned to be compliant with ADA requirements, clearances associated with pedestrian uses, building egress, and other critical functional site specific requirements. A simplified plan would be produced identifying the area for filing with the application. This would serve as an approved plan for a period not to exceed one year or until the current permit year expires. The space would accommodate up to two tables and four chairs to be taken from the existing indoor dining area. To cover the cost of developing the plan, a fee of $250 would be required.
The restaurant would be able to take existing tables and chairs from within the indoor dining area and place those within the approved area of the sidewalk. No additional tables or chairs could be added to increase the seating capacity that has previously been permitted.
The restaurant would need to be in good standing with the City, have a valid BTR, grease trap installed, and a current Grease Discharge Operating Permit issued by the County. In addition, the restaurant owner would sign a hold harmless agreement or some other instrument to indemnify the City accompanied by an insurance policy that names the City of Miami Beach as an additional insured.
As an incentive program, this permit would be valid for up to 12 months or until the permit year concludes. This program will allow a restaurant an opportunity to see if outside seating is a viable option.
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