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, ENTITLED "PUBLIC PROPERTY," ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 5, "SIDEWALK CAFES," SUBDIVISION 1, "GENERALLY," SECTION 82-382 THEREOF, ENTITLED "APPLICATION," TO AUTHORIZE A SIDEWALK CAFE PERMIT APPLICANT LOCATED IN THE AREA NORTH OF 63RD STREET AND SOUTH OF THE CITY LIMITS ON 87TH TERRACE, PROPOSING TO OPERATE A SIDEWALK CAFE, HAVING NO MORE THAN TWO (2) TABLES AND EIGHT (8) SEATS, TO SATISFY THE SITE PLAN REQUIREMENT OF SECTION 82-382(B)(6)(I) BY APPLYING FOR AND OBTAINING A SITE PLAN DESIGNED BY THE PUBLIC WORKS DEPARTMENT; TO AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO IMPOSE A FEE FOR SUCH SITE PLAN; AND TO PROVIDE THAT THE PROVISIONS OF THIS ORDINANCE SHALL ONLY APPLY TO THE OPERATION OF SIDEWALK CAFES THROUGH AND INCLUDING SEPTEMBER 30, 2020; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

The Miami Beach City Code Chapter 82 authorizes the City to charge restaurants with sidewalk cafés a $150 annual permit fee plus $20 per square foot for the café area.

At its September 19, 2013, the Finance and Citywide Projects Committee (FCWPC) recommended that the sidewalk café fees for the square footage fee on sidewalk café permits issued for locations north of 63rd Street be waived. At its October 2013 meeting, the City Commission adopted Ordinance No. 2013-3824 which waived square footage fees for sidewalk cafes north of 63rd Street.

At its September 10, 2015 meeting, the City Commission recommended moving forward with Ordinance No. 2015-3968, extending the fee waiver until September 30, 2017.

At its October 18, 2017 meeting the City Commission made a motion to abate sidewalk café fees for business located north of 63rd Street, from the effective date of Ordinance No. 2017-4144, through and including September 30, 2019.

At the FCWPC meeting on February 14, 2018, a proposed incentive program was presented for North Beach restaurants to activate the sidewalks by assisting them in obtaining a sidewalk café permit, to allow up to two tables and eight chairs to be placed in the City Right of Way.

As an incentive program, Public Works would identify an area on the sidewalk adjacent to a restaurant for the 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 plan would be produced by the Public Works Department, identifying the proposed small-scale sidewalk cafe area. This plan would cost the restaurant operator $250 and would serve as an approved plan for a period of one year or until the following permit year expires.

The area would accommodate up to two tables and eight chairs, to be brought outside from the existing indoor dining area, resulting in no net increase to the restaurant's total number of seats. In addition, the applicant be required to indemnify and hold the City harmless, and abide by all other requirements of the Sidewalk Café Ordinance, codified in Ch.82 of the City code. All other aspects of the permit process would be required including approvals by the other departments and an insurance policy that names the City of Miami Beach as an additional insured.

The FCWPC approved the recommendation to initiate an incentive program and develop the necessary Ordinance changes to allow such a program and have the Ordinance brought back to the City Commission meeting for its First Reading.

At its April 11, 2018 meeting, the City Commission read the title of the Ordinance and made a motion to adopt the Ordinance and bring it back to Commission on May 16, 2018 for a Second Reading Public Hearing.