HomeMy WebLinkAboutAgenda Item Summary Form* IXEOAP OAALfX H
AGENDA ITEM SUMMARY FORM
File ID: #8027
Date: 10/08/2020
Commission Meeting Date: 10/08/2020
Requesting Department: City Commission
Sponsored By: Alex Diaz de la Portilla
District Impacted:
Type: Resolution
Subject: Permit Restaurants in the City of Miami to Operate at 100% Capacity
Budget Impact Analysis
Total Fiscal Impact:
Reviewed By
City Commission
Nicole Ewan
Meeting
Completed
10/08/2020 9:00 AM
Legislative Division
Valentin J Alvarez
Legislative Division Review
Completed
10/09/2020 10:15 AM
Office of the City Attorney
George Wysong
ACA Review
Completed
10/13/2020 4:08 PM
Office of Management and Budget
Christopher M Rose
Budget Review
Completed
10/13/2020 4:38 PM
Office of the City Attorney
Barnaby L. Min
Deputy Attorney Review
Completed
10/13/2020 5:47 PM
Office of the City Attorney
Victoria Mendez
Approved Form and Correctness
Completed
10/13/2020 5:53 PM
Office of the City Clerk
City Clerk's Office
Rendered
Completed
10/14/2020 7:16 PM
City of Miami
Legislation
Resolution
Enactment Number: R-20-0323
File Number: 8027
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:10/8/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
MANAGER TO PERMIT RESTAURANTS, EXCLUDING BARS, TAVERNS, BEER
HOUSES, NIGHTCLUBS, STRIP CLUBS, AND OTHER ADULT ENTERTAINMENT
ESTABLISHMENTS, IN THE CITY OF MIAMI (COLLECTIVELY, "RESTAURANT") TO
OPERATE AT ONE HUNDRED PERCENT (100%) CAPACITY IN ACCORDANCE
WITH EMERGENCY ORDER 20-244 ISSUED BY GOVERNOR RON DESANTIS ON
SEPTEMBER 25, 2020 IF THE RESTAURANT ENSURES SIX (6) FEET OF
DISTANCE BETWEEN PATRONS AT TABLES, ENSURES THAT NO MORE THAN
TEN (10) PERSONS SIT AT A TABLE, AND ENSURES THAT PERSONS NOT
ACTIVELY EATING OR DRINKING ARE FACIAL COVERINGS.
WHEREAS, on March 9, 2020, the Governor Ron DeSantis ("DeSantis") of the State of
Florida ("State") issued Executive Order No. 20-52 declaring a State of Emergency for the State
related to the Novel Coronavirus ("COVI D-1 9"); and
WHEREAS, on September 25, 2020, DeSantis issued Emergency Order 20-244 that
ordered the suspension of the collection of fines and penalties associated with COVID-19
enforcements upon individuals; and
WHEREAS, DeSantis found that the State has suffered economic harm as a result of
COVID19-related closures, exacerbating the impacts of the State of Emergency, and that
Floridians should not be prohibited by local governments from working or operating a business;
and
WHEREAS, notwithstanding DeSantis' clear intention to bring normalcy to the State and
resume operations of restaurants, Miami -Dade County ("County") Mayor Carlos Gimenez, on
September 26, 2020, issued County Local Emergency Order 30-20 ignoring DeSantis' call to
reopen restaurants without restrictions; and
WHEREAS, County Emergency Order 30-20 does not, on its face, adequately satisfy the
requirements in Executive Order 20-244 relating to restaurants operating at less than one
hundred percent (100%) capacity and is consequently unenforceable; and
WHEREAS, the City Commission finds restaurants have disproportionately suffered
economic harm as a result of COVID-19 related closures and limitations and should be
permitted to open based on the State entering Phase 3 of its recovery; and
WHEREAS, pursuant to Section 2-33(f) of the Code of the City of Miami, Florida, as
amended, the City Commission deems this Resolution to be of an emergency nature;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby directs the City Manager to permit restaurants
in the City to operate at one hundred percent (100%) capacity in accordance with Emergency
Order 20-244 issued by DeSantis on September 25, 2020 if the restaurant ensures six (6) feet
of distance between patrons at tables, ensures that no more than ten (10) persons sit at a table,
and ensures that persons not actively eating or drinking are wearing facial coverings.
Section 3. Notwithstanding all of the above in this Resolution, bars, taverns, beer
houses, nightclubs, strip clubs, and other adult entertainment establishments are not included
and shall continue to be covered by County Local Emergency Order 30-20.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i : nde` z, Ciry Attor iey 10/13/2020
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.