HomeMy WebLinkAboutO-13968City of Miami
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Legislation
Ordinance: 13968
File Number: 8498
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/25/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION WAIVING THE
SIDEWALK CAFE FEES SET FORTH IN CHAPTER 54/ARTICLE
VI/SUBSECTIONS 54-224(B) AND (D) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "STREETS AND
SIDEWALKS/SIDEWALK CAFES/FEES AND SECURITY DEPOSIT";
SPECIFICALLY WAIVING SIDEWALK CAFE PERMIT FEES ASSESSED
UNDER SECTION 54-224(B) OF THE CITY CODE AND THE SECURITY
DEPOSIT ASSESSED UNDER SECTION 54-224(D) OF THE CITY CODE
DURING THE REMAINDER OF THE NOVEL CORONAVIRUS ("COVID-19")
PANDEMIC FOR WHICH A STATE OF LOCAL EMERGENCY WAS
DECLARED BY MAYOR FRANCIS X. SUAREZ ON MARCH 12, 2020 UNTIL
THE TERMINATION OF THE CITY'S COVID-19 RESTAURANT RECOVERY
PROGRAM ("PROGRAM") AS ORIGINALLY AUTHORIZED BY RESOLUTION
NO. R-20-0156 ADOPTED ON MAY 14, 2020 AND SUBSEQUENTLY
EXTENDED BY THE CITY COMMISSION; PROVIDING FOR A CREDIT OF
THOSE SIDEWALK CAFE PERMIT FEES ALREADY PAID DURING THE
PENDENCY OF THE PROGRAM TO BE CREDITED IN FISCAL YEAR 2021-
2022E PROVIDING FOR A SUNSET PROVISION; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
SPONSOR(S): Commissioner Ken Russell, Commissioner Joe Carollo,
Commissioner Manolo Reyes
WHEREAS, under the provisions of law and Sections 252.31 - 252.60, Florida Statutes,
Mayor Francis X. Suarez ("Mayor") of the City of Miami ("City") declared on March 12, 2020 that
a State of Local Emergency existed within the City in response to the Novel Coronavirus
("COVID-19") pandemic; and
WHEREAS, in accordance with the provisions of Section 252.38(3)(a), Florida Statutes,
the Mayor has extended the State of Local Emergency for additional seven (7) day periods; and
WHEREAS, on May 14, 2020, the City Commission adopted Resolution No. R-20-0156
to assist businesses negatively affected by the COVID-19 pandemic by authorizing the City
Manager to identify feasible portions of City rights -of -way that may be repurposed for pedestrian
and sidewalk cafe usage and to take any and all steps necessary to effectuate such repurposing
until August 20, 2020 ("COVID-19 Restaurant Recovery Program"); and
WHEREAS, on July 23, 2020, the City Commission adopted Resolution No. R-20-0231,
which extended the COVID-19 Restaurant Recovery Program until January 31, 2021; and
City of Miami Page 1 of 3 File ID: 8498 (Revision: A) Printed On: 3/9/2021
File ID: 8498 Enactment Number: 13968
WHEREAS, on January 15, 2021, the City Commission adopted Resolution No. R-21-
0021, which extended the COVID-19 Restaurant Recovery Program until September 30, 2021;
and
WHEREAS, the COVID-19 Restaurant Recovery Program has been implemented
without requiring fees for the use of the right-of-way as is normally required for sidewalk cafes
permitted by Chapter 54 of the Code of the City of Miami, Florida, as amended ("City Code");
and
WHEREAS, during the pendency of the COVID-19 Restaurant Recovery Program,
sidewalk cafe permit holders have been required, by City Code, to continue to pay such fees;
and
WHEREAS, the City Commission wishes to treat all permittees similarly and waive
sidewalk cafe permit fees during the remainder of the COVID-19 Restaurant Recovery Program
as well as provide for a credit to those sidewalk cafe permittees who have paid such fees during
the COVID-19 Restaurant Recovery Program with such credit applying to such sidewalk cafe
fees in the upcoming 2021-2022 Fiscal Year; and
WHEREAS, the City Commission finds that the adoption of this Ordinance waiving and
providing for a credit towards sidewalk cafe permit fees for sidewalk cafes during the remainder
of the COVID-19 Restaurant Recovery Program promotes the health, safety, general welfare,
and economic well-being of the City and all persons residing therein; and
WHEREAS, this Ordinance waives the payment of the fee for an annual permit for
establishing or maintaining a sidewalk cafe which is $11.50 per square foot of usable sidewalk
as determined by the Department of Resilience and Public Works as set forth in Section 54-
224(b) of the City Code and the security deposit assessed under Section 54-224(d) of the City
Code; and
WHEREAS, this Ordinance does not waive the non-refundable application fee of
$175.00; the initial inspection fee of $10.00 that accompanies the sidewalk cafe permit
application; or the failed permit inspection fee set forth in Sections 54-224(a) and (c) of the City
Code nor does it waive payment of the Business Tax Receipts ("BTR"); payment of the
Certificates of Use ("CU") fees; or similar requirements, inspections, or fees;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The annual permit fee of $11.50 per square foot of usable sidewalk space for
sidewalk cafes required by Section 54-224(b) of the City Code and the security deposit required
by Section 54-224(d) of the City Code are hereby waived for all sidewalk cafes in the City.
Section 3. The waiver period for sidewalk cafes, as described in Section 2 above, shall
be for the remainder of the COVID-19 Restaurant Recovery Program.
Section 4. This Ordinance does not waive sidewalk cafe fees imposed by Section 54-
224(a) of the City Code, the non-refundable application fee of $175.00 and the initial inspection
fee of $10.00, the sidewalk cafe fees imposed by Section 54-224(c) of the City Code, the failed
City of Miami Page 2 of 3 File ID: 8498 (Revision: A) Printed on: 3/9/2021
File ID: 8498
Enactment Number: 13968
permit inspection fee, or any other fees including but not limited to payment of the BTR,
payment of the CU, any related inspections, or any similar requirements or fees.
Section 5. The credit granted to a sidewalk cafe permittee pursuant to this Ordinance
shall be for 2021-2022 Fiscal Year and is limited to those fees imposed by Sections 54-224(b)
and Section 54-224(d) of the City Code.
Section 6. This Ordinance will shall automatically sunset upon the termination of the
COVID-19 Restaurant Recovery Program. At such time, all fees for sidewalk cafe permits shall
be due and owing unless a credit as authorized by this Ordinance applies.
Section 7. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 8. This Ordinance shall become effective immediately upon adoption and
signature by the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, City Attor iey 1/19/2021
1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 3 of 3 File ID: 8498 (Revision: A) Printed on: 31912021