HomeMy WebLinkAboutO-14044City of Miami
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Legislation
Ordinance: 14044
File Number: 11359
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/13/2022
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, BY A
FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, TEMPORARILY WAIVING A
PORTION OF SECTION 54-226(F) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TO ALLOW FOOD ESTABLISHMENTS LOCATED IN
THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT TO BE
ELIGIBLE TO RECEIVE A STREET CAFE PERMIT; PROVIDING FOR AN
EXPIRATION DATE; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Ken Russell
WHEREAS, on November 18, 2021, the City Commission adopted Ordinance No. 14035
amending the Code of the City of Miami, Florida, as amended ("City Code"), to allow Street
Cafes with certain requirements and criteria; and
WHEREAS, Ordinance No. 14035 included Section 54-226(f), which states that "[n]o
Food Establishment located in the Coconut Grove Business Improvement District or Midtown
Community Development District shall be eligible to receive a Street Cafe permit"; and
WHEREAS, at the time of the adoption of Ordinance No. 14035, the number of Novel
Coronavirus ("COVID-19") cases was low; and
WHEREAS, since the passage of Ordinance No. 14035, there has been a sharp
increase in the number of COVID-19 cases throughout Miami -Dade County; and
WHEREAS, in order to protect the health, welfare, and safety of the residents of the City
of Miami ("City"), the City Commission finds it necessary to temporarily waive a portion of
Section 54-226(f) of the City Code for a period of ninety (90) days to allow Street Cafe permits
on the public right of way within the Coconut Grove Business Improvement District; and
WHEREAS, pursuant to Section 2-33(f) of the City Code and Section 166.041(3)(b),
Florida Statutes, the City Commission, by a four -fifths (4/5ths) affirmative vote, finds that this
emergency Ordinance is necessary on the grounds of an urgent need for the continuity of
services for City residents and for the preservation of health, safety, welfare, and property of the
public;
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 emergency
Ordinance are adopted and incorporated as if fully set forth in this Section.
Section 2. By a four -fifths (4/5ths) affirmative vote, the City Commission hereby
temporarily waives a portion of Section 54-226(f) of the City Code to allow food establishments
City of Miami Page 1 of 2 File ID: 11359 (Revision:) Printed On: 112612022
File ID: 11359
Enactment Number: 14044
located in the Coconut Grove Business Improvement District to be eligible to receive a Street
Cafe permit for a period of ninety (90) days from adoption of this emergency Ordinance. Any
Street Cafe permits issued pursuant to this temporary waiver shall expire ninety (90) days from
adoption of this emergency Ordinance unless the waiver is extended by the City Commission.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
emergency Ordinance is declared invalid, the remaining provisions of this emergency Ordinance
shall not be affected.
Section 4. This emergency Ordinance shall become effective immediately after final
reading and adoption thereof.'
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, ity Attor ey 111712022
' 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 2 of 2 File ID: 11359 (Revision:) Printed on: 112612022