HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #11359
Date: 01/13/2022
Commission Meeting Date: 01/13/2022
Type: Ordinance
Subject: Emergency Ordinance -
Coconut Grove BID - Street Cafe Permit
Budget Impact Analysis
Item is NOT funded by Bonds
City Commission
Nicole Ewan
Legislative Division
Valentin J Alvarez
Office of the City Attorney
Amber Ketterer
Office of Management and Budget
Marie Gouin
Office of the City Attorney
Barnaby L. Min
Office of the City Attorney
Victoria Mendez
Office of the Mayor
Mayor's Office
Office of the City Clerk
City Clerk's Office
Office of the City Clerk
City Clerk's Office
Requesting Department: Office of the
City Clerk
Sponsored By: Ken Russell
District Impacted: District 2
Reviewed By
Meeting
Completed
Legislative Division Review
Completed
ACA Review
Completed
Budget Review
Completed
Deputy Attorney Review
Completed
Approved Form and Correctness
Completed
Signed by the Mayor
Completed
Signed and Attested by the City Clerk
Completed
Rendered
Completed
01/13/2022 9:00 AM
01/14/2022 9:35 AM
01/14/2022 5:16 PM
01/14/2022 5:50 PM
01/14/2022 9:01 PM
01/17/2022 12:41 PM
01/24/2022 4:28 PM
01/24/2022 4:50 PM
01/24/2022 4:50 PM
City of Miami File ID: 11359 (Revision:) Printed On: 112612022
- City of Miami City Hall
Legislation 3500 Pan American Drive
Miami, FL 33133
Ordinance www.miamigov.com
Enactment Number:14044
File Number: 11359 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.
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
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
City of Miami File ID: 11359 (Revision:) Printed On: 112612022
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:
l
i na i nde� ez-�ty lAttor ey 1/1712022
' 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 File ID: 11359 (Revision:) Printed On: 112612022