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HomeMy WebLinkAboutO-09848A A ,y � x s ,a ORDINANCE NO, = YS AN; ORDINANCE AMENDING CHAPTER 54 OF THE CODE 00 THE CITY CF MIAMI, PLORIDA ENTITLED "STREETS.AND,.StDEWALKS," BY ADDING A NEW � ARTICLE, VI ENTITLED "SIDEWALK CAFES" PRO- V'IDING FOR THE ESTABLISHMENT OF SIDEWALK CAFES IN THE GENERAL AREA BOUNDED BY NE/'NW 1p 5TH STREET ON THE NORTH, 91SCAYNE BOULEVARD =` ON ONTHE EAST, AND THE MIAMI RIVERTHE SOUTH AND WEST, FURTHER, PROVIDING FOR PERMITS, 5 FEES, RULES AND REGULATIONS AND APPEALS; PROVIDING FOR REVIEW; AND CONTAINING A REPEALgA. PROVISION AND A SEVERASILITY CLAUSE. WHEREAS, the Downtown Development Authority has demonstrated E a continuing interest in improving pedestrian ambiance along downtown streets; and WHEREAS, studies by professional consultants indicate a 1 shortage of dining opportunities available in the downtown area - to serve..the needs of workers and visitors. WHEREAS, the Downtown - Miami Business .,Association has expressed interest in allowing'restaurants to provide'outdoor food.services.on sidewalks within the downtown area;: and WHEREAS, the establishment of sidewalk cafes enhances the appeal:of the City.to tourists,.thereby provid'ing,,needed support to a vital. regrowth of the City 's,economy; rand- ; WHEREAS, established sidewalk cafes will be accessible to p4Q= the general public, thereby providing additional opportunity for k relaxation and. enjoyment of the unigue climate, ,which, symbolizes' South Floridal ,and ;m#; WHEREASestablishments ,., .. . experimental temporary sidewalk cafe establ shments were previously authorized by Commission Resolution 81 1072 and, Motion $3-1157 and 53-116 a- _E P �, 0 ; nd -4" WHEREAS, the establishment of the herein described sidewalk; a cafe zones are deemed to be in the beat interest of the health, � safety, and g+eneral, welfare of the citizens of Miami. - r� S` r h• N0Wj MARPOREj SM 1T ORDAINED BY THE COMMISSION OP THE CITV OP MIAMI , PLORIDA, section la Chapter 54 of the Code of the City of "MidMi is hereby amended by adding a new Article VI entitled "Sidewalk Cafes" to react as followa t 1 "ARTICLE VI. Sidewalk Cafes, Sec. 54-105, Permit Required, Operating a sidewalk cafe on City sidewalks shall be' unlawful without a permit, No person -shall conduct. business as herein defined without first obtaining 'a permit from the Director of the Department of Public Works and paying the fee therefor to the Director of Finance' or his _designee. It shall be unlawful for any person to operate a sidewalk cafe on any sidewalk within the City of Miami except as provided by this Article. Sec. 54-109, Definitions. "Cafe zones" means that area bounded by Northeast—, Northwest 5th Street on the North, Biscayne Boulevard on the East and the Miami River on the South and West`; and "Director" means the Director of the Department of i Public Works. i - "Permittee" means the recipient of a sidewalk cafe permit under the terms -and provisions of this,Article. "Sidewalk" means that portion of the street between'tbel curb lines, or, the ,lateral 1ines of , a roadway and= th`e adjacent- property lines intended 'for use by' pedestrians. "Sidewalk Cafe" means the placing, locating,' -' or. permitting, of the :placing.: or locating of chairs" and- tables within the. sidewalk area adjacent to`a business _ licensed to operateas a, restaurant;, or take-out food establishment. Sec. 54--r1109 Boundaries. Sidewalk cafes shall only be permitted within geogra- phical' areas designated. *cafe zones" by they 0ity Commission and 'set forth in' the definition' section. of this Article. Sec. 54-111. Permit Fee. The annual permit fee for est8blishing or maintaining t a sidewalk . cafe shall be- $500.00. - _ f , r Words and/or stricken through shall ¢ /o.R'grs .Mttln #�#' �d+ll�. Va scored words and/or figures shall he added. The t0-A k provieWn are now in effect and remain unchanged.:,,' Ast indicate omitted and unchanged material. t } ;� f d R24 ....a -»=.sr.-- .... :-,". ,.. :a,.;.-, ,*<.;--.-^".-,'.."-_"-!-'-_.rv,^.;;± , .rr rr^'*.-.;+•-.r.'SP`: . F�ret�nJ --- Z Sec. 94.112. permit Application. (a) application for a permit to operate a sidewalk cafe shall be made at the Department of Public � Works in a form deemed appropriate by the Director. Such application shall include, but not be limited, to the following infotM,,ation3 f (1) Name and address of the applicant; (2) A copy of a valid business license to r�perate a restaurant or a take-out food establishment adjacent to the sidewalk area which is the subject of the application. ( 3 ) A copy of a valid Certificate of Use for the building frontage adjacent to the sidewalk area which is the subject of the applica- tion; (4) A copy of current liability insurance; (5) A drawing (minimum scale 1/4th inch equals 1 foot) showing the lay -out and dimensions of the existing sidewalk area and adjacent private property, proposed location, size and number of tables, chairs, umbrellas, location of doorways, location of trees, parking t meters, bus shelters, sidewalk benches, trash receptacles, and any other sidewalk ob- struction either existing or proposed within the pedestrian area; and (6) Photographs, drawings, or manufacturers.' brochures fully describingthe appearance of all .proposed tables, chairs, umbrella3 or - other objects related to the sidewalk cafe. (b) Applications shall be accompanied by a non- refundable application fee of $ 150 which shall be credited toward the first year permit fee, should the application be approved. (c) Applications shall be reviewed by the following departments:-Public.Works; Planning; Fire, Rescue, and Inspection Services; and Finance (Licensee Division and Risk Management Division). (d ) Within 30 days of receipt of a completed.. appl"i= cation,, the Director shall issue a letter"of intent to approve or deny the permit. (e) The applicant shall provide proof of necessary insurance prior to receiving the permit. Sec. 54-1.13. Permit Requirements. (a) No person ..shall.. establish a sidewalk cafe . on ab p,uhl j street or ,: s ir�l,ewalk unless such perao hie obtained a valid permit to operate that aWe�w�k j cafe., in -such a amanner pursuant to this Arti lad (b ) Permits . shall be iusued only to validly i icenjk±o, re.steurants or take-out food, et�t liah�menta tt - w.iah to provide tables and chair on the ,+al4+�- { walk (a), acent ..to their busine644 Mr use the general. Public. Aec. 54-114, Standards and Criteria tot Application �teview. The following standards and criteria shall be used in reviewing the drawing requited in section 54-112(a)(6)i ita) Sidewalk Gates are restricted to the frontage of the licensed restaurant or food service establish rmant td which the permit is issued. 0) permits will not be issued where the tables and chairs would be placed within 5 feet of bus .stops, taxi stands, or counter= -service windows. (c) No tables and chairs will be permitted within 5 feet of a pedestrian cross -walk. (d) The area to be considered shall have sidewalks which are ten (10) feet in width or greater. (e) Sidewalk cafes shall be located in such a manner that a minimum"six (6) foot wide clear pedestrian path is maintained at all times. In areas of congested pedestrian activity the Director is authorized to require a wider pedestrian path, as circumstances dictate. (f) No objects shall be permitted around the perimeter of an area occupied by tables and chairs which would have the effect of forming a physical or visual barrier discouraging the free use of the tables and chairs by the general public. (g) Tables, chairs, umbrellas and any other objects provided with the sidewalk cafe shall be of quality design, materials, and workmanship; both to ensure the safety and convenience of� users and to enhance the visual and aesthetic quality of the urban environment. Design, materials, and colors shall be sympathetic and harmonious with an urban environment. Sec. 54-115. Liability and Insurance. Y. (a) Prior to the issuance of a permit the applicant shall furnish the Director with a signed statement that the permi.ttee shall hold -harmless the City of Miami, its officers and employees and shall indemnify the ' City of Miami;, its officers, and employees for any claims -for damages to property or injury ` to persons which ° may be occasioned by any activity carried on under the terms of the permit., (b) Permittee�shall furnish and maintain such public s F liability, food products liability, and property ` damage from all claims and damage to property -,"or bodily injury, including death, whick�ma :.arise f rom operations under the permit or in connection d therewith. Such insurance shall' provide-- Coverage ;of not less than One.- Million !Dollars ($14,0001000.00) for bodily injury, and"property ; damage respectively per occurrence* Such insurance shall be without prejudice to coverage otherwise' "existing therein : -and-- ahall '`na*e 'is additional insureds the "Ciky X*ami, ` it Qtf icers and employees,, and. shall further pr+�i�, di that -the policy shadli not terminate ore b r, _{- Po cancelled prior to the completion of the permit period without 45 days written notice to the Risk Management Division of the Department of pinancet And the Director of public Works of the City of Miami at the address shown in the permit. Sec, 54-116, Vorm and Conditions of Permit. The permit shall_. be issued on a farm deemed suitable by the Director, to addition to naming the permittee and any other information deemed appropriate by. the Director, the permit shall contain the following conditions: (a) each permit shall be effective for one year subject to annual renewal. (b) The permit issued shall be personal to the permittee only and shall not be transferable in any manner. (c) The permit may be suspended by the Director when an ordinance or resolution passed by the City Commission providing for a "Community or Special Event" shall so provide. (d) The Director may require the temporary removal of sidewalk cafes when street, sidewalk, or utility repairs necessitate such action. (e) The Department of Public Works or the Police Department may immediately remove or relocate all or parts of the sidewalk cafe in emergency situations. (f) The City of Miami and its officers and employees shall not be responsible for sidewalk cafe components relocated during emergencies. i (g) The permit shall be specifically limited to the area shown on the "Exhibit" attached to and made part of the permit. (h) The permittee shall use positive action to.assure that its use of the sidewalk in no way interferes with or embarrasses sidewalk users or limits their free unobstructed passage. (i) The sidewalk -cafe ,shall be opened for, use by, the, generalpublic and such -use,, shall not be re_,. stricted to patrons of the permittee. (ji Permittees , holding. an -occupational license .or: certificate of use limited to take --out :food. shall not be •permitted to provide table service ,in'- the: sidewalk- cafe, However, this ,shall aot. relie.veb the permittee of, the responsibility to maintain- the sidewalk cafe as ;required in this sectiono (k) Tables, chairs.. umbrellas, and any-. other objects provided with a sidewalk cafe shall be maintained with a clean and attractive apPear.ance and ahaI1; be in good repair at all times. —D l The aidawAlk area -covered. by the permit ahal� `• maintained in. a neat and or4erl appsaranra ab..:A times and. the area shall be cleared of- bri�t::; on a periodic baais duri.n the day, and - 94ih ,af the close of each busn+sas ;day.. t. r ,. FM' • 'WSir i 5 h e Sr3 V (m) No advertising signs or business identification signs shall be permitted in the public right of wayl this shall not prohibit the use of umbrellas carrying company logotypes. (n) No Tables and chairs not any other parts of sidewalk cafes shall be attached, chained, or in aty manner affixed to any tree, postr signr or other fixtures# curb or sidewalk within or near the permitted area. (o) The permit covers only the public sidewalk. Tables and chairs on private property will be governed by other applicable regulations. (p) The permittee shall notify the Director of public Works# in writing# when operation of the sidewalk cafe begins. Said notice shall be delivered to the Director within 24 hours of such commencement. Sec. 54-117. Denial, Revocation or Suspension of Permit; Removal and Storage Fees; Emergencies. (a) The Director may deny, revoke, or suspend a permit for any sidewalk cafe authorized in the City of Miami if it is found that: (1) Any necessary business or health permit has been suspended, revoked, or cancelled. (2) The permittee does not have insurance which is correct and effective in the minimum amount described in Section 54-115. (b) (3) Changing conditions of pedestrian or vehicu- lar traffic cause congestion necessitating removal of sidewalk cafe. Such decision shall h h be based upon findings of Director t at t e minimum six (6) foot pedestrian path 'is, insufficient under existing circumstances and represents a danger to the health, safety,'or 'k general welfare of pedestrians or vehicular traffic. (4) The permittee has failed to correct viola- tions of this Article or conditions of his permit within three days of receipt of the Director's notice of same delivered in writing to the permittee. �(5) Tables,, -chairs, and other vestiges; of , the ., sidewalk cafe may be removed by the Depart - went of Public Works, and a reasonable fee charged for labor, transportation, and 4 storage, should the permittee fail to remove said items within 36 hours of tece pt of Director's final notice to do s© f6r, ;any reason provided for under this Article, x Upon denial or revocation, the Director shall give notice of such action to the applicant or the permittee in writing stating- the action which Chas :; � been taken and the reason thereof_* If, the ac. i�cn � of the Director is based o 1' Sub seettoo or- ( 3 ) of this Sectiont the Cf An : e a ,l be Y effective upon giving such- notice to permittee , Otherwise, such notice shall become effective z '5a 1 G .. r �.. Lam'•?, within ten (10) days unless appealed to the City Commission. .. Sec. 54-118. Appeals. (a) Appeals shall be initiated within ten (10) days of, a permit denial or revocation by filing a written notice of appeal with the City Manager* and a dopy of same delivered the sate day to the Director. Any revocation effective immediately may also be appealed to the City Commission by such filing j within ten (10) days. (b) The City Manager shall place the appeal on the i Pikst non -Planning and Zoning City Commission } agenda for which proper notice can be given and .: shall notify the Director of Public Works thereof. At the hearing upon appeal, the City Commission shall hear and determine the appeal* and the decision of the City Commission shall be final and effective immediately. (c) The filing of a Notice of Appeal by a permittee shall not stay an order by the Director to remove a sidewalk cafe or parts thereof. Vestiges of the sidewalk cafe shall be removed immediately, as set out in Section 54-117, pending disposition of the appeal and final decision of the City Commis- sion." Section 2. This Article shall be brought before the Commission for review one year from the effective date. Section 3. All ordinances, code sections or parts { thereof in conflict herewith are hereby repealed insofar asp they Am are in conflict. ,96 f Section 4. Should any part or provision of this ,Ordi- nance be.declared b a court of competent y p jurisdiction to be r invalid, the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this loth day of �3y.�., 1984. PASSED ON SECOND AND FINAL READING BY TITLE ONLY this loth day of 1984 - June � t F EST: Maurice A. Ferre ©KAURME X. F RAH G. ONGIS CityClerk , PREPARED AND AFPROVSD ^BY: AP SEA SAS`' TO FORK O C�RRECTRas 40WW • �r A$6istant Ci.t+y'A'tti r a n _ y ity .AttOrnvy K s -w;ssI TT ., dItY 6P MIAMI. PLONIDA IN't'Rri.c`5PF1dg N+i;=MORANDUM }, Hard 11� Gary 'at6: April 24, 1984 City Manager Y6 r.''_ $JaJrCfi: Sidewalk Cafe 0rdingh6e SF. t FROM: �EKERENC�S: FW ruex, Dircto�aSe Agenda Item May 10, 19$4 Planning Department NGiosunEM , It is recommended that the attached ordinance amending Chapter 54 of the City Code be adopted, thereby permitting and regulating sidewalk cafes in the downtown and Coconut Grove business districts. Sidewalk cafes have operated on an experimental basis in downtown Miami since 1961 under a temporary Commission Resolution #81-1072. The time period was extended and the project expanded to the Coconut Grove business district by Motions 83-1157 and 83-1160 in December 1983• ' The Planning Department has chaired a sidewalk cafe study` committee of representatives from the Departments of Public Works, Law, Police, Finance, and Fire, Rescue and Inspection Services, as well as the Downtown Development Authority and Downtown Miami Business Association. This group has concluded that there have been no major problems with the sidewalk cafes } existing during the experimental period; however, there is a need for permanent legislation providing procedures and. '< regulations for permitting and enforcement of sidewalk cafes. ' On February 9, 1984, the City Commission adopted Motion 84-143: accepting in principle the recommendations of the administration fk. and the sidewalk cafe committee concerning specific 4'3 -,- , g P procedures and regulations. The attached ordinance amending Chapter 54 of the City Code is based 'upon those recommendations. -` It is requested that this item be placed on the May 10,1 19841, M•'� f..r City Commission agenda. F. SR/JAM/dr =k ATTACHMENT Wit' �; - .� .F a k-,.�..,'��..•` . ,C;' o- J 1217 cc; Joel Mexwell, Assistant City Attorney Lain Department .: George Datnpbe] 1 ., Public Works Department } Joe Genuardi Building and Zoning Division artment and Inspection Services Dep x'. Pire,: P+esaue Roy Kenzie, Executive Director Downtown Development Authority Willie Gort Downtown Miami Business Association y Herbert Breslow, Chief police Depgrtment l �n V 41 NI Suit RECEIVED 124 JUiw 22 AM 9: 11 R,A1-1"i G. Elri't?ir: RX CITY OF MIAN, FLA. MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE. Before the undersigned authority personally appeared Karen Pellom, who on oath says that she Is Assistant to the Supervisor, Legal Advertising of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the sited" copy of fit, being a Legal Advertisement of Notice in the matter of CITY of MIAMI qV ORDINANCE NO. 9484 Inthe .... X..X..X............................. Court, was published in said newspaper In the Issues of June 21, 1984 Affiant further says that the said Miami Review and Dally Record is a rweep= published at Miami In said Dade County, Florida, and that t said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Ssturdsy. Sunday and Legal Holidays) and has been entered as second class malt matter at the post office In Miami In said Dade County, Florida, for a period of one year next preceding the firs of On attached copy of advarlisernent• n urther that she has neither paid nor any person, firm or rporadon any discount, ad for publbattar nor « H lire of securing this Pam= ��w>Srrr to and subec;t;; befalls me this 21sk of —z: kq. Rh, A.0 it B4 " :.. • e �....... P 1 to of, at Laps (SEAL) '��ii,�0 • • .. • •S`��Q ``�� My Commission expin»%ie�yti�"���� NN CY commi"im #xoIf4p4F,#,qmom MR Be ENTERPRISEFUND ENTITLED MIAMI BASEBALL 17ANW PRESS BOX` REPAIRS; XYI,C.:;4 REVENUES- IN'A-,LIKE'- AMOUNT ARE AVAILABLE FROM A TRANSFER OF "3,0g.*; FROM THE ORANGE BOWL STADIUM ENTERPRISE:FUND,: AND 4247,000;FROW MIAMI STADIUM FUND., EOUITY; CONTAINING A REPEALER PROVISION AND A SIEVERABIL, ITYCLAUSE." -NO. 9M ORDINANCE t d rli • ba4�t�.�11 . _ C rj:, lit : x t ze :.i r i c q 1 t k� ,} �i tt ff , a ' t ell, {r ip�x rA50 f _k l t *OF Tw1 � Ifb tF l at Lap EAiMy Commit OP #4 94 j01 MR iC2 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMIt PLORIDA, AS AMENDED BY AMENDING ARTICLE VI THEREOF, ENTITLED "SIDEWALK CAFES" WHICH PROVIDED FOR THE ESTABLISHMENT OF SIDEWALK CAFES BY ADDING AN ADDITIONAL DEFINITION OF "CAFE ZONES" TO CODE SECTION 54-109 TO PERMIT THE ESTABLISHMENT OF SIDEWALK CAFES IN THE AREA OF COCONUT GROVE CURRENTLY DESIGNATED SPI-2 IN THE OFFICIAL ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the establishment of sidewalk cafes enhances the appeal of the City to tourists, thereby providing needed support to a vital regrowth of the City's economy; and WHEREAS, established sidewalk cafes will be WodWssible to the general public, thereby providing additkon oo r unity for relaxation and enjoyment of the unique 1a e hi h ymbolizes South Florida; and WHEREAS, merchants i cer in F of the Coconut Grove area have expressed an in ztest, inRe lishing sidewalk cafes; and WHEREAS, experimental\t were previously Nos. 83-1157 a WHEREAS, cafe zontr- ij3,% d orized 3-11fiO; and ary sidewalk cafe establishments solution No. 81-1072 and Motion el)4Aablishment of the herein described sidewalk d to be in the best interest of the health, afety, a d Ueral welfare of the citizens of Miami; OW, REFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY F MI, LORIDA. S ction 1. Chapter 54 of the Code of the City of Miam , Florida, as amended, is hereby amended in the following particulars:) 1 Words and/or figures stricken through shall be deleted. Under- scored words and/or figures shall be added. The remaining provision are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. /v /"T