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Home My WebLink AboutM-84-01430 *O Howard J. Gary City Manager CITY OF MIAMI, FLORIDA ' INTER -OFFICE MEMORANDUM DATE February 2, 1984 'ILE i 1, BJEG" . �(, '`-'.�!- - ,i�fes Walter L. Pierce /` �,''%='�� FROM REFERENCES: Assistant City Mbnager (Acting) February 9, 1984 ENCLOSURES City Commission Agenda `.,e a:t ohed mer►orandum fr.,., Cer;io Rodriguez, Jiroct�r of Planning, transmits to you a proposed outline of policy and regulations for sidewalri cafes that would, upon approval of appropriate legislation, become a part oi% Chapter 34 :)f the City of Miami Code. At best the proposal represents a ::oncensus of opinion of City staff and representatives of the Downtown Development Authority (DDA) and the Downtown Miami Business Association (DMBA). I have reviewed the proposed guidelines and am in general agreement therewith. However, it is my opinion that several additional factors need to be considered prior to action being taken by the City Commission. 1. These guidelines contain no reference to a minimum sidewalk width requisite for cafe placement, except to leave such to the discretion of the Public Works Department. A minimum width criterion is necessary in my opinion to insure even handed application of the regulations and that the public sidewalks will continue to serve their designated role, that is, the ability of pedestrians to safely and conveniently traverse along public streets. Sidewalk cafes should not be allowed to subordinate this primary purpose and to accomplish this, no sidewalk less then ten (10) feet in width should be eligible for consideration and a minimum six (6) foot wide pedestrian path maintained at all times. 2. The guidelines do not address the type of serviceware (china, flatware and beverage containers) that would be permitted. It is noted that the City Commission recently passed on second reading an ordinance that prohibits glass containers at certain outdoor events. Similar consideration should be given sidewalk cafes. Moriow 84-143 0 0 rioward `l. teary Page :wo �. An additional but important factor is whether State st=tutes afi� y or:in3n:es .reC,i: t:1e r e -- e C right-of-way for other than exclusively public purposes. In a meeting on February 1 concerning r 2' t � 1,;: ti' Z�. . 1SSUe was raised by representatives from the State De11 prtment of ;ransoortation and the fade County Deparcm en.: �: Pub1i: ,dons. additional research in this :r,='3 -ani ds::Ussions wi :7 t1e '_aw D e p g r tmen %i'__ �y CJ^1!T11J$Ion _ppr:1es ,..'les -,.j e__.._s .J, n a Jr ova Stiouil lie e:{plicitly granted to 1 ..1 ana recognition of other existing regulations. 4. An additional criterion I feel should be c,DnsJLderei is that tables and chairs should not be parnittied to be placed in such a manner that service personnel !waiters, bustoys, will have to cross pedestrian paths in order to assist and serve patrons. 5. Very strong language should be adopted making it absolutely clear that sidewalk cafe operators have no right or authority to prevent non -customer usage of tables and chairs. 6. In addition to requiring removal of tables ana chairs for temporary activities, removal at the close of business daily should also be mandated. 7. Although the removal of debris at the close of business would be required, this requirement should be strengthened to require periodic debris removal throughout the business day so that the sidewalks are continuously clean, neat and orderly. 84-IL43 0 0 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM -o Howard V. Gary OATE February 1, 1984 VILE City Manager sua;ec- Jrdewalk Cafes VROM REFERENCES r c.;'criguez, Director ,wiP�],,�xth g"Department �� ENCLOSURES. e : i3r::��n�; Deuartslent recommends the attached outline of policy and reQuiatiens for sidewalk cafes to be used as the framework or drafting an ur;I.Lnance sm_nding chapter 54 of the City Code. This outline was refired and agreed upon by all persons present at a meeting on January 30, 1984, including representatives from the Public Works Department, Finance Dep-�,Ttment, Fire, Rescue and inspection Services, Downtown Development Authority and Downtown Miami Business Association. The Police Department and Solid Waste Department were contacted during earlier discussions and reported no significant problems with the existing sidewalk cafes or the concept as generally outlined. It is recommended that the sidewalk cafe ordinance be initially applied on a trial basis only to those areas where cafes are currently ib existence, i.e., the downtown (CBD-1 and SPI-6 zoning districts) and Coconut Grove (SPI-2 zoning district). If successful, the sidewalk cafe program could be considered for expansion into other commercial districts throughout the City, for example, Brickell, Design Plaza, Latin Quarter, Overtown, Martin Luther King Boulevard, Little River, etc. SR: JAM: dr ATTACHMENT K 84-143 i 0 Sidewalk Cafes Recommended Outline of Policy and Regulations Procedures: Sidewalk cafes shall be allowed through a special per, -.,it to ce issued by the Public Works Department. Such permits shall have the following uontli.tions: 1. effective for one year, to be renewed annually. �. permit fee to cover administrative costs and cozitribut. tc� security and maintenance costs tt:e general area. 3. $1 million liability Lnsurance naming the City as co-insured plus an agreement indecinifyi-ng the City from all liability. 4. Contiuous daily maintenance of the area by the permittee. 5. mandatory removal of tables and chairs for temporary activities such as utility repair or special events. G. permit revokable upon failure to comply with reasonable notice of violation, tables and chairs may be confiscated. . Applications for a sidewalk cafe permit shall be accompanied by: 1) a non- refundable application fee, which shall be credited toward the permit fee, if approved; 2) copy of a valid business license for a restaurant or take out food establishment; 3) copy of a valid certificate of use for the adjacent building frontage; 4) copy of current liability insurance, 5) a plan (not less than 1/4" = l') showing the layout and dimensions of the existing sidewalk area and adjacent private property, proposed location, size and number of tables, chairs, umbrellas and all other existing and proposed objects within the pedestrian area; and 6) photographs, drawings, or manufacturer's brochure fully describing the appearance of all proposed tables, Page 1 of 3 84'-143 chairs, umbrellas, signs, or other objects. The layout and design must be approved by the Planning, Department, as well as Z�ublic Wu ks. Applications shall be reviewed by the following departments: Public Works, Planning, Fire, Rescue, and Inspection Services, and Finance (License Division and Risk Management Division). Within 30 days of receipt o3 completed application, Public Works shall issue a letter cf intent to appzove or deny the permit. The applicant shall supply the necessary insurance prior to receiving the perTii'_. Minimum Standards: Permits are to be issued only to food service establishipents who wish to provide tables and chairs on the sidewalk in front of their businesses for use by the general public. Permits are restricted to the frontage of the establishment. Permits will not be issued where the tables and chairs will be placed within 5 feet of bus -stops, taxi stands, or pedestrian cross -walks. . No tables and chairs will be permitted adjacent to counter service windows. Table and chair size and placement will be subject to prior approval of the Planning and Public Works Departments based on the provision of adequate pedestrian walking space. The sidewalk area covered by the permit shall be maintained in a neat and olderly appearance at all times and the area shall be cleared of all debris at the close of business. The permit covers only the public sidewalk. Tables and chairs on private property will be governed by other applicable regulations. Page 2 of 3 84-143 . No objects shall be permitted to be placed around the perimeter of an area occupied by tables and chairs which would have the affect of forming a physical cr visual barrier discouraging ii �C Li SE: 0i the tables and chairs by the general public. Table service shall bbe iermitted only by establishments having a valid restaurant license. �jo a6vertiai_,g si_ cr :U _::eJJ i eati4-'i- cjticn 5i :s shall -e _, ,ittec in the public right-cf-way. Page 3 of 3 84--143