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Ordinance: 13123
File Number: 09-01105
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/14/2010
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
54/ARTICLE VI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "STREETS AND SIDEWALKS/SIDEWALK CAFES," TO CLARIFY
CERTAIN STANDARDS AND CRITERIA FOR PERMITTING REQUIREMENTS AND
TO SPECIFY SPACING REQUIREMENTS FOR CLEARER PEDESTRIAN PATH
ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 54, Article VI of the Code of the City of Miami, Florida, as amended (the
"Code"), provides for regulations governing sidewalk cafes on the rights -of -ways within the City of
Miami ("City"); and
WHEREAS, to sustain the growth of an urban city, modifications are needed to ensure
sidewalk cafes provide a comfortable and safe environment for both pedestrians and sidewalk cafe
patrons; and
WHEREAS, the City Commission after careful consideration of this matter deems it advisable
and in the best interest of the general welfare of the City and its citizens to amend the Code as
hereinafter set forth;
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 adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 54/Article VI entitled "Streets and Sidewalks/Sidewalk Cafes," is amended in
the following particulars:{1}
"Chapter 54
STREETS AND SIDEWALKS
ARTICLE VI. SIDEWALK CAFES
Sec 54-221. Statement of purpose.
(1) The primary function of sidewalks is for pedestrian movement and sidewalk cafes shall not
interfere with their use.
(2) Sidewalk cafes will be ADA compliant.
(3) A safe, secure and comfortable environment will be maintained for pedestrians using the
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Public right-of-way.
(4) A sidewalk cafe shall enhance the vitality of the street environment.
(5) A sidewalk cafe shall be compatible with adjacent streetscape elements in terms of design and
r.nnstructinn
Sec. 54-224-2. 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 therefore 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 except as provided
by this article.
Sec. 54-222-3. Definitions.
As used in this article:
Cafe zones means any public sidewalk area within the city that complies with the requirements of
article VI of this chapter.
Director means the director of the department of public works.
Food establishment means an establishment serving prepared food to be consumed on or off
premises.
Permit means a grant of authority by the city to operate a sidewalk cafe, subject to compliance, as a
condition precedent to the initial issuance of such permit and any renewals thereof with all
requirements, conditions or criteria set forth in this article for the issuance and maintenance of a
sidewalk cafe permit. A permit shall be valid for a maximum of one year in duration and shall be
renewable on an annual basis upon full compliance with all application requirements.
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 the G ircarblines curb lines or the lateral lines of a
roadway and the adjacent property lines where a six (6) foot minimum clearance is available to and
intended for use by pedestrians.
Sidewalk cafe means the placing, locating, or permitting of the placing or locating of outdoor furniture
including but not limited to, chairs and tables within the sidewalk area adjacent to a business licensed
to operate as a restaurant or take-out food establishment.
Sec. 54-2234. Permit fee.
(a) The fee for an annual permit for establishing or maintaining a sidewalk cafe shall be $10.00 per
square foot of usable sidewalk area, as determined by the department of public works. Said fee shall
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be paid in full upon issuance of the annual permit or, alternatively, shall be paid on the first day of the
month ("due date") on a quarterly basis (i.e., January 1 st; April 1 st; July 1 st and October 1 st), with
each payment being 25 percent of the annual fee as determined above; the first quarterly payment
being due upon issuance of the annual permit. Payment received more than ten calendar days after
the due date shall be charged a late fee of ten percent of the payment amount due. Failure to make a
required payment within 30 calendar days of the due date shall constitute a basis for and result in
immediate license suspension.
(b) The permit fee shall be waived by the department of public works, upon the applicant's request,
for any proposed sidewalk cafe, if the waiver request is made before the sidewalk cafe permit is
issued, and the proposed sidewalk cafe site is located in a community development target area, as
defined by the city's community development department or its successor agency. Such waiver
request shall require presentation of a form letter from the community development department
evidencing that the application site is within a target area. The waiver period shall be site specific,
transferable to a new operator at the same location and shall run for one consecutive 12 -month
period following the initial permit approval for the location. Any transfer shall only be valid for the
balance of the 12 months remaining. The permit fee shall be due and payable for all subsequent
years of operation at such location. The mitigation fee described in section 35-224 of this Code is in
addition to this permit fee.
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Sec. 54-2245. 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 information:
(1) Name and address of the applicant;
(2) A copy of a valid business license to operate a restaurant or a take-out food establishment
adjacent to the sidewalk area which is the subject of the application;
(3) A copy of current liability insurance;
(4) A drawing (minimum scale of one-fourth inch equals one foot) showing the layout and
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dimensions of the existing sidewalk area and adjacent private property, proposed location, size and
number of all outdoor furniture, including but not limited to, tables, chairs, umbrellas, location of
doorways, location of trees, parking meters, bus shelters, sidewalk benches, trash receptacles,Ig are
screens, menu boards, heat lamps, fans, planters and any other sidewalk obstruction either existing
or proposed within the pedestrian area; and
(5) Photographs, drawings, or manufacturers' brochures fully describing the appearance of all
proposed tables, chairs, umbrellas, or other objects related to the sidewalk Gare cafe.
(6) Photograph of subject street right-of-way where sidewalk cafe is proposed.
(b) Applications shall be accompanied by a nonrefundable application fee of $150.00.
(c) Applications shall be reviewed by the following departments: public works; planning,
neighborhood enhancement team, risk management, and finance.
(d) Within 30 days of receipt of a completed application, 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. 54-2266. Permit requirements.
(a) No person shall establish a sidewalk cafe on any public street or sidewalk unless such person
has obtained a valid permit to operate that sidewalk cafe in such a manner pursuant to this article.
(b) Permits shall be issued only to validly licensed restaurants or food establishments, take_eut cmly
that wish to provide tables and chairs on the sidewalk(s) adjacent to their businesses for use by the
general public.
(c) In the SD -2 and SD -17 zoning districts located in Coconut Grove, as described in the zoning
atlas of zoning Ordinance No. 11000, as amended, permits shall be issued to sidewalk cafes in
conjunction with "food establishments, take -out on'"" and validly licensed restaurants, provided the
establishment provides required off-street parking at a rate of one parking space per 100 square feet
for the sidewalk cafe area or pays a mitigation fee in lieu thereof, as described in section 35-224
herein, in addition to other required off-street parking and the sidewalk cafe permit fee. For purposes
of this article, references to specific zoning districts are solely for purposes of delineating affected
geographic areas subject to this section and shall not convey any rights under zoning Ordinance No.
11000, as amended or superseded.
(d) No sidewalk cafe permit shall be issued by the city within any State Road right-of-way in the
absence of an approval from the Florida Department of Transportation.
Sec. 54-2267. Standards and criteria for application review.
The following standards and criteria shall be used in reviewing the drawing required in section
54-2245(a)(4):
(1) Sidewalk cafes are restricted to the sidewalk frontage of the licensed restaurant or food service
establishment to which the permit is issued; or within the contiguous sidewalk frontage of the building
where the licensed restaurant or food service establishment is located, provided that written approval
is supplied by the building owner and any affected lessee.
(2) Permits will not be issued where the tables and chairs would be placed within five feet of bus
stops, taxi stands, or counter service windows.
(3) No tables and chairs will be permitted within five feet of a pedestrian crosswalk.
(4) The area to be considered shall have sidewalks which are ten feet in width or greater.
(5) Sidewalk cafes shall be located in such a manner that a minimum six -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. The pedestrian path zone surrounding the
sidewalk cafe area shall not be encumbered in anv wav by the alacement of menu boards. planters.
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or bicycles affixed or leaned against the sidewalk cafe enclosure. Menu boards will be allowed within
the sidewalk cafe footprint and shall have no advertising other than the menu and restaurant
information.
(6) N-9 eObjects used to form a physical barrier around the sidewalk cafe perimeter shall be
permitted. All physical barriers shall have a two (2) foot clear path every twenty-five (25) feet. Items
placed along the perimeter of a sidewalk cafe shall not be located within street intersection visibility
triangles. Proposed material and design shall be approved by public works department. Glare
screens shall not be permanently attached to the sidewalk, shall not be more than 36" in height, and
shall be removed during non business hours. Endorsements/Advertising are not permitted on
enclosures, umbrellas, tableware, and covers, except for the name and/or logo of the restaurant.
shall be permitted around the perimeter of an area GGGUpied by tables and Ghairs whiGh would ha
the effeGt of forming a physiGal barrier diSGOUraging the free use of the tables and Ghairs by the
general p b4c
(7) 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 sympathetin and harmonious with an urban environment so as to reduce visual clutter and
enhance aesthetics. Landscape maintenance must be done on a regular basis to ensure the health of
plant materials.
(8) Awnings, umbrellas and other decorative material shall be fire retardant pressure treated, or
manufactured of fire resistive material.
(9) No portion of ,a table, ohai�brella or g any object placed in the sidewalk cafe shall
extend into the six-foot pedestrian path.
(10) In certain areas within city where streetscape enhancements have been installed changes are
not permitted to the sidewalk paving and must not be damaged by enclosures, signage, etc.
Sidewalk Cafe owner shall preserve and protect all existing trees and plantings in the public
right-of-way to the satisfaction of public works department and replace, entirely at the applicant's
expense, any trees that are damaged as a result of the sidewalk cafe. Trees shall not be used to
support wires or to place any signs, screws, nails, staple, ropes, brackets, banding or other hardware.
(11) Sidewalk Cafe furnishings and fixtures, including any required bar unit, servers' work station, or
greeting stations shall be portable and shall not be permanently attached to the wall of the abutting
building, the sidewalk, or screen. Bus stations shall not be permitted.
(12) Umbrella height must be 84" above the sidewalk (highest point of the sidewalk if not level).
(13) A greeting station can be located closer to the sidewalk, but shall remain within the confines of
the sidewalk cafe footprint and a clear path maintained for an unobstructed access to the main
entrance, and along the pedestrian clear path area.
(14) Planters may be placed within the sidewalk cafe but must be secured to ensure that they do not
move on un -level sidewalk. If planters are on wheels they must be locked.
(15) Umbrellas and screens may be embedded into sidewalk. The public works department must
approve the coring and capping method in advance and holes must be filled or capped when not in
use.
(16) Lighting is an optional item depending on the hours of operation of the establishment. Light
levels shall be low and directed towards the sidewalk cafe rather than towards the street. Lighting
must comply with established public works standards and criteria for decorative liahtina in the
right-of-way and with all applicable codes.
(17) All portions of the sidewalk cafe that are located on private property not within the public
right-of-way shall comply with City of Miami zoning regulations.
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Sec. 54-2278. Liability and insurance.
(a) Prior to the issuance of a permit, the applicant shall furnish the director with a signed statement
that the permittee shall hold harmless the city, its officers and employees and shall indemnify the city,
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 liability, food products liability, and property
damage from all claims and damage to property or bodily injury, including death, which may arise
from operations under the permit or in connection therewith. Such insurance shall provide coverage
of not less than $1,000,000.00 for bodily injury, and property damage respectively per occurrence.
Such insurance shall be without prejudice to coverage otherwise existing therein and shall name as
additional insured the city, its officers and employees, and shall further provide that the policy shall
not terminate or be cancelled prior to the completion of the permit period without 45 days' written
notice to the risk management division of the department of finance, and the director of public works
of the city at the address shown in the permit.
Sec. 54-2289. Form and conditions of permit.
The permit shall be issued on a form deemed suitable by the director. In addition to naming the
permittee and any other information deemed appropriate by the director, the permit shall contain the
following conditions:
(1) Each permit shall be effective for one year subject to annual renewal.
(2) The permit issued shall be personal to the permittee only and shall not be transferable in any
manner.
(3) The permit may be suspended by the director when necessary to clear sidewalk areas for a
"community or special event" authorized by a permit issued by the police department.
(4) The director may require the temporary removal of sidewalk cafes when street, sidewalk, or utility
repairs necessitate such action.
(5) The department of public works or the police department may immediately remove or relocate all
or parts of the sidewalk cafe in emergency situations.
(6) The city and its officers and employees shall not be responsible for sidewalk cafe components
relocated during emergencies.
(7) The permit shall be specifically limited to the area shown on the "exhibit" attached to and made
part of the permit.
(8) 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.
(9) The sidewalk cafe shall be opened for use by the general public and such use shall not be
restricted to patrons of the permittee.
(10) Permittees holding a local business tax receipt or certificate of use limited to take-out food shall
not be permitted to provide table service in the sidewalk cafe. However, this shall not relieve the
permittee of the responsibility to maintain the sidewalk cafe as required in this section.
(11) Tables, chairs, umbrellas, and any other objects provided with a sidewalk cafe shall be
maintained with a clean and attractive appearance and shall be in good repair at all times.
(12) The sidewalk area covered by the permit shall be maintained in a neat and orderly appearance
at all times and the area shall be cleared of all debris on a periodic basis during the day, and again at
the close of each business day.
(13) No advertising signs or business identification signs shall be permitted in the public right-of-way;
this shall not prohibit the use of umbrellas, glare screens, or menu boards carrying Esrpany
restaurant logotypes. Size and location of menu boards shall be approved by City.
(14) No tables and chairs nor any other parts of sidewalk cafes shall be attached, chained, or in any
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manner affixed to any tree, post, sign, or other fixtures, curb or sidewalk within or near the permitted
area. No additional outdoor seating authorized herein shall be used for calculating seating
requirements pertaining to location of, applications for, or issuance of a liquor license for any
establishment or be used as the basis for computing required seating for restaurants and dining
rooms or as grounds for claiming exemption from such requirements under the provisions of any city
ordinance or state law.
(15) The permit covers only the public sidewalk. Tables and chairs on private property will be
governed by other applicable regulations.
(16) 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.
(17) The issuance of a sidewalk cafe permit does not grant or infer vested rights to use of the
sidewalk area by the permittee. The city retains the right to deny the issuance of a permit or the
renewal of a permit.
(18) No entertainment or sound speakers shall be placed within or adjacent to the right-of-way in a
manner which causes persons to accumulate and obstruct the pedestrian path.
Sec. 54-22830. 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 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 54-227-8, or has failed to make a quarterly permit fee payment when due.
(3) Changing conditions of pedestrian or vehicular traffic cause congestion necessitating removal of
sidewalk cafe. Such decision shall be based upon findings of director that the minimum six-foot
pedestrian path is insufficient under existing circumstances and represents a danger to the health,
safety, or general welfare of pedestrians or vehicular traffic.
(4) The permittee has failed to correct violations 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) The permittee has failed to take positive actions to prohibit violations from recurring.
(6) The permittee has failed to make modifications within three days of receipt of the director's notice
of same delivered in writing to the permittee.
(7) Tables, chairs and other vestiges of said sidewalk cafe may be removed by the department of
public works, and a reasonable fee charged for labor, transportation, and storage, should the
permittee fail to remove said items within 36 hours of receipt of the director's final notice to do so for
any reason provided for under this article. If the action is taken based on subsection (a)(2) or (3) of
this section, the action shall become effective upon the receipt of such notice and the permittee shall
have four hours to remove said items.
(b) Upon denial or revocation, the director shall give notice of such action to the applicant or the
permittee in writing stating the action which has been taken and the reason thereof. If the action of
the director is based on subsection (a)(2) or (3) of this section, the action shall be effective upon
giving such notice to the permittee. Otherwise, such notice shall become effective within ten days
unless appealed to the city commission.
Sec. 54-2381. Appeals.
(a) Appeals shall be initiated within ten days of a permit denial or revocation by filing a written notice
of appeal with the city manager, and a copy of same delivered the same day to the director. Any
revocation effective immediately may also be appealed to the city commission by such filing within ten
days.
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(b) The city manager shall place the appeal on the first 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 54-22-930, pending disposition of the appeal and final decision of the city commission.
(d) A permit which has been suspended or revoked pursuant to section 54-22-930(a)(1), (2) or (4)
may be reinstated by the director of the department of public works at such time as the permittee has
demonstrated that the violation has been corrected to the satisfaction of the department of public
works.
(e) A new permit shall not be issued or an existing permit shall not be reinstated for a minimum
period of six months after said issuance or reinstatement has been denied by the director of public
works, or in the event of an appeal, by the city commission.
Sec. 54-xxx. Enforcement
Enforcement shall be as proscribed by Chapter 2, Article X, Code Enforcement, and any other
remedies as provided by law.
*11
Section 3. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance
is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and signature
of the Mayor{2}.
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicated
omitted and unchanged material.
{2} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar
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.
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