HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Mleml, FL 33133
www.miamigov.com
File Number: 15-01482
Final Action Date:
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 ESTABLISH A
REINSPECTION FEE AND TO MODIFY THE CRITERIA SET FORTH FOR THE
ISSUANCE AND MAINTENANCE OF SIDEWALK CAFE PERMITS; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
WHEREAS, the Miami City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the City of Miami ("City") and its inhabitants to amend the Code of
the City of Miami, Florida, as amended ("City Code"), to establish a reinspection fee and to modify the
criteria set forth for the issuance and maintenance of a sidewalk cafe permit;
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 of the City Code is amended in the following particulars:{1}
"CHAPTER 54
STREETS AND SIDEWALKS
Sec. 54-223. - Definitions.
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ARTICLE VI, SIDEWALK CAFES
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Sidewalk means that portion of the street between the tie curb lines or the lateral lines of a
6eadwayparkind lane separated by curb or bollards and the adjacent property lines where a six
five-foot minimum clearance is available to and intended for use by pedestrians.
*
Sec. 54-224. - Per-rmtt feeFees and Security Deposit.
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(a) A non-refundable application fee of $175.00 and initial inspection fee of ten dollars ($10,00) shall
accompany the sidewalk cafe application.
(ab) The fee for an annual permit for establishing or maintaining a sidewalk cafe shall be $11,50 per
square foot of usable sidewalk area, as determined by the department of public works. The
sidewalk cafe permit year shall begin on October 1 and end on September 30. The fee for any
sidewalk cafe permitted during the permit year shall be prorated on a monthly basis to the end of
the current permit year. The full annual permit fee shall be due and payable on or before October
1.Said fee shall be paid in full upon -issuance � i anec of -the annual -permit or, alternati ^iy, sha 1he paid -
on tho first-d-a -of the-rnenth-("due ena guartorly b si-(i.e,, January 1-st;-Apri4-l-st Jily t-
and-Qetober 1st), with each -payment --being 25 percent-ey the -annual -fee as determined above
+ho first i i rvnriorlimont betn-g cl io i iy�(.�n_,i$suanes-of,i-t-tti�-. anr�irival-peN�-mitPayment 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 and forfeiture to any
right and interest to the security deposit or performance bond,
(c) Failed permit inspections are subject to a reinspection fee of $95.00.
(bd )
Security deposit. Upon issuance of the permit, the Permittee shall provide a security deposit or a
performance bond in an amount sufficient to secure one quarter of the permit fee. All
documentation, including the form of the security deposit and the performance bond shall be
subject to the approval of the City Attorney as to form and correctness, and the performance
bond shall be subject to review and approval of the City of Miami's ("City") Risk Manager. In the
event the Permittee fails to make an annual payment within 30 days of the date due, the
Permittee shall forfeit any right and interest to the security deposit or performance bond,
whichever may be applicable, and the entire amount of the security deposit or performance bond
shall be retained by the City or its designee. The Permitee shall have no recourse against this
retention by the City when payment by the Permittee is untimely.T-Ihe-permit fee shall -be -waived -
by -the department of -the applica;W's regues+ f r an„ nr esed-si4ewa k—eafe
if the -waiver -request is -made -before -the side, lk safe permit -is iscued. and tie -proposed
side ;,4z7affe-site-is-located--in a community devei- anent t et -area as doflnecl s-
communit r development department -or its successor-ageney,Sueeh-waiver request shal-req re-
presentatien of a form letter f nify-develepmen+ d partme evideneinq at the -
application site is --within a tar -get -area. The -waiver period shall be site specifier -transferable to a
new -operator -at the-same-ieeation-and shall r„n for „ne con tive-1-naenth period-following--
the-i-r,;',; n it approvagemho i ,, trans fen -shall -only be valid for the -balance of the-
a-2-months-rep he -per ithall-be-due-and-payable-fen ally " equ+ent-years-of
operation -at sue-Iesation - he-mitigat on fee deserih d in -section 35 22'1 of this Code is in
addition to this permit fee.
Sec. 54-225.- 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:
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(4) A current certified survey of the sidewalk area including adjacent roadway and property
lines.
(46) A drawing (minimum scale of one-fourth inch equals one foot) showing the layout and
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, glare screens, menu boards, heat lamps heaters, fans,
planters and any other sidewalk obstruction either existing or proposed within the
pedestrian area; and
(56) Photographs, drawings, or manufacturers' brochures fully describing the appearance of all
proposed tables, chairs, umbrellas, or other objects related to the sidewalk cafe.
(67) Photograph of subject street right-of-way where sidewalk cafe is proposed.
(b) 4plications shall be accompanied bpi n nenrefu4IGl ble-a lleati-en (-5.00 and an-iini-toI
+nspeotion-fee-ef-S40.00.Refer to Section 54-224(a) for required application and initial inspection
fees.
(c) Applications shall be reviewed by the following departments: public works; planning and zoning,
neighborhood enhancements team, risk management and finance. Building Department review is
required for lighting, electrical connections, fans, and heaters.
(d) Within 30 days of receipt of a completed application, the director shall issue -a ietter-et-intent
teapprove or deny the permit.
Sec. 54-226. - Permit requirements.
(c)
In the SD- and-SD-4 7 Gning-distr-iets loeated-in Coconut Grove Central Commercial District, as
described in-t-he--zoning- s-of- n+ng Ord1' se , oo: '4000, as amended; permits shall be
issued to sidewalk cafes in conjunction with "food establishments" 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 on# g districts
are solely for purposes of delineating affected geographic areas subject to this Section and shall
not convey any rights under Zor4ng Ordinance-No44-000the Miami 21 Code, the Zoning
Ordinance of the City of Miami, Florida ("Miami 21 Code"), as amended or superseded.
Sec. 54-227. - Standards and criteria for application review.
The following standards and criteria shall be used in reviewing the drawing required in Section
54-225(a)(45):
City of Miami
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(4) The area to be considered shall have sidewalks which are ten nine feet in width or greater,.
not including the curb. Subiect to written approval of the property owner, a warrant issued in
accordance with the Miami 21 Code and approval of the director of the Public Works
Department, or his designee, a portion of the required nine feet of width may be provided
on an Americans with Disabilities Act ("ADA") compliant sidewalk located on private
property abutting the right-of-way line, All regulations stated In this Article, except the permit
fee, shall be applicable to any areas of private property included in the sidewalk permit
application.
(5) Sidewalk cafes shall be located in such a manner that a minimum six five 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 any
way by the placement of menu boards, planters, 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) Objects used to form a physical barrier around the sidewalk cafe perimeter shall be
permitted. All physical barriers shall have a two -foot clear path every 25 feet and shall not
be more than 36 inches in height 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 inches 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.
(9) No portion of any object placed in the sidewalk cafe shall extend into the six five-foot
pedestrian path.
(15) Umbrellas and screens may be embedded-inte supported by a socket in the 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, fans and heaters are is an optional items depending 0-n-th-e-14eu-rs-of operatien-ef-
the-establishment Light levels shall be low and directed towards the sidewalk cafe rather
than towards the street. Lighting, fans and heaters must shall comply with established
pubite-works standards and criteria fer-deee-rative-lighting in -the -right-of-way and with all
applicable codes.
Sec. 54-228. Liability -and inouranoe, Indemnification and Insurance.
(a) Prior te-tho icouanee-of-a permitrthe-applicant shatt-furnish-th-e-droctor with -a -signed -statement -
That the penmfftee shalt-hotel-harmtess-the-eityrits-officers and employees andi-shatkineternr4fy-t-no-
eity4ts officers and-om-pleyse-s-for-any-otaim-s-fer-damages to pFoperty or injury-te-per-seas-whloh-
may-be-occasioned-b-earried-ort-under—the-terms of-the-pormt
(a) Applicant agrees to indemnify, defend, and hold harmless the City, its officials, employees,
agents, and, if applicable, its instrumentalities, and each of them from, and against all loss, cost,
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(b)
penalties, fines damages, claims of any nature, including expenses and attorney's fees, and any
and all liabilities by reason of injury to, or death of any person, or damage to, or destruction, or
loss to any property including the City, its instrumentalities, its officials, employees, and agents
arising out of, or in connection with the performance, or nonperformance of the services
contemplated by this permit/agreement which is directly or indirectly caused, in whole, or in part,
by any act, omission, default, liability, or negligence whether active, or passive of the Applicant
its employees, agents, servants, or contractors, unless such act or omission is solely caused by
the City, its instrumentalities, officials, employees, and agents. The Applicant further agrees to
indemnify, defend, and hold harmless the City, its instrumentalities, its officials, employees, and
agents against all liabilities which may be asserted by an employee, or former employee of the
Applicant, or any of its contractors as provided above, for which the Applicant's liability to such
employee or former employee would otherwise be limited to payments under workers`
compensation or similar laws. In addition, the Applicant understands and agrees that except
where caused by the negligence or misconduct of the City, its instrumentalities, its officials,
employees or agents, the City shall not be liable for any loss, injury, or damage to any personal
property, or equipment of the Applicant, its employees, agents, contractors'or business licensees
or invitees placed on City property, and its instrumentalities, and shall be at the risk of the
Applicant thereof. The indemnification shall survive termination of this permit/agreement.
Perrnittee-dal fu h-and maintain-suoh--pubfic-I+ab+lity, food pred-uets--liability, and proper -tom
der age -from- ttola►ms-and-dar -er-bodily—injur tneiu ar ,� aea Qohich--may-arise
from operations under the por-rni-t-or in connection therewi-ti Sueh ins-twanc-e- hall provide
Gave rago of not -less -than ,00Q1;091 9O-fsr-bodily injury, and pr-eper-ty damn-T & ectavelyy-perms
ocsarr-ence, e"n„ourance shall be without -prejudice -to -coverage otherw-ise-exry 4h��e ei —and-
ehau-n �'�, ►-d the -city -its -office --shall further provide -
that the policy shall not terminate-or-ba cancelled prior to the complotion of the-permit-peried-
without /15 days` written notice-to-the-r-t man, , agoment--d-ivisiorr-ef- he -department anee and--
the director of-ubi+o-wer-ks-of-thy ^ ty a the acldress- hown-in-trio permit-
(b) Applicant shall furnish the City with a certificate of insurance substantially in accordance to the
insurance requirements contained in Exhibit A, available at the Public Works Department, It is
understood and agreed that all coverage provided by the Applicant shall be primary and
non-contributory, and its insurance shall have no right of recovery or subrogation against the City
and if applicable, any of its instrumentalities, Tiie Department of Public Works may modifythe
insurance requirements, if warranted.
Sec. 54-229. - 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 (1) year, starting October lst and ending September
30th, subject to annual renewal. Fees for the initial year shall be prorated on a monthly
basis. Permits are subject to annual renewals and applications shall be received by the
department prior to October 1st.
(15) Except as provided in Section 54-227, Tthe permit covers only the public sidewalk. Tables
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and chairs on private property will be governed by other applicable regulations. The permit
shall include all requirements for sidewalks cafes set forth in in Article VI of this Code.
* *
(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.
Entertainment and sound speakers shall comply with the Cityis noise regulations.
Sec. 54-230. 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:
(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 slxfive-foot pedestrian path is insufficient under existing circumstances and
represents a danger to the health, safety, or general welfare of pedestrians or vehicular
traffic.
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*II
Section 3. If any section, part of a section, paragraph, clause, phrase or word of the Ordinance is
declared invalid, the remaining provisions of this •Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and adoption
ereof.{2}
PRO DASTOFMA ECe CTNESS:
ICTORI MENDEZ A74
CITY ATTORNEY
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 indicate
omitted and unchanged material,
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) 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 or upon the
effective date stated herein, whichever is later.
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