HomeMy WebLinkAboutLegislation SR (v2) 01-14-016City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, 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
ARTICLE VI. SIDEWALK CAFES
k * * *
Sec. 54-223. - Definitions.
Sidewalk means that portion of the street between the li-o curb lines or the lateral lines of a
readwaayparkinq lane separated by curb or bollards and the adjacent property Tines where a sixfive (5)
foot minimum clearance is available to and intended for use by pedestrians.
Sec, 54-224. - Permit-feeFees and Security Deposit.
City of Miarrri Page 1 of 7 File Id. 15-01482 (Version: 2) Printed Om 12/28/2015
File Number: 15-01482
(a)
(ab)
A non-refundable application fee of $175.00 and initial inspection fee of $10.00 shall accompany
the sidewalk cafe application.
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. -Said-fee-
chall bo paid in full noe-ef he anrku l-permm# r, a4tarnat ty-shall bo paid-en-tfhe-first-
da t1 e rnenth-(-'due-dal after-y-bads (i.e., January l st--April-l-et; July 1st and
Oeteber-apt), ,^rtth-eaoh paymen-b 'ng 25 percont oftheat-fee-acs-detammd ab�Aeve, -t e
firstquarterly-paymont-being d-Ue-upon issuance of -the -annual permit,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. 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 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) The -peal -glee shall -be -waived by the -department of public werts; upon-the-applieant's request;
for any premed-sidewafk cafe, if the -waiver -request is made before -the sldewal-k-safe permit=is-
fssuedand the-prepesed sideNali-cafe-ite-i-s-jested-ill-a eons un+ty-dc t targot area,
as defined by the eityls eemmunity development -department or' uccesser-agency:-Such--
waiver-request-shall-re iro prosontatien of-a4erm letter from -the -community development
departmentevideneing--tf at-the-app ' q wifhin-a- get -area -TM -waiver period -shall be
cite cpecif' , r-atthe same location and shaihrun-for-sne-
consecutive 12-month period following the initial perm -it -approval for the location, ny-tr-ansfer-
shall e l-y-be_vaid-for4-he- alanee-ef-#hie--12 months remaining. The -per rni-t-fee is "}.,sue -and-
payable for all subsequent -years ofe-per^1, e -a-s h location e mitigation feo dorchbed in
section 35-224 of th[s-Cede-is-in addition tehis-pernl+t-fee-Security deposit. Upon issuance of
the permit, the Permittee shall provide a security deposit in an amount sufficient to secure one
quarter (1/4) of the permit fee. All documentation, including the form of the security deposit, shall
be subject to the approval of the City Attorney as to form and correctness. 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, whichever may be applicable, and the entire
amount of the security deposit 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.
k
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:
(4) A current survey (certified if required by other agencies having jurisdiction over the area) of
the sidewalk area including adjacent roadway and property lines.
City of112'iam.i Page 2 of 7 File ld:15.01482 (Version: 2) Printed On: 12/28/2015
File Number: 15-01482
(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-tampsheaters, fans, planters
and any other sidewalk obstruction either existing or proposed within the pedestrian area;
and
(86) 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-) Applioations-snall-be-ascompanied by-a-n-enrefundablo application fee -of $175,00 and an initia4-
In-apes-flan foe of $10.00,
(o12) 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.
(do) Within 30 days of receipt of a completed application, the director shall issue a letter of-intent-
•toapprove or deny the permit.
Sec. 54-226. - Permit requirements.
(G)
In the SD 9 and SD 17 zoning districts located in Coconut Grove Central Commercial District, as-
deseribed-in-tho zoning-atlas-of-zoni-ng-Ordinanee-No,-1406-0“hs-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 zoning districts
are solely for purposes of delineating affected geographic areas subject to this Section and shall
not convey any rights under Zoning Ord-inan-ee--No41-000the 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):
(4) The area to be considered shall have sidewalks which are tennine (9)feet in width or
greater, not including the curb. Subject 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 (9) feet of width may be
City of Miami Page 3 of 7 File Id: 15-01482 (Version: 2) Printed On12/28/2015
File Number; 16-01482
(5)
(6)
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,
Sidewalk cafes shall be located in such a manner that a minimum sixfive (5) 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.
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 cixfive (5) foot
pedestrian path.
A
(15) Umbrellas and screens may be em"e8d&l-!ntesupported 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 areis an optional itemsdepetading-en-thc hourss -eF-
tho establishment. Light levels shall be low and directed towards the sidewalk cafe rather
than towards the street. Lighting, fans and heatersniustshall comply with established public
works standards and criteria for--decorative-lighting in tho-right-of-way and with all
applicable codes.
Sec. 54-228. - Liability -and insu-ranceIndemnification and Insurance.
(a) Prier -to the issuance of-a-per-r-nitthe-applicant shall furnish-the-director-with-a-signed-eta-tem,era-t-
that-the-permittee-shall--held-harrallcss the city, its -officers and -employees aid shal4ndempif the -
city, its officers and ompleyees_fo n it s=for damages to property-er-i-rj-u-r-y to por-soi=�s-wI ieh-
may-be-eeeasioned by any activity carried on -under the-termso the ei mit: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, penalties, fines damages,
claims of any nature, including expenses and attorney's fees, and any and all Liabilities by reason
of iniury 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 non-performance of the services contemplated by this
City of Miami Page 4 of 7 File Id: 15-01482 (Version: 2) Printed On: 12/28/2015
File Number: 15-01482
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,
(b) Permittee-shaurnish-and-rnaintain such pulall-c--1-iabilityfeeci-preduets4iabinG4roperty
damage from all claims and damage -to -property or bodily injurinel-u-d-ing-cle-athrwhich may arise
from operatiens-undor414e-pormit-or-IR-GO-n-neOtion there \Atith-.--S-u-oh-insuranee-shall-provide-
oo-vorage-ef notiess--than-S0-007000,00 for -bodily injury, and -property -damage respective-ly par-
eeeurrence,-Sueh-insuranee-shall bo witheut-jarejudiee-to coverage ether -wise existing th "ein-anGi
shall name as-additional-insurecl-the-eity, its-offipers-a-nel-employeesrand shall further provide-
that4he-poiley-shall-not terminate or be cancciled-prier to-theempetien 9f-the-permit period
without 15-days' written notice to the risk-managernent--divis-ion-of the department -of -finance, and-
the-direeto-r-efIcs-of-the-ei*ot the-acleires6--s-11-ewn-in-the-permit.Applicant shall furnish
the City with a certificate of insurance substantially in accordance to the insurance requirements
contained in Exhibit A, available at the Department of Public Works. 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. The Department of Public Works may modify the 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 -T-the permit covers only the public sidewalk. Tables
and chairs on private property will be governed by other applicable regulations. The permit
shall include a reference to the applicant complying with all requirements for sidewalks
cafes set forth in in Article VI of this Code. Where an Applicant that is already legally
operating a sidewalk cafe at a leased location submits a lease executed prior to March 1,
2016, the owner consent requirement stated herein shall not apply until such time as the
City of Miami Page 5 of 7 File Id: 15-01482 (Version: 2) Printed On: 12/28/2015
File Number: 15-01482
current term of such lease ends,
(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 City's 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)
(7)
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 sixfive (5) foot pedestrian path is insufficient under existing circumstances and
represents a danger to the health, safety, or general welfare of pedestrians or vehicular
traffic.
Tables, chairs and other vestiges of said sidewalk cafe in the right-of-way 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 aGtienfinal
notice is talcensent based on subsection (a)(2) or (3) of this section, the removal action
shall become effective upon the receipt of such notice and the permittee shall have four (4)
hours to remove said items or to, within that time, request, in writing, a meeting with the
Department of Public Works Director to contest the final notice. The fees incurred by the
Department of Public Works and/or other agents of the City who implement the removal
shall be billed to the violator and if the fees remain unpaid for thirty (30) days, shall be
imposed as a municipal lien against the real and personal property of the violator and shall
be recorded In the public records of Miami -Dade County, and may be foreclosed by the City
as such, pursuant to Section 166.021, Florida Statutes, In addition, the City may utilize the
Code Enforcement Procedures set forth in Chapter 2, Article X, City Code to address any
violations.
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
thereof(2)
City of Miami Page 6 of 7 File Id: 15-01482 (Version: 2) Printed On: 12/28/20.15
File Number 15-01482
D AS FORM \,ND CORRECTNESS;
ICTORIA MENDEZ
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.
City of Afianti
Page 7 of 7 File Id: 15-01482 (Version: 2) Printed On: 12/28/2015