HomeMy WebLinkAboutO-13585City of Miami
Legislation
Ordinance: 13585
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-01482 Final Action Date: 1/14/2016
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
*
Sec. 54-223. - Definitions.
Sidewalk means that portion of the street between the lie curb lines or the lateral lines of a roadway
non -driving lane separated by curb or bollards and the adjacent property lines 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 Miami
Page 1 of 7 File Id: 15-01482 (Version: 3) Printed On: 4/16/2018
File Number: 15-01482 Enactment Number: 13585
(a) A non-refundable application fee of $175.00 and initial inspection fee of $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. Said fee
day of the month ("due date") on a quarterly basis (i.e., January 1st; April 1st; July 1st and
October 1st), 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.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.
(lad) The permit fee shall be waived by the department of public works, upon the applicant's request,
for a o-posed sidewalk cafe, if the wit is made before the sidewalk cafe -permit -is
as defined by the city's community development department or its succe.aor agency. Such
waiver request shall reg tiro 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
payable for all subsequent years of operation at such location. The mitigation fee described in
scction 35 224 of this Codc is in addition to this permit 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.
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:
* * *
City of Miami Page 2 of 7 File Id: 15-01482 (Version: 3) Printed On: 4/16/2018
File Number: 15-01482 Enactment Number: 13585
A current survey (certified if required by other agencies having jurisdiction over the area) of
the sidewalk area including adjacent roadway and property lines.
(45) 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 lampsheaters, fans,
planters and any other sidewalk obstruction either existing or proposed within the
pedestrian area; and
(66) 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)
inspection fee of $10.00.
(Gb) 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.
(Etc) 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.
(c) In the SD_2 and Sn_17 zoning districts located in Coconut Grove Central Commercial District,
,as sGribed Da atlas-oYzoning OrdinariGe Nn 1-1 nun 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 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.11000the 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 Page 3 of 7 File Id: 15-01482 (Version: 3) Printed On: 4/16/2018
File Number: 15-01482 Enactment Number: 13585
(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
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 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.
(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 sixfive (5) foot
pedestrian path.
(15) Umbrellas and screens may be embedded intosupported 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 itemsdepending 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, fans and heatersrnustshall comply with established
public works standards and criteria for decorative lighting in the right of way and with all
applicable codes.
Sec. 54-228. Liability and insurance.Indemnification 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
City of Miami Page 4 of 7 File Id: 15-01482 (Version: 3) Printed On: 4/16/2018
File Number: 15-01482 Enactment Number: 13585
(b)
the city, its officers and employees for any clams for damages to property or injury to persons
which may be occasioned by any activity carried on under the terms of the permit.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 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 non-performance 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.
arisc from operat undcr the permit or in connection therewith. Such insurance shall provide
occurrence. S nsurance shall be without prejudice to coverage otherwise existing therein
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
.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 1st 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
City of Miami Page 5 of 7 File Id: 15-01482 (Version: 3) Printed On: 4/16/2018
File Number: 15-01482 Enactment Number: 13585
department prior to October 1st.
(15) Except as provided in Section 54-227,Tthe 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
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
actionfinal notice is takensent 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.
City of Miami
Page 6 of 7 File Id: 15-01482 (Version: 3) Printed On: 4/16/2018
File Number: 15-01482 Enactment Number: 13585
*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
thereof.{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 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 Miami
Page 7 of 7 File Id: 15-01482 (Version: 3) Printed On: 4/16/2018