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File ID: #2173
Ordinance
Sponsored by: Ken Russell, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
WAIVING THE SIDEWALK CAFE FEES SET FORTH IN CHAPTER 54/ARTICLE
VI/SUBSECTIONS 54-224(B) AND (D) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "STREETS AND
SIDEWALKS/SIDEWALK CAFES/FEES AND SECURITY DEPOSIT", SPECIFICALLY
WAIVING SIDEWALK CAFE PERMIT FEES ASSESSED UNDER SECTION 54-224(B)
OF THE CITY CODE AND THE SECURITY DEPOSIT ASSESSED UNDER SECTION
54-224(D) DURING THE REMAINDER OF THE CONSTRUCTION OF THE FLAGLER
STREET BEAUTIFICATION PROJECT ("PROJECT") UNTIL SUBSTANTIAL
COMPLETION OF THE PROJECT AS PROVIDED HEREIN FOR DOWNTOWN MIAMI
SIDEWALK CAFES LOCATED IN THE AREA BOUNDED BY THE WEST SIDE OF
NORTHWEST/SOUTHWEST 1ST AVENUE ON THE WEST, BY THE NORTH SIDE
OF NORTHWEST/NORTHEAST 1ST STREET ON THE NORTH, BISCAYNE
BOULEVARD ON THE EAST, AND BY THE SOUTH SIDE OF
SOUTHWEST/SOUTHEAST 1ST STREET ON THE SOUTH, AS FURTHER
DESCRIBED IN EXHIBIT "A"; PROVIDING FOR A SUNSET PROVISION;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
City of Miami File ID: 2173 (Revision: A) Printed On: 3/21/2025
City of Miami
Legislation
Ordinance
Enactment Number: 13682
File Number: 2173 Final Action Date: 5/25/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
WAIVING THE SIDEWALK CAFE FEES SET FORTH IN CHAPTER 54/ARTICLE
VI/SUBSECTIONS 54-224(B) AND (D) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "STREETS AND
SIDEWALKS/SIDEWALK CAFES/FEES AND SECURITY DEPOSIT", SPECIFICALLY
WAIVING SIDEWALK CAFE PERMIT FEES ASSESSED UNDER SECTION 54-224(B)
OF THE CITY CODE AND THE SECURITY DEPOSIT ASSESSED UNDER SECTION
54-224(D) DURING THE REMAINDER OF THE CONSTRUCTION OF THE FLAGLER
STREET BEAUTIFICATION PROJECT ("PROJECT") UNTIL SUBSTANTIAL
COMPLETION OF THE PROJECT AS PROVIDED HEREIN FOR DOWNTOWN MIAMI
SIDEWALK CAFES LOCATED IN THE AREA BOUNDED BY THE WEST SIDE OF
NORTHWEST/SOUTHWEST 1ST AVENUE ON THE WEST, BY THE NORTH SIDE
OF NORTHWEST/NORTHEAST 1ST STREET ON THE NORTH, BISCAYNE
BOULEVARD ON THE EAST, AND BY THE SOUTH SIDE OF
SOUTHWEST/SOUTHEAST 1ST STREET ON THE SOUTH, AS FURTHER
DESCRIBED IN EXHIBIT "A"; PROVIDING FOR A SUNSET PROVISION;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Miami ("City") is the most populous City in Miami -Dade County
and Flagler Street is the oldest and best known street in the City; and
WHEREAS, the Flagler Street Beautification Project ("Project") is a long overdue
beautification of Flagler Street, which should serve as a showpiece street for Downtown Miami;
and
WHEREAS, the Project has detrimentally impacted the sidewalk cafes operating in
Downtown Miami that are located on and near Flagler Street by making them less visible to the
public and interfering with the free ingress and egress to and from such sidewalk cafes; and
WHEREAS, the City Commission finds that the adoption of this Ordinance waiving
sidewalk cafe permit fees for sidewalk cafes, within the boundaries set forth herein, during the
remainder of the construction of the Project through the date of substantial completion of the
Project, promotes the health, safety, general welfare, and economic well-being of the City and
all persons residing therein; and
WHEREAS, this Ordinance waives the payment of the fee for an annual permit for
establishing or maintaining a sidewalk cafe which is $11.50 per square foot of usable sidewalk
area, as determined by the Department of Public Works as set forth in Section 54-224(b) of the
Code of the City of Miami, Florida, as amended ("City Code") and the security deposit assessed
under Section 54-224(d); and
City of Miami File ID: 2173 (Revision: A) Printed On: 3/21/2025
WHEREAS, this Ordinance does not waive the non-refundable application fee of
$175.00; the initial inspection fee of $10.00 that accompanies the sidewalk cafe application; or
the failed permit inspection fee set forth in Sections 54-224(a) and (c) of the City Code nor does
it waive payment of the Business Tax Receipts ("BTR"); payment of the Certificates of Use
("CU") fees; or similar requirements, inspections, or fees; and
WHEREAS, the area applicable to sidewalk cafes covered by this Ordinance are
sidewalk cafes located on or near Flagler Street within the areas of the Project as set forth
below;
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
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The sidewalk cafe permit fees imposed by Section 54-224(b) of the City
Code, the annual permit of $11.50 per square foot of useable sidewalk area, and Section 54-
224(d) of the City Code, the required security deposit, are hereby waived for downtown sidewalk
cafes located in the area bounded by the west side by Northwest/Southwest 1st Avenue on the
west, by the north side of Northwest/Northeast 1st Street on the north, Biscayne Boulevard on
the east, and by the south side of Southwest/Southeast 1st Street on the south, as further
described in Exhibit "A".
Section 3. The waiver period for eligible sidewalk cafes, as described in Section 2
above, shall be during the remainder of the construction of the Project until the City and any
other public agencies that have jurisdiction over the Project, as applicable, have determined that
the Project has achieved substantial completion in the area described in Section 2. This
Ordinance will automatically sunset once that date of substantial completion is confirmed by the
Public Works Director.
Section 4. This waiver only applies to sidewalk cafe permit fees imposed by Sections
54-224(b) and Section 54-224(d) of the City Code.
Section 5. This Ordinance does not waive sidewalk cafe fees imposed by Section 54-
224(a) of the City Code, the non-refundable application fee of $175.00 and the initial inspection
fee of $10.00, the sidewalk cafe fees imposed by Section 54-224(c) of the City Code, the failed
permit inspection fee, or any other fees including but not limited to payment of the BTR,
payment of the CU, any related inspections, or any similar requirements, or fees.
Section 6. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 7. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.
1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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 File ID: 2173 (Revision: A) Printed On: 3/21/2025
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami File ID: 2173 (Revision: A) Printed On: 3/21/2025