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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Ordinance 14035 Legislation City Hull 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 9311 Final Action Date: 11/18/2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE VI OF THE CODE OF THE CITY MIAMI, FLORIDA, AS AMENDED, TITLED 'SIDEWALK CAFES", TO INCLUDE STREET CAFES, FEES, PERMIT REQUIREMENTS, AND PERMIT CRITERIA; CONTAINING A SEVERA6ILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. rrn SPONSOR(S): Commissioner Ken Russell, Commissioner Manolo Reyes _t1 WHEREAS, pursuant to Resolution No. R-20-0156 adopted on May 14, 2020; the City Commission directed the City Manager to identify feasible portions of City of Miami ("City") rights -of -way that may be repurposed for pedestrian and Sidewalk Cafe usage ("Outdoo :Dining Program") and to take any and all steps necessary to effectuate such repurposing until-AZgust'? 20, 2020 in order to assist businesses negatively affected by the Novel Coronavirus ("COVID.r 19,) pandemic; and WHEREAS, pursuant to Resolution No. R-20-0231 adopted on July 23, 2020, the City Commission extended the Outdoor Dining Program to further assist struggling businesses; and WHEREAS, pursuant to Resolution R-21-0176 adopted on April 22. 2021, the City Commission directed the City Manager to take any and all steps necessary to make the temporary Outdoor Dining Program permanent; and WHEREAS, Chapter 54, Article VI of the Code of the City of Miami, Florida, as amended ("City Code"), establishes the requirements for the placement of Sidewalk Cafes within the public right-of-way and WHEREAS, this proposed ordinance will establish a permanent program for the permitting of Street Cafes within On -Street Parking areas adjacent to a business licensed to operate as a food establishment; 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 of the City Code is further amended in the following particulars:' "CHAPTER 54 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. City of Miami Page 1 of 14 File ID: 9311 {Revision: C) Printed On: 3/30/2022 9311 Legislation -SUB File ID: 9311 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14035 STREETS AND SIDEWALKS ARTICLE VI. SIDEWALK AND STREET CAFES * Sec. 54-221. Statement of purpose. (a) The primary function of sidewalks is for pedestrian movement and sidewalk Cafes shall not interfere with their use. (b) The primary functions of On -Street Parking are to provide access to destinations along a street, aid in speed reductions, and provide a buffer between the sidewalk edge and moving traffic. (bc) Sidewalk and Street Cafes will be ADA compliant must comply with all Americans with Disabilities Act ("ADA") requirements and regulations. (s) A safe, secure and comfortable environment will be maintained for pedestrians using the public right-of-way. idt) A -Sidewalk and Street Cafes shall enhance the vitality of the street environment. ,ell A Sidewalk and Street Cafes shall be compatible with adjacent streetscape elements in terms of design and construction. Sec. 54-222. Permit required. Operating a sidewalk and/or Street Cafe on city sidewalks rights -of -way 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 resilience and public works and paying the fee therefor to the director of finance or his/her designee and the Department of Off -Street Parking. It shall be unlawful for any person to operate a sidewalk and/or Street Cafe on any sidewalk within city right-of-way except as provided by this article. Sec. 54-223. 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 Resilience and Public Works. Food Establishment means an establishment serving prepared food to be consumed on or off premises. Intervenor means a person whose interests in the proceeding are adversely affected in a manner greater than those of the general public. A person shall be entitled to the presumption of Intervenor status if the person owns the subject property or owns property abutting the subject property. Furthermore, a person shall be entitled to Intervenor status if the person owns property within a 500-foot radius from the subject property but is not the property owner or abutting property owner and has a particular interest in the application that is different in kind and degree than the general public. Abutting shall mean to reach or touch; touch; touch at the end or be contiguous with; join at a border or boundary; or terminate on and includes properties across a street or alley. A person recognized by the decision -making body, including the Planning, Zoning, and Appeals Board and the City Commission, as an Intervenor City of Miami Page 2 of 14 File ID: 9311 (Revision: C) Printed on: 3/30/2022 File ID: 9311 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14035 may make a presentation, call and examine witnesses, conduct cross-examinations of witnesses, introduce exhibits, rebut evidence, and make final arguments in the order as decided by the Chair of the body to effectuate orderly and efficient proceedings. On -Street Parking /Parking Lane means that area within the public right-of-way designated for vehicular parking without obstructing the flow of travel lanes generally located between the edge of vehicular travel lanes and the front of sidewalks. Permit means a grant of authority by the city to operate a sidewalk and/or Street 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 and/or Street 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 or Street Cafe Permit under the terms and provisions of this article. Sidewalk means that portion of the street between the curb lines or the lateral lines of a non -driving lane separated by curb or bollards and the adjacent property lines where a five-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. Street Cafe means the permitted placing or locating of outdoor furniture, including but not limited to, chairs and tables within the On -Street Parking area adjacent to a business licensed to operate as a restaurant or take-out food establishment. State road shall mean those roadways that are part of the state highway system under the jurisdiction of the Florida Department of Transportation. Sec. 54-224. Fees and security deposit. (a) Sidewalk Cafe: (a1U1 A non-refundable application fee of $175.00 and initial inspection fee of $10.00 shall accompany the Sidewalk Cafe application. (b)) The fee for an annual Permit for establishing or maintaining a sidewalk Cafe shall be $11.50 per square foot of usable side right-of-way area, as determined by the department of resilience and 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. Payment received more than ten (10) 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 thirty (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. (d)� Security deposit. Upon issuance of the permit, the Permittee shall provide a security deposit in an amount sufficient to secure one -quarter 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 City of Miami Page 3 of 14 File ID: 9311 (Revision: C) Printed on: 3/30/2022 File ID: 9311 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14035 fails to make an annual payment within thirty (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 Permittee shall have no recourse against this retention by the city when payment by the Permittee is untimely. (b) Street Cafe: (1) A non-refundable application fee of $175.00 and initial inspection fee of $10.00 shall accompany the Street Cafe application to be submitted to the City. (2) In addition to the application fee required pursuant to Section 54-224(b)(1), there shall also be an annual Permit fee for maintaining a Street Cafe to be paid to the Department of Off -Street Parking, which shall be determined by the Department of Off - Street Parking. The Street Cafe permit shall begin on October 1 and end on an annual basis. The full amount for a permit fee shall be due and payable seven (7) calendar days in advance of the effective term of the permit. Payment received more than ten (10) calendar days after the due date shall be charged a late fee of ten percent (10%) of the payment amount due. Failure to make a required payment within thirty (30) calendar days of the due date shall constitute a basis for and result in immediate suspension of the permit and forfeiture to any right and interest to the security deposit or performance bond. (3) Failed permit inspections are subject to a reinspection fee of $95.00. (4) Security deposit. Upon issuance of the permit, the Permittee shall provide a security deposit in an amount sufficient to secure three (3) times the amount 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 thirty (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 Permittee shall have no recourse against this retention by the City when payment by the Permittee is untimely. (c) Waiver of fees: The City Commission may waive or reduce any or all fees described in Subsections (a)(1), (a)(2), (a)(3), (a)(4), (b)(1), (b)(2), (b)(3), and (b)(4) by Resolution upon a determination that it is in the best interests of the City. Sec. 54-225. Permit application. (a) Application for a permit to operate a Sidewalk and/or Street Cafe shall be made at the department of resilience and 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 City 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 current survey (certified if required by other agencies having jurisdiction over the area) of the sidewalk area including adjacent roadway and property lines. A drawing (minimum scale of one-fourth inch equals one foot) showing the layout and dimensions of the existing sidewalk area, parking lane, and adjacent private property, (5) City of Miami Page 4 of 14 File ID: 9311 (Revision: C) Printed on: 3/30/2022 File ID: 9311 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14035 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, heaters, fans, planters and any other sidewalk obstruction either existing or proposed within the pedestrian area; (6) Photographs, drawings, or manufacturers' brochures fully describing the appearance of all proposed tables, chairs, umbrellas, or other objects related to the sidewalk and/or Street Cafe; and Photograph of the subject street right-of-way where sidewalk and/or Street Cafe is proposed. (8) A right-of-way encroachment and removal agreement provided by the Department of Resilience and Public Works and executed by the Permittee and the Director in a form acceptable to the City Attorney. (9) Proof that approval of any Street Cafe Permit application will not subject the Permittee to non-compliance in accordance with the any and all of the City's requirements and regulations and any agreements or covenants governing the Food Establishment. In the event granting a Street Cafe Permit would make the applicant not comply with parking requirements, the applicant may apply for a Waiver pursuant to the Miami 21 Code and/or apply for a Parkinq Waiver pursuant to Chapter 35 of the City Code and provide payment into the designated parking trust fund for the property or the Transportation Trust Fund as established by Chapter 35 of the City Code, whichever is applicable. (b) Applications shall be reviewed by the following departments: resilience and public works;„ planning„ an4 zoning, neighborhood enhancements team, risk management„ and finance. For Street Cafe Permit applications, the Department of Off -Street Parking shall be an additional department to review the application. Building department review is required for any ccmk crmancnt installations, lighting, electrical connections, fans, and heaters. (c) Within thirty (30) days of receipt of a completed application, the director shall approve or deny the Permit. (d) Reserved. (e) The applicant shall provide proof of necessary insurance prior to receiving the Permit. (7) Sec. 54-226. Permit requirements. (a) No person shall establish a Sidewalk and/or Street Cafe on any public street or sidewalk unless such person has obtained a valid permit to operate that Sidewalk and/or Street Cafe in such a manner pursuant to this article. (b) Permits shall be issued only to validly licensed restaurants or food establishments that wish to provide tables and chairs on the sidewalk(s) and/or On -Street / Parking Lanes adjacent to their businesses for use by the general public. (c) In the Coconut Grove central commercial district, 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 districts are solely for purposes of delineating affected geographic areas subject to this section and City of Miami Page 5 of 14 File ID: 9311 (Revision: C) Printed on: 3/30/2022 File ID: 9311 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14035 shall not convey any rights under the Miami 21 Code, the zoning ordinance of the City of Miami, Florida ("Miami 21 Code"), as amended or superseded. (d) No Sidewalk and/or Street 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. (e) No Street Cafe Permit shall be issued by the City within any roadway under Miami -Dade County's jurisdiction in the absence of an approval from the Miami -Dade County Department of Transportation and Public Works ("DTPW"). (f) No Food Establishment located in the Coconut Grove Business Improvement District except for on Fuller Street or located in the Midtown Community Development District shall be eligible to receive a Street Cafe Permit. Solely for the purposes of the Street Cafe Permit, the Coconut Grove Business Improvement District shall mean all of the commercial properties consisting of an eighteen (18) block area of the central commercial core of Coconut Grove as more particularly described in Resolution No. R-08-0455 with the exception of the entirety of Fuller Street. Solely for the purposes of the Street Cafe Permit, the Midtown Community Development District shall mean the geographic area encompassing approximately 57 acres in an area bounded by the Florida east coast right- of-way on the east, Northeast 29th Street on the south, North Miami Avenue on the west, and Northeast 36th Street on the north, all as depicted in Exhibit "C" of Miami -Dade County Ordinance No. 03-271. 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)(5): (1) Sidewalk and/or Street 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 sidewa-l-k 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, taxistands, or counter service windows. (. 2) No tables and chairs will be Permitted within five feet of a pedestrian crosswalk, fire hydrant, bus stop, taxistand, or counter service window. (43) The or a to be considered shall have Sidewalks shall be a minimum of which- ;-re nine feet (9') 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 resilience and public works department, or his/her 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. (54) Sidewalk Cafes shall be located in such a manner that a minimum 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. City of Miami Page 6 of 14 File ID: 9311 (Revision: C) Printed on: 3/30/2022 File ID: 9311 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14035 (5) Street Cafes shall be protected and separated from traffic at all times with American Association of State Highway Transportation Officials' ("AASHTO") approved temporary water filled barriers, temporary concrete barrier systems, or other AASHTO approved traffic impact products to form a physical barrier around the Street Cafe perimeter to be paid for and maintained by the Permittee. All physical barriers shall not be more than thirty-six inches (36") in height. Items placed along the perimeter of a Street Cafe shall not be located within street intersection visibility triangle as defined in Section 54-1 of the City Code and shall not reduce the existing travel lanes' width. Proposed material and design of screening shall be paid for and maintained by the Permittee upon approval by the Resilience and Public Works Department. No rigid materials are permitted to be used along the traffic side of the temporary barriers. Glare screens shall not be permanently attached to the barrier walls and may require removal 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 and/or government, business improvement district, community development agency, or special district entity. (6) Objects used to form a physical barrier around the Sidewalk Cafe perimeter shall be permitted upon approval by the Resilience and Public Works Department. All physical barriers shall have a two -foot (2') clear path every twenty-five feet (25') and shall not be more than thirty-six inches (36") in height. Items placed along the perimeter of a Sidewalk Cafe shall not be located within street intersection visibility triangles as defined in Section 54-1 of the City Code. Proposed materials and design shall be approved by the Resilience and Public Works Department prior to placement by the Permittee. No obstructions of stormwater structures or gutters are allowed at any time. Glare screens shall not be permanently attached to the sidewalk, shall not be more than thirty-six inches (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 and/or government, business improvement district, community development agency, or special district entity, as applicable. (7) No portion of any object placed in the Sidewalk Cafe shall extend into the five-foot (5') pedestrian path. (78) Tables, chairs, umbrellas, decking, and any other objects provided with the Sidewalk and/or Street Cafe shall be of quality design, materials, and technique; 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 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. (89) Awnings, umbrellas and other decorative material shall be fire retardant pressure treated, or manufactured of fire resistive material. (9) No portion of any object placed in the sidewalk cafe shall extend into the five 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 and/or Street Cafe owner shall preserve and protect all existing trees and plantings in the public right-of-way to the satisfaction of the resilience and public works department and replace, entirely at the applicant Permittee's expense, any trees that are damaged as a result of the Sidewalk and/or City of Miami Page 7 of 14 File ID: 9311 (Revision: C) Printed on: 3/30/2022 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 9311 Enactment Number: 14035 Street 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 inches 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 and/or Street 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 supported by a socket in the sidewalk. The resilience and 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 optional items. Light levels shall be low and only directed towards the Sidewalk Cafe, rathcr than towards and not the street. Lighting, fans, and heaters shall comply with established standards and criteria 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. Sec. 54-228. Indemnification and insurance. (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, 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, damage to, destruction, or Toss to any property including the city, its instrumentalities, 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, 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, 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, business licensees, or invitees placed on city property and its instrumentalities and shall be at the sole risk of the applicant thereof. The applicant shall ensure that adequate safety precautions are in effect at all times during the term of the Permit. It shall be a further condition precedent to the issuance of any such Permit for placement of such Sidewalk or Street Cafe in the public City of Miami Page 8 of 14 File ID: 9311 (Revision: C) Printed on: 3/30/2022 File ID: 9311 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14035 right-of-way that the permit holder(s) Permittee is/are jointly and severally responsible, at each permit holder's Permittee's sole expense, for any damages regarding restoring the public right-of-way to its original condition before installation of facilities. The indemnification shall survive termination of this the Permit/agreement. Prior to the issuance of any such Permit, the applicant shall submit to the city a certificate of insurance with respect to commercial general liability with limits of at least $500,000.00 per occurrence, $1,000,000.00 policy aggregate, and any endorsements thereto, including, but not limited to, premises and operations liability, personal and advertising injury, products and completed operations, and liquor liability. The certificate must reflect primary and noncontributory language and list the city as an additional insured on all third -party liability policies including liquor. The insurance herein required shall remain in full force and effect at all times during the entire term of the Permit. Additionally, all such insurance shall be subject to review and approval by the city's risk management department. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida with the following qualifications: The company must be rated no less than "A-" as to management and no less than Class "V" as to financial strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick New Jersey, or its equivalent subject to the approval of the city's risk management department. Companies not meeting the above rating requirements shall submit proof of reinsurance from qualifying insurers having or exceeding the required rating criteria. The registrant/applicant shall provide 30 days prior written notice of cancellation to the city for any reason other than non-payment of premium in which ten days' notice shall apply. (b) Appiica-ntThe Permittee 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 resilience and 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 resilience and 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 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 department prior to October 1st. (2) The Permit issued shall be personal to the Permittee only and shall not be transferable in any manner. The Permit may be suspended by the Director when necessary to clear Sidewalk and On -Street Parking 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 and/or Street Cafes when street, sidewalk, or utility repairs necessitate such action. (3) City of Miami Page 9 of 14 File ID: 9311 (Revision: C) Printed on: 3/30/2022 Fite ID: 9311 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14035 (5) The department of resilience and public works or the police department may immediately remove or relocate require the removal or relocation of all or parts of the Sidewalk and/or Street Cafe in emergency situations. (6) The city and its officers and employees shall not be responsible for Sidewalk and/or Street Cafe components relocated during emergencies. 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. (7) (9) The Sidewalk and/or Street 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 and/or Street Cafe. However, this shall not relieve the Permittee of the responsibility to maintain the Sidewalk and/or Street Cafe as required in this section. (11) Tables, chairs, umbrellas, and any other objects provided with a Sidewalk and/or Street Cafe shall be maintained with a clean and attractive appearance and shall be in good repair at all times. (12) The sidewalk right-of-way arcs 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 restaurant logotypes. Size and location of menu boards shall be approved by city. (14) No tables and chairs nor any other parts of Sidewalk and/or Street Cafes shall be attached, chained, or in any 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) Except as provided in section 54-227, the permit covers only the public sidewalk right- of-way. 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 Sidewalk and/or Street Cafes set forth in in article VI of this Code. Where an applicant that is already legally operating a Sidewalk and/or Street 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. (16) The Permittee shall notify the director of resilience and public works, in writing, when operation of the Sidewalk and/or Street Cafe begins. Said notice shall be delivered to the director within 24 hours of such commencement. City of Miami Page 10 of 14 File ID: 9311 (Revision: C) Printed on: 3/30/2022 File ID: 9311 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14035 (17) The issuance of a Sidewalk and/or Street Cafe permit does not grant or infer vested rights to use of the sidewalk or a right-of-way 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. 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 and/or Street 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 54-228, or has failed to make a quarterly permit fee payment when due. Changing conditions of pedestrian or vehicular traffic cause congestion necessitating removal of Sidewalk and/or Street Cafe. Such decision shall be based upon findings of director that the minimum five-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/her 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. Tables, chairs, and other vestiges of said Sidewalk and/or Street Cafe in the right-of- way may be removed by the department of resilience and public works, and a reasonable fee charged for labor, transportation, and storage, should the Permittee fail to remove said items within 36twenty-four (24) hours of receipt of the director's final notice to do so for any reason provided for under this article. If the final notice is sent 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 hours to remove said items or to, within that time, request, in writing, a meeting with the department of resilience and public works director to contest the final notice. The fees incurred by the department of resilience and 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 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 F.S. § 166.021. In addition, the city may utilize the code enforcement procedures set forth in chapter 2, article X, to address any violations. (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. (3) (7) City of Miami Page 11 of 14 File ID: 9311 (Revision: C) Printed on: 3/30/2022 File ID: 9311 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14035 Sec. 54-231. Appeals instituted by the Permittee. (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. (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 resilience and 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 and/or Street Cafe or parts thereof. Vestiges of the Sidewalk and/or Street Cafe shall be removed immediately, as set out in section 54-230, pending disposition of the appeal and final decision of the city commission. (d) A Permit which has been suspended or revoked pursuant to section 54-230(a)(1), (2) or (4) may be reinstated by the director of the department of resilience and public works at such time as the Permittee has demonstrated that the violation has been corrected to the satisfaction of the Department of Resilience and 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 resilience and public works, or in the event of an appeal, by the city commission. Sec. 54-232. Appeals for Street Cafe Permit Approval. (a) Notice. Within 48 hours of issuing the intended decision to approve a Street Cafe permit, the Director shall notify the Permittee and post a notice of the intended decision on or adjacent to the subject property in a location where it is visible to the general public. The posting shall provide a general description and location of the proposed Street Cafe permit. The intended decision shall also be sent to the business improvement districts of the City in that area, as applicable. (b) Issuance of permit. If no appeal is received within ten (10) calendar days of the issuance of the intended decision pursuant to Section 54-232(c) of the City Code, the Street Cafe permit shall be issued. The property owner shall ensure that the Street Cafe permit is displayed in the business's storefront which shall be visible to the public at all times. (c) Appeals to the Planning, Zoning, and Appeals Board ("PZAB"). Any aggrieved party having standing under state law may appeal to the PZAB any decision of the Director on matters relating to the approval of a Street Cafe by filing a written notice of appeal to the Director as established in Chapter 54, Article VI of the Code within ten (10) calendar days after the date of the intended decision. The notice of appeal shall include the decision appealed from and the reasons or grounds for the appeal. A person or entity whose interests in the proceeding are adversely affected in a manner greater than those of the general public may request Intervenor status as defined in this Chapter. PZAB shall hear and consider all facts material to the appeal. PZAB may affirm, modify, or reverse the decision of the Director. All appeals to the PZAB in accordance with this Article shall be accompanied by a fee of $315.00 except for appeals initiated by abutting property owners as defined in the Miami 21 Code for which a Street Cafe is sought. Appeals by a member who owns property within 500 feet of the subject property shall pay a reduced appeal fee of $157.50. City of Miami Page 12 of 14 File ID: 9311 (Revision: C) Printed on: 3/30/2022 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 9311 Enactment Number: 14035 (d) Appeals to the City Commission. Any aggrieved party having standing under state law, may appeal to the City Commission any decision of the PZAB on matters relating to applications for Street Cafe permits by filing a written notice of appeal with the Office of Hearing Boards within fifteen (15) calendar days after the date of the PZAB decision. The notice of appeal shall include the decision appealed from and the reasons or grounds for the appeal. The City Commission shall conduct a hearing de novo as a body of original jurisdiction upon any appeal and/or review from an appealable decision under the terms of this Article. A person whose interests in the proceeding are adversely affected in a manner greater than those of the general public may request Intervenor status as defined in this Chapter. New evidence or materials may be received by the City Commission where such evidence or materials are pertinent to a determination of the appeal. The City Commission may hear the testimony of witnesses and/or any other evidence offered by any person aggrieved or by any officer, board, or agency of the City affected thereby or by any interested party having an interest in the appeal under state law and may, in conformity with this Article and other applicable laws, rules, and regulations, render its decision. The City Commission shall hear and consider all facts material to the appeal and may affirm, modify, or reverse, in whole or in part, with or without conditions, PZAB's decision. All appeals to the City Commission in accordance with this Section shall be accompanied by a fee of $525.00 plus $4.50 per mailed notice to the adjacent owners within a 500-foot radius. A certified list of said adjacent owners shall be provided with all appeals. However, no fees shall be assessed for appeals initiated by abutting property owners defined by the Miami 21 Code for which a Street Cafe permit is sought. Appeals by an individual or entity that owns property within 500 feet of the subject property shall pay a reduced appeal fee of $262.50. The decision of the City Commission shall constitute final administrative review and no petition for rehearing or reconsideration shall be considered by the City. Appeals from decisions of the City Commission may be made to a court of law as provided by the Florida Rules of Appellate Procedure. (c) Notice. All public hearings on appeals shall include notice of the time and place of the public hearing mailed at least ten (10) calendar days in advance of the hearing to the owner of the subject property and the owners of the adjacent properties. At least ten (10) calendar days in advance of the hearing, a sign, in compliance with the provisions of Section 62-19 of the City Code, shall also be posted on the subject property. (d) No Street Cafe permitted during an appeal. Upon timely submission of an appeal made pursuant to the requirements of this Section, no Street Cafe that is subject of an appeal is permitted until final disposition of the appeal. A violation of this Subsection will automatically result in an additional $500.00 fine payable to the City's parking trust fund applicable to the property or, if not located within a designated parking trust fund district, payable to the City's Transportation Trust Fund established in Chapter 35 of the City Code, for each separate violation of this Section. Sec. 54-2323. Enforcement. Enforcement shall be as preescribed by Chapter 2, Article X, Code Enforcement, and any other remedies as provided by law. Secs. 54-234-54-260. Reserved. City of Miami Page 13 of 14 File ID: 9311 (Revision: C) Printed on: 3/30/2022 File ID: 9311 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14035 Section 6. 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 7. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.' APPROVED AS TO FORM AND CORRECTNESS: 2 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 Page 14 of 14 File ID: 9311 (Revision: C) Printed on: 3/30/2022 •w"e„ 4 it File Number: 9311 City of Miami Ordinance 14035 Legislation SUBSTITUTED City 'Hall 3500 Pan American Driv Miami, FL 33133 www.miamigov.c Final Action Date: 1 8/2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING APTER 54/ARTICLE VI OF THE CODE OF THE CITY MIAMI, FLORIDA, At AMENDED, TITLED "SIDEWALK CAFES", TO INCLUDE STREET CAFES, F S, PERMIT REQUIREMENTS, AND PERMIT CRITERIA; CONTAINING A VERABILITY CLAUSE: AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Ken Russell, Commissioner Manolo eyes WHEREAS, pursuant to Resolution No. R-20-0156 adopte• in May 14, 2020, the City Commission directed the City Manager to identify feasible portio of City of Miami ("City") rights -of -way that may be repurposed for pedestrian and Side lk Cafe usage ("Outdoor Dining Program") and to take any and all steps necessary to effectu., e such repurposing until August 20, 2020 in order to assist businesses negatively affected . the Novel Coronavirus ("COV1D- 19°) pandemic, and WHEREAS, pursuant to Resolution No. R-20 231 adopted on July 23, 2020, the City Commission extended the Outdoor Dining Progra o further assist struggling businesses; and WHEREAS, pursuant to Resolution R- -0176 adopted on April 22, 2021, the City Commission directed the City Manager to to any and all steps necessary to make tlie' temporary Outdoor Dining Program perma -nt; and WHEREAS, Chapter 54, Article I of the Code of the City of Miami, Florida, s Btnerr$ed ('City Code"), establishes the require ents for the placement of Sidewalk Cafe's witljin-the public right-of-way; and _ = N . * WHEREAS, this propo ' d ordinance will establish a permanent program for the--. r' permitting of Street Cafes wi ' in On -Street Parking areas adjacent to a business licensed to o t operate as a restaurant or ke-out food establishment; NOW, THEREF MIAMI, FLORIDA: RE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF Section 1 The recitals and findings contained in the Preamble to this Ordinance are adopted by refence and incorporated as if fully set forth in this Section. Se • an 2. Chapter 54 of the City Code is further amended in the following particulars:' "CHAPTER 54 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. City of Miami Page 1 of 14 File ID: 9311 'Revision: 8) Printed On: 3/25/2022 I'i1 SUBSTITUTED File ID: 9311 Enactment Number: 14035 STREETS AND SIDEWALKS ARTICLE VI. SIDEWALK AND STREET CAFES * Sec. 54-221. Statement of purpose. (a) The primary function of sidewalks is for pedestrian movement and sidewalk ' afes shall not interfere with their use. (b) The primary functions of On -Street Parking are to provide access to de- inations along a street, aid in speed reductions, and provide a buffer between the sid- - alk edge and moving traffic. (14c) Sidewalk and Street Cafes will be ADA compliant must comply h all Americans with Disabilities Act ("ADA") requirements and regulations. (sdl, A safe, secure and comfortable environment will be mainta'' ed for pedestrians using the public right-of-way. Oa). A -Sidewalk and Street Cafes shall enhance the vitality •f the street environment. Lef A Sidewalk and Street Cafes shall be compatible w adjacent streetscape elements in terms of design and construction. Sec. 54-222. Permit required. Operating a sidewalk and/or Street Cafe o city sidewalks rights -of -way shall be unlawful without a permit. No person shall conduct bu ' ess as herein defined without first obtaining a Permit from the director of the department • resilience and public works and paying the fee therefor to the director of finance or his/h; designee and the Department of Off -Street Parking. It shall be unlawful for any person to op- rate a sidewalk and/or Street Cafe on any sidewalk within tho city right-of-way except as • ovided by this article. Sec. 54-223. Definitions. As used in this article: Cafe zones means an •ublic sidewalk area within the city that complies with the requirements of article VI %f this chapter. Director means th Director of the Department of Resilience and Public Works. Food Establish' ent means an establishment serving prepared food to be consumed on or off premises. Intervenor eans a person whose interests in the proceeding are adversely affected in a manner gre- -r than those of the general public. A person shall be entitled to the presumption of Intervenor status if the person owns the subject property or owns property abutting the subject • operty. Furthermore, a person shall be entitled to Intervenor status if the person owns . operty within a 500-foot radius from the subject property but is not the property owner or a• ttinq property owner and has a particular interest in the application that is different in kin,, and degree than the general public. Abutting shall mean to reach or touch; touch; touch the end or be contiguous with; join at a border or boundary; or terminate on and includes •roperties across a street or alley. A person recognized by the decision -making body, including the Planning, Zoning, and Appeals Board and the City Commission, as an Intervenor City of Miami Page 2 of 14 File ID: 9311 (Revision: B) Printed on: 3/25/2022 SUBSTITUTED File ID: 9311 Enactment Number: 14035 may make a presentation, call and examine witnesses, conduct cross-examinations of witnesses, introduce exhibits, rebut evidence, and make final arguments in the order as decided by the Chair of the body to effectuate orderly and efficient proceedings. On -Street Parking /Parking Lane means that area within the public right-of-way designated for vehicular parking without obstructing the flow of travel lanes generally loc- -d between the edge of vehicular travel lanes and the front of sidewalks. Permit means a grant of authority by the city to operate a sidewalk and/or Stree Cafe, subject to compliance, as a condition precedent to the initial issuance of such Per - It and any renewals thereof with all requirements, conditions or criteria set forth in this artic for the issuance and maintenance of a sidewalk and/or Street Cafe Permit. A Permit all be valid for a maximum of one year in duration and shall be renewable on an annual basi pon full compliance with all application requirements. Permittee means the recipient of a Sidewalk Cafe or Street Cafe P • rmit under the terms and provisions of this article. Sidewalk means that portion of the street between the curb III -s or the lateral lines of a non -driving lane separated by curb or bollards and the adjacent •roperty lines where a five-foot minimum clearance is available to and intended for use by pea -strians. Sidewalk Cafe means the placing, locating, or permit ' g of the placing or locating of outdoor furniture, including but not limited to, chairs and = ales within the sidewalk area adjacent to a business licensed to operate as a restaurant or to out food establishment, Street Cafe means the permitted placing or Iocing of outdoor furniture, including but not limited to, chairs and tables within the On -Street P: rking area adjacent to a business licensed to operate as a restaurant or take-out food establi ment. State road shall mean those roadways tat are part of the state highway system under the jurisdiction of the Florida Department of Tr. sportation. Sec. 54-224. Fees and security deposi (a) Sidewalk Cafe: fa4(.1�, A non-refundable ap• Ication fee of $175.00 and initial inspection fee of $10.00 shall accompany the Side Ik Cafe application. (b)(2) The fee for al annual Permit for establishing or maintaining a sidewalk Cafe shall be $11.50 per s. are foot of usable sidewalk right-of-way area, as determined by the department of silience and public works. The Sidewalk Cafe Permit year shall begin on October and end on September 30. The fee for any Sidewalk Cafe permitted during the -ermit year shall be prorated on a monthly basis to the end of the current permit y=. r. The full annual permit fee shall be due and payable on or before October 1. Pay► ent received more than ten (10) calendar days after the due date shall be char►ed a late fee of ten percent of the payment amount due. Failure to make a re. ired payment within thirty (30) calendar days of the due date shall constitute a sis for and result in immediate license suspension and forfeiture to any right and interest to the security deposit or performance bond. (3) Failed permit inspections are subject to a reinspection fee of $95.00. (d)(4) Security deposit. Upon issuance of the permit, the Permittee shall provide a security deposit in an amount sufficient to secure one -quarter 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 City of Miami Page 3 of 14 File ID: 9311 (Revision: B) Printed on: 3/25/2022 SUBSTITUTED File ID: 9311 Enactment Number: 14035 fails to make an annual payment within thirty (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 Permittee shall have no recourse against this retention by the city wh payment by the Permittee is untimely. (b) Street Cafe: (1) A non-refundable application fee of $175.00 and initial inspection fee of $10. !0 shall accompany the Street Cafe application to be submitted to the City. (2) In addition to the application fee required pursuant to Section 54-224(b 1), there shall also be an annual Permit fee for maintaining a Street Cafe to be paid o the Department of Off -Street Parking, which shall be determined by th- 'Department of Off - Street Parking. The Street Cafe permit shall begin on October 1 - d end on an annual basis. The full amount for a permit fee shall be due and payabl: seven (7) calendar days in advance of the effective term of the permit. Payment -ceived more than ten (10) calendar days after the due date shall be charged a la fee of ten percent (10%) of the payment amount due. Failure to make a required payment within thirty (30) calendar days of the due date shall constitute a basis f• and result in immediate suspension of the permit and forfeiture to any right a : interest to the security deposit or performance bond. (3) Failed permit inspections are subject to a reinsp- ction fee of $95.00. (4) Security deposit. Upon issuance of the permi , the Permittee shall provide a security deposit in an amount sufficient to secure th,-e (3) times the amount of the permit fee. All documentation, including the form of t-e security deposit, shall be subject to the approval of the City Attorney as to for nd correctness. In the event the Permittee fails to make an annual payment wit ' thirty (30) days of the date due, the Permittee shall forfeit any right and interest t• he security deposit, whichever may be applicable, and the entire amount of the sec ity deposit shall be retained by the City or its designee. The Permittee shall r .ve no recourse against this retention by the City when payment by the Permittee is timely. (c) Waiver of fees: The City Commission may , aive or reduce any or all fees described in Subsections (a)(1), (a)(2), (a)(3), (a)(4), (b)(1 (b)(2), (b)(3), and (b)(4) by Resolution upon a determination that it is in the best interests •f the City. Sec. 54-225. Permit appl ation. (a) Application for a •ermit to operate a Sidewalk and/or Street Cafe shall be made at the department of silience and public works in a form deemed appropriate by the director. Such applicon shall include, but not be limited, to the following information: (1) Nam- and address of the applicant; (2) A opy of a valid City business license to operate a restaurant or a take-out food stablishment adjacent to the sidewalk area which is the subject of the application; ( A copy of current liability insurance; (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. A drawing (minimum scale of one-fourth inch equals one foot) showing the layout and dimensions of the existing sidewalk area, parking lane, and adjacent private property, (5) City of Miami Page 4 of 14 File ID: 9311 (Revision: B) Printed on: 3/25/2022 SUBSTITUTED File ID: 9311 Enactment Number: 14035 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, heaters, fans, planters and any other sidewalk obstruction either existing or propose within the pedestrian area; (6) Photographs, drawings, or manufacturers' brochures fully describing the appea : nce of all proposed tables, chairs, umbrellas, or other objects related to the sidew.. k and/or Street Cafe; and Photograph of the subject street right-of-way where sidewalk and/or Str- ' t Cafe is proposed. (8) A right-of-way encroachment and removal agreement provided by t'e Department of Resilience and Public Works and executed by the Permittee and e Director in a form acceptable to the City Attorney. (9) Proof that approval of any Street Cafe Permit application wil of subject the Permittee to non-compliance in accordance with the any and all of t City's requirements and regulations and any agreements or covenants governin• he Food Establishment. In the event granting a Street Cafe Permit would make t applicant not comply with parking requirements, the applicant may apply for a . aiver pursuant to the Miami 21 Code and/or apply for a Parking Waiver pursuant . Chapter 35 of the City Code and provide payment into the designated parking tru- fund for the property or the Transportation Trust Fund as established by apter 35 of the City Code, whichever is applicable. (b) Applications shall be reviewed by the foliowin. departments: resilience and public works; planning, and zoning, neighborhood enhancements team, risk management, and finance. For Street Cafe Permit applications, the D- partment of Off -Street Parking shall be an additional department to review the app ' ation. Building department review is required for any some norm ne-n4 installations, Iigh ' g, electrical connections, fans, and heaters. Within thirty (30) days of receipt of . completed application, the director shall approve or deny the Permit. (d) Reserved. .e) The applicant shall provide .roof of necessary insurance prior to receiving the Permit. (c) (7) Sec. 54-226. Permit require ' ents. (a) No person shall est. dish a Sidewalk and/or Street Cafe on any public street or sidewalk unless such perso' has obtained a valid permit to operate that Sidewalk and/or Street Cafe in such a mann pursuant to this article. (b) Permits shall •e issued only to validly licensed restaurants or food establishments that wish to provide t •Ies and chairs on the sidewalk(s) and/or On -Street / Parking Lanes adjacent to their b inesses for use by the general public. (c) In the r oconut Grove central commercial district, Permits shall be issued to Sidewalk Caf= 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 0 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 districts are solely for purposes of delineating affected geographic areas subject to this section and City of Miami Page 5 of 14 File ID: 9311 (Revision: B) Printed on: 3/25/2022 SUBSTITUTED File ID: 9311 Enactment Number: 14035 shall not convey any rights under the Miami 21 Code, the zoning ordinance of the City of Miami, Florida ("Miami 21 Code"), as amended or superseded. (d) No Sidewalk and/or Street 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 Transportatio (e) No Street Cafe Permit shall be issued by the City within any roadway under Miami-D.,.e County's jurisdiction in the absence of an approval from the Miami -Dade County Department of Transportation and Public Works ("DTPW"). (f) No Food Establishment located in the Coconut Grove Business Improvement District or Midtown Community Development District shall be eligible to receive a Stre• t Cafe Permit, Solely for the purposes of the Street Cafe Permit, the Coconut Grove Bu ' ess Improvement District shall mean all of the commercial properties consi nq of an eighteen (18) block area of the central commercial core of Coconut Grove as ►ore particularly described in Resolution No. R-08-0455. Solely for the purposes of e Street Cafe Permit, the Midtown Community Development District shall mean the qe. • raphic area encompassing approximately 57 acres in an area bounded by ' e Florida east coast right- of-way on the east, Northeast 29th Street on the south, Nort iami Avenue on the west, and Northeast 36th Street on the north, all as depicted in ibit "C" of Miami -Dade County Ordinance No. 03-271. Sec. 54-227. Standards and criteria for application review. The following standards and criteria shall be used ireviewing the drawing required in section 54-225(a)(5): (1) Sidewalk and/or Street Cafes are restrict-d to the sidewalk frontage of the licensed restaurant or food service establishme ► to which the Permit is issued; or within the contiguous sidewalk frontage of the • ilding where the licensed restaurant or food service establishment is located, p •vided that written approval is supplied by the building owner and any affected ssee. {2) Permits will not be issued wh of bus stops, taxistands, or (32) No tables and chairs will hydrant, bus stop, tax (42) The area to be conr'•ered shall have Sidewalks shall be a minimum of which aro nine feet (9') in width o greater, not including the curb. Subject to written approval of the property owner warrant issued in accordance with the Miami 21 Code and approval of the director .f the resilience and public works department, or his/her designee, a portion of t 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 ay line. All regulations stated in this article, except the Permit fee, shall be appli ble to any areas of private property included in the sidewalk Permit application. e the tables and chairs would be placed within five feet ounter service windows. e Permitted within five feet of a pedestrian crosswalk, fire and, or counter service window. (54) Si• -walk Cafes shall be located in such a manner that a minimum five -foot -wide clear destrian 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. City of Miami Page 6 of 14 File ID: 9311 (Revision: B) Printed on: 3/25/2022 SUBSTITUTED File ID: 9311 Enactment Number: 14035 (5) Street Cafes shall be protected and separated from traffic at all times with American Association of State Highway Transportation Officials' ("AASHTO") approved temporary water filled barriers, temporary concrete barrier systems, or other AASHTO approved traffic impact products to form a physical barrier around the Street Cafe perimeter to be paid for and maintained by the Permittee. All physical barriers sh- not be more than thirty-six inches (36") in height. Items placed along the perime -r of a Street Cafe shall not be located within street intersection visibility triangle a .efined in Section 54-1 of the City Code and shall not reduce the existing travel Ian width. Proposed material and design of screening shall be paid for and maintain:. by the Permittee upon approval by the Resilience and Public Works Departme . No rigid materials are permitted to be used along the traffic side of the tempory barriers. Glare screens shall not be permanently attached to the barrier wall -nd may require removal during non -business hours. Endorsements/advertising ar not permitted on enclosures, umbrellas, tableware, and covers except for the na ' e and/or logo of the restaurant and/or government, business improvement district ommunity development agency, or special district entity. (6) Objects used to form a physical barrier around the Side =Ik Cafe perimeter shall be permitted upon approval by the Resilience and Public orks Department. All physical barriers shall have a two -foot (2') clear path every twenty-five feet (25') and shall not be more than thirty-six inches (36") in height. Item placed along the perimeter of a Sidewalk Cafe shall not be located within street' ersection visibility triangles as defined in Section 54-1 of the City Code. Prop • ed materials and design shall be approved by the Resilience and Public Wor : Department prior to placement by the Permittee. No obstructions of stormwater uctures or gutters are allowed at any time. Glare screens shall not be permanently tached to the sidewalk, shall not be more than thirty-six inches (36") in height, a : shall be removed during non -business hours. Endorsements/advertising are not p= mitted on enclosures, umbrellas, tableware, and covers except for the name and/or oqo of the restaurant and/or government, business improvement district, community :evelopment agency, or special district entity, as applicable. (7) No portion of any object pl- ed in the Sidewalk Cafe shall extend into the five-foot (5') pedestrian path. (78) Tables, chairs, umbrel s, decking, and any other objects provided with the Sidewalk and/or Street Cafe shall be of quality design, materials, and technique; both to ensure the safety and co enience of users, and to enhance the visual and aesthetic quality of the urban env onment. Design, materials, and colors shall be harmonious with an urban environ ' ent 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. (g9) Awnings mbrellas and other decorative material shall be fire retardant pressure treated .r manufactured of fire resistive material. (9) No .'. Ilion of any object placed in the sidewalk cafe shall extend into the five foot estrian path. (10) n 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 and/or Street Cafe owner shall preserve and protect all existing trees and plantings in the public right-of-way to the satisfaction of the resilience and public works department and replace, entirely at the applicant Permittee's expense, any trees that are damaged as a result of the Sidewalk and/or City of Miami Page 7 of 14 File ID: 9311 (Revision: B) Printed on: 3/25/2022 SUBSTITUTED File ID: 9311 Enactment Number: 14035 Street 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' wor station, or greeting stations shall be portable and shall not be permanently attach to the wall of the abutting building, the sidewalk, or screen. Bus stations shall not permitted. (12) Umbrella height must be 84 inches above the sidewalk (highest point of th= sidewalk if not level). (13) A greeting station can be located closer to the sidewalk, but shall rem n within the confines of the Sidewalk Cafe footprint and a clear path maintained •ran unobstructed access to the main entrance, and along the pedestriclear path area. (14) Planters may be placed within the Sidewalk and/or Street Cafe •ut must be secured to ensure that they do not move on un level sidewalk. If planter are on wheels they must be locked. (15) Umbrellas and screens may be supported by a socket i he sidewalk. The resilience and public works department must approve the coring : nd capping method in advance and holes must be filled or capped when n• in use. (16) Lighting, fans and heaters are optional items. Lig levels shall be low and only directed towards the Sidewalk Cafe, • - - - - and not the street. Lighting, fans, and heaters shall comply with establish = • standards and criteria and with all applicable codes. (17) All portions of the Sidewalk Cafe that ar- ocated on private property not within the public right-of-way shall comply with C. of Miami zoning regulations. Sec. 54-228. Indemnification and insurance. (a) Applicant agrees to indemnify, defen', , and hold harmless the city, its officials, employees, agents, and, if applicable, its instru entalities and each of them from and against all loss, cost, penalties, fines, damages, . aims of any nature, including expenses and attorney's fees, and any and all liabilities % reason of injury to or death of any person, damage to, destruction, or Toss to any pr..erty including the city, its instrumentalities, officials, employees, and agents ari ng out of or in connection with the performance or non- performance of the servi.-s contemplated by this Permit/agreement which is directly or indirectly caused, in w .le or in part, by any act, omission, default, liability, or negligence, whether active or pa ive of the applicant, its employees, agents, servants, or contractors, unless such act or ',mission is solely caused by the city, its instrumentalities, officials, employees, and •ents. The applicant further agrees to indemnify, defend, and hold harmless the c , its instrumentalities, officials, employees, and agents against all liabilities which may b: asserted by an employee or former employee of the applicant or any of its contractors . s provided above for which the applicant's liability to such employee or former employe: would otherwise be limited to payments under workers' compensation or similar laws. I addition, the applicant understands and agrees that except where caused by the negligence or misconduct of the city, its instrumentalities, officials, employees, or agents, the ity shall not be liable for any loss, injury, or damage to any personal property or e.uipment of the applicant, its employees, agents, contractors, business licensees, or nvitees placed on city property and its instrumentalities and shall be at the sole risk of the applicant thereof. The applicant shall ensure that adequate safety precautions are in effect at all times during the term of the Permit. It shall be a further condition precedent to the issuance of any such Permit for placement of such Sidewalk or Street Cafe in the public City of Miami Page 8 of 14 File ID: 9311 (Revision: B) Printed on: 3/25/2022 SUBSTITUTED File ID: 9311 Enactment Number: 14035 right-of-way that the permit holdcr(s) Permittee is/are jointly and severally responsible, at each permit holder's Permittee's sole expense, for any damages regarding restoring the public right-of-way to its original condition before installation of facilities. The indemnification shall survive termination of this the Permit/agreement. Prior to the issuance of any such Permit, the applicant shall submit to the city a certifi ' ate of insurance with respect to commercial general liability with limits of at least $500,►.10.00 per occurrence, $1,000,000.00 policy aggregate, and any endorsements thereto ncluding, but not limited to, premises and operations liability, personal and advertising in'4ry, products and completed operations, and liquor liability. The certificate must r- lect primary and noncontributory language and list the city as an additional insured on - third -party liability policies including liquor. The insurance herein required shall rem. n in full force and effect at all times during the entire term of the Permit. Additionally, all 4ch insurance shall be subject to review and approval by the city's risk management dep . rtment. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida with the followin ; qualifications: The company must be rated no less than "A-" as to manage ►-nt and no less than Class "V" as to financial strength by the latest edition of Best's Inrance Guide, published by A.M. Best Company, Oldwick New Jersey, or its equival- t subject to the approval of the city's risk management department. Companies not m=-ting the above rating requirements shall submit proof of reinsurance from qualifying ins '-rs having or exceeding the required rating criteria. The registrant/applicant shall provide 30 days pr'•r written notice of cancellation to the city for any reason other than non-payment of preium in which ten days' notice shall apply. (b) ApplicantThe Permittee shall furnish the ci - with a certificate of insurance substantially in accordance to the insurance requiremen . contained in Exhibit A, available at the department of resilience and public wo s. It is understood and agreed that all coverage provided by the applicant shall be pri' ary and non-contributory, and its insurance shall have no right of recovery or subro• =tion against the city and if applicable, any of its instrumentalities. The departme ' of resilience and public works may modify the insurance requirements, if warranted. Sec. 54-229. Form and conditio of Permit. The Permit shall be issued on a form deemed suitable by the director. In addition to naming the Permittee and any othe information deemed appropriate by the director, the Permit shall contain the following con • tions: (1) Each Perm i hall be effective for one year, starting October 1st and ending Septembe 30th, subject to annual renewal. Fees for the initial year shall be prorated on a mo► hly basis. Permits are subject to annual renewals and applications shall be receiv= • by the department prior to October 1st. (2) Th (3) ermit issued shall be personal to the Permittee only and shall not be tr.nsferable in any manner. he Permit may be suspended by the Director when necessary to clear Sidewalk and On -Street Parking, 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 and/or Street Cafes when street, sidewalk, or utility repairs necessitate such action. City of Miami Page 9 of 14 File ID: 9311 (Revision: B) Printed on: 3/25/2022 SUBSTITUTED File ID: 9311 Enactment Number: 14035 (5) The department of resilience and public works or the police department may immediately remove or relocate require the removal or relocation of all or parts of the Sidewalk and/or Street Cafe in emergency situations. (6) The city and its officers and employees shall not be responsible for Sidewalk and/o Street Cafe components relocated during emergencies. (7) The Permit shall be specifically limited to the area shown on the "exhibit" atta ed to and made part of the Permit. (8) The Permittee shall use positive action to assure that its use of the sidew: k in no way interferes with or embarrasses sidewalk users or limits their free unobs ucted passage. (9) The Sidewalk and/or Street Cafe shall be opened for use by the g- era/ public and such use shall not be restricted to patrons of the Permittee. (10) Permittees holding a local business tax receipt or certificate • use limited to take-out food shall not be permitted to provide table service in the S':ewalk and/or Street Cafe. However, this shall not relieve the Permittee of the respo ' sibility to maintain the Sidewalk and/or Street Cafe as required in this section (11) Tables, chairs, umbrellas, and any other objects pro - ided with a Sidewalk and/or Street Cafe shall be maintained with a dean and . ractive appearance and shall be in good repair at all times. (12) The sidewalk right-of-way or a covered by thpermit shall be maintained in a neat and orderly appearance at all times and th- area shall be cleared of all debris on a periodic basis during the day, and again . the close of each business day. (13) No advertising signs or business iden ' !cation signs shall be permitted in the public right-of-wav; this shall not prohibit t use of umbrellas, glare screens, or menu boards carrying restaurant logoty• -s. Size and location of menu boards shall be approved by city. (14) No tables and chairs nor any other parts of Sidewalk and/or Street Cafes shall be attached, chained, or in an manner affixed to any tree, post, sign, or other fixtures, curb or Sidewalk within o near the permitted area. No additional outdoor seating authorized herein shall .e used for calculating seating requirements pertaining to location of, applicatio-s for, or issuance of a liquor license for any establishment or be used as the basis f► computing required seating for restaurants and dining rooms or as grounds for clming exemption from such requirements under the provisions of any city ordina e or state law. (15) Except as privided in section 54-227, the permit covers only the public sidewalk right- of-way. T..les and chairs on private property will be governed by other applicable regulati• s. The permit shall include a reference to the applicant complying with all requir: ents for Sidewalk and/or Street Cafes set forth in in article VI of this Code. Wh- e an applicant that is already legally operating a Sidewalk and/or Street Cafe at a leed location submits a lease executed prior to March 1, 2016, the owner consent quirement stated herein shall not apply until such time as the current term of such lease ends. 6) The Permittee shall notify the director of resilience and public works, in writing, when operation of the Sidewalk and/or Street Cafe begins. Said notice shall be delivered to the director within 24 hours of such commencement. City of Miami Page 10 of 14 File ID: 9311 (Revision: B) Printed on: 3/25/2022 SUBSTITUTED File ID: 9311 Enactment Number: 14035 (17) The issuance of a Sidewalk and/or Street Cafe permit does not grant or infer vested rights to use of the sidewalk area right-of-way 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-•f- way in a manner which causes persons to accumulate and obstruct the pedestri path. Entertainment and sound speakers shall comply with the city's noise reg ations. 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 and/Street Cafe authorized in the city if it is found that: (1) Any necessary business or health permit has been suspended, r• yoked, or cancelled. (2) The Permittee does not have insurance which is correct and - ective in the minimum amount described in section 54-228, or has failed to make - quarterly permit fee payment when due. Changing conditions of pedestrian or vehicular traffic c.use congestion necessitating removal of Sidewalk and/or Street Cafe. Such decisit n shall be based upon findings of director that the minimum five-foot pedestrian p is insufficient under existing circumstances and represents a danger to the h:.Ith, safety, or general welfare of pedestrians or vehicular traffic. (4) The Permittee has failed to correct violatio : of this article or conditions of his/her permit within three days of receipt of the • rector's notice of same delivered in writing to the Permittee. The Permittee has failed to take pos ve actions to prohibit violations from recurring. The Permittee has failed to make odifications within three days of receipt of the director's notice of same delive -d in writing to the Permittee. Tables, chairs, and other ve iges of said Sidewalk and/or Street Cafe in the right-of- way may be removed by t department of resilience and public works, and a reasonable fee charged •r labor, transportation, and storage, should the Permittee fail to remove said ite ► within 3gtwenty-four (24) hours of receipt of the director's final notice to do so •r any reason provided for under this article. If the final notice is sent based on subsection (a)(2) or (3) of this section, the removal action shall become effective upon t receipt of such notice and the Permittee shall have four hours to remove said it s or to, within that time, request, in writing, a meeting with the department , resilience and public works director to contest the final notice. The fees incurred b the department of resilience and public works and/or other agents of the city who ' plement the removal shall be billed to the violator and if the fees remain unpai• or 30 days, shall be imposed as a municipal lien against the real and personal pro. . •rty of the violator and shall be recorded in the public records of Miami -Dade C. nty, and may be foreclosed by the city as such, pursuant to F.S. § 166.021. In ddition, the city may utilize the code enforcement procedures set forth in chapter 2, article X, to address any violations. (b) pon 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. (3) (5) (6) (7) City of Miami Page 11 of 14 File ID: 9311 (Revision: B) Printed on: 3/25/2022 SUBSTITUTED File ID: 9311 Enactment Number: 14035 Sec. 54-231. Appeals instituted by the Permittee. (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 commis- on by such filing within ten days. (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 dir tor of resilience and public works thereof. At the hearing upon appeal, the city com sion shall hear and determine the appeal, and the decision of the city commission sha •e final and effective immediately. (c) The filing of a notice of appeal by a Permittee shall not stay an order b he director to remove a Sidewalk and/or Street Cafe or parts thereof. Vestiges of t Sidewalk and/or Street Cafe shall be removed immediately, as set out in section 54- 30, pending disposition of the appeal and final decision of the city commissio (d) A Permit which has been suspended or revoked pursuant to s: ction 54-230(a)(1), (2) or (4) may be reinstated by the director of the department of resili- ce and public works at such time as the Permittee has demonstrated that the violation ' as been corrected to the satisfaction of the Department of Resilience and Public 'forks. (e) A new Permit shall not be issued or an existing perm shall not be reinstated for a minimum period of six months after said issuance • reinstatement has been denied by the director of resilience and public works, or in the e ent of an appeal, by the city commission. Sec. 54-232. Appeals for Street Cafe Permit Aggro al. (a) Notice. Within 48 hours of issuing the inte .ed decision to approve a Street Cafe permit, the Director shall notify the Permittee an . post a notice of the intended decision on or adjacent to the subject property in a location where it is visible to the general public. The posting shall provide a general desc tion and location of the proposed Street Cafe permit. The intended decision sha also be sent to the business improvement districts of the City in that area, as applicab (b) Issuance of permit. If no app-:I is received within ten (10) calendar days of the issuance of the intended decision pu . uant to Section 54-232(c) of the City Code, the Street Cafe permit shall be issued. T property owner shall ensure that the Street Cafe permit is displayed in the busine 's storefront which shall be visible to the public at all times. (c) Appeals to the Plan ' q, Zoning, and Appeals Board ("PZAB"). Any aggrieved party having standing u er state law may appeal to the PZAB any decision of the Director on matters relating . the approval of a Street Cafe by filing a written notice of appeal to the Director as es : •lished in Chapter 54, Article VI of the Code within ten (10) calendar days after the dat of the intended decision. The notice of appeal shall include the decision appealed f'.m and the reasons or grounds for the appeal. A person or entity whose interests n the proceeding are adversely affected in a manner greater than those of the gener- public may request Intervenor status as defined in this Chapter. PZAB shall hear and -onsider all facts material to the appeal. PZAB may affirm, modify, or reverse the de' ision of the Director. • II appeals to the PZAB in accordance with this Article shall be accompanied by a fee of $315.00 except for appeals initiated by abutting property owners as defined in the Miami 21 Code for which a Street Cafe is sought. Appeals by a member who owns property within 500 feet of the subject property shall pay a reduced appeal fee of $157.50. City of Miami Page 12 of 14 File ID: 9311 (Revision: B) Printed on: 3/25/2022 SUBSTITUTED File ID: 9311 Enactment Number: 14035 (d) Appeals to the City Commission. Any aggrieved party having standing under state law, may appeal to the City Commission any decision of the PZAB on matters relating to applications for Street Cafe permits by filing a written notice of appeal with the Office of Hearing Boards within fifteen (15) calendar days after the date of the PZAB decision. Th notice of appeal shall include the decision appealed from and the reasons or grounds .r the appeal. The City Commission shall conduct a hearing de novo as a body of origi►al jurisdiction upon any appeal and/or review from an appealable decision under the rms of this Article. A person whose interests in the proceeding are adversely affected i a manner greater than those of the general public may request Intervenor status as defi -d in this Chapter. New evidence or materials may be received by the City Commissiwhere such evidence or materials are pertinent to a determination of the appeal. The y Commission may hear the testimony of witnesses and/or any other evidence offered any person aggrieved or by any officer, board, or agency of the City affected ther- .y or by any interested party having an interest in the appeal under state law an. ay, in conformity with this Article and other applicable laws, rules, and regulations, -nder its decision. The City Commission shall hear and consider all facts material to th_ appeal and may affirm, modify, or reverse, in whole or in part, with or without conditio ► , PZAB's decision. All appeals to the City Commission in accordance with this section shall be accompanied by a fee of $525.00 plus $4.50 per mailed notice to the at acent owners within a 500-foot radius. A certified list of said adjacent owners shall be ► ovided with all appeals. However, no fees shall be assessed for appeals initiated by ab . tinq property owners defined by the Miami 21 Code for which a Street Cafe permit is s. qht. Appeals by an individual or entity that owns property within 500 feet of the subject property shall pay a reduced appeal fee of $262.50. The decision of the City Commission shall c-.nstitute final administrative review and no petition for rehearing or reconsideration s .II be considered by the City. Appeals from decisions of the City Commission may . - made to a court of law as provided by the Florida Rules of Appellate Procedure. (c) Notice. All public hearings on appe- s shall include notice of the time and place of the public hearing mailed at least to 10) calendar days in advance of the hearing to the owner of the subject property - d the owners of the adjacent properties. At least ten (10) calendar days in advance of ' e hearing, a skin, in compliance with the provisions of Section 62-19 of the City C.de, shall also be posted on the subject property. (d) No Street Cafe permitte% during an appeal. Upon timely submission of an appeal made pursuant to the requir- ents of this Section, no Street Cafe that is subject of an appeal is permitted until final sposition of the appeal. A violation of this Subsection will automatically res in an additional $500.00 fine payable to the City's parking trust fund applicable to the property or, if not located within a designated parking trust fund district, payable to th ity's Transportation Trust Fund established in Chapter 35 of the City Code, for e. h separate violation of this Section. Sec. 54-2323. ` nforcement. Enforcment shall be as prescribed by Chapter 2, Article X, Code Enforcement, and any other re dies as provided by law. Secs..4-234-54-260. Reserved. City of Miami Page 13 of 14 File ID: 9311 (Revision: B) Printed on: 3/25/2022 SUBSTITUTED File ID: 9311 Enactment Number: 14035 Section 6. 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 7. This Ordinance shall become effective thirty (30) days after final reading a adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: is Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) ays 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 14 of 14 File ID: 9311 (Revision: B) Printed on: 3/25/2022 4ti[� (It' SUBSTITUTED • "..,., " . r•tr— / . t t° City of Miami Legislation Ordinance 71 File Number: 9311 I tii' ''ate. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTE 54/ARTICLE VI OF THE CODE OF THE CITY MIAMI, FLORIDA, AS AME 'ED, TITLED "SIDEWALK CAFES". TO INCLUDE STREET CAFES, FEES, P 'MIT REQUIREMENTS, AND PERMIT CRITERIA; CONTAINING A SEVER ILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. R-20-0156 adopted on ay 14, 2020, the City Commission authorized the City Manager to identify feasible portions City of Miami ("City") rights -of -way that may be repurposed for pedestrian and Sidewalk :fe usage ('Outdoor Dining Program") and to take any and all steps necessary to effectuate s h repurposing until August 20, 2020 in order to assist businesses negatively affected by th- ovel Coronavirus (" COVID- 19") pandemic: and WHEREAS, pursuant to Resolution No. R-20-023 adopted on July 23. 2020, the City Commission extended the Outdoor Dining Program to f her assist struggling businesses; and WHEREAS, pursuant to Resolution R-21-01 , adopted on April 22, 2021, the City Commission directed the City Manager to take an and all steps necessary to make the temporary Outdoor Dining Program permanent; nd WHEREAS, Chapter 54, Article VI o he Code of the City of Miami, Florida, as amended ("City Code"), establishes the requiremen : for the placement of Sidewalk Cafe's within the public right-of-way; and WHEREAS, this proposed o .finance will establish a permanent program for the permitting of Street Cafes within S -Street Parking areas adjacent to a business licensed to operate as a restaurant or take-• t food establishment; NOW, THEREFORE BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Th . 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 Chapter 54 of the City Code is further amended in the following particulars:1 "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE VI, SIDEWALK AND STREET CAFES ' Words and/or figures stricken through shall be deleted, Underscored words and/Dr figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and i.tnchan aed.materiai. . City of Miami Fife ID: 9311 (Revision: A) Printed On: 1119/2021 SUBSTITUTED Sec. 54-221. Statement of purpose. (a) The primary function of sidewalks is for pedestrian movement and sidewalk Cafes shall -o interfere with their use. (b) The primary functions of On -Street Parking are to provide access to destinations al%ng a street, aid in speed reductions, and provide a buffer between the sidewalk edge . d moving traffic. (bc) Sidewalk and Street Cafes will be ADA compliant must comply with all Ame ' ans with Disabilities Act ("ADA") requirements and regulations. (ed) A safe, secure and comfortable environment will be maintained for ped strians using the public right-of-way. A -Sidewalk and Street Cafes shall enhance the vitality of the stre-. environment. Leff A Sidewalk and Street Cafes shall be compatible with adjacent .treetscape elements in terms of design and construction. Sec. 54-222. Permit required. Operating a sidewalk and/or Street Cafe on city without a permit. No person shall conduct business as he permit from the director of the department of resilience therefor to the director of finance or his/her designee of the City of Miami. It shall be unlawful for any per on any city right-of-way exce Sec. 54-223. Definitions. As used in this article: Cafe zones means any public side alk area within the city that complies with the requirements of article VI of this chap -r. Director means the director o he department of resilience and public works. Food establishment mean an establishment serving prepared food to be consumed on or off premises. right-of-way shall be unlawful ein defined without first obtaining a nd public works and paying the fee nd the Department of Off -Street Parking n to operate a sidewalk and/or Street Cafe as provided by this article. On -Street Parking /P:rkinp Lane means that area within the public right-of-way designated for vehicular .arking without obstructing the flow of travel lanes generally located between the edge of v icular travel lanes and the front of sidewalks. Permit means grant of authority by the city to operate a sidewalk and/or Street Cafe, subject to compy ce, as a condition precedent to the initial issuance of such permit and any renewals there. ' with all requirements, conditions or criteria set forth in this article for the issuance and aintenance of a sidewalk and/or Street Cafe permit. A permit shall be valid for a maximum o one year in duration and shall be renewable on an annual basis upon full compliant- with all application requirements. P-rmittee means the recipient of a sidewalk Cafe permit under the terms and provisions of this . icle. Sidewalk means that portion of the street between the curb lines or the lateral lines of a on -driving lane separated by curb or bollards and the adjacent property lines where a five-foot minimum clearance is available to and intended for use by pedestrians. City of Miami File ID: 9311 (Revision: A) Printed On: 11/9/2021 SUBSTITUTED 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. Street Cafe means the permitted placing or locating of outdoor furniture, including but n. limited to, chairs and tables within the On -Street Parking area adjacent to a business licen -d to operate as a restaurant or take-out food establishment. State road shall mean those roadways that are part of the state highway system der the jurisdiction of the Florida Department of Transportation. Sec. 54-224. Fees and security deposit. (a) Sidewalk Cafe: {a)th A non-refundable application fee of $175.00 and initial inspec '.n fee of $10.00 shall accompany the Sidewalk Cafe application. {#)] The fee for an annual permit for establishing or maint.' ing a sidewalk Cafe shall be $11.50 per square foot of usable sidewalk right-of-way rea, as determined by the department of resilience and public works. The sidewal afe permit year shall begin on October 1 and end on September 30. The fee for . y sidewalk Cafe permitted during the permit year shall be prorated on a month , basis to the end of the current permit year. The full annual permit fee shall be du • and payable on or before October 1. Payment received more than ten (10) calend- days after the due date shall be charged a late fee of ten percent of the paym: t amount due. Failure to make a required payment within thirty (30) calendar :ays of the due date shall constitute a basis for and result in immediate license spension and forfeiture to any right and interest to the security deposit or perfor ance bond. (c)) Failed permit inspections are s .ject to a reinspection fee of $95.00. {d)l Security deposit. Upon issuce of the permit, the permittee shall provide a security deposit in an amount s icient to secure one -quarter of the permit fee. All documentation, including the rm of the security deposit, shall be subject to the approval of the City Attorne as to form and correctness. In the event the permittee fails to make an annual p. ment within thirty (301 days of the date due, the permittee shall forfeit any right an interest to the security deposit, whichever may be applicable, and the entire amoun .f the security deposit shall be retained by the city or its designee. The per ' tee shall have no recourse against this retention by the city when payment by the p mittee is untimely. (b) Street Cafe: (1) A non-refu :able application fee of $175.00 and initial inspection fee of $10.00 shall accompa the Street Cafe application to be submitted to the Department of Off -Street Parking (2) The e for a monthly permit for establishing or maintaining a Street Cafe shall be de rmined and approved by the Department of Off -Street Parking. The Street Cafe • -rmit shall begin on October 1 and end on a monthly basis. The full amount for a permit fee shall be due and payable seven (7) calendar days in advance of the effective term of the permit. Payment received more than ten (10) calendar days after the due date shall be charged a late fee of ten percent (10%) of the payment amount due. Failure to make a required payment within thirty (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. (3) Failed permit inspections are subject to a reinspection fee of $95.00. City of Miami File ID: 9311 (Revision: A) Printed On: 11/9/2021 SUBSTITUTED (4) Security deposit. Upon issuance of the permit, the permittee shall provide a security deposit in an amount sufficient to secure three (3) times the amount 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 thirty (30) days of the date due, the permittee shall forfeit any right and interest to the security deposit, whichever may be appli•-ble, and the entire amount of the security deposit shall be retained by the City or it designee. The permittee shall have no recourse against this retention by the ity when payment by the permittee is untimely. Sec. 54-225. Permit application. (a) Application for a permit to operate a Sidewalk and/or Street Cafe shall b= made at the department of resilience and public works in a form deemed appropria - by the director. Such application shall include, but not be limited, to the following inf. mation: (1) Name and address of the applicant; (2) A copy of a valid City business license to operate a resta ant 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 current survey (certified if required by other age'cies having jurisdiction over the area) of the sidewalk area including adjacent ro..way and property lines. (5) A drawing (minimum scale of one-fourth inch -quals one foot) showing the layout and dimensions of the existing sidewalk area, p. rking lane, and adjacent private property, proposed location, size and number of al . utdoor furniture, including but not limited to, tables, chairs, umbrellas, location of .00rways, location of trees, parking meters, bus shelters, sidewalk benches, tras receptacles, glare screens, menu boards, heaters, fans, planters and any other sidewalk obstruction either existing or proposed within the pedestrian area; (6) Photographs, drawings, or ma- ufacturers' brochures fully describing the appearance of all proposed tables, chair , umbrellas, or other objects related to the sidewalk and/or Street Cafe; and Photograph of subject eet right-of-way where sidewalk and/or Street Cafe is proposed. (b) Applications shall be re iewed by the following departments: resilience and public works;, planning, and zoning eighborhood enhancements team, risk management, and finance. Building departme review is required for any semi -permanent installations, lighting, electrical connec'.ns, fans, and heaters. (7) (c) Within thirty (3 deny the per it. (d) Reserved days of receipt of a completed application, the director shall approve or (e) The applicant shall provide proof of necessary insurance prior to receiving the permit. Sec. 54- 26. Permit requirements. (a) o person shall establish a Sidewalk and/or Street Cafe on any public street or sidewalk unless such person has obtained a valid permit to operate that Sidewalk and/or Street Cafe in such a manner pursuant to this article. (b) Permits shall be issued only to validly licensed restaurants or food establishments that wish to provide tables and chairs on the sidewalk(s) and/or On -Street / Parking Lanes adjacent to their businesses for use by the general public. City of Miami File ID: 9311 (Revision: A) Printed On: 11/9/2021 SUBSTITUTED (c) In the Coconut Grove central commercial district, permits shall be issued to Sidewalk and/or Street Cafes in conjunction with "food establishments" and validly licensed restaurants, provided the establishment provides required off-street parking at a rate of on parking space per 100 square feet for the Sidewalk and/or Street 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 art' e, references to specific districts are solely for purposes of delineating affected geogr. •hic areas subject to this section and shall not convey any rights under the Miami 21 rode, the zoning ordinance of the City of Miami, Florida ("Miami 21 Code"), as amended %r superseded. (d) No Sidewalk and/or Street Cafe permit shall be issued by the city within a r state road right-of-way in the absence of an approval from the Florida Department %. Transportation. (e) No Street Cafe permit shall be issued by the City within any roadway nder Miami -Dade County's jurisdiction in the absence of an approval from the Miami-r ade County Department of Transportation and Public Works ("DTPW'). Sec. 54-227. Standards and criteria for application review. The following standards and criteria shall be used in revie , ng the drawing required in section 54-225(a)(5): (1) Sidewalk and/or Street Cafes are restricted to th sidewaik frontage of the licensed restaurant or food service establishment to wh' the permit is issued; or within the contiguous -si€1-ewalk frontage of the building here the licensed restaurant or food service establishment is located, provided at written approval is supplied by the building owner and any affected lessee. (2) Pcrmits will not bc icucd where the t •Ics and chairs would bc placed within five feet of bus stops, taxistands, or counter crvicc windows. (32) No tables and chairs will be per ' ted within five feet of a pedestrian crosswalk, fire hydrant, bus stop, taxistand, or ounter service window. (43) Tho area to bc considered ' all have Sidewalks shall be a minimum of which aro nine feet (9') in width or greate , not including the curb. Subject to written approval of the property owner, a warraissued in accordance with the Miami 21 Code and approval of the director of the r ilience and public works department, or his/her designee, a portion of the requir- • nine feet of width may be provided on an Americans with Disabilities Act (" A iA") 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 . y areas of private property included in the sidewalk permit application. (54) Sidewalk Cafes shall be located in such a manner that a minimum five -foot -wide clear pedestri. ' path is maintained at all times. In areas of congested pedestrian activity, the dir- tor is authorized to require a wider pedestrian path, as circumstances dictate. The . -destrian path zone surrounding the Sidewalk Cafe area shall not be en mbered in any way by the placement of menu boards, planters, or bicycles a- ixed or leaned against the Sidewalk Cafe enclosure. Menu boards will be allowed ithin the Sidewalk Cafe footprint and shall have no advertising other than the menu and restaurant information. Street Cafes shall be •rotected and se.arated from traffic at all times with American Association of State Highway Transportation Officials' ("AASHTO") approved temporary water filled barriers, temporary concrete barrier systems, or other AASHTO approved traffic impact products to form a physical barrier around the Street Cafe perimeter. All physical barriers shall not be more than thirty-six inches (36") in height. Items placed along the perimeter of a Street Cafe shall not be located within street City of Miami File ID: 9311 (Revision: A) Printed On: 11/9/2021 SUBSTITUTED intersection visibility triangle as defined in Section 54-1 of the City Code and shall not reduce the existing travel lanes' width. Proposed material and design of screening shall be approved by the Resilience and Public Works Department. No rigid materials are permitted to be used along the traffic side of the temporary barriers. Glare scree shall not be permanently attached to the barrier walls and may require removal du ' q non -business hours. Endorsements/advertising are not permitted on enclosures umbrellas, tableware, and covers except for the name and/or logo of the resta ant. (7) Objects used to form a physical barrier around the Sidewalk Cafe perimete hall be permitted. All physical barriers shall have a two -foot (2') clear path every enty-five feet (25') and shall not be more than thirty-six inches (36") in height. Ite- s placed along the perimeter of a Sidewalk Cafe shall not be located within str:et intersection visibility triangles as defined in Section 54-1 of the City Code. Prop • ed materials and design shall be approved by the Resilience and Public Works Department. No obstructions of stormwater structures or gutters are allowed at y time. Glare screens shall not be permanently attached to the sidewalk, s .11 not be more than thirty-six inches (36") in height, and shall be removed durini non -business hours. Endorsements/advertisinq are not permitted on enclosur_., umbrellas, tableware, and covers except for the name and/or logo of the restaura r . (8) No portion of any object placed in the Sidewalk Caf shall extend into the five-foot pedestrian path. (79) Tables, chairs, umbrellas, decking and any oth objects provided with the Sidewalk and/or Street Cafe shall be of quality design, aterials, and technique; both to ensure the safety and convenience of users, and t. enhance the visual and aesthetic quality of the urban environment. Design, meteri, s, and colors shall be harmonious with an urban environment so as to reduce vis :I clutter and enhance aesthetics. Landscape maintenance must be done on a reg ar basis to ensure the health of plant materials. (310) Awnings, umbrellas and othedecorative material shall be fire retardant pressure treated, or manufactured of fire-sistive material. {9) No portion of any object place • pedestrian path. 0411) In certain areas wit in city where streetscape enhancements have been installed changes are not perm ed to the sidewalk paving and must not be damaged by enclosures, signage etc. Sidewalk and/or Street Cafe owner shall preserve and protect all existing rees and plantings in the public right-of-way to the satisfaction of the resilience a . public works department and replace, entirely at the applicant's expense, any ees that are damaged as a result of the Sidewalk and/or Street Cafe. Trees shall .t be used to support wires or to place any signs, screws, nails, staple, ropes, bra- ets, banding or other hardware. in thc sidewalk cafe shall cxtcnd into thc five foot (.11. 12) Sidewalk Cafe furnishings and fixtures, including any required bar unit, servers' work : ation, or greeting stations shall be portable and shall not be permanently atthed to the wall of the abutting building, the sidewalk, or screen. Bus stations shall be permitted. ( 3) Umbrella height must be 84 inches above the sidewalk (highest point of the sidewalk if not level). (13 14) 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. (4-4 15) Planters may be placed within the Sidewalk and/or Street 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. City of Miami File ID: 9311 (Revision: A) Printed On: 11/9/2021 SUBSTITUTED (45 16) Umbrellas and screens may be supported by a socket in the sidewalk. The resilience and public works department must approve the coring and capping method in advance and holes must be filled or capped when not in use. (4-6 17) Lighting, fans and heaters are optional items. Light levels shall be low and only directed towards the Sidewalk Cafe, rather than toward& and not the street. Lighti fans, and heaters shall comply with established standards and criteria and with applicable codes. (18) All portions of the Sidewalk Cafe that are located on private property n within the public right-of-way shall comply with City of Miami zoning regulations. Sec. 54-228. Indemnification and insurance. (a) Applicant agrees to indemnify, defend, and hold harmless the city, its o cols, employees, agents, and, if applicable, its instrumentalities and each of them from . nd against all loss, cost, penalties, fines, damages, claims of any nature, including exp ses and attorney's fees, and any and all liabilities by reason of injury to or death of a person, damage to, destruction, or Toss to any property including the city, its instru ntalities, officials, employees, and agents arising out of or in connection with tho performance or non- performance of the services contemplated by this permit/a. --ement which is directly or indirectly caused, in whole or in part, by any act, omissio default, liability, or negligence, whether active or passive of the applicant, its employee:, agents, servants, or contractors, unless such act or omission is solely caused by the ci , its instrumentalities, officials, employees, and agents. The applicant further agre-. to indemnify, defend, and hold harmless the city, its instrumentalities, officials, e ' ployees, and agents against all liabilities which may be asserted by an employee or for r employee of the applicant or any of its contractors as provided above for which the .. plicant's liability to such employee or former employee would otherwise be limited to pa ents under workers' compensation or similar laws. In addition, the applicant understan• and agrees that except where caused by the negligence or misconduct of the city, its 'nstrumentalities, 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 emp %yees, agents, contractors, business licensees, or invitees placed on city property a : its instrumentalities and shall be at the sole risk of the applicant thereof. The applican hall ensure that adequate safety precautions are in effect at all times during the term of e permit. It shall be a further condition precedent to the issuance of any such perm i or placement of such Sidewalk Cafe in the public right-of-way that the permit holder(s) i are jointly and severally responsible, at each permit holder's sole expense, for any d ages regarding restoring the public right-of-way to its original condition before insta -tion of facilities. The indemnification shall survive termination of this permit/agreement. Prior to the issu-' ce of any such permit, the applicant shall submit to the city a certificate of insurance with espect to commercial general liability with limits of at least $500,000.00 per occurrence, " ,000,000.00 policy aggregate, and any endorsements thereto, including, but not limited •, premises and operations liability, personal and advertising injury, products and corn,. eted operations, and liquor liability. The certificate must reflect primary and nonco ributory language and list the city as an additional insured on all third -party liability polio including liquor. The insurance herein required shall remain in full force and effect at I times during the entire term of the permit. Additionally, all such insurance shall be bject to review and approval by the city's risk management department. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida with the following qualifications: The company must be rated no less than "A-" as to management and no Tess than Class "V" as to financial strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick New Jersey, or its equivalent subject to the approval of the City of Miami File ID: 9311 (Revision: A) Printed On: 11/9/2021 SUBSTITUTED city's risk management department. Companies not meeting the above rating requirements shall submit proof of reinsurance from qualifying insurers having or exceeding the required rating criteria. The registrant/applicant shall provide 30 days prior written notice of cancellation to the cit for any reason other than non-payment of premium in which ten days' notice shall appl (b) Applicant shall furnish the city with a certificate of insurance substantially in accorda-ce to the insurance requirements contained in Exhibit A, available at the department of silience and public works. It is understood and agreed that all coverage provided by the •plicant shall be primary and non-contributory, and its insurance shall have no right of --covery or subrogation against the city and if applicable, any of its instrumentalities. Th- department of resilience and public works may modify the insurance requirements, if rranted. Sec. 54-229. Form and conditions of permit. The permit shall be issued on a form deemed suitable by the direct • In addition to naming the permittee and any other information deemed appropriate by the dir ctor, the permit shall contain the following conditions: (1) Each permit shall be effective for one year, starting Oct. •er 1st and ending September 30th, subject to annual renewal. Fees for e initial year shall be prorated on a monthly basis. Permits are subject to annual r: ewals and applications shall be received by the department prior to October 1st. (2) The permit issued shall be personal to the per ittee only and shall not be transferable in any manner. The permit may be suspended by the dir tor when necessary to clear Sidewalk and On -Street Parking areas for a "commu ' y or special event" authorized by a permit issued by the police department. (4) The director may require the temp• ary removal of Sidewalk and/or Street Cafes when street, sidewalk, or utility repairs ecessitate such action. The department of resilience . d public works or the police department may require the removal or relocation of all or parts of the Sidewalk and/or Street C. e in emergency situations. (6) The city and its officer and employees shall not be responsible for Sidewalk and/or Street Cafe compon= is relocated during emergencies. The permit shall b specifically limited to the area shown on the "exhibit" attached to and made part • the permit. (8) The permitte shall use positive action to assure that its use of the sidewalk in no way interferes h or embarrasses sidewalk users or limits their free unobstructed passage The S':ewalk and/or Street Cafe shall be opened for use by the general public and suc use shall not be restricted to patrons of the permittee. (10) P-rmittees holding a local business tax receipt or certificate of use limited to take-out ood shall not be permitted to provide table service in the Sidewalk and/or Street Cafe. However, this shall not relieve the permittee of the responsibility to maintain the Sidewalk and/or Street Cafe as required in this section. (11) Tables, chairs, umbrellas, and any other objects provided with a Sidewalk and/or Street Cafe shall be maintained with a clean and attractive appearance and shall be in good repair at all times. (3) (5) (7) (9) City of Miami File ID: 9311 (Revision: A) Printed On: 11/9/2021 SUBSTITUTED (12) The s°�,dowaik right-of-way orco 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 restaurant logotypes. Size and location of menu boards shall be approved by city. (14) No tables and chairs nor any other parts of Sidewalk and/or Street Cafes s .II be attached, chained, or in any manner affixed to any tree, post, sign, or oth fixtures, curb or Sidewalk within or near the permitted area. No additional outdo• seating authorized herein shall be used for calculating seating requirements • -rtaining to location of, applications for, or issuance of a liquor license for any -:tablishment or be used as the basis for computing required seating for restaurants . d dining rooms or as grounds for claiming exemption from such requirements un. • r the provisions of any city ordinance or state law. (15) Except as provided in section 54-227, the permit covers or y the public sid ik right- of-way. Tables and chairs on private property will be go -rned by other applicable regulations. The permit shall include a reference to th; applicant complying with all requirements for Sidewalk and/or Street Cafes set f. h in in article VI of this Code. Where an applicant that is already legally operati s a Sidewalk and/or Street Cafe at a leased location submits a lease executed prior t• March 1, 2016, the owner consent requirement stated herein shall not apply until :uch time as the current term of such lease ends. (16) The permittee shall notify the director of operation of the Sidewalk and/or Stree the director within 24 hours of such c silience and public works, in writing, when afe begins. Said notice shall be delivered to mmencement. (17) The issuance of a Sidewalk and/oStreet Cafe permit does not grant or infer vested rights to use of the _ - right-of-way by the permittee. The city retains the right to deny the issuance of ..ermit or the renewal of a permit. (18) No entertainment or sound .peckers shall be placed within or adjacent to the right-of- way in a manner which c.. ses persons to accumulate and obstruct the pedestrian path. Entertainment an,. sound speakers shall comply with the city's noise regulations. Sec. 54-230. Denial, revocati• , or suspension of permit; removal and storage fees; emergencies. (a) The director may d ny, revoke, or suspend a permit for any Sidewalk and/or Street Cafe authorized in the ity if it is found that: (1) Any nec-.:sary business or health permit has been suspended, revoked, or cancelled. (2) The p: mittee does not have insurance which is correct and effective in the minimum am.4nt described in section 54-228, or has failed to make a quarterly permit fee p ment when due. (3) hanging conditions of pedestrian or vehicular traffic cause congestion necessitating removal of Sidewalk and/or Street Cafe. Such decision shall be based upon findings of director that the minimum five-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/her permit within three days of receipt of the director's notice of same delivered in writing to the permittee. City of Miami File 1D: 9311 (Revision: A) Printed On: 11/9/2021 (7) SUBSTITUTED (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. Tables, chairs and other vestiges of said Sidewalk and/or Street Cafe in the ri•ht-o way may be removed by the department of resilience and public works, and a reasonable fee charged for labor, transportation, and storage, should the per ee fail to remove said items within 36twenty-four (24) hours of receipt of the directo final notice to do so for any reason provided for under this article. If the final no ' e is sent based on subsection (a)(2) or (3) of this section, the removal action shall •ecome effective upon the receipt of such notice and the permittee shall have f► r hours to remove said items or to, within that time, request, in writing, a meeti • with the department of resilience and public works director to contest the fi .I notice. The fees incurred by the department of resilience and public works and/or ether agents of the city who implement the removal shall be billed to the violator a►. if the fees remain unpaid for 30 days, shall be imposed as a municipal lien aga st the real and personal property of the violator and shall be recorded in the public -cords of Miami -Dade County, and may be foreclosed by the city as such, purs nt to F.S. § 166.021. In addition, the city may utilize the code enforcement pro•-dures set forth in chapter 2, article X, to address any violations. (b) Upon denial or revocation, the director shall give notic; of such action to the applicant or the permittee in writing stating the action which has • -en 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 permi ee. Otherwise, such notice shall become effective within ten days unless appealed to the city commission. Sec. 54-231. Appeals. (a) Appeals shall be initiated within ten day 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 im ediately may also be appealed to the city commission by such filing within ten days. (b) The city manager shall place t appeal on the first non -planning and zoning city commission agenda for whic proper notice can be given and shall notify the director of resilience and public works ereof. At the hearing upon appeal, the city commission shall hear and determine the a ',peal, and the decision of the city commission shall be final and effective immediately. (c) The filing of a notice •f appeal by a permittee shall not stay an order by the director to remove a Sidewal and/or Street Cafe or parts thereof. Vestiges of the Sidewalk and/or Street Cafe shal •e removed immediately, as set out in section 54-230, pending disposition oft- a appeal and final decision of the city commission. (d) A permit w h has been suspended or revoked pursuant to section 54-230(a)(1), (2) or (4) may be r-' stated by the director of the department of resilience and public works at such time as e permittee has demonstrated that the violation has been corrected to the satisf• tion of the department of Resilience and public works. (e) A -w permit shall not be issued or an existing permit shall not be reinstated for a minimum riod of six months after said issuance or reinstatement has been denied by the director of resilience and public works, or in the event of an appeal, by the city commission. c. 54-232. Enforcement. Enforcement shall be as proscribed by Chapter 2, Article X, Code Enforcement, and any other remedies as provided by law. City of Miami File ID: 9311 (Revision: A) Printed On: 11/9/2021 SUBSTITUTED Secs. 54-233-54-260. Reserved. Section 6. 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 affecte Section 7. This Ordinance shall become effective thirty (30) days after final read' g and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 2 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: 9311 (Revision: A) Printed On: 11/9/2021 SUBSTITUTED City of Miami Legislation Ordinance File Number: 9311 if r hi f j CT LA ' '' 9: 7 FinaliAction AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE VI OF THE CODE OF THE CITY MIAMI, FLORIDA, AS AMENDD, TITLED "SIDEWALK CAFES', TO INCLUDE STREET CAFES. FEES. PERIT REQUIREMENTS, AND PERMIT CRITERIA; CONTAINING A SEVERAB ITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, pursuant to Resolution No. R-20-0156 adopted on M. , 14, 2020, the City Commission authorized the City Manager to identify feasible portions of ' ity of Miami ("City") rights -of -way that may be repurposed for pedestrian and Sidewalk Ca - usage ("Outdoor Dining Program") and to take any and all steps necessary to effectuate sucrepurposing until August 20, 2020 in order to assist businesses negatively affected by the •vel Coronavirus ("CCVID- 10") pandemic; and WHEREAS, pursuant to Resolution No. R-20-0231 ..opted on July 23, 2020, the City Commission extended the Outdoor Dining Program to fu - er assist struggling businesses; and WHEREAS, pursuant to Resolution R-21-017. adopted on April 22, 2021, the City Commission directed the City Manager to take any d all steps necessary to make the temporary Outdoor Dining Program permanent: a WHEREAS, Chapter 54, Article VI of t► Code of the City of Miami, Florida, as amended ("City Code"). establishes the requirements . r the placement of Sidewalk Cafe's within the public right-of-way; and WHEREAS, this proposed ord ance will establish a permanent program for the permitting of Street Cafes within On treet Parking areas adjacent to a business licensed to operate as a restaurant or take-o food establishment; NOW, THEREFORE, IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1, The r•citals and findings contained in the Preamble to this Ordinance are adopted by reference . nd incorporated as if fully set forth in this Section. Section 2. hapter 54 of the City Code is further amended in the following particulars:1 'CHAPTER 54 STREETS AND SIDEWALKS ARTICLE VI. SIDEWALK AND STREET CAFES 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 j/pcJangari material City of Miami File ID: 9311 (Revision:) Printed dn: 711412021 SUBSTITUTED (Gcll 1431� fen Sec. 54-221. Statement of purpose. (a) The primary function of sidewalks is for pedestrian movement and sidewalk Cafes shall interfere with their use. (b) The primary functions of On -Street Parking are to provide access to destinations al , nq a street, aid in speed reductions, and provide a buffer between the sidewalk edge . d moving traffic. (bc) Sidewalk and Street Cafes will be ADA compliant must comply with all Amer ans with Disabilities Act ("ADA") requirements and regulations. A safe, secure and comfortable environment will be maintained for pedestrians using the public right-of-way. A -Sidewalk and Street Cafes shall enhance the vitality of the stree ' environment. A Sidewalk and Street Cafes shall be compatible with adjacent .treetscape elements in terms of design and construction. Sec. 54-222. Permit required. Operating a sidewalk and/or Street Cafe on city - e - right-of-way shall be unlawful without a permit. No person shall conduct business as he in defined without first obtaining a permit from the director of the department of resilience nd public works and paying the fee therefor to the director of finance or his/her designee . nd the Department of Off -Street Parking of the City of Miami. It shall be unlawful for any per . n to operate a sidewalk and/or Street Cafe on any city right-of-way exceas provided by this article. Sec. 54-223. Definitions. As used in this article: Cafe zones means any public side alk area within the city that complies with the requirements of article VI of this chap -r. Director means the director o e department of resilience and public works. Food establishment mean an establishment serving prepared food to be consumed on or off premises. On -Street Parking / designated for vehicular between the edge of v Parking Lane means that area within the public right-of-way arkinq without obstructing the flow of travel lanes generally located icular travel lanes and the front of sidewalks. Permit means - grant of authority by the city to operate a sidewalk and/or Street Cafe, subject to compl. ce, as a condition precedent to the initial issuance of such permit and any renewals therewith all requirements, conditions or criteria set forth in this article for the issuance and aintenance of a sidewalk and/or Street Cafe permit. A permit shall be valid for a maximum o one year in duration and shall be renewable on an annual basis upon full complian - with all application requirements. P: mittee means the recipient of a sidewalk Cafe permit under the terms and provisions of this . icle. Sidewalk means that portion of the street between the curb lines or the lateral lines of a on -driving lane separated by curb or bollards and the adjacent property lines where a five-foot minimum clearance is available to and intended for use by pedestrians. City of Miami File ID: 9311 (Revision:) Printed On: 7/14/2021 SUBSTITUTED 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. Street Cafe means the permitted placing or locating of outdoor furniture, including but not limited to, chairs and tables within the On -Street Parking area adjacent to a business license • o operate as a restaurant or take-out food establishment. State road shall mean those roadways that are part of the state highway system un'er the jurisdiction of the Florida Department of Transportation. Sec. 54-224. Fees and security deposit. (a) Sidewalk Cafe: (alai A non-refundable application fee of $175.00 and initial inspectio fee of $10.00 shall accompany the Sidewalk Cafe application. {-a)) The fee for an annual permit for establishing or maintain'' g a sidewalk Cafe shall be $11.50 per square foot of usable sidewalk right-of-way ar a, as determined by the department of resilience and public works. The sidewalk fe permit year shall begin on October 1 and end on September 30. The fee for an sidewalk Cafe permitted during the permit year shall be prorated on a monthly ►asis to the end of the current permit year. The full annual permit fee shall be due . d payable on or before October 1. Payment received more than ten (10) calendar %ays after the due date shall be charged a late fee of ten percent of the paymen .mount due. Failure to make a required payment within thirty (30) calendar d. s of the due date shall constitute a basis for and result in immediate license su •ension and forfeiture to any right and interest to the security deposit or perform- ce bond. (G4) Failed permit inspections are sub' ct to a reinspection fee of $95.00. (-).4 Security deposit. Upon issuan - of the permit, the permittee shall provide a security deposit in an amount suff lent to secure one -quarter of the permit fee. All documentation, including the for of the security deposit, shall be subject to the approval of the City Attorney -. to form and correctness. In the event the permittee fails to make an annual pay ent within thirty (30) days of the date due, the permittee shall forfeit any right and i' erest to the security deposit, whichever may be applicable, and the entire amount o he security deposit shall be retained by the city or its designee. The permitt e shall have no recourse against this retention by the city when payment by the per ittee is untimely. (b) Street Cafe: (1) A non -refund., •le application fee of $175.00 and initial inspection fee of $10.00 shall accompany e Street Cafe application to be submitted to the Department of Off -Street Parking. (2) The feo for a monthly permit for establishing or maintaining a Street Cafe shall be deter ined and approved by the Department of Off -Street Parking. The Street Cafe per it shall begin on October 1 and end on a monthly basis. The full amount for a p • rmit fee shall be due and payable seven (7) calendar days in advance of the effective term of the permit. Payment received more than ten (10) calendar days after the due date shall be charged a late fee of ten percent (10%) of the payment amount due. Failure to make a required payment within thirty (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. (3) Failed permit inspections are subject to a reinspection fee of $95.00. City of Miami File ID: 9311 (Revision:) Printed On: 7/14/2021 SUBSTITUTED (4) Security deposit. Upon issuance of the permit, the permittee shall provide a security deposit in an amount sufficient to secure three (3) times the amount 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 thirty (30) days of the date due, the permittee shall forfeit any right and interest to the security deposit, whichever may be applicab -, and the entire amount of the security deposit shall be retained by the City or its designee. The permittee shall have no recourse against this retention by the Cit when payment by the permittee is untimely. Sec. 54-225. Permit application. (a) Application for a permit to operate a Sidewalk and/or Street Cafe shall be : de at the department of resilience and public works in a form deemed appropriate • the director. Such application shall include, but not be limited, to the following infor . ton: (1) Name and address of the applicant; (2) A copy of a valid City business license to operate a restaura ► or a take-out food establishment adjacent to the sidewalk area which is the s . eject of the application; (3) A copy of current liability insurance; (4) A current survey (certified if required by other agenc s having jurisdiction over the area) of the sidewalk area including adjacent road ay and property lines. A drawing (minimum scale of one-fourth inch e• als one foot) showing the layout and dimensions of the existing sidewalk area, par, nq lane, and adjacent private property, proposed location, size and number of all o door furniture, including but not limited to, tables, chairs, umbrellas, location of d• • rways, location of trees, parking meters, bus shelters, sidewalk benches, trash r eptacles, glare screens, menu boards, heaters, fans, planters and any other : idewalk obstruction either existing or proposed within the pedestrian area; (6) Photographs, drawings, or man .cturers' brochures fully describing the appearance of all proposed tables, chairs, brellas, or other objects related to the sidewalk and/or Street Cafe; and Photograph of subject street right-of-way where sidewalk and/or Street Cafe is proposed. (b) Applications shall be rev' : ed by the following departments: resilience and public works;, planning, aR4 zoning, ighborhood enhancements team, risk management, and finance. Building department review is required for any semi -permanent installations, lighting, electrical connectio-s, fans, and heaters. (c) Within thirty (30 ays of receipt of a completed application, the director shall approve or deny the per (d) Reserved. (e) The app ' ant shall provide proof of necessary insurance prior to receiving the permit. Sec. 54-2 .. Permit requirements. (5) (7) (a) Nr, person shall establish a Sidewalk and/or Street Cafe on any public street or sidewalk 4nless such person has obtained a valid permit to operate that Sidewalk and/or Street Cafe in such a manner pursuant to this article. Permits shall be issued only to validly licensed restaurants or food establishments that wish to provide tables and chairs on the sidewalk(s) and/or On -Street / Parking Lanes adjacent to their businesses for use by the general public. City of Miami File ID: 9311 (Revision:) Printed On: 7/14/2021 SUBSTITUTED (c) In the Coconut Grove central commercial district, permits shall be issued to Sidewalk and/or Street 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 and/or Street 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 articl- , references to specific districts are solely for purposes of delineating affected geogra• is areas subject to this section and shall not convey any rights under the Miami 21 C.:e, the zoning ordinance of the City of Miami, Florida ("Miami 21 Code"), as amended o superseded. (d) No Sidewalk and/or Street Cafe permit shall be issued by the city within an tate road right-of-way in the absence of an approval from the Florida Department o ransportation. (e) No Street Cafe permit shall be issued by the City within any roadway der Miami -Dade County's jurisdiction in the absence of an approval from the Miami-D-de County Department of Transportation and Public Works ("DTPW"). Sec. 54-227. Standards and criteria for application review. The following standards and criteria shall be used in review g the drawing required in section 54-225(a)(5): (1) Sidewalk and/or Street Cafes are restricted to the _ frontage of the licensed restaurant or food service establishment to whi the permit is issued; or within the contiguous sidewalk frontage of the building ere the licensed restaurant or food service establishment is located, provided t► -t written approval is supplied by the building owner and any affected lessee. (2) Permits will not be iued where the t •les and chairs would be placed within five feet of bus stops, taxistands, or counter rvice windows. (32) No tables and chairs will be perm ed within five feet of a pedestrian crosswalk, fire hydrant, bus stop, taxistand, or ounter service window. (43) The arca to be considered c' all have Sidewalks shall be a minimum of which aro nine feet (9') in width or greater not including the curb. Subject to written approval of the property owner, a warra issued in accordance with the Miami 21 Code and approval of the director of the re_ilience and public works department, or his/her designee, a portion of the require: nine feet of width may be provided on an Americans with Disabilities Act (" A riA") 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 - y areas of private property included in the sidewalk permit application. (54) Sidewalk Cafes shall be located in such a manner that a minimum five -foot -wide clear pedestri- path is maintained at all times. In areas of congested pedestrian activity, the dir tor is authorized to require a wider pedestrian path, as circumstances dictate. The •-destrian path zone surrounding the Sidewalk Cafe area shall not be en mbered in any way by the placement of menu boards, planters, or bicycles fixed or leaned against the Sidewalk Cafe enclosure. Menu boards will be allowed ithin the Sidewalk Cafe footprint and shall have no advertising other than the menu and restaurant information. Street Cafes shall be •rotected and se.arated from traffic at all times with American Association of State Highway Transportation Officials' ("AASHTO") approved temporary water filled barriers, temporary concrete barrier systems, or other AASHTO approved traffic impact products to form a physical barrier around the Street Cafe perimeter. All physical barriers shall not be more than thirty-six inches (36") in height. Items placed along the perimeter of a Street Cafe shall not be located within street City of Miami File ID: 9311 (Revision:) Printed On: 7/14/2021 SUBSTITUTED (7) intersection visibility triangle as defined in Section 54-1 of the City Code and shall not reduce the existing travel lanes' width. Proposed material and desiqn of screening shall be approved by the Resilience and Public Works Department. No rigid materials are permitted to be used along the traffic side of the temporary barriers. Glare screen shall not be permanently attached to the barrier walls and may require removal duri ►. non -business hours. Endorsements/advertisinq are not permitted on enclosures, umbrellas, tableware, and covers except for the name and/or logo of the restau : nt. Objects used to form a physical barrier around the Sidewalk Cafe perimeter - all be permitted. All physical barriers shall have a two -foot (2') clear path every -nty-five feet (25') and shall not be more than thirty-six inches (36") in height. Ite - placed along the perimeter of a Sidewalk Cafe shall not be located within stre intersection visibility triangles as defined in Section 54-1 of the City Code. Propod materials and design shall be approved by the Resilience and Public Works Deb ment. No obstructions of stormwater structures or putters are allowed at a► time. Glare screens shall not be permanently attached to the sidewalk, sh not be more than thirty-six inches (36") in height, and shall be removed during on -business hours. Endorsements/advertising are not permitted on enclosure , umbrellas, tableware, and covers except for the name and/or logo of the restauran (8) No portion of any object placed in the Sidewalk Cafe : all extend into the five-foot pedestrian path. (9) Tables, chairs, umbrellas, decking and any othe objects provided with the Sidewalk and/or Street Cafe shall be of quality design, ► .terials, and technique; both to ensure the safety and convenience of users, and to nhance the visual and aesthetic quality of the urban environment. Design, materi- , and colors shall be harmonious with an urban environment so as to reduce visuclutter and enhance aesthetics. Landscape maintenance must be done on a regul basis to ensure the health of plant materials. (310) Awnings, umbrellas and other ecorative material shall be fire retardant pressure treated, or manufactured of fire r istive material. (9) No portion of any object place, pedestrian path. (4-911) In certain areas wit city where streetscape enhancements have been installed changes are not permi -d to the sidewalk paving and must not be damaged by enclosures, signage, tc. Sidewalk and/or Street Cafe owner shall preserve and protect all existing -es and plantings in the public right-of-way to the satisfaction of the resilience anpublic works department and replace, entirely at the applicant's expense, any tr es that are damaged as a result of the Sidewalk and/or Street Cafe. Trees shall nbe used to support wires or to place any signs, screws, nails, staple, ropes, bra ets, banding or other hardware. (44 12) Sid ' walk Cafe furnishings and fixtures, including any required bar unit, servers' work -tion, or greeting stations shall be portable and shall not be permanently atta► ed to the wall of the abutting building, the sidewalk, or screen. Bus stations shall n. be permitted. ) Umbrella height must be 84 inches above the sidewalk (highest point of the sidewalk if not level). 43 14) 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. (4415) Planters may be placed within the Sidewalk and/or Street 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. in the sidewalk cafe shall extend into the five foot (42 City of Miami File ID: 9311 (Revision:) Printed On: 7/14/2021 SUBSTITUTED (15 16) Umbrellas and screens may be supported by a socket in the sidewalk. The resilience and public works department must approve the coring and capping method in advance and holes must be filled or capped when not in use. (1- 17) Lighting, fans and heaters are optional items. Light levels shall be low and onl directed towards the Sidewalk Cafe, rathor than towards and not the street. Lighti ' g, fans, and heaters shall comply with established standards and criteria and with . I applicable codes. (1-7-18) All portions of the Sidewalk Cafe that are located on private property ►.t within the public right-of-way shall comply with City of Miami zoning regulation Sec. 54-228. Indemnification and insurance. (a) Applicant agrees to indemnify, defend, and hold harmless the city, its agents, and, if applicable, its instrumentalities and each of them fro cost, penalties, fines, damages, claims of any nature, including ex fees, and any and all liabilities by reason of injury to or death of destruction, or loss to any property including the city, its instru employees, and agents arising out of or in connection with t performance of the services contemplated by this permit/a indirectly caused, in whole or in part, by any act, omissi whether active or passive of the applicant, its employe unless such act or omission is solely caused by the employees, and agents. The applicant further agr harmless the city, its instrumentalities, officials, which may be asserted by an employee or for contractors as provided above for which the employee would otherwise be limited to p laws. In addition, the applicant understa negligence or misconduct of the city, the city shall not be liable for any to equipment of the applicant, its em invitees placed on city property applicant thereof. The applica at all times during the term issuance of any such per that the permit holder(s sole expense, for any condition before ins permit/agreemen Prior to the iss . nce of any such permit, the applicant shall submit to the city a certificate of insurance wi respect to commercial general liability with limits of at least $500,000.00 per occurrenc , $1,000,000.00 policy aggregate, and any endorsements thereto, including, but not limiteto, premises and operations liability, personal and advertising injury, products and co- pleted operations, and liquor liability. The certificate must reflect primary and nonc.ntributory language and list the city as an additional insured on all third -party liability po ' ies including liquor. The insurance herein required shall remain in full force and effect all times during the entire term of the permit. Additionally, all such insurance shall be subject to review and approval by the city's risk management department. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida with the following qualifications: The company must be rated no less than "A-" as to management and no less than Class "V" as to financial strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick New Jersey, or its equivalent subject to the approval of the icials, employees, and against all loss, nses and attorney's y person, damage to, entalities, officials, performance or non- reement which is directly or , default, liability, or negligence, s, agents, servants, or contractors, y, its instrumentalities, officials, s to indemnify, defend, and hold ployees, and agents against all liabilities er employee of the applicant or any of its pplicant's liability to such employee or former ments under workers' compensation or similar s and agrees that except where caused by the instrumentalities, officials, employees, or agents, , injury, or damage to any personal property or oyees, agents, contractors, business licensees, or d its instrumentalities and shall be at the sole risk of the shall ensure that adequate safety precautions are in effect the permit. It shall be a further condition precedent to the t for placement of such Sidewalk Cafe in the public right-of-way s/are jointly and severally responsible, at each permit holder's amages regarding restoring the public right-of-way to its original Ilation of facilities. The indemnification shall survive termination of this City of Miami File ID: 9311 (Revision:) Printed On: 7/14/2021 SUBSTITUTED city's risk management department. Companies not meeting the above rating requirements shall submit proof of reinsurance from qualifying insurers having or exceeding the required rating criteria. The registrant/applicant shall provide 30 days prior written notice of cancellation to the cit for any reason other than non-payment of premium in which ten days' notice shall apply (b) Applicant shall furnish the city with a certificate of insurance substantially in accorda e to the insurance requirements contained in Exhibit A, available at the department of resilience and public works. It is understood and agreed that all coverage provided by the . •plicant shall be primary and non-contributory, and its insurance shall have no right of r covery or subrogation against the city and if applicable, any of its instrumentalities. Th= department of resilience and public works may modify the insurance requirements, if w. rranted. Sec. 54-229. Form and conditions of permit. The permit shall be issued on a form deemed suitable by the direct • . 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, starting Oct. •er 1st and ending September 30th, subject to annual renewal. Fees for e initial year shall be prorated on a monthly basis. Permits are subject to annual r- ewals and applications shall be received by the department prior to October lst. (2) The permit issued shall be personal to the per ttee only and shall not be transferable in any manner. The permit may be suspended by the direor when necessary to clear Sidewalk and On -Street Parking areas for a "commun or special event" authorized by a permit issued by the police department. (4) The director may require the temp• ary removal of Sidewalk and/or Street Cafes when street, sidewalk, or utility repairs - ecessitate such action. The department of resilience - d public works or the police department may require the removal or relocation of all or parts of the (3) (5) Sidewalk and/or Street C. 'e in emergency situations. (6) The city and its officers -nd employees shall not be responsible for Sidewalk and/or Street Cafe compon- is relocated during emergencies. (7) The permit shall b- specifically limited to the area shown on the "exhibit" attached to and made part • ' the permit. (8) The permitter shall use positive action to assure that its use of the sidewalk in no way interferes h or embarrasses sidewalk users or limits their free unobstructed passage (9) The S'.ewalk and/or Street Cafe shall be opened for use by the general public and suc use shall not be restricted to patrons of the permittee. (10) P rmittees holding a local business tax receipt or certificate of use limited to take-out ood shall not be permitted to provide table service in the Sidewalk and/or Street Cafe. However, this shall not relieve the permittee of the responsibility to maintain the Sidewalk and/or Street Cafe as required in this section. (11) Tables, chairs, umbrellas, and any other objects provided with a Sidewalk and/or Street Cafe shall be maintained with a clean and attractive appearance and shall be in good repair at all times. City of Miami File ID: 9311 (Revision:) Printed On: 7/14/2021 SUBSTITUTED (12) The sidewalk right-of-way or 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 restaurant logotypes. Size and location of menu boards shall b approved by city. (14) No tables and chairs nor any other parts of Sidewalk and/or Street Cafes s- all be attached, chained, or in any manner affixed to any tree, post, sign, or of r fixtures, curb or Sidewalk within or near the permitted area. No additional outdor seating authorized herein shall be used for calculating seating requirements pertaining to location of, applications for, or issuance of a liquor license for any = tablishment or be used as the basis for computing required seating for restaurants : nd dining rooms or as grounds for claiming exemption from such requirements un► -r the provisions of any city ordinance or state law. (15) Except as provided in section 54-227, the permit covers o y the public sicewaik right- of-way. Tables and chairs on private property will be go erned by other applicable regulations. The permit shall include a reference to th- applicant complying with all requirements for Sidewalk and/or Street Cafes set frth in in article VI of this Code. Where an applicant that is already legally operati . a Sidewalk and/or Street Cafe at a leased location submits a lease executed prior . March 1, 2016, the owner consent requirement stated herein shall not apply unti uch time as the current term of such lease ends. (16) The permittee shall notify the director of--silience and public works, in writing, when operation of the Sidewalk and/or Stree Cafe begins. Said notice shall be delivered to the director within 24 hours of such .mmencement. (17) The issuance of a Sidewalk and/. Street Cafe permit does not grant or infer vested rights to use of the right-of-way by the permittee. The city retains the right to deny the issuance of . permit or the renewal of a permit. (18) No entertainment or sounpeakers shall be placed within or adjacent to the right-of- way in a manner which uses persons to accumulate and obstruct the pedestrian path. Entertainment a . sound speakers shall comply with the city's noise regulations. Sec. 54-230. Denial, revocat'.n or suspension of permit; removal and storage fees; emergencies. (a) The director may . ny, revoke, or suspend a permit for any Sidewalk and/or Street Cafe authorized in the ity if it is found that: (1) Any nec: sary business or health permit has been suspended, revoked, or cancelled. (2) The p- rmittee does not have insurance which is correct and effective in the minimum amnt described in section 54-228, or has failed to make a quarterly permit fee p. ment when due. hanging conditions of pedestrian or vehicular traffic cause congestion necessitating removal of Sidewalk and/or Street Cafe. Such decision shall be based upon findings of director that the minimum five-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/her permit within three days of receipt of the director's notice of same delivered in writing to the permittee. (3) City of Miami File ID: 9311 (Revision:) Printed On: 7/14/2021 SUBSTITUTED (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. Tables, chairs and other vestiges of said Sidewalk and/or Street Cafe in the ri• ht-of- way may be removed by the department of resilience and public works, and a reasonable fee charged for labor, transportation, and storage, should the permi -e fail to remove said items within 36twenty-four (24) hours of receipt of the director' final notice to do so for any reason provided for under this article. If the final notice is sent based on subsection (a)(2) or (3) of this section, the removal action shall • -come effective upon the receipt of such notice and the permittee shall have fo hours to remove said items or to, within that time, request, in writing, a meetinith the department of resilience and public works director to contest the fin. notice. The fees incurred by the department of resilience and public works and/or o er agents of the city who implement the removal shall be billed to the violator an• if the fees remain unpaid for 30 days, shall be imposed as a municipal lien again the real and personal property of the violator and shall be recorded in the public rep ords of Miami -Dade County, and may be foreclosed by the city as such, pursu t to F.S. § 166.021. In addition, the city may utilize the code enforcement proc-.ures set forth in chapter 2, article X, to address any violations. (b) Upon denial or revocation, the director shall give notice • 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) or (3) of this section, the action shall be effective upon giving such notice to the permitt:-. Otherwise, such notice shall become effective within ten days unless appealed to the • ty commission. (7) Sec. 54-231. Appeals. (a) Appeals shall be initiated within ten days • a permit denial or revocation by filing a written notice of appeal with the city manager, . d 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. (b) The city manager shall place the appeal on the first non -planning and zoning city commission agenda for which . oper notice can be given and shall notify the director of resilience and public works t reof. At the hearing upon appeal, the city commission shall hear and determine the apt -al, and the decision of the city commission shall be final and effective immediately. (c) The filing of a notice o appeal by a permittee shall not stay an order by the director to remove a Sidewalk - d/or Street Cafe or parts thereof. Vestiges of the Sidewalk and/or Street Cafe shall • removed immediately, as set out in section 54-230, pending disposition of th= appeal and final decision of the city commission. (d) A permit whichas been suspended or revoked pursuant to section 54-230(a)(1), (2) or (4) may be rei stated by the director of the department of resilience and public works at such time as t permittee has demonstrated that the violation has been corrected to the satisfac' on of the department of Resilience and public works. (e) A ne permit shall not be issued or an existing permit shall not be reinstated for a minimum pe od of six months after said issuance or reinstatement has been denied by the director resilience and public works, or in the event of an appeal, by the city commission. Se ' . 54-232. Enforcement. Enforcement shall be as proscribed by Chapter 2, Article X, Code Enforcement, and any other remedies as provided by law. City of Miami File ID: 9311 (Revision:) Printed On: 7/14/2021 SUBSTITUTED Secs. 54-233-54-260. Reserved. * * * * Section 6. 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 affecte Section 7. This Ordinance shall become effective thirty (30) days after final readi and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 2 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: 9311 (Revision:) Printed On: 7/14/2021