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HomeMy WebLinkAboutLegislation-SUBCity of Miami Ordinance 14466 Legislation THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18999 Final Action Date: 5/28/2026 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, TITLED "STREETS AND SIDEWALKS/SIDEWALK AND STREET CAFES," TO PROVIDE FOR CERTAIN ESTABLISHMENTS THE USE OF THE SIDEWALK IN THE FLAGLER SPECIALTY DISTRICT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Mayor Eileen T. Higgins, Commissioner Damian Pardo, Commissioner Ralph "Rafael" Rosado WHEREAS, Chapter 54, Article VI of the Code of the City of Miami, Florida, as amended ("City Code"), provides for regulations governing sidewalk and street cafes on the rights -of -way within the City of Miami ("City"); and WHEREAS, to continue the economic and population growth of an urban city, modifications are necessary to ensure that businesses can expand and prosper in a comfortable and safe environment for patrons and pedestrians; and WHEREAS, certain businesses in the Flagler Specialty District as defined in Section 4-5 of the City Code are able to fully avail themselves to areas adjacent to their properties, which would not be inconsistent with other businesses in the area; and WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") at its meeting on April 15, 2026, following an advertised hearing, adopted Resolution No. PZAB-R-26-020 by a vote of eleven (11) to zero (0), recommending approval with modifications of this item to the City Commission; and WHEREAS, it is in the best interest of the City and to allow for certain business to make use of the rights -of -way; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 0 Section 1. The recitals and findings contained in the Preamble to this Ordinane4 are adopted by reference and incorporated as if fully set forth in this Section. czrnMI en -=f _.m Section 2. Chapter 54, Article VI of the City Code is amended in the following, ro 0 -TI i �+ P1i --- "CHAPTER 54 _ r Pn m . 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures sell OP added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. particulars:1 City of Miami Page 1 of 3 File ID: 18999 (Revision: A) Printed On: 7/27/2026 18999 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 18999 FttitLitiN um bbee ^4466 STREETS AND SIDEWALKS 2026 JUL 27 PH 4: 50 * OFFICE OF THE CITY CLERK CITY OF MIAMI ARTICLE VI. SIDEWALK AND STREET CAFES Sec. 54-223. — Definitions. As used in this article: * * * * * 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, of take-out food establishment, or Alcohol Service Establishment located in the Flaaler Specialty District as defined and outlined in Exhibit "R" in Sec. 4-5 of the City Code. * * * Sec. 54-225. - Permit application. 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 or a copy of a valid City business license to operate as an alcohol service establishment. * * * Sec. 54-226. - Permit requirements. In the FI_agler Specialty District, any Alcohol Service Establishment shall ensure that all beverages (including alcoholic beverages) are prohibited from being prepared outside the main structure on the premises and all beverages (including alcoholic beverages) must be served from within the main structure on the premises. Further, proof of Iicensure by the State of Florida to serve alcoholic beverages is required. In addition to all other requirements of law, the Alcohol Establishment shall take reasonable steps to insure that alcoholic beverages are consumed only by patrons who are of legal age and not by passersby or persons who are not of legal age or who are obviously intoxicated. Patrons shall not be allowed to leave the permitted area while drinking alcoholic beverages. Reasonable steps shall include the use of moveable barriers, such as moveable planters or fences to define the permitted area, supervision of the outside area by security or staff personnel, and/or surveillance by electronic monitors. Failure by the bar owner to take such reasonable steps and use them at all times that City of Miami Page 2 of 3 File ID: 18999 (Revision: A) Printed on: 7/27/2026 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 18999 Enactment Number: 14466 alcoholic beverages are consumed in the permitted area may be grounds for termination of the permit and may be deemed an adverse action against the issuance of any future permit. Sec. 54-227. - Standards and criteria for application review. The following standards and criteria shall be used in reviewing the drawing required subsection 54-225(a)(5): (1) Sidewalk and/or street cafes are restricted to the frontage of the licensed restaurant OF food service establishment, or Alcohol Service Establishment located in the Flagler Specialty District to which the permit is issued; or within the contiguous 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. * *If Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provision of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: Wy j ng III, C y or 7/16/2026 - ge . Wy j ng III, C y or -v 7/23/2026 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 3 of 3 File ID: 18999 (Revision: A) Printed on: 7/27/2026 SUBSTITUTED City of Miami Legislation Ordinance File Number: 18999 Final Action ' ate: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTE 54/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, TI ' ED "STREETS AND SIDEWALKS/SIDEWALK AND STREET CAFES," TO PIDE FOR CERTAIN ESTABLISHMENTS THE USE OF THE SIDEWALK IN THE F iL GLER SPECIALTY DISTRICT CONTAINING A SEVERABILITY CLAUSE; A i PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, Chapter 54, Article VI of the Code of the City of Mi ("City Code"), provides for regulations governing sidewalk and street within the City of Miami ("City"); and i, Florida, as amended fes on the rights -of -way WHEREAS, to continue the economic and population • '•wth of an urban city, modifications are necessary to ensure that businesses can e •and and prosper in a comfortable and safe environment for patrons and pedestrians; and WHEREAS, certain businesses in the Flagler S cialty District as defined in Section 4-5 of the City Code are able to fully avail themselves to eas adjacent to their properties, which would not be inconsistent with other businesses in e area; and WHEREAS, the Planning, Zoning, and •peals Board ("PZAB") at its meeting on , following an advertised hearing -dopted Resolution No. by a vote of , recommending of this item to the City Commission; and WHEREAS, it is in the best int -st of the City and to allow for certain business to make use of the rights -of -way; NOW, THEREFORE, B ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The rec - Is and findings contained in the Preamble to this Ordinance are adopted by reference a incorporated as if fully set forth in this Section. 0 Section 2. C . pter 54, Article VI of the City Code is amended in the following 41 particulars:' 0rri "CHAPTER 54 C3 STREETS AND SIDEWALKS .c-) �-z r- rn ARTICLE VI. SIDEWALK AND STREET CAFES -v MIC 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted Dnd unchanged material. City of Miami File ID: 18999 (Revision:) Printed On: 5/19/2026 SUBSTITUTED Sec. 54-223. — Definitions. RECEIVED 2026 JUL 27 PM 4: 49 As used in this article: OFFICE OF 1 .w CITY CLERK CITY O * * i Sidewalk cafe means the placing, locating, or permitting of the placing or locating of • utdoor furniture, including but not limited to, chairs and tables within the sidewalk area adjac: t to a business licensed to operate as a restaurant, of take-out food establishment, or AIc- of Service Establishment located in the Flagler Specialty District as defined and outlined in ibit "R" in Sec. 4-5 of the City Code. * Sec. 54-225. - Permit application. Lai Application for a permit to operate a sidewalk and/or street department of resilience and public works in a form deem director. Such application shall include, but not be limite (1) Name and address of the applicant; (2) A copy of a valid city business license to establishment adjacent to the sidewalk application or a copy of a valid City bu service establishment. Sec. 54-226. - Permit requirements. e shall be made at the appropriate by the , to the following information: erate a restaurant or a take-out food a which is the subject of the ess license to operate as an alcohol * In the Flagler Specialty D' rict, any Alcohol Service Establishment shall ensure that all beverages (including al ► • holic beverages) are prohibited from being prepared outside the main structure on e premises and all beverages (including alcoholic beverages) must be served fro - within the main structure on the premises. Further, proof of licensure by the te of Florida to serve alcoholic beverages is required. In addition to all other rep ' ements of law, the Alcohol Establishment shall take reasonable steps to insure that coholic beverages are consumed only by patrons who are of legal age and not by ► : ssersby or persons who are not of legal age or who are obviously intoxicate . Patrons shall not be allowed to leave the permitted area while drinking alcohol beverages. Reasonable steps shall include the use of moveable barriers, such moveable planters or fences to define the permitted area, supervision of the out- se area by security or staff personnel, and/or surveillance by electronic monitors. F ure by the bar owner to take such reasonable steps and use them at all times that coholic beverages are consumed in the permitted area may be grounds for termination of the permit and may be deemed an adverse action against the issuance of any future permit. * Sec. 54-227. - Standards and criteria for application review. City of Miami File ID: 18999 (Revision:) Printed On: 5/19/2026 SUBSTITUTED The following standards and criteria shall be used in reviewing the drawing required subsection 54-225(a)(5): (1) Sidewalk and/or street cafes are restricted to the frontage of the licensed restaurant Of food service establishment, or Alcohol Service Establishment located in the Flagler Specialty District to which the permit is issued; or within e contiguous frontage of the building where the licensed restaurant or food s ice establishment is located, provided that written approval is supplied by the uilding owner and any affected lessee. Section 3. If any section, part of a section, paragraph, clause, phra , or word of this Ordinance is declared invalid, the remaining provision of this Ordinance s ' - II not be affected. Section 4. This Ordinance shall become effective immediatel .fter final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 0 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: 18999 (Revision:) Printed On: 5/19/2026 rn NT C m_/ rn