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1 Ordinance No. ___ _
2 An Ordinance amending the City's Land Development Code, Article III,
3 "Zoning Regulations," Section 20-3.3, Permitted use schedule,"
4 Subsection (E), "Outdoor Seating/Dining for All commercial Properties,
5 except for Properties in the RO Residential Office Zoning District," to
6 amend the insurance requirements, and other applicable rules,
7 applicable to outdoor seating of restaurants within the City.
8 Whereas, the City of South Miami ("City") has imposed certain requirements on Sidewalk Cafes,
9 for outdoor seating in the City's public rights-of-way, in the interest ofthe public health, safety and
10 welfare; and
11 Whereas, the outdoor seating regulations have included certain insurance requirements; and
12 Whereas, it has become apparent that the insurance requirements in the City's Land
13 Development Code for outdoor seating in the public right-of-way have become a hardship to businesses
14 seeking to provide such service; and
15 Whereas, the City is protected by its own insurance coverage, and the business's insurance
16 policy is primarily to protect patrons, citizens, visitors and passers-by in the event of injury; and
17 Whereas, the Administration has recommended, and the City Commission concurs, that the
18 insurance requirements can be amended to relieve the burden of providing such insurance while still
19 providing the protections sought.
20 Whereas, the Planning Board has reviewed this ordinance and recommends that it be adopted
21 by a vote of __ to __ .
22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
23 SOUTH MIAMI, FLORIDA:
24 Section 1. City's Land Development Code, Article III, "Zoning Regulations," Section 20-3.3,
25 Permitted use schedule," Subsection (E), "Outdoor Seating/Dining for All commercial Properties, except
26 for Properties in the RO Residential Office Zoning District," City of South Miami, Florida, is hereby
27 amended and shall read as follows:
28 20-3.3 -Permitted use schedule.
29 * * *
30 (E) Outdoor Seating/Dining for All e.Qommercial Properties, except for Properties in the RO Residential
31 Office Zoning District.
32 (1) An application for outdoor seating and dining or a sidewalk cafe, on private property or on public
33 rights-of-way must be filed with the Planning Department. The application shall include a layout
34 (site plan) of the location of all tables, chairs (including number and type of chairs), benches,
35 and other furniture; pedestrian ingress and egress; location of refuse containers; location of
36 approved outdoor speakers; and other elements necessary to illustrate the proposed outdoor
37 seating/dining use and area (all drawings must be titled, indicate orientation, and be at an
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acceptable scale). If applicable, the site plan must clearly indicate which seats and tables are on
private property and which are on the public right-of-way. The City Manager shall require that an
amended site plan be submitted in order to address specific problems.
The following words, terms and phrases, when used in this code, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
City means the City of South Miami MaAa§er unless stated otherwise in this ordinance.
City Manager means the city manager or the city manager's designee.
Code compliance officer means the code compliance officers, or any other authorized
agent or employee of the city whose duty it is to assure compliance with the City's code.
Menu board means a board allowing for the posting of a restaurant's menu and fabricated
in such a manner so as not to constitute a form of general advertising or establishment
identification.
Permittee means the recipient of an Outdoor Seating/Dining Permit under the terms and
provisions of this division.
Permit Year means the city's fiscal year that commences on October 1 st and that ends on
September 30th of the following calendar year.
Restaurant for purposes of this section only, means a food service establishment that is
maintained and operated as a place where food and/or beverages are prepared and/or served
and sold for consumption within the premises, or a business establishment which has, as an
ancillary or secondary use, a part thereof where food and/or beverages are prepared and/or
served and sold for consumption within the premises.
Right-of-way, or public right-of-way, means land in which a governmental body owns the
fee title or has an easement devoted to or required for use as a transportation facility including
sidewalks and streets.
Sandwich board sign shall have the same definition as set forth in section 20-4.3(B) under
the name "Sign, portable outdoor dining;"
Seating means any type of chair or other furniture used by customers in the act of sitting
while consuming beverages or food.
Sidewalk means that portion of the right-of-way which is intended for use by pedestrians
and is located between the curb line.or the lateral line of a street and the adjacent property line.
Sidewalk cafe (cafe) means an outdoor seating and dining use located on a right-of-way or
which abuts a public right-of-way and which is associated with a restaurant and is primarily
characterized by tables and chairs; may be shaded by awnings, canopies or umbrellas; and
may include such other sidewalk cafe furniture (as hereinafter defined) as permitted and/or
approved pursuant to this section.
Sidewalk cafe furniture means those nonpermanent fixtures, furnishings and equipment
associated with the operation of a sidewalk cafe and approved pursuant to this section
including, tables, chairs, seating, umbrellas, planters, heaters, fans, rolling service stations,
service carts, bussing stations, and menus and/or specials boards.
Sign shall have the same meaning as provided for in Section 20-4.3 of this code.
Street means that portion of a right-of-way improved, designed or ordinarily used for
vehicular traffic and/or parking.
Table means any furniture which is used for the placement of food or beverages.
Sidewalk cafe or Outdoor seating/dining areas and uses of the public right-of-way and/or any
private property abutting a public right-of-way may be approved, denied, or approved with
conditions, modifications, safeguards, or stipulations appropriately and reasonably related to the
intent, purposes, standards, and requirements of the related regulations by the City Manager.
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1 Such outdoor seating/dining permit shall not be transferable in any manner and is strictly a
2 conditional use permit, issued for a period of one year, renewable annually via payment of the
3 annual occupational license fee, annual proof of compliance with the requirements of this
4 ordinance, including insurance and, if applicable, payment of the per seat fee set forth below.
5 (3) The fee for Sidewalk cafes shall be charged annually for each outdoor seat located on public
6 rights-of-way or on any private property abutting a public right-of-way and/or any stand alone
7 table top with no seating which is used for consumption of beverages or food. The fees to be
8 charged shall be set forth in the City's Schedule of Fees. The permit fee shall be added to the
9 annual occupational license fee and the payment of all outstanding violation fees for the main
10 business. No Sidewalk cafe permit shall be issued while the applicant is delinquent in the
11 payment of any money owed to the City.
12 (4) The applicant shall provide the City with a policy and/or certificate of insurance aA agreemeAt
13 that is acceptable to the City Manager and that provides for imJemAiiicatioA aAe compliance with
14 the City's insurance requirements including the following:
15 (a) Commercial general liability insurance in the amount of $1,000,000.00 per occurrence for
16 bodily injury and property damage. The city City must be named as an additional insured
17 on this policy, and an endorsement must be issued as part of the policy reflecting
18 compliance with this requirement.
19 (b) For sidewalk cafes which serve alcoholic beverages, liquor liability insurance in the amount
20 of $1,000,000.00 per occurrence for bodily injury and property damage. The city City must
21 be named as an additional insured on this policy, and an endorsement must be issued as
22 part of the policy reflecting compliance with this requirement.
23 (c) Workers' compensation and employers' liability as required by the state.
24 All policies must be issued by companies authorized to do business in the state and rated ~
25 A-VIII or better per Best's Key Rating Guide, latest edition~ WRO are AOt 6~rpl~s liAes carriers
26 aAe WRO are coveree by tRe floriea IAs~raAce G~araAty AssociatioA. The City Manager may
27 increase these insurance requirements provided such requirements are applied to all parties
28 similarly situated.
29 Proof of insurance shall be provided to the city as a requirement of the permit. If such proof is a
30 nonbinding certificate, the applicant's insurance agent and carrier shall advise the City in
31 writing, in a form acceptable to the City Manager execute!! annually, an affidavit with the city
32 verifying that the applicant on behalf of the cafe has the required insurance. Such affidavit shall
33 include the policy number, company name and company contact information. City officials shall
34 contact the applicant's insurance company mOAtRly periodically to verify the existence and
35 continuance of such insurance. Unless the cafe provides the City with a binding certificate of
36 insurance and an endorsement to provide the City with at least 10 days advanced notice of
37 intent to cancel the policy, the cafe shall pay the City a mOAtRly fee of $25.00 each time the City
38 contacts the insurance agent or company, to .cover the cost to verify existence of coverage.
39 Failure to comply with these requirements shall be deemed to be operating without a valid
40 permit and shall cause an immediate suspension of the permit and the assessment of a daily
41 fee until the permit is revoked or the requirements are met.
42 Applications for permits shall include an indemnification of the City for any and all liability
43 associated with the permittee's operation of the Sidewalk cafe and outdoor seating.
44 (5) A Sidewalk cafe permit may be revoked by the City Manager upon finding that one or more
45 conditions of these regulations have been violated, or that the Sidewalk cafe and area is being
46 operated in a manner which is inconsistent with the approved site plan or constitutes a public
47 nuisance, or in any way constitutes a reasonable risk of injury to persons or damage to property
48 or potential liability to the City. A decision by the City Manager to revoke a permit for failure to
49 comply with the one or more conditions or regulations may be appealed by the owner or
50 operator to the City Commission. An appeal must be filed with the City Clerk within thirty (30)
51 days of receipt of written notice of the City Manager's decision. An appeal of the City Manager's
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1 decision does not stay the implementation of the City Manager's decision. The City Commission
2 shall hear and enter a decision on any appeal taken within sixty (60) days from the date the
3 appeal is filed. The City Manager's decision shall be in writing and indicate what provisions of
4 the City's code of ordinances have been violated and/or what public nuisance or risk predicated
5 the decision of the City Manager.
6 (6) A Sidewalk cafe permit may be temporarily suspended by the city maRa§eF City Manager for
7 public use/purpose, utility, sidewalk or road repairs, emergency situations, or violations of
8 provisions contained herein. The length of suspension shall be determined by the city FnaRa§eF
9 City Manager as necessary. Removal of all street furniture and related obstructions shall be the
10 responsibility of the owner/operator of the outdoor seating/dining.
11 (7) A Sidewalk cafe permit may be temporarily expanded by the City Manager upon receipt of a
12 written request including a site plan during special events.
13 (8) A Sidewalk cafe permit area shall be kept in a neat and orderly appearance and shall be kept
14 free from refuse and debris. The applicant shall be responsible for daily cleaning and sweeping
15 of the Sidewalk cafe area and for the cleanliness and maintenance of any outdoor planters
16 immediately adjacent to the outdoor seating/dining area. Cleaning shall include twice-monthly
17 pressure cleaning or other appropriate cleaning methods, as determined by the City. Use of city
18 sidewalks for trash and garbage remqval shall be prohibited.
19 (9) A Sidewalk cafe shall not interfere with the free and unobstructed pedestrian or vehicular
20 circulation of traffic, public access to any street intersections, crosswalks, public seating areas
21 and conveniences, bus stops, alleys, service casements, handicap facilities, or access to any
22 other public, residential or commercial establishments. The width and location of the sidewalk
23 pedestrian passage through the Sidewalk cafe shall be as follows:
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a) If there is seating on one side of the sidewalk, a minimum of five (5) feet of sidewalk must
remain unobstructed by outdoor seating furniture and the maneuvering of chairs, and clear
for pedestrian passage;
27 b) If there is seating on two (2) sides of the sidewalk a minimum of five (5) feet of sidewalk
28 between the two (2) seating areas must remain unobstructed by outdoor seating furniture
29 and the maneuvering of chairs, and clear for pedestrian passage;
30 c) All outdoor furniture including but not limited to tables, chairs and umbrellas (excluding
31 outdoor planters) shall be located a minimum of eighteen (18) inches from the curb.
32 (10) A Sidewalk cafe on the public rights-of-way shall be open and unenclosed. No building
33 structures of any kind shall be allowed in and over any portion of the outdoor seating/dining
34 area located on public property, except by prior express written authority of the City Manager.
35 (11) Tables, chairs and all other furniture used in the operation of an outdoor seating/dining area on
36 the public rights-of-way shall not be anchored or restrained in any manner. Individual table
37 umbrellas, planters, or other such non-stationary elements may be permitted within the outdoor
38 seating/dining area and where applicable, shall have a minimum clearance height of seven (7)
39 feet above the sidewalk.
40 (12) A Sidewalk cafe must apply for and receive in advance written specific approval to provide
41 amplified sound of any kind in the outdoor seating area. In the event the City Manager
42 determines that the amplified sound constitutes a public nuisance the City Manager shall
43 impose additional conditions; in the event of a second offense the City Manager shall revoke the
44 approval authorizing the use of amplified sound. Sound must be kept at a low volume so as to
45 not disturb neighboring businesses, residences, or to be audible in neighboring residential
46 districts. Plans for amplified sound must be submitted with the site plan. Each establishment
47 must sign an agreement in order to have amplified music.
48 (13) A Sidewalk cafe on public rights-of-way shall be restricted to the length of the sidewalk or public
49 right-of-way immediately fronting the Sidewalk cafe unless expressly authorized in writing by the
50 City Manager. The utilization of space extending beyond the subject property frontage onto the
51 immediately adjacent property may be authorized by the City Manager with the express written
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1 approval of the adjacent storefront, however, the seats and chairs in this location may not block
2 the adjacent storefront windows. This expansion is subject to annual written consent provided
3 by the property owners in front of whose properties the outdoor seating/dining service would
4 occur. The annual written consent form shall be provided to the City and shall include an
5 insurance policy naming the City as an additional insured and a hold harmless clause in favor of
6 the City.
7 (14) A Sidewalk cafe shall be at the same elevation as the adjoining sidewalk or public right-of-way
8 unless expressly authorized in writing by the City Manager.
9 (15) Carts and trays for serving food are permitted in the outdoor seating/dining area but must
10 comply with the provisions of Subsection 9(a) and (b).
11 (16) The maximum number of outdoor seats shall not exceed eighty (80) percent of the number of
12 indoor seating, except for restaurants with indoor seating of twenty-five (25) seats or less which
13 may have outdoor seats not to exceed one hundred (100) percent of the number of indoor
14 seats.
15 (17) During the operating hours all outdoor furniture must be securely placed as shown on the
16 approved site plan or as may be ordered by the City Manager in writing. After operating hours,
17 outdoor furniture must be neatly stacked to a maximum height of five (5) feet without blocking
18 the sidewalk. A City approved cover may be required by the City Manager for chairs left outside
19 when stacked.
20 (18) No person, property owner, lessee or restaurant shall allow outdoor seating/dining on a public
21 right-of-way or any private property abutting a public right-of-way without a permit Each day
22 that outdoor seating/dining or similar activity occurs without a permit or in violation of the site
23 plan, shall constitute a separate incident of violation and shall result in a fine for each day of
24 continued violation. The continuing operation of a sidewalk cafe or any outdoor seating/dining
25 activity without a permit as required by this ordinance after the receipt of a violation notice from
26 the City Manager may result in the revocation of the restaurant occupational license pursuant to
27 Section 13-16 of the City Code.
28 (19) Any violation of the regulations and standards set forth in this section shall constitute a separate
29 incident of violation and shall result in a fine for each day of continued violation. A subsequent
30 violation of any of the regulations and standards set forth in this ordinance shall result in a fine
31 for each day of such continued violation, or as set forth in the City's schedule of fees, whichever
32 is greater. The continuing operation of an activity governed by this ordinance without a permit
33 after the receipt of a violation notice from the City Manager may result in the revocation of the
34 occupational license of the person or entity responsible, pursuant to Section 13-16 of the City
35 Code.'
36 (20) The City shall issue 24-hour warning notices for all non-life safety violations of this ordinance
37 which must be corrected with 24 hours of receipt of such notice.
38 (21) No warning notices shall be required prior to the issuance of a violation for failure to have a
39 permit or for life safety violations and/or life safety. Sidewalk cafe site plan violations and such
40 violations shall be corrected immediately. Life safety violations are defined as those conditions
41 which, in the reasonable determination and judgment of the Gity manager City Manager, involve
42 serious danger and/or risk to the public health, safety or welfare (including, without limitation,
43 blocking pedestrian pathways and violations of the state accessibility code for building
44 construction). Life safety outdoor seating/dining site plan violations are defined to include those
45 instances where the permittee is operating outside of the permitted outdoor seating/dining use
46 area (as approved pursuant to this code) such as where sidewalk cafe furniture is found outside
47 the approved boundaries of the outdoor seating/dining use site plan; but shall not be deemed to
48 include instances where a chair or chairs are temporarily moved outside the approved
49 boundaries of site plan by a sidewalk cafe patron(s) unless it remains in such unauthorized
50 location for more than 15 minutes.
51 (22) If Gity-City personnel finds a violation of this ordinance after a 24-hour warning notice of such
52 violation as been previously issued, then a notice of violation shall be issued to the violator. No
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1 such warning notice is required for the failure to have a valid permit or for life safety violations of
2 this section and for life safety outdoor seating/dining site plan violations, and a violation may be
3 issued at any time.
4 (23) The City Manager or his/her designee may order all furniture, including by but riot limited to,
5 seats, tables, and planters to be removed in the event of a pending storm, hurricane, or other
6 declared emergency.
7 (24) Tables, chairs and other furniture on the sidewalk may be removed by the Gily City, and a
8 reasonable fee charged for labor, transportation, and storage as well as a fine which shall be
9 initially set at $250 and which shall be levied against the person or entity who owns and/or
10 controls such furniture should the responsible person or entity fail to remove said items within
11 thirty-six (36) hours of receipt of the Gi¥s City's notice to do so for any reason under this
12 section. In the event of a pending storm, hurricane or other declared emergency the City
13 Manager may reduce the thirty-six (36) hour time frame, The city manager City Manager shall
14 promulgate and review, as needed, regulations regarding the storage and disposition of
15 sidewalk cafe furniture under this section .
16 • • •
17 Section 2. Codification. The provisions of this ordinance shall become and be made part of the
18 Land Development Code of the City of South Miami as amended.
19 Sectiori 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any
20 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
21 validity of the remaining portions of this ordinance or the Guidelines adopted hereunder,
22 Section 4. Ordinances in Conflict All ordinances or parts of ordinances and all sections and parts of
23 sections of ordinances in direct conflict herewith are hereby repealed.
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Section 5. Effective Date, This ordinance shall become effective upon enactment
PASSED AND ENACTED this __ day of _____ , .20 ,
ATTEST:
CITY CLERK
1" Reading
2" Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman:
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