Res No 111-20-15551RESOLUTION NO.111-20-15551
A Resolution of the Mayor and City Commissioners of the City of South
Miami encouraging the City Manager to authorize certain indoor dining that
is exposed to the outside elements.
WHEREAS, in response to the Novel
City Manager declared a state of emergency
Chapter 14 of the City Code of Ordinances; and
Coronavirus Disease-2019 ("COVID-19"), the
pursuant to Florida Statute, Chapter 252 and
WHEREAS, the Miami -Dade County Mayor has issued a series of emergency orders,
collectively known as the "Safer at Home" protocols pursuant to Emergency Order 12-20; and
WHEREAS, the Govemor has issued a series of executive orders, including Executive
Order Nos. 20-112, 20-120, 20-122, and 20-123 setting forth the terms for the gradual reopening
of businesses throughout the state; and
WHEREAS, based on the above -mentioned Governor's Executive Orders, Miami -Dade
County Mayor issued Emergency Order 23-20, as later amended, allowing for the re -opening of
restaurants and certain retail establishments with specific conditions, requiring certain measures
if an employee tests positive, and expressly allowing for municipalities to impose more stringent
standards; and
WHEREAS, given the emergency nature of the COVID-19 pandemic and its ongoing
impact on businesses and civic uses in the City, the City Commission finds that it is necessary to
immediately authorize the City Manager to provide for the review and approval of temporary
uses for businesses impacted by COVID-19.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF SOUTH NIIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and confirmed as being true and
correct and are hereby made a specific part of this resolution upon adoption hereof.
Section 2. The City Manager is encouraged to adopt emergency orders that create a
review and approval of temporary uses for businesses impacted by COVID-19 such as allowing
for indoor dining at the perimeter wall of a restaurant if the restaurant is able to create an opening
to completely expose those indoor tables to the outside elements and provide the appropriate
social distancing and provided it conforms to Miami -Dade County and the Governor's
Emergency Orders.
Section 3. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for
Pagel of 2
Res. No. 111-20-15551
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 5. Effective Date. This resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 181° day of AuMtt 2020.
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF,
CITY ATTORNEY
APPROVED:
'MAYOR
COMMISSION VOTE: 5-0
Mayor Philips:
Yea
Vice Mayor Welsh:
Yea
Commissioner Harris:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Page 2 of 2
Agenda Item No:Bb.
City Commission Agenda Item Report
Meeting Date: August 18, 2020
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section:
Subject:
A Resolution of the Mayor and City Commissioners of the City of South Miami encouraging the City Manager to
authorize certain indoor dining that is exposed to the outside elements. 3/5 (Commissioner Liebman)
Suggested Action:
Attachments:
Res Red ucinglndoorDiningEmergencyReg.doc