§ 54-225 — Permit application

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; (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; (5) 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, 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; (7) Photograph of the subject 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; and (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 parking 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, zoning, 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 installations, lighting, electrical connections, fans, and heaters. (c) Within 30 days of receipt of a completed application, the director shall approve or deny the permit. (d) The applicant shall provide proof of necessary insurance prior to receiving the permit.

(Ord. No. 9848, § 1, 6-14-84; Ord. No. 10854, § 1, 3-14-91; Code 1980, § 54-112; Ord. No. 13087, § 2, 9-10-09; Ord. No. 13123, § 2, 1-14-10; Ord. No. 13195, § 5, 9-27-10; Ord. No. 13585, § 2, 1-14-16; Ord. No. 13792, § 1, 10-11-18; Ord. No. 14035, § 2, 11-18-21)