SIDEWALK AND STREET CAFES

Miami City Code ch. 54, art. VI

in effect

Miami City Code § 54-221 Statement of purpose.

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. (c) Sidewalk and street cafes must comply with all Americans with Disabilities Act ("ADA") requirements and regulations. (d) A safe, secure and comfortable environment will be maintained for pedestrians using the public right-of-way. (e) Sidewalk and street cafes shall enhance the vitality of the street environment. (f) Sidewalk and street cafes shall be compatible with adjacent streetscape elements in terms of design and construction. (Ord. No. 13123, § 2, 1-14-10; Ord. No. 14035, § 2, 11-18-21)

Miami City Code § 54-222 Permit required.

Sec. 54-222. - Permit required. Operating a sidewalk and/or street cafe on city 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 city right-of-way except as provided by this article. (Ord. No. 9848, § 1, 6-14-84; Code 1980, § 54-108; Ord. No. 13123, § 2, 1-14-10; Ord. No. 13676, § 2, 4-27-17; Ord. No. 13792, § 1, 10-11-18; Ord. No. 14035, § 2, 11-18-21)

Miami City Code § 54-223 Definitions.

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 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. State road shall mean those roadways that are part of the state highway system under the jurisdiction of the Florida Department of Transportation. 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. (Ord. No. 9848, § 1, 6-14-84; Ord. No. 10217, § 1, 1-8-87; Ord. No. 10693, § 1, 1-11-90; Ord. No. 10854, § 1, 3-14-91; Ord. No. 11053, § 2, 3-25-93; Code 1980, § 54-109; Ord. No. 13087, § 2, 9-10-09; Ord. No. 13123, § 2, 1-14-10; Ord. No. 13585, § 2, 1-14-16; Ord. No. 13792, § 1, 10-11-18; Ord. No. 14035, § 2, 11-18-21)

Miami City Code § 54-224 Fees and security deposit.

Sec. 54-224. - Fees and security deposit. (a) Sidewalk cafe. (1) A non-refundable application fee and initial inspection fee of $450.00 shall accompany the sidewalk cafe application. (2) The fee for an annual permit for establishing or maintaining a sidewalk cafe shall be $13.50 per square foot of usable 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 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 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. (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 fails to make an annual payment within 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 and initial inspection fee of $450.00 shall accompany the street cafe application to be submitted to the city. (2) In addition to the application fee required pursuant to subsection 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 calendar days in advance of the effective term of the permit. Payment received more than ten 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 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 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 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. (Ord. No. 9848, § 1, 6-14-84; Ord. No. 10217, § 1, 1-8-87; Ord. No. 10658, § 3, 10-12-89; Ord. No. 10693, § 1, 1-11-90; Ord. No. 10854, § 1, 3-14-91; Ord. No. 11053, § 2, 3-25-93; Code 1980, § 54-111; Ord. No. 11280, § 2, 7-13-95; Ord. No. 12228, § 1, 5-9-02; Ord. No. 13123, § 2, 1-14-10; Ord. No. 13195, § 5, 9-27-10; Ord. No. 13467, § 2, 6-12-14; Ord. No. 13585, § 2, 1-14-16; Ord. No. 13682, §§ 2—5, 5-25-17; Ord. No. 13792, § 1, 10-11-18; Ord. No. 14035, § 2, 11-18-21; Ord. No. 14433, § 3, 1-8-26)

Miami City Code § 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)

Miami City Code § 54-226 Permit requirements.

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 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 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. (Ord. No. 9848, § 1, 6-14-84; Ord. No. 11053, § 2, 3-25-93; Code 1980, § 54-113; Ord. No. 13087, § 2, 9-10-09; Ord. No. 13123, § 2, 1-14-10; Ord. No. 13467, § 2, 6-12-14; Ord. No. 13585, § 2, 1-14-16; Ord. No. 14035, § 2, 11-18-21)

Miami City Code § 54-227 Standards and criteria for application review.

Sec. 54-227. - Standards and criteria for application review. The following standards and criteria shall be used in reviewing the drawing required in subsection 54-225(a)(5): (1) Sidewalk and/or street cafes are restricted to the frontage of the licensed restaurant or food service establishment 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. (2) No tables and chairs will be permitted within five feet of a pedestrian crosswalk, fire hydrant, bus stop, taxistand, or counter service window. (3) Sidewalks shall be a minimum of nine feet in width, 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. (4) 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. (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 36 inches 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 clear path every 25 feet and shall not be more than 36 inches 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 36 inches 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 pedestrian path. (8) 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. (9) Awnings, umbrellas and other decorative material shall be fire retardant pressure treated, or manufactured of fire resistive material. (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 permittee's expense, any trees that are damaged as a result of the sidewalk and/or 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. 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 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 zoning regulations. (Ord. No. 9848, § 1, 6-14-84; Ord. No. 10217, § 1, 1-8-87; Ord. No. 10693, § 1, 1-11-90; Ord. No. 10854, § 1, 3-14-91; Code 1980, § 54-114; Ord. No. 13123, § 2, 1-14-10; Ord. No. 13585, § 2, 1-14-16; Ord. No. 13676, § 2, 4-27-17; Ord. No. 13792, § 1, 10-11-18; Ord. No. 14035, § 2, 11-18-21)

Miami City Code § 54-228 Indemnification and insurance.

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 loss to any property including the city, its instrumentalities, officials, employees, and agents arising out of or in connection with the performance or nonperformance 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 right-of-way that the permittee is/are jointly and severally responsible, at each 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 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) The 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. (Ord. No. 9848, § 1, 6-14-84; Code 1980, § 54-115; Ord. No. 13123, § 2, 1-14-10; Ord. No. 13585, § 2, 1-14-16; Ord. No. 13792, § 1, 10-11-18; Ord. No. 13918, § 2, 9-24-20; Ord. No. 14035, § 2, 11-18-21)

Miami City Code § 54-229 Form and conditions of permit.

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. (3) 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. (5) The department of resilience and public works or the police department may 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. (7) 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. (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 right-of-way 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 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 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. (17) The issuance of a sidewalk and/or 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 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. (Ord. No. 9848, § 1, 6-14-84; Ord. No. 10217, § 1, 1-8-87; Ord. No. 10693, § 1, 1-1-90; Code 1980, § 54-116; Ord. No. 12885, § 1, 2-8-07; Ord. No. 13123, § 2, 1-14-10; Ord. No. 13585, § 2, 1-14-16; Ord. No. 13792, § 1, 10-11-18; Ord. No. 14035, § 2, 11-18-21)

Miami City Code § 54-230 Denial, revocation, or suspension of permit; removal and storage fees; emergencies.

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. (3) 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. (7) 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 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. (Ord. No. 9848, § 1, 6-14-84; Ord. No. 10693, § 1, 1-11-90; Code 1980, § 54-117; Ord. No. 11280, § 2, 7-13-95; Ord. No. 13123, § 2, 1-14-10; Ord. No. 13585, § 2, 1-14-16; Ord. No. 13676, § 2, 4-27-17; Ord. No. 13792, § 1, 10-11-18; Ord. No. 14035, § 2, 11-18-21)

Miami City Code § 54-231 Appeals instituted by the permittee.

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 subsections 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. (Ord. No. 9848, § 1, 6-14-84; Ord. No. 10693, § 1, 1-11-90; Code 1980, § 54-118; Ord. No. 13123, § 2, 1-14-10; Ord. No. 13792, § 1, 10-11-18; Ord. No. 14035, § 2, 11-18-21)

Miami City Code § 54-232 Appeals for street cafe permit approval.

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 calendar days of the issuance of the intended decision pursuant to subsection 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 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. (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 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. (e) Notice. All public hearings on appeals shall include notice of the time and place of the public hearing mailed at least ten calendar days in advance of the hearing to the owner of the subject property and the owners of the adjacent properties. At least ten 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. (f) 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. (Ord. No. 14035, § 2, 11-18-21)

Miami City Code § 54-233 Enforcement.

Sec. 54-233. - Enforcement. Enforcement shall be as prescribed by chapter 2, article X, Code enforcement, and any other remedies as provided by law. (Ord. No. 13123, § 2, 1-14-10; Ord. No. 14035, § 2, 11-18-21)

Source: City of Miami, Florida, City Code, City Charter, Special Acts and Related General Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH54STSI_ARTVISISTCAFetched: 11/1/2026