Form and conditions of permit.

Miami City Code § 54-229

in effect

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)

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_ARTVISISTCA_S54-229FOCOPEFetched: 11/1/2026