SR.2 - Allow Sidewalk Cafes Flagler
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AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, TITLED “STREETS AND SIDEWALKS/SIDEWALK AND STREET CAFES,” TO PROVIDE FOR CERTAIN ESTABLISHMENTS THE USE OF THE SIDEWALK IN THE FLAGLER SPECIALTY DISTRICT CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
May 28, 2026
Sponsors
Higgins
King
Gabela
Pardo
Escalona
Rosado
Vote Details
ADOPTED
Motion to: Adopt
Mover: Damian Pardo, Commissioner
Seconder: Ralph "Rafael" Rosado, Commissioner
Ayes (5):
King, Gabela, Pardo, Escalona, Rosado
Enactment Number: 14466
Department: Commissioners and Mayor
Category: Elected Official Item
WHEREAS, Chapter 54, Article VI of the Code of the City of Miami, Florida, as amended (“City Code”), provides for regulations governing sidewalk and street cafes on the rights-of-way within the City of Miami (“City”); and
WHEREAS, to continue the economic and population growth of an urban city, modifications are necessary to ensure that businesses can expand and prosper in a comfortable and safe environment for patrons and pedestrians; and
WHEREAS, certain businesses in the Flagler Specialty District as defined in Section 4-5 of the City Code are able to fully avail themselves to areas adjacent to their properties, which would not be inconsistent with other businesses in the area; and
WHEREAS, the Planning, Zoning, and Appeals Board (“PZAB”) at its meeting on \_\_\_\_\_\_\_\_\_, following an advertised hearing, adopted Resolution No. \_\_\_\_\_\_\_\_\_\_ by a vote of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, recommending \_\_\_\_\_\_ of this item to the City Commission; and
WHEREAS, it is in the best interest of the City and to allow for certain business to make use of the rights-of-way;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 54, Article VI of the City Code is amended in the following particulars:
"CHAPTER 54
STREETS AND SIDEWALKS
\*\*\*
ARTICLE VI. SIDEWALK AND STREET CAFES
\*\*\*
Sec. 54-223. – Definitions.
As used in this article:
\*\*\*
Sidewalk cafemeans 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, or Alcohol Service Establishment located in the Flagler Specialty District as defined and outlined in Exhibit “R” in Sec. 4-5 of the City Code.
\*\*\*
Sec. 54-225. - Permit application.
(a)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 applicationor a copy of a valid City business license to operate as an alcohol service establishment.
\*\*\*
Sec. 54-226. - Permit requirements.
\*\*\*
(g)In the Flagler Specialty District, any Alcohol Service Establishment shall ensure that all beverages (including alcoholic beverages) areprohibited from being prepared outside the main structureon the premises and all beverages (including alcoholicbeverages) must be served from within the main structureon the premises. Further, proof of licensure by the State of Floridato serve alcoholic beverages is required. In addition to all other requirementsof law, the Alcohol Establishment shall take reasonable steps to insure that alcoholicbeverages are consumed only by patrons who areof legal age and not by passersby or persons who are notof legal age or who are obviously intoxicated. Patrons shall not be allowed to leave the permitted area while drinking alcoholic beverages. Reasonable steps shall include the use of moveable barriers, such asmoveable planters or fences to define the permitted area, supervision of the outside area by security or staffpersonnel, and/or surveillance by electronic monitors.Failure by the bar owner to take such reasonable steps and use them at all times that alcoholic beverages are consumedin the permitted area maybe grounds for termination ofthe permit and may be deemed an adverseaction against the issuance of any future permit.
\*\*\*
Sec. 54-227. - Standards and criteria for application review.
The following standards and criteria shall be used in reviewing the drawing requiredsubsection54-225(a)(5):
(1)Sidewalk and/or street cafes are restricted to the frontage of the licensed restaurant.or food service establishment, or Alcohol Service Establishment located in the Flagler Specialty District 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.
\*\*\*”
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provision of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.
WHEREAS, to continue the economic and population growth of an urban city, modifications are necessary to ensure that businesses can expand and prosper in a comfortable and safe environment for patrons and pedestrians; and
WHEREAS, certain businesses in the Flagler Specialty District as defined in Section 4-5 of the City Code are able to fully avail themselves to areas adjacent to their properties, which would not be inconsistent with other businesses in the area; and
WHEREAS, the Planning, Zoning, and Appeals Board (“PZAB”) at its meeting on \_\_\_\_\_\_\_\_\_, following an advertised hearing, adopted Resolution No. \_\_\_\_\_\_\_\_\_\_ by a vote of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, recommending \_\_\_\_\_\_ of this item to the City Commission; and
WHEREAS, it is in the best interest of the City and to allow for certain business to make use of the rights-of-way;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 54, Article VI of the City Code is amended in the following particulars:
"CHAPTER 54
STREETS AND SIDEWALKS
\*\*\*
ARTICLE VI. SIDEWALK AND STREET CAFES
\*\*\*
Sec. 54-223. – Definitions.
As used in this article:
\*\*\*
Sidewalk cafemeans 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, or Alcohol Service Establishment located in the Flagler Specialty District as defined and outlined in Exhibit “R” in Sec. 4-5 of the City Code.
\*\*\*
Sec. 54-225. - Permit application.
(a)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 applicationor a copy of a valid City business license to operate as an alcohol service establishment.
\*\*\*
Sec. 54-226. - Permit requirements.
\*\*\*
(g)In the Flagler Specialty District, any Alcohol Service Establishment shall ensure that all beverages (including alcoholic beverages) areprohibited from being prepared outside the main structureon the premises and all beverages (including alcoholicbeverages) must be served from within the main structureon the premises. Further, proof of licensure by the State of Floridato serve alcoholic beverages is required. In addition to all other requirementsof law, the Alcohol Establishment shall take reasonable steps to insure that alcoholicbeverages are consumed only by patrons who areof legal age and not by passersby or persons who are notof legal age or who are obviously intoxicated. Patrons shall not be allowed to leave the permitted area while drinking alcoholic beverages. Reasonable steps shall include the use of moveable barriers, such asmoveable planters or fences to define the permitted area, supervision of the outside area by security or staffpersonnel, and/or surveillance by electronic monitors.Failure by the bar owner to take such reasonable steps and use them at all times that alcoholic beverages are consumedin the permitted area maybe grounds for termination ofthe permit and may be deemed an adverseaction against the issuance of any future permit.
\*\*\*
Sec. 54-227. - Standards and criteria for application review.
The following standards and criteria shall be used in reviewing the drawing requiredsubsection54-225(a)(5):
(1)Sidewalk and/or street cafes are restricted to the frontage of the licensed restaurant.or food service establishment, or Alcohol Service Establishment located in the Flagler Specialty District 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.
\*\*\*”
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provision of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.
Fiscal Impact
N/A