Who would be exempt from 2 a.m. Miami Beach drinking cutoff? First proposals released
Two months after Miami Beach voters approved a non-binding referendum calling for a rollback of alcohol sales in the city, the city administration released a memo Thursday outlining potential options to impose a 2 a.m. booze ban with exceptions for certain businesses.
Miami Beach commissioners will consider the five “draft options” and discuss their preferred approaches at a special meeting Wednesday, although a vote is not expected.
The sale and consumption of alcohol is generally allowed until 5 a.m. in Miami Beach. Some areas, like the South of Fifth and Sunset Harbour neighborhoods, already have a 2 a.m. cutoff, with some businesses exempted. The November referendum envisioned a citywide 2 a.m. alcohol rollback with “specific locations and related restrictions and exceptions,” though it did not specify what those restrictions and exceptions would be.
The memo, issued by City Manager Alina Hudak, laid out the following possible exceptions to a citywide 2 a.m. rollback:
▪ Fully enclosed venues within oceanfront hotels with at least 200 rooms
▪ In addition to Option 1, fully enclosed restaurants in commercial districts
▪ In addition to Options 1 and 2, fully enclosed bars, dance halls, and entertainment establishments
▪ In addition to Option 1, fully enclosed restaurants, bars, dance halls, and entertainment establishments in certain zoning districts on Washington Avenue, 71st Street or in the Collins Park neighborhood
▪ Businesses that receive a permit for extended alcohol hours under a performance-based approach using still-undetermined criteria
In each option, outdoor alcohol sales and consumption would be required to stop at 2 a.m. Hudak said the options were meant to spark discussion and policy direction.
The commission’s last attempt to restrict alcohol sales is still being deliberated in court. Commissioners voted in May to stop alcohol sales at 2 a.m. in the South Beach entertainment district, although a judge blocked the city from enforcing the ordinance after the Clevelander hotel sued. The city appealed the order, and is waiting for a decision from the Third District Court of Appeal.
Hudak recommended against taking a vote on new alcohol legislation until the legal issue is resolved.
Mayor Dan Gelber, who has spearheaded attempts to restrict alcohol sales in South Beach’s entertainment district, told the Miami Herald on Thursday that the commission should consider all options presented but said he believes Ocean Drive should have a 2 a.m. cutoff. During the campaign, he said he would support exceptions for large hotels in the city.
While the referendum was citywide, Gelber said voters signaled that they wanted commissioners to reform the “all night party” district in South Beach.
“Despite at least a million-dollar campaign against it, our voters said they want to see change, so we cannot make cosmetic changes or ones that don’t address their clear desire to reimagine this area,” Gelber said, referring to efforts by South Beach club owners to oppose the referendum. About 57% of voters approved the straw ballot.
Gelber acknowledged that the 2 a.m. rollback will upset some business owners — and that the city will likely be sued. But he said he isn’t focused on picking winners or losers and that his job is to find consensus on the commission.
“I think there’s a lot of moving parts,” he said. “My job is to try to get my commissioners and city administration onto the same page. There are hotels, there are clubs, there are restaurants. There are different regions of the city. There’s a whole lot of complexity and I have to help my colleagues light upon a plan they support.”
Attorney Steve Polisar, who said he represents businesses in the South Beach entertainment district, said shutting some clubs down but leaving others open won’t address the issues that concern city leaders.
“That’s not the solution, that’s a political solution,” he said.
Polisar said he would prefer that every business have the opportunity to stay open until 5 a.m. by following guidelines for good conduct.
“Why punish the good operators?” he said.
Commissioner Mark Samuelian said in an interview Tuesday that he would prefer a blanket 2 a.m. restriction on alcohol sales citywide but that he would consider exceptions, like for large hotels, if Gelber or his other colleagues wanted to create exceptions.
However, he said, any exceptions should be “continually earned by stellar behavior.” Samuelian said he did not expect a vote at Wednesday’s meeting but that the commission should move “expeditiously” to enact new restrictions as part of the city’s plan to reposition itself from being a hub of late night partying to a cultural destination.
“This is one of the most critical issues confronting the city because of its potential impacts on both public safety and quality of life, which are the community’s priorities and my priority,” he said.
This story was originally published January 6, 2022 at 12:09 PM.
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