Miami Beach commission takes first votes to impose 2 a.m. alcohol ban with exemptions
Miami Beach commissioners held their first votes Wednesday on a patchwork of alcohol restrictions that could redefine the city’s world-famous nightlife, especially in South Beach.
Commissioners — who considered several proposals Wednesday — voted to impose a 2 a.m. citywide ban on alcohol sales or on-site consumption with broad exceptions for large hotels and businesses in specific areas, like the South Beach entertainment district.
They also voted to create a 2 a.m. cutoff in residential neighborhoods like West Avenue and South of Fifth, and restricted alcohol sales across a large swath of South Beach during the height of spring break in March.
Additionally, the commission voted to prohibit the issuance of any new 5 a.m. licenses going forward.
The votes were all preliminary and will require final votes to become law. Most are scheduled for binding votes in April.
The proposals, which commissioners debated and modified on the spot, are expected to be fleshed out before the final votes.
“I think the merits of this will be borne out in the details, and a good number of the details are still left to be resolved,” Mayor Dan Gelber said.
But despite a push from Gelber and Commissioner Mark Samuelian to impose a hard 2 a.m. cutoff in the South Beach entertainment district — which Gelber said was necessary to end South Beach’s reputation as an “all-night party” zone — commissioners voted to dilute the proposal by including exceptions to be determined at future meetings.
“We’ve kicked this down the road again for another great moment of anticipation at the next meeting,” Gelber said Wednesday.
The citywide ban — which carved out South Beach’s entertainment district pending a separate vote governing that area — includes exceptions for hotels with at least 200 rooms and for certain commercial districts.
The exempted areas include the east side of Collins Avenue from 15th to 46th streets, Collins from 65th to 75th streets, the Collins Park area and Normandy Drive in North Beach.
All venues in those areas would be required to apply every year for permission to serve alcohol after 2 a.m. if they follow certain “performance-based” criteria.
Commissioners struggled to agree on restrictions that were in line with a non-binding voter referendum approved last November. Voters signaled their support for a citywide 2 a.m. ban with exceptions to be determined by commissioners.
Currently, bars and clubs throughout most of the city cut off the tap at 5 a.m., with exceptions in some areas.
Commissioner Kristen Rosen Gonzalez, who supports allowing certain businesses to serve alcohol until 5 a.m. in the South Beach entertainment district and elsewhere, said she disagreed with Gelber’s “disparaging” outlook on the vote.
“I think this is exactly what the voters voted on, which is 2 a.m. with certain exemptions,” she said.
But some commissioners said they were worried that their colleagues had gone overboard and that a moratorium on new 5 a.m. licenses would hurt the nightlife scene that has come to define the city. There are currently about 140 businesses with a license to serve alcohol until 5 a.m., city staff said.
Commissioner Ricky Arriola, who voted against the moratorium and the citywide ban, said he would support establishing a 2 a.m. floor but providing a pathway for extended hours to any business that follows the rules.
“You’re going to go down as the person who killed the nightlife industry in Miami Beach,” he told Rosen Gonzalez, who sponsored the moratorium.
As commissioners deliberated, a small group of concerned business owners and lobbyists looked on intently in the commission chamber.
One of them, former Congressman Joe Garcia, said he represented a newly formed coalition of business owners from across the city who opposed the 2 a.m. rollback.
Garcia, who works for Mercury, a consulting firm, said the process was proceeding too quickly and would benefit from public workshops and committee meetings.
“Suddenly, we’re using a Chinese menu of patchwork regulation, creating exemptions without understanding what exactly you’re trying to do,” he said in an interview.
While commissioners have said they do not want to pick “winners and losers,” they singled out several businesses during their deliberations that they wanted to protect from restrictions.
Commissioner Alex Fernandez, who voted in favor of the alcohol restrictions, said he would support exempting some “legacy businesses,” like popular gay bar Twist on Washington Avenue.
“We have a responsibility to protect certain establishments,” said Fernandez, who is gay. “It’s intrinsic in who we are. I cannot vote for something that is going to hurt an establishment like Twist where people feel safe.”
Commissioners also took preliminary action to address areas of the city that already have a 2 a.m. cutoff but where some businesses are currently exempt.
They voted to seek guidance from the Planning Board about removing exemptions for the South of Fifth and West Avenue neighborhoods, and along 41st Street.
Angel Febres, who owns two late-night businesses on Alton Road that would be impacted by the 2 a.m. ban, said he and other business owners had little notice about the actions the commission would take.
If approved on a final vote, the 2 a.m. restriction would cause Febres to close his businesses, he said. Instead of an all-out ban, he would support following enhanced criteria to stay open.
“We would close,” he said. “Employees would lose their jobs.”
This story was originally published February 9, 2022 at 4:41 PM.
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