Alcohol restrictions for South Beach nightlife will be considered by commission
Five months after voters said they would support new alcohol restrictions, the City Commission will meet on Wednesday to consider proposals that could change the world-famous nightlife scene in South Beach.
Miami Beach commissioners are scheduled to discuss three proposals that would roll back alcohol sales by three hours from 5 a.m. to 2 a.m. One of the proposed ordinances would impose a blanket 2 a.m. alcohol ban citywide. The other two would create exceptions for some existing 5 a.m. businesses or for those in certain areas of the city.
In November, 57% of voters approved a non-binding referendum supporting a 2 a.m. rollback of alcohol sales with certain “exceptions” for the commission to decide. Supporters of the referendum, including Mayor Dan Gelber, argued it was necessary to change South Beach’s reputation as a raucous party destination. Critics, including business owners, said it would hurt employees of places that sell alcohol and do little to curb crime.
But the open-ended language of the straw ballot left the matter of voter intent up to commission interpretation.
That has led to differences of opinion on how best to balance the interests of residents who want to change the city’s entertainment industry and business owners committed to saving it. Commissioners, who began discussing proposed legislation in January, are also navigating potential legal challenges after a judge struck down the city’s previous two attempts at rolling back alcohol sales.
“In my mind, Wednesday is really a last call for the 2 a.m. alcohol debate,” said Commissioner Mark Samuelian, who is calling for a strict 2 a.m. cutoff with no exceptions. “We are now at the point when it is up to the commission to deliver.”
On the other end, a proposal by Commissioner Kristen Rosen Gonzalez would grandfather in existing 5 a.m. businesses with certain conditional-use permits. Other businesses would need commission approval to serve alcohol after 2 a.m. They would also be required to submit security and crowd control plans, hire security and agree to cooperate with police or code enforcement.
Commissioners, who discussed alcohol legislation in a committee meeting last month, seem to have focused on the two proposals — although it is unclear if either has the required four votes to pass the seven-member commission.
If either ordinance is approved Wednesday, it would require a final vote in late May or June.
A third option, presented by Gelber, would create exceptions for large hotels on Collins Avenue north of the South Beach entertainment district and businesses in other zones across the city. It would require five votes to pass. Commissioners approved the ordinance in a preliminary vote in February, but it no longer appears to have enough support.
Gelber said Tuesday he believes the ordinance could pass, but he is willing to compromise to get something approved.
“I’ll take virtually anything I can get at this point,” he said.
The commission will also consider further restricting alcohol sales near the 41st Street corridor in Mid Beach. The area has had a 2 a.m. alcohol ban since 2016, but alcohol establishments operating at the time have been exempt from the ban. The ordinance, sponsored by Commissioner Alex Fernandez, would lift the exemption.
Other proposals may be presented soon. Fernandez, who has expressed frustration over how much time the alcohol debate has taken up, said he will propose a 2 a.m. citywide rollback for outdoor venues only.
Commissioner David Richardson, noting that none of the current proposals may pass, said there may be a way to address the “carnival” atmosphere on Ocean Drive without rolling back alcohol sales. He is proposing height and density incentives to redevelop hotels into residential or office buildings.
He said he has spoken to the Clevelander on Ocean Drive about the possibility of converting the famed hotel and bar into a closed-off residential building with fine dining. Currently, the Clevelander’s large outdoor patio creates an attraction for crowds to gather outside, he said. An attorney for the Clevelander declined to comment.
“My goal with this proposal is to find avenues to change the business model of certain businesses in the [South Beach entertainment] district,” Richardson wrote in an email blast Tuesday. “The ‘carnival’ atmosphere created by certain businesses spills into the streets thus creating a situation that is untenable for our community and police.”
This story was originally published April 5, 2022 at 7:25 PM.
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