South Beach bar owners frustrated as debate over proposed alcohol restrictions drags on
The Miami Beach Commission failed to find consensus on alcohol restrictions that would impact nightlife and businesses in South Beach, and gave preliminary approval on Wednesday to contradictory proposals.
Commissioners voted to approve separate pieces of legislation that would simultaneously impose a citywide 2 a.m. alcohol ban with no exceptions and one that would grandfather in existing businesses and allow them to continue selling alcohol until 5 a.m.
The proposals may change dramatically before the final binding vote at a later date.
City Attorney Rafael Paz said commissioners wouldn’t be able to adopt both proposals.
“You would have to duke it out at second reading,” Paz said.
The proposals were tentatively scheduled for a final vote May 25, although Mayor Dan Gelber said he plans to hold a special meeting to consider them all together.
South Beach business owners and representatives who attended the meeting said they were frustrated with the confusing process. Commissioners have debated new alcohol legislation since January.
“It’s hard to keep up with and even harder to explain to staff and concerned customers,” said Joel Stedman, owner of Twist nightclub on Washington Avenue.
Dan Binkiewicz, owner of the Collins Park bar Sweet Liberty Drinks & Supply Company, said, “It’s like a power struggle to see who’s gonna win.”
Meanwhile, business owners said they are in limbo and the issue may be spooking potential investors who want to open up new bars or restaurants.
“The worry and the stress is absolutely exhausting, and unhealthy for all of us in the industry here,” Binkiewicz said.
Troy Wright, the executive director of the Washington Avenue Business Improvement District, said it was frustrating to see the businesses on his street face uncertainty over whether they will be impacted.
“There doesn’t seem to be any cohesive direction, and that’s what you look for,” he said. “At this point you never know.”
What commissioners voted on
The two citywide alcohol bans that commissioners approved Wednesday have big differences.
The more restrictive ban, sponsored by Commissioner Mark Samuelian, would impose a uniform 2 a.m. ban on alcohol sales citywide with no exceptions.
The other, put forward by Commissioner Kristen Rosen Gonzalez, would grandfather in many existing businesses already licensed to serve until 5 a.m. Larger bars, clubs and restaurants with so-called “Neighborhood Impact Establishment” permits — allowing for occupancy between 200 and 300 people — could keep selling alcohol until 5 a.m.
All other alcoholic establishments could apply for extended-hours approval, if they abide by new performance standards including hiring private security.
The legislation was prompted by a November referendum in which a majority of voters said they would support a 2 a.m. citywide rollback with exceptions.
Both proposals received four of seven votes from the commission. Commissioner Alex Fernandez voted in favor of both of them, although he said he would propose tweaks to exempt large businesses.
Those in favor of the more restrictive ban said voters expect their leaders to roll back alcohol sales. Grandfathering in existing businesses doesn’t go far enough, they said.
But supporters of the more lenient approach noted that the referendum language explicitly called for exceptions.
“At some point we’re going to have to decide if we can get this done and how we’re going to do it,” Samuelian said at the meeting.
David Wallack, owner of Mango’s Tropical Cafe on Ocean Drive, said Rosen Gonzalez’s proposal seemed to be the only path to protect legacy businesses.
“Today revealed a path to success for the nightlife industry while doing their best to build responsibility into the future,” he said.
A third citywide proposal put forward by Gelber, which will be heard with the others at a later meeting, would impose a 2 a.m. ban but create business-specific and geographic exceptions.
Gelber said the commission’s actions Wednesday ensured that neither of the proposals would die in the legislative process, setting the stage for an eventual “day of reconciliation.”
He said although the commission passed “pretty inconsistent approaches,” he hopes it can find common ground and hammer out a deal that has majority support and honors the will of the voters.
“In order to achieve the possible, I think there are going to have to be some compromises that I hope my colleagues will consider,” Gelber said.
Commissioners on Wednesday also gave preliminary approval to neighborhood-specific alcohol legislation that would impact businesses in the South of Fifth neighborhood and those on the 41st Street corridor in Mid Beach.
Those areas have been under a 2 a.m. ban since 2016, but some businesses have been allowed to keep serving alcohol later. The commission action Wednesday would remove those exceptions. A final vote for those items is also needed.
A companion item that would have lifted exceptions in the West Avenue neighborhood failed to pass.
While the goal of the 2 a.m. ban is aimed at curbing disorder and crime in the city, Sweet Liberty’s Binkiewicz said commissioners have hardly spoken about public safety. It’s all been about blaming bars for crime that happens in the street, he said.
“The bars are the scapegoats because they can’t figure it out,” he said.
This story was originally published April 6, 2022 at 4:40 PM.
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