Clevelander wins lawsuit against Miami Beach over alcohol rollback

The Clevelander South Beach
The Clevelander South Beach (Getty) via www.therealdeal.com

City of Miami Beach plans to appeal

Miami Beach’s attempt at curbing late-night partying by ending alcohol sales earlier was overturned in court.

The decision is a win for businesses that opposed the rollback but bad news for developers who say the city needs to reinvent its image in the entertainment district.

The Clevelander South Beach, a hotel with a restaurant and bar known for its all-day party environment, sued the city in late May over the commission’s vote to temporarily roll back alcohol sales to 2 a.m. from 5 a.m. in the entertainment district. The area is between Collins Avenue and Ocean Drive, from Fifth to 15th Street.

Miami-Dade Judge Beatrice Butchko decided during a virtual hearing on Monday that the commission’s vote on May 12 was illegal. The city passed the measure as a typical ordinance with a simple majority vote of 4 to 7. But because the decision impacts a specific district, that means that it was a land-development regulation requiring a supermajority vote of 5 to 7, according to the city and an attorney for the Clevelander.

No written order has been entered yet.

The city plans to appeal. In the meantime, the 2 a.m. cutoff will stay, unless an order mandating otherwise is issued, according to Deputy City Attorney Aleksandr Boksner. Butchko’s ruling on Monday did not identify when the rollback should be lifted.

By Lidia Dinkova for www.therealdeal.com
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