1624-10 Clubs THE MIAMI HERALD
Copyright (c) 2004, The Miami Herald
DATE: Thursday, April 15, 2004 EDITION: Final
SECTION: Metro & State PAGE: 1B LENGTH: 67 lines
SOURCE/CREDIT LINE: BY NICOLE WHITE, nwhite@herald.com
NEW CLUBS MAY BE BANNED
Miami Beach residents won a round Wednesday in the struggle over the city's
nightlife when Beach co:cmdssioners voted to ban new nightclubs and restaurants
that morph into after-hours clubs from opening in the city's South Pointe and
Sunset Harbour neighborhoods.
The commission has also asked the city administration to study the effect
of rolling back alcohol sales at nightclubs in those two neighborhoods from 5
a.m to 2 a.m - a move that the nightclub and restaurant industries argue would
send patrons to other cities and cripple their livelihoods.
The South Pointe and Sunset Harbour ban follows years of complaints from
residents, including owners of new condos in recently redeveloped
neighborhoods, that many clubs fail to control noisy, disruptive patrons who
spill onto the city's streets.
Last year, the commission banned new bars from playing outdoor music in
South Pointe. The city also has been cracking down on businesses that violate
noise rules. ,.
In addition to the long-standing fights they've had with large clubs such
as Opium Garden on Collins Avenue, residents say dozens of restaurants in
South Pointe and Sunset Harbour use their entertainment licenses to turn into
nightclubs after-hours.
The result, says resident Richard Harris, "a free-for-all. "
If commissioners give final approval next month, 23 existing restaurants in
the neighborhoods will not be permitted to get an entertainment or dancehall
license.
Businesses that already have those licenses will not be affected.
Harris called the commission's decision a good start to solving a problem
that has tainted the city for too long: "The fight has just begun, this is
going to take a while but it's a good start and we've won the first round. "
Although the vote was unanimous, Commissioner Richard Steinberg worried
that the law would shut out legitimate restaurants that need an entertainment
license to ,have a mariachi band or a belly dancer.
"I think this goes too far, I think it's been abused, but the loophole
should be used the way it was intended to be used, " said .Steinberg, who
ultimately decided to vote for the measure but urged the administration to
work on those concerns before the final vote is taken next month. Nightclub
industry representatives expressed alarm that the city would consider cutting
off alcohol sales at 2 a.m. in the two neighborhoods, where Nikki Beach and
Opium are located.
Such a measure would be a dangerous precedent, said David Wallack, owner of
Mango's restaurant and nightclub on Ocean Drive and vice president of the
Ocean Drive Association.
"We are a 5 a.m city, entertainment is our success, our prosperity, " said
Wallack. "You need to study and define the economic ramifications of what it
means to roll back to 2 a.m. "
But Mayor David Dermer said a rollback in the hours would help end the
tussle between residents and clubs.
"If you want to succeed in this process you've got to keep on coming to
meetings. The more you are proactive the more you will succeed, " he told
residents.
residents to deal with —loud and out-of-control pool parties because they
happen to live next door to a hotel. "
Subsequent meetings will continue to be unproductive, said Woodar, who
suggested that the city select representatives from residents' and business
owners' groups to meet in the future.
We need to get a few level-headed people to sit together at the table to
work through this, where people can be more honest, open and more reasonable,
and where people can show some genuine respect for each other, " Woodard said.
Changes to the city's special events ordinance were proposed by the City
Commission last year to address an increase in the number of special events
requests.
Proposed changes include a twice-a-year waiver of the under-21 ordinance
for clubs 10,000 square feet and larger.
Also proposed is an increase in the deposit required of special events
organizers, from $2,500 to $10,000, a significant increase that is being
challenged by nonprofit organizations.
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