LTC 334-2023 Resolution from the South of Fifth Neighborhood Association (SOFNA) - Relating to Iem R5 U on the July 26, 2023 Commission MeetingM IA M I BEACH
OFFICE OF THE CITY CLERK
LTC# 334-2023
LETTER TO COMMISSION
TO:
FROM:
DATE:
SUBJECT:
Mayor Dan Gelber and Members of the City Commission
Alina T. Hudak, City Manager
Rafael A. Paz, City Attorney
Joseph M. Centorino, Inspector General
Rafael E. Grana do, city ~erk J/
was.ass /51
Resolution from the South of Fifth Neighborhood Association (SOFNA) -
Relating to Item RS U on the July 26, 2023 Commission Meeting.
On behalf of the South of Fifth Neighborhood Association (SOFNA) Board of Directors, attached
please find a resolution relating to Item R5 U on the July 26, 2023 Commission meeting.
R5 U 1"Rdg, Ind oor Restaurant Am bient Entertainment Pilot Program. (Arriola) PL
F:\CLER\$ALL\L TC FROM ASSOCIATIONS\SOFNA 07252023.docx
Dear Mayor and Commissioners:
The South Of Fifth Neighborhood Association, Inc., STRONGLY OPPOSES Item Ordinance R5-
U, INDOOR RESTAURANT AMBIENT ENTERTAINMENT PILOT PROGRAM on the July 26,
2023 Commission_Agenda,
The proposed Pilot Program is the continuation of a failed 2019 Ambient Pilot Program attempt. Its
purpose is to undennine the long established LDR's in the South of Fifth and Sunset Harbor areas
that are supported by the residents in our high residential zones. It is important to note that the City
of Miami Beach working in conjunction with residents of the South of Fifth Neighborhood
successfully defended our rights to No Live Entertainment in our LDR's against a restaurant operator
who challenged it on 1 Amendment rights. Any pilot program that would affect our No
Entertainment rule effectively opens the door to more legal challenges in the future as one cannot
select what is the proper type or quantity of live entertainment instruments allowed under this so
called "ambient" provision.
The residents of Miami Beach fully comprehend what "Ambient" means. It is not a science based
registered meter value based on decibel levels of up to 65 Db max, but rather a subjective
determination of 'does it sound loud' to the ear of a code compliance inspector when they stand
outside of an establishment. We reject any attempt to change our live entertainment restrictions based
on the proven failed Code Compliance standard of"Ambient" along with the encumbered Special
Master fine process.
The Pilot proposed uses as justification a survey of the Commercial Operators South of Fifth. The
SOFI area has many of the highest grossing per seat operations in the country without live
entertainment. It is not by acci dent that residents of the affected areas w ere not surveyed. T here
is no support or justifi cati on fr om your resident constituents fo r this Pilot Program .
Please vote N O .
Sincerely,
SOFNA Board of Directors
Keith Marks -- President
Alyson Herman- Vice President
Jordan Levy -- Treasurer
Ronald Starkman -- Secretary
John Caprio -- Director
David Podein - Director
Mark Haskins -- Director
Granado, Rafa el
From:
Sent:
To:
Subject:
Attachments:
CityManager
Tuesday, July 25, 2023 4:24 PM
Granado, Rafael
FW: Item Ordinance R5-U, INDOOR RESTAURANT AMBIENT ENTERTAINMENT PILOT
PROGRAM- SOFNA Resolution in opposition
Resolution26.pdf
FYI
From: Continuum Master President <president@ continuummaster.com>
Date: Tuesday, July 25, 2023 at 3:20 PM
To: Mayors Office <MayorsOffice@ miam ibeach fl.gov>, Kristen Rosen Gon zalez <kristen@roseng onzalez.com>,
"Fernandez, Alex" <Alex@miamibe achfl.gov>, "Dom inguez, Laura" <Laura@miami beach fl.gov>, Com mission er
Steven Meiner <StevenMeiner@m i amibeach fl.gov>, "Rich ardson , David"
<DavidRich ardson@mi amibe achfl.gov>, "Ar riola, Ricky" <RickyArriola@m iami beachfl.gov>, "Paz, Rafael"
<RafaelPaz@miamibeachfl.gov>, CityM anager <CityManager@m i amibe ach fl.gov>, Wayne Jones
<W ayneJones@miami beach fl.gov>
Cc: "alysherm an @aol.com" <alysherm an@ aol.com >, Ron Starkm an <rpstarkm an@ gm ail.com >, Joh n Caprio
<johncaprio25@ gm ail.com >, Jordy Levy <jordan@seedcp.com >, "David (pt/master atty) Podein"
<DPodein@dhab e rlaw.com>, bruce backm an <bruce.backm an@yah oo.com >, Frank Del Vecchio
<fdelvecchio@atlanti cbb.net>, mark haskins <markphaskins @gm ail.com>
Subject: Item Ordinance R5-U, INDOOR RESTAURANT AMBIENT ENTERTAINMENT PILOT PROGRAM- SOFNA
Resolution in opposition
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ATTACHMENTS]
Dear Mayor and Commissioners,
"INSANITY IS DOING THE SAME THING OVER AND OVER AGAIN AND EXPECTING DIFFERENT RESULTS". ALB ERT EINSTEIN
How many times will this item appear before this will be called and defeated on first reading? The sponsor is making a
joke of this process by pulling this item months ago and bringing it back without a time certain so the Mayor will not call
it for defeat. For what purpose does it serve not to discuss this and vote upon it?
Please allow a vote and please vote NO on this amendment. Our SOFNA Resolution is attached.
Regards,
Keith Marks, SOFNA President
For the SOFNA Community and Board
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