Pursuant to the request of Commissioner Alex Fernandez, the above item has been placed on the February 9, 2022 City Commission meeting agenda as a referral to the Planning Board.

On November 9, 2016, the City Commission adopted Ordinance No. 2016-4052, amending the hours of operation, and location and use restrictions for alcoholic beverage establishments in the 41st Street corridor, which is generally bounded by 40th Street to the south and 42nd Street to the north, between Alton Road and Indian Creek. The Ordinance, in pertinent part, provided that alcoholic beverage establishments shall cease operations no later than 2:00 a.m. each night. The City Commission included an applicability clause, exempting from the 2:00 a.m. termination time any alcoholic beverage establishment with a valid business tax receipt (BTR) or land use board approval issued prior to August 23, 2016.

On November 2, 2021, pursuant to Resolution No. 2021-31824, the following ballot question was submitted to the City’s voters:

Non-Binding, Straw Ballot Question: Citywide - Changing Alcoholic Beverage Establishments Sales/Consumption Termination Time

City law allows, subject to exceptions, the sale and consumption of alcoholic beverages at Alcoholic Beverage Establishments throughout the City, from 8:00 a.m. until 5:00 a.m. the following day.

Would you support changing this 5:00 a.m. termination time to 2:00 a.m. throughout the City, with specific locations and related restrictions and exceptions, to be determined by City Commission by Ordinance?

The ballot question was approved by 56.52% of the voters.

On January 12, 2022, a Special City Commission meeting was held to discuss the results of the straw ballot referendum and consider different options to implement the will of the voters.