Pursuant to the request of Mayor Dan Gelber, the above agenda item has been placed on the April 28, 2023 City Commission meeting agenda as a referral to the Planning Board.

On May 11, 2016, the City Commission adopted Ordinance No. 2016-4014, amending the hours of operation, and location and use restrictions for alcoholic beverage establishments located along the west side of Alton Road and east of Alton Court, from 6th Street to the Collins Canal, and along the east side of West Avenue, from Lincoln Road to 17th Street. 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 May 21, 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.

 On February 9, 2022, the City Commission referred an Ordinance to the Planning Board in order to repeal existing exceptions from the 2:00 a.m. termination time applicable to portions of the west side of Alton Road and the east side of West Avenue. On February 22, 2022, the Planning Board transmitted the Ordinance to the City Commission with a favorable recommendation, and endorsed potential amendments. At the City Commission meeting on April 6, 2022, the Ordinance failed on First Reading by a vote of 4-3. Because the vote on the original Ordinance occurred more than 90 days ago, this referral is properly before the City Commission and does not require a 6/7ths vote to be added to the agenda.

On February 22, 2023, the City Commission adopted Ordinance No. 2023-4543, establishing a uniform 2:00 a.m. termination time for the sale and consumption of alcoholic beverages outdoors at alcoholic beverage establishments located between Biscayne Bay on the west, the eastern boundary line of properties fronting West Avenue on the east, the 5th Street right-of-way on the south, and the Lincoln Road right-of-way on the north.