Please place the above item on the June 28, 2023 City Commission meeting agenda as a referral to the Planning Board. This referral addresses the West Avenue and Alton Road corridors separately.

1. West Avenue Neighborhood

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. 

I would like the City Commission to refer an Ordinance to the Planning Board, to adopt a uniform 2:00 a.m. indoor termination time for the sale and consumption of alcoholic beverages at alcoholic beverage establishments along both sides of West Avenue. The 2:00 a.m. cutoff would apply to both new and existing establishments 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.

Currently, in this area, the sale and on-premises consumption of alcohol indoors is permitted until 5:00 a.m. each night.

2. Alton Road

This referral also contemplates a prospective 2:00 a.m. termination time for the sale and consumption of alcoholic beverages at new alcoholic beverage establishments along the east side of Alton Road, between 5th Street and Lincoln Lane South.

In 2016, the City Commission adopted a prospective 2:00 a.m. termination time for new alcoholic beverage establishments along the west side of Alton Road (east of Alton Court). This item would create parity between the east and west sides of Alton Road by adopting a prospective 2:00 a.m. termination time for new establishments on the east side of Alton Road.

The sale and consumption of alcohol during the early morning hours is disruptive to residents, generates undesirable noise, and results in increased calls for service to the Police and Fire Departments. These impacts are particularly burdensome on the residents of the West Avenue and Flamingo Park residential neighborhoods.

This item is distinguishable from a related measure sponsored by Mayor Gelber which, in addition to West Avenue, would also apply to both sides of Alton Road, and could potentially extend north to the Collins Canal. Mayor Gelber’s item would also apply uniformly to both new and existing establishments. To be clear, this referral would adopt a uniform indoor termination time for West Avenue between 5th Street and Lincoln Road, and a prospective termination time for new establishments along the east side of Alton Road.