A judge has cleared the way for the city of Miami Beach to change last call for alcohol after a nightclub took the city to court arguing the move is unconstitutional.
This court document is a victory for the city. In 2022, voters told city leaders to change last call from 5 a.m. to 2 a.m., and delivering on that mandate is closer than ever. After years of trying to get this done, the new last call will go into effect in a day or two, the city's mayor said.
“We should have implemented these ordinances immediately after the voters told us they wanted us to," Miami Beach Mayor Dan Gelber said.
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A court ruled Tuesday denying a request for a temporary injunction after the last call rollback south of 5th was approved by the commission last month.
“I thought the basis for the suit was very specious, they basically were saying that the commissioners disagreed and said things that they should not have to abide by the commission vote, which is just not true," Gelber said.
The nightclub Story, which sits in a growing and posh residential neighborhood, filed for an injunction. It argued the city didn't have the power to change last call — and was targeting them specifically.
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“The truth, obviously, is if you go to almost any residential neighborhood anywhere, there are not all nightclubs in residential neighborhoods and south of 5th has become a residential neighborhood," Gelber said.
NBC 6 tried contacting Story for a comment and haven’t heard back.
Story did speak against the rollback before the commission voted in February. It also argued the move would cost them business and have a negative impact on employees.
“That one is tough because maybe they can make an exception for like weekends, Friday, Saturday only," said a resident.
Miami Beach is changing last call times district by district and believes the court ruling gives them the green light to continue. Next up are Alton Road, Ocean Drive and the entertainment district.
“We have more work to do we have to look at the rest of the entertainment district which, by the way, has residents all around them and it's not a true entertainment area only, but it's a place where people live and work as well," Gelber said.
The new last call for south of 5th only makes exceptions for neighborhood bars with 100 occupancy or less.
