Historic hotels along Collins Avenue could reopen rooftop bars under a proposed ordinance heading to a Miami Beach committee Thursday.

Commissioner Alex Fernandez sponsored the measure, which would let contributing historic hotels in the Collins Waterfront Historic District seek conditional-use approval from the Planning Board to operate rooftop establishments serving alcohol. The Land Use and Sustainability Committee is scheduled to hear the item at 1 p.m. in Commission Chambers, and the full City Commission will take it up on first reading the same day.

Undoing an unintended 2023 rooftop ban

The proposal aims to fix what city staff call an unintended consequence of a 2023 rule change. That year, the City Commission expanded the definition of a neighborhood impact establishment to include any rooftop alcoholic beverage establishment within 200 feet of a residential unit. Because neighborhood impact establishments are already prohibited in the RM-2 zoning district, the change effectively banned rooftop restaurants that hotels in the area had historically operated as accessory uses.

City Manager Eric Carpenter's committee memo recommends the committee endorse the amendment. The memo says the fix would restore regulatory flexibility lost under the 2023 ordinance and allow historic hotels to maintain guest amenities and revenue sources while protecting adjacent residential areas.

Closing times, music limits and seating caps

The proposed rules come with guardrails. Rooftop operations would have to shut down by midnight Monday through Thursday and by 1 a.m. Saturdays and Sundays. Live entertainment of any kind would be prohibited. Only recorded music at or below ambient volume would be allowed. Seating would be capped at 150.

Hotels would still need to go through the conditional-use permit process before the Planning Board, giving neighbors a chance to weigh in on individual applications.

A narrow scope and a lobbyist's request

Fernandez referred the item to the committee and the Planning Board on July 22. The ordinance text applies only to establishments on the top floor of a contributing hotel structure fronting Collins Avenue within the historic district. The applicable area is listed as Middle Beach.

The agenda item discloses that lobbyist Paul Savage requested the measure on behalf of 3010 Miami Hotel LLC. The specific hotel property the LLC represents has not been publicly identified.

Fernandez has pushed a broader deregulatory agenda for Miami Beach hospitality. In February, when the commission unanimously adopted separate legislation streamlining permits for restaurants and live entertainment on commercial corridors, he told Florida YIMBY, "The irony is that this type of venue that people miss would not be allowed to open as of right under the framework we just changed."

After first reading, the commission would need to approve the item again at a second reading. If adopted, it would take effect 10 days later. The Planning Board hearing date has not been announced. Thursday's meeting will be available via Zoom.