In May 2021, Miami Beach city commissioners issued a ban on alcohol sales between 2 a.m. and 5 a.m. in Miami Beach’s entertainment district. Following a ruling Tuesday by Circuit Court Judge Beatrice Butchko, the Clevelander Hotel, the only business to file suit over the ban, will now be exempt from the ban while the lawsuit proceeds.
Alexander Tachmes, a hospitality, real estate and land use partner in the Miami office of Shutts & Bowen LLP who represented the Clevelander, stated that in the process of trying to shut down South Beach, the city of Miami Beach disregarded property rights and due process. This case shows that businesses with the resources and persistence to proceed in court will get treated fairly and property rights will be preserved.
“I think that cities need to be aware that even if they are very motivated to make policy changes and seeking to do that in a swift and aggressive way, although they have the right to pass laws, they absolutely cannot ignore due process and vested rights along the way,” Alex said. “And if they do, and somebody sues, they will lose.”
The Clevelander is also represented by Kendall Coffey of Coffey Burlington.
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- “Following judge’s ruling, Miami Beach will not enforce 2 am alcohol sales/consumption cutoff,” RE:MiamiBeach (June 22, 2021)
About Alexander I. Tachmes
Alexander I. Tachmes is a partner in the Miami office of Shutts & Bowen LLP, where he is Chair of the Land Use and Government Relations Practice Group and a member of the Real Estate Practice Group. Alex also is firm-wide Chair of Shutts & Bowen’s Covid-19 Response Team, which is comprised of lawyers from each major practice area affected by the pandemic, including real estate, tax, labor and employment, financial services and creditor’s rights. A Martindale-Hubbell AV® rated attorney, Alex concentrates his practice on governmental matters, including land use and zoning, public-private transactions, competitive bidding and lobbying, and commercial real estate transactions, including hospitality matters.