In recent years, more nightclubs and 5am bars have been establishing themselves in the West Ave neighborhood, causing noise and other disturbances near our homes. WAvNA initiated an ordinance to restrict hours of operation for alcohol establishments which was passed by the City Commission in 2016. Other neighborhoods, i.e. Sunset Harbour, Palm View, North Beach,  thought it was a good idea so they joined the ordinance.

Unfortunately, several alcohol establishment are grandfathered for 5am : Ricky’s, Bodega, Wholes and Halves, Tanuki, Dewey’s, Foxhole, Drunkn Dragon, Macchialina, and Able & Baker. However, the space that Able & Baker occupied has closed down so they should lose their 5am grandfather, per the law.

Below, is a summary of the alcohol ordinance:

DIVISION 4 & 5, Zone CD-1 and CD-2,  Alcohol Establishments, Sec. 142-279 and 142-302 to 310

(a)   The following additional regulations shall apply to alcoholic beverage establishments, whether as a main use, conditional use, or accessory use, that are located on the west side of Alton Road between 5th Street and  Collins Canal; and properties on the east side of West Avenue, between Lincoln Road and 17th Street except alcoholic beverage establishments fronting Lincoln Road between West Avenue and Alton Road,:

(1)   Operations shall cease no later than 2:00 a.m.

(2)   Establishments with sidewalk cafe permits shall only serve alcoholic beverages at sidewalk cafes during hours when food is served in the restaurant, shall cease sidewalk cafe operations at 12:00 a.m. and shall not be permitted to have outdoor speakers.

(3)   Commercial uses on rooftops shall be limited to restaurants only, shall cease operations no later than 11:00 p.m. on weekdays and 12:00 a.m. on weekends. and shall only be permitted to have ambient. background music.

(4)   Entertainment establishments shall be required to obtain conditional use approval from the planning board, in accordance with the requirements and procedures of chapter 118, article IV. Additionally, if approved as a conditional use, entertainment establishments shall be required to install a double door vestibule at all access points from the sidewalk, with the exception of emergency exits.

(5)   Outdoor bar counters shall be prohibited.

(6)   No special event permits shall be issued.

(b)   This section shall not apply to any valid pre-existing permitted use with a valid business tax receipt (BTR) for an alcoholic beverage establishment that (i) is in application status prior to May 21, 2016.

Map shows areas outlined in white effected by this alcohol ordinance.