PZ.6 - Approve Alcohol Service Exceptions
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A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS THREE (3) EXCEPTIONS: (1) A REDUCTION IN THE REQUIRED DISTANCE SEPARATIONS FOR AN ALCOHOL SERVICE ESTABLISHMENT PURSUANT TO ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (“MIAMI 21 CODE”), AND CHAPTER 4 - ALCOHOLIC BEVERAGES, SECTIONS 4-4(G) AND 4-7(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"); (2) AN ALCOHOL BEVERAGE SERVICE ESTABLISHMENT WITHIN THE “D1,” WORK PLACE DISTRICT ZONE PURSUANT TO ARTICLE 4, TABLE 3 AND ARTICLE 7, SECTION 7.1.2.6 OF THE MIAMI 21 CODE AND CHAPTER 4 - ALCOHOLIC BEVERAGES, SECTION 4-7(C) OF THE CITY CODE; AND (3) AN EXTENSION OF ALCOHOL SERVICE HOURS UNTIL 5:00 A.M. PURSUANT TO ARTICLE 7, SECTION 7.1.2.6 OF THE MIAMI 21 CODE AND CHAPTER 4 - ALCOHOLIC BEVERAGES, SECTIONS 4-3(A) AND 4-7(C) OF THE CITY CODE, FOR THE REAL PROPERTY GENERALLY LOCATED AT 150 NORTHWEST 73 STREET, SECOND...
September 24, 2026
Department: Department of Planning
Category: Planning and Zoning
WHEREAS, LRMF OWNER LLC and Fooqs Little RiverLLC (collectively, “Applicant”) has applied to the City of Miami (“City”) for three (3) Exceptions: (1) a reduction in the required distance separation from a school pursuant to Article 7, Section 7.1.2.6 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, (“Miami 21 Code”) and Chapter 4, titled, “Alcoholic Beverages,” Sections 4‑4(g) and 4‑7(c) of the Code of the City of Miami, Florida, as amended, (“City Code”); (2) allowing an Alcohol Service Establishment within the “D1,” Work Place District Zone pursuant to Article 4, Table 3 and Article 7, Section 7.1.2.6 of the Miami 21 Code and Chapter 4, titled “Alcoholic Beverages,” Section 4‑7(c) of the City Code; and (3) an extension of Alcohol Service hours until 5:00 A.M. pursuant to Article 7, Section 7.1.2.6 of the Miami 21 Code and Chapter 4, titled “Alcoholic Beverages,” Sections 4‑3(a) and 4‑7(c) of the City Code, for the real property generally located at the second floor of 150 Northwest 73 Street, Miami, Florida, as more particularly described in the attached and incorporated Exhibit “A” (“Property”); and
WHEREAS, pursuant to the Zoning Atlas of the Miami 21 Code, the Property has a zoning designation of “D1,” Workplace District; and
WHEREAS, pursuant to the Miami Neighborhood Comprehensive Plan (“MCNP”), the Property has a Future Land Use Map (“FLUM”) designation of “Transit Oriented Node – 2”; and
WHEREAS, the Property is located within the Little River neighborhood; and
WHEREAS, the Property is approximately 31,940 square feet or 0.733 acres, and the proposed Alcohol Service Establishment is approximately 1,900 square feet; and
WHEREAS, on August 14, 2025, the City’s Office of Zoning issued a denial for an Alcohol Reservation Letter (“Reservation Letter”) as the proposed Alcohol Service Establishment did not meet the distancing requirements for schools as set forth in Chapter 4, Section 4-4; and
WHEREAS, per the Reservation Letter, the school is 678 feet from the proposed Alcohol Service Establishment where 1,000 feet distance separation is required pursuant to Chapter 4, Section 4-4 – and therefore requires an Exception with City Commission approval; and
WHEREAS, the entrance of the Alcohol Service Establishment is located on the Second Floor of the Property; and
WHEREAS, the Applicant submitted an operational/business plan that addresses hours of operation, number of employees, menu items, business goals, sanitation, and other operational characteristics pertinent to the Alcohol Service Establishment applications required byChapter 4 of the City Code; and
WHEREAS, the proposed Alcohol Service Establishment will operate with thirty-nine (39) seats and fifteen (15) tables; and
WHEREAS, the proposed Alcohol Service Establishment shall operate Monday through Sunday from 10:00 P.M. to 5:00 A.M.; and
WHEREAS,it is found that the Exceptions meet the criteria of Article 4, Table 12; and
WHEREAS, the Planning Department, pursuant to Article 7, Sections 7.1.2.6 of the Miami 21 Code, recommends approval with conditions; and
WHEREAS, the Planning, Zoning and Appeals Board (“PZAB”), at its meeting on July 15, 2026, following an advertised public hearing, adopted Resolution No. PZAB-R-26-044 by a vote of nine to zero (9-0), Item No. 6, recommending approval with conditions of the Exceptions; and
WHEREAS, during the hearing, the PZAB also recommended that the area be studied to consider whether a specialty or entertainment district is appropriate for the area; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other regulations of the City; and
WHEREAS, the City Commission finds that the applicable requirements of the Miami 21 Code have been met with the conditions as stated in Section 2 herein; and
WHEREAS, based on the testimony and competent substantial evidence in the record, after due notice and an opportunity to be heard has been afforded to all parties and members of the public, the City Commission approves with conditions the requested Exceptions;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commissionapproveswith conditions the three (3) requested Exceptions: (1) a reduction in the required distance separation from a school pursuant to Article 7, Section 7.1.2.6, of the Miami 21 Code and Chapter 4 - Alcoholic Beverages, Sections 4‑4(g) and 4‑7(c) of the City Code; (2) allowing an Alcohol Service Establishment within the “D1,” Work Place District Zone pursuant to Article 4, Table 3 and Article 7, Section 7.1.2.6 of the Miami 21 Code and Chapter 4 - Alcoholic Beverages, Section 4‑7(c) of the City Code; and (3) an extension of Alcohol Service hours until 5:00 A.M. pursuant to Article 7, Section 7.1.2.6 of the Miami 21 Code and Chapter 4 - Alcoholic Beverages, Sections 4‑3(a) and 4‑7(c) of the City Code, for the real Property generally located at the second floor of 150 Northwest 73 Street, as more particularly described in the attached and incorporated Exhibit “A,” subject to the following conditions:
1.The Project/Alcohol Service Establishment on the Property shall be developed in accordance with the plans and supporting documents submitted, bearing the ePlan stamp for Exception PZ-25-19745.
2.Signage shall be processed under a separate permit in accordance with Article 10 of the Miami 21 Code.
3.The Applicant, owner, and any successor shall comply with the requirements of all applicable departments/agencies as part of the City of Miami building permit submittal process.
4.The Applicant, owner, and any successor must meet all applicable building codes, land development regulations, ordinances, and other laws and pay all applicable fees due prior to the issuance of any building permit.
5.Failure to comply with the conditions herein may result in the revocation of this Exception and shall be subject to any fines and penalties pursuant to the City Code and regulations.
6.The Applicant, owner, and any successor shall meet all applicable local, state, and federal regulations.
7.Any modifications to the approved plans as a result or consequence of the Applicant’s, owner’s, or successor’s compliance with other departments and/or agencies and/or codes, shall require a new review for approval confirmation from the Planning Director in accordance with Article 7 of the Miami 21 Code.
8.Pursuant to the Miami 21 Code, Section 7.1.2.6.e, “an Exception shall be valid for a period of three (3) years during which a building permit or Certificate of Use must be obtained. This excludes a demolition or landscape permit.”
9.The City reserves the right to inspect the Property site to ensure compliance with the listed conditions.
10.Hours of operation for the Alcohol Service Establishment shall be limited to Monday through Sunday from 10:00 PM to 5:00 AM, in accordance with the operation plan submitted with the application.
11.There shall be no service in the outdoor smoking area.
12.There shall be no tables and chairs in the outdoor smoking area.
13.It shall be unlawful to play or operate music boxes, jukeboxes, radios, musical instruments or any other musical devices on or about the premises between the hours of 11 p.m. and 7 a.m. the following day, unless said music devices are played or operated in a closed building and the sound is not audible from the outside of the building so as to disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence. If the City Code imposes a more restrictive noise regulation, the City Code regulation shall govern.
14.Any noise generated on the Property site shall conform to Chapter 36 of the City Code noise regulation.
15.Per Chapter 4 of the City Code, no loitering or drinking outside of the establishment shall be permitted at any time.
16.A change of operator will require the new owner to provide a notarized letter indicating the new operator agrees to these conditions of approval. Should the new operator not agree to these conditions, a new Exception will be required.
17.The Alcohol Service Establishment shall be in compliance with all ADA requirements.
18.The Applicant shall provide a minimum of 18” from back-to-back for each chair to other chairs or structure.
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of thisResolutionis declared invalid, the remaining provisions of thisResolutionshall not be affected.
Section 5. This Resolution shall become effective ten (10) days upon its adoption and signature by the Mayor.
WHEREAS, pursuant to the Zoning Atlas of the Miami 21 Code, the Property has a zoning designation of “D1,” Workplace District; and
WHEREAS, pursuant to the Miami Neighborhood Comprehensive Plan (“MCNP”), the Property has a Future Land Use Map (“FLUM”) designation of “Transit Oriented Node – 2”; and
WHEREAS, the Property is located within the Little River neighborhood; and
WHEREAS, the Property is approximately 31,940 square feet or 0.733 acres, and the proposed Alcohol Service Establishment is approximately 1,900 square feet; and
WHEREAS, on August 14, 2025, the City’s Office of Zoning issued a denial for an Alcohol Reservation Letter (“Reservation Letter”) as the proposed Alcohol Service Establishment did not meet the distancing requirements for schools as set forth in Chapter 4, Section 4-4; and
WHEREAS, per the Reservation Letter, the school is 678 feet from the proposed Alcohol Service Establishment where 1,000 feet distance separation is required pursuant to Chapter 4, Section 4-4 – and therefore requires an Exception with City Commission approval; and
WHEREAS, the entrance of the Alcohol Service Establishment is located on the Second Floor of the Property; and
WHEREAS, the Applicant submitted an operational/business plan that addresses hours of operation, number of employees, menu items, business goals, sanitation, and other operational characteristics pertinent to the Alcohol Service Establishment applications required byChapter 4 of the City Code; and
WHEREAS, the proposed Alcohol Service Establishment will operate with thirty-nine (39) seats and fifteen (15) tables; and
WHEREAS, the proposed Alcohol Service Establishment shall operate Monday through Sunday from 10:00 P.M. to 5:00 A.M.; and
WHEREAS,it is found that the Exceptions meet the criteria of Article 4, Table 12; and
WHEREAS, the Planning Department, pursuant to Article 7, Sections 7.1.2.6 of the Miami 21 Code, recommends approval with conditions; and
WHEREAS, the Planning, Zoning and Appeals Board (“PZAB”), at its meeting on July 15, 2026, following an advertised public hearing, adopted Resolution No. PZAB-R-26-044 by a vote of nine to zero (9-0), Item No. 6, recommending approval with conditions of the Exceptions; and
WHEREAS, during the hearing, the PZAB also recommended that the area be studied to consider whether a specialty or entertainment district is appropriate for the area; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other regulations of the City; and
WHEREAS, the City Commission finds that the applicable requirements of the Miami 21 Code have been met with the conditions as stated in Section 2 herein; and
WHEREAS, based on the testimony and competent substantial evidence in the record, after due notice and an opportunity to be heard has been afforded to all parties and members of the public, the City Commission approves with conditions the requested Exceptions;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commissionapproveswith conditions the three (3) requested Exceptions: (1) a reduction in the required distance separation from a school pursuant to Article 7, Section 7.1.2.6, of the Miami 21 Code and Chapter 4 - Alcoholic Beverages, Sections 4‑4(g) and 4‑7(c) of the City Code; (2) allowing an Alcohol Service Establishment within the “D1,” Work Place District Zone pursuant to Article 4, Table 3 and Article 7, Section 7.1.2.6 of the Miami 21 Code and Chapter 4 - Alcoholic Beverages, Section 4‑7(c) of the City Code; and (3) an extension of Alcohol Service hours until 5:00 A.M. pursuant to Article 7, Section 7.1.2.6 of the Miami 21 Code and Chapter 4 - Alcoholic Beverages, Sections 4‑3(a) and 4‑7(c) of the City Code, for the real Property generally located at the second floor of 150 Northwest 73 Street, as more particularly described in the attached and incorporated Exhibit “A,” subject to the following conditions:
1.The Project/Alcohol Service Establishment on the Property shall be developed in accordance with the plans and supporting documents submitted, bearing the ePlan stamp for Exception PZ-25-19745.
2.Signage shall be processed under a separate permit in accordance with Article 10 of the Miami 21 Code.
3.The Applicant, owner, and any successor shall comply with the requirements of all applicable departments/agencies as part of the City of Miami building permit submittal process.
4.The Applicant, owner, and any successor must meet all applicable building codes, land development regulations, ordinances, and other laws and pay all applicable fees due prior to the issuance of any building permit.
5.Failure to comply with the conditions herein may result in the revocation of this Exception and shall be subject to any fines and penalties pursuant to the City Code and regulations.
6.The Applicant, owner, and any successor shall meet all applicable local, state, and federal regulations.
7.Any modifications to the approved plans as a result or consequence of the Applicant’s, owner’s, or successor’s compliance with other departments and/or agencies and/or codes, shall require a new review for approval confirmation from the Planning Director in accordance with Article 7 of the Miami 21 Code.
8.Pursuant to the Miami 21 Code, Section 7.1.2.6.e, “an Exception shall be valid for a period of three (3) years during which a building permit or Certificate of Use must be obtained. This excludes a demolition or landscape permit.”
9.The City reserves the right to inspect the Property site to ensure compliance with the listed conditions.
10.Hours of operation for the Alcohol Service Establishment shall be limited to Monday through Sunday from 10:00 PM to 5:00 AM, in accordance with the operation plan submitted with the application.
11.There shall be no service in the outdoor smoking area.
12.There shall be no tables and chairs in the outdoor smoking area.
13.It shall be unlawful to play or operate music boxes, jukeboxes, radios, musical instruments or any other musical devices on or about the premises between the hours of 11 p.m. and 7 a.m. the following day, unless said music devices are played or operated in a closed building and the sound is not audible from the outside of the building so as to disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence. If the City Code imposes a more restrictive noise regulation, the City Code regulation shall govern.
14.Any noise generated on the Property site shall conform to Chapter 36 of the City Code noise regulation.
15.Per Chapter 4 of the City Code, no loitering or drinking outside of the establishment shall be permitted at any time.
16.A change of operator will require the new owner to provide a notarized letter indicating the new operator agrees to these conditions of approval. Should the new operator not agree to these conditions, a new Exception will be required.
17.The Alcohol Service Establishment shall be in compliance with all ADA requirements.
18.The Applicant shall provide a minimum of 18” from back-to-back for each chair to other chairs or structure.
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of thisResolutionis declared invalid, the remaining provisions of thisResolutionshall not be affected.
Section 5. This Resolution shall become effective ten (10) days upon its adoption and signature by the Mayor.