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Proposal
This is a modification/revocation hearing for an existing Conditional Use Permit (CUP) for a Neighborhood Impact Establishment with entertainment at 235 23rd Street, operating as Bacara nightclub. The hearing was triggered by a cure letter sent to the operator due to numerous code and zoning violations, including operating valet service without proper Business Tax Receipt authorization, conducting a special event without a permit, noise violations, and a pyrotechnic display violation. Staff recommends continuing the hearing to September 8, 2026 to monitor the establishment's operations.
Staff Recommendation
CONTINUANCE
Conditions:
Planning Board maintains jurisdiction of the Modified Conditional Use Permit
Any change of operator or 50% or more stock ownership shall require the new operator or owner to submit an affidavit approved by City to the Miami Beach Planning Department
Conditions of approval are binding on the applicant, property owners, operators, and all successors in interest and assigns
Applicant shall provide staff documents verifying the service of a valet parking operator specifying locations where vehicles will be stored, submitted and approved prior to Certificate of Use/Business Tax Receipt
Hours of operation: 10:00 p.m. until 5:00 a.m., 7 days a week
All entertainment shall be limited to the interior of the establishment; no outdoor entertainment permitted
Business identification signs shall be submitted to Design Review staff for review and approval before installation
Patrons must queue inside the property; no queuing on sidewalk or public right-of-way
Break-away tension stanchions shall be placed to control crowds and allow free flow of pedestrians on public sidewalks
All deliveries and trash removal shall be undertaken from Liberty Avenue via the parking lot to the northwest, not from 23rd Street
Applicant shall maintain areas adjacent to the facility including sidewalks; sidewalks shall be swept and hosed down at end of each business day
Street flyers and handouts shall not be permitted, including handbills from third-party promotions
A final certificate of completion or certificate of occupancy shall be obtained before application for Certificate of Use/Business Tax Receipt
Planning Board retains jurisdiction to impose new conditions, modify hours of operation, noise conditions, or occupant load upon issuance of written warnings or notices of violation
Receipt of a written warning or notice of violation of Section 46-158 (noise ordinance) shall be deemed a violation of this CUP
Violation of Miami-Dade County Code Section 21-28 or Section 46-152 (noise ordinances) shall be deemed a violation of this CUP
Applicant shall satisfy outstanding liens and past due City bills prior to approval of occupational license
Applicant agrees to provide access to areas subject to this CUP for inspection by the City (Planning, Code Compliance, Building Department, Fire Safety)
Establishment and operation shall comply with all conditions of approval; non-compliance constitutes a violation and basis for revocation
Compliance Findings:
✗ Land Development Regulations: Non-Compliant
Key Issues
Operating valet service without Valet Service listed on Business Tax Receipt, violating CUP Subsection 4 (22 zoning and 22 code violations issued since May 6, 2026)
Conducting a special event without a permit on October 25, 2025 (appeal denied, fine reduced to $500 and paid)
Noise violation - loud music from patio area on October 25, 2025 (written warning issued)
Failure to notify the city at least 96 hours prior to a promoted event on April 15, 2026 (fine of $1,000 paid)
Unauthorized pyrotechnic display on May 7, 2026 (fine of $693 paid)
Ongoing non-compliance with CUP conditions despite prior progress report and cure letter
Multiple Special Magistrate appeals pending as of the report date