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Images extracted from submitted plans. See full documents in the attachments section below.
PB21-0448
235 23RD STREET
The following summaries were generated by AI from the official documents linked below. They may contain errors. Please refer to the original documents for authoritative information.
Proposal
This is a modification/revocation hearing for an existing Conditional Use Permit for a Neighborhood Impact Establishment with entertainment at 235 23rd Street (Bacara). The hearing was triggered by repeated violations related to valet operations - specifically, operating valet service without the required valet service listing on the Business Tax Receipt. Since the July 7, 2026 modification/revocation hearing, 20 additional violations (10 zoning, 10 code) were issued, though as of August 14, 2026, a new valet company has added Bacara as an approved location and no new violations have been issued.
Staff Recommendation
CONTINUANCE
Discuss and continue the modification / revocation hearing to the January 5, 2027 meeting.
Conditions:
1. The Planning Board shall maintain jurisdiction of this Modified Conditional Use Permit. The Board reserves the right to modify this Modified Conditional Use approval at the time of a progress report in a non-substantive manner, to impose additional conditions to address possible problems and to determine the timing and need for future progress reports. This Modified Conditional Use is also subject to modification or revocation under Section 2.5.2.5 of the Miami Beach Resiliency Code.
2. This Modified Conditional Use Permit is issued to Miami Loud Holdings, LLC, as operator of this Neighborhood Impact Establishment. 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 City of Miami Beach Planning Department, transferring approval to the new operator or owner and acknowledging acceptance of all conditions established herein prior to the issuance of a new Certificate of Use/Business Tax Receipt. A progress report shall be scheduled prior to the submission and acceptance of the affidavit.
3. The conditions of approval for this Modified Conditional Use Permit are binding on the applicant, the property owners, operators, and all successors in interest and assigns.
4. The applicant shall provide staff documents verifying the service of a valet parking operator which also specifies the locations where vehicles will be stored. The applicant shall also be required to provide and maintain evidence of valet storage facilities. These documents shall be submitted to and approved by staff prior to the approval of a Certificate of Use/Business Tax Receipt.
5. The hours of operation shall be as proposed by the applicant, 10:00 p.m. until 5:00 a.m. 7 days a week.
6. All entertainment shall be limited to the interior of the establishment; no outdoor entertainment shall be permitted. Patrons shall not be permitted to utilize the outdoor portion of the property, except for active ingress and egress into and out of the establishment. All patron queueing shall occur indoors.
7. The installation plan for the sound system for Mokai Cafe, including the location of all the speakers and sound system controls, shall be submitted to staff for review and approval prior to obtaining a building permit.
8. When the sound system is completely installed, but before the Modified Certificate of Use/Business Tax Receipt has been approved, it shall be tested under the supervision of an acoustical consultant acceptable to staff to ensure that all aspects of the system's performance comply with the design intent and recommendations of the sound system study submitted as part of this application. A final report issued by said acoustical consultant shall be submitted to staff for review and approval.
9. Business identification signs shall be submitted to Design Review staff for review and approval before installation.
10. The applicant shall have patrons queue within the indoor portion of the property. No queuing shall occur on the sidewalk, any public right-of-way, or the outdoor portion of the property.
11. Break-away tension stanchions shall be placed to control crowds and allow for the free-flow of pedestrian on public sidewalks and manned by the establishment's security personnel. The placement of the stanchions shall be provided on the modified site plan and submitted to staff for review and approval.
12. All deliveries and trash removal shall be undertaken from Liberty Avenue via the parking lot to the northwest of the site, adjacent to the trash room, not from 23 Street. The applicant shall submit to staff documents that verify the contract with a waste removal company.
13. The applicant shall be responsible for maintaining the areas adjacent to the facility, such as the sidewalk and the areas of the street adjacent to the property. When sweeping the sidewalk in front of the establishment, the personnel doing the sweeping shall ensure that they do not merely push the refuse in front of another building but pick up all trash and dispose of it appropriately. In addition, at the end of business each day sidewalks shall be swept and hosed down.
14. Street flyers and handouts shall not be permitted, including handbills from third-party promotions.
15. A final certificate of completion or certificate of occupancy, whichever may apply, including an occupant load certificate for the space, shall be obtained before an application is made for a Certificate of Use/Business Tax Receipt.
16. The Planning Board shall retain jurisdiction to call the operators back before the Board and impose new conditions, modify the hours of operation, other noise conditions, or the occupant load should there be issuance of written warnings and/or notices of violation (as determined by Code Compliance) about loud, excessive, unnecessary or unusual noise.
17. The receipt of a written warning or a notice of violation of section 46-158, Code of the City of Miami Beach, Florida (a/k/a 'noise ordinance'), as amended and as these sections may in the future be renumbered, shall be deemed a violation of this Conditional Use Permit and subject to the remedies as described in section 2.5.2.5 of the Miami Beach Resiliency Code.
18. Violation of the Miami-Dade County Code Section 21-28 (a/k/a 'noise ordinance') or Section 46-152, Code of the City of Miami Beach, Florida (a/k/a collectively, 'noise ordinance'), as amended and as these sections may in the future be renumbered, shall be deemed a violation of this Conditional Use Permit and subject to the remedies as described in section 2.5.2.5 of the Miami Beach Resiliency Code.
19. The applicant shall satisfy outstanding liens and past due City bills, if any, to the satisfaction of the City prior to the approval of an occupational license a Modified Certificate of Use/Business Tax Receipt to operate a Neighborhood Impact Establishment.
20. This Order is not severable, and if any provision or condition hereof is held void or unconstitutional in a final decision by a court of competent jurisdiction, the Order shall be returned to the Board for reconsideration as to whether the Order meets the criteria for approval absent the stricken provision or condition, and/or it is appropriate to modify the remaining conditions or impose new conditions.
21. This Modified Conditional Use Permit shall be recorded in the Public Records of Miami-Dade County at the expense of the applicant, prior to the issuance of a modified certificate of use.
22. The applicant agrees and shall be required to provide access to areas subject to this CUP (not including private residences) for inspection by the City (i.e.: Planning, Code Compliance, Building Department, Fire Safety), to ensure compliance with the terms and conditions of this CUP.
23. The establishment and operation of this Modified Conditional Use shall comply with all the aforementioned conditions of approval; non-compliance shall constitute a violation of the Code of the City of Miami Beach, Florida, and shall be subject to enforcement procedures set forth in Section 1.3.7 of the Land Development Regulations (LDRs), entitled 'ENFORCEMENT', and such enforcement procedures as are otherwise available. Any failure by the applicant to comply with the conditions of this Order shall also constitute a basis for consideration by the Planning Board for a revocation of this Conditional Use.
24. Nothing in this Order authorizes a violation of the City Code or other applicable law, nor allows a relaxation of any requirement or standard set forth in the City Code.
Compliance Findings:
✗ Land Development Regulations: Non-Compliant
Key Issues
Repeated violations for operating valet service without valet service listed on Business Tax Receipt
20 violations issued between July 9 and August 9, 2026 (10 zoning, 10 code), constituting the 23rd through 28th+ offenses
At the July 7, 2026 hearing, Bacara was removed as an approved valet location on the BTR minutes before the hearing concluded, unbeknownst to staff
Board condition from July 7, 2026 required no additional violations prior to January 5, 2027 hearing - this condition was violated
Previously issued violations scheduled to be heard by Special Magistrate on August 31, 2026
As of August 14, 2026, a new valet company has added Bacara as an approved valet location and no new violations have been issued
Ongoing compliance with modified CUP conditions regarding indoor queuing and no outdoor patron use except ingress/egress
