Liquor store owner sues Miami Beach over spring break restrictions

Jorge Zubigaray is fighting to stop Miami Beach officials from being buzzkills during another deadly mayhem-filled spring break.

Zubigaray’s Gulf Liquors store at 1681 Alton Road on Wednesday filed a motion for an emergency injunction to block the city from forcing South Beach booze retailers to stop selling beer and spirits after 6 p.m., beginning today through Sunday. 

“The spring break ordinance is the latest excuse for burdening the businesses that make up the city’s entertainment district…specifically singling out liquor stores,” the motion states. “All hotels and restaurants in the city will be permitted to sell alcohol.” 

Zubigaray did not immediately respond to a request for comment. In a televised interview on Wednesday with WSVN, Zubigaray said: “I don’t consider it fair shutting me down ’cause I sell liquor, when the issue is on Ocean Drive.” 

Miami Beach has not been served with the lawsuit, said City Attorney Rafael Paz via email. “But if and when we are, we will defend the emergency order and the city’s right to impose measures intended to protect residents and visitors,” Paz said. “Last year, the circuit court upheld a much more restrictive emergency order under almost identical circumstances, and we are confident that the court will rule in our favor here, too.”

Package store liquor sales “fuel the unruly chaos in the streets,” so curbing public alcohol consumption will help calm things down, Paz said. 

In recent years, the city has taken drastic measures to reign in an unruly party atmosphere that takes over South Beach during spring break, and at times has taken a violent turn. Last weekend, separate shootings ended in the homicide of two people, including a brazen execution on 11th Street and Ocean Drive on Sunday morning before daybreak. 

On Monday, city commissioners opted not to institute a midnight curfew for this weekend, but forced liquor stores that are between West Avenue and Ocean Drive, from Dade Boulevard to South Pointe Park, to stop alcohol sales after 6 p.m. The area covers nearly 7 square miles.  

In 2021, Miami Beach voters passed a referendum rolling back the last call for bars, clubs and restaurants from 5 a.m. to 2 a..m. So far, city commissioners have only enacted the measure for the South of Fifth neighborhood, with exception for venues that serve 100 people or less. 

This month, hospitality guru David Grutman and Aventura-based developer Jeffrey Soffer sued the city, alleging the new law illegally singled out and targeted Story, a 17,000-square-foot nightclub the pair co-own. However, Miami-Dade Circuit Court Judge Reemberto Diaz ruled in the city’s favor.