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for immediate release
Feb. 9, 2026
—The move is intended to fill vacant retail spaces more quickly —
Miami Beach, FL – Seeking to help fill vacant commercial spaces as quickly as possible, the Miami Beach City Commission has unanimously approved a new ordinance that streamlines and modernizes regulations to accelerate the activation of vacant spaces with qualifying restaurants and live entertainment in key commercial corridors throughout the city.
“We’re temporarily deregulating and streamlining approvals to make it easier for live entertainment and quality restaurants to make a comeback on the Beach,” said Miami Beach Commissioner Alex J. Fernandez, who championed the change. “When people reminisce about the heyday of Miami Beach, they think of beloved venues of the past like the Van Dyke Cafe that was famous for its live jazz. The irony is that this type of venue that people miss would not be allowed to open as of right under the framework we just changed. By removing the requirement for conditional use permits, we’re opening the door for live music, quality restaurants, and bringing life back to our main commercial corridors.”
Under the temporary deregulatory ordinance, the city has created defined exceptions to the conditional use process for qualifying restaurants and live entertainment. Establishments approved under the temporary program may continue operating beyond the program period, subject to compliance with applicable regulations.
The temporary deregulation also increases the occupancy threshold to 750 persons for restaurants with indoor entertainment that may operate without a conditional use permit; under these exceptions, this represents a significant increase from the prior occupancy threshold of 200 persons.
“Miami Beach is open for business. We’re cutting red tape while maintaining high standards, so responsible businesses can open faster and bring energy to our commercial corridors,” shared Miami Beach Mayor Steven Meiner.
Existing qualifying businesses, which have an occupancy of less than 750 persons, may also engage in live indoor entertainment under the ordinance’s deregulatory provisions by simply updating their certificate of use / business tax receipt with the City of Miami Beach.
Eligible commercial districts include:
- Lincoln Road between Collins Avenue and Alton Road;
- Washington Avenue between 5 Street and Lincoln Road;
- Collins Avenue between 65 and 75 streets;
- 71 Street or Normandy Drive between Collins Avenue and Rue Notre Dame; and
- 41 Street between Alton Road and Pine Tree Drive.
The reform includes safeguards — no outdoor entertainment, no open-air rooftop venues and no adult entertainment uses are permitted under the program. Those who abuse the program by violating the city code would be subject to revocation.
“This is another proactive business tool made possible by Miami Beach’s leadership,” added Lyle Stern, president of the Lincoln Road Business Improvement District. “It immediately eliminates overregulation and restrictions that have prevented our business community from being competitive. Now is the moment to bring the energy of live music back to Miami Beach.”
This deregulatory policy is the latest in a series of business-friendly reforms adopted by the City of Miami Beach to help reactivate commercial corridors. Recent initiatives include same-day permitting for qualifying commercial spaces and the waiver of concurrency and mobility fees.
“We’re undoing layers of bureaucracy and championing a new era to help businesses prosper in Miami Beach,” Fernandez added.
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