Greenspoon Marder Obtains Writ of Mandamus on Behalf of Made In DR Wynwood

Apr 11, 2022

Miami, Fla. – April 11, 2022 – Greenspoon Marder is pleased to announce that the firm has successfully obtained an Alternate Writ of Mandamus for its client Made In DR Wynwood, from the Circuit Court of Miami-Dade County, Florida, in Made in DR Wynwood Corp v. City of Miami, Florida et al, Case No: 2022-0052270CA-01. The Greenspoon Marder team was led by Chair of the Hospitality, Alcohol & Leisure Industry Group and managing partner of the Miami office Louis J. Terminello and senior counsel Joshua Remedios.

The law suit arose from Greenspoon Marder having applied for a zoning confirmation from the City of Miami, as one of the prerequisites for issuance of a liquor license for a restaurant utilizing a special food service license (“SFS”). The state allows for the issuance of an SFS if the venue is a food service establishment of at least 2,500 square feet in size and has accommodations to serve meals to 150 persons (not seats). However, the City zoning administrator refused the firm’s request to confirm the venue was in a zoning district that permitted SFS licenses, even though it is, alleging the venue did not have 150 seats, notwithstanding that the venue had a permitted occupancy of over 150 (precisely 152).

Greenspoon Marder filed a complaint for a Writ of Mandamus to force the City Zoning Administrator to perform the ministerial duty of confirming SFS licenses are permitted in the zoning district where the venue is located. The primary argument being the State of Florida Department of Business & Professional Regulation, Division of Alcoholic Beverages and Tobacco (“DABT”) is the agency statutorily mandated to supervise and enforce and expressly required to regulate whether the place and persons seeking a license meet the statutory qualifications for its issuance under the Beverage Law, and not the City. Additionally, Florida Statutes limit the local government’s authority in alcoholic beverages to the setting of the hours of operation and location of places of business.

The firm’s position was that whether a particular premises meets the requirements of the applicable Florida Statutes for the issuance an SFS or any other license is for DABT to decide only, and not any local government entity. Circuit Court Judge Gina Beovides agreed in her Alternate Writ of Mandamus, finding that the complaint showed a prima facie case for relief on its face and directing the City and the Zoning Administrator to file a response to the Complaint.

“We are thrilled with this decision for our client. The successful outcome resulted from our team’s hard work, and we are pleased the circuit court was in favor of our Mandamus complaint for the relief sought,” said Mr. Terminello.

The Hospitality, Alcohol and Leisure Industry Group serves resort investors, lenders, developers, owners and operators across the broad range of industries within the Hospitality & Leisure sector. Its attorneys deliver exceptional client services nationally from key hospitality centers such as Miami, New York City, Las Vegas and Los Angeles. The team creatively addresses client needs by providing a multi-disciplinary client centered approach offering a full range of legal services.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 225 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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Greenspoon Marder Obtains Writ of Mandamus on Behalf of Made In DR Wynwood

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