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Lawsuit Over Last Call On Miami Beach

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MIAMI (CBSMiami) – Some popular Miami Beach nightclubs are now suing the city in the hopes of stopping a vote that could drastically change the scene on Ocean Drive.

"Love it! Love the ambiance, the drinks and the food – can't go wrong," said a tourist on Ocean Drive.

Music, alcohol and tourist – it all means money on Ocean drive and to the city of Miami Beach. But the city wants to stop the outdoor partying at 2 a.m.

"Changing that is really going to change the type of people that come to visit," said tourtist Jennifer Mercado.

"It's difficult. If I was a business owner, I'd be against it," added tourist Louise Araguez. "But I understand what they are trying to achieve."

Now a group of Ocean Drive businesses are suing the city of Miami Beach to stop a referendum, asking if alcohol sales on Ocean Drive outdoor bars should be cut off at 2 a.m. instead of 5 a.m.

According to the lawsuit filed by Mango's, Ocean's Ten and others business, the city violated its own charter when it agreed to send a binding ballot question to the voters.

The lawsuit claims there are zoning issues which changing hours of alcohol sales by referendum would bypass the city's land use boards.

The suit also claims that the ballot language is invalid because it doesn't state if the voters have final say.

It's all creating mixed reaction.

"Around here, you start to deal with a lot of nonsense they don't want to deal with. Young kids drinking, acting like fools," said tourist Frank Mercado.

We tried to speak to the businesses that filed the lawsuit. Both business and their attorneys said "no comment."

The city also said it would not comment on pending litigation.

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