By CBSMiami.com Team

MIAMI (CBSMiami) – A Miami-Dade judge has ruled the new 2 a.m. ‘last call’ for alcohol on South Beach unlawful.

Circuit Judge Beatrice Butchko sided with the popular Clevelander Hotel which filed a lawsuit over moving the ‘last call’ from 5 a.m. to 2 a.m in the city’s entertainment district. The commission voted to move it in an effort to curb the rowdy behavior that happened on the beach earlier this year.

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The new ‘last call’ went into effect on May 22nd.

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In her decision, Judge Butchko said the commission followed the wrong set of rules for their vote because this was a zoning issue and they didn’t treat it as one.

Miami Beach Mayor Dan Gelber said in a statement that the city will appeal the decision.

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“Our residents should not be held prisoner to a business model that promotes the all-night hard partying that has generated an unsafe atmosphere in our City. We will appeal as it makes no sense, legal or otherwise, that the courts would force our residents to endure this kind of misconduct and disorder, said Gelber.

CBSMiami.com Team