Miami Beach, FL Noise from Specific Sources: Bar & Nightclub Noise (2026)

The noise article defines a 'habitual offender' in Sec. 46-151 as any person or entity with more than five offenses within 12 months of the first offense, meaning a sixth violation in that window triggers the enhanced habitual-offender track under Sec. 46-159(h) rather than the standard escalating fine schedule. Once the city manager finds habitual offender violations, an administrative complaint can seek suspension or revocation of the business tax receipt and certificate of use under the procedures in Sec. 102-383, and any suspension must come bundled with restrictions barring the property from producing live or amplified sound, either as a business tax receipt condition or an accessory-use restriction.

For hotels, motels, condominiums, apartments or other residential properties, the code requires accessory-use restrictions in place of a business tax receipt revocation, so that a habitual-offender finding against a rooftop bar doesn't force the eviction of residents living elsewhere in the building. Every suspension or accessory-use restriction imposed under this subsection must run at least 30 consecutive days, and if the habitual offender doesn't hold a business tax receipt or certificate of use at all, a special magistrate can impose a fine of up to $5,000 per violation instead.

The city manager weighs the gravity of the violations, any corrective steps the business has taken, and its prior violation history in setting the length of the suspension, and reinstatement after a revocation is conditioned on meeting the compliance criteria in Sec. 142-1362.