January, 2007
Party People in the House

Party People in the House
Decision on Commercial Parties in Single-Family Homes
Referred to Committee
“We support the city’s crackdown on wild, chaotic, ticketed and for-profit house parties that are open to the public.”
Developer and promoter Michael Capponi addresses the Miami Beach Mayor and City Commissioners Wednesday at City Hall. Photo by MagicalPhotos.com/Mitchell Zachs
By Omar Sommereyns
Much to the relief of affluent homeowners who enjoy throwing lavish parties in their multimillion-dollar mansions (often on the area’s private islands), the Miami Beach Commission did not pass at its meeting on Wednesday an ordinance that would prevent single-family homes from hosting commercial events.
The item was referred to a Land Use & Development Committee meeting on Feb. 12 for further perusal and will come back before the commission for a second reading on March 14.
Throughout the discussion, Assistant City Manager Hilda Fernandez insisted that the ordinance wasn’t drafted to impede a homeowner’s right to entertain guests at a private party, but rather to restrict commercial events, such as ticketed, for-profit ones open to the general public and promoted on fliers, or those that feature corporate sponsors.
“We believe this is a tool that makes it easier for our residents to understand what is permitted,” she told the commission.
Charity events and political fundraisers, for instance, would be allowed, hence prompting Mayor David Dermer to quip, “What if they just make every house party into a Republican or Democratic fundraiser? ... We’ll be the most politically active city [in the nation].”
As explained in the city administration’s report about the issue, “In the past several years, city staff has received and responded to numerous complaints from residents regarding the possible use of single-family homes in their neighborhoods for commercial purposes. Specifically, residents have complained about large parties held in these residential neighborhoods where it is believed the homeowners rented the property to a third party or otherwise received payment or other consideration for the use of their home for the event.
“On some occasions, these events have been widely advertised and are open to the general public, often for paid admission. Some residences are believed to be used for this purpose on a regular basis; other residences are being offered for commercial or business promotional purposes, such as product launches. In addition, there have been occasions where the use of private single-family homes for charitable purposes is believed to have been used as a pretext for what is … a commercial event.”
Additionally, the city report asserts, some open houses on the real estate market have been hosting events of a commercial nature since they invite sponsors (such as liquor or luxury cars).
Fernandez pointed out that the negative effects of the parties include the destruction of the public right-of-way, blocked driveways, increased vehicular traffic, noise and a taxing use of city resources.
Thus, the new ordinance would strictly prohibit events of a commercial nature (i.e., when the homeowner receives payment of more than $100 to host an event or receives products from sponsors that exceed $100 in value). Charitable events, as long as the homeowner gives the city a three-day notice, would still be permitted, along with political gatherings and fundraisers. Fines would range from $1,000 to $15,000, depending on the number of violations the homeowner has accumulated.
Lawyers, nightlife impresarios and select homeowners had filled the City Hall chambers to voice their opposition to the ordinance, claiming that there are only a handful of homes that should be considered troublemakers, what nightlife promoter/developer Michael Capponi labeled “unprofessional party organizers.”
“We support the city’s crackdown on wild, chaotic, ticketed and for-profit house parties that are open to the public,” said Alex Heckler, an attorney representing a political committee called Miami Beach Residents to Protect Homeowners’ Rights, during the public hearing. “Such parties are not appropriate for the private homes of Miami Beach and there is no question that private homes are not nightclubs. … [Yet], while well-intended, the proposed ordinance is a cure that is worse than the disease because it is vague, indefinite and uncertain and therefore in violation of Florida zoning laws.”
However, City Attorney Jose Smith, along with Hilda Fernandez, upheld the ordinance, assuring the commission that it would stand in court.
Capponi, who had helped gather people to attend the commission meeting, compared the proposed ordinance to a theoretical one that would pass in Beverly Hills, where Steven Spielberg would be throwing a party at his mansion with Grey Goose vodka sponsoring, only to be shut down by the cops. “Spielberg and others would surely relocate their homes,” he said. “ … This ordinance needs to be redrafted. There must be a more intelligent and open-minded [solution] to this matter.”
Brad Meltzer, a Miami Beach resident who said he lives next to one of the homes on Hibiscus Island that often throws big parties, spoke of a recent flier promoting a cocktail event for a new condo in the Keys and mentioned that there have been occasions when he could not leave his driveway because of a party next door.
“I believe in people enjoying their homes, but not when it affects how I enjoy my home,” he said.
“I think the concept is right,” commented Commissioner Saul Gross toward the end of the meeting. “ … Basically we’re saying, [you can throw parties], but don’t get paid for what you’re doing and don’t get corporate sponsors.”