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Bottoms Up
It’s OK To
Buy Booze on Sunday Morning, Town Commission Says
“I don’t want to be in charge of telling
a consenting adult that we opine that you can’t have an
alcoholic beverage until 1:00.”
 From
Domino to Big Daddy, Larry Lavoie has managed this liquor
store at 95th Street and Harding Avenue for four
decades. Photo by Mitchell Zachs/MagicalPhotos.com.
By Evan Berkowitz
Surfside residents preparing for an afternoon
of NFL action or a party on the beach will now be able to
purchase alcoholic beverages early on Sunday mornings thanks
to an ordinance passed on Dec. 12 by their Town Commission.
“I wanted to have less government and more
money for the town,” said Vice Mayor Howard S. Weinberg, who
recently examined his town’s alcohol sales codes and
consequentially sponsored the legislation. He said Surfside
collects resort taxes on all alcohol sold in town for
consumption on premises. “However, there’s a gigantic
exception for beer,” Weinberg said, which “doesn’t make any
sense.”
According to Town Attorney Lynn M.
Dannheisser, whom he asked to research the matter, these
laws are “determined at the state level” and the town cannot
change them.
The second change Weinberg wanted made in the
municipality’s alcoholic beverage code was to end the ban on
alcohol sales, for retail or on-premise consumption, on
Sunday until 1 p.m. — a law he referred to as “nonsensical,”
designed to shame people into going to church.
“I don’t want to be in charge of telling a
consenting adult that we opine that you can’t have an
alcoholic beverage until 1 [o’clock] because it’s Sunday,”
he said, noting that this law, which has been in effect for
15 years, was costing Surfside a great deal of business and
tax revenue.
Weinberg said 1/3 of the sales tax from these
retail purchases would go to the town. There was some
confusion as to what the current ordinance stated relative
to weekend sales. According to town attorneys, alcohol sales
are banned from 2 a.m.-8 a.m. Monday through Friday.
Weinberg wanted weekend hours to be consistent with
weekdays.
“If the goal is less government, why do we
even have this code at all?” asked Ken Arnold, the town’s
Charrette Committee Chair, saying there was no connection
between hours of store/establishment operation and someone
being a nuisance to the community. Dannheisser said towns
usually exercise their police powers this way because a
major portion of crime occurs during the early-morning. The
ordinance passed unanimously.
Larry Lavoie is the manager of Big Daddy’s
liquors at 9494 Harding Ave. He has worked at that spot,
which has a Flanigans bar/restaurant next door at
9516, for 40 years. Before being taken over in 1972 by what
has become a statewide chain, it was Domino Liquors and
Cocktail Lounge which, according to Lavoie, had existed
since 1953.
Lavoie said he appreciates the new attitude
of the current Town Commission and is glad they are “willing
to make the effort to make a change.”
Lavoie said he was informed that as of the
first of the year, he will be able to sell alcohol starting
at 9 a.m. on Sundays. His understanding is that when the
ordinance is clarified and passed on second reading, the
legal sales time will become 8 a.m.
Lavoie, who is of French-Canadian descent,
said he “very rarely” has problems with drunks or unruly
patrons. He said the new law will allow him to serve
customers he has previously had to turn away on Sunday
mornings, such as people preparing for boat trips. At the
meeting, Weinberg mentioned individuals getting supplies for
“tailgating” parties or for viewing Dolphin Football games.
During his many years in the business, Lavoie said he has
served many celebrities including various NFL players,
hockey great Wayne Gretsky, actor Matt Damon and, back in
the Domino-era, Frank Sinatra, who also liked to take
alcoholic beverages out on his boat. “He loved to
socialize,” said Lavoie.
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