Flimflam Flan   
SoBe Restaurants Accused of Scamming Patrons; City Officials Discuss Taking Action

By Lee Molloy

As tourists meander their way along the Art Deco splendor of Ocean Drive or Lincoln Road, they are subjected to an almost overwhelming barrage of color, beauty and commerce.

Flyers, hostesses and menu boards offering attractive specials all clamor for the attention of foodies — now amid allegations of scams designed to relieve restaurant-goers of their hard-earned cash.

And according to one South Beach local, restaurants are not only targeting tourist dollars.

“My friend and I went to the Atlantic [Bar & Grill, 1024 Ocean Drive] to eat and the server said it was ‘2-for-1 drinks’ and ‘half-price on everything on the menu,’” the Miami Beach resident, who preferred not to be named, told The Lead. Skeptical of the offer, she says that prior to ordering, they double checked by confirming with their server that the deal was “half-price everything.” They were told ‘yes.’

However, when the check arrived, the pair was presented with a bill where the food was half-price, but the drinks were at full price. Upon complaining that the bill was incorrect, the server got “snippy and snooty, saying ‘either 2-for-1, or you get this,’” she said. After refusing to pay what they felt were extra charges, the server “threatened to call the police” causing the two to pay their bill to avoid any more hassle, but also leave vowing never to return.

“I have a friend who is a bus boy there, apparently they use that scam regularly,” she says, adding “it’s going to misrepresent South Beach, it’s disrespectful to tourists, and no one is going to return if they keep getting scammed.”

Online review sites such as yelp.com and urbanspoon.com show dozens of similar stories of people allegedly being taken for as much as hundreds of dollars more than what they bargained for at the same restaurant.
Atlantic Bar & Grill’s manager Barbara Pallegrini is quick to deny the accusations.

“All the prices are on the menu,” Pallegrini told The Lead. “When something is not on the menu, the server tells [the customer] the price.”

Pallegrini claims that all the issues are with customers making changes, or substitutions to their orders, which then result in a different price on the bill. “People want something special and they don’t want to pay for it,” she says.

The allegations against Atlantic are not unique, however, and now City of Miami Beach officials want to do something about it. 

“I’ve been getting complaints from people that some restaurants have been doing a bait -and-switch,” City Commissioner Michael Gongora told The Lead. “I’ve heard from people that have visited Miami Beach and don’t want to come back.”

According to Gongora, these practices send a “wrong message,” that makes the City of Miami Beach “look bad.” He believes that “restaurants that are engaging in improper practices should get cracked down upon” by city code enforcement officers.

Gongora, who also sits on the Neighborhoods and Community Affairs Committee, set the subject for discussion for their Jan. 11 meeting, although he was unable to attend the meeting.

Committee members discussed the disputed marketing methods used by restaurants, including aggressive face-to-face soliciting, bogus 2-for-1 drink deals (where one drink can cost $25 or more, while many patrons allege they contain little or no alcohol), specials that ultimately cost more than regular meals, and bait-and-switch offers (such as a $15 steak dinner), among other allegedly deceptive practices. 

However, some think the issue is as simple as if the price you think you’re paying for a meal is too good to be true, then it probably is.

Commissioner Jerry Libbin was of the opinion that it was the patrons’ duty to double check all the prices. “Let the buyer beware,” he said.  

Ultimately, the committee decided that the best way forward was to have city code enforcement officers strictly administer the rules currently on the books. Those rules include ensuring that restaurants with sidewalk cafes keep to their allotted signage of no more than two advertising displays (one displaying the menu and the other specials), along with the reigning in of aggressive soliciting by restaurant hosts.
Restaurateurs may also face another set of requirements designed to protect patrons.

In New York City, hungry restaurant-goers are able to take advantage of a grading system enforced by the health department denoting the health standards of a restaurant. The grade (from ‘A’ to ‘F’) is posted on a wall plaque, which is visible to everyone entering the establishment.

Commissioner Deede Weithorn would like to see a similar system set up in Miami Beach.

“Given that we’re a tourism [dependant] community the more information we can give, the better off we are,” Weithorn told the committee.

She added that in New York a restaurant can receive minor violations for issues such as missing paper towels or a small spill, and still maintain an ‘A’ grade. Other infractions, such as rodent infestations, are major and will result in a lower grade. A restaurant is also given an appeal period to remedy infractions, however, if the establishment receives a ‘D’ or ‘F,’ they can be shut down. “Essentially, the worst [passing] grade is a ‘C,’” she says.

David Kelsey, President of the South Beach Hotel and Restaurant Association was not convinced.
“I see no benefit at all to doing something like this,” he said. “Business is difficult for small operators already,” adding that having inspections “sort of invites corruption.”

Graziano Sbroggio, owner of Lincoln Road restaurants TiramesU and Spris, expressed concern that the grading system could be misconstrued — tourists could mistake the grade as a ‘quality’ rating. “I would be against it if it were for the food, because someone could interpret it wrong,” he said.   

Commissioner Ed Tobin proposed that staff came back to the committee with a model worked out based on the New York system, which could be further discussed and possibly moved forward by the city commission.
If the plan is successful, Weithorn would like to see Miami Beach follow in the footsteps of New York and Los Angeles as a safe haven to which foodies flock because they know they are assured of high health and safety standards.

“We have a very important brand here that we would like to protect,” she said.