What's Going on With Miami Restaurants? Hospitality Attorney David Helbraun Dishes It All

When David Helbraun decided to pivot from running Manhattan coffee bars to founding a hospitality-focused law firm, he wasn’t just making a career change—he was laying the groundwork for what would become one of the nation’s most specialized legal practices in the food and beverage space.

“I was in the restaurant business and running coffee bars in Manhattan,” Helbraun recalls. “In my mid-30s, I started a law firm because my friends in the industry were tired of having two or three or four lawyers for every deal we did.” That pain point became the genesis of Helbraun Levey, now a 35-person firm wholly dedicated to the hospitality industry. “All day long, that’s what we’re doing. We’re talking to people in the food and beverage industry,” he says.

Now, Helbraun is helping those same clients navigate a new frontier: Florida. What began during the pandemic as a mass migration out of shuttered cities has turned into a full-fledged relocation wave, particularly for hospitality brands looking to tap into South Florida’s open-for-business approach and growing consumer base.

“People started coming down here because they had no choice,” Helbraun explains. “Florida was open. So they started having success… They were also following their clients—New Yorkers who were moving to Florida, who knew their brands.” That migration hasn’t slowed. If anything, it’s become more strategic. “Where it used to be, ‘Let’s go to L.A.,’ now it’s, ‘Let’s go to Miami.’”

The Correction No One Saw Coming

But after several years of seemingly limitless optimism, this summer has been a wake-up call for many operators in the Sunshine State.“It’s being called the correction by a lot of people in the industry,” says Helbraun.

He attributes the downturn to a combination of overambitious expectations and underestimated seasonality. “They all knew about the seasonality, but they didn’t realize just how stark things got—and for how long.” The result? Oversized restaurants sitting half-empty. “You walk around some of these big box restaurants… 350 seats and there’s 20 people sitting in it. That’s scary.”

While larger groups with national portfolios can weather the off-season, smaller operators—especially mom-and-pops—are feeling the squeeze. “Ten years ago, we were looking at 15 to 20% profit margins. Today people are lucky to hit 10. Then if something happens—a boiler breaks, you get sued for a wage and hour lawsuit—that 10 becomes 2 or 0.”

Shifting Real Estate, Shifting Strategy

Despite the challenges, Helbraun says interest in Florida remains high, with operators adjusting strategies accordingly. “They’re starting to embrace the philosophy of: it’s better to be small and fat than large and hungry.” Smaller footprints are becoming more desirable, especially for new entrants into the market who want to avoid the operational and financial risks of big-box concepts.

As for where these smaller concepts are looking to land? While Brickell remains a high-end magnet, more approachable areas like Wynwood are drawing serious attention. “Wynwood is younger, hipper, and more affordable,” says Helbraun. Other rising stars include West Palm Beach, Delray Beach, and Tampa. “Orlando is now starting to come on people’s radar as well,” he adds.

The key, he says, is finding locations that are not only cost-effective but also zoned favorably—especially for the coveted liquor licenses. “The biggest challenges are usually around liquor licensing and zoning and how the two of those meet,” he explains. For this, the firm often partners with a local attorney to guide clients through the process.

Florida vs. New York: A Legal Breath of Fresh Air?

For many, part of Florida’s appeal is the relative ease of doing business compared to legacy hospitality cities. “I asked about 10 of our clients who’ve opened up in both, and they pretty much across the board said that Florida is easier,” Helbraun says. “It’s more welcoming to restaurants. There’s not as much red tape… New York is notoriously difficult.”

In fact, Helbraun doesn’t mince words when describing the uphill battle restaurant owners face in the Big Apple: “We oftentimes call New York the most inhospitable city for the hospitality industry.”

Still, New York’s magnetism is hard to resist. “There’s a restaurant on every corner and people battle it out because it’s the best city in the world and it’s the biggest stage… If you can make it there, you can make it anywhere.”

Looking Ahead: Adaptation Over Abandonment

Despite current challenges, Helbraun sees resilience in the hospitality community. “People are still opening restaurants in South Florida. There’s still optimism about the market,” he says. “People are understanding there’s a correction going on and they’re going to do their best to adapt.”

And while he’s tight-lipped about specific new concepts on the horizon (“If I even say what kind of concept it is, you might guess,” he quips), he assures that exciting projects are in the pipeline for fall and winter.

In a market where both opportunity and volatility go hand in hand, Helbraun and his team are proving indispensable. “Our job is to help clients not just open, but survive—and ideally, thrive.”

As Florida’s hospitality scene matures beyond a COVID-era boomtown and into a more nuanced, year-round market, having a trusted legal ally may be just as important as having a great chef.