New codes could shut small business down – WSVN 7News | Miami News, Weather, Sports

A mother followed all the county codes to open a smoothie shop. Now the county and state say the codes have changed and she has to meet those which she can’t afford. Will she have to shut down her business? It’s why she called Help Me Howard with Patrick Fraser.

Smoothielicious. Walk inside and see how Lillian came up with a name like that.

Lillian Hernandez: “And that’s when back in the day, the song of Beyoncé came out for Bootylicious. So I was like, ‘That’s it.’ And it worked out perfectly.”

Lillian’s Bird Road Shop is her passion. A single mom with no employees. By herself working six days a week.

Lillian Hernandez: “So I do smoothies, protein shakes, salads, wraps.”

And with a name like Smoothielicious, the shakes have to have special names also.

Lillian Hernandez: “One of my favorites is a “Slap Your Momma.” It’s a mango, strawberry, and banana.”

When Lillian opened in 2017, she did everything required. Permits and licenses galore and then in 2024, Miami-Dade County cited her and fined her $500.

Lillian Hernandez: “The lady comes and she tells me, ‘No, you don’t have a permit for your grease trap.’ I’m like, ‘What are you talking about? I have all my papers right here.’”

The grease trap under this metal panel was installed to code in 2017– and then in 2018, Miami-Dade County changed the code.

Lillian Hernandez: “I should be grandfathered in. I did it all when I came to compliance in 2016-2017.”

The changes by Derm required Lillian to have what’s technically called a grease trap interceptor. The cost?

Lillian Hernandez: “It’s going to cost me almost $30,000 to do the job.”

Patrick Fraser: “Can you afford that?”

Lillian Hernandez: “Absolutely not!”

The irony? Lillian doesn’t even use her grease trap because she just makes smoothies and salads. But if she doesn’t install a new one, she will lose her business, her income, and her passion.

Lillian Hernandez: “You come and you change the laws after and now you want me to bring them up to compliance? That’s gonna break me.”

Requiring a new grease trap will shut down a single mom’s shop business. Howard, legally, can the government do that?

Howard Finkelstein: “In some cases, they can, but in this case there is hope. The law won’t allow Lillian to be grandfathered in but will allow a variance under the same law. The reason— her shop is not a threat to the environment and doesn’t create grease which is why she should get that variance and not have to go out of business.”

We started trying to help Lillian in August. It’s complicated. At that time Derm told me because the shop is inside a wellfield protection area, any business serving food is required to operate with a permitted grease interceptor.

Lillian then had to file an application with the state health department. If they approve it, Miami-Dade’s Derm can issue a permit and she won’t need a new grease trap. But if the health department denies her request, her last hope is to get a variance from the state to keep her current grease trap.

We waited for months for answers from the health department. To help her, Derm gave Lillian an extension to keep Smoothielicious open while she waits for an answer from the state health department.

Lillian Hernandez: “It’s a nightmare.”

The good news is that the extension from Derm gives Lillian at least a year to operate Smoothielicious while her battle goes on.

Lillian Hernandez: “I went through a lot of stages. Stressful, not sleeping. But at this point, whatever happens is gonna happen.”

Lillian is right. It’s a nightmare because it’s a battle over a grease trap she’s required to have that she doesn’t even use at Smoothielicious. We will keep an eye on her and hope common sense wins one.

A problem left you trapped? Facing a slippery slope trying to solve it? Let us slide in to grease the skids for a smooth outcome. With this Help Me Howard, I’m Patrick Fraser 7News.

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