09/30/1996 (2)
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COMMISSION
City Commission Minutes
. Date
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Present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seel
Elizabeth M. Deptula
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
MayorlCommissioner
Vice-Mayor ICommissioner
Commissioner
Commissioner
Commissioner
City Manager
City Attorney
City Clerk
Board Reporter
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CITY COMMISSION SPECIAL MEETING
APPEAL RE: PLANNING & ZONING BOARD DENIAL OF CONDITIONAL USE REQUEST
CITY OF CLEARWATER
September 30, 1996
The meeting was called to order at 9:00 a.m. at City Hall.
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LTEM 1/1 - B.J.E.. Inc.lPelican Two. Inc./Jammlnz' of Clearwater Beach. Inc. to permit
nightclubs, taverns, and bars (change of business ownership) at 470 Mandalav Ave.
Clearwater Beach Park 1 st Addition Replat, Blk. A, Lots 2-8, Clearwater Beach Park 1 st
Addition, elk. B, Lots 32-43 & vac alley, and Clearwater Beach Park, Lots 43-48, 65-71,
and part of Lot 64, zoned CB (Beach Commercial) and CR 28 (Resort commercial}. CU 96-
29
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The City Manager indicated the procedure for today's quasi-judicial hearing will be
the same one used by Hearing Officers. Standards were distributed. Each side has one
hour.
Jim Staack, attorney representing the applicant, said he wished to appeal the
Planning & Zoning Boardts August 20, 1996, denial of a Conditional Use request to
transfer business ownership. He said the City had Issued no warnings to the previous
business owner indicating the existing occupational license was in jeopardy. He said the
Planning & Zoning Boardts position did not follow guidelines and standards. Prior to the
denial, Florida had approved transfer the State liquor license transfer to owners, Angelo
and Antoinetta Rossi. The Rossis had proposed no changes to the business or structure.
The public did not protest the application and staff had recommended approval subject to
conditions. He noted board concern regarding incidents of public nudity that had occurred
during previous wet T-shirt contests sponsored by a radio personality. He said the disc
jockey's contract was not renewed and wet T-shirt contests will not be held in the future.
He said the two citations issued to Jamminz' employees and managers related to wet T~
shirt contests. He reiterated board concern was focused on incidents of public nudity. He
submitted a proposed stipulated findings of fact (Exhibit One) and agreement to special
conditions: a) the applicant shall obtain the requisite building permit, certificate of
occupancy and occupational license within 6 months: b) all sight lighting shall be equipped
with a 90 degree cutoff mechanism, with the light being directed downward and away
from adjoining residential properties and streets rights-ot-way prior to issuance of the
occupational license; c) the sale of alcoholic beverages shall be limited to consumption on
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........ premises with no package sales: d) there shall be no outdoor entertainment; e) the
applicant shall obtain all necessary owner's approvals to transfer the occupational and
State alcoholic beverage licenses within 60 days; and f) the applicant shall neither promote
nor permit on the premises any live entertainment, competitions, contests, nor any other
activities that violate the public nudity ordinances (Section 21.13, Code of Clearwater). In
particular. the applicant shall neither promote nor permit "wet T'shirt contests" on the
premises. He felt this resolution is reasonable and requested the City Commission consider
the proposal and overturn the Planning & Zoning Board decision.
Central Permitting Director Scott Shuford reviewed the Planning & Zoning Board's
decision. He stated the board was concerned mainly with the business' management and
the code requirement that the use be compatible with surrounding uses. In response to a
question, Mr. Staack said condition (e~ refers to a City requirement. He said the applicant
has subleased the property and the landlord is authorized to sign the City application. He
said a dispute exists between the owner, Pelican Two, and landlord, B.J.E., Inc. and
requested 60 days to obtain approvals necessary to transfer the licenses.
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Mr. Staack said the Planning & Zoning Board decision did not reflect the
requirement to consider Code section 41.033 and 41.052 whon acting on an application.
He said the club is not new and felt the business is compatible with the surrounding
natural environment. He said the Planning & Zoning Board did not articulate their basis for
denial. He agreed pubic nudity is not a compatible use and noted the applicant is not
applying for a license to run a nude establishment. The applicant has agreed to expunge
this activity from future operations. He reiterated no one from the public attended the
hearings to object to the ongoing operation and the City had made no attempts to revoke
the club's occupational license.
Howard Bennett said he is a private investigator with 1 7 years experience as a
police officer hired by the applicant to investigate police reports related to Jamminz'. He
pulled all the reports at the Police Department between January 1993 and September 27,
1 996. He said it was not unusual for a nightclub to generate 91 police calls for fights!
disorderly/battery in almost 3 years. He said the number of calls does not relate to the
number of incidents but to the number of completed police reports. Several officers may
respond to the same incident and complete reports. He estimated 19 or 20 fights actually
had occurred. He said many of the fights had occurred outside. He said the participants
were not necessarily Jamminz' customers.
He said the 20 traffic stops occurred in the general area or were related to stopped
drivers indicating they had last visited Jamminz'. Mr. Bennett said he had compared the
police calls for the nearby Beach Bar and reported the Beach Bar had received more than
Jamminz'. He said management had made 47 trespassing calls requesting the Police
escort individuals off the premises. He stated none of the reports involves the Rossis. All
public nudity police calls involved radio personality, Todd Clem AKA Bubba the Love
Sponge. In response to a question, Mr. Bennett said some calls referred to City ordinance
violations, such as possession of an open container of alcohol outside the premises. He
said the 3 warrant arrests occurred when Police Officers ran the names of customers
through their computers and discover outstanding warrants. He assumed the 3 drug
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violations were related to Jamminz' calls to the Police Department with trespassing
complaints.
Concern was expressed regarding police calls after the Rossis took over operations
of the club. Mr. Bennett said the Rossis were not present. Mr. Staack indicated all the
wet T-shirt contests occurred during appearances by a radio personality. No minors were
involved in alcohol violations.
Cheryl Presti, Jamminz' Manager, distributed packets. Ms. Presti reviewed police
reports submitted after April 15, 1996, the date the Rossis took over the business. She
said many reports were not related to Jamminzt operation. She said the business has hired
security people. She said the business has strict rules for staff. She indicated she could
not change what had occurred previously. In response to a question, Ms. Presti said she
has been the manager since August 29, 1996. The Rossis had hired her as a consultant
on July 22, 1996, as an associate of Control Management System Corporation. She is
responsible for all training. A Tampa company is providing training to certify all staff as
responsible vendors.
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In response to a question, Ms. Presti said the Rossis own three restaurants in Pasco
County but have no experience with nightclubs. They plan to convert the current sports
bar into an Italian restaurant. The dance club will remain totally separate. The patio will
close. She said no one under 18 years old will be allowed on the dance club side. She
said security is adequate. She noted management is cleaning up the property. Changes to
the music format resulted in a substantial decrease in business. All former employees
were fired except for the stocker. Ms. Presti reviewed her mission statement. She stated
she is responsible for the operation, indicating Mr. Rossi had agreed to allow her to "call all
the shots." The club's current hours of operation are from 6:00 p.m. to 2:00 a.m.,
Monday through Saturday.
Marvin Winn said he has been familiar with the Rossis since 1979. He said the
Rossis opened a restaurant in Holiday after selling their first Angelos restaurant on Gulf~to-
Bay Boulevard. Mr. Rossi and his brother later opened two more locations. He said Mr.
Rossi is a conscientious person who works hard to avoid violations and has had no
problems with the law at his other business operations.
Mr. Staack said the Rossis are changing the direction of management at Jamminz'.
He said during the transition period the business had inherited the previous business'
management and a contract with a controversial radio personality. He noted the proposed
condition stipulates no contests encouraging nudity will be held.
Mr. Shuford said the Planning & Zoning Board's denial of the Conditional Use
request was based on the club's entertainment aspect. The board was not aware of Ms.
Presti's management changes. One incident of public nudity had occurred since the Rossis
took over ownership. Mr. Shuford recommended an additional condition (g) which he had
discussed with the Police Legal Advisor: within 90 days, the applicant shall implement and
thereafter continuously maintain the operation of the facility as a restaurant and dance
club with the separated restaurant and dance club each taking up 50% of the structure's
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.... space. Concern was expressed the business could phase out the restaurant in the future
and convert the entire building to a dance club. It was suggested stipulating the dance
club not encompass more than 50% of the building. Mr. Staack was hesitant to agree to a
percentage of square footage for either operation. He felt it was premature to reach
agreement regarding the restaurant. He requested an additional condition not be imposed.
In response to a suggestion, Mr. Staack said he could agree to operate consistently with
Ms. Presti's comments.
In response to a question. Ms. Presti estimated a 100 seat restaurant would
encompass 30% of the facility. In answer to a question, she said she had fired the radio
personality. She said the Rossis had no experience operating a night club business and
had retained the previous management. Ms. Presti said she had been hired as a consultant
when the Rossis became dissatisfied with the way the business was being run. Concern
was expressed the Rossis should have changed the type of operation more promptly. It
was noted Clearwater beach is family oriented and it was suggested night clubs attract
gangs. It was suggested conditions should protect the CitY.
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It was suggested approval be subject to review in 6 months or a year. Ms. Akin
said conditions #t and #g will be conditions of the alcoholic beverage license. A violation
of that license would require a hearing before the City Commission. It was suggested the
conditions specify that underage patrons will not be served alcoholic beverages. Ms.
Presti indicated Jamminz' is a Responsible Vendor. Mr. Staack summarized his
presentation indicating no wet T-shirt contests will take place, the direction of
management has changed, the owner intends to develop a restaurant site, and he agreed
to the recommended 'conditions. It was felt it would have been appropriate for the City to
address public nudity concerns before the change of ownership was denied. The City
Attorney said one condition requires the property owner's consent.
Commissioner Johnson moved to overturn the Planning & Zoning Board's August
20, 1996, denial of a Conditional Use request and approve the Conditional Use request by
a.J.E., Inc./Pelican Two, Inc./Jamminz' of Clearwater Beach, Inc. to permit nightclubs,
taverns, and bars (change of business ownership) at 470 Mandalay Ave. with conditions:
a) the applicant shall obtain the requisite building permit, certificate of occupancy and
occupational license within 6 months: b) all sight lighting shall be equipped with a 90
degree cutoff mechanism, with the light being directed downward and away from adjoining
residential properties and streets rights-of-way prior to issuance of the occupational
license; c) the sale of alcoholic beverages shall be limited to consumption on premises with
no package sales; d) there shall be no outdoor entertainment; el the applicant shall obtain
all necessary owner's approvals to transfer the occupational and State alcoholic beverage
licenses within 60 days; fl the applicant shall neither promote nor permit on the premises
any live entertainment, competitions, contests, or any other activities that violate the
public nudity ordinances (Section 21.13, Code of Clearwater); and g) Within 90 days, the
applicant shall implement and thereafter continuously maintain the operation of the facility
as a restaurant and dance club in a manner in keeping with the style of operation described
in the testimony of Cheryl Presti at the September 30, 1996, appeal hearing. The motion
was duly seconded and carried unanimously.
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The order implementing the Commission's action will be put in proper form and
placed on the October 3, 1996, City Commission meeting for appro\fal.
ITEM #2 - Adiournment
The meeting adjourned at 10:38 a.m.
ATTEST: '>n.~~
. . .:::s61~ 'Y Clerk
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Proposed Stipulated Findings of Fact
nnd Agreement to Special Conditions of Appellantl Applicant
.Jnmminz' of Clcnnvntcr Bench, Inc.
1.
lamminz' of Clearwater Beach, Inc., is owned and operated by Angelo and Antoinetta Rossi
(the "applicant"), and has heretofore applicd for a conditional use permit relating to the
transfer of business owncrship of the Jamminz' nightclub locatcd at 470 Manda1ay Avenue
on Clearwater Beach. Thcy have prcviously received the necessary approval from the State
for the transfer of the State liquor license.
2.
The applicant has opcrated the Jamminz' nightclub on behalf ofthe previous owner and on
their own behalf since mid April, 1996 and first appeared bcfore the City of Clearwater
Planning and Zoning Board at a public hearing on its conditional use application on July 16,
1996, at which hearing the application was continued.
3.
At a public hearing on August 20, 1996, the City of Cleanvater Planning and Zoning Board,
denied the application in large part based on the evidence presented at the hearing by
Sergeant' Harris of the Clearwater Police Department that there had been violations of the
Citis public nudity laws both during the previous owner's management and since the
applicant took control. In addition to his personal testimony and opinions, Sergeant I-larris
provided the Board a list of public nudity violations that occurred on the premises which was
prepared by the Cleanvater Police Department. The list of violations presented to the Board
is attached hereto as Exhibit "A". The Board found that the proposed transfer could result
in continuous violations of ordinances governing public nudity which could, further, result
in an incompatibility bctween land uses due to the negative effects of public nudity.
4. No one appeared at either of the public hearings before the Planning and Zoning Board to
oppose the subject application.
5. All of the violations occurred during "wet T-shirt contests" promoted by a disc jockey, Todd
Clem a.k.a. "Bubba the Love Sponge". The contract with Mr. Clem has been canceled.
Only one of the violations set out in the list provided to the board allegedly occurred since
the applicant took control of the business and this was an observation by an off duty officer
and no citations were issued.
6. At thc Planning and Zoning Board meeting. thc applicant agreed to all conditions
recommended by staff.
7. As a proposed solution to the Planning ano Zoning Board's conccrns the applicant would
now agrce to the following conditions:
a. The applicant shall obtain the requisite building pennit. certilicate of' occupancy and
occupational license within 6 l"nonths.
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b.
All sight lighting shall be equipped with a 90 degree cutoffmcchnnism, with the light
being directed downward and away from adjoining residential properties and streets
rights~of7way prior to issuance of the occupntionalliccnse.
c. The sale of alcoholic beverages shall be limited to consumption on premises with no
package sales.
d. There shall be 110 outdoor entertainment.
e. The applicant shall obtain all necessary owner's approvals to transfer the
occupational and state alcoholic beverage licenses within 60 days.
t: The applicant shall neither promote nor permit on the premises any live
, entertainment, competitions, contests, or any other activities that violate the public
nudity ordinance (Section 21.13, Code of Clearwater). In particular, the applicant
shall neither promote nor permit "wct T-shirt contests" 011 the premises.
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Jah-Imin Clearwater Beach, Inc.
Angelo Rossi, President
Septembcr 30, 1996
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