FLS2003-02009
FLS2003-02009
22 N Ft Harrison
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FLS2003-02009
22 N FT HARRISON AVE
Date Received: 2/28/2003
LIQUID BLUE
ZONING DISTRICT: D
LAND USE: CBD
ATLAS PAGE: 286B
RECEIVED
FEB 2 8 2003
PLANI\lIl\Jl:i & 0i:.Vl:.LOPlVlENT
SERVICES
CITY OF Ci..,_;J.~\rVATER
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CASE #:FL::s>, ~ ~~~
DATE RECEIVED: J ~
RECEIVED BY (staff imtia s): ~ -~
ATLAS PAGE #: ..;2,,~~ ~
ZONING DISTRICT:
LAND USE CLASSIFICATION: c:::....
SURROUNDING USES OF ADJACENT
PROPERTIES:
NORTH:
SOUTH:
WEST:
EAST:
o
Planning Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562-4567
Fax: 727-562-4865
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o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
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o SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including
1) collated, 2) stapled and 3) folded sets of site plans
o SUBMIT APPLICATION FEE $~
* NOTE: 13 TOTAL SETS OF INFORMATION REQUIRED
(APPLICATIONS PLUS SITE PLAN SETS)
FLEXIBLE STANDARD DEVELOPMENT APPLICATION
(Revised 11105102)
- PLEASE TYPE OR PRINT-
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A)
APPLICANT NAME: ~L rl'\~e("p('ises ) -r klc'. ( L~uiJ b\ue.)
MAILING ADDRESS::J~ JJt..c-"""- ..re;(" -\- ~("\ !JoOI\.. ~~ (".f",- 3"g7 S"S
PHONE NUMBER: '1J'T- 1.\4~~ 4000
FAX NUMBER: 1J/- Lf41.-0oq~
PROPERTY OWNER(S):
A'Av.o.. lr \Cu"'- \<s. 0.. S; 0.. -\ ; V\ 0 ~
(Must include ALL owners) ~
MAILING ADDRESS:
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O~I $ 10\JG2\$
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AGENT NAME:
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PHONE NUMBER:
FAX NUMBER:
CELL NUMBER:
E-MAIL ADDRESS:
B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A)
STREET ADDRESS: dd. JJo("~~ ~("-\- \\o-.r'('~~eV\..
LEGAL DESCRIPTION: JJ ~ ~ '" \- ~ \ '-3 \a
PARCEL NUMBER:
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PARCEL SIZE: 4-1> \ ~ S. '= ( . t) '19 A~s J
(acres, square feet)
PROPOSEDUSE(S)ANDSIZE(S): JN~~~ K~~A-'\l-~~ 4-- ~~&2...'l'4 )~f-'..~~ \
(number of dwelling units, hotel rooms or square footage of nonresidential use)
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DESCRIPTION OF REQUEST(S):
Page 1 of 6 - Flexible Standard Development Application - City of Clearwater
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DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PREVIOUSLY APPROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO _ (if yes, attach a copy of the applicable
documents)
C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5)
o SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED OR AFFIDAVIT ATTESTING TO THE OWNERSHIP OF THE PROPERTY
D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A)
o Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail:
1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it
is located. --rr- . t '\ \
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2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly
impair the value thereof.
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3.
The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed
use. HIve. alwo.. 5 ..JQke.s ik &irl k~ f i1eco..~ l4'Oll\...
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The proposed development is designed to minimize traffic congestion.
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5 The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development.
6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts,
on adjacent properties. --r\ \ 11\ \ t j. .\ \ b I
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o Address the applicable flexibility criteria for the specific land use as listed in each Zoning District to which the waiver is requested (use separate
sheets as necessary) - Explain how criteria is achieved, in detail:
Q) DC).
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Page 2 of 6 - Flexible Standard Development Application - City of Clearwater
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E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A)
o SIGNED AND SEALED SURVEY (including legal description of property) - One original and 12 copies;
o TREE SURVEY (including existing trees on site and within 2S' of the adjacent site, by species, size (DBH 4" or greater), and location,
including drip lines and indicating trees to be removed);
o LOCATION MAP OF THE PROPERTY,
o PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces).
Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development
Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in
determining whether or not deviations to the parking standards are approved;
o GRADING PLAN, as applicable;
o PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided);
o COPY OF RECORDED PLAT, as applicable;
F. SITE PLAN SUBMITTAL REQUIREMENTS: (Code Section 4-202.A)
o SITE PLAN with the following information (not to exceed 24" x 36"):
All dimensions;
North arrow;
Engineering bar scale (minimum scale one inch equals SO feet), and date prepared;
Location map;
Index sheet referencing individual sheets included in package;
Footprint and size of all EXISTING buildings and structures;
Footprint and size of all PROPOSED buildings and structures;
All required setbacks;
All existing and proposed points of access;
All required sight triangles;
Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen
trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc;
Location of all pUblic and private easements;
Location of all street rights-of-way within and adjacent to the site;
Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas
and water lines;
All parking spaces, driveways, loading areas and vehicular use areas;
Depiction by shading or crosshatching of all required parking lot interior landscaped areas;
Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per
Section 3-201 (D)(i) and Index#701};
Location of all landscape material;
Location of all onsite and offsite storm-water management facilities;
Location of all outdoor lighting fixtures; and
Location of all existing and proposed sidewalks.
o SITE DATA TABLE for existing, required, and proposed development, in written/tabular form:
Land area in square feet and acres;
Number of EXISTING dwelling units;
Number of PROPOSED dwelling units;
Gross floor area devoted to each use;
Parking spaces: total number, presented in tabular form with the number of required spaces;
Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area;
Size and species of all landscape material;
Official records book and page numbers of all existing utility easement;
Building and structure heights;
Impermeable surface ratio (I.S R.); and
Floor area ratio (FAR.) for all nonresidential uses.
o REDUCED SITE PLAN to scale (8 Y. X 11) and color rendering if possible;
o FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan:
One-foot contours or spot elevations on site;
Offsite elevations if required to evaluate the proposed stormwater management for the parcel;
All open space areas;
Location of all earth or water retaining walls and earth berms;
Lot lines and building lines (dimensioned);
Streets and drives (dimensioned);
Building and structural setbacks (dimensioned);
Structural overhangs;
Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees.
Page 3 of 6 - Flexible Standard Development Application - City of Clearw ater
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STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and
4-202.A.21)
STORMWATER PLAN including the following requirements:
Existing topography extending 50 feet beyond all property lines;
Proposed grading including finished floor elevations of all structures;
All adjacent streets and municipal storm systems;
Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure;
Stormwater calculations for attenuation and water quality;
Signature of Florida registered Professional Engineer on all plans and calculations
COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL
(SWFWMD approval is required prior to issuance of City Building Permit), if applicable
COPY OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable
LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A)
LANDSCAPE PLAN:
All existing and proposed structures;
Names of abutting streets;
Drainage and retention areas including swales, side slopes and bottom elevations;
Delineation and dimensions of all required perimeter landscape buffers;
Sight visibility triangles;
Delineation and dimensions of all parking areas including landscaping islands and curbing;
Proposed and required parking spaces;
Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline;
Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and
common names;
Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and
protective measures;
Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and
percentage covered;
Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board);
Irrigation notes.
REDUCED LANDSCAPE PLAN to scale (8 Y:. X 11) (color rendering if possible);
IRRIGATION PLAN (required for level two and three approval);
COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable.
BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23)
Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as
part of a Comprehensive Infill Redevelopment Project or a Residentiallnfill Project.
BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials;
REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 Y:. X 11) (black and white and color
rendering, if possible) as required.
SIGNAGE: (Division 19. SIGNS I Section 3-1806)
All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be
removed or to remain.
All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing
Comprehensive Sign Program application, as applicable (separate application and fee required).
Reduced signage proposal (8 Yo X 11) (color), if submitting Comprehensive Sign Program application.
Page 4 of 6 - Aexible Standard Development Application - City of Clearwater
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K. TRAFFIC IMPACT STUDY: (Section 4-801.C)
o Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan.
Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801
C of the Community Development Code for exceptions to this requirement.
L. SIGNATURE:
I, the undersigned, acknowledge that all representations made in this
application are true and accurate to the best of my knowledge and
authorize City representatives to visit and photograph the property
described in this application.
STATE OF FLORIDA, COUNTY OF PINELLAS :::J I _
. w rn to and subscribed befo~ge this ~ day of
, A.D. 2<Y to me and/or by
, wl:!o. isLpersonallY known has
produced v::s I as
identification.
~ (tjbj~
My commission expires: 05 - \ "() ~ DJ
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SABRINA A. HODGES
Not~IY Public :" 1" of Florida
My Commission Expi; ",: 05-10-05
C;gmmI8nlg'l N~mbgt; 00 024454
Page 5 of 6 - Flexible Development Application - City of Clearwater
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AFl..lDA VIT TO AUTHORIZE AGE~T:
"nO. L \~..("~ ~'(l..S;a.\i ...",,<,
J'
(Names of all property owners)
That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location):
dd Aler t~ l-\o.U"SOi\
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2. That this property constitutes the property for which a request for a: (describe request)
-r\e.",:b\e.~",~ \OIOI'Y\eV\-\.. ~I.-(V\:\-
.
3. That the undersigned (has/have) appointed and (does/do) appoint:
Jo~(\ \ C\.sSc:. \-\ :
as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition;
4 That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; \{ e S
5. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City
representatives to visit and photograph the property described in this application; 'f e 5
6
That (I/we), the undersigned authority, hereby certify that the foregoing is true and correct.
Property Owner
Property Owner
//!!3;fzI~
STATE OF FLORIDA,
COUNTY OF PINaLAS
Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this
F.R /v . , :;2. 0 C 3 personally appeared a:=7L. .
Deposes and says that he/she fully understands the affi ~~~~ . ed.
Notary Public. Slate of Ronda
My Commission Expiln. 01. 12417
Commiliion Number: 00176972
:l. ~ ~h day of
who having been first duly sworn
My Commission Expires:
c:~~~ ~9-;:~
Notary Public
/ - 1:2- t:>-F
S:\Planning DepartmentlApplication Formsldevelopment review\2002 Forms\flexible development application 2002,doc
Page 6 of 6 - Flexible Development Application - City of Clearwater
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~~ll!arwater ..
-~ Planning Department - 2003 Current Code Schedule - Level One, Level Two and Level Three Applications
u~
To submit an application for: Flexible Standard Development, Residential Infill Project, Flexible Development or Comprehensive Infill Redevelopment Project approval, please contact
Frank Gerlock, Development Review Manager (727-562-4557), Mark Parry, Planner (727-562-4558), or Wayne Wells, Senior Planner (727-562-4504). The deadlines are very important!
The entire schedule is provided below to show all the steps involved in reviewing applications. Level One applications will be reviewed by the staff-level Development Review
Committee (DRC); both the DRC and the Community Development Board (CDB) as part of a public hearing will review Level Two applications. Level Three applications (annexations,
land use changes and rezonings) will be reviewed by the DRC, CDB and the City Commission for fmal disposition (contact Marc Mariano, Planner, for information at 727-562-4553).
All applications must be complete and submitted by 12:00 noon on deadline date as shown below. All applications must be completed in their entirety, signed and notarized.
Thirteen copies of the application (one original plus 12 copies), and 13 copies of the site plans are required for the initial submittal; additional copies will be requested prior to review by
the CDB. Please collate and staple all applications and fold all plans. Applications will be reviewed for sufficiencv at the DRC meeting (information is sufficient to make a
determination about request). If sufficient by the deadline as shown below, Level Two cases will be scheduled for review by the CDB. (Note: Requests for street vacation are considered
complete if letters of no objection from all utility providers are included in submittal.) Attendance of the applicant/representative is required at DRC and CDB meetings.) Cases
continued at/by the CDB need to be revised and sufficient prior to the date information is due to the City Clerk's office.
'hU
Applications due 1/23/03 2/12/03 3/19/03 4/16/03 5/14/03 6/18/03 7/16/03 8/20/03 9/17/03 10/15/03 11/19/03 12/17 1/14/04
bv Noon
Determination of N/A 2/18 3/25 4/22 5/20 6/24 7/22 8/26 9/23 10/21 11/25 12/23 1/20/04
Completeness and
U Sufficiency
DRC agenda & 1/27/03 2/20 3/27 4/24 5/22 6/26 7/24 8/28 9/25 10/23 11/27 12/26* 1/22/04
~ apps distributed
~ Case Comments 2/11/03 2/28 4/04 5/02 5/30 7/03* 8/01 9/05 9/03 10/30* 12/05 1/02/04 1/30/04
Due
DRC Case Review 2/11/03 3/03 4/07 5/05 6/02 7/07 8/04 9/08 10/06 11/03 12/08 1/05/04 2/02/04
. DRC MEETING 2/13/03 3/13 4/17 5/15 6/12 7/17 8/14 9/18 10/16 11/13 12/18 1/15/04 2/12/04
SUFFICIENT 2/17/03 3/17 4/21 5/20 6/16 7/21 8/18 9/22 10/20 11/17 12/22 1/19/04 2/16/04
info. due for CDB
CDB agenda & 2/20/03 3/20 4/24 5/22 6/19 7/24 8/21 9/25 10/23 11/20 12/26* 1/23/04 2/20/04
Info. Due to Clerk
~ CDB staff report 2/28/03 3/28 5/02 5/30 6/27 8/01 8/29 10/03 10/30* 11/28 1/02/04 1/30/04 2/27/04
due to Director
~ CDB Ad in 3/01/03 3/29 5/03 5/31 6/28 8/02 8/30 10/04 11/01 11/29 1/03/04 1/31/04 2/28/04
newspaper
U CDB packet 3/07/03 4/04 5/09 6/06 7/03* 8/08 9/05 10/10 11/07 12/05 1/09/04 2/06/04 3/05/04
mailed
Staff report 3/13 4/10 5/15 6/12 7/10 8/14 9/11 10/16 11/13 12/11 1/15/04 2/12/04 3/11/04 .
available
CDB MEETING 3/18/03 4/15 5/20 6/17 7/15 8/19 9/16 10/21 11/18 12/16 1/20/04 2/17/04 3/16/04
I
U'\FLFLS- 2003 calendar III.doc
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ASSIGNMENT Of' LEASE
AND ASSUMPTION AGREEMENT
AND CONSENT TO ASSIGNMENT
On this ~ day of ocrohQI/"" , 2002, this ASSIGNMENT OF LEASE AND
ASSUMPTION AGREEMENT AND CONSENT TO ASSIGNMENT (the "Assignment") is entered into
by and between LIQUID BLUE, INC., a Florida business corporation, of516 Patricia Ave., Dunedin,
FL 34698 (the "Assignor"), JLL ENTERPRISES, INC., a Florida business corporation of
(the "Assignee"), and ANNA TSAFATINOS
and TERRY TSAF A TINOS (the "LANDLORD"), based upon the following recitals, terms, and conditions:
Recitals:
WHEREAS, on or about June 2, 1998, LANDLORD and Assignor entered into a Business Lease and
Addendum to Business Lease, for the lease of certain space located at 22 N. Fort Harrision Avenue,
Clearwater, FL 33755 (th~ "Leased Premises");
WHEREAS, on or about October ~ 2002, Assignor, sold to Assignee, certain business assets
of Assignor's business which was operated In the Leased Premises;
WHEREAS, as part of the business assets soid by Assignor to Assignee, Assignor has agreed to
assign to Assignee, all of Assignor's rights, as the "Tenant," under the Business Lease and Addendum to
Business Lease both dated June 2, 1998, in accordance with the terms and conditions of this Assignment
below;
WHEREAS, this Assignment is subject to the prior approval of Landlord, as more particularly set
forth in the Lease; and
WHEREAS, Landlord agrees to provide such approval in accordance with the terms and conditions
of this Assignment below.
NOW, IN CONSIDERATION OF the foregoing recitals, and other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged, Assignor, Assignee, and Landlord, agree as
follows:
Terms and Conditions:
1. Assignor does hereby assign to Assignee, all of Assignor's rights as the Tenant under the Lease.
2. Assignee hereby accepts Assignor's assignment and hereby assumes full responsibility for
performing all of Assignor's duties under the Lease, and agrees to be legally bound directly to Landlord and
to perform all of Assignor's lease obligations described in the Lease.
3. Notwithstanding the foregoing, this Assignment shall not release Assignor from any of Assignor's
obligations under the Lease with Landlord. However, this Assignment does and shall act as a release of
SAM C. COLUCCI's duties, responsibilities and obligations, as guarantor of the Business Lease and
Addendum to Business Lease.
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BUSINESS LEASE
THIS LEASE, entered into this __~ day of May 1998, bet~ee~ ~~NA TSAFA~INOS
and TERRY TSAFATINOSi as Lessors, and LIQUID BLOE, IN~., a F~o~~da corporat:on,
sam Colucci; President, with an address of 516 Patric~a Ave., Dunedin, Florlda,
34698.
W l.T N E SSE T H:
That the Lessors do lease to the Lessee the following premises located in
Pinellas County, ~lorida:
22 N, Fort Harrison Avenue
Clearwater, Florida, 33755
Such property shall ~ereina~ter be referred to as the "leaseci premises" or
the "demised premises" or the "leased property."
1. LeaSQ Ta~. The term of th~s lease shall be for five
(3) years; which te~ will commence on the 1st day of June 1998, and shall
continue until midnight on the 31st day of May 2003, (here:..n called the "initial
term" or "the term").
1st year rent starting 6/1/98 through 5/31/99: $2,50G.~0 per month plus
state sales tax of 7%; total $2,675.00 per month.
2nd year rent s~arting 6/1/99 through 5/31/2000: $2,650.00 per month plus
state sales ~ax.
3rd year rent starting 6/1/2000 through 5/31/2001: $2,809.00 per month plus
state sales tax.
4th year rent starting 6/1/2001 through 5/31/2002: $2,977.54 per month plus
state sales tax.
5th year rent starting 6/1/2002 through 5/31/2003: ~3,156.20 per mon~h plus
.state sales tax.
2. Rent. The Lessee agrees to pay and the Lessor agrees to accept
as rent during the initial term of this lea3e the sum of THIRT~ THOUSAND and
00/100 Dollars ($3~/OOO.OO) for the first year, payable in equal montbly
installments of TWO THOUSAND FIVE HUND~ED 00/100 Dollars($2t500.00) per month,
plus Florida state sales taxes, th~ first such installment due on June l&t, 1998.
The remainder of such installments shall be payable according to the rent
schedule listed above. Lessee shall pay rent in its full amount without
deduction. Rent must be sent to Terry Tsafatinos or A~na Tsafa~inos, Post Office
Box 743, Clearwater, FL 33757.
3. Security Deposit. At June 1st, 1998 security deposit will consist of
last month's rent of the 5th year's lease, which will be the sum of Three
Thousand One Hundred Fifty Six Dollars and Twenty Cents ($3,156.20) in two
installments of One Thousand Five Hundred seventy Eight Dollars and Ten Cents
($1,578.10). The rirst installment shall ~e.paia ~before.Jun~ 1st, 1998. and the
second installment shall be ~aid before Deset~er'l.t, 1998. .
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The pr~ises are leased to Lessee solely for the
use can be made of the premises during the term
~f the Lessor: The premises will be used as a
Lessee.
6. ~axes. Lesser must pay Realty tax only. All other taxes incurred
and/or fees, including sales taxes, scate alcoholic,beverage taxes, ,and other
taxes which relate to the operation of Lessee's bus~ness en the sub~ect .
premises, and all sales ta~ both relating thereto ~pd called for unce: th~~.
Lease, shall be the sole a~d exclusive responsibil~ty of the Lessee, ~ncluo~ng
tar.gible ta){es.
7. Observance of Laws and Ord1nancss, Lessee agrees to Observe, comply
with and execute promptly at its expense during the term hereof, all laws,
rules, requirements, orders, directives, agencies and ot insurance carriers
which relate to its use or occupancy of the demised premises.
8. Assignment or SubleaSQ. Lessee shall not, without first obtaining the
writter. consent of Lessor, sell, assign, mortgage, pledge, or encumber this
lease, in whole or in part, or sublet the premises or any part thereof. This
covenant shall be binding and personally guaranteed by SAM COl,UCCI as the legal
representative of Lessee.
If the p~emises are sublet or occupied by anyone other than Lessee, and
Lessee is in default hereunder, or if this lease is assigned by Lessee, Lessor
may collect rent from the assignee, subtenant, or occupant, and apply the net
amount collected to the rent herein reserved. No such collection shall be deemed
a waiver of the covenant herein against assig~ent and subletting, or the
acceptance of such assignee, subtenant, or occupant as Lessee, or a release o!
Lessee from further performance of the cover-ants herein contained.
9. Alterations and Improvements. The Lessee shall not make any
structural alterations or modifications or improvements which are not part of
the leased property without the written cvTIsent of the Lessor, and any such
modifications or additions to said property shall become the property of the
Lessor upon the termination of this lease or, at Lessor's option, the Lessee
shall apply the any change which changes the architecture or purpose of the
property or which changes any of the interior walls of the improvements or which
annexes a fixture to any part of the leased property which cannot be removed
without da'llage thereto. In the event Lessee desires to make any alterations or
rnodifications, written notice shall be given to ~he Lessor, unless the Lessor
objec~s to such proposals by notice to Lessee within twenty (20) days after
written notice from Lessee/ the proposal shall be deemed approved. Lessee shall
have no power or authority to permit contracto!:'s, laborer's, mechanics' or
materialmen's liens to be placed upon the ~eased property in connection with
maintenance, alterations or modifications. Lessee shall, within fifteen (15!
days after notice from Lessor, discharge any mechanic's liens for materials or
labor claimed to have been furnished to the premises on Lesseeta behalf. Not
later than the last day of the term Lessee shall, at Lessee's expense, remove
all of Lessee's personal property and these improvements made by Lessee which
have not become the property of Lessor, inclUding trade fixtures and the like.
All property remaining on the premises attar the 2ast day of the term of this
lease shall be conclusively deemed aband,,,neCl ana may be remo";ed :Cy Lessor and
Lessee shall reimburse Les.sor for the cd-st of such removal.
i
DUPJ..dICA~TE ORIGINAL
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10. Risk of Loss. All personal property placed or moved iii the premises
shall be at the risk of the Lessee. The Lessor shall not be responsible or
liable to the Lessee for any'loss or damage that may be occasioned by or through
the acts or omissions of persons occupying adjoining premises o~ any part of the
premises adj~cent to or cOT~ected ~ith the premises_herebY leased or any part of
the buildina which the leased prem~ses are a part o~ for any loss or damage
resulting t; the Lessee or its property froIn bur~ting, stopped up or leaking
water, gas, sewer or stearn p~pes, or any other reason.
11-
right t.o
premises
~qht o~ Entry. The Lessor, or any of its agents, shall ~ave the
enter said premises during all reasonable hours, co examine the
for any violation of this Lease Agreement. .
12. Restorinq Premises to original Condition. Lessee represents ~hat the
premisas leased are in good, sanitary and ter.antable condi~ion =or use by
Lessee. Lessee's acceptance or occupancy of the leased premises shall constitute
a recognition of such condition. Lessee hereby accepts the premises in the
condition they are in at the beginning of this lease and agrees to maintain said
premises in the same condition, order and repair as they are at the COmITlenCement
of said term, and to return the premi.ses to their original condition at the
expiration of the term, excep~ing only rea~onable wear and tear arising from the
use thereof under this agreement. The Lessee agrees to make good to said Lessor
immediately upon demand, any damage to the air conditioning/heating unit, to
water apparatus, or electric lights or any fixture, appliances or appurtenances
of said premises, or of the walls crthe building caused by any act or neglect
of Lessee or of any person or persons in the employ or under the contrQl of the
Lessee.
13. Insurance. Lessee must p~ovide fire ins~rance for the building and
provide public liability insurance, $500,000 accident, $500,000 occurence,
bodily injury and 5100,000 property liability, as well as liquor for the
business and a minimum of $50,000.00 in8ur3~ce for the contents af the building.
Lessee further agrees that Lessor shall be named as sole payee of all insurance
proceeds paid under such coverage. Lessee may elect to purchase business
interruption insurance at Lessee's expense. Lessee must furnish certificates of
insurance to Lessor.
14. Maintenance. Lessor shall keep the roof, oute= walls, and foundation
in good repair. Lessor is also responsible for replacement of air condition
compressors only if needed in the first 6 months of term. After first 6 months,
Lessee is responsible for complete air condition maintenance. Lessee is
responsible for maintenance of al plumbing, heating, air conditioning, sewage,
gas sprinklers, v€ntilation systems, and extermination. Lessee shall keep the
inside of said premises and the inter.ior doors, windows and window frames of
said premises in good order, condition and repair and shall also keep the
premises in a clean, sanitary and safe condition in accordance with law and in
accordance with all directions, rules and regulations of governmental agencies
having jurisdiction. The Lessee shall be responsible for providing all light
bulbs used on the premises. The plcmbing facilities shall not be used for any
other purposes than that for which they are constructed and no foreign
substances of any kind sha~~ be thrown therein, and the expense of any breakage,
s~oppage or damage resulting from the violation of this provision shal~ be borne
by the Lessee. The plumbing facilities, and all equipment in the premises, shall
be under the control of Lessee, and Lessee agrees that all operation, upkeep,
and repairs will be a~ Lessee's expense.
3 D1JrJ~ICATE 'ORIGINAL
-::r" ....,...; -:'-'.;~....'" ...-.... ,-' '. ..'
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15. Destruction of Pramdsas. In the event that the building should be
t . d ~her cause to such an extent that
totally destroyed by fire, wa er, ~.l.n., 07' c.. ,
it cannot be rebuilt or repaired w~th~n s~xty (60) days af~er the date of such
destruction, this lease shall be terminated.
In the event that the building 3hould be partially d~uaged by fire, water,
\-lind, or other cause, but only to such an El'tcnt that it can be. rebu~lt or
repaired within sixty (60) days after the date of such destr~Jct::-on, ...he,lease
shall be void or voidable, but not terminated, except as otherwlse prov~ded
herein. If the Lessor intends to rebuild or repair the premise5, he shall,
within fifteen (15) days after the date of such damage, give written nctice to
Lessee of the intention to rebuild or repair ana sh~ll proceed with reasonable
diligence to restore the building to s~bstantially the same condition i~ Which
it was immediately prior to the destruction. Lessor agrees to a propoct~onate
abatement of rent during the restoration pe~iod.
16. Eminent Domain. If the whole Or any part of the pre~ises hereby
leased shall be taken by any public authority under power of eminent domain,
then the term of this lease shall cease on the par~ so taken ~rom the date title
vests pursuant to such taking, and the rent and any additional rent shall be
paid up to that day, and if such portion of the demised premises is so taken as
to destroy the usefulness of the premises for the purpose for which the premises
were leased, then from tha~ day the Lessee shall have the right to either
terminate this lease or to continue in oossession of the remainder of the same
under the termB herein provided, eKcept- that the rent shall be reduced in
proportion to the amount of the premises taken.
li. Subordination. This lease and the right:! of the Lesse-3 hereunder are
hereby made su~ject and subordinate to all bona fide mortgages ,~cw or hereafter
placed upon the said premises by the Lessor and any other owne~ provided,
however, that such mortgages will not cover the equipment and furniture or
furnishings on the premises owned by the Lessee. The Lessee further agrees to
execute any instrument of subordination which might be required by any mortgagee
of the Lessor.
lB. Default; RQroQd1es.
(a) The Lessee further covenants that, (i) if default shall be made in
the payment or rent, or any additional rent, ~hen due and without reouirement of
notice, or (ii) if the Lessee shall violate any of the other covenants of this
lease and fail to correc~ such default within three (3) days after a written
request by the Lessor to do so, then the Lessor may, at its option, deem this
lease terminated, accelerate all rents and future rents called for hareunder and
Lessee shall become a tenant at sufferance, and the Lessor shall be entitled ~o
obtain possession of the premises as provided by law.
(b) In case the leased property shall be abandoned, as such term is
defined by ~lorida statutes , the Lessor, after wri~ten notice as provided by
Flor~da statutes to the Lessee, Lessor may (i) re-enter the premises as the
agent of the Lessee, either by force or otherwise, without being liable to any,
prosecution or claim therefo=, and may relet the leased property. as the agent of
the Lessee and receive the rent therefor and apply the sarne to the payment of
such expense3 a~ Lessor may have incurred in connection with the recovery of
possession, reduc~ion, refurbisbing or otherwise changing or preparing for
re:etting, including brokerage and reasonable attorneys fees, thereafter, it
shall be applied to the payment of damages in amounts equal to the rent
4
DITPIJCA~TE ORIGINAL
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hereunder and to the cost and expen5es of performance of the ~ther cov7nants o~
Lessee as provided herein~ o~ (ii) t~a Lesso= may, at. its opt~on, .ter~~ate th~s
lease by giving the Lessee three (3} days written not~ce of such ~ntent~on
served upon the Lessee or left upon the leased propeIty, and t~e t7rm hereo~
shall absolutely expire and terminate ~~ediat81y upon the exp~rat~on' o~ sa~d ,
three (3) day period, but the Lessee shall nevertheless and tr.erea~ter De liab~e
to the Lessor for any deficiency betweer. the rent due hereunder for the balance
of the term of this lease and the rent actually received by ~es3or from the
leased property for the balance of said term.
(c) The Lessor, at its option, may terminate this lease as for a default
upon the occurrence of any or all of the fcllowing ~ven~s: an assignment by
Lessee for the benefit of creditors; or the filing of a voluntary or involuntary
petition by or against Lessee under any la~ for the purpose of adjudicating
Lessee bankrupt; or for reorganization, dissolution, or arrangement on account
of or to prevent bankruptcy or insolvency; or the appointment of a receiver of
the assets of Lessee; or the bankruptcy of the Lessee. Each of the fo~egoing
events shall constitute a default by Lessee and breach of this lease.
19. Miscellaneous.
(a> The Lessor shall have the unrestricted right of assigning this lease
at any time, and in the event of such assiqrunent, the Lessor shall be relieved
of all liabilities hereunder.
(b) This contract shall bind the Lessor and its assigns or successors,
and the Lessee and assigns and successors of the Lessee.
(c) It is understood and agreed between the parties hereto that time is
of the essence of this contract and this applies to all terms and conditions
contained here~n.
(d) It is understood and agreed between the parties hereto that written
notice sent by certified or registered mai~ to the premises leased hereunder,
5hall constitute sufficien~ notice to the Lessee, and written notice sent by
certified or registered mail to the address of the Lessor shal: constitute
sufficient notice to the Lessor, to comply with the te:ms of this contract.
(e) The rights of the Lessor under the foregoing shall be cumulative, and
failure on the part of the Lessor to exercise promptly any rights given
hereunder shall not operate to forfeit any of the said rights.
(f) It is hereby understood and agreed that Lessee shall use signs in
connection with the premises under full compliance with all applicable sign
ordinances.
(g) ~t is understood that no representations or promises shall be binding
on the parties hereto e)tcept those representations promises contained herein 01:
in some future writing signed by the party making such representations or
promises.
(h) It is hereby agreed that if any installment of rent or any other sum
due from Lessee is not received by Lessor within five (5) days after such amount
shall be due, Lessee shall pay to Lessor a late~charge equal to five percent
(5%) of such overdue amount. The Lessor shall not be required to accept any rent
not paid within five (5) days subsequent of the date when due absent the
DU:~:~:~(;ATE :JitiG.li~}lL
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simultaneous payment of this ~ate charge. The requirement for a late charge set
out herein shall not be construed to create a curative period or a grace period
for the timely payment of rent. rn the event that tr.e Lessee is behind more
t~an 1 month, this lease will be invalid and the Lessor has the right ~o
terminate this lease.
(i) Lessee shall pay for a~l Yellow Pages (Phone Book) and advertising
for the premises if desired..
20. Estoppel LQttQr. In the event Lessor shall ob~aln loan from an
institutional lender, and if the following shall be =equ~rement of such lo~~, .
the Lessee agrees to eXecute an estoppel letter in ~avor of the lender ver~fYlng
the standing of the lease, the terms thereof, and all amounts paid thereunder
and such other matters as may be reasonably requested.
21. Indemnification. The Lessee shall indemnify the Lessor against all
liabilities, expenses and losses incurred by the Lessor arising out of or
related to the leased premises or Less~els use or occupancy thereof, to include
but not being limited to (a) failure by the Lessee, or its agents, to perform
any provision, term, covenant or agreement required to be performed by the
Lessee under this agreement; (b) any occurr~nce, injury or personal or property
damage ~hich shall happen in or about the leased property or appurtenances
reSUlting from the condition, maintenance, construction on or of the operation
of the leased property, except for those caused by the roof, foundation, or
outer walls; (e) failure to comply with any requirements of any governmental
authority or insurance company insuring th~ leased property or its contents; (d)
any security agreement, conditional bill of sale or =hattel mortgage or
mechanic's lien connected with Lessee, its obligations or operations, filed
against the leased property, any fixtures! equipment or per$onalty therein; ana
(e) any construction, work, alte~ations or improvements by Lessee on the leased
propert~'. Such indemnification shall include reasonable attorney I s fees for all
proceedings, trials and appeals.
22. liAs :Is" Condition. The Lessee accepts the .leased premises on an "as
is" basis, and Lesso::' shall have no obligation to izr.prove or remodel the leased
premises.
23. Constructive Eviotion. Lessee shall not be entitled to claim a
constructive eviction from the pre~3e5 unless Lessee shall have first notified
Lessor in writing of the condition or conditions giving rise thereto and, if the
complaints be justified, unless Lessor shall have failed within a reasonable
time after receipt of such notice to remedy such conditions.
24. Janitorial. Lessee shall obtain janitorial and extermination services
for the outside and inside of the ~eased premises at its expense.
25. Severance. The invalidity or unenforceability of any portion of this
lease shall in nowise affect the remaining provisions a~d portions hereof.
26. Attorney's Fees. In the event that either party seeks to enforce this
agreement or to interpret any provision of this agreement, by law or through
attorneys at law, or under advice therefrom, the parties agree that all costs
including reasonable attorney's fees (including charges for paralegals and
others working under the direction or supervision under such attorneys), whether
or not suit is brought, and whether occurred in connection with set~~ement,
trial, appeal, bankruptcy or other creditor's proceedings or otherwise, shall be
awarded to the prevailing party. JJrT" ~. :~_!~~TF . -":'~';rnAL
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27. Captions. The paragraph captions used throughout this lease are fo~
the purpose of ref~rence only ~nd are not to be considered in the construction
of this lease or in the interpretation of the rights or ocligations of the
parties hereto;
28 - No Ha~arcious Materials. The Lessee here.....ith cov'enants and agrees
that no r.azardous materials, hazardous waste, or other hazardous subs~ances will
be used, handled, stored or otnerwise pl~ced upon the property-or, in :he
alternative, that such materials, wastes or substances may be located on the
property, only upon the prior written consent of the Lessor hereunder, and only
in strict accord and compliance with any and all applicable state and federal
laws and o=dinances. In the event such naterials are utilized, handled, stored
or otherwise placed upon the property, Lessee expressly herewith agrees to
indemnify and hold Lessor harmless from any and all costs incurred by Lessor
or darr~ges as may be assessed against Lessor in connection with 0= otherwise
relating to said hazardou3 materials, wastes O~ substances at any time, without
regard to the term of this lease. This provision shall specifically survive the
termination hereof.
29. Lease Options. At the end of the initial five years, Lessee has the
right to 3 additional five year options, and there willbe an increase in rent
or 6% fer each year. Lessee has the right to first refusal if the property is
for sale.
30. Sam Colucci will be persona~ guarantor for the rent of the leased
pJ::emises.
31. Governinq Law. This lease shall be governed by the laws of the
state of Florida and shall inure to the benefit of and be bindi~g upon the
.~/parties hereto and their respective successors and assigns, ar.d shall be .
lIorced onl~n a court of competent jurisdicticn in Pinellas County, Floriaa1 A
~:a. A~. J~I!1.. All ;ftJ/.~tI.1i IllSltfUC l.e.1f;'" .'s ~ItcJ A4h!$HMtI M......~tAtf~~
,4,1- . N WITNESS WHEREOF, the parties hereto have set their hands and seals the day -:t
~. and year first hereinabove written . .
. t
i
witnesses:
"Lessors"
~~
A:~.~j
Anna 'l'safa 0
.~-_.
Terry Tsafatinos
~~~
"Lessee" /
For Liquid Blue, Inc.
Sam Colucci, President
7
D-O~PLIC./
..1 O~'~G-NAL
. .1.' I!.)' [ 'I'
- i:J ..i!.~_."" .
,JUN-S2-Ct' TUE ~2W I"H Tjf.'F.l'.t.:-\-!g+..=::." ~_.-;".:':".::::I!l-"""'-'--'-' .
- ~"':~'-:.~.,:::,. --" :.,-..- . .'. ~...-. -' e
J~' APP~lIDl1~fT01lUS1N!'s.s.~
: TInS ADD (tlle "Addendum') TO BUSn-."ESS LEASE (the '~e8se") \~ madd
by IU\d bet~n ANN TSAFATlNOS ftod TERRY TSAF.A:rrNOS (the 'Lenor), an
LlQUlD Bl.UE. INC. ~he "Ltll~Ll'').
I -
i
WREREA.S 8i~ullanCouslY with the cxOOJliou of this Addendum, Leuor and I.essee
ba.....c entered into the L~ for thai certain reall'foptrty 1m:! improvements th6J'ClOn known \IS: 22
N. Port HatrisoaAvti Clearwater,~, 33755 (tho''PrcmiJca''); I1ld
WHEREA.S, Lepor and Lessee ba...e, agreed. to the following additional tenns and
eonditlons wblch add t~ ddde from, or otherwtse mod Ify tbe Lease.
NOW, in oonsideratioll oftho foregoing Recitals, and the terms tmd conditions set fortb
below. the parties 6g(ee as followB:
~
Term. and Condltloall
The followIng p!oviriow of the Leue and Addendum &to added to, deleted from, or
otherwilC modified as ~t forth below:
1. Seeurity Deb, Provided that LesseB ma.terially complies with all of the terms of
this LIlII.~e, and if there no material damage, destructi&D, and/or waste to the PremiseJ tiC tb.e
end of the teon oftbe Lease other I.han Uor.J:ON wetlt and."r. then LeJlor shall renltn the
security de"o$it to LISle! at the md orlbe teon (or the renewal term ifap,Plicable) of :hls Lense,
upon det<<minatlon of same.
;JI
l. Use of PTl'!IDI~~. Paragraph 4 oCme Lease is replaced with the following language:
"~fBte .hal1 u: and o~pytbe PreQ)ises only for B. night chlb. bar and restaurant, along
with suoh incidetalltSe9 as are necel':1-Ify and custom~ 10 such business, md for no
other purposeJ. ~itho\ltthe wrillen consent ofl.euor."
LeMor represents to LIIsee that Lenet', intended we for tho Premises as Bet forth in Paragt8ph
4 oCthe Lease are already petnsttte4 by LUll,'. irlSW'er of building coniBining tha Premi8CI&, and
are eompatible wit" tb8 applicable govunmtDtAl zoning amllmd use pJannill8 designations.
J. A.li2ftment Dr SultJea". In modifieatior. of.Parqraph 8 oftbe Lease" Lfllor shaU
no1 unreasonably witbh61d pe1'6iiuiOD fot Leuee to ..wisn and/or sublea.so the Premise!. The
last lenlence of the But subpansraph ofParasraph g i. hereby deJetod.
DUT=~ICATE ORIGIJ.\TAL
JUN-92-98 TUE e~:~~ P" l~~r""~--
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4. Alterlltlon, and ImDrovtmenl!.
A l. mltt1:d Altpr.tlClJts. In modification of Paragraph 9 of the LeB!o. l..d,or hereby
approves 'the ~lterBtiotl.! and improvemel'\ls to tho Premia~ by Len~, \\.-fl!ch are 6el fol1h on
EXhibit "A," which i, attached to the Ltll&e, and made a Jla111hllreofbYTe~renc~. !':ny and a\l
alterations approved by the Lettor is to be at lh~ Leuee') total ~enle, re&P~l\91b~hty and
UlIhility, aM mllM comply with applicablllJ,Cl\'etnmental re;sulatlonl. ~ mo(h~ea:'on of 1
Plragraph 9 of the 1.eane, Lea~ee 1~a11 no,t be requited to obH.ln LUEOr s l'etmlll910n for norma.
decosaling of1he Prell1iaes Illld for In.sttllinS telepho.l:lel'llI!ereom syat;ma and o:her no.mal an?
QUStomary Le5f~ Improvilm2'llt, !Uoh &&,~ paperi..'llJ, picture haJ\gl.l1s,llsht fl1lture 1n!Is.llatlon,
cle.
B. Removal ofI.enee'. Pro~m. Inrooditlca1ion of Paragraph 9 of the Le.e.se,1l1 tne
end oftbe-telO1 of the leue, laaee sha.1l be entitled to remove those trade fi."ttutes wl1ic~ are
desc:tibed OD Exhibit "A," hereto and made a part hereof by reference. and also allY equIpment.
machine. fllcnlshin,ss, 61.(11iture. or other business tallgib 10 personal property e>fLe,!Iee or
InltlUeG in the Premises and teme>vsble without perrnal1ent 111I.terial damage to the Pre.miaes,
Mall re~ain Les...'s property and. shall be removable by Lusee at the end of the term or the
Lease.
C. Rutorlltion. In modificlltion of Paragraph 12 of the Lease, the seoond Ic1\ttlnc~
thereof is replaced with the foUowina:
.'Lessu hereby accepts the premises in the condition they are in at the beamniol of this
Lease IUld 1I~ to maintl\in .aid ~fClI1iaes in tlte IBmo oonditions (with the exception for
~or permitted alterations) order and repair as they are at the commencement of said
tezm. and to rdum the premillll.lo tbelt osiglnal condition at tbe ~jut1on otthe term,
excepting only 1'C:lS011llble wear and tear arising ftol'Cl the 'Uso thereot under this
asreemenl, and alterations and improyements made by Leuet which ""ere approved by
Les,or."
S, Bllrht of Eatp'. In modification ofParllgr8.Jih 11 of the Lease. Lwor's ript of
access shall be predieated upon prior reasonable notice at not 1018 than 24 hOUR being given to
Leslee and mall be al reelOZlab1e thnes dUlilla the bu5ill ess day_ ucept in etJlcrgency sitUAtions.
when DO notice .halJ be required:
6. In!lUfnc:e.
.. A. AI tDLeuo(. In modification OfPU8graph 13 of tneLeaso. Lesaor shall
mlll~ adequat~ levt!ls of cemalt,Y \tlS\lfance on the building contairalns the Pl'Clmises, and
proVlde Lellte W1.th a copy oftbe lnsutUeo policy \I,nn request.
. B.,6J. to ~lC!e; ~ !"odineation QfPa~~h 13 of the Lease, Lessee d'l8U. at its
~st. .mal~taln comprah81llsve liability insurance. lncludU18 puhlio liability and propeny damage,
ll1SUl'!ng III the Damel or Lessee and LenD... A copy of the certUi0At6 oE ~(I.!lut'l1l1ce -hall be
prOVldcd to LtSJor and Les.or mUlt be notified by insurer if polioy hat been can~lIed,
2
DljPL!CATE ORIGjJ~:AL
JIJrl-92-98 "ui
, -.
~I~. ~M
Tj~!~RT :~~.~_.,
. ':=:II:':'r~::i"'-' ..-----1
7...RlfaI!t. In modinclltioDofParagraph 1 S ofthe Lease, Lessee shall have a fi\ll! (5) da.y grace
period w\thin which t() Make any monetary pl.yment due. !'rlder the Lease, and :Lessee Iha.U hh"&
A twel1ty (20) day grace period to eure lny T\orlJl1onelary tlOm:om,pllanoo with tho terms and
conditions ofthe w!e, upon a wrlttl'll1 notice of the aame by Lessor. In modifiaalion .
ofPlII'RgTaph 18(0) of the Lease, is ShBJIllot be callsa rot termination ofthe Lellae by uuor, :
than an involuntary petition in 1llu'lkruptcy II m.d agliAsl Ltuee, provided fhlll the: 311mD i, !
di/lmissed in favor ofLe.uet within Elxly (60) days of l"lo tlJ!t\g thereof. Lenee must pay rem
every month during any court procedure, including bankruptcy court, with no delllY in the
payment orIent. I
8" IndemnHJ~tlD'q. In modification. of Paragraph 21 ofthe Lease, the indemoiti.catiol1 of
LelIlor by u8see shalll\ot extend to iDjuriea to property mdlor per-SODS caused by LU3or's
blt4ch, Lessor'J duttt!l ot'(epair and maintenance Il.S .et forlhln Parasrapu 14 of the J,~ase:. In
mod1fication oIPar!~aph:28 oflhe Lease, tho .lD.dem.ninc:.ation ofIa.ell' by LCIIll;C shall nDt
~~rnd to oollditioni i~ 01' about tb.e Prtlniles which "p~c.ded the 41lte of'J,Mlee.s occup~ncy of
the Premisea" .
9. VnafTeded ll.'gv"\ou All provWons of the Lease between the partles shall rema\n in iull
force Inti affect except as modified by thil Addtndum. In tho aV~tl1 of any ambiguity betwceo
tho provisio.l\ll of thii Addendum and 111& lase, tIUs Addondum .hAlI control.
f
] o. lenoD81 GuanuilI. In tt\odlficalion ofPungraph 30 of the Lease is h.ereby deleted and
replaced w;.th the following guaranty:
A. Sam C. C~ucCi hereby pruvides ~ guaranty ofrhe monthly renral payment oblis"tion
ofLessefl, h, the extent tlat the Ll!ll91!& i& rhll owner of the nlght club, bat, and
restaurant busineu (tlle '"Business") M tb~ subject Premises.
!
B. In rhe eve-lit that the Business is sold either through a stock sllle of .Lessee or through
llSale of thrUSin88S aSg~t5 by Uasee to a third per50n or businell5 entity, then such
personal ty of Sam C. Colucci &hAJI ti&fminBt., automatically upon the date ~f
such hIe.
C. h\ the eve that Lessee defaults on tne monthly rental obligation under the Lease.
such pencdw guaranty .mll terminate automilucally UI'Oh tho e.'lllier oftbe
followin8 dales:
I
I. T~~d8t8 that Lessor reacqulres pos5euion otthe P.remisca from the Lessee
tht'Qugbjudicial proceedlng!; (It
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!
I
DUPLIC.ATE ORIG-INfJ..J
3
POLICY NUMBER
e
ASUA101818
e
:;G 00 90 01 95
COMMERCIAL GENERAL LIABILITY DECLARATION~~
NAMED INSURED
JLL Enterprises, Inc. DBA: Liquid Blue
MAILING ADDRESS
647 Waterside Way
Sarasota, FL 34242
POLICY PERIOD: FROM 10/09/02 TO 10/09/03 AT 12:01 A.M. STANDARD TIME
AT YOUR MAILING ADDRESS SHOWN ABOVE.
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS or THIS POLICY,
WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
I LIMITS OF INSURANCE
EACH OCCURRENCE LIMIT
FIRE DAMAGE LIMIT
MEDICAL EXPENSE LIMIT
PERSONAL & ADVERTISING INJURY LIMIT
$ 1.000.000.
$ 50.000. ANY ONE FIRE
$ EXCLUDED ANY ONE PER::ON
$ 1.000.000. ANY ONE PER:; ON
OR ORGANIZA nON
GENERAL AGGREGATE LIMIT $ 2.000.000.
(Other than Products/Completed Operations)
PRODUCTS/COMPLETED OPERATIONS AGGREGATE LIMIT $ 1.000.000.
I RETROACTIVE DATE (eG 00 02 ONLY)
COVERAGE A OF THIS INSURANCE DOES NOT APPLY TO "BODILY INJURY" OR "PROPERn DAMAGE"
WHICH OCCURS BEFORE THE RETROACTIVE DATE. IF ANY, SHOWN BelOW.
RETROACTIVE DATE: NONE
(ENTER DATE OR "NONE"IF NO RETROACTIVE DATE APPLIES)
I DESCRIPTION OF BUSINESS
FORM OF BUSINESS
()
()
INDIVIDUAL ( )
LIMITED LIABILITY
PARTNERSHIP
()
JOINT VENTURE
(X) ORGANIZATION. INCLUDING A CORPOFiATION (BUT
NOT INCLUDING A PARTNERSHIP, JOINT VE:N~'URE OR
LIMITED LIABILITY COMPANY)
Business Description: TAVERN/NIGHTCLUB/RESTAURANT
CG 00 90 01 95
Copyright, Insurance Services Qffice, Inc., 1994
Page 1 of2
-- - - . -' ... --.. ........... - - . ........ --
POLICY NUMBER
ASUAe:J1 8
e
C G 00 92 01 95
LIQUOR LIABILITY DECLARATIONS
NAMED INSURED
MAILING ADDRESS
JLL Enterprises. Inc. DBA: liquid Blue
647 Waterside Way
Sarasota, Fl 34242
POLICY PERIOD: FROM 10/09/2002 TO 10/09/2003 AT 12:01 A.M. STANDARD TIME
AT YOUR MAILING ADDRESS SHOWN ABOVE.
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS Of: 1 ,,,us POLICY,
WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
I LIMITS OF INSURANCE
EACH COMMON CAUSE LIMIT
AGGREGATE LIMIT
$ 1.000.000.
$ 1.000.000.
I RETROACTIVE DATE (eG 00 34 ONLY)
THIS INSURANCE DOES NOT APPLY TO "INJURYw WHICH OCCURS BEFORE THE RETROACTIVE DATE, IF
ANY. SHOWN BELOW.
RETROACTIVE DATE: NONE
(ENTER DATE OR "NONE" IF NO RETROACTIVE DATE APPLIES)
I DESCRIPTION OF BUSINESS
FORM OF BUSINESS
()
()
INDIVIDUAL ( )
LIMITED LIABILITY (X)
PARTNERSHIP
()
JOINT VENTURE
ORGANIZATION, INCLUDING A CORPORATION (BUT NOT
INCLUDING A PARTNERSHIP I JOINT VENTURE C R LIMITED
LIABILITY COMPANY)
BUSINESS DESCRIPTION: TAVERN/NIGHTCLUB/RESTAURANT
CG 00 92 01 95
Copyright. Insurance Services Office, Inc", 1992
Page 1 of 2
--..- --........ ..Ius. i7tt..L ;Jot QJ.:)3
HAYS ENTERPRISE/IBC
e
ACORD1JI
PRODUCER
Hays Enterpnses, lnc" d/b/a
lnslIrance & Benefits Consultant'!
2620 S, Tamiami Trail. Suite 200
Andrew Lineberger (941) 955.2133/Fax (941) 957-4153
III 001
Date (Olf04!03)
THIS CERTIFICATE IS ISSUED AS A MATTER OF Th'I 'ORMATION ONL \" AND
CONFERS NO RIGHTS UPON THE CERTIFICATE B( ILDER, THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR AI.. l' ER THE COVERAGE
AFFORDED BY THE POI,JCIES BELOW.
COMPANY
A
COMPANY
B
COMPANY
C
COMPANY
D
... !:~r~:*m~@'m:l~J.@fiW1M#;:gi
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTeD BELOW HA SSUEDTO THE INSURED ABOVE FOR rHitrouCYPERJoD'IN'Dit
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEC'( TO WHlCH
THIS CERTIFICATE MAY BE ISSUED OR MAY PERT AlN, THE INSURANCE AFFORDED BY nm POLICIES DESCRIBED HEREIN I:: SUBJECT TO ALL THE TEf
EXCLUSIONS AND CONDmONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POUCY NUMBER D,\TE (MMJDDIYY) DATE (MMIDDNY) LIMITS
INSURED
COMPANIES AFFORDING C/:lVERAGE
ILL Enterprises, Inc.
Dba Liquid Blue
22 N. Fort Harrison
Clearwater, FL 34242
Clarendon America Insurance C(.m i any
FL Retail Federation Self Insurers l'und
Geneml Liability General Aggr>i
A ~ Commercial Genual Liability Product, .. C~
~::::J Claims Made IX! Occur ASUAlO1818 10/09/2002 10/0912003 Personal & Ai:
l-- O_er's & Contractor's !'rot Each Occ'Un
I-- Fire Damage (.
Med u'P (lm)
~qtQmobl\" Uability
AllY Alita Combined Sin
-
All Owned Autos
-
Scheduled Autos Bodily Injury ,
-
~bred Autos
-
Non-Owned Autos Bodily Injury .
-
-
Prllperty I);LIl1H
..!,?rage Uabl11t)' Auto Only E"
Any Auto Other Than At;
-
F.
-
EJ'cess Lbbl11ty Each Occulrer'
R Umbrella Fonn Aggregate
Other TI1lUI Umbrella Form
WorJiers Compensation And WC Statuteof)'
C ElDpJOyu'l Liability Other
The Proprietor/Partners! ~ INCL 520 26303 ??oo 10/07/2002 1010712003 EL Each A/;o:;,
ElCecutive Ofticers .<\re: . EXCL EL Disease .. I'
EL Dise_ . I'
I:ate
. plOp Agg
,. Injury
l:lICe
'uty oue fire)
one persoll)
!IeLimil
'<:r person)
'er accident)
~e
:h Accident
o Only;
leb Accident
Aggregate
:e
Othe"
Jrn
; .Jiey Limit
: \. Employee
$ 2.000.000
$.1.000.000
S_.LOaO.OOo
$_1.000.000
$ 50.000..
$
:$
$--
$_____
:Ii
$
;~~;~~~~~~fi?:@i!j,~f~~
$
$
$
$_.
S
$ 100.000
$_500.(J()O
$ IOO.UOO
Dacrlpdon ofOpe...UouILocatlmwJVeltId~ Items
Bar, Lounge, Night Club
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: ~'~...: g ;"':- ..v::"':. : :J:'(' : ;;';." ~ W:: :'f.;i~I{~~~i;~t~l.=r*~tM~M:M~:*iz;~ii1
SHOULD ANY OFTIlE ABOVE DESCRIBED POLICIES BE CA 'rCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WH. ,ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HO!..I):iR NAMED TO TI-lE LEfT.
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO C 3LIGATION OR LIABILITY
ANY KIND UPON THE COMPANY ITS AGENTS OR REPRISE VT A rIVES.
AUTHORIZED REPRESENTATIVE ..
Andrew Li1lebe.-
.~. '.1.;'.r,
'". ,.;.' :-
City of Clearwater Planning Department
100 S. Mvrtle Ave.
Clearwater, FL 33756
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WATER'S PREM\E?- ~\\
Mr. John Schodtler
City of Clearwater
Planning Department
P.O. Box 4748
Clearwater, FL 33756
RECE\VED
'M~~ 0 6 2003
P~~FGC~~~~~~l
May 1,2003
Dear Mr. Schodijer
Thankyou for reviewing my Application for Flexible Standard on April 17, 2003, but after the
discussion we determined that it was not necessary so I would like to withdraw the Application for
Flexible Standard.
John Tassotti
JLL Enterprises, INC. (Liquid Blue)
22 N. Fort Harrison Avenue
Clearwater, FL 33755
22 North Fort Harrison · Clearwater, Florida 33755
(813) 446-4000 · Fax 446-0098
.
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CITY OF
CLEARWATER
loNG RANGE PLANNING
DEVELOPMENT REvIEW
PIANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRnE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (]27) 562-4567 FAX (]27) 562-4576
April 28, 2003
Mr. John Tassotti
JLL Enterprises, Inc. (Liquid Blue)
22 N. Ft. Harrison Avenue
Clearwater, FL 33755
RE: Application for Flexible Standard approval (FLS2003-02009) to allow the indoor recreation and
entertainment use as an accessory use in an existing nightclub located in the Downtown zoning district
under the provisions of Section 2-902.E.
Dear Mr. Tassotti:
The Development Review Committee (DRC) reviewed your application on April 17, 2003 and through
discussion determined that your application could be withdrawn. The DRC asked that you prepare a written
request to withdraw. To this date we have not receive such a letter.
Please send the letter to my attention:
City of Clearwater
Planning Department
P.O. Box 4748
Clearwater, FL 33756
Attn: John Schodtler
Sincerely yours,
J~' ~G--
Development Review Specialist
S:\Planning Departmenf\C D B\Standard FleX\Pending Cases\2 - Reviewed and Pending\04-17-03 DRC\Ft Harrison N 22 Liquid Blue - Withdrawn\Ft
Harrison N 22 withdrawn reminder. doc
BRIAN J. AUNGST, MAYOR-COMMISSIONER
WHITNEY GRAY, VICE MAYOR-COMMISSIONER HOYT HAMILTON, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BILl. JONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIfUo"fATIVE ACTION EMPLOYER"
9:45 -10:15 a.m.
Case: FLS2003A>9 - 22 North Fort Harrison Avenue .
Owner/Applica~ohn Tassotti (Liquid Blue) - work: 727-446-4 ; edress: thekid23@msn.com
Location: 0.09-acres located on the west side of North Fort Harrison Avenue, approxImately 150
feet north of Cleveland Street.
Atlas Page. 286B
Zoning: D, Downtown District.
Request: Flexible Standard Development approval to permit an indoor recreation and
entertainment use as an accessory to an existing nightclub located in the Downtown District, under
the provisions of Section 2-902.E.
Present Use: Night Club
Proposed Use: The addition of an indoor recreation/entertainment use to an existing
nightclub.
Neighborhood Association(s): Old Clearwater Bay Neighborhood AssocIation, Rowland Milam
1844 Venetian Point Drive, Clearwater FL 33755
Presenter: John Schodtler, Development Review Specialist.
Attendees included:
City Staff: Mark Parry, John Schodtler, Tom Glenn, Bryan Berry, Frank Gerlock, Neil Legters,
Joe Colbert, and Scot Rice
Applicant/Representative: John Tassotti
The DRC reviewed this application with the following comments:
1. Environmental:
a) No comments.
2. Fire:
a) Application is incomplete. No dimensions are given.
b) A building permit application to relocate the "existing" bathroom is on hold. The bathroom on
the 2nd floor was never permitted. (BCP2003-03165)
c) Use of the main floor for other purposes will result in a loss of floor area for occupants and
cause a lower occupant load for the business;
d) Address all of the above prior to the issuance of a Development Order;
e) Suggest a stand-by EMS (emergency medical service) be provided for quick response to a
serious injury.
t) That all Fire Department Code requirements be met prior to the issuance of any permits or
licenses.
3. General eDldneerine:
a) No comments.
4. Harbor Master:
a) No comments.
5. Land resource:
a) No comments.
6. Landscapine:
a) No comments.
7. Parks and Recreation:
a) No comments.
8. Plannine:
a) What IS the size of the boxmg ring? ApplIcant wIll provide,
b) Hours of Operation? DUring normal busmess hours 9 p.m. to 2 a.m. Monday, Tuesday, Friday,
Saturday and Sunday;
c) Will medical professionals be on staff during amateur boxing mghts?
d) Will patrons be required to sIgn waiver of liability?
e) Is the ring an industry standard ring?
t) Are participants reqUIred to wear padded headgear and mouthpiece?
g) What type of boxing gloves are being used?
h) Will a professional referee oversee the events?
i) Will participants be allowed to box after consuming alcohol?
DRC action agenda - 4/17/03 - Page 3
10.
Solid waste: .
a) No comme
Stormwater:
a) No comments.
Traffic engineering:
a) No comments.
Legal and Code Enforcement:
a) Provide five feet of clear space between the ring and spectators;
b) Prohibit minors from entering the buildmg dunng boxing events;
c) Limit fighting events to boxing;
d) Prohibit kick boxing, street fighting, and other hand to hand combat or martial arts
competitions;
e) Provide proof of insurance showing liability coverage of a minimum of one million dollars;
f) Require proper disposal of biohazard waste
g) Boxing events to conclude by 2:00 a.m.
Police:
a) Recommends that the club employ at least four inside security guards for crowd control.
.
9.
11.
12.
13.
NOTES:
1.
2.
3.
Send comments to John Tassotti at thekid23@msn.com;
No prize money or cover charge;
If there is no charge by cover or for the participants for the specific activity the case can be withdrawn
and will meet the requirements of Minimum Development.
The applicant will provide a statement addressing number three above attesting that there is not a cover
or charge of any kind for spectators or participants for any special event.
4.
DRAFT CONDITIONS:
1. That all Fire Department Code requirements be met prior to the issuance of any permits or licenses;
2. Permitted accessory use to be limited exclusively to amateur boxing;
3. That other uses, including but not limited to, kick boxing, street fighting, and any other hand-to-hand
combat or other martial arts competition, mud wrestling, food fights, etc., to be prohibited;
4. That events be limited to one night per week and not to be held in conjunction with another
entertainment event and limited to the normal hours of operation of the nightclub;
5. That all boxing participants, including staff, be required to wear protective equipment including
headgear and a mouthpiece;
6. That all City ordinances, including adult use and public nudity regulations, be met;
7. That no persons be permitted to compete in boxing event after consuming alcohol within 12 hours
before event;
8. That professional boxers be prohibited from competition;
That the ring be designed as a traditional boxing ring and not be altered for any other type of event;
9. That a minimum of five feet be provided between ring and spectators
10. That biohazard waste be properly contained on site and disposed of to the satisfaction of the Solid
Waste Department and Pinellas County Health Department;
11. That minors be prohibited from building during boxing events;
12. That no additional signage be permitted on the building exterior other than what is permitted by Code.
DRC action agenda - 4/17/03 - Page 4
h
.
.
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION
STAFF REPORT FOR 04/17/03 DRC MEETING
BACKGROUND INFORMATION:
APPLICANT: Liquid Blue - John Tassotti
CASE NUMBER: FLS2003-02009
PROPERTY LOCATION: 22 North Fort Harrison Avenue
REQUEST: Flexible Standard development request to add indoor recreation and entertainment
(amateur boxing) as an accessory use to an existing nightclub at 22 North Fort Harrison Avenue.
ZONING:
"D" (Downtown District)
EXISTING USE:
Nightclub
ADJACENT LAND USES:
North: Vacant Building
South: Office
East: Office
West: Parking Lot
The area is dominated by commercial uses.
STAFF ANALYSIS
The site is located on the west side of North Fort Harrison Avenue, approximately 150 feet north
of Cleveland Street. The immediate vicinity includes a variety of land uses including the AM
South Bank building to the west, several vacant retail and office buildings to the south, a paved
parking lot owned by Calvary Baptist Church to the west and offices utilized by the Church of
Scientology to the east. Generally, the immediate vicinity is in fair condition. There is great
redevelopment potential for this area as access to Clearwater Beach will be rerouted along Court
Street to the south with the future Memorial Causeway bridge improvement.
The 0.09-acre site has an existing nightclub, Liquid Blue, and has been in operation in excess of
six years. The site relies on parking from surrounding parking lots. Many patrons use the vacant
Calvary Baptist Church parking lot to the west. The nightclub operates after _. when the
majority of the downtown office buildings are closed and parking is available. The building has a
maximum capacity of approximately 500 occupants.
The proposal is to add an amateur boxing event to serve as additional entertainment for the
nightclub patrons. The boxing event is classified as indoor entertainment under the provisions of
the Community Development Code and is included as a separate use category from the existing
.
.
nightclub use. As a result, the applIcant is requesting the indoor entertainment use classification
by way of this Flexible Standard application. Furthermore, staff recommended that the use be
requested as an accessory to the existing nightclub since the events are intended to serve the bar
patrons and not function on their own.
The Police, Fire, Legal and Development Services (Code Enforcement) departments support the
request to permit indoor entertainment as an accessory to an existing nightclub pursuant to
several safety and legal conditions. It is recommend that a minimum of four security guards be
employed inside the club for crowd control and that stand-by emergency medical service (EMS)
be provided to ensure a quick response time in the event of serious injury. It is also recommended
that the club provide five feet of clear space between the ring and spectators, prohibit minors
from entering the building during boxing events, limit fighting events to boxing and prohibit kick
boxing, "street fighting", and any other hand-to-hand combat or martial arts competition,
preclude the alteration of the ring from a traditional boxing ring, require proper disposal of
biohazard waste such as blood, and require all those affiliated with the events to be properly
licensed with the City. In addition to these safety concerns, staff recommends that the hours of
the event be limited to 2:00 a.m., concurrent with the hours of the nightclub.
FLEXIBLE STANDARD CRITERIA FOR INDOOR RECREATION AND
ENTERTAINMENT USE IN THE DOWNTOWN DISTRICT:
1. The parcel proposed for development does not abut any property designated as
residential in the zoning atlas.
The subject property does not abut any property zoned residential. The proposal is in
compliance with this criterion.
2. Front Setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
The proposal does not include any construction or alterations to the existing structure. The
proposal is in compliance with this criterion.
3. Side and rear setback: The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient design
and appearance and results in landscaping in excess of the minimum required.
The proposal does not include any construction or alterations to the existing structure. The
proposal is in compliance with this criterion.
STANDARD CRITERIA FOR ACCESSORY USE/ STRUCTURES
B. Standards. In addition to all the standards in this Development Code, accessory uses
and structures shall be established in accordance with the following standards:
1. The accessory use and structure is subordinate to and serves an established
and conforming principal use.
The request is to permit indoor entertainment as an accessory to the existing
nightclub. The event is to be held regularly on _ evenings and is intended to
.
.
provide additional entertainment for nightclub patrons. The indoor entertainment
use is accessory to the primary nightclub use and thus, conforms to this criterion.
2. The accessory use and structure are subordinate in area, extent, and purpose
to the principal use.
The indoor entertainment activity will operate within the existing nightclub in a
relatively small area. The proposed use is a boxing ring that occupies a relatively
small area when compared to the overall club.
3. The accessory use and structure contributes to the comfort, convenience or
use of the principal use.
The indoor entertainment activity is intended to provide additional entertainment
to nightclub patrons.
4. The accessory use and structure is located on the same property as the
principal use and located behind the front edge of the principle structure.
The indoor entertainment events will occur within the nightclub building. The
proposal is in compliance with this criterion.
5. The accessory use(s) and structures, unless otherwise allowed as a permitted
use in the zoning district, shall not cumulatively exceed ten percent of the
gross floor area of the principal use. Such structures may be permitted up to
twenty-five (25) percent of the gross floor area of the principal use through a
Level One (flexible standard) approval process. Gross floor area of the
principal building includes the floor area of any attached garage or carport.
The use is permitted as a Flexible Standard approval in the D, Downtown District.
The boxing event will encompass a small area within a boxing ring. No accessory
structures are proposed.
6. The accessory use may be located in a separate building, provided that
such building complies with all the development standards in Article 3
The indoor entertainment operations will occur within the existing nightclub
building and will not operate in a separate building. This criterion is not
applicable to this proposal.
7. The use complies with each and every development standard applicable to
the principal use to which the accessory use is accessory
The nightclub is in compliance with the development standards of Code including
providing required parking. The indoor entertainment accessory use is in
compliance with this criterion.
8. No accessory structure shall exceed fifteen (15) feet in height in
any residential zoning district and no more than the allowable height for the
principal use in any nonresidential zoning district. Such structures may be
permitted up to twenty (20) feet in height in the residential zoning districts if
approved through a Level One (flexible standard development) approval
process.
.
.
This criterion is not applicable to this proposal.
9. Canvas, or other similar materials, shall not be allowed as a permitted
material for any accessory structure.
This criterion is not applicable to this proposal.
10. In-ground pools that are 12 inches or less above grade shall be classified as
an accessory structure. In-ground pools that are greater than 12 inches
or more above grade shall be classified as a principal structure.
This criterion is not applicable to this proposal.
11. Exemptions.
a. A two car detached garage shall be exempt from the percentage
requirements specified in Section 3-201(B)(S) above provided there is no
other parking garage located on the site.
This criterion is not applicable to this commercial use.
b. Swimming pools and spas shall not be included when calculating the
amount of permitted accessory uses/structures on a site.
This criterion is not applicable to this commercial use.
GENERAL APPLICABILITY: Conditions which are imposed by the Community
Development Coordinator and the Community Development Board pursuant to a Level
One or a Level Two Approval shall ensure that:
1. The proposed development of the land will be in harmony with the scale, bulk,
coverage, density, and character of adjacent properties in which it is located.
No additional structures are part of this proposal. The indoor entertainment use is accessory
to an existing nightclub. The downtown area has an array of nightclub and entertainment
operations include nightclubs, bars and dance clubs. The proposal is compatible with the
character of adjacent properties and downtown as a whole.
2. The proposed development will not hinder or discourage the appropriate development
and use of adjacent land and buildings or significantly impair the value thereof.
The indoor entertainment accessory use will occur inside of the existing nightclub building.
Adjacent land includes parking to the west, office buildings to the east, and vacant retail and
office buildings in the general vicinity. These properties are located within the mixed-use
downtown district that includes an array of ni htclub and entertainment operations. The
nightclub and boxing event will operate after . when surrounding businesses are
closed.
3. The proposed development will not adversely affect the health or safety or persons
residing or working in the neighborhood of the proposed use.
.
.
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CITY OF
CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4865
PLANNING DEPARTMENT
February 20, 2003
RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE DEVELOPMENT APPROVAL
AT 22 N. FT. HARRISON AVENUE (FLS2003-02009)
To Surrounding Property Owners:
As a property owner within 200 feet of 22 N. Ft. Harrison Avenue, the City of Clearwater Planning Department
gives notice that an application for Flexible Standard Development has been filed for that property. The request
is to allow the indoor recreation and entertainment use as an accessory use in an existing nightclub located in
the Downtown zoning district under the provisions of Section 2-902.E.
On April 17, 2003, the Development Review Committee (composed of the City's professional staft) will review
and determine whether the application demonstrates compliance the City's Community Development Code.
Following that review and determination, the Planning Director will issue a Development Order approving,
approving with conditions or denying the application and a copy of this Development Order will be mailed to
you. The earliest date that the City will make a decision on the application will be April 24, 2003.
The City encourages you to participate in the review process of this application. You may phone me at 727-
562- 4604 for further information, visit our office to review the files and/or submit written comments to be
considered in the City's review of the application.
An appeal of the decision of the Planning Director may be initiated by the applicant or property owners within
the required notice area who present competent substantial evidence at, or prior to, the Development Review
Committee meeting (April 17, 2003). An appeal must be filed, including an appeal fee, with the Planning
Department within seven days of the date of the Development Order.
Thank you for your interest in the City of Clearwater's development review process. Please do not hesitate to
contact me should you have any questions. You may access our Planning Department through the City's
website: www.clearwater-fl.com.
Sincerely,
(X)k ~{\..t-....
Joh~chodtler
Development Review Specialist
S:\Planning Departmenf\C D B\Standard Flei\Pending Cases\3 - Up for the Next DRC\Homestead Oaks 3061 MortonVlomestead Oaks 3061
N otificationLette r. doc
BRIAN J AUNGST, MAYOR-COMMISSIONER
WHITr-;E\ GRAY, VICE MAYOR-COMMISSIONER HOYT HAMILTON, COMMISSIONER
FRMK HIIlBARD, COMMISSIONER * Bn.LJONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
.
.
CITY OF
CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4865
PLANNING DEPARTMENT
March 7, 2003
Mr. John Tassotti
JLL Enterprises, Inc. (Liquid Blue)
22 N. Ft. Harrison Avenue
Clearwater, FL 33755
RE: Application for Flexible Standard approval (FLS2003-02009) to allow the indoor recreation and
entertainment use as an accessory use in an existing nightclub located in the Downtown zoning district
under the provisions of Section 2-902.E.
Dear Mr. Tassotti:
The Planning staff has reviewed your application to add the indoor recreation and entertainment use as an
accessory use in an existing nightclub located in the Downtown zoning district under the provisions of Section
2-902.E. at 22 North Fort Harrison Avenue. After a preliminary review of the submitted documents, staff has
determined that the application is complete.
Please provide the following:
1. Photographs of the inside of the building where the intended use is proposed;
2. Hours of Operation;
3. Size of boxing ring; and
4. Will medical professionals be on staff during amateur boxing nights.
5'.
The application has been entered into the Department's filing system and assigned the case number: FLS2003-
02009.
The Development Review Committee (DRC) will review the application for sufficiency on April 17, 2003 in
the Planning Department conference room - Room 216 - on the second floor of the Municipal Services
Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. Please call Sherrie
Nicodemus, Administrative Analyst at 727-562-4582 no earlier than one week prior to the meeting date for the
approximate time that your case will be reviewed. You or your representative must be present to answer any
questions that the committee may have regarding your application. Additional comments will be generated by
the DRC at the time of the meeting.
If you have any questions, please do not hesitate to call me at 727-562-4604.
Sincerely yours,
~.~~
J gSc-h~dtl~r
Development Review Specialist
S:\Planning Departmenf\C D B\Standard Flex\Pending Cases\.1 - Up for the Next DRC\DRC 4-17-03\Ft Harrison N 22 Liquid Blue\Ft Harrison N 22
complete letter.doc
BRIAN] AUNGST, MAYOR-COMMISSIONER
WHITNEY GRAY, VICE MAYOR-COMMISSIONER HOYT HAMILTON, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BILL]ONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATNE ACTION EMPLOYER"
.
.
The propo~~d boxing event will occur inside the existing nightclub and will operate under the
supervision\Qf~n',experienc~d security sl~ff..J?articipants are required tq w~ar, protective
equipmeri.ti~cltiding'padded headgear; a"mouthpiec~ and, boxing giov~', as 'professional
Jeagu~s;t'~~4ii>~tS, are res,tricted:from. ~~o4ql ;cons~~pti_on prior to'a~~ q.lrring the event.
A' ,i pr6f~s~il?J,l~~tefe,r.ee ,o~ersees,' the ':, event/and.. ,~etet:ITrines whentdJ';-~()p+";tl1e~' match~
~ ,(., '" > 'f',. ~~ "" " , " ~ ^ ,'< ,">I~ ,l, '.\ \~, < > I ~ ' ,.
Additionany~ th\f City of Clero;wateJ;:Police and~Fire';RescueDepartment~tare;J:ocated within
one block of'the's1te in the event an emergency shouid anse. The event wiirbe held.aft~r 5:00
p.m. when thern,ajority of the ;'ciowntown workforce has left the area. Security staff will also
oversee any activity outside the club~
4. The proposed development is designed to minimize traffic congestion.
The Indoor entertaInment accessory use IS not expected to generate a SIgnIficant number of
Increased vehIcle tnps than would otherwIse be expected of a successful nIghtclub. The
bOXIng event IS lImited to one nIght a week and is Intended to serve as entertaInment for the
nIghtclub patrons.
5. The proposed development is consistent with the community character of the immediate
vicinity of the parcel proposed for development.
The parcells located WIthIn the downtown dlstnct that has a mIx of land uses. AddItIonally,
the downtown area has several nightclub and indoor entertainment establIshments. The
proposed Indoor entertainment accessory use is consistent WIth the communIty character.
6. The design of the proposed development minimizes adverse effects, including visual,
acoustic and olfactory and hours of operation impacts, on adjacent properties.
The accessory use WIll occur InSIde the existIng nIghtclub buildIng. NeIther the hours of
operatIOn nor the IntenSIty WIll be Increased as a result of adding thIS accessory use. The
proposed amateur bOXIng event is Intended to create additIOnal entertaInment for nIghtclub
patrons. No outSIde Improvements are proposed.
SUMMARY AND RECOMMENDATION:
The Development ReVIeW CommIttee reVIewed the applIcatIOn and supportIng materIals on Apnl
17,2003. The proposal meets the fleXIble CrItena for an Indoor recreatIOn and entertaInment,
accessory use, and general applIcabIlity as defined In the CommunIty Development Code.
The PlannIng Department recommends that the applIcant WITHDRAW the FleXIble
Development applIcatIOn to permIt Indoor entertaInment, amateur bOXIng, as an accessory use to
an eXIstIng nIghtclub (Club More), due to dISCUSSIOns leadIng to the determInation that the fact
that the applIcant is not charging partICIpants to fight that the use does not meet the definItIon of
the" Indoor RecreatIOn EntertaInment" use.
Prepared by the PlannIng Department Staff
John Schodtler
S:V'lanning Deparllllmt\r [) !J\Standard FlexV'mding lll.\eS\1 - lJpjiJl' the Next DRC\}{ Harrison N ::>::> Liquid Blue\Ft Ilarrison N 22 slall
report,doc
LL
o
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>-
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9:00 - 9:30 am
9:30 - 9:50 am
9:50 - 10:20 am
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Updated as of 3/27/03
Times are subject to change
AGENDA
DEVELOPMENT REVIEW COMMITTEE
April 17,2003
Staff Review
LEVEL ONE CASES:
Case: FLS2003-003011 - 2346 Anna Avenue
Owner/Applicant: Yvette Nowak and John Turcotte (home: 727.797.7026.
Location: 0.18-acres located at the southeast corner Sharkey Road and Anna A venue.
Atlas Page: 281A.
Zoning: LMDR, Low Medium Density Residential District.
Request: Flexible Standard Development approval to reduce the front (north) setback along
Sharkey Road from 25 feet to 10 feet (to pool/patio), as part of a Residential Infill Project under
the provisions of Section 2-203.C.
Present Use: Single-family dwelling.
Proposed Use: A pool and patio in association with an existing single-family dwelling.
Neighborhood Association(s): Northeast Clearwater Regional Homeowners, Ms. Jeanne Johnson,
2420 Sharkey Road Clearwater FL 33765.
Presenter: Bryan Berry, Planner.
Case: FLS2003-02009 - 22 N. Ft. Harrison Avenue
Owner/Applicant: Liquid Blue (727-446-4000)
Location: 0.09-acres located on the west side of North Fort Harrison Avenue, approximately 150
feet north of Cleveland Street.
Atlas Page: 286B
Zoning: D, Downtown District.
Request: Flexible Standard Development approval to permit an indoor recreation and
entertainment use as an accessory to an existing nightclub located in the Downtown District, under
the provisions of Section 2-902.E.
Present Use: Night Club.
Proposed Use: The addition of an indoor recreation/entertainment use to an existing
nightclub.
Neighborhood Association(s): Old Clearwater Bay NeIghborhood Association, Rowland Milam
1844 Venetian Point Dnve, Clearwater FL 33755.
Presenter: John Schodtler, Development Review SpeCIalist.
Development ReVIew Committee Agenda - Apnl 17, 2003 - Page 1 of 7
10:20 -10: 40 am
.
10:40 -11:00 am
11:00 am -11:40 am
Case: FLS2003-0~ -1438 Jasmine Way _
Owner/Applican.ss & Cynthia Durant (727-461-2630). _
Location: 0.19-acres located on the north side of Jasmme Way, approximately 130 feet west of
San Remo Avenue.
Atlas Page: 297 A.
Zoning: LMDR, Low Medium Density Residential District.
Request: Flexible Standard Development approval to reduce the rear (north) setback from 15 feet
to five feet (to building), under the provisions of Section 2-203.B.
Present Use: Single-family dwelling.
Proposed Use: An aluminum, all season room and patio in association with an existing single-
family dwelling.
Neighborhood Association(s): None.
Presenter: John Schodtler, Development Review Specialist.
Case: FLS2003-03012 - 3061 Homestead Oaks Drive
Owner/Applicant: Richard Morton (Home: 727-785-5001/E-mail:
mortonr@hillsboroughcounty.org)
Location: 0.28-acres located on the south side of Homestead Oaks Drive, approximately 60 feet
west of McMullen Booth Road.
Atlas Page: 256A.
Zoning: LDR, Low Density Residential District.
Request: Flexible Standard Development approval to reduce the side (east and west) setbacks
from 15 feet to 10 feet and reduce the rear (south) setback from 25 feet to 21 feet, as part of a
Residential Infill Project, under the provisions of Section 2-103.B.
Present Use: Single-family dwelling.
Proposed Use: A new single-family residence with an enclosed swimming pool.
Neighborhood Association(s): Forestwood Estates, Kathy Milton, 1883 Forestwood Drive
Clearwater FL 33759.
Presenter: John Schodtler, Development Review Specialist.
Case: PLT2003-00002 & FLS2003-03013 - 3311 66th Street
Owner/Applicant: George E. Pappas/George G. Pappas and Anthony Ciccotti (727-409-6469/E-
mail pappajpa@venzon.net).
Location: 1 88-acres located at the northeast corner of Velventos Dnve and 66th Street.
Atlas Page: 178A.
Zoning: LDR, Low Density Residential District.
Request: Preliminary Plat approval to create four new residential lots (PL T2003-00002) and
Flexible Standard approval (FLS2003-03013) to reduce the side setbacks from 15 feet to 7.5 feet
(to structure and pool/enclosure) and reduce the minimum lot width requirements from 100 feet to
70 feet (Lots 1 &2) and 80 feet (Lots 3 & 4), under the provisions of Section 2-203.C.
Present Use: Vacant.
Proposed Use: Four residential lots as part of a plat and the construction of four new single-
family residences with enclosed swimming pools.
Neighborhood Association(s): None.
Presenter: John Schodtler, Development Review Specialist.
Development ReView Comttee Agenda - Apnl 17, 2003 - Page 2 of 7
11:40 am-12:00 pm
1:10 pm-l:50 pm
LEVEL TWO C. .
Case: FLD2003-003-030l5 - 550 North Bayshore Boulevard
Owner/Applicant: Frank and Jeannie Arcieri. (home. 727.797.3212/ fax: 727.796.0045/cell.
727.510.5045/ email: 1IfI_~.I.r..
Location: 0.5-acres located on the north side of North Bayshore Boulevard, approximately 400
south of Mateo Street.
Atlas Page: 283B.
Zoning: MDR, Medium Density Residential District.
Request: Flexible Development approval to permit a fence six feet in height within the front
(south) setback on property within the Medium Density Residential District, under the provisions
of Section 3-804.A.1.
Proposed Use: A wrought iron-style, aluminum fence in association with an existing single-
family dwelling.
Neighborhood Association(s): 3119 San Mateo Street, Del Oro Groves Estates Neighborhood
Association, Lucille Casey, 3235 San Mateo Street Clearwater FL 33759
Presenter: Bryan Berry, Planner.
Lunch 12:00 pm - 1 :00 pm
Case: FLD2003-03012 - 302 South Jupiter Avenue
Owner/Applicant: Golda Meir Center, Inc.
Representative: Ms. Sue Murphy, Ruden McClosky. (fax: 813.314.6934/work:
813.222.6634/cell: 813.503.8900/ Sue.Murphy@mden.com).
Location: 0.36-acres including Parcel A (0.29 acres) and Parcel B (0.13 acres) located at the
northwest and northeast corners of South Jupiter Avenue and Rainbow Drive, respectively.
Atlas Page: 288B.
Zoning: C, Commercial District.
Request: Flexible Development approval to permit a place of worship within the Commercial
District with a reduction in existing lot area from 40,000 square feet to 15,720 square feet, existing
lot width from 200 feet to 140 feet, permit the reduction in the landscape buffers (Parcels A and
B), as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G and
the following additional requests as a Comprehensive Infill Redevelopment Project, under the
provisions of Section 2-704.C:
Parcel A: To permit 12 parking spaces within the right-of-way along Jupiter Avenue and Rainbow
Drive that are designed to back into the public right-of-way; and
Parcel B: To permit a reduction in the front (west) setback along South Jupiter Avenue from 25
feet to five feet (to curb), front (north) setback along Rainbow Drive from 25 feet to eight feet (to
curb), the side (east) setback from 10 feet to five (to curb) and the side (south) setback from 10
feet to four feet (to pavement).
Proposed Use: A place of worship within an existing 7,370 square foot building (Parcel A)
and an accessory 14-space parking lot (Parcel B).
Neighborhood Association(s): Skycrest Neighbors, Elizabeth France 1629 Cleveland Street,
Clearwater FL 33765
Presenter: Mark T. Parry, Planner.
Development Review Committee Agenda - April 17, 2003 - Page 3 of 7
1:50 - 2:20 pm
2:20 - 2:50 pm
2:50 - 4:00 pm
Case: FLD2003-.7 /PL T2003-00003 - 2551 Ham Boulevard .
Owner/Applican B Home Tampa, LLC.
Representative: Gary A. Boucher, OzanaEngmeering, Inc. (Fax: 727-785-5494/work: 727-785-
5494/cell: 727-365-2593/e-address: ozanaeng@earthlink.net).
Location: 5.06 acres located on the south side of Harn Boulevard, approximately 350 feet west of
U.S. Highway 19 North.
Atlas Pages: 309B and 317B.
Zoning: MDR, Medium Density Residential Distnct (Parcel 1) and MHDR, Medium High Density
Residential District (Parcel 2).
Request: Flexible Development approval to modify a previously approved site plan (for Parcel 2)
to reduce the required lot width from 150 feet to 70 feet for attached dwellings, reduce the front
(north) setback along Harn Boulevard from 25 feet to 18.9 feet (to pavement), reduce the side
(west) setback from 10 feet to four feet (to pavement) and reduce the side (east) setback from 10
feet to zero feet (to pavement) and to eliminate a four-foot high fence or wall to screen off-street
parking from view from Harn Boulevard, as part of a Residential Intill Project, under the
provisions of Section 2-404.F, and Preliminary Plat approval for 80 lots.
Proposed Use: An attached dwelling project with 80 units.
Presenter: Wayne M. Wells, Senior Planner.
Case: FLD2003-03013 - 20 Island Way
Owner/Applicant: City of Clearwater, William Morris, Director of Marine and Aviation.
Representative: William Woods; Woods Consulting, Inc (Fax: 727.786.7479/work:
727.786.5747/cell: 727.204.1134/edress: billwoods@woodsconsulting.org).
Location: 2.lO-acres located on the west side of Island Way, approximately 400 feet north of
Causeway Boulevard.
Atlas Page: 267B.
Zoning: P, Preservation District.
Request: Flexible Development approval for the construction of a City-operated, commercial dock
(nine new slips) at 20 Island Way, under the provisions of Section 3-60l.
Proposed Use: A nine-sJip commercial dock to be owned and operated by the City of
Clearwater.
Neighborhood Association: Island Estates Civic Association PO Box 3154 Clearwater
FL 33767
Presenter: Mark T. Parry Planner.
Case: DEV2002-10001- 900 North Osceola Avenue NEW PLANS COMING 3/31103
Owners: Decade 80-XIV and City of Clearwater.
Applicants: Clearwater Bay Marina, LLC and the City of Clearwater.
Representative: Don Harrill __
Location: 8.89-acres located on the west side of North Osceola Avenue, at the western terminus of
Nicholson Street.
Atlas Page: 277B
Zoning: D, Downtown District.
Request: Review and recommendation on a joint City/Developer development agreement With the
improvement of the Seminole Boat Landings.
Proposed Use: Improvements to the existing Seminole Boat Landings site including shared access
and use of parking spaces, in association with a proposed, adjacent development of 146 attached
condommium dwellings, eight attached townhomes, 120-slip marina (73 public slips and 43 slips
reserved for condos), and 7,500 square-foot nonresidential uses (restaurant/ship's store/marina
office).
Neighborhood Association(s):
~ Old Clearwater Bay Neighborhood AssociatiOn: Rowland Mllam 1844 Venetian Point Drive
Clearwater FL 33755 727-443-3227
~ Edgewater Drive Homeowners ASSOCiation: Chip Potts 1150 Commodore St. Clearwater FL
33755727-448-0093
'Y Stevenson Creek Neighborhood ASSOCiation: N/ A
~ NavajO Park ASsocJatlOn: N/A
Development ReView Committee Agenda - Apnl 17, 2003 - Page 4 of 7
4:00 - 4:30 pm
>- North Green. Association: Jonathon Wade 908 pennsyl. Ave. Clearwater FL 33755
727-461-529
Presenter: Wayne Wells, Senior Planner.
Case: FLD2002-10036 - 900 North Osceola Avenue NEW PLANS COMING 3/31/03
Owner: Decade 80-XIV.
Applicant: Clearwater Bay Marina, LLC.
Representative: Don Harrill (^', .,i" ,,;!,^" 4~, ).
Location: 8.89-acres located on the west side of North Osceola Avenue, at the western terminus of
Nicholson Street.
Atlas Page: 277B.
Zoning: D, Downtown District.
Request: Flexible Development approval to increase the height of a building with attached
dwellings from 30 feet to 149 feet (as measured from base flood elevation), as a Comprehensive
Infill Redevelopment Project, under the provisions of Section 2-903.C, and to reduce the buffer
width along the north property line from 10 feet to five feet, as a Comprehensive Landscape
Program, under the provisions of Section 3-1202.G.
Proposed Use: A mixed-use development with 146 attached condominium dwellings, eight
attached townhome dwellings, 120-slip marina (73 public slips and 43 slips reserved for
condos), and 7,500 square-foot nonresidential uses (restaurant/ship's store/marina office).
Neighborhood Association(s):
>- Old Clearwater Bay Neighborhood Association: Rowland Milam 1844 Venetian Point Drive
Clearwater FL 33755 727-443-3227
>- Edgewater Drive Homeowners Association: Chip Potts 1150 Commodore St. Clearwater FL
33755727-448-0093
>- Stevenson Creek Neighborhood Association: N/ A
>- Navajo Park Association: N/A
>- North Greenwood Association: Jonathon Wade 908 Pennsylvania Ave. Clearwater FL 33755
727-461-5291.
>- North Ward School -~.R
Presenter: Wayne M. Wells, Senior Planner.
Case: FLD2003-03016 - 2770 Regency Oaks Boulevard.
Owners/Applicants: Regency Oaks, LLC & Sylvan Health Properties, LLC.
Representative: Mr E. D. Armstrong, III, Esquire (727-461-1818).
Location: 39.61-acres located on the west side of Soule Road, approximately 1,000 feet north of
Sunset Point Road.
Atlas Page: 255A.
Zoning: Existing: LMDR, Low Medium Density Residential District, I, Institutional District and
P, Preservation District.
Proposed: I, Institutional District and P, Preservation District (Related to LUZ2003-03002
below).
Request: Flexible Development approval to permit an assisted living facility and a nursing home
for existing tenants, with an increase in height from 50 feet to 65.9 feet for two eXlstmg, five-story
buildmgs located on Tract A, with a reduction of the front (east) setback on Tract B from 25 feet to
zero feet (to pavement), reductions of the side (north) setback on Tract B from 10 feet to zero feet
(to pavement), reductions of the side (west and south) setbacks on Tract A from 20 feet to zero feet
(to pavement) and a reductIon of the reqUired parking spaces from 588 spaces to 494 spaces for the
assisted living facility on Tract A, as part of a Comprehensive Infill Redevelopment Project, under
the provisions of Section 2-1204.A for property located at 2720 and 2770 Regency Oaks
Boulevard.
Proposed Use: The purpose of the request is to be recognize a lot split separating ownership of
the nursing home from the aSSisted livmg facIlity.
Neighborhood Association(s): Virgmia Groves, Paula Clemens, 1746 S1. Croix Dr., Clearwater
FL 33759
Presenter: Wayne M. Wells, Semor Planner.
Development ReView Committee Agenda - April 17, 2003 - Page 5 of 7
4:30 - 5:00 pm
****
****
LEVELTHREE~ ~
Case: LUZ2003-03002 - 2701 & 2720 Regency Oaks Boulevard
Owners/Applicants: Regency Oaks, LLC & Sylvan Health Properties, LLC.
Representative' Mr. E. D. Armstrong, III, Esquire (727-461-1818).
Location: '-$i.) located on the west side of Soule Road, approximately 1,000 feet north of
Sunset Point Road.
Atlas Page: 255A.
Request:
(a) Land Use Plan amendment from Residential Urban, RU to the Institutional, INS
Classification; and
(b) Rezoning from the LMDR, Low Medium Density Residential District to the I, Institutional
District.
Proposed Use: Existing Nursing Facility.
Neighborhood Association(s): Virginia Groves Paula Clemens 1746 5t. CroIX Dr.
Clearwater FL 33759.
Presenter: Marc A. Mariano, Planner.
Case: ANX2003-02004 - 3119 San Mateo Street
Owner/Applicant: Zivan lovanov (305.345.2039).
Location: 0.16-acres located on the south side of San Mateo Street, approximately 200 feet east of
McMullen Booth Street and 1,500 feet north of Drew Street.
Atlas Page: 283A.
Request:
(a) Annexation of 0.16 acres to the City of Clearwater;
(b) Land Use Plan amendment from the RU, Residential Urban Classification (County) to the RU,
Residential Urban Classification (City of Clearwater); and
(c) Rezoning from the R-3, Single Family Residential District (County) to the LMDR, Low
Medium Density Residential District (City of Clearwater).
Proposed Use: Single-family dwelling.
Neighborhood Association(s): 3119 San Mateo Street, DelOra Groves Estates Neighborhood
Association; Lucille Casey 3235 San Mateo Street Clearwater FL 33759.
Presenter: Marc A. Mariano, Planner.
Case: ANX2003-03005 - 1837 Beverly Circle
Owners/Applicants: Jennifer and Thomas Lechner (727.441.3467).
Location: 0.31-acres located on the south side of Beverly CIrcle, approximately 400 feet north of
Lakeview Road and 540 feet east of Keene Road.
Atlas Page: 308A.
Request:
(a) Annexation of 0.31 acres to the City of Clearwater;
(b) Land Use Plan amendment from the RL, Residential Low Classification (County) to the RL,
Residential Low Classification (City of Clearwater); and
(c) Rezoning from the R-3, Single Family Residential District (County) to the LDR, Low Density
ResidentIal District (City of Clearwater).
Proposed Use: Single-family dwelling.
Neighborhood Association(s): None.
Presenter: Marc A. Mariano, Planner.
Development Review Committee Agenda - April 17, 2003 - Page 6 of 7
I
****
Case: ANX2003.6-1517 CalamondinLane .
Owners/Applica ay and Melanie Lee (727.725.8144).
Location: 0.21-acres located on the east side of Calamondin Lane, approximately 330 feet south
of State Route 590.
Atlas Page: 273A.
Reqnest:
(a) Annexation of 0.21 acres to the City of Clearwater;
(b) Land Use Plan amendment from the RL, Residential Low Classification (County) to the RL,
Residential Low Classification (City of Clearwater); and
(c) Rezoning from the R-3, Single Family Residential District (County) to the LMDR, Low
Medium Density Residential District (City of Clearwater).
Proposed Use: Single-family dwelling.
Neighborhood Association(s): Wood Valley Neighborhood Watch Margaret Jetton
2808 Applewood Drive Clearwater FL 33759.
Presenter: Marc A. Mariano, Planner.
****
Case: ANX2003-03007 - 1709 Grove Drive
Owners/Applicants: William Garced and Lydia Ortiz Garced (727.724.1879).
Location: 0.18-acres located on the east side of Grove Drive, approximately 150 feet north of
State Route 590.
Atlas Page: 264A.
Request:
(a) Annexation of 0.18 acres to the City of Clearwater;
(b) Land Use Plan amendment from the RL, Residential Low Classification (County) to the RL,
Residential Low Classification (City of Clearwater); and
(c) Rezoning from the R-3, Single Family Residential District (County) to the LMDR, Low
Medium Density Residential District (City of Clearwater).
Proposed Use: Single-family dwelling.
Neighborhood Association(s): Virginia Groves Paula Clemens 1746 S1. Croix Dr.,
Clearwater FL 33759.
Presenter: Marc A. Mariano, Planner.
(**** Applications will be discussed at case review meeting, no attendance from applicant at DRC.)
S'\Planning Department\C D /JIagendas DRC & CDE-Drc\200J\04 April 17, 200J\DRCagenda 04-17-03.doc
Development Review Committee Agenda - April 17, 2003 - Page 7 of 7
. .
Community Response Team
Planning Oept. Cases - ORC
Case No. f} S.20tJ3, O;JtJOc; Meeting Date: /-/ /;7 /tJJ
Location: olc2 N f'T tllfr{lftlN
[J Current Use: N ( f n Tc ( vh
~ Active Code Enforcement case~es:
~ Address nUmber@(nO) (vacant land)
lCrLandscaping (yes) @
~vergrown (yes~
B""Debris (yes) 8
cv1noperative vehicle(s) (yes)~
~Building(s) (good) @ (poor) (vacant land)
14" Fencing ~ (good) (dilapidated) (broken and/or missing pieces)
~aint (900d~ (poor) (garish)
~ Grass Parking (yes) ~
~sidential Parking Violations (yes)~
~gnage (none)~(not ok) (billboard)
~rking &!J> (striped) (handicapped) (needs repaving)
~umpster (enclosed) (f.lOt enc1ose~
~6utdoor storage (ye~
Comments/Status Report (attach any pertinent documents):
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Item #D2 - .. 703 .. . Franklin" .. Street: Ewart Holdings, Inc./CHW dba Club More -
Owner/Applicant. Request flexible development approval to permit indoor entertainment as an
accessory use to an existing nightclub (Club More) at Magnolia Park, Blk 11, part of Lots 2,3,8 and 9.
FL 01-03-16
Mr. Givens reviewed the request. The 0.43-acre site, on the south side of Franklin Street, is east of East
A venue in an area featuring an office building, a vacant warehouse, an unpaved City parking lot, and
Police Department headquarters. The area has great redevelopment potential as beach traffic will be
rerouted to Court Street when construction of the new Memorial Causeway bridge is completed.
The downtown area is a mixed-use district with several nightclub and indoor entertainment
establishments. Redevelopment initiatives support increasing entertainment-based establishments to
attract downtown activity. The Downtown Redevelopment Plan identifies a
commercial/office/residential future land use for the subject block. The Plan's Amenity Goal
recommends new entertainment uses. The draft Downtown Clearwater, Our Downtown Plan focuses on
Cleveland Street.
Club More, in operation for more than two years, has an agreement to use the 485-space municipal
parking garage at Pierce Street and 30-space Municipal Services Building parking lot. The lots are
approximately 140 feet from the business. While many patrons use the vacant lot to the north, that site is
not improved and does not provide legal parking. The nightclub operates after 5 :00 p.m. when most
downtown offices are closed and parking is available. The building's maximum capacity is 700
occupants.
This proposal would add an amateur boxing event as additional entertainment. Code classifies boxing
events as indoor entertainment, separate from nightclub uses. The applicant has submitted this Flexible
Development application for an indoor entertainment use. Staff recommends the use be an accessory to
the nightclub, as boxing events will entertain bar patrons and not function independently. Beginning in
February 2001, boxing events were held on this site until the City notified the owner in March 2001 that
a Level Two approval is necessary.
The owners will restrict the event to nonprofessionals. An industry- standard ring, in the center of the
nightclub seating area, will be used only on Monday evenings until 2:00 a.m. Participants will compete
in weight categories and wear protective equipment, including padded headgear and a mouthpiece.
Boxing gloves, twice as large as professional leagues use, have additional padding and will mitigate
injuries. A professional referee will oversee the event, judge if the event is safe to continue, and confirm
compliance with restrictions on participant alcohol consumption prior to the event. Participants and
event staff also are required be fully clothed. Club owners will require participants to sign liability
Waivers.
Staff supports the request pursuant to several safety and legal conditions. The Police Department
recommended that the club employ at least four inside security guards for crowd control. The Fire
Department suggested a stand-by EMS (emergency medical service) be provided for quick response to a
serious injury. Legal and Code Enforcement staff recommend: 1) provide five feet of clear space
between the ring and spectators; 2) prohibit minors from entering the building during boxing events; 3)
limit fighting events to boxing; 4) prohibit kick boxing, "street fighting," and other hand-to-hand combat
or martial arts competition; 5) prohibit alteration of the ring; 6) require proper disposal of biohazard
waste; 7) require proper licensing by the City for all who are affiliated with boxing events; and 8)
boxing events to conclude by 2:00 a.m.
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On April 11, 2001, the DRC reviewed the application and supporting materials. Staff recommends
approval with 13 conditions.
Concern was expressed it would be difficult for the referee to verify that contestants do not drink
alcoholic beverages prior to the event. It was felt language limiting types of participant clothing needs to
be clarified. Ms. Dougall-Sides said staff recommends participants dress in boxing attire, common in the
industry. Development Services Manager Bob Hall said the City is most concerned with health and
safety issues, but also does not want the endeavor to evolve into an adult use. Ms. Dougall- Sides said
the public nudity ordinance would apply. Concern was expressed the City not impose so many
regulations that the business cannot operate. Mr. Givens was not aware any violations had occurred
previously.
Ted Henderson, owner, stated fighters will sign up for bouts by 9:30 p.m. and check with the referee
before entering the ring. He said impaired participants will be prohibited from entering the ring. It was
stated the Fire Department is nearby. In response to a question, Mr. Hendrikson said the matches are for
those with no experience. He said fights are stopped if fighter appear to be experienced. Bouts, be
limited to one night per week, will provide entertainment, not sport. In response to a question, Mr.
Givens said as a principal use, this activity would have added parking requirements.
Member Hooper moved to approve the flexible development request to permit indoor entertainment as
an accessory use to an existing nightclub (Club More) at Magnolia Park, Blk 11, part of Lots 2,3,8 and
9 with conditions: 1) permitted accessory use to be limited exclusively to amateur boxing; 2) other uses,
including but not limited to, kick boxing, " street fighting," and any other hand-to-hand combat or other
martial arts competition, mud wrestling, food fights, etc., to be prohibited; 3) event to be limited to one
night per week and not to be held in conjunction with another entertainment event; 4) boxing event to be
limited to nightclub hours of operation, between 5:00 p.m. and 2:00 a.m.; 5) all boxing participants,
including staff, to be required to wear protective equipment including headgear and a mouthpiece; 6) all
City ordinances, including adult use and public nudity regulations, be met; 7) no persons to be permitted
to compete in boxing event after consuming alcohol within 12 hours before event; 8) ring to be designed
as traditional boxing ring and not to be altered for any other type of event; 9) professional boxers to be
prohibited from competition; 10) a minimum of five feet to be provided between ring and spectators; 11)
biohazard waste to be properly contained on site and disposed of to satisfaction of Solid Waste
Department and Pinellas County Health Department; 12) minors to be prohibited from building during
boxing events; 13) all persons affiliated with amateur boxing event, including promoter, to be properly
licensed by the City prior to the next event; and 14) no additional signage to be permitted on building
exterior other than what is permitted by Code.
Discussion ensued regarding language to ensure participants wear appropriate boxing attire.
The motion was duly seconded. Members Gildersleeve, Mazur, Moran, Hooper, and Chair Figurski
voted "Aye"; Alternate Member Hibbard voted" Nay." Motion carried.
http://199 .227 .233 .29/ISYSquery /IRLB4 78.tmp/4/doc
4/9/2003
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Bar Owners Ordered To Pay SlO.5M
BOCA RATON, FIa CAP) -- A JUry has ordered the
owners ofa defunct mgbt club to pay $10.5 miHion to the
family of a man who was left a quadrtplegic after a bar-
promoted Hgbt.
Club Boca had argued that Carlos E. Silva signed a
waiver before stepping into the boxing ring on Nov, 4,
1997,
Silva's parents said their son was seriousl) injured the
first minut.e into the maich when he hit his head agamst a
wooden stage, but the fight wasn't stopped untll he
became unconscious in tbe third round.
A blood clot in Silva's brain prompted em.erge~)cy surgery
that left him unable to speak, communic.ate or move.
A Palm Beach County jury determined Tuesday that
Silva, 22. should bear 15 percent of the blame for his
inj1Jries and the club should pav $10.5 million.
The parent compally of Club Boca was dissolved and its
fonner owners, Simvn and Barbara Mandell, t1led fOt
bankruptcy a week before the tnal.
Club Boca previously agreed to pay $16,750 to a woman
who was knocked Ilnc,onscious during the same
promotion. The club continued the event until 1998 and
closed a year Ister,
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Page 1 of 16
SO'n'l i4te b ·
,u;ns; ; lne
View Statutes
Select Year: 12000T '
Search Statutes
Constitution
Laws of Florida
Order
The 2000 Florida Statutes
Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND
SOLICITATIONS
Chapter 548
Pugilistic
Exhibitions
View Entire
Chapter
CHAPTER 548
PUGILISTIC EXHIBITIONS
548.001 Short title.
548.002 Definitions.
548.003 Florida State Boxing Commission; organization; meetings; accountability of commission
members; compensation and travel expenses; association membership and participation.
548.004 Executive director; duties, compensation, administrative support.
548.005 Oversight of the commission; long-range policy planning; plans, reports, and
recommendations.
548.006 Power of commission to control pugilistic contests and exhibitions.
548.007 Applicability of act to amateur matches and certain other matches or events.
548.008 Toughman and bad man competition prohibited.
548.011 Power of commission to issue, withhold, suspend, or revoke licenses and permits.
548.012 Promoter's license.
548.013 Foreign copromoter license requirement.
548.014 Promoters and foreign copromoters; bonds or other security.
548.017 Boxers, managers, and other persons required to have licenses.
548.021 Applications for licenses and permits.
548.022 Oral examinations.
548.025 License fees.
fiLE COpy
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548.026 Duration of license.
548.028 Refusal to issue license.
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548.032 Permit for program of matches.
548.033 Local prohibiting ordinance.
548.035 Permit fees.
548.037 Admissions not to exceed seating capacity.
548.041 Age of boxers.
548.042 Participation under fictitious name.
548.043 Weights and classes, limitations; gloves.
548.045 Medical advisory council; qualifications, compensation, powers and duties.
548.046 Physician's attendance at match; examinations; cancellation of match.
548.047 Duty of licensee to disclose condition of participant.
548.049 Medical, surgical, and hospital insurance; life insurance.
548.05 Control of contracts.
548.052 Payment of advances by promoter or foreign copromoter regulated.
548.053 Distribution of purses to participants; statements.
548.054 Withholding of purses; hearing; disposition of withheld purse forfeiture.
548.056 Prohibited financial interests in participant; penalties.
548.057 Attendance of referee and judges at match; scoring; seconds.
548.058 Sham or collusive contest prohibited.
548.06 Payments to state; exemptions.
548.061 Closed circuit television.
548.064 Destruction of ticket or ticket stub.
548.066 Ticket refunds.
548.069 Age of spectators.
548.07 Suspension of license or permit by commissioner; hearing.
548.071 Suspension or revocation of license or permit by commission.
548.073 Commission hearings.
548.074 Subpoenas.
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548.075 Administrative fines.
548.077 Florida State Boxing Commission; collection and disposition of moneys.
548.079 Misdemeanors.
548.001 Short title.--Sections 548.001-548.079 shall be known and may be cited as the "Joe
Lang Kershaw Act."
History.--ss. 2,4, ch. 84-246; s. 4, ch. 91-429.
548.002 Definitions.--As used in this act, the term:
{
(1) "Amateur" means a person who has never received nor competed for any purse or other
article of value, either for the expenses of training or for participating in a match, other than a
prize of $50 in value or less.
(2) "Boxing" means to compete with the fists.
(3) "Commission" means the Florida State Boxing Commission.
(4) "Contest" means a boxing or kickboxing engagement in which the participants strive earnestly
to win.
(5) "Department" means the Department of Business and Professional Regulation.
(6) "Exhibition" means a boxing or kickboxing engagement in which the participants show or
display their skill without necessarily striving to win.
(7) "Foreign copromoter" means a promoter who has no place of business within this state.
(8) "Judge" means a person who has a vote in determining the winner of any contest.
(9) "Kickboxing" means to compete with the fists, feet, legs, or any combination thereof, and
includes "punch kick" and other similar competitions.
(10) "Manager" means any person who, directly or indirectly, controls or administers the boxing
or kickboxing affairs of any participant.
(11) "Match" means any contest or exhibition.
(12) "Matchmaker" means a person who brings together professionals or arranges matches for
professionals.
(13) "Physician" means an individual licensed to practice medicine and surgery in this state.
(14) "Professional" means a person who has received or competed for any purse or other article
of a value greater than $50, either for the expenses of training or for participating in any match.
(15) "Promoter" means any person, and includes any officer, director, employee, or stockholder
of a corporate promoter, who produces, arranges, or stages any match involving a professional.
(16) "Purse" means the financial guarantee or other remuneration for which a professional is
participating in a match and includes the professional's share of any payment received for radio
broadcasting, television, and motion picture rights.
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(17) "Secretary" means the Secretary of Business and Professional Regulation.
History.--ss. 2,4, ch. 84-246; s. 1, ch. 88-365; s. 4, ch. 91-429; s. 112, ch. 99-251.
548.003 Florida State Boxing Commission; organization; meetings; accountability of
commission members; compensation and travel expenses; association membership and
participation.--
(1) The Florida State Boxing Commission is created and is assigned to the Department of
Business and Professional Regulation for administrative and fiscal accountability purposes only.
The Florida State Boxing Commission shall consist of five members appointed by the Governor,
subject to confirmation by the Senate. Upon the expiration of the term of a commissioner, the
Governor shall appoint a successor to serve for a 4-year term. A commissioner whose term has
expired shall continue to serve on the commission until such time as a replacement is appointed.
If a vacancy on the commission occurs prior to the expiration of the term, it shall be filled for the
unexpired portion of the term in the same manner as the original appointment.
(2) The Florida State Boxing Commission, as created by subsection (1), shall administer the
provisions of this chapter. The commission has authority to adopt rules pursuant to ss. 120.536(1)
and 120.54 to implement the provisions of this chapter and to implement each of the duties and
responsibilities conferred upon the commission, including, but not limited to: development of an
ethical code of conduct for commissioners, commission staff, and commission officials; procedures
for hearings and resolution of disputes; qualifications for appointment of referees and judges; and
setting fee and reimbursement schedules for officials appointed by the commission.
(3) The commission shall maintain an office in Tallahassee. At the first meeting of the commission
after June 1 of each year, the commission shall select a chair and a vice chair from among its
membership. Three members shall constitute a quorum and the concurrence of at least three
members is necessary for official commission action.
(4) Three consecutive unexcused absences or absences constituting 50 percent or more of the
commission's meetings within any 12-month period shall cause the commission membership of
the member in question to become void, and the position shall be considered vacant. The
commission shall, by rule, define unexcused absences.
(5) Each commission member shall be accountable to the Governor for the proper performance of
duties as a member of the commission. The Governor shall cause to be investigated any complaint
or unfavorable report received by the Governor or the department concerning an action of the
commission or any member and shall take appropriate action thereon. The Governor may remove
from office any member for malfeasance, unethical conduct, misfeasance, neglect of duty,
incompetence, permanent inability to perform official duties, or pleading guilty or nolo contendere
to or being found guilty of a felony.
(6) Each member of the commission shall be compensated at the rate of $50 for each day she or
he attends a commission meeting and shall be reimbursed for other expenses as provided in s.
112.061.
(7) The commission shall be authorized to join and participate in the activities of the Association
of Boxing Commissions (ABC).
(8) The department shall provide all legal and investigative services necessary to implement this
chapter. The department may adopt rules as provided in ss. 120.536(1) and 120.54 to carry out
its duties under this chapter.
History.--ss. 1, 2, 4, ch. 84-246; s. 1, ch. 85-21; s. 4, ch. 91-429; s. 205, ch. 94-218; s. 762,
ch. 97-103; s. 183, ch. 98-200; s. 113, ch. 99-251.
548.004 Executive director; duties, compensation, administrative support.--
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(1) The department shall employ an executive director with the approval of the commission. The
executive director shall serve at the pleasure of the secretary. The executive director shall keep a
record of all proceedings of the commission; shall preserve all books, papers, and documents
pertaining to the business of the commission; shall prepare any notices and papers required; shall
appoint judges, referees, and other officials as delegated by the commission and pursuant to this
chapter and rules of the commission; and shall perform such other duties as the department or
commission directs. The executive director may issue subpoenas and administer oaths.
(2) The commission shall require electronic recording of all scheduled proceedings of the
commission.
(3) The department shall provide assistance in budget development and budget submission for
state funding requests. The department shall submit an annual balanced legislative budget for the
commission which is based upon anticipated revenue. The department shall provide technical
assistance and administrative support, if requested or determined needed, to the commission and
its executive director on issues relating to personnel, contracting, property management, or other
issues identified as important to performing the duties of this chapter and to protecting the
interests of the state.
History.--ss. 2,4, ch. 84-246; s. 4, ch. 91-429; s. 114, ch. 99-251; s. 53, ch. 2000-154.
548.005 Oversight of the commission; long-range policy planning; plans, reports, and
recommendations.--
(1) The department shall exercise oversight of the activities of the commission to the extent
necessary to facilitate the requirements of this section.
(2) To facilitate efficient and cost-effective regulation, the commission and the department, where
appropriate, shall develop and implement a long-range policy planning and monitoring process to
include recommendations specific to the commission. Included in the plan shall be specific
recommendations regarding performance standards and measurable outcomes for the
commission. Such process shall include estimates of revenues, expenditures, cash balances, and
performance statistics for the commission. The period covered shall not be less than 5 years. The
commission, with assistance from the department, shall develop the long-range plan which must
be approved by the Governor. The department shall monitor compliance with the approved long-
range plan and shall assist the commission in annually updating the plan for approval by the
Governor. The department shall provide concise management reports to the commission and the
Governor quarterly. As part of the review process, the department shall evaluate:
(a) Whether the commission is operating efficiently and effectively and if there is need for
assistance to help the commission in ensuring cost-effective regulation.
(b) How and why pugilistic exhibitions and contests are regulated.
(c) Whether there is a need to continue regulation, and to what degree.
(d) Whether or not licensee and consumer protection is adequate, and how it can be improved.
(e) Whether unlicensed activity is adequately enforced.
Such plans should include conclusions and recommendations on these and other issues as
appropriate. Such plans shall be provided to the Governor and the Legislature by November 1 of
each year.
History.--s. 115, ch. 99-251.
548.006 Power of commission to control pugilistic contests and exhibitions.--The
. . . -." ..
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commission has exclusive jurisdiction over every match held within the state which involves a
professional. Matches shall be held in accordance with this chapter and the rules adopted by the
commission.
History.--ss. 2, 4, ch. 84-246; s. 2, ch. 88-365; s. 4, ch. 91-429; s. 116, ch. 99-251.
*
548.007 Applicability of act to amateur matches and certain other matches or events.--
With the exception of s. 548.008, ss. 548.001-548.079 do not apply to:
(1) Any match in which the participants are amateurs;
(2) Any match conducted or sponsored by a university, college, or secondary school if all the
participants are students regularly enrolled in the institution;
(3) Any match conducted or sponsored by a nationally chartered veterans' organization registered
with the state;
(4) Any match conducted or sponsored by any company or detachment of the Florida National
Guard; or
(5) Any official Olympic event.
History.--ss. 2,4, ch. 84-246; s. 3, ch. 88-365; s. 4, ch. 91-429; s. 117, ch. 99-251.
548.008 Toughman and bad man competition prohibited.--
(1) No professional or amateur toughman or bad man match, as described in this section, may be
held in this state. Such competition includes any contest or exhibition where participants compete
by using a combination of fighting skills. Such skills may include, but are not limited to, boxing,
wrestling, kicking, or martial arts skills. Notwithstanding the above, this section shall not preclude
kickboxing as regulated by this chapter.
(2) Any person participating in or promoting a professional or amateur toughman or bad man
match is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
775.083.
History.--ss. 4, 18, ch. 88-365; s. 135, ch. 91-224; s. 4, ch. 91-429; s. 118, ch. 99-251.
548.011 Power of commission to issue, withhold, suspend, or revoke licenses and
permits.--The commission has exclusive jurisdiction to issue, withhold, suspend, or revoke any
license or permit provided for in this chapter.
History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429.
548.012 Promoter's Iicense.--
(1) A promoter may not, directly or indirectly, promote any match involving a professional, unless
the promoter has been issued a license therefor by the commission.
(2) A violation of this section is a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
History.--ss. 2,4, ch. 84-246; s. 136, ch. 91-224; s 4, ch. 91-429.
548.013 Foreign copromoter license requirement.--
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remuneration from, or render any services in connection with any match involving a professional,
unless the foreign copromoter has been issued a license therefor by the commission. No promoter
may be associated with any foreign copromoter in promoting any match, unless the foreign
copromoter has been issued a license.
(2) A foreign copromoter by accepting a license agrees to be subject to all the provisions of this
chapter.
(3) A violation of this section is a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
History.--ss. 2, 4, ch. 84-246; s. 137, ch. 91-224; s. 4, ch. 91-429.
548.014 Promoters and foreign copromotersi bonds or other security.--
(l)(a) Before any license is issued or renewed to a promoter or foreign copromoter and before
any permit is issued to a promoter or foreign copromoter, she or he must file a surety bond with
the commission in such reasonable amount, but not less than $15,000, as the commission
determines.
(b) All bonds must be upon forms approved and supplied by the commission.
(c) The sufficiency of any surety is subject to approval of the commission.
(d) The surety bond must be conditioned upon the faithful performance by the promoter or
foreign copromoter of her or his obligations under this chapter and upon the fulfillment of her or
his contracts with any other licensees under this chapter. However, the aggregate annual liability
of the surety for all obligations and fees may not exceed the amount of the bond.
(2) In lieu of a surety bond, the promoter or foreign copromoter may deposit with the
commission cash or a certified check, in an equivalent amount and subject to the same conditions
as the bond. Such security may not be returned to the promoter until 1 year after the date on
which it was deposited with the commission unless a surety bond is substituted for it. If no claim
against the deposit is outstanding, it shall be returned to the depositor 1 year after the date it was
deposited.
(3) Recovery may be made against any bond, cash, or other security in the same manner as
penalties are recoverable at law.
History.--ss. 2,4, ch. 84-246; s. 4, ch. 91-429; s. 763, ch. 97-103; s. 119, ch. 99-251.
548.017 Boxers, managers, and other persons required to have licenses.--
(1) A professional participant, manager, trainer, second, timekeeper, referee, judge, announcer,
physician, matchmaker, or booking agent or representative of a booking agent shall be licensed
before directly or indirectly acting in such capacity in connection with any match involving a
professional.
(2) A violation of this section is a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
History.--ss. 2, 4, ch. 84-246; s. 5, ch. 88-365; s. 138, ch. 91-224; s. 4, ch. 91-429.
548.021 Applications for licenses and permits.--An application for a license or a permit
must:
(1) Be in writing on a form supplied by the commission which shall contain the applicant's social
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security number.
(2) Be verified by the applicant.
(3) Be complete and have attached to the application any photographs and other exhibits
required.
(4) Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of
1996, each party is required to provide his or her social security number in accordance with this
section. Disclosure of social security numbers obtained through this requirement shall be limited
to the purpose of administration of the Title IV-D program for child support enforcement.
History.--ss. 2,4, ch. 84-246; s. 4, ch. 91-429; s. 65, ch. 97-170.
548.022 Oral examinations.--The commission may require any applicant or any officer,
director, employee, or stockholder of a corporate applicant, before taking action on her or his
application, to appear before the commission for an oral examination, under oath, as to her or his
qualifications.
History.--ss. 2,4, ch. 84-246; s. 4, ch. 91-429; s. 764, ch. 97-103.
548.025 License fees.--The commission shall set license fees as follows:
(1) Promoter, matchmaker--not to exceed $500.
(2) Any other license--not to exceed $100.
History.--ss. 2,4, ch. 84-246; s. 4, ch. 91-429; s. 120, ch. 99-251.
548.026 Duration of license.--Each license shall expire on December 31 next following the
date on which it was issued.
History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429.
548.028 Refusal to issue license.--The commission shall not issue a license to:
(1) Any person who in any jurisdiction has been convicted of any act which would constitute a
violation of this chapter or which would constitute any of the grounds set forth in this chapter for
suspension or revocation of a license or against whom such charges are pending before any
regulatory body; or
(2) Any person who has been named in an information or indictment for any act which would
constitute a violation of this chapter or a ground for suspension or revocation of a license.
History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429.
548.032 Permit for program of matches.--In addition to a promoter's license, a promoter
must procure a permit for each program of matches before presenting that program. Each
application for a permit shall specify the location and time of the program.
History.--ss. 2,4, ch. 84-246; s. 4, ch. 91-429.
548.033 Local prohibiting ordinance.--A permit may not be issued for a match to be held
within any political subdivision of this state that has adopted a local ordinance or resolution
prohibiting such matches.
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548.035 Permit fees.--The commission shall set permit fees based on seating capacity of the
premises where the program is to be presented as follows:
(1) If the seating capacity is less than 2,000 persons, the fee shall not exceed $50.
(2) If the seating capacity is 2,000 persons or more but does not exceed 5,000 persons, the fee
shall not exceed $100.
(3) If the seating capacity exceeds 5,000 persons, the fee shall not exceed $250.
History.--ss. 2,4, ch. 84-246; s. 4, ch. 91-429.
548.037 Admissions not to exceed seating capacity.--It is a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083, for any promoter to sell or cause to
be sold more tickets of admission for any match than can be accommodated by the seating
capacity of the premises where the match is to be held.
History.--ss. 2,4, ch. 84-246; s. 139, ch. 91-224; s. 4, ch. 91-429.
548.041 Age of boxers.--A person under 18 years of age may not participate in any match.
History.--ss. 2,4, ch. 84-246; s. 4, ch. 91-429; s. 121, ch. 99-251.
548.042 Participation under fictitious name.--A person may not participate under a fictitious
or assumed name in any match unless she or he has registered the name with the commission.
History.--ss. 2,4, ch. 84-246; s. 4, ch. 91-429; s. 765, ch. 97-103; s. 122, ch. 99-251.
548.043 Weights and classes, limitations; gloves.--
(1) The commission shall establish classes of boxers based upon weights.
(2) The commission shall establish by rule the acceptable difference in weight between
participants; however, the maximum difference in weight shall not exceed 12 pounds, except
matches in the cruiserweight and heavyweight classes and exhibitions held solely for training
purposes.
(3) The commission shall establish by rule the appropriate weight of boxing gloves to be used in
each boxing match; however, all participants in boxing matches shall wear boxing gloves weighing
not less than 8 ounces each. Participants shall wear such protective devices as the commission
deems necessary.
History.--ss. 2, 4, ch. 84-246; s. 6, ch. 88-365; s. 4, ch. 91-429; s. 123, ch. 99-251.
548.045 Medical advisory council; qualifications, compensation, powers and duties.--
(1) A medical advisory council, which shall consist of five members appointed by the Governor, is
created. Each member must be licensed to practice medicine in this state, must maintain an
unencumbered license in good standing, and must, at the time of her or his appointment, have
practiced medicine at least 5 years.
(2) The term of each member appointed, except to fill a vacancy, shall be 2 years.
(3) The Governor shall designate one of the members of the council as its chair.
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(4) Each member shall be paid per diem for each day that the member performs her or his duties
under this chapter and shall be reimbursed for her or his expenses as provided in s. 112.061.
(5) The council shall prepare, and submit to the commission, standards for the physical and
mental examination of participants in matches. A standard shall not become effective until
approved by the commission. The council shall recommend physicians who are qualified to make
the examinations of participants in matches required by this chapter and shall perform any other
duties as the commission may direct.
History.--ss. 2,4, ch. 84-246; s. 7, ch. 88-365; s. 4, ch. 91-429; s. 766, ch. 97-103; s. 124, ch.
99-251.
548.046 Physician's attendance at match; examinations; cancellation of match.--
(1) The commission shall assign to each match a physician who shall observe the physical
condition of the participants and advise the commissioner or deputy in charge and the referee of
the participants' conditions before and during the match. The commission shall establish a
schedule of fees for the physician's services. The physician's fee shall be paid by the promoter of
the match attended by the physician.
(2) In addition to any other required examination, each participant shall be examined by the
attending physician at the time of weigh-in. If the physician determines that a participant is
physically or mentally unfit to proceed, the physician shall notify any commissioner or the
commission representative who shall immediately cancel the match. The examination shall
conform to rules adopted by the commission based on the advice of the medical advisory council.
The result of the examination shall be reported in a writing signed by the physician and filed with
the commission prior to completion of the weigh-in.
History.--ss. 2, 4, ch. 84-246; s. 98, ch. 85-81; s. 8, ch. 88-365; s. 4, ch. 91-429; s. 767, ch.
97-103; s. 125, ch. 99-251.
548.047 Duty of licensee to disclose condition of participant.--A licensee shall disclose all
information in her or his possession concerning any mental or physical disability, injury, illness, or
incapacity of a participant in a match, immediately after learning thereof, to the commission, the
deputy in charge, the attending physician, or the referee.
History.--ss. 2,4, ch. 84-246; s. 9, ch. 88-365; s. 4, ch. 91-429; s. 768, ch. 97-103.
548.049 Medical, surgical, and hospital insurance; life insurance.--
(1) The commission shall, by rule, require participants to be covered by not less than $2,500 of
insurance for medical, surgical, and hospital care required as a result of injuries sustained while
engaged in matches. The insured shall be the beneficiary of such policies.
(2) The commission may also require participants to be covered by not less than $5,000 of life
insurance covering deaths caused by injuries received while engaged in matches.
History.--ss. 2,4, ch. 84-246; s. 99, ch. 85-81; s. 10, ch. 88-365; s. 4, ch. 91-429.
548.05 Control of contrads.--
(1) The commission shall adopt rules governing the form and content of contracts between
promoters, foreign copromoters, and professionals. All such contracts shall be in writing.
(2) Each contract between a manager and a professional shall contain provisions governing its
duration, division of the professional's purses, and any minimum sum guaranteed annually to the
professional by the manager. Each contract shall provide that it is automatically terminated if the
license of either Dartv is revoked bv the commission or if the manaaer fails to renew her or his
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-. - -- -';;.J - -. -- - - - - --
li~~~~~ ~ithi-~ 30'- d~y~ ~ft~r it~ -~xpir~ti~n-date. -If the -license of either party is suspended, the
contract is not binding upon the other party during the period of suspension.
(3) The commission may require that each contract contain language authorizing the Florida State
Boxing Commission to withhold any or all of any manager's share of a purse in the event of a
contractual dispute as to entitlement to any portion of a purse. The commission may establish
rules governing the manner of resolution of such dispute. In addition, if the commission deems it
appropriate, the commission is hereby authorized to implead interested parties over any disputed
funds into the appropriate circuit court for resolution of the dispute prior to release of all or any
part of the funds.
(4) Each contract subject to this section shall contain the following clause: "This agreement is
subject to the provisions of chapter 548, Florida Statutes, and to the rules of the Florida State
Boxing Commission and to any future amendments of either."
History.--ss. 2,4, ch. 84-246; s. 11, ch. 88-365; s. 4, ch. 91-429; s. 769, ch. 97-103; s. 126, ch.
99-251.
548.052 Payment of advances by promoter or foreign copromoter regulated.--A promoter
or foreign copromoter may not pay, lend, or give a contestant an advance against her or his purse
before a contest, except with the prior written permission of a commissioner; and, if permitted,
such advance may be made only for expenses for transportation and maintenance in preparation
for a contest.
History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429; s. 770, ch. 97-103.
548.053 Distribution of purses to participants; statements.--
(1) Unless otherwise directed by a representative of the commission, all purses shall be
distributed by the promoter no later than 24 hours after the match. A written statement showing
the distribution of the purse, including each item of receipt and each expenditure or deduction,
shall be furnished to the participant and her or his manager, together with the participant's share
of the purse. The promoter shall retain a copy of the statement, certified by her or him to be
correct, with receipted vouchers for all expenditures and deductions, for a period to be designated
by the commission, which copy shall be provided to the commission upon demand.
(2) Unless otherwise directed by a representative of the commission, a manager shall furnish to
the participant she or he manages a statement of distribution, together with the participant's
share of the purse, no later than 24 hours after the manager receives the purse and statement
from the promoter. The manager shall retain a copy of the statement, certified by her or him to be
correct, with receipted vouchers for all expenditures and deductions, for a period to be designated
by the commission, which copy shall be provided to the commission upon demand.
History.--ss. 2,4, ch. 84-246; s. 12, ch. 88-365; s. 4, ch. 91-429; s. 771, ch. 97-103; s. 127, ch.
99-251.
548.054 Withholding of purses; hearing; disposition of withheld purse forfeiture.--
(1) A member of the commission, the commission representative, or the referee may order a
promoter to surrender to the commission any purse or other funds payable to a participant, or to
withhold the share of any manager, if it appears that:
(a) The participant is not competing honestly, or is intentionally not competing to the best of her
or his ability and skill, in a match represented to be a contest; or
(b) The participant, her or his manager, or any of the participant's seconds has violated this
chapter.
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(2) Any purse so withheld shall be delivered by the promoter to the commission upon demand.
Within 10 days after the match, the person from whom the sum was withheld may apply in writing
to the commission for a hearing. Upon receipt of the application, the commission shall fix a date
for a hearing. Within 10 days after the hearing or after 10 days following the match, if no
application for a hearing is filed, the commission shall meet and determine the disposition to be
made of the withheld purse. If the commission finds the charges sufficient, it may declare all or
any part of the funds forfeited. If the commission finds the charges not sufficient upon which to
base a withholding order, it shall immediately distribute the withheld funds to the persons entitled
thereto.
(3) If a contestant's purse is forfeited, the commission may include any payments or advances as
part of the forfeiture, and if the contestant does not forward such amount to the commission, such
payments and advances may be recovered in the same manner as a debt due the state.
History.--ss. 2,4, ch. 84-246; s. 13, ch. 88-365; s. 4, ch. 91-429; s. 772, ch. 97-103; s. 128, ch.
99-251.
548.056 Prohibited financial interests in participant; penalties.--
(1) A member of the commission; an employee of the commission; a referee, judge, or promoter
licensed by the commission; or an attending physician may not have any direct or indirect
financial or pecuniary interest in any participant.
(2)(a) A manager, trainer, or second of any participant shall not have any direct or indirect
financial or pecuniary interest in the opponent in any contest in which her or his own participant
pa rti ci pates.
(b) A participant shall not have any direct or indirect financial or pecuniary interest in her or his
opponent in any contest.
(3) A violation of this section is a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
History.--ss. 2,4, ch. 84-246; s. 14, ch. 88-365; s. 4, ch. 91-429; s. 773, ch. 97-103.
548.057 Attendance of referee and judges at match; scoring; seconds.--
(1) At each boxing match involving a professional, except at an exhibition held solely for training
purposes, at the expense of the promoter, a referee designated by the commission shall direct
and control the match.
(2) At each boxing contest, at the expense of the promoters, three judges appointed by the
executive director as delegated by the commission shall attend and shall render their individual
decisions in writing on scorecards supplied by the commission. Each judge shall have one vote,
and a majority of the votes cast shall determine the winner.
(3) The commission shall ensure that all referees, judges, and other officials are Florida-licensed
officials qualified pursuant to rules of the commission and that no sanctioning organization or
promoter has been permitted to influence the appointment of any officials, and shall prescribe the
methods of scoring.
(4) Before the start of any boxing match, the referee shall obtain the name of each boxer's chief
second. The chief second shall be responsible for the conduct of her or his assistants during the
match.
(5) For matches other than boxing, the commission shall establish such standards and
requirements for referees as are deemed necessary.
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History.--ss. 2, 4, ch. 84-246; s. 2, ch. 85-21; s. 15, ch. 88-365; s. 4, ch. 91-429; s. 774, ch.
97-103; s. 129, ch. 99-251.
548.058 Sham or collusive contest prohibited.--
(1) No person shall knowingly conduct, participate in, or be connected with a match which is
represented to be a contest if one or both of the participants does not use her or his best efforts
and skill or does not strive earnestly to win; if the result thereof has been prearranged; or if either
participant does not use, or is prevented from using, her or his best efforts and skill as a result of
coercion, bribery, duress, threats, reward or promise thereof, physical incapacity or disability,
suggestion or agreement, or any other improper or unlawful means.
(2) If a licensee has knowledge of an act prohibited by subsection (1), the licensee shall
immediately report such knowledge to the commission. The report shall be in writing or, if oral,
shall be immediately reduced to writing and shall contain all of licensee's reasons for the
conclusions set forth in her or his report.
(3) A violation of this section is a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
History.--ss. 2,4, ch. 84-246; s. 140, ch. 91-224; s. 4, ch. 91-429; s. 775, ch. 97-103.
548.06 Payments to state; exemptions.--
(1) A promoter holding a match shall, within 72 hours after the match, file with the commission a
written report which includes the number of tickets sold, the amount of gross receipts, and any
other facts the commission may require. For the purposes of this chapter, total gross receipts
include:
(a) The gross price charged for the sale or lease of broadcasting, television, and motion picture
rights without any deductions for commissions, brokerage fees, distribution fees, advertising, or
other expenses or charges;
(b) The portion of the receipts from the sale of souvenirs, programs, and other concessions
received by the promoter; and
(c) The face value of all tickets sold and complimentary tickets issued.
(2) The written report shall be accompanied by a tax payment in the amount of 5 percent of the
total gross receipts exclusive of any federal taxes, except that the tax payment derived from the
gross price charged for the sale or lease of broadcasting, television, and motion picture rights shall
not exceed $40,000 for any single event.
(3)(a) Any promoter who willfully makes a false and fraudulent report under this section is guilty
of perjury and, upon conviction, is subject to punishment as provided by law. Such penalty shall
be in addition to any other penalties imposed by this chapter.
(b) Any promoter who willfully fails, neglects, or refuses to make a report or to pay the taxes as
prescribed or who refuses to allow the commission to examine the books, papers, and records of
any promotion is guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
History.--ss. 2,4, ch. 84-246; s. 3, ch. 85-21; s. 141, ch. 91-224; s. 4, ch. 91-429.
548.061 Closed circuit television.--Each person or club that holds or shows any boxing or
sparring matches on a closed circuit telecast viewed within this state, whether originating within
this state or another state, shall file a written report, under oath, which states the exact number
of tickets sold for the showing, the amount of gross receipts, and any other information the
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commission requires and shall, within 72 hours after the telecast, pay a tax of 5 percent of its
total gross receipts from the sale of tickets.
History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429.
548.064 Destruction of ticket or ticket stub.--It is a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083, for any promoter or person associated with or
employed by any promoter to destroy any ticket to a match or any ticket stub, whether sold or
unsold, within 6 months after the date of the match, except upon prior written authorization of the
commission.
History.--ss. 2,4, ch. 84-246; s. 142, ch. 91-224; s. 4, ch. 91-429.
548.066 Ticket refunds.--
(1) Upon the postponement, substitution of either participant, or cancellation of the main event
or the entire program of matches, the promoter shall refund the full purchase price of a ticket to
each person presenting a ticket for a refund within 30 days after the scheduled date of the event.
Within 10 days after the expiration of the 30-day period, the promoter shall pay all unclaimed
ticket receipts to the commission. The commission shall hold the funds for 1 year and make
refunds during such time to any person presenting a ticket for a refund. Thereafter, the
commission shall pay all remaining moneys from the ticket sale to the State Treasurer for deposit
into the General Revenue Fund.
(2) For failure to comply with this section, the commission may declare a promoter's or foreign
copromoter's bond or other security forfeited, suspend or revoke the license of a promoter or
foreign copromoter, and impose any other penalty provided.
History.--ss. 2,4, ch. 84-246; s. 4, ch. 91-429.
548.069 Age of spectators.--A person under 16 years of age may not attend a match unless
such person is accompanied by an adult or unless the exhibition is of amateur status.
History.--ss. 2,4, ch. 84-246; s. 4, ch. 91-429.
548.07 Suspension of license or permit by commissioner; hearing.--Notwithstanding any
provision of chapter 120, any member of the commission may, upon her or his own motion or
upon the verified written complaint of any person charging a licensee or permittee with violating
this chapter, suspend any license or permit until final determination by the commission if such
action is necessary to protect the public welfare and the best interests of the sport. The
commission shall hold a hearing within 10 days after the date on which the license or permit is
suspended.
History.--ss. 2,4, ch. 84-246; s. 16, ch. 88-365; s. 4, ch. 91-429; s. 776, ch. 97-103.
548.071 Suspension or revocation of license or permit by commission.--The commission
may suspend or revoke a license or permit if the commission finds that the licensee or permittee:
(1) Is guilty of violating this chapter or the rules of the commission.
(2) Has committed fraud or deceit in securing any license or permit.
(3) Has been convicted of, has pleaded guilty to, has entered a plea of nolo contendere to, or has
been found guilty of a crime involving moral turpitude in any jurisdiction within 10 years preceding
the suspension or revocation.
(4) Is guilty of unprofessional or unethical conduct.
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(5) Has made a misstatement of a material fact, fraudulently concealed a ma~erial fact, ~r .
induced or aided another person in misstating or concealing any material fact In any application or
other proceeding under this chapter.
(6) Has failed to account for or pay over moneys belonging to others which have come into her or
his possession in connection with a match.
(7) Has failed to furnish to the proper party a copy of any contract or statement required by this
chapter or has breached such a contract.
(8) Has paid or agreed to pay any money or article of value to any licensee or permittee for
soliciting or for business secured or for rendering any service or the doing of any of the acts
forbidden by this chapter and the rules adopted hereunder.
(9) Has loaned her or his license or permit to another person or has borrowed or used the license
or permit of another.
(10) Has employed a person who does not hold a license or permit as required by law.
(11) Has failed to maintain in force the bond required by this chapter or has failed to deposit with
the commission the required cash, check, or securities.
(12) Has been disciplined by the Florida State Boxing Commission or similar agency or body of
any jurisdiction.
(13) Has failed to pay a fine imposed under this chapter.
History.--ss. 2,4, ch. 84-246; s. 4, ch. 91-429; s. 777, ch. 97-103; s. 130, ch. 99-251.
548.073 Commission hearings.--Notwithstanding the provisions of chapter 120, any member
of the commission may conduct a hearing. Before any adjudication is rendered, a majority of the
members of the commission shall examine the record and approve the adjudication and order.
History.--ss. 2,4, ch. 84-246; s. 4, ch. 91-429.
548.074 Subpoenas.--In addition to the powers of subpoena in chapter 120, each member of
the commission may issue subpoenas requiring the attendance and testimony of, or the
production of books and papers by, any person whom the commission believes to have
information or documents of importance to any commission investigation.
History.--ss. 2,4, ch. 84-246; s. 4, ch. 91-429.
548.075 Administrative fines.--The commission may impose a fine of not more than $5,000
for any violation of this chapter in lieu of or in addition to any other punishment provided for such
violation.
History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429.
548.077 Florida State Boxing Commission; collection and disposition of moneys.--AII
fees, fines, forfeitures, and other moneys collected under the provisions of this chapter shall be
paid by the commission to the State Treasurer who, after the expenses of the commission are
paid, shall deposit them in the Professional Regulation Trust Fund to be used for the
administration and operation of the commission and to enforce the laws and rules under its
jurisdiction. In the event the unexpended balance of such moneys collected under the provisions
of this chapter exceeds $250,000, any excess of that amount shall be deposited in the General
Revenue Fund.
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History.--ss. 2,4, ch. 84-246; s. 1, ch. 88-132; s. 4, ch. 91-429; s. 43, ch. 96-418; s. 131, ch.
99-251.
548.079 Misdemeanors.--Unless otherwise specified, any person convicted of any offense set
forth in this chapter is guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
History.--ss. 2,4, ch. 84-246; s. 143, ch. 91-224; s. 4, ch. 91-429.
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