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09/30/1996 CITY COMMISSION SPECIAL MEETING APPEAL RE: PLANNING & ZONING BOARD DENIAL OF CONDITIONAL USE REQUEST CITY OF CLEARWATER September 30, 1996 Present: Rita Garvey Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Karen Seel Commissioner Elizabeth M. Deptula City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The meeting was called to order at 9:00 a.m. at City Hall. ITEM #1 - B.J.E., Inc./Pelican Two, Inc./Jamminz' of Clearwater Beach, Inc. to permit nightclubs, taverns, and bars (change of business ownership) at 470 Mandalay Ave. Clearwater Beach Park 1st Addition Replat, Blk. A, Lots 2-8, Clearwater Beach Park 1st Addition, Blk. B, Lots 32-43 & vac alley, and Clearwater Beach Park, Lots 43-48, 65-71, and part of Lot 64, zoned CB (Beach Commercial) and CR 28 (Resort commercial). CU 96-29 The City Manager indicated the procedure for today's quasi-judicial hearing will be the same one used by Hearing Officers. Standards were distributed. Each side has one hour. Jim Staack, attorney representing the applicant, said he wished to appeal the Planning & Zoning Board's August 20, 1996, denial of a Conditional Use request to transfer business ownership. He said the City had issued no warnings to the previous business owner indicating the existing occupational license was in jeopardy. He said the Planning & Zoning Board's position did not follow guidelines and standards. Prior to the denial, Florida had approved transfer the State liquor license transfer to owners, Angelo and Antoinetta Rossi. The Rossis had proposed no changes to the business or structure. The public did not protest the application and staff had recommended approval subject to conditions. He noted board concern regarding incidents of public nudity that had occurred during previous wet T-shirt contests sponsored by a radio personality. He said the disc jockey's contract was not renewed and wet T-shirt contests will not be held in the future. He said the two citations issued to Jamminz' employees and managers related to wet T-shirt contests. He reiterated board concern was focused on incidents of public nudity. He submitted a proposed stipulated findings of fact (Exhibit One) and agreement to special conditions: a) the applicant shall obtain the requisite building permit, certificate of occupancy and occupational license within 6 months: b) all sight lighting shall be equipped with a 90 degree cutoff mechanism, with the light being directed downward and away from adjoining residential properties and streets rights-of-way prior to issuance of the occupational license; c) the sale of alcoholic beverages shall be limited to consumption on premises with no package sales; d) there shall be no outdoor entertainment; e) the applicant shall obtain all necessary owner's approvals to transfer the occupational and State alcoholic beverage licenses within 60 days; and f) the applicant shall neither promote nor permit on the premises any live entertainment, competitions, contests, nor any other activities that violate the public nudity ordinances (Section 21.13, Code of Clearwater). In particular, the applicant shall neither promote nor permit "wet T-shirt contests" on the premises. He felt this resolution is reasonable and requested the City Commission consider the proposal and overturn the Planning & Zoning Board decision. Central Permitting Director Scott Shuford reviewed the Planning & Zoning Board's decision. He stated the board was concerned mainly with the business' management and the code requirement that the use be compatible with surrounding uses. In response to a question, Mr. Staack said condition (e) refers to a City requirement. He said the applicant has subleased the property and the landlord is authorized to sign the City application. He said a dispute exists between the owner, Pelican Two, and landlord, B.J.E., Inc. and requested 60 days to obtain approvals necessary to transfer the licenses. Mr. Staack said the Planning & Zoning Board decision did not reflect the requirement to consider Code section 41.033 and 41.052 when acting on an application. He said the club is not new and felt the business is compatible with the surrounding natural environment. He said the Planning & Zoning Board did not articulate their basis for denial. He agreed pubic nudity is not a compatible use and noted the applicant is not applying for a license to run a nude establishment. The applicant has agreed to expunge this activity from future operations. He reiterated no one from the public attended the hearings to object to the ongoing operation and the City had made no attempts to revoke the club's occupational license. Howard Bennett said he is a private investigator with 17 years experience as a police officer hired by the applicant to investigate police reports related to Jamminz'. He pulled all the reports at the Police Department between January 1993 and September 27, 1996. He said it was not unusual for a nightclub to generate 91 police calls for fights/ disorderly/battery in almost 3 years. He said the number of calls does not relate to the number of incidents but to the number of completed police reports. Several officers may respond to the same incident and complete reports. He estimated 19 or 20 fights actually had occurred. He said many of the fights had occurred outside. He said the participants were not necessarily Jamminz' customers. He said the 20 traffic stops occurred in the general area or were related to stopped drivers indicating they had last visited Jamminz'. Mr. Bennett said he had compared the police calls for the nearby Beach Bar and reported the Beach Bar had received more than Jamminz'. He said management had made 47 trespassing calls requesting the Police escort individuals off the premises. He stated none of the reports involves the Rossis. All public nudity police calls involved radio personality, Todd Clem AKA Bubba the Love Sponge. In response to a question, Mr. Bennett said some calls referred to City ordinance violations, such as possession of an open container of alcohol outside the premises. He said the 3 warrant arrests occurred when Police Officers ran the names of customers through their computers and discover outstanding warrants. He assumed the 3 drug violations were related to Jamminz' calls to the Police Department with trespassing complaints. Concern was expressed regarding police calls after the Rossis took over operations of the club. Mr. Bennett said the Rossis were not present. Mr. Staack indicated all the wet T-shirt contests occurred during appearances by a radio personality. No minors were involved in alcohol violations. Cheryl Presti, Jamminz' Manager, distributed packets. Ms. Presti reviewed police reports submitted after April 15, 1996, the date the Rossis took over the business. She said many reports were not related to Jamminz' operation. She said the business has hired security people. She said the business has strict rules for staff. She indicated she could not change what had occurred previously. In response to a question, Ms. Presti said she has been the manager since August 29, 1996. The Rossis had hired her as a consultant on July 22, 1996, as an associate of Control Management System Corporation. She is responsible for all training. A Tampa company is providing training to certify all staff as responsible vendors. In response to a question, Ms. Presti said the Rossis own three restaurants in Pasco County but have no experience with nightclubs. They plan to convert the current sports bar into an Italian restaurant. The dance club will remain totally separate. The patio will close. She said no one under 18 years old will be allowed on the dance club side. She said security is adequate. She noted management is cleaning up the property. Changes to the music format resulted in a substantial decrease in business. All former employees were fired except for the stocker. Ms. Presti reviewed her mission statement. She stated she is responsible for the operation, indicating Mr. Rossi had agreed to allow her to "call all the shots." The club's current hours of operation are from 6:00 p.m. to 2:00 a.m., Monday through Saturday. Marvin Winn said he has been familiar with the Rossis since 1979. He said the Rossis opened a restaurant in Holiday after selling their first Angelos restaurant on Gulf-to-Bay Boulevard. Mr. Rossi and his brother later opened two more locations. He said Mr. Rossi is a conscientious person who works hard to avoid violations and has had no problems with the law at his other business operations. Mr. Staack said the Rossis are changing the direction of management at Jamminz'. He said during the transition period the business had inherited the previous business' management and a contract with a controversial radio personality. He noted the proposed condition stipulates no contests encouraging nudity will be held. Mr. Shuford said the Planning & Zoning Board's denial of the Conditional Use request was based on the club's entertainment aspect. The board was not aware of Ms. Presti's management changes. One incident of public nudity had occurred since the Rossis took over ownership. Mr. Shuford recommended an additional condition (g) which he had discussed with the Police Legal Advisor: within 90 days, the applicant shall implement and thereafter continuously maintain the operation of the facility as a restaurant and dance club with the separated restaurant and dance club each taking up 50% of the structure's space. Concern was expressed the business could phase out the restaurant in the future and convert the entire building to a dance club. It was suggested stipulating the dance club not encompass more than 50% of the building. Mr. Staack was hesitant to agree to a percentage of square footage for either operation. He felt it was premature to reach agreement regarding the restaurant. He requested an additional condition not be imposed. In response to a suggestion, Mr. Staack said he could agree to operate consistently with Ms. Presti's comments. In response to a question, Ms. Presti estimated a 100 seat restaurant would encompass 30% of the facility. In answer to a question, she said she had fired the radio personality. She said the Rossis had no experience operating a night club business and had retained the previous management. Ms. Presti said she had been hired as a consultant when the Rossis became dissatisfied with the way the business was being run. Concern was expressed the Rossis should have changed the type of operation more promptly. It was noted Clearwater beach is family oriented and it was suggested night clubs attract gangs. It was suggested conditions should protect the City. It was suggested approval be subject to review in 6 months or a year. Ms. Akin said conditions #f and #g will be conditions of the alcoholic beverage license. A violation of that license would require a hearing before the City Commission. It was suggested the conditions specify that underage patrons will not be served alcoholic beverages. Ms. Presti indicated Jamminz' is a Responsible Vendor. Mr. Staack summarized his presentation indicating no wet T-shirt contests will take place, the direction of management has changed, the owner intends to develop a restaurant site, and he agreed to the recommended conditions. It was felt it would have been appropriate for the City to address public nudity concerns before the change of ownership was denied. The City Attorney said one condition requires the property owner's consent. Commissioner Johnson moved to overturn the Planning & Zoning Board's August 20, 1996, denial of a Conditional Use request and approve the Conditional Use request by B.J.E., Inc./Pelican Two, Inc./Jamminz' of Clearwater Beach, Inc. to permit nightclubs, taverns, and bars (change of business ownership) at 470 Mandalay Ave. with conditions: a) the applicant shall obtain the requisite building permit, certificate of occupancy and occupational license within 6 months: b) all sight lighting shall be equipped with a 90 degree cutoff mechanism, with the light being directed downward and away from adjoining residential properties and streets rights-of-way prior to issuance of the occupational license; c) the sale of alcoholic beverages shall be limited to consumption on premises with no package sales; d) there shall be no outdoor entertainment; e) the applicant shall obtain all necessary owner's approvals to transfer the occupational and State alcoholic beverage licenses within 60 days; f) the applicant shall neither promote nor permit on the premises any live entertainment, competitions, contests, or any other activities that violate the public nudity ordinances (Section 21.13, Code of Clearwater); and g) Within 90 days, the applicant shall implement and thereafter continuously maintain the operation of the facility as a restaurant and dance club in a manner in keeping with the style of operation described in the testimony of Cheryl Presti at the September 30, 1996, appeal hearing. The motion was duly seconded and carried unanimously. The order implementing the Commission's action will be put in proper form and placed on the October 3, 1996, City Commission meeting for approval. ITEM #2 - Adjournment The meeting adjourned at 10:38 a.m.