JAMMINZ OF CLEARWATER BEACH INC
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JAMMINZ' OF CLEARWATER BEACH, INC.,
a Florida Corporation,
Appellant,
vs.
Case No. CU 96-29
CITY OF CLEARWATER PLANNING AND
ZONING BOARD,
Respondent.
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ORDER OF THE CITY COMMISSION
THIS CAUSE came on to be heard on September 30, 1996, on Appellant's
appeal of the City of Clearwater Planning and Zoning Board's August 20, 1996,
decision denying Appellant's request for conditional use for the sale of alcoholic
beverages on change of business ownership.
The City Commission hereby overturns the decision of the Clearwater Planning
and Zoning Board and approves the conditional use for the sale of alcoholic beverages
on change of business ownership, based upon the following:
Findings of Fact
1. Jamminz' of Clearwater Beach, Inc. ("Appellant") is owned and
operated by Angelo and Antoinetta Rossi, and has heretofore applied for a conditional
use permit relating to the transfer of business ownership of the Jamminz' nightclub
located at 470 Mandalay Avenue on Clearwater Beach. Appellant previously received
the necessary approval from the State of Florida for the transfer of the State liquor
license.
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2. Appellant has operated the Jamminz' nightclub on behalf of the previous
owner and on their own behalf since mid-Apri11996, and ftrst appeared before the City
of Clearwater Planning and Zoning Board at a public hearing on its conditional use
application on July 16, 1996, at which hearing the application was continued.
3. At a public hearing on August 20, 1996, the City of Clearwater Planning
and Zoning Board denied the application in large part based on the evidence presented
at the hearing by Sergeant Harris of the Clearwater Police Department that there had
been violations of the City's public nudity laws both during the previous owner's
management and since the Appellant took control. In addition to his personal
testimony and opinions, Sergeant Harris provided the Board with a list of public nudity
violations that occurred on the premises which was prepared by the Clearwater Police
Department. The list of violations presented to the Board is attached hereto as Exhibit
"A." The Board found that the proposed transfer could result in continuous violations
of ordinances governing public nudity which could further result in an incompatibility
between land uses due to the negative effects of public nudity.
4. No one appeared at either of the public hearings before the City of
Clearwater Planning and Zoning Board to oppose the subject application.
5. All of the violations occurred during "wet T-shirt contests" promoted by
a disc jockey, Todd Clem, a.k.a. "Bubba the Love Sponge." The contract with Mr.
Clem has been canceled. Only one of the violations set out in the list provided to the
Board allegedly occurred since the Appellant took control of the business. The
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violation consisted of an observation by an off-duty officer and no citations were
issued.
6. At the hearing before the City Commission, the Appellant agreed to all
conditions recommended by staff.
Conclusion
The City Commission hereby overturns the decision of the Clearwater Planning
and Zoning Board and, pursuant to Section 36.065(6), approves the conditional use for
the sale of alcoholic beverages on change of business ownership, and as conditions of
said approval, imposes the following conditions agreed upon by the Appellant at the
City Commission meeting on September 30, 1996:
a. The Appellant shall obtain the requisite building permit, certificate of
occupancy and occupational license within (six) 6 months.
b. All site 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 will be no outdoor entertainment.
e. The Appellant shall obtain all necessary owner's approvals to transfer
the occupational and state alcoholic beverage license within sixty (60) days.
f. The Appellant shall neither promote nor permit on the premises any live
entertainment, competitions, contest, or any other activities that violate the public
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nudity ordinance (Section 21.13, Code of Clearwater). In particular, the Appellant
shall neither promote nor permit "wet T-shirt contests" on the premises.
g. Within ninety (90) days, the Appellant 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.
ORDERED this 3r<9...
Rita Garvey
Mayor-Commissioner
Attest:
s: \jskinner\jamminz.ord
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CONDITIONAL USE REPORT
3AMMINZ DANCE SltACX
470 Nandalay Ave
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POL1CB CALLS FROM JANUARY, 1993 TO June 6, 199'
Fights/disorderly/battery
Drunk peraons
Treopa.51n9
Assist citizens
~wd , Lascivious
Il16gal parking
Sex Assault.
Traffic Stop.
Building Checks
Credit Card Frauds
suspicious Person Call.
Ordinanc. violations
Accid&nts
stolen Cars
Thefts
Drug Violation
Boab Threat;
BusIness Burglary
Alcohol violations
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8
16
34
1
4
5
43
36
15
18
8
"
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2
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3
6
Injured Persons
Drunk Drivers
Noise Complalnts
Call. lor Officer
Reokles. Drivu
Hit' Runa
Auto Burglar i..
Ala~ Calls
Direct Patrols
Property Case.
Assaults
Special Detaila
Juvenile Problems
cri.inal Hiachiefs
Doaastlo probleas
weapon Violations
Warrant Arreat.
su.piciou. Vehicl..
_~__~_____________*__W_M_________________________.._M---------.------
IN ADDITION TO THE CALLS KENTIONED ABOVE, OFFICERS OBSERVED TilE
FOLLOWING VIOLATXONS AT THIS BUSINESS.
~ril 21, 191t A Wet T-Shirt contest wag held at Jamminz and during
the event, officers observed three volien expoS. their breasts. The
women were arrested and charged with violating city Ordinance 6.43
dealing with prohibited acts in .stablishments.serving alcoholic
beverages. See reports 94-V2-041, 94-V2-042 , 94-V2-04J.
~Ov.mb.r 11. lt95 A Wet T-Shirt contest held at Jamminz, was hosted .
by radio celebrity Todd Clem aka Bubba The Love Sponqe. During the
contest tvo vo.en egposed their breast. and pubic area, after Todd
Cle. encouraged them to do so. One vo.an va. arrested and char9ad
with violatin9 city ordinance 6.43 dealinq with prohlblte4 acto in
.stablishments servinq alcoholic beverages. The other woman
disappeared into the orowd and was not charg.d. Jamalna Manager
Anthony Gaudiosi and Todd clem were warned about future violations.
Se. report 'S-V2-295.
EXHIBIT A
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Maroh 7. 19t' A wJ 't-Shlrt contesl held at J"min& was hosted by
Todd Cie. aka BUbba The Lo\ <t Spongo. Our In9 tl, contest .everal
women exposed their breasts with Clem shoutin9 encouragement. While
one oont..tant danced with breasts exposed Clem asked her to expose
her pubic are. to the crowd and she complied. In this 0&88 one woman
was arrested and charged with violating city Ordlnanoe 6.~J deallnq
with prohibited aots in astebl1shmQnt. servln9 alcoholic b.vera9~S.
Char9.. against Todd Clem and Jamnina Manager AnthonI Gaudi~.i were
referred to the state Attorney tor possible prosecut on. See report
96-V2-043.
~oh 20. 1'" A W.t T-Shirt conteat held at ~ .~lnz was hostOL by
Todd Clem aka Bubba The Love sponge. Prior to the contelt Olea
announoed that be and the mana~.ment did not approve of contestants
exposing them.elv.. and those who did, would be disqualified.
Several women ent.red the oontest and the .~_~nd woman to be judged
exp~sed her breasts, and was disqualified. lam' \tely aftQrwards
the ....oman dieappeared into tbe crowd and officer~ could not locate
h.r. .See report supplement ~o bus~ness file #746.
March a7. ltll A Wet T-Shirt contest held at J~.~inz was hosted by
Todd Clea aka Bubba The Love sponge. Five woman competed 1n the
contest with cut off t-shirts and the winning contestant exposed one
of her breasts. The police report indicates the winnin~ contestant's
T-shirt slipped up over her right breast during her dance, and the
reporting office~ perceived it to be accidental. The offioer did not
hear Todd Cle. ~ncourage any contestant to expose berself and no
charges were made. Se. supple.ant to business file 1746.
bri1 l~, 19~' A hut T-Shirt coutest held at JaIIlJIlinl was hosted by
Todd Cle. aka Bubba The Love Sponge. Thr.e wom.n competed in the
contest and at the encouragement of Clem, two of the oont~'tants
exposed their breasts. The two women were arrested and c.._~ged with
violating city Ordinance 6.43 dealin~ with prohibited acts in
..tabli.baents 8ervin~ alooholio beverag... Man&9-r Anthony
Gaudio.! was also arrested and ohar9Qd with violating city ordinanoe
6.43. SQ. report 96-V2-062.
KaJ 21. l'li A Wet T-Shirt contest held at Jamminz was hosted by
Todd Clem aka Bubba The Lov. Sponge. six wvaen competed in the
contest and at the encouragement of Clem, five of the contestants
either exposed their breast., or pUbio area. The violations were
observed by ~n off duty police officer and no oitations were issued.
s...~ leD~ C to bU91ness fIle Ii 6.
ACCORDI"G TO TBB CXTY CODS O~ ORDIN~CB8 8SCTXOH 1.43(2), TUB OWNERS,
MAKAGiR8 AND OPIRlTOR8 ARB RESPON8IBLB FOR TUB ACTIVITIE8 TAKING
PLlCI A~ TaBla BUSINESS.