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JAMMINZ OF CLEARWATER BEACH INC I I JAMMINZ' OF CLEARWATER BEACH, INC., a Florida Corporation, Appellant, vs. Case No. CU 96-29 CITY OF CLEARWATER PLANNING AND ZONING BOARD, Respondent. / 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. / j"() 2r>- (.' /, (/,/,/, " , I I I 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 2 I I 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 3 I I 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 4 . . ." '91 9 47 32 1 6 2 20 42 67 16 21 10 6 13 3 1 1 2 I CONDITIONAL USE REPORT 3AMMINZ DANCE SltACX 470 Nandalay Ave I 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 " 8 16 34 1 4 5 43 36 15 18 8 " " 2 J 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 'l; ~ '/ 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.