CITY OF HALLANDALE BEACH

MEMORANDUM

DATE:             July 22, 2008              

TO:                  D. Mike Good, City Manager

FROM:            Richard D. Cannone, Director of Development Services Department

SUBJECT:     Consideration of Annual Renewal of Nightclub License for Fiscal Year 2008-2009

PURPOSE

The purpose of this memorandum is to request City Commission consideration and approval of all nightclub licenses before they are renewed as per Section 5-9 (d) of the City Code of Ordinances.

BACKGROUND

Licenses to sell alcoholic beverages are issued by the State; however, hours of sale are controlled by the City.  Section 5-4(a) of the Hallandale Beach Code of Ordinances specifies establishments shall not sell alcoholic beverages between the hours of 2:00 a.m. and 7:00 a.m. on weekdays and Saturdays or between 2:00 a.m. and 1:00 p.m. on Sunday, unless a Nightclub license has been issued by the City.  Nightclub licenses do not include extra hours of sale (6:00 a.m. Saturday on premises and 7:00 a.m. Sunday off premises) granted by Section 5-4 (b).

Section 5.9 (d) states all nightclub licenses expire at 11:59 p.m. on September 30 of each year.  The criteria for issuance and renewal of Nightclub licenses (Section 5-9 of the Code of Ordinances) include, but are not limited to, the amount of off-street parking available, the amount and degree of law enforcement activity generated by the extra hours of operation, and any adverse effects the operation may have on neighboring properties. 

DISCUSSION

Currently the City’s Code requirements regulate licenses for the following six (6) establishments (see attachment # 1):

1. FL- Tatiana Club Restaurant

2. Flannigan’s Seafood Bar & Grill

3. Gulfstream Park Food & Beverage d/b/a Gulfstream Race Track

4. Hollywood Concessions d/b/a Mardi Gras

5. Ocean’s 11 Lounge South

6. The Wine Cellar

Below please find results from assessments/inspections conducted of the above establishments by the Police, Fire and Development Services departments.

Police

For a comparison of Police calls for service to each establishment for the periods July 1, 2006 through June 30, 2007 and July 1, 2007 through May 31, 2008 see attachment #2.

The Police Department has no objections to the renewal of the Nightclub Licenses for

The six (6) establishments listed. The Police Department’s two-year history report indicates the number of calls for service for all six nightclubs increased over the current twelve-month period.   The Calls for Service Breakdown of all six establishments indicates that the increases were relative to service calls and not any major criminal infractions. (See attachment # 3)  

The Police Department recommends that they continue to monitor activity at the locations and work with the owners to reduce the calls for service and provide for police details when needed.

Fire

The Fire Department inspections for Flannigan’s Seafood Bar and Grill, Gulfstream Park Food & Beverage, Hollywood Concessions and Ocean’s 11 Lounge South, revealed no significant threat to occupants’ safety.   Therefore there are no objections to renewal of the licenses for those four establishments.

During the annual inspections conducted on July 3, 2008 for FL-Tatiana and Wine Cellar, Fire noted a number of Life Safety violations (See attachment # 4 for a complete list of these violations).

The Fire Department objects to the renewal of these licenses until all violations are corrected. 

Planning and Zoning

The Planning and Zoning Division has reported that there are no adverse effects caused by any of these establishments with the exception of the Wine Cellar.

On April 2^nd, 2008, the City Commission approved the 4:00 a.m. nightclub license for the Wine Cellar which was conditioned on the applicant complying with the Fire Departments Code Violations within three (3) months of the approved date (July 2^nd, 2008).  As a result, on July 29, 2008, a letter was sent to the Wine Cellar revoking their 4:00 a.m. nightclub license per the City Commission conditional approval. 

Staff would like to note however, since receiving the letter of revocation the applicant has corrected the issue with the fire door and is awaiting closing of the building permit application.

Code Compliance

The Code Compliance Division observed several minor violations at FL-Tatiana Club-Restaurant, Inc.  These violations pose no threat to health and safety.   A written Courtesy Notice was issued.  Ocean’s 11 Lounge South has several minor violations which pose no threat to health and safety and has active permits to correct these issues.  The Code Compliance Division will ensure these violations are corrected. (See attachment # 6).

Building

The Building Division observed life safety violations at Fl-Tatiana Club Restaurant that include several electrical issues such as faulty or unsafe wiring and missing or inoperable lights.  Violations relating to the Wine Cellar are same as previously stated by the Fire Department.   Both Tatiana and Wine Cellar have filed building permits to correct these violations.

Flannigan’s Seafood Bar and Grill has minor violations which they are in the process of correcting.  Ocean’s 11 Lounge South has several violations for which the owner has obtained building permits to correct.   These violations pose no threat to health and safety.  No building code violations were observed at Gulfstream Park Food and Beverage and Hollywood Concessions. (See attachment # 7).

CONSIDERATIONS

Establishments holding extended hours licenses are continually reminded that the granting of extended hours is a privilege, subject to modification or termination by the City Commission each year at renewal time.  If, prior to renewal time, the City Manager determines that any licensee has either violated a condition of renewal or is operating in a manner harmful to the public health, safety or welfare, he may place on the City Commission agenda the matter of revoking the nightclub license (Section 5-9 (e)).

RECOMMENDATIONS

1. Staff has no adverse comments and recommends renewal of the Nightclub Licenses for the following establishments subject to conditions of approval as noted below:

Club Closing Conditions for approval

· Flanigan's Seafood                       6:00 a.m.         Continue to monitor

        Bar & Grill                                                            Correct Building Code violations                                                                          

· Gulfstream Park Food                  6:00 a.m.         Continue to monitor

        & Beverage

· Hollywood Concessions, Inc.       6:00 a.m.         Continue to monitor

· Ocean’s 11 Lounge South            6:00 a.m.         Continue to monitor

                                                                                    Correct code violations

                                                                                    Correct Building Code violations

2. Staff recommends a conditional approval of the 6:00 A.M. closing time provided all code violations are corrected within 90 days.  If the violations are not corrected within 90 days, a recommendation of revocation of the license will be brought to the City Commission pursuant to Section 5-9(e) which states “If prior to renewal time the City Manager determines that any licensee has either violated a condition of renewal or is operating in a manner harmful to the public health, safety or welfare, he may place on the City commission agenda the matter for revoking the nightclub license….”

Club Closing Conditions for approval

· FL-Tatiana Club                     6:00 a.m.                Continue to monitor

       Restaurant, Inc.                                                   Correct Fire Code violations

                                                                                    Correct Code violations

                                                                                    Correct Building Code violations

                                                                                    Provide for Police Details

3. The following establishment’s 4:00 a.m. nightclub license has been revoked due to lack of compliance with Fire Code Violations.  Staff recommends a conditional approval of the 4:00 A.M. closing time provided all code violations are corrected within 90 days.  If the violations are not corrected within 90 days, a recommendation of revocation of the license will be brought to the City Commission pursuant to Section 5-9(e) of the City Code, described above.

Club Closing  Conditions for approval

· The Wine Cellar                   4:00 a.m.                  Continue to monitor

        Restaurant                                                          Correct Fire Code violations                                      

Reviewed:

______________________________                    __________

D. Mike Good, City Manager                                                 Date

________ Approved ______ Denied ______ Hold for discussion

Comments:  ____________________________________________________

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RC/CD/ss/sj

Attachments