CITY OF HALLANDALE BEACH
MEMORANDUM
DATE: July 20, 2009
TO: D. Mike Good, City Manager
FROM: Richard D. Cannone, Director of Development Services Department
SUBJECT: Consideration of Annual Renewal of 4:00 A.M. and 6:00 A.M. Nightclub Licenses and Hours of Business Operations for Conditional Use Permits for Fiscal Year 2009-2010
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 or Ordinances. City Commission consideration is also requested as it relates to limitations of hour of operations in connection with a Conditional Use Permit for businesses within the City.
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 and the City Commission may consider renewal of these licenses at the first regular meeting in August. The criteria for issuance and renewal of Nightclub licenses (Section 5-9 of the Code of Ordinances) includes, but is 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.
On April 15, 2009, the City Commission approved a Conditional Use Permit for A-1 Florist to operate a Hall For Hire at 103 N.E. 3 Street subject to the following conditions:
1. The Hall shall not be subleased or rented to promoters for special events;
2. Maximum occupancy of the establishment shall not exceed 90 persons in accordance with the fire code;
3. No sale of alcoholic beverage shall be conducted on the premises;
4. No cooking or food preparation shall be conducted on the premises;
5. The Hall shall be limited to 1,387 square feet of leased space of unit #103 for the proposed activity; and
6. A restrictive covenant shall be recorded with Broward County and be filed with the city that establishes hours of operation for all uses in the center to provide for shared parking between day, evening and weekend uses. The covenant shall, to the extent possible, prevent overlap of hours of operation between restricted uses. In no instance shall the existing nonconforming situation be intensified. The covenant shall run with land and be binding on all future tenants and owners of the center.
7. hours of operation to be brought back to the city
commission for consideration on an annual basis,
The applicant has complied with all of the conditions of approval.
DISCUSSION
Currently the City’s Code requirements regulate licenses for the following six (6) establishments (see attachment #1):
1. Chapultepec Mexican Bar & Restaurant
2. Fl. Tatiana Club-Restaurant, Inc.
3. Flanigan’s Seafood Bar & Grill
4. Gulfstream Park Food & Beverage d/b/a Gulfstream Race Track
5. Hollywood Concessions, Inc. d/b/a Mardi Gras
6. Ocean’s 11 Lounge South
Listed below are the results from inspections conducted by the Police, Fire and Development Services Department, Building & Zoning Divisions for the six (6) establishments.
Police
A comparison of Police calls for service to each establishment for the period July 2007 through July 2008 and July 2008 through July 2009 is listed on 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 the six (6) establishments over the current twelve-month period increased for three (3) of the establishments; namely, Chapultepec Mexican Bar & Restaurant, Gulfstream Park Food & Beverage and Hollywood Concessions, Inc. The calls for service breakdown of the three (3) establishments indicates the increases were relative to services calls and not any major criminal infractions. (See attachment #3)
In addition, no adverse effects have occurred as a result of the 2:00 a.m. closing of the Conditional Use Permit for A-1 Florist.
The Police Department will continue to monitor activity at the locations and work with the owners of the establishments to reduce the calls for service.
Fire
The Fire Department inspections for Chapultepec Mexican Bar & Restaurant, FL Tatiana Club Restaurant, Flanigan’s Seafood Bar & Grill, Gulfstream Park Food & Beverage, Hollywood Concessions Inc. and Ocean’s 11 Lounge South revealed no significant threat to occupant safety. Therefore, there are not objections to renewal of the nightclub licenses for the six (6) establishments. Attachment #4 is a detailed list of the inspections.
In addition, no adverse effects have occurred as a result of the 2:00 a.m. closing of the Conditional Use Permit for A-1 Florist.
Code Compliance
The Code Compliance Division conducted inspection of all six (6) establishments. Flanigan’s Seafood Bar & Grill, Gulfstream Park Food & Beverage, Hollywood Concessions, Inc. and Ocean’s 11 Lounge South had no code violations. Several minor
code violations were observed at Chapultepec Mexican Bar & Restaurant and Fl Tatiana Club Restaurant, Inc. These violations pose no threat to health and safety. Written Courtesy Notices were issued to the two (2) establishments giving each a thirty (30) day compliance deadline. The Code Compliance Division will ensure these violations are corrected. (See attachment #5)
In addition, no adverse effects have occurred as a result of the 2:00 a.m. closing of the Conditional Use Permit for A-1 Florist.
Building
The Building Division conducted inspections at the six (6) establishments and observed no building code violations. Attachment #6 is the inspection report.
In addition, no adverse effects have occurred as a result of the 2:00 a.m. closing of the Conditional Use Permit for A-1 Florist.
Planning & Zoning
The Planning and Zoning Division has reported that there are no adverse effects caused by any of the six (6) nightclub establishments. In addition, no adverse effects have occurred as a result of the 2:00 a.m. closing of the Conditional Use Permit for A-1 Florist. (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)).
RECOMMENDATION:
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
· Chapultepec Mexican (Fridays & Saturdays) Continue to monitor Bar & Restaurant 4:00 a.m. closing Correct Code violations
Continued adherence to
conditions of conditional
use approval
· FL Tatiana Club 6:00 a.m. closing Continue to monitor
Restaurant Inc. Correct minor Fire Code
violations
Correct Code violations
· Flanigan’s Seafood 6:00 a.m. closing Continue to monitor
Bar & Grill Correct minor Fire Code
violations
· Gulfstream Park Food Continue to monitor
& Beverage 6:00 a.m. closing Correct minor Fire Code violations
Pay nightclub license
regulatory fees
· Hollywood Concessions Continue to monitor
Inc. 6:00 a.m. closing Correct minor Fire Code
Violations
Pay nightclub license
regulatory fees
Club Closing Conditions of approval
· Ocean’s 11 Lounge Continue to monitor
South 6:00 a.m. closing
2. Staff has no adverse comments and recommends continuation of the Conditional
Use Permit as noted below:
Establishment Closing Condition for approval
· A-1 Florist 2:00 a.m. closing Continue to monitor
Prepared by: _______________________ Concurred: _________________________
Sandra Sewell, AOA IV Christy Dominguez, Director of
Planning & Zoning
Reviewed:
_______________________________ __________
D. Mike Good, City Manager Date
_____Approved _____Disapproved _____Hold for Discussion
Comments:
RC/ss