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02-04-05 Emergency Meeting Minutes vMINUTES ~ EMERGENCY CITY COMMISSION MEETING FEBRUARY 4, 2005 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Richard Beaver City Clerk Donna L. Bussey Commissioner Paul B. Parsons City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons ABSENT: Commissioner J. Dezmond Waters III Call to Order Mayor Meserve called the meeting to order at 8:30am and stated that, due to the timing of the issue to be discussed, any decision needed to be made by the Commission could not wait until a regular Commission meeting with due notice given to the public. The Mayor asked for a motion to declare this an emergency meeting of the Commission under Florida Statute 120.525 and to hold this as an emergency meeting. There was no discussion. Motion• To declare an emerSency meeting of the Commission under Florida Statute 120.525 and hold such emerEency meeting. Moved by Beaver, seconded by Simmons Votes: Aye: 4-Beaver, Parsons, Simmons, Meserve Nay: 0 MOTION CARRIED Business to Discuss Super Bowl event at the Atlantic Theatre, 751 Atlantic Boulevard. Mayor Meserve noted that the one issue they were there to discuss involved the events occurring at the Atlantic Theatre. He noted that the owner of the establishment and the producer of the event were both present at the meeting. Mayor Meserve called on City Manager Hanson to begin discussion. City Manager Hanson asked for reports from Chief Thompson, Director of Public Safety and from Sonya Doerr, Director of Planning and Zoning, relating to the issues. ~` Chief Thompson began by stating that the City had some concerns regarding the event at the Atlantic Theatre adhering to City codes. These concerns involved closing time, licensing, type of entertainment, security, parking, and noise. Chief Thompson stated he met with the event's staff February 4 2005 EMERGENCY COMMISSION MEETING Page 2 ~/~- the day before and provided them with copies of the City's codes dealing with alcoholic beverages, closing times, noise, and nudity/exposure. He noted that the event staff were providing their own security at the venue and also had hired police officers from the City of Jacksonville to assist with security issues at the club. He stated the event staff was managing the parking situation and offering valet parking. Chief Thompson also stated that officers from Atlantic Beach's police and fire departments had been sent to the location to review the situation. Commissioner Parsons inquired about the atmosphere of the event the previous evening. Chief Thompson stated that it was quiet, there were no problems reported and that officers were there to ensure the event closed at 2:00 a.m. Commissioner Parsons asked if the headline act last night began at 1:00 a.m. Chief Thompson could not yet confirm that information. Mayor Meserve called Sonya Doerr, Director of Planning and Zoning, to update the Commission on the licensing status of the location and the event producers. Sonya Doerr reported that she was contacted by the event staff and met with them last week regarding use of the theater for their event. She advised the owner and staff that according to City code, they were not licensed to have a public event and that the event would have to be a private party. Ms. Doerr stated that the event staff possessed the appropriate ~- traveling liquor and catering licenses for the event. She noted that she gave the owner a list of issues which the City needed to have addressed. Ms. Doerr stated the City needed to have information on the parking, security, nature of event, type of event, and celebrities attending. Ms. Doerr stated she was informed by the owner that there were no issues for concern but that, at the time, he was not certain of the specific acts performing at the event. City Manager Hanson asked for confirmation that it was stated the event was to be private and that tickets were not to be sold at the door. Ms. Doerr responded that after reviewing the event's licenses, the City was aware that they would be selling tickets to individuals who received private invitations, but not to the general public. City Manager Hanson asked what type of approval would be required if the event was open to the general public. Ms. Doerr responded that any type of live entertainment within the City would require approval of a Use by Exception. City Manager Hanson also inquired if there was approval for the use of trailers with people sleeping overnight in them at the event location. Ms. Doerr responded that City regulations had never permitted trailers and RVs to be parked and used as a residence in any zoning district. Mayor Meserve noted that the City's concerns were the following: 1) that ~'' the event was advertised to the general public as beginning at 1:00 a.m. and ending at 5:00 a.m., and 2) the advertising for the specific event on Sunday indicated a degree of activity with which the City was uncomfortable. February 4 2005 EMERGENCY COMMISSION MEETING Page 3 Mayor Meserve called the owner of the establishment to address these concerns. Mr. Chris Hionides, of 47 Eleventh Street, Atlantic Beach, gave some background information regarding the planning of the event. He stated that he was originally contacted by the group planning the event for the Super Bowl. Mr. Hionides stated that, after seeing the establishment, the event staff wanted to pursue using the location for their event. Mr. Hionides stated that, upon learning that the event staff intended to serve liquor, he contacted the City to activate the liquor license he had acquired for the establishment. Mr. Hionides stated that Ms. Doerr informed him he would also need a Use by Exception to serve alcohol with live entertainment and that the next meeting for that to be discussed would be February 22, 2005. Mr. Hionides stated that he told the event group that they would be unable to sell liquor since he did not have a Use by Exception. He stated that the event producers informed him later that day that they had a traveling liquor license and a catering license appropriate for holding the event. Mr. Hionides said the individual with the traveling license contacted the City and was told to produce the licenses and a letter stating their plan to handle security and parking. Mr Hionides stated that, after presenting the requested items to the City, and reiterating that they would be selling tickets for the event, they received approval to proceed with the event. Mr. Hionides reported that he attended the event last night and stated that the flyer distributed was not an accurate representation of the actual event. He stated that the parking was handled well with signs and roped areas and that there was no interference with the neighborhood shopping center. Mr. Hionides stated that the staff had hired three police officers from the City of Jacksonville because the City of Atlantic Beach could not provide their own officers. Mr. Hionides stated that he went inside the event and that there was no type of nudity seen. Mr. Hionides said that the event staff fully intended to comply with what had been submitted to the City. Mr. Hionides stated that the concerns regarding the event on Sunday were brought to his attention the previous day. He stated that the purpose of the event on Sunday was to promote a specific brand name of jeans. Regarding the issue of closing at 2:00 a.m., Mr. Hionides stated that normally the event staff stops serving alcohol at 1:45 a.m. and still allows people an additional 30 minutes to an hour for consumption. Mr. Hionides stated that he reiterated to the event producers that the club had to close at 2:00 a.m. and that the producers responded that they would do their best to comply. Mr. Hionides discussed the noise issue and stated that, while at the event last night, he did not hear any noise from outside the theater. Mr. Hionides concluded by stating that the event staff had been doing a good job at following the guidelines established by himself and the City. Commissioner Parsons asked about the type of security provided. Mr. Hionides responded that the security company was named Universal Soldiers and provided 15 security guards. Commissioner Parsons asked if February 4.2005.. _ EMERGENCY COMMISSIQN MEETING Page 4 ~- the security guards were licensed to carry concealed weapons. The event producer responded that some are and some are not. Commissioner Parsons asked for a list of the names and number of individuals who carry concealed weapons. The event producer stated that he did not have the names with him at the meeting but stated that he could provide such a list. Mayor Meserve called the event producer to the floor and asked him to give his name and address. Mr. Robert Denmon ,representing Visionaries Marketing, 778 Decatur Industrial Way, Atlanta GA, came to the floor. Commissioner Parsons confirmed with Mr. Denmon that, in addition to their 15 security guards, they also had three officers from the City of Jacksonville at the event. Commissioner Parsons expressed that his main concern was with individuals other than police officers carrying weapons. He stated that he went by the event's venue the night before and thought that the event was very well run. He felt the security guards took their job seriously and the parking was well-managed. Commissioner Parsons questioned the need for security personnel to carry concealed weapons. Chief Thompson responded that carrying concealed weapons is legal and cannot be changed by the City as long as the people are appropriately licensed and permitted to carry such weapons. Mr. Denmon guaranteed that no one at the event would be carrying a weapon if not licensed to do so. Commissioner Parsons asked for a copy of the letter written by Mr. Hionides to the City, regarding the event. Ms. Doerr provided the letter for the Commissioners to review. Commissioner Parsons enquired about the timeline for drafting the letter. Mr. Hionides responded that it was composed after multiple times of contacting and speaking with Ms. Doerr for at least four days. Commissioner Beaver stated that he had to leave the meeting early and wished to express his concerns and suggestions before leaving. He stated that he felt the City was entitled to have a list of the security members carrying weapons. Commissioner Beaver expressed concern that the event would not be able to adhere to the 2:00 a.m. closing time if their performers were beginning at 1:00 a.m. Mr. Denmon responded that he had the understanding that some exceptions would be made for the Super Bowl time period, as in other communities. Commissioner Beaver asked for clarification on the code for closing at 2:00 a.m. Chief Thompson responded that the code did not state when an establishment had to stop serving alcohol, just that the business had to close at 2:00 a.m. Commissioner Beaver suggested the Commission could consider allowing the premises to remain open past 2:00 a.m. but require them to stop serving alcohol at 2:00 a.m. He stated that he had also gone by the premises the night before and thought the event was being run very orderly. ~' Commissioner Beaver expressed that his main concern was with the events planned for Sunday evening. He stated that he felt the intentions of the event were good but that the $10,000 award could lead to situations which break the City's codes. Mr. Denmon responded that the Sunday evening February 4, 2005 EMERGENCY COMMISSION MEETING Page 5 event was sponsored by a jeans company which would not allow their product to be on anything concerning nudity. Commissioner Beaver strongly suggested that the event producers exert control during the activities on Sunday. He reiterated that if the situation got out of control, with so many people involved, it could become very difficult to shut down the event. Commissioner Simmons addressed the azeas concerning the Commission, which included the closing time, ticket sales at the door, trailers in the parking lot, type of entertainment, and licenses to carry weapons. She also expressed that the decision made by the Commission should not set a precedent for the future business being established in the location after the Super Bowl event until the Commission could consider that situation sepazately. Mayor Meserve stated the Commission was there to discuss aone-time event. He reiterated the concerns regarding the event being open unti15:00 a.m., the type of promotions used to market the event, and the issue of the event being private or public. Mayor Meserve proposed making a motion to give a Use by Exception for the event for the days specified through Sunday. He expressed concern with extending the closing time past 2:00 a.m. for just the one venue without other businesses in the City being ~- allowed the same condition. Motion• To grant a Use by Exception to allow use of the facility at the Atlantic Theater only for the event and days specified, with the establishment closing at 2:00 a.m. Moved by Beaver, seconded by Simmons. Commissioner Pazsons discussed the option of allowing the event to remain open past 2:00 a.m. as long as alcohol was not served past 2:00 a.m. Chief Thompson stated that, if approved, the public safety department would also have to enforce the same policy for all the other businesses in the City. Mr. Denmon discussed the issue of allowing people to remain in the venue past the hour of discontinuing alcohol sales. Mr. Denmon felt this option was better than sending people home immediately following the cut-off time for alcohol. City Attorney Alan Jensen commented that traveling liquor licenses are very rare and very expensive and most people who possess such a license would not risk losing it due to non-compliance with the City's codes. Commissioner Simmons expressed concerns with the resulting situation if all businesses in the City were granted the same extension time for closing. Mayor Meserve asked for further discussion on the motion as presented. ~/''' Commissioner Parsons discussed possibilities of offering leniency by extending the closing time past 2:00 a.m. Discussion ensued to include an exception to the rules regazding businesses' closing time during the Super Bowl. February 4 2005 EMERGENCY COMMISSION MEETING Page 6 Motion• To amend original motion by allowing an exception to City code for the days specified which would prohibit liquor sales past 2:00 a m but would permit people to stay at establishments in a non- drinkin~ capacity unti13:00 a.m. Moved by Parsons, seconded by Beaver Votes: Aye: 4 -Beaver, Parsons, Simmons, Meserve Nay: 0 MOTION CARRIED Motion• To approve motion as amended. Moved by Parsons, seconded by Beaver Votes: Aye: 4 -Beaver, Parsons, Simmons, Meserve Nay: 0 MOTION CARRIED Chief Thompson asked for confirmation that the motion applied uniformly to everyone who sells alcohol in Atlantic Beach. Mayor Meserve responded affirmatively. Adjournment There being no further discussi Mayor declared the meeting adjourned at 9:16 a.m. ~ Mayor/Presiding Officer ATTEST: QtYd7?~~? Q Donna L. Bussey City Clerk