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HomeMy WebLinkAbout30486 - MINUTES - City Commission i OY•AM i I I ' I CLARICE WALDEN 41 ?jJ1 ATIOAHLY AT LAW RODERT E.DUUOW DANIA,PLORXnA ' e September 26, 1966 Sy Chadroff, Esquire Attorney at Law 1033 City National Bank Building 25 West Flager Street Miami, Florida I ' William F. Hunter, Ir., Esquire I Attorney at Law 1909 Tyler Street Hollywood, Florida I Re: Our file number M-2180-W Club Aloha, Dania, Florida • i Gent'emen: I am writing to you in my capacity as city attorney of City of Dania, Dania, Florida. According to the records of the city, a business known as Club Aloha has been the holder of both an alcoholic beverage license and a nightclub license. The primary advantage of a nightclub license is that it allows the holder of an alcoholic beverage license to remain open for an additional two hours for the sale of alcoholic beverages. Since a municipality does have the exclusive right A to regulate hours of closing, the city has substantial authority to regulate the holders of nightclub licenses. However, with respect to alcoholic beverage li- censes, most of the regulatory authority is vested in State Beverage Department. The records of the city show that the owners of the licenses issued to • Club Aloha are Mabel C. Biddle and Elizabeth Felker. Applications for the renewals of the licenses for the coming year be- ginning October 1, 1966, were signed by Walter F. Biddle. At the City Com- mission meeting held on September 19, 1966, the commission declined to approve the renewals of the licenses because same were not signed by the record owners, # namely, Mabel C. Biddle and Elizabeth Felker. As a result of the action of the commission in not approving the re- newals, Mr. Chadroff has written to the City Clerk to advise that Mabel C. Biddle is deceased and that Walter F. Biddle is the executor of her estate. Mr. Chadroff states that Mr. William F. Hunter, Jr. represents the estate. Mr. • Biddle has recently called at my office to discuss the matter further and he ad- vises that Elizabeth Felker is also deceased. He states that-she died a few months after the death of Mabel C. Biddle. Mr. Hunter has delivered to the City Clerk a copy of Letters Testamentary in estate No. 17802, certified as of April 6, 1964) and concerning "Cecilia M. Biddle" and not "Mabel C. Biddle", who is O registered as one of the owners of the licenses. I understand from Mr. Biddle that the estate of Elizabeth Felker is still cadi .g even though she evidently died within a matter of a few months of Mrs. Biddle. To the extent that the city has any right to be informed, I am certain r • - 0 )i CZARKE ,Sy Chadroff, Esquire ® William F. Hunter, Yr., Esquire September 26, 1966 Page Two. that the commission will want some explanation as to why both estates are still ® pending almost five years after the deaths of the decedents. Frankly, the Chief of Police has received numerous complaints about the operation of the business in recent years and I understand that other complaints have been brought to the attention of the State Beverage Department. Since the estates are under the jurisdiction of the County Judge, I will suggest to the Chief of Police that he con- s ider calling any future complaints to the attention of the County Judge, With respect to the requirements of the city, I advise you that the city will reouire the following: (1) - A certified copy of the Letters Testamentary ® concerning Cecilia M. Biddle, with the date of the certification being within sixty days from date; (2) - Reasonable proof that Cecilia M. Biddle is the same person as Mabel C. Biddle; • (3) - A certified copy of an order from the County Judge entered in the Biddle estate showing that the executor is allowed to continue the business, with the order being the type that is required by Chapter 733. 08, Florida Statutes,.1965, and authorizing the executor to renew the licenses for the coming year; (a) - A certified copy of the Letters Testamentary concerning Elizabeth Felker, with the date of the certification being within sixty days from date; and i (5) - A certified copy of an order from the County Judge entered in the Felker estate showing that the executor is allowed to continue the business, with the order being the type that is required by Chap- ter 733. 08, Florida Statutes, 1965, and authoriz- ing the executor to renew the licenses for the coming year. The City Clerk advises me that the present operators evidently oper- ate the business under the name of Kit Kat Club. I understand that the name in which • the city license is issued must coincide with the name in which the county license is issued. I am taking the liberty of forwarding a copy of this letter to Honorable Stewart F. LaMotte, Jr. , County Judge, so that he will be informed of the re- quirements of the city. I am also forwarding a copy of the letter to the District office of the Stale 3everage Department in Miami and to the Director, State Beverage De- • - - - - - - - 0. CLAR7iL -NVALDLNT Sy Chadroff, Esquire 0 Willi .m F. Hinter, Jr., Esquire September 26, 1966 Page Three. partment, Tallahassee, Florida, so that they will be informed of the re uire- ments of the city. 4 Please be assured of my desire to co-operate with you. i Sincerely yours, Clarke Walden CW/sc :c - Honorable Stewart F. La.Motte, 7r. County Judge Broward County Court House Fort Lauderdale, Florida ® ' cc - District Director State Beverage Department 1350 N.W. 12th Avenue Miami, Florida • cc - Director State Beverage Department Tallahassee, Florida cc - Mr. Stanley Goldberg City Manager City of Dania Dania, Florida i