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HomeMy WebLinkAbout1965-05-04 Special City Commission Meeting Minutes • • • ® MINUTES OF SPECIAL MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD MAY 4, 1965. The City Commission of the City of Dania, Florida, met in; Special Session in the Commission Room at the City Hall. • Present were: MAYOR-COMMISSIONER FRANK SALVINO COMMISSIONERS ROBERT GRAMMER VERA L. HILL S. ELLIS YOUNG CARL ZENOBIA CITY ATTORNEY CLARKE WALDEN • CITY MANAGER LESTER CULVERSON CHIEF OF POLICE MONTIE SMITH CITY CLERK MARY THORNHILL The meeting was called to order at 10:30 P.M. by Mayor Salvino. The meeting was called for..the purpose of enforcing a City Or • dinance. Chief Smith: Honorable City Commission, Mayor, Mrs. Thornhill, I would like to respectfully request that the City Commission of Dania entertain the thought tonight under Section 17-22 of the Dania Code of Ordinances, revoke the beverage license issued to • the Aloha Club. I would like to say that we have had many com- plaints about this club, due to the fact that they are known to solicit drinks from male patrons. They often have had cases made against them for violating this City Ordinance and State Law. I would like to read into the record here a few of the recent com- plaints that I have had. It is very difficult to get a bona..fide • signature or warrant from these people that complained about this club. Most every man that goes up there is either a respected man in his area, or he is married; and then after he makes the complaint to the officer, he is mad then, but then after he thinks about it, he doesn't want to have anything to do with it. But John Grace just recently, at 2:45 A.M. , between 2:45 A.M. and 3:45 A.M. , on 4-22-65, entered the Club, and between those two hours he reported to Sergeant Clemons at the desk and Officer Sam Jones that girls at the bar are drinking and charged him $1.25 a drink. One of the girls is a red-head and a dancer at the Club. Will appear to sign a formal complaint at any time. I called Mr. Grace at 1:30 P.M. , the same day, and left a message for him to return my call. He re- turned my call at 4:30 P.M. , and I made an appointment with him for 3;00 P.M. the next day. He met with me in my office and Mr. Salvino was in my office at that time. And We could not get him to sign a complaint at that time. However, he did agree to meet with the beverage department. I talked to Agent Washburn at 4:00 P.M. that day, and referred this man to him. And the beverage department is working with him at this time. On 3:30 P.M. , the Aloha Club, Mr. Linwood B. White, Box 7, Willis ' Springs, North Carolina, stated to the above officers one of the girls working at the Aloha Club came to his table and started a conversation with him. While talking she asked Mr. White to buy her a drink with the promise she would leave the club with him at 1:00. When it was 1:002 Mr. White stated that the girl made one excuse that she could not leave. Mr. White stated that he had asked for his bill. He stated he was handed a bill for $120.00 for approxi- mately 15 drinks. Y Aloha Club, 5-16-64, disturbance was reported to the desk to Sergeant Jones, and stated that there was trouble, a large group of men creat- ing a disturbance refused to leave. Car 1 and 2 responded, learned that this was a group of about 20 firemen, I am not going to read in the record from what City these firemen were from. Drinking and creating a disturbance. Were asked to leave. Officers of the club did not wish to serve them any further. They left the premises with r. out any further disturbance. 0 Chief Smith cited another instance in which a Mr. Eli Campbell, Jr. , 1413 N.W. llth Street, Fort Lauderdale, Florida, awoke in his car in the parking lot of the Aloha Club and found that he did not have one cent on him, although!- he had had $101.00 when he went into the Aloha Club. a Chief Smith stated that he receives one or two complaints every week mainly about over-charging and people waking up to find that they have no money left. He said that Dania inherited these two strip joints when the area was annexed 6 or 7 years ago. He felt that these clubs do not serve any useful purpose in the City of Dania,2 and that he was sure the City could get along without their license fee. He also pointed out that they do not employ anyone who lives in Dania. He asked if there was any legal way to take away their license and close their place of business. Chief Smith then introduced Mr. Vanderpool of the State Beverage Department. Mr. Vanderpool spoke about the Aloha Club, and cited several viola- tions against the same, among which were (1) soliciting drinks, (2) loitering for the purpose of soliciting alcoholic beverages, (3) offering to engage in prostitution, (4) violation of fingerprinting ordinance, (5) illegal lease of business, and (6) keeping, main- taining, or operating a place for the purpose of lewdness or pro- stitution. City Attorney Walden asked if they have the same charges against any other club in Dania. Mr. Vanderpool answered yes, similar charges are pending against the Torch Club. Their license has been revoked, however, they are up on an appeal at this time, which is why they are allowed to remain open presently. Attorney Walden asked Chief Smith if he indluded the Torch Club in his recommendation. Chief Smith: Yes sir, I do. . City Attorney Walden: We do have ordinance 17-22, which says that the Commission or Municipal Judge may revoke Alcoholic Beverage Licenses for any one of a number of listed grounds. It is my opinion that it is a matter .of due process, if the Commission is going to attempt to use this particular ordinance, in effect, you have got to prepare a set of charges and specifications, rather specific as to time and place and events, and the burden of proof is on the City to prove these various violations. You have got to serve a reasonable notice to the license holder to show cause why the license should not be revoked. To me, I think you are going to get into trouble. It is illegal for you to just go yank the license off the wall. If you wish to use this particular ordinance, it is your authority to revoke the license. I::would suggest to you that you ask the Chief to give a statement showing the different offenses, and to prepare by resolution a rule to show cause, that is a legal phrase, giving the license holder the right to show up at a reported time to present a defense, if the holder has any. I think the City as a municipality can-.control only hours of closing, zoning matters, sanitary matters, and that is about it. We have no jurisdiction, in my opinion, over many of these matters. Commissioner Zenobia: Mr. Walden, how about section 18-13'; "Operating hours - no nightclub business as defined in section 18-11, shall be operated upon any day of the week beyond or after 4:00 A.M. , Ordinance 149"? Attorney Walden: well, we have repealed that ordinance. Let me just tell you. . .Hallandale had this very same problem, this same type of; ordinance, and the same situation. And after much investigation the City of Hallandale did have some witnesses who were willing to testify about the solicitation and the immoral acts. As a result of that. . . . ' and let me go this one further step. . . .the City of Hallandale had a ', -2- • ® Cabaret License, which was identical to our old Nightclub License, which allowed the license holder to remain open an extra two hours. Now the City of Hallandale acknowledged that they had no right to revoke the Beverage License as such, but it did think it had the right to control the Cabaret License, because in effect, all you are controlling is hours of closing, which the City does have the • right to control. In that particular case, with a somewhat similar ordinance, the City Commission authorized the City Attorney to pre- pare a set of charges and specifications and serve them, the license holder, and the matter was referred to the Municipal Judge, as you may do under your ordinance, to conduct a regular hearing. This is what I am calling legal due process, and you cannot get around it. ® At the hearing the City had the burden of proving these things, and the license holder had an opportunity*to defend. The Municipal Judge in Hallandale revoked the Cabaret License, but he did not attempt to take away the Alcoholic Beverage License. That particular case was appealed to the Circuit Court, and Judge Warren upheld the City of Hallandale. So one answer to this whole problem is to go back and • adopt something like our old Nightclub License, because that is a sure way to control things. If you took away the two hours extra closing up there, I don't think you would have any further problems. This is something I said 10 years ago to the Commission, and I still say it. That is the answer to it. • Commissioner Zenobia: What I am getting at Mr. Walden, no club in this town is allowed to be open after 4:00, right? Attorney Walden: Right. Commissioner Zenobia: We have a sworn testimony downstairs from one # of the operators of the club that ,on April 27th they served beverages after 4:00 in the morning. Attorney Walden: Well I wonder why the police department has not prosecuted them for that if you have that testimony. • Commissioner Zenobia: We just got the sworn testimony. We have been investigating this all week. I would like. to use that ordinance. Attorney Walden: Well I suggest you,direct the Police Chief to file charges and prosecute them for. wiolating it. Asa lawyer, sworn to uphold the law, I am not going.to tell you that you can go yank their • license off the wall. A motion was made by Commissioner Zenobia to direct the Police Chief to file charges against the Aloha Club for serving beverages after 4:00 A.M. on April 27, 1965. Motion died for'lack 'of a second. • Chief Smith: Thatts not going to solve our problem. Of course, I am going to do it, but we are here tonight to see if we can't get a solution to the cancer that keeps growing year after year. Attorney Walden: I can give you a very good solution to it. You have the absolute right to control hours of closing. So repeal every ordinance that you have on the books that allows people to stay open an extra two or three hours. Make everybody close at 2:00, and then later, and you can do it the same night or the next night, adopt a Cabaret License, or Nightclub License, whatever lable you want to put on it, saying that certain ones, if they meet .certain specifi- cations, can get these extra two or three hours. And those who get I� these special licenses, if they don't fulfill all of your standards, you revoke it. Thatts the answer to it. I am not going to be the judge over the legality of the ordinance, I am just expressing my opinion that it is illegal. At this point Attorney Walden read a chapter 562.45 of the Florida •' Statute, which is the Beverage Law Code, and also the standard text on the Florida Law, which is Florida Jurisprudence. -3- ® Attorney Walden: The quickest way is just let them all close at 2:00, and then enact .a better Cabaret or Nightclub Ordinance than the one you had before. You can absolutely control these Cabaret Licenses or Nightclub Licenses. The State Beverage Department has nothing to do with that. • A motion was made by Commissioner Hill to draw up an pass an ordi- nance to close all establishments selling alcoholic beverages at 2:00 A.M. Attorney Walden: Unless there is some emergency, I would like to give you a set of ordinances and let you study them, because I • think once you look at'them, I have about three in mind that I think will let you solve this problem forever. Chief Smith: Wonderful. . .let's let the City Attorney solve this -pro- blem forever with those ordinances., • Commissioner Zenobia: I would like to see the City Attorney draw up these sets of ordinances and bring them to us. Attorney Walden: I suggest you not try to pass anything tonight and come at a regular meeting after they;-are laid out here in writing, so you can read them and pass them as emergencies. • Commissioner Hill: Well I will withdraw my motion if you will work up an ordinance to the effect of closing them all at 2:00, if you will bring one of them to our next meeting. Commissioner Zenobia: i would like to say one thing. This isn't • the first time something like this has come up where we were told that our ordinances were illegal, not only with the liquor, but with other things. I would like to see us go over these ordinances and change them. • There being no further business on the agenda, the meeting adjourned. • Mary fhornhill City Clerk-Auditor A Frank Salvino Mayor-Commissioner • -4-