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Thursday, May 24, 2012
9:00 workshop Session


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09:05:33 >>CHAIRMAN PRO TEM HARRY COHEN: This is the May 24th

09:05:36 Tampa City Council.

09:05:36 The chair yields to Mr. Frank Reddick.

09:05:38 >> Thank you, Mr. Chair.

09:05:40 It is my honor to introduce our pastor this morning who will

09:05:46 provide the invocation.

09:05:49 I would like to introduce pastor Paul Pervis, born and

09:05:56 raised in Hartsville, South Carolina, but it wasn't until

09:06:01 his junior year from the university that his plans changed.

09:06:04 After beginning the preparation for a career in politics and

09:06:07 law, he realized that he was being called into the ministry.

09:06:11 In just ten days, pastor Pervis, his wife Kimberly and four

09:06:16 boys will celebrate their one year anniversary at First

09:06:19 Baptist Church at Temple Terrace on June 3rd.

09:06:22 Pastor Pervis, welcome to Tampa City Council.

09:06:25 And thank you for spending your morning with us.

09:06:27 Please stand as we have the invocation and pledge of

09:06:33 allegiance.

09:06:33 >> Counseling thank you, Councilman, for the privilege of

09:06:38 letting us pray to begin this meeting.

09:06:40 Let us pray together.

09:06:41 Our heavenly father, we are grateful today for waking us up

09:06:46 and giving us the gift of life.

09:06:47 We don't take that for granted.

09:06:49 We thank you also today forgiving us the ability.

09:06:53 Many of us did not choose to be born and raised and live in

09:06:59 this free land that forces us the opportunity to gather

09:07:01 together and give input and insight into the leadership of

09:07:04 our communities, our cities, our state and nation.

09:07:09 We thank you for those who have been elected to serve us.

09:07:13 I pray particularly today that you continue to give them

09:07:15 wisdom.

09:07:16 You are a God who tells us that when we ask for wisdom you

09:07:19 give it to us generously, so we ask for that in this room

09:07:23 in, this place today.

09:07:24 Thank you for citizens who have come to voice their

09:07:26 opinions.

09:07:27 Lord, we pray that as we gather together to give a spirit of

09:07:32 peace in this place, and that you guide us according to your

09:07:35 will.

09:07:37 Lord, most of all you tell us that we should live in

09:07:40 everything that we do, that we eat, sleep, or drink,

09:07:44 everything we do we should do all for your glory.

09:07:46 So I pray that you, the creator of the universe, would be

09:07:49 honored in the time even in this governmental room today.

09:07:55 God, I again thank you for the privilege of life.

09:07:58 I personally thank you for the privilege of new life that

09:08:02 comes through Jesus Christ.

09:08:04 It's in his name that I pray and ask all of these things.

09:08:07 Amen.

09:08:07 [ Pledge of Allegiance ]

09:08:33 >>HARRY COHEN: This is from chairman Charlie Miranda.

09:08:40 Please be advised I will be unable to attend the work

09:08:42 session on February 24 -- May 24th as I will be out of

09:08:46 town on that date.

09:08:48 The second is Mike Suarez.

09:08:50 I will be absent from City Council on May 24, 2012 as I will

09:08:55 be out of town on that date.

09:08:57 Finally from Councilwoman Yolie Capin, due to the passing of

09:09:03 my uncle, I will be absent from the workshop.

09:09:06 Clerk, can we please call the roll?

09:09:14 >>FRANK REDDICK: Here.

09:09:14 >>MARY MULHERN: Here.

09:09:15 >>HARRY COHEN: Here.

09:09:22 >>HARRY COHEN: Because we do not yet have a quorum we are

09:09:24 going to go to our ceremonial activities and we will

09:09:29 continue after that.

09:09:30 Hopefully Councilwoman Montelione will have arrived at that

09:09:33 time.

09:09:34 At this point I yield to the honorable Frank Reddick, chair

09:09:37 of the Public Safety Committee.

09:09:39 >>FRANK REDDICK: Good morning.

09:09:42 Thank you, chair.

09:09:48 It is my honor to bring Officer of the Month Kirkpatrick and

09:09:56 I will have the chief introduce the officer.

09:09:59 >> Chief Castor: It's my pleasure to bring the best of TPD

09:10:04 forward today.

09:10:04 We have before you Matthew Kirkpatrick.

09:10:07 Although he's only been with the Tampa Police Department for

09:10:10 three and a half years he's made a dramatic impact on the

09:10:12 safety of our community.

09:10:13 And in the sake of time I will just read a couple of

09:10:16 incidents that he was involved in.

09:10:18 During March of this year, in district 2 -- he's a member of

09:10:22 our ROC squad, Rapid Offender Control, and where individuals

09:10:31 would call for food delivery service, and then when the

09:10:33 individuals delivery person would arrive, they would

09:10:36 approach from behind, choke the individual, and rob them,

09:10:41 forcefully remove property from them.

09:10:44 We found the suspects this made several purchases from a

09:10:46 WalMart using one of the victim's credit cards, so we got

09:10:51 surveillance video, put a bulletin out based on that, and

09:10:54 then on March 28th a fourth robbery occurred where a

09:10:57 Pizza Hut delivery person was in that particular area and

09:11:01 was robbed.

09:11:04 Same method of operation, the previous robbery.

09:11:08 We were able to track the suspect based on stolen property

09:11:12 to track him to an area around the Takomah Trail, so officer

09:11:16 Kirkpatrick went to that location, and based on the

09:11:19 surveillance video, based on his knowledge of individuals

09:11:22 residing in that area, he was able to locate someone that

09:11:26 matched the description.

09:11:28 He also found that that individual was in possession of

09:11:32 several of the stolen cell phones and property from some of

09:11:35 the previous robberies.

09:11:37 He also found, surprisingly enough, the individual had a

09:11:43 prior conviction for robbery and was currently on probation

09:11:46 for robbery, so he obviously hadn't learned from his

09:11:49 previous convictions.

09:11:50 He provided information that led to charges in the previous

09:11:54 robberies as well.

09:11:55 So officer Kirkpatrick, based on his interviewing skills,

09:12:01 his knowledge of the area around him, and his assertive

09:12:05 policing techniques, was able to bring this robbery to a

09:12:12 safe conclusion.

09:12:13 We have found through experience that these types of

09:12:16 robberies become more and more violent.

09:12:18 So for him to be able to bring this to a closure in a matter

09:12:22 of less than 30 days is phenomenal.

09:12:25 And this is just one example of what he does every day out

09:12:28 there to keep the community safe.

09:12:30 And before I congratulate him on being Officer of the Month

09:12:34 for May 2012, I want to let council know that he missed our

09:12:40 in-house award ceremony.

09:12:42 And I said, well, he had better have a good excuse.

09:12:46 And apparently he was off on his honeymoon so I think that

09:12:49 trumped it.

09:12:50 I want to congratulate him on his marriage as well.

09:12:52 So congratulations to Matthew Kirkpatrick.

09:12:56 [ Applause ]

09:13:06 >>FRANK REDDICK: And dresses nice, too.

09:13:09 On behalf of Tampa City Council, we would like to present

09:13:12 this commendation to officer Matthew Kirkpatrick for being

09:13:16 chosen Tampa Police Department Officer of the Month for May

09:13:20 2012.

09:13:20 Congratulations.

09:13:25 [ Applause ]

09:13:34 >> Chip Deblock with Tampa PBA.

09:13:41 I would like to show our appreciation for a job well done

09:13:48 and for your beloved here. Congratulations.

09:13:52 >> Steve Stickley representing Stepps towing service, on

09:14:03 behalf of Jim and Judy and Todd Stepps, we would like to

09:14:07 present this to you for a job well done and appreciate what

09:14:09 you do out there.

09:14:10 And we also have a gift circumstance for Lee Roy Selmon's.

09:14:15 >> Frank DeSoto representing Bill Currie Ford and the curry

09:14:25 family.

09:14:25 Congratulations on a job well done.

09:14:27 We would like to present you with this watch.

09:14:29 >> Congratulations on a job well done.

09:14:36 I'm with the Straz center so after Lee Roy Selmon's you will

09:14:41 come down and see a show.

09:14:42 We look forward to seeing you there.

09:14:44 Thank you very much.

09:14:45 >> Joe Dirken, Bright House networks.

09:14:54 On behalf of all of us at Bright House I would like to

09:14:57 congratulate you and award you one month free of all Bright

09:15:00 House services, high speed phone and video.

09:15:02 >> These roses are not for you.

09:15:15 [ Laughter ]

09:15:17 But your bride is going to be critically important.

09:15:20 >>STEVE MICHELINI: If you call me sir, you will make me

09:15:33 feel old. I appreciate the respect but, you know, sometimes

09:15:36 you don't want that so much.

09:15:39 It's like being carded. They still card me occasionally.

09:15:43 It's flattering, you know.

09:15:44 Congratulations on behalf of Prestige Portraits.

09:15:48 We are going to provide you with a gift certificate so you

09:15:52 can have your portraits done.

09:15:53 You get flowers, you get portraits, and you get to go to

09:15:57 dinner at Bern's. How do you like that?

09:16:00 >> That will be great.

09:16:01 >> You get to enjoy yourself as Bern's, you and your wife,

09:16:05 and I know a lot of other people want to join you, but it

09:16:08 won't go that far. But it will take care of you and your

09:16:11 wife. Congratulations.

09:16:11 >> Thanks for the time.

09:16:21 I do appreciate the recognition. Also, I understand it's

09:16:24 not just me that made this catch and all that.

09:16:27 But I would like to recognize my supervisors, corporate

09:16:32 Haines, sergeant Paul Mumford. They did a great job of

09:16:35 nominating me.

09:16:37 [ Laughter ]

09:16:39 But I would also like to recognize my squad 234, ROC squad,

09:16:45 officer Comet who was in the car with me at the time this

09:16:47 happened. I want to make sure he gets recognized as well.

09:16:51 It's not just one guy. It's a collaborative effort between

09:16:53 us. Detectives and the patrol unit on the street as well.

09:16:57 Thank you for coming, seeing me, supporting me, and thanks

09:17:00 to my wife and my mother for showing up.

09:17:03 I love you guys. I want to say thank you very much.

09:17:10 [ Applause ]

09:17:17 >> We are going to take short recess and be back in about

09:17:27 five minutes.

09:17:45 >> (Recess)

09:17:47 >>HARRY COHEN: We are calling this meeting of Tampa City

09:24:32 Council back into session.

09:24:34 Roll call, please.

09:24:34 >>FRANK REDDICK: Here.

09:24:39 >>MARY MULHERN: Here.

09:24:40 >>HARRY COHEN: Here.

09:24:41 >>LISA MONTELIONE: Here.

09:24:44 >>HARRY COHEN: We have a few housekeeping items to take

09:24:46 care of regarding today's agenda.

09:24:54 I think that given the gravity of the discussion and the

09:24:57 nature of some of what I have been told by our attorney Mr.

09:25:01 Shelby, it would be a good idea for us to discuss item

09:25:06 number 3 when we have a full council present and have the

09:25:09 ability to take action.

09:25:11 And I would like to entertain a motion to move item number 3

09:25:14 to June 7th at 10 a.m. under staff reports.

09:25:24 We have a motion from Councilwoman Mulhern, seconded by

09:25:26 Councilman Reddick.

09:25:28 Is there any discussion by council members?

09:25:30 If not, all in favor?

09:25:32 Opposed?

09:25:33 Okay.

09:25:34 So that will be on June 7th at 10 a.m.

09:25:37 And that is the item regarding the Republican national

09:25:40 convention and the issue of concealed weapons within the

09:25:45 event zone.

09:25:45 And then item number 7, we have a memorandum from council

09:25:49 member Montelione requesting that that workshop be

09:25:52 rescheduled to June 21st at 10 a.m.

09:25:56 And I would like a motion to go ahead and do that.

09:25:58 >>LISA MONTELIONE: So moved.

09:26:04 >>HARRY COHEN: Any discussion?

09:26:07 >>LISA MONTELIONE: I do want to add a person to the

09:26:09 workshop, because we have to do it on council, and that

09:26:13 would be Jaya Goswami.

09:26:19 Jaya, G-O-S-W-A-M-I.

09:26:27 >> All in favor?

09:26:30 Okay. Opposed? All right.

09:26:32 So that will be on June 21st. Okay.

09:26:34 We are going to go ahead and return to our regular agenda.

09:26:38 First we are going to have public comments, but only on

09:26:41 items number 2 and item number 4.

09:26:46 Item number 2 is the text amendment cycle issues, and item

09:26:51 number 4 is the report from TPD on Club Manila.

09:26:54 We will be having public comment on the other items on our

09:26:57 agenda, but that comment will take place during those

09:27:00 individual workshops as we move through them through the

09:27:03 course of the morning.

09:27:03 So if there's anyone from the public that would like to

09:27:06 speak on either of those two items, item number 2 or item

09:27:10 number 4, now is your opportunity.

09:27:19 I don't see anyone for either of those two items so we are

09:27:22 going to move ahead to item 2 and to -- oh, excuse me.

09:27:36 Go ahead.

09:27:36 >> Item 2 is just a presentation to set the public hearing.

09:27:41 So that first batch will go to the privately initiated

09:27:45 amendments.

09:27:46 They don't list downtown and Channel District.

09:27:52 >> We are going to set those three items.

09:27:54 Mr. Shelby, do they have to be read or can those just be

09:27:59 moved?

09:27:59 >> Move all three resolutions.

09:28:02 >>LISA MONTELIONE: I move item 2, resolution A, B and C.

09:28:05 >>HARRY COHEN: Seconded by Councilwoman Mulhern.

09:28:17 All in favor?

09:28:18 Opposed?

09:28:19 Okay.

09:28:20 And we will move on to item number 4, which is a report from

09:28:24 the Tampa Police Department and the legal department

09:28:27 regarding Club Manila.

09:28:29 >> Marc Hamlin, Tampa Police Department.

09:28:37 I have some data since the first of the year.

09:28:39 I believe you got a report last year, at the end of last

09:28:43 year on manila.

09:28:44 There's been some closures on manila so it's been hard to

09:28:48 compare year to date compared to 2011.

09:28:51 For example, we made 12 arrests there in 2011, year to date

09:28:55 from the first of January to the 20th of May.

09:28:58 We made ten arrests in 2012.

09:29:01 Of note, there have been three violent incidents, two in

09:29:05 February, one in March.

09:29:06 We had a stabbing in the bar during a fight.

09:29:09 We also had an employee allegedly choke a victim.

09:29:13 We did not make an arrest in that case.

09:29:15 We did make an arrest in the first case.

09:29:17 And we also had a patron strike another patron with a bottle

09:29:21 and cut their eye open.

09:29:23 We made an arrest in that case.

09:29:24 We had one vehicle stolen out of the parking lot in March

09:29:27 and we made a drug arrest in April in the parking lot as

09:29:30 well.

09:29:30 You may be aware that on April 24th the owner of the

09:29:33 manila Fred Schwartz and two of his employees, Robin walker,

09:29:38 a manager, and another were arrested for refusing to allow

09:29:42 the police to inspect the license establishment, they

09:29:46 actually closed the doors and permitted entry of the police

09:29:49 and put the patrons that could not exit at risk for the fire

09:29:54 marshal and informed the YCDC and police department on April

09:29:59 24th, pulled an assembly permit which means nobody was

09:30:03 allowed to go inside the building.

09:30:04 The club stayed closed till about March 11th.

09:30:08 It's reopened.

09:30:10 The crowds have been a little thinner.

09:30:12 However, every night this T place is open we have to put a

09:30:15 squad of officers out there to block the streets north and

09:30:17 south off of 7th Avenue to prevent the patrons from

09:30:21 going into neighborhoods, and loud music, causing

09:30:25 disturbances.

09:30:27 So it's pretty taxing on our personnel.

09:30:29 So a whole squad of officers out there, making sure traffic

09:30:33 goes east and west without disturbing the neighborhood.

09:30:37 >>FRANK REDDICK: Thank you, Mr. Chair.

09:30:42 In 2012, you indicated 12 arrests?

09:30:48 >> 10, 12 last year from January 1st to May 20th.

09:30:52 >> And this is February of 2012.

09:30:58 Inside the club?

09:31:00 >> Yes, the victim actually didn't realize he was stabbed.

09:31:03 He thought he was being punched in the stomach but he was

09:31:06 actually stabbed and we identified the suspect and charged.

09:31:10 >> And also, I was writing when you were speaking.

09:31:16 I think you stated a patron's Iowas cut?

09:31:23 >> On March 6th, 2012 there was an argument.

09:31:28 >>FRANK REDDICK: And do you know if the club is under the

09:31:35 same ownership as far as now?

09:31:36 >> As far as I know it is.

09:31:38 >>FRANK REDDICK: Now, there seems to be a pattern of

09:31:45 problems from what you just stated from 2012 and from 2011.

09:31:53 Do you know if the owner, off-duty law enforcement to patrol

09:32:00 the club?

09:32:00 >> Yes, they do.

09:32:02 They are outside the club.

09:32:03 >> Do you know the capacity of the club, how many officers

09:32:07 they are supposed to have?

09:32:08 >> I believe it's two officers.

09:32:13 The fire marshal capacity -- you said patron-wise?

09:32:18 Right.

09:32:18 >> And do you know if they also have security garden side

09:32:21 the club?

09:32:22 >> Well, they have security personnel.

09:32:24 As a matter of fact, we arrested one of the security

09:32:26 managers, the owner and the two employees wouldn't let us

09:32:30 into the bar in April.

09:32:31 >> Okay.

09:32:31 >> There's one thing to have security and one thing to have

09:32:37 trained security.

09:32:39 I couldn't distinguish between the two.

09:32:40 >> All right.

09:32:43 Mr. Chair, is the owner of this club here today?

09:32:50 Anybody from the club here today?

09:32:54 Okay.

09:33:00 I'm concerned because there seems to be an ongoing problem

09:33:05 at the club.

09:33:05 And I thought the owner or some representative would be here

09:33:09 to explain why they are having all these problems at the

09:33:13 club.

09:33:14 And what is their plan of action to try to discourage some

09:33:21 of these problems or at least eliminate what has taken place

09:33:28 because I am very familiar with the establishment, and it

09:33:34 just seemed to me -- let me ask you, is this taking place on

09:33:39 that Monday night when I think they have young adults or

09:33:43 young people?

09:33:46 >> Captain O'Connor, he knows, but I have the dates here of

09:33:50 when they reopened after April, and we had about 100 patrons

09:33:54 on May 11.

09:33:55 But the days of the week, I will let captain O'Connor.

09:33:58 He's a little more familiar with the history.

09:34:00 >> Captain O'Connor, TPD.

09:34:02 Yes, Monday night is predominantly the busy night for Club

09:34:05 Manila.

09:34:06 As you know, the club scene, there are different nights and

09:34:09 Monday night is their busiest night.

09:34:11 >>FRANK REDDICK: I know on Friday nights they also have

09:34:18 most adult go there on Friday night.

09:34:22 Are you having any problem with the club on Friday nights?

09:34:25 >> I was there Monday their busiest night and most of the

09:34:29 problems we are speaking of was Monday night.

09:34:31 The big incidents were on Monday night.

09:34:33 >> Okay.

09:34:34 >> But they allow 18 and up every day of the week.

09:34:38 But according to the owner, on a Friday they get an older

09:34:41 crowd.

09:34:41 On a Monday, they get the younger crowd.

09:34:44 >>FRANK REDDICK: The people that were arrested, for

09:34:51 refusing to come in and do their check, do you know if they

09:34:55 are still incarcerated or whether they are out?

09:34:58 >> All three of them bonded out and the charges are pending.

09:35:02 There's been no disposition on the cases.

09:35:05 >>FRANK REDDICK: Does law enforcement have a recommendation

09:35:10 for remedy for this club?

09:35:14 >> I think that ties in basically with the nightclub

09:35:16 regulations, the workshop we are having, to get everyone on

09:35:21 the same page.

09:35:21 >>FRANK REDDICK: Okay.

09:35:24 Thank you, Mr. Chair.

09:35:25 >>HARRY COHEN: Any other questions by council members?

09:35:27 Thank you very much.

09:35:30 We are going to move on now to our workshops.

09:35:34 Item number 5 is first.

09:35:36 And that is the discussion of business regulations for

09:35:41 nightclubs.

09:35:42 We are going to first hear from Rebecca Kert from the city's

09:35:46 legal department.

09:35:47 And then we have two presentations.

09:35:49 And then we will open it up for public comment.

09:35:51 >>REBECCA KERT: Legal department.

09:35:55 Just to remind City Council how we got there, there was

09:35:58 originally a motion, I believe towards the end of last year,

09:36:01 asking the legal department to investigate whether or not

09:36:04 there's any way that we can regulate nightclubs.

09:36:06 We came back with a report that we do believe that you have

09:36:09 the legal ability to regulate nightclubs.

09:36:12 At that time, you asked me to work with the Tampa Police

09:36:15 Department to come back with some more specific options and

09:36:19 recommendations for you to consider.

09:36:25 To regulate nightclubs, how we recommend you do that is by

09:36:29 amending your chapter 6 which is your business operating

09:36:32 permit.

09:36:34 And by regulating nightclubs as opposed to regulating use,

09:36:38 there is no grandfathering so it applies to all nightclubs

09:36:40 across the board.

09:36:42 Clearly, the first issue is what is the definition of

09:36:46 nightclubs?

09:36:47 And we looked across the country, particularly across the

09:36:50 state, and places that regulate nightclubs differently than

09:36:54 they regulate alcohol.

09:36:55 For example, New York City, they license the individual but

09:36:59 as opposed to how the council regulates special use permits,

09:37:03 they don't regulate that at all.

09:37:05 They regulate the underlying use.

09:37:07 So we tried to find some definition that was neither over

09:37:11 inclusive or underinclusive.

09:37:13 We are trying to target the establishments that everyone

09:37:17 thinks of when they envision a nightclub.

09:37:19 Option one, we believe, comes the closest to that.

09:37:22 We modified it slightly from one that is used in West Palm

09:37:26 Beach county, and some other smaller jurisdiction as cross

09:37:29 the state.

09:37:32 And it's basically a two-part test.

09:37:34 The first one, if you satisfy any of these factors then you

09:37:38 are considered a nightclub, and that is if you charge a

09:37:40 cover charge, door charge, required contribution, or

09:37:43 one-time membership fee, or you have a minimum drink

09:37:46 purchase requirement.

09:37:47 If you have either of those two you would be a nightclub.

09:37:50 The other way you can be a nightclub is if you meet three of

09:37:53 the four.

09:37:54 And the first one would be there's a dance floor, open area

09:37:58 used by patrons for dancing or viewing of live

09:38:02 entertainment.

09:38:03 The second is if you are open to the public between 11 p.m.

09:38:07 and 8 a.m.

09:38:08 The third one is that your maximum capacity is over 250

09:38:12 people. And third, describing it as an entertainment event

09:38:16 or engagement such as a house party, rock band, snipes.

09:38:22 We dropped another requirement so it would have been 3 out

09:38:27 of 5.

09:38:28 The fifth one was that you have a viewing area for live

09:38:30 entertainment, and we dropped that one because we felt that

09:38:34 that could easily encompass something like the Performing

09:38:37 Arts Center or the Columbia restaurant, and we were trying

09:38:40 not to do that.

09:38:41 Somebody has mentioned 2-A also lists that you have an area

09:38:47 viewing of live entertainment.

09:38:49 And if City Council is to go forward we can consider

09:38:53 dropping that.

09:38:54 Just to be perfectly clear, that I think we could do that

09:38:59 without creating a really large loophole for establishments

09:39:02 that are nightclubs.

09:39:07 That would be a recommendation if we choose to move forward

09:39:10 on.

09:39:11 That as to the specific recommendations, the first one I

09:39:14 would like to talk about is the extra duty law enforcement

09:39:17 to remind City Council, currently, City Council's code

09:39:19 requires extra duty law enforcement only for places in Ybor

09:39:23 City, Channelside, and the central business district that

09:39:27 receives an alcohol beverage special use permit after a date

09:39:30 specific in 1995.

09:39:31 That is the number of establishments that were outside of

09:39:35 those areas or existed prior to 1995 that are required to

09:39:39 get no off-duty officer at any time.

09:39:41 Currently the requirement is that you have two extra duty

09:39:44 officers, and the occupancy is 250 people it's to make this

09:39:55 city-wide and if you are going to have it for one specific

09:39:58 sort of establishment it makes accepts to have it city-wide.

09:40:00 In addition, Tampa Police Department feels that it's

09:40:04 important to have an escalating requirement based on the

09:40:07 number of people.

09:40:08 Right now, if you have 250 people, you have to have two

09:40:11 extra duty officers.

09:40:12 But if you have 1200 people you are still only required to

09:40:15 have those two extra duty officers.

09:40:18 And as you heard mentioned in the prior establishment, when

09:40:22 you have a really large club and everyone is leaving that

09:40:25 establishment at the same time, it requires law enforcement

09:40:29 people from other areas in the city or other areas, other

09:40:35 areas of Ybor City, to deal with that establishment.

09:40:39 And this would be requiring the individual establishment to.

09:40:47 And the request is that the officers be required to be hired

09:40:50 for a four-hour minimum and stay a half hour after closing.

09:40:54 The second one deals with the crowd management training.

09:40:57 This is a requirement under the fire marshal.

09:41:02 We talked previously about what is a good way to effectuate

09:41:06 that and there's a number of different approaches.

09:41:08 But for large nightclubs, it seems those are the critical

09:41:13 places to ensure that you have someone on duty who has had

09:41:16 this crowd management training.

09:41:18 The third one is the suspension and revocation process based

09:41:22 on criminal activity and other violation.

09:41:26 And the point is I think critical to the entire process.

09:41:31 There are many times that City Council, Tampa Police

09:41:32 Department, citizens, had asked why two murders in a club we

09:41:42 can't do anything, why do you have five people arrested for

09:41:45 smoking marijuana in a club you can't do anything?

09:41:48 And we can't do anything because we don't regulate

09:41:50 nightclubs in that manner so our option, is it a nuisance?

09:41:55 And under the abatement board?

09:41:59 And it is not.

09:41:59 It allows us to go for felony drug sales, prostitution,

09:42:03 prescription drug sales.

09:42:04 It doesn't cover some of these other items and other crimes

09:42:09 that I think everyone else logically feels that we ought to

09:42:13 have a way to deal with establishments that have a peek

09:42:19 criminal activities and this would allow us to do it.

09:42:22 Obviously we would create a process where we have notice,

09:42:26 and the issues that we are looking at as possible

09:42:33 violations, revocation or suspension, for use of felony

09:42:38 controlled substances, unlawful diversion of fraud involving

09:42:42 any prescription medication, unlawful use of possession of a

09:42:45 firearm, homicide, aggravated battery, sexual battery,

09:42:49 robbery or carjacking, crimes against property including

09:42:52 burglary, grand theft, motor vehicles, sale of alcohol to

09:42:55 minors, possession of alcohol by minors, sale of tobacco

09:42:59 products by minors and criminal possession of marijuana as

09:43:02 defined by statute.

09:43:03 What we would be recommending is if you had two of any of

09:43:06 the above within six months that you could be brought

09:43:09 forward for suspension or revocation hearing except for

09:43:14 criminal marijuana which would be a minimum of four specific

09:43:18 charges within six months.

09:43:22 At this point, I would like to talk to you a little bit

09:43:25 about an option that several jurisdiction versus already

09:43:27 adopted.

09:43:28 And St. Pete in itself I have been told is considering right

09:43:31 now, and that is a process what they are calling late night

09:43:37 permits.

09:43:37 And what the other jurisdiction versus done is they have

09:43:40 changed the closing hours for places that sell alcoholic

09:43:43 beverages to midnight.

09:43:45 If you wish to stay open past midnight, you have to come in

09:43:48 and apply for what is called a late night permit.

09:43:51 Then if you violate any number of provisions, you can have

09:43:56 your hours of operation, that privilege to stay open those

09:44:00 extra two to three hours, and there's a lot of good reasons

09:44:04 for doing that.

09:44:05 You don't have a property right and there's extra hours of

09:44:09 operation.

09:44:09 The reason we are not recommending that to City Council is

09:44:12 as City Council I'm sure is aware, when you pass -- not you

09:44:16 in particular but the city in general, at least the past

09:44:20 decade, has approved alcoholic beverage places there are

09:44:23 many places which by specific ordinance for that particular

09:44:26 property has their own hours of operation and some of those

09:44:29 are 1:30, some 2, some 11:30 but then you can't go back,

09:44:35 when those have been adopted through an individual public

09:44:38 hearing and then mandate something less than what they have

09:44:40 already been granted so it doesn't work in our particular

09:44:43 situation, although it has been done successfully in many

09:44:47 other jurisdictions.

09:44:49 The next requirement that we are providing as an option to

09:44:53 City Council is to require bouncers to be licensed as

09:44:56 security guards.

09:44:57 Currently, the I ask code requires for those establishments

09:45:00 again just in Ybor City, Channelside, and downtown, that

09:45:04 they have one security officer for 150 people, but there's

09:45:08 no requirement that person have any sort of training or be

09:45:13 screened for anything.

09:45:18 This has been done, and I believe it's West Palm Beach,

09:45:22 where they made this requirement.

09:45:23 It's why the lower tiers of security officer.

09:45:27 I believe it's a $45 fee, approximately like maybe another

09:45:33 40 or $45 for fingerprinting.

09:45:36 But that provides, I believe, approximately 40 hours of

09:45:41 training, although I would have to verify that number, but

09:45:43 some level of training intelligence a background check.

09:45:47 The last one -- and let me just say briefly, I just want to

09:45:52 remind discount that -- City Council that I asked this to be

09:45:55 set for workshop as opposed to a staff report or coming back

09:45:58 with anything really specific.

09:45:59 And I wanted to do that because I wanted everyone to have

09:46:02 the opportunity to hear the proposals in the same way as

09:46:06 opposed to meeting with, you know, ten different groups.

09:46:09 They all end up hearing something slightly different.

09:46:12 And more importantly they don't end up hearing each other

09:46:15 and you don't end up hearing directly from them.

09:46:17 So I set this for a workshop and I am sure you are going to

09:46:21 hear from a lot of people.

09:46:22 With that, the last recommendation is regarding people under

09:46:27 21.

09:46:28 And I do have to make two corrections to the information

09:46:31 that I passed out.

09:46:32 I said there were 24 cities and counties across the state.

09:46:35 That was a scrivener's error, and I can say that because I

09:46:40 clearly could not read my notes but I am aware of 21 cities

09:46:44 and counties.

09:46:44 There may be more.

09:46:45 There's not an easy what I to search all of the codes and

09:46:48 ordinances.

09:46:51 I have been able to document 21 of them.

09:46:53 And the other thing that I need to clarify is Gainesville

09:46:57 prohibits people under 21 from entering establishments once

09:47:01 there's a certain number of violations.

09:47:03 And I believe it's also Deltona as well.

09:47:06 And the rest of the jurisdictions as far as I'm aware have a

09:47:10 blanket prohibition from people under 21 being in an

09:47:13 establishment that sell alcoholic beverages.

09:47:15 Obviously, they have some exceptions to that for

09:47:17 restaurants.

09:47:19 If they are in the presence of a parent or guardian, if they

09:47:24 are in the military, among other exceptions.

09:47:27 Gainesville, I believe you have someone from Gainesville who

09:47:30 can speak more specifically about that, and I can brief you

09:47:33 on that since you have the professionals here I will allow

09:47:36 them to do that.

09:47:37 TPD is here.

09:47:38 We also are fortunate enough to have Keith Hamilton from the

09:47:42 state here.

09:47:43 I don't believe they are planning on making any presentation

09:47:45 but they are available for questions.

09:47:47 >>FRANK REDDICK: You say Deltona or Daytona?

09:47:52 >> Deltona.

09:47:55 And if anybody wants I can provide the list.

09:47:57 >>HARRY COHEN: Any other additional questions by council

09:48:03 members before we continue with the presentation?

09:48:05 >>LISA MONTELIONE: Yes, Ms. Kert, one thing -- well, many

09:48:11 things that you said caught my attention, but one of them

09:48:14 was the hours of operation, and if we were to look at the

09:48:24 after midnight regulations that some cities have, and I have

09:48:27 looked at some proposals from the various jurisdictions.

09:48:34 And if we were to have a conditional use permit, or have

09:48:47 this particular type of alcoholic beverage license, or

09:48:53 4(COP) or whatever, if we were to have that sort of process

09:48:58 in place, the establishments that we have already granted

09:49:04 hours of operation under special use permit during a public

09:49:09 hearing would not have to comply with that new regulation?

09:49:14 >>REBECCA KERT: The short answer is correct, what you said

09:49:21 is in fact correct.

09:49:22 As I said earlier the way that most jurisdiction dots is

09:49:25 they set a blanket time for places that sell alcoholic

09:49:28 beverages, and they set that as midnight.

09:49:33 The reason that I propose doing a nightclub regulation such

09:49:37 as extra duty, et cetera, et cetera, as opposed to tying it

09:49:40 to the alcoholic beverage sales, is so that you are not

09:49:43 dealing with all these grandfathered issues.

09:49:45 This is a separate entity from just an establishment that

09:49:49 sells alcohol.

09:49:50 This is a unique entity that we have identified nightclubs.

09:49:53 And it's a business regulation.

09:49:55 And therefore they are not grandfathered in.

09:49:57 They may have the ability to sell alcohol till 2 a.m., but

09:50:02 through the nightclub regulation they may not be able to

09:50:05 operate their nightclub till 11.

09:50:08 I am not saying that's one of the suggestions but I'm just

09:50:10 trying to distinguish.

09:50:11 You can do things separately if you are targeting -- if the

09:50:17 establishment that you are trying to regulate are

09:50:19 nightclubs.

09:50:19 >>LISA MONTELIONE: So if we granted a special use permit

09:50:26 under a public hearing process previously, and then we

09:50:36 hypothetically pass an ordinance regulating nightclubs,

09:50:41 those additional regulations for nightclubs would apply

09:50:44 across the board no matter what hours of operation or other

09:50:49 conditions we may have set during the process, the public

09:50:54 hearing process, for special use permits?

09:50:59 >>REBECCA KERT: That's correct.

09:51:00 >>LISA MONTELIONE: So maybe more clearly, can you tell me

09:51:05 when it would not -- when they would not be in effect

09:51:11 grandfathered in?

09:51:12 Just so I am clear.

09:51:13 >>REBECCA KERT: My understanding -- it's not an easy

09:51:16 concept to articulate and I am not doing it well, but we

09:51:21 regulate in the city alcoholic beverages.

09:51:23 And we regulate them based upon the property.

09:51:26 And we grant them a special use permit, what used to be

09:51:30 called a wet zoning. They do those in quasi-judicial

09:51:33 hearings where everyone has a notice and opportunity to be

09:51:35 heard.

09:51:38 Once someone does that they have a property right, and you

09:51:40 can't say now we are going to regulate alcoholic beverages

09:51:43 and do it differently and we are going to take away what we

09:51:45 have previously granted you in your own unique hearing.

09:51:49 But if we are not regulating alcoholic beverages, but we are

09:51:52 instead regulating a nightclub, then you are not fighting

09:52:01 through all those grandfathered issues.

09:52:02 >>MARY MULHERN: Thanks for asking that question,

09:52:07 Councilwoman, because that is what I was trying to

09:52:10 understand.

09:52:10 I'm not sure I'm there yet.

09:52:14 What I want to understand then is if we do adopt the

09:52:18 nightclub regulations, can we regulate the nightclubs'

09:52:24 hours?

09:52:25 >>REBECCA KERT: Yes.

09:52:27 >>MARY MULHERN: So you could do it based on that.

09:52:28 You just can't change the hours of operation of the actual

09:52:35 ability to sell alcohol?

09:52:39 Is that what you are saying?

09:52:41 >>REBECCA KERT: Yes.

09:52:41 They may have the ability to sell alcohol till three but

09:52:44 they may not have the ability to run a nightclub till three.

09:52:46 >>MARY MULHERN: So what would that mean?

09:52:51 They would not have to let anybody in the door?

09:52:55 >>REBECCA KERT: I'm not suggesting -- and this isn't on the

09:52:58 list of recommendations to you.

09:52:58 This is more of a hypothetical.

09:53:01 >>MARY MULHERN: Right.

09:53:03 But if we were to --

09:53:06 >>REBECCA KERT: If you wanted to, you could say nightclubs

09:53:09 have to close at midnight.

09:53:10 And then they would have to close.

09:53:14 >>MARY MULHERN: Thank you.

09:53:16 >>HARRY COHEN: Ms. Kert, just one question from me.

09:53:21 You talked about security, guard training for bouncers.

09:53:24 I was wondering, the people that check IDs at the door, do

09:53:27 they themselves have to be 21?

09:53:29 >>REBECCA KERT: I don't know.

09:53:30 I would have to ask Tampa Police Department.

09:53:34 No, they do not.

09:53:35 >>HARRY COHEN: No, they do not.

09:53:37 Thank you.

09:53:38 Mr. Reddick.

09:53:38 >>FRANK REDDICK: But you have to be at least 18 to be in

09:53:41 the club, right?

09:53:42 If you are going to a club?

09:53:44 They have to be at least 18 to go into a club?

09:53:46 >>REBECCA KERT: Everyone is telling me yes.

09:53:50 I am not aware of a regulation --

09:53:54 >>FRANK REDDICK: How old do you have to be to drink?

09:53:58 >> 21, legally.

09:53:59 >>FRANK REDDICK: Legally.

09:54:03 So you have to be 21?

09:54:04 >>REBECCA KERT: You have to be 21 to legally drink alcohol,

09:54:07 yes.

09:54:07 >>FRANK REDDICK: So you can go in a club at 18 about but

09:54:11 you can't buy liquor.

09:54:14 >>REBECCA KERT: Not legally buy liquor, yes.

09:54:16 >>HARRY COHEN: But the person checking your ID could

09:54:20 determine you are 21?

09:54:23 >>REBECCA KERT: Correct.

09:54:25 >>FRANK REDDICK: That's what I was getting to.

09:54:27 >>HARRY COHEN: Okay, commissioner?

09:54:35 >> Good morning.

09:54:36 I thank you for the invitation to be here with you today.

09:54:38 I'm Jeanna Mastrodicasa.

09:54:47 I termed out a week ago so I am really here as a private

09:54:51 citizen.

09:54:52 So I am here to tell you about what we have been doing in

09:54:54 Gainesville, and to tell you how we have been able to

09:54:56 address some of these issues.

09:54:59 As you can imagine some are very different, some are very

09:55:02 similar, but we are under the constraints of the same

09:55:04 regulations and process.

09:55:05 So I do have a PowerPoint presentation.

09:55:08 I think it's going to magically appear.

09:55:10 There it is.

09:55:11 My day job is assistant vice-president for student affairs

09:55:14 at the University of Florida and I serve on the community

09:55:17 alcohol coalition which includes the university

09:55:20 stakeholders, business groups, and chaired by the president

09:55:26 of the University of Florida.

09:55:47 We were told basic things we could regulate are hours of

09:55:51 operation, and what time facilities are opened and closed

09:55:53 which you also heard from your legal staff, as well as the

09:55:57 age limit.

09:55:58 They can be 21 and up, 18 and up, however you chose to do

09:56:02 it.

09:56:02 In the city of Gainesville as you can imagine we do have a

09:56:05 significant population who is under the age of 21 that do

09:56:09 like to socialize.

09:56:11 So it was definitely on our mind and on the mind of our

09:56:14 business owners.

09:56:15 A couple things that we have learned along the way we cannot

09:56:19 do, we cannot do things like regulate excessive drink

09:56:22 specials by local government.

09:56:25 So five for one you can do that legally in the State of

09:56:28 Florida.

09:56:29 We don't specifically regulate the alcohol licenses per se.

09:56:32 That is left up to the state.

09:56:34 One of the things that we have specifically requested on our

09:56:38 annual legislative request is the ability to regulate drink

09:56:41 specials and the act to regulate keg sales, because the

09:56:49 person who twice keg isn't necessarily monitoring who is

09:56:52 drinking out of the keg and that is kind of a big deal in

09:56:55 Gainesville and we can't do that also.

09:56:57 We also don't have an ability like you heard from your legal

09:56:59 staff, you can't really go back and change sort of the

09:57:03 density and make big changes related to property rights

09:57:06 because of the way all this operates.

09:57:08 So we are really focused on hours of operation, 21 and up,

09:57:12 and what are some of our challenges?

09:57:14 Some of our bigger challenges that we had, number one, we

09:57:19 were spending a locality more money each year on over time

09:57:22 for police officers, and the example actually you heard

09:57:24 about your specific club here today was the kind of issue

09:57:29 you were facing where you have one club where a lot of

09:57:32 policest was put into monitoring one facility.

09:57:35 And meanwhile, you have many other clubs nearby that are

09:57:39 very responsible, not causing any problems.

09:57:41 But there wasn't a way to treat it differently, there wasn't

09:57:44 a way that we couldn't send them a bill, et cetera,

09:57:47 et cetera.

09:57:47 So there's a lot of that kind of issue.

09:57:49 A lot of underage drinking and overconsumption of alcohol.

09:57:54 And underage drinking is certainly not unique to

09:57:56 Gainesville, and I other college students long ago invented

09:58:05 this.

09:58:06 It is something we continuously face and our end goal is to

09:58:09 make sure people are safe and they are not being excessive.

09:58:12 That's really all we are trying to take care of.

09:58:15 Crowd management, you heard about some of the issues here

09:58:17 from your police department today.

09:58:19 We were facing a lot of the same problems.

09:58:24 An example is we had one place that has a restaurant

09:58:27 actually, and it had a limit of about 90 people.

09:58:31 And when the police went -- fire marshal went in one night

09:58:35 they had 250 people in there, and I have to tell you, it's a

09:58:38 place I go to eat sometimes and I would not want to be in

09:58:41 there with 250 people ever.

09:58:43 It was seriously a lax situation.

09:58:47 We have football Saturdays, and we have to manage those very

09:58:51 specially.

09:58:51 It's a big day all around for a lot of reasons.

09:58:54 And then there's logistics related to our hospitality

09:58:58 district.

09:58:58 What happens to the trash?

09:59:00 How is the traffic management work?

09:59:03 Where is everybody parking?

09:59:04 We had very aggressive trespass towing.

09:59:08 Making sure all of this comes together.

09:59:10 So the two big things that we went ahead and really focused

09:59:14 on were trying to make sure we were tracking the data and

09:59:18 knowing what was happening.

09:59:19 So with our community alcohol coalition we started tracking

09:59:24 major violations, specifically underage drinking violations

09:59:28 in each club.

09:59:29 We also tracked other events like bartender underage sales

09:59:36 or fights or whatever else.

09:59:37 We started tracking it and recording it quarter by quarter

09:59:41 and we have and continue to have a spreadsheet of every

09:59:44 single club, and you can see how everybody stacks up.

09:59:46 And the good news is, most of your bars are doing a great

09:59:51 job, and the data proves it.

09:59:52 It's a handful of violators that are causing the problem.

09:59:55 And we have a great amount of stakeholders here today.

10:00:00 These are your engaged citizens, the ones who continue to

10:00:03 have a vibrant hospitality district.

10:00:06 We have continued with our training.

10:00:08 Like I know you do here we train the folks who check IDs,

10:00:12 we train the folks who do general security management kind

10:00:15 of stuff.

10:00:15 But we were doing that.

10:00:17 We do it very regularly.

10:00:18 We do it at least once a semester because the personnel

10:00:20 changes.

10:00:21 We have reached out to alcohol beverages and tobacco, and

10:00:25 strength then our relationships with the director in

10:00:28 Tallahassee as well as our local agents.

10:00:30 I will say that they are extremely understaffed.

10:00:33 They have a huge region to do their job properly.

10:00:38 It's really painful for us to see how little recourse and

10:00:42 what a challenge it is for them to do their job so we rely

10:00:46 on our local police.

10:00:47 Then finally, we had asked the local business group to

10:00:51 voluntarily regulate themselves.

10:00:54 And we put forward all the infrastructure, we provided a

10:00:58 staff person to run the meetings, a lot of stuff, and

10:01:01 honestly, there wasn't much buy-in.

10:01:04 And there was the old story of we recommended you do this,

10:01:08 so can you do this?

10:01:09 There just really wasn't much interest.

10:01:11 So originally they were trying to police themselves and use

10:01:14 the data to try to punish themselves and it didn't really

10:01:16 take off.

10:01:18 So at some point we actually moved to regulate.

10:01:20 But we did ask and give them a lot of opportunity.

10:01:23 We also created a small thing but did it make a difference.

10:01:30 So the two instances we are going to talk about today, the

10:01:33 first is relatively simple, and I think it sounds like you

10:01:36 may have something similar in place already.

10:01:38 We strengthen our crowd management process.

10:01:41 We require a licensed crowd manager to be on the scene, to

10:01:44 show their card if asked at the door so the person at the

10:01:47 door is supposed to have their card that show they attended

10:01:50 the training.

10:01:50 We require them to have a counter to prove they are actually

10:01:54 counting who is coming in and out.

10:01:56 This was something really pursued by our fire department,

10:02:00 and our fire marshal, and the difference, the big thing I

10:02:03 think we did differently on this is we established in our

10:02:06 ordinance the ability for the police department to empty out

10:02:12 the club and we don't have to call the fire marshal.

10:02:14 Because it's 1:00 in the morning.

10:02:16 By the time they get there, things might change.

10:02:18 We actually formally gave police authority to make that call

10:02:22 if needed.

10:02:23 And when it's clearly way over, you have to shut it down,

10:02:27 everybody out.

10:02:28 And it really has made a tremendous difference.

10:02:31 The big takeaway is we are down to almost full compliance at

10:02:35 100 percent.

10:02:36 And I think that makes a really big difference.

10:02:38 I feel much better now with the crowd issue.

10:02:44 The other local ordinance that we did, that I think has made

10:02:48 a tremendous difference, is it simply boils down to this.

10:02:51 It's a compromise with hours, and the 21 and up.

10:02:54 We could have just gone to 21 and up.

10:02:56 That certainly is an option we could have chosen.

10:02:59 I did not think that was the right option for Gainesville.

10:03:01 I did not think it was the right option for the good club

10:03:03 owners that were doing a great job.

10:03:05 Why should they suffer because a handful couldn't follow

10:03:10 regulations? So we set up a relatively complex system that

10:03:13 basically says if you have too many underage drinkers caught

10:03:16 in your club, you have to become 21 and up for a period of

10:03:19 time, 90 days.

10:03:22 And needless to say, it was something that put a lot of

10:03:27 energy into our bar management.

10:03:29 They suddenly got a lot stricter on IDs.

10:03:32 Some of our clubs now have required two IDs.

10:03:34 They are much more aggressive about checking.

10:03:37 It's made a tremendous difference.

10:03:39 We set the threshold if you are a small facility, of under

10:03:44 201 of five violations you have to be 21 and up and 10

10:03:50 violations for the larger.

10:03:51 They go all the way through the court system so it isn't

10:03:54 just that they are accused and gotten a ticket.

10:03:56 We count them after they have gone through that process.

10:04:00 So what has this done for us? What it's really done for us

10:04:03 is the next two slides really quick are just examples to

10:04:06 show you two of our bars.

10:04:10 And this is in 2007-2008 you are looking at 16 underage

10:04:17 drinking citations.

10:04:19 The quarter before that was 48.

10:04:22 48 of them.

10:04:24 35, 7.

10:04:27 Clearly those were extreme examples.

10:04:29 And then same thing when this is a college park neighborhood

10:04:32 is right by campus tends to be more of a college crowd.

10:04:36 Same kind of thing.

10:04:37 Excessive amounts of violations.

10:04:39 So what's happened is we have documented a 56% decrease in

10:04:43 underage drinking in our bars as a result, 66%, and it is

10:04:48 implemented by April 1st, 2009 and we check in every

10:04:51 quarter, we look at things including underage drinking, more

10:04:55 importantly all arrests.

10:04:57 We look at noise violations.

10:05:01 We had more noise problems.

10:05:02 Are we having other disruptions?

10:05:04 Are we having more house parties?

10:05:06 The answer is no.

10:05:06 We are actually -- the problems are not surfacing anywhere

10:05:11 else.

10:05:11 And I think what we have done is engaged our bar owners to

10:05:14 be much more willing to be more strict with their own

10:05:19 facilities.

10:05:20 Because for them there's an economic incentive of losing the

10:05:24 18, 19 and 20-year-olds from their establishments.

10:05:27 We had about five establishments in the last three years

10:05:29 lose their privileges for the period of 90 days.

10:05:32 They have learned their lesson and we haven't had any

10:05:35 repeats so that's another, I think, very large scale

10:05:38 success.

10:05:39 Police and fire are happier with it.

10:05:42 They are much more engaged with the owners and managers.

10:05:45 We were challenged in the court system and we went all the

10:05:48 way up through the district court of appeals and

10:05:50 successfully kept our ordinance in place.

10:05:53 We were named safety city.

10:05:59 We were awarded by the responsible hospitality institute by

10:06:03 being named "safety city."

10:06:06 Also West Palm Beach, the other things, other ways to

10:06:09 improve our situation.

10:06:12 And I think Winter Park may have done something similar

10:06:14 I.didn't know about Deltona, but there's other places doing

10:06:17 it.

10:06:18 And these are the final things that basically are still out

10:06:21 there.

10:06:21 Things we haven't figured out yet.

10:06:23 And I am going to put it out there.

10:06:24 And if you all come up with a way I am happy to help make it

10:06:29 happen.

10:06:29 One of the issues, bar promoter, and it's not with the

10:06:33 concept of bar promoter in general.

10:06:35 It's the ones that don't do a good job.

10:06:38 So what happens is, I'll own a bar, but I will turn it over

10:06:42 to bar promoter for the night, they are in charge, they are

10:06:44 not supposed to be doing all this but they manage the doors,

10:06:48 get a take of the drinks, et cetera.

10:06:51 They have no stake other than to make money and we are

10:06:53 finding a lot of our biggest problems are when certain

10:06:55 promoters take over our bar.

10:06:57 So we have not been able to figure out how to do that.

10:06:59 I mentioned alcohol, beverage tobacco shortage.

10:07:02 We don't have enough late night transportation.

10:07:05 I firmly believe that if there's a entrepreneur out there

10:07:08 looking for a business opportunity, Gainesville could use a

10:07:11 great taxi system.

10:07:14 And then finally, we just don't have a lot of options of

10:07:17 local government level.

10:07:18 We do routinely ask the state to make some changes

10:07:22 policy-wise to allow local governments to do some of these

10:07:25 things.

10:07:25 The alcohol lobby is extremely strong in Tallahassee and we

10:07:29 have not been successful on any of these but we would love

10:07:32 to have the City of Tampa in partnership with all of them.

10:07:34 And then finally, the final slide, I left a lot of contact

10:07:38 information for you as well as the stakeholders.

10:07:40 And I broke it out into what people might know more about.

10:07:46 If you are interested in the legal stuff you can talk to our

10:07:49 legal department, the police issues, if you want to know how

10:07:53 it works you can call myself or the city manager.

10:07:55 With that I will be happy to answer any questions.

10:07:57 I do have -- and I will bring it into your clerk, just a

10:08:01 handout.

10:08:02 And what it is on one side, it just compares the State of

10:08:05 Florida related to other states on the issue of alcoholic

10:08:08 drink specials, and the other site is just a gap in Florida

10:08:12 law and I thought it would be informative for you all.

10:08:14 And I will present that to your clerk.

10:08:16 >>MARY MULHERN: I had one quick question.

10:08:25 That was fantastic.

10:08:26 Thank you.

10:08:30 You solved a lot of our problems, or -- help along the way.

10:08:37 In your PowerPoint you talk about hospitality districts.

10:08:40 Is that an actual regulated -- zoning?

10:08:43 >> All of our items apply city-wide to anywhere that you

10:08:47 consume alcoholic beverages.

10:08:48 We looked at doing regulating nightclubs versus bars versus

10:08:51 restaurants.

10:08:52 We were unable to do that mostly because a lot of our

10:08:56 establishments in Gainesville may start off as a restaurant

10:08:58 by day, and then it kind of turns into a nightclub by night.

10:09:02 In fact, many people had no idea it turns into a nightclub

10:09:05 at night or reverse so that it is a restaurant by day.

10:09:08 The alcoholic beverages are regulated by can you consume

10:09:12 them on the premises by drink?

10:09:14 And that's what we are regulating, city-wide.

10:09:17 >>MARY MULHERN: So I did it without the option that our

10:09:20 legal department is talking about.

10:09:23 >> That in might be more applicable for you all but we did

10:09:27 not find that was best bus when we looked at trying to

10:09:29 establish a definition, it was the same place but some

10:09:32 people would tell you it's a restaurant, some people would

10:09:34 tell you it's a bar.

10:09:35 >>MARY MULHERN: That sounds familiar.

10:09:39 >> It probably does.

10:09:40 But like I said, I don't think our current local folks have

10:09:43 invented anything new.

10:09:45 >>HARRY COHEN: Thank you.

10:09:47 Anyone else?

10:09:48 Councilwoman Montelione.

10:09:49 >>LISA MONTELIONE: First I want to thank you for coming all

10:09:52 the way from Gainesville and for our late-night discussions

10:09:56 about what you have been able to accomplish in Gainesville.

10:09:59 So thank you for that.

10:10:02 It's very gracious of your time.

10:10:06 From the copies that I have during our discussion, this is

10:10:11 accomplished with two different sections of code and

10:10:16 regulations.

10:10:16 One is the assembly, safety regulations, and the other is

10:10:21 the underage prohibition and alcoholic beverage

10:10:25 establishments.

10:10:25 >> Yes.

10:10:29 >>LISA MONTELIONE: And together that's how you have been

10:10:31 able to accomplish your goals.

10:10:33 And I have to tell you -- and this has all come forward -- I

10:10:40 have had comments and maybe we will hear some of them today

10:10:45 that, oh, what they did in Gainesville isn't going to work

10:10:48 here.

10:10:49 And I'm not sure where the heartburn is coming from, because

10:11:00 the only part to me that seems maybe more expensive for us

10:11:06 is the checking and whether or not they are violating, and

10:11:13 how many underage drinkers are in the establishment, because

10:11:18 that would require police to schedule -- and I don't want to

10:11:22 say regular raids, because, you oh know, if someone expects

10:11:28 it, they are going to do a little bit better.

10:11:30 So talk to me a little bit about how -- in the ordinance it

10:11:35 mentions -- and you mentioned it during your discussion --

10:11:39 that about once a quarter.

10:11:42 We go in and check.

10:11:43 So are the business own areas wear you are going to do this?

10:11:47 And I think you mentioned semester, which I felt was

10:11:52 interesting because being a college town --

10:11:57 >> Sure.

10:11:58 >>LISA MONTELIONE: Maybe are they on their best behavior?

10:12:03 >> well, the data are collected throughout the whole time.

10:12:05 So it's on regular patrols, the police will walk through a

10:12:09 bar. If they see somebody they think might be underage,

10:12:11 they'll card them.

10:12:14 I have been in enough ride-alongs to tell you it does not

10:12:18 spot take that much training to spot a table of underage

10:12:22 drinkers, and I'm sure the owners can agree with you because

10:12:26 they put the drink down, they kind of slide it over, a few

10:12:29 other things, but it isn't really -- it's routine policing,

10:12:35 the hospitality district.

10:12:36 And they work very hard to make sure they are being fair

10:12:39 about it because of course the first thing, oh, you are just

10:12:41 coming into my bar.

10:12:42 So think they make sure they are going, routinely on a

10:12:46 regular basis, nowhere extra.

10:12:48 And then if they do issue any citations for underage

10:12:51 drinking they take note whereof it was and they just compile

10:12:55 the statistics.

10:12:56 They report it quarterly because that was the most

10:12:58 sufficient way to report it.

10:12:59 I ma may be better to report it monthly.

10:13:02 It may be better less frequently for you but it is just data

10:13:05 collected and then just aggregated by the quarter.

10:13:09 >>LISA MONTELIONE: I also went on a raid and I found it

10:13:16 very interesting because many of the people taken out of the

10:13:18 club weren't even from Hillsborough County.

10:13:20 They were from other places.

10:13:23 Who came to Tampa to drink or celebrate or what have you.

10:13:39 What I had wanted to see was holding -- and Mrs. Kert talked

10:13:44 about this a little bit -- is holding the bar owners

10:13:47 responsible.

10:13:47 And sometimes the club owner and the property owner are the

10:13:52 same person or entity, but many times they are not.

10:13:57 One person owns the property and another person operates the

10:14:01 establishment in that property.

10:14:03 And finding a way to hold people accountable is kind of what

10:14:13 I would like to see, because the people who work there, you

10:14:18 know, they are there for a paycheck.

10:14:20 And some of them are students, as you pointed out.

10:14:23 Some of the people standing at the door checking IDs are

10:14:26 students themselves, or not 21.

10:14:30 You know, they are just trying to make a living.

10:14:32 >> Exactly.

10:14:36 >>LISA MONTELIONE: So what I observed is if they were

10:14:39 really doing their job they run the risk of being fired,

10:14:41 because now they are keeping out people who potentially are

10:14:47 customers of the bar owner, and if they don't do their job,

10:14:51 they run the risk of being arrested.

10:14:54 So holding the employees responsible is a concern of mine.

10:15:02 And some of the regulations that we have discussed with our

10:15:06 own legal staff, and some of the regulations you have

10:15:09 discussed, also hold the customers and the patrons and the

10:15:17 employees responsible.

10:15:18 But how do we -- how do we have the bar owners and the

10:15:21 property owners engaged in running --

10:15:27 >> Well, this is really the challenging question, is when

10:15:31 you don't have people willing to be accountable, how can you

10:15:34 make changes?

10:15:35 In a perfect world, by owner a license to sell alcohol, that

10:15:40 should make you extremely accountable.

10:15:42 For the vast majority of people who do they are extremely

10:15:46 accountable.

10:15:47 They are very good about it.

10:15:48 The ones who are not -- and they are the minority -- the

10:15:51 economic incentive for underage drinking prohibition order

10:15:56 really forced a lot of change in our community.

10:15:58 That was really it.

10:16:01 And all it is, we are not saying you can't sell alcohol

10:16:04 anymore because we are not regulating your alcohol sales.

10:16:06 We are just saying you can't let 18, 19, 20-year-olds into

10:16:10 your club.

10:16:11 You lose that privilege.

10:16:12 We got a tremendous amount of buy-in and interest in taking

10:16:15 care of it.

10:16:15 On the issue of the property owners, one of the things that

10:16:19 we have been doing is, if they are different property owners

10:16:22 to are a particularly difficult club, we have actually asked

10:16:25 our police to meet with the property owners, or send a

10:16:28 letter if they don't live in town, and a lot of property

10:16:31 owners are people we know, and are good citizens.

10:16:35 They had no idea their club was being difficult.

10:16:38 And it has resulted in some change as well.

10:16:40 And it may be a formal process where you all draft a letter

10:16:44 to the property owner and say, by the way, here are the

10:16:46 problems, if there's anything you can do.

10:16:48 Most good citizens are very happy to say, now what?

10:16:51 I think it's time for your lease to end, or if this doesn't

10:16:54 end, we will end your lease, or whatever it might be.

10:16:57 But we have had some change in that order as well.

10:17:00 The end of the day, the alcohol licensing laws are quite

10:17:05 challenging to be able to hold them accountable through that

10:17:10 process if they are acting beyond for the typical

10:17:14 appropriate bar owner.

10:17:15 So this gives you, the local government, something else that

10:17:18 you can do to make a difference.

10:17:21 And I'm very pleased that almost -- when we documented the

10:17:27 two-thirds drop in underage drink, I have to confess I

10:17:31 didn't even believe it.

10:17:32 It sounded too high.

10:17:34 But indeed the numbers back it up.

10:17:36 And it stayed there.

10:17:37 >>HARRY COHEN: Councilman Reddick.

10:17:41 >>FRANK REDDICK: Thank you for the presentation.

10:17:44 And I just have one question for you.

10:17:47 I noticed in your presentation you stated that training was

10:17:51 provided by police and fire regarding safety and alcohol

10:17:55 management.

10:17:57 And you also stated training of crowd, manager.

10:18:02 My question is, who pay force that training?

10:18:06 >> We actually do it ourselves as part of the city of

10:18:09 Gainesville does, because we do ask our police and fire to

10:18:11 do it, and they coordinate with our ABC agents so it's

10:18:16 usually part of the fire safety.

10:18:18 Part of it is how to check IDs and part of it is just

10:18:22 general alcohol licensing, and they include all of it, and

10:18:25 from there you will be certified.

10:18:26 So we take on that cost ourselves, because that way we know

10:18:29 it's being done properly.

10:18:31 We may eventually get to a point where we have to charge for

10:18:34 it or something like that.

10:18:35 But we have been able to provide it with in-kind services.

10:18:39 >> So you have each bar to send their representative to this

10:18:45 training?

10:18:45 >> Right.

10:18:46 Answer once you have been trained, theoretically you don't

10:18:50 have to come back.

10:18:52 We have people come back every time sometimes, and I have

10:18:57 attended more than one of them and I have learned something

10:19:00 every time.

10:19:04 I look forward to hearing from your citizens.

10:19:06 >>HARRY COHEN: Next we have Corporal Scott Sitton, and

10:19:08 Deputy Larry Morrell, Hillsborough County Sheriff's office,

10:19:10 alcohol vendor enforcement division.

10:19:25 We need to take an five-minute recess and then we will be

10:19:28 right back with you.

10:19:29 Thank you.

10:19:29 (Recess)



10:26:34 [Sounding gavel]

10:26:35 >>HARRY COHEN: City Council is called back to order.

10:26:38 Roll call.

10:26:39 >>FRANK REDDICK: Here.

10:26:41 >>MARY MULHERN: Here.

10:26:42 >>HARRY COHEN: Here.

10:26:43 >>LISA MONTELIONE: Here.

10:26:43 >>HARRY COHEN: Thank you. Okay.

10:26:47 We are going to continue with our workshop now, and we are

10:26:52 going to hear from Corporal Sitton and Deputy Morrell from

10:26:57 the Hillsborough Sheriff's office.

10:27:01 >> Thank you for inviting me out here, Councilwoman

10:27:04 Montelione, and assisted by Marcus.

10:27:11 I will give you a brief overview of what the sheriff's

10:27:14 office does, the vendor enforcement program, established in

10:27:20 2006 referenced to our DUI task force unit.

10:27:22 We were combating a terrible problem in Hillsborough County

10:27:25 as far as DUIs and the numbers of fatalities and injuries,

10:27:29 and we decided to have a task force involving all agencies

10:27:32 in Hillsborough County including TPD, Temple Terrace,

10:27:34 University of South Florida, highway patrol.

10:27:36 We did such a great job in the numbers.

10:27:38 However, the fatalities and injuries were still there.

10:27:40 So we figured the education level would be the next thing as

10:27:43 far as getting out to also high schools, colleges, also most

10:27:47 important, where the DUIs are coming from.

10:27:52 Observations. 20 minutes during our course of investigation

10:27:55 of the DUI, we actually do an interview with those subjects

10:27:58 that have been detained for DUI investigations to find out

10:28:03 where they are drinking.

10:28:05 We followed up to the secretary reference the breakdown of

10:28:08 the different locations throughout all Hillsborough County,

10:28:10 not just the city, but different municipalities, whether

10:28:13 it's Hillsborough County.

10:28:14 From that information, we had a hot list, something to keep

10:28:19 our eye on, as far as changing that attitude as far as

10:28:24 DUIs.

10:28:26 Of that list we then made contact with the owners or

10:28:29 proprietors of the vendor and we did an education base.

10:28:34 On the education base there were two points on that, a

10:28:37 PowerPoint which I did not bring relative to updating

10:28:41 information but I do have statistical stuff that I can

10:28:43 present to you for that.

10:28:44 What we basically want to cover and tem tell them,

10:28:49 information, you guys are hot on the list as far as DUIs.

10:28:52 Also, any other type of activities as far as disturbances,

10:28:57 sexual assaults, batteries, homicides, anything involving

10:29:01 the public interest as far as safety concerns.

10:29:03 We would address that point, too.

10:29:06 We would actually come with an open hand.

10:29:09 We don't want to shut your business down.

10:29:11 We want to help you succeed but we have to take what I call

10:29:14 the responsibility and reasonable.

10:29:17 That's what we are seeing coming across.

10:29:19 We just had one recently in Hillsborough County which was

10:29:23 just a month ago reference to an underage drinking case.

10:29:30 We told them, we want you to succeed.

10:29:32 We don't want to take anything away from you.

10:29:34 So let us help you.

10:29:35 What are the main problems we are having coming from there?

10:29:38 Is it overconsumption?

10:29:39 Fine.

10:29:40 If you need a tips training program we can help you.

10:29:44 Also we tell them what to look for.

10:29:47 We give them information, what to look for, and how to

10:29:51 handle that problem.

10:29:52 The biggest thing we are seeing coming across right now in

10:29:55 the last couple of years has been the underage drinking of

10:29:58 these establishments.

10:30:00 That's the big issue.

10:30:03 Alcohol beverage tobacco and the information we get, we had

10:30:09 two problems.

10:30:11 The numbers have gone down in that.

10:30:13 Designated driver or safe ride home program, and local areas

10:30:16 in the county areas, any type of major events going on, they

10:30:20 can be reached out, free ride home, no charge, no questions

10:30:24 asked back to designated areas.

10:30:26 As far as the IDs, and checking them, I give tell them

10:30:31 what to look for, how to approach them, how not to challenge

10:30:34 them as far as fake IDs but notify us or just tell them

10:30:38 surrender the license and nothing will be asked.

10:30:40 We are giving educational classes.

10:30:44 I just finished one, in Brandon, the brass tack, about 12

10:30:49 employees out there.

10:30:50 Also provide them an ID book as far as what to check for,

10:30:53 what to look for, and all the operations.

10:30:55 I tell them as far as the bases of what we do. I said what

10:31:00 we are proposing is safety for everybody.

10:31:04 I say we will check you.

10:31:06 We are not trying to shut you down, but we have to be

10:31:09 responsible and account be accountable for what the citizens

10:31:13 want us to do.

10:31:14 Also the concerns of parents.

10:31:16 I can tell you this right now.

10:31:18 We are getting complaints right now as far as parents

10:31:19 calling us as far as either locations of vendors, they are

10:31:24 not monitoring, or they are actually trying to get in there

10:31:27 just for the money itself as far as the IDs being present,

10:31:33 slipping money under the IDs.

10:31:37 Unfortunately, there's just two of us countywide that do

10:31:40 this operation.

10:31:41 However, we are finding that anytime they are inviting us

10:31:44 in -- and I try to make contact with all the

10:31:47 establishments -- they have been a success.

10:31:50 I know DUI arrests have dropped and continue to drop in

10:31:53 Hillsborough County because of enforcement.

10:31:55 Also the underage complaints has also been dropping.

10:32:00 We are checking them.

10:32:01 We also have a Facebook information book that we are

10:32:02 checking and real coming from clubs to house parties as

10:32:07 well.

10:32:07 So we got the intel for that.

10:32:11 It does alert them, and they are saying let's back off,

10:32:13 thank you for that information, we don't want any trouble as

10:32:16 far as law enforcement.

10:32:18 Our proposal that we are trying to get with the county

10:32:23 commission, and I believe you have that information with

10:32:25 you, if you want to share that with the other council

10:32:29 persons, you can.

10:32:30 It is something we are proposing trying to get as far as the

10:32:32 financial stuff, as far as creating for the county for us to

10:32:38 do the checks which will be supplemented by the permit,

10:32:41 which they have to purchase, and stay open after midnight,

10:32:43 and that way we can check and regulate them, and the

10:32:47 guidelines, trying to tweak that as far as penalties, if

10:32:53 they are in violation of that, so it is something we are

10:32:55 trying to propose.

10:32:58 We are trying to bring that up again to the county

10:32:59 commission.

10:33:00 On that note let me just throw some information.

10:33:06 And I'll give you this copy as well.

10:33:08 And this is stats from our central test booking and also

10:33:11 from our county information as far as statistical

10:33:16 information as far as arrests.

10:33:20 4,463 DUI arrests countywide with 2939 arrests in the 18 to

10:33:25 20 age group.

10:33:27 This is for 2011.

10:33:29 On the 2010 traffic crashes for the motor vehicle service in

10:33:34 Hillsborough County, we had 1300 related crashes, 920

10:33:39 alcohol related injuries and 54 alcohol related fatalities.

10:33:46 Number 3 for state alcohol related crashes, number 3 in

10:33:48 injuries, and number 26 in fatalities.

10:33:50 Right now Broward County is the only one higher right now at

10:33:54 this time.

10:33:55 Of that --

10:33:58 >>HARRY COHEN: Excuse me one moment.

10:34:00 Councilwoman Mulhern would like to ask a question.

10:34:02 >>MARY MULHERN: This is what I was wondering about, and I

10:34:05 didn't quite catch it.

10:34:06 Did you just give us the statistics for the DUI for the

10:34:11 accidents for the age?

10:34:17 >> It should be in the information as far as age, right now,

10:34:20 for Hillsborough County, countywide units.

10:34:23 We have 239 arrests in the age of 18 to 20, DUI.

10:34:30 4,463.

10:34:32 Of that number, 2188, 2,188 arrests were made by the Tampa

10:34:37 Police Department.

10:34:39 And this is for 2011.

10:34:40 >>MARY MULHERN: Thank you.

10:34:42 >> You're welcome.

10:34:44 Underage drinking citations in Hillsborough County, we gave

10:34:47 632 notices of appearance, the state attorney's office.

10:34:51 It is up from 2009, 614.

10:34:57 Underage drinking arrests in the City of Tampa was 176.

10:35:00 Underage possession of -- possession of alcohol, 27 sales of

10:35:04 alcohol underage citations issued.

10:35:07 There's another block to let you know the severity of what

10:35:09 we are looking for, as far as the underage drinking, not

10:35:12 only drinking but drug use nationwide, hats gone up,

10:35:16 statistically as well, and the lifetime alcohol use in high

10:35:21 school is up by 69.1%.

10:35:24 Past 30 days of alcohol use is 41.2%.

10:35:30 Binge drinking having five or more alcohols within an hour

10:35:33 is 22%, drunk or high at school is 19.6.

10:35:40 Middle schools, which I hate to throw these numbers out as

10:35:43 far as Middle School, lifetime alcohol use is 30%, past 30

10:35:47 days alcohol use is 14%, binge drinking 6.8% and drunk or

10:35:53 high at school 6.7%.

10:35:55 I am just going to approach, he we were having an increase

10:36:00 in underage drinking throughout the nation, also

10:36:03 specifically in Hillsborough County itself.

10:36:05 >>LISA MONTELIONE: I have a question.

10:36:11 When you gave the number of underage drinking notices to

10:36:18 appear, when you go into a club, do you bring out everybody

10:36:27 who is possibly underage?

10:36:29 Or at some point do you say, okay, we brought out a lot of

10:36:34 people, point made, club closed down.

10:36:36 >> It all depends, goes by manpower issue.

10:36:41 And as far as our contacts are made, we got worried about

10:36:46 e-mail or Facebook.

10:36:48 Just by appearance or concern, we want to make sure you are

10:36:51 aware of.

10:36:53 That we'll address undercover and have an operation with the

10:36:56 alcoholic beverage, tobacco or with your city police

10:36:59 officers.

10:36:59 I would like to commend the efforts by Donny Miller for

10:37:03 those efforts, enforcement.

10:37:06 We'll address them and have an operation for that, and it

10:37:10 just goes by the bodies. If we make an arrest, they know we

10:37:14 are there, they scatter.

10:37:16 They scatter.

10:37:17 So there's really no set number.

10:37:19 >>LISA MONTELIONE: I guess the point I am making is the

10:37:23 numbers in the statistics that you gave are probably on the

10:37:28 low end.

10:37:29 >> Yes, by all means, because we can't get everybody, just

10:37:33 to the manpower issue.

10:37:34 And once they know law enforcement is in that establishment,

10:37:37 drinks drop, they are out the door.

10:37:39 >> The night that I went out with you guys there were still

10:37:43 lines of people to get in the club, even though they saw how

10:37:46 many we had, I don't know, six probably marked cars, and a

10:37:53 bunch of unmarked cars, and there were still people lined up

10:37:56 to get in the front door even though they saw the --

10:38:00 >> They are not going to catch me or they are not going to

10:38:03 go in side.

10:38:04 Usually once we are inside and arrests will be made, that's

10:38:07 when people are actually leaving.

10:38:09 People coming into the club by word of mouth or text texting

10:38:13 them let them know that law enforcement is out there

10:38:15 enforcing the codes.

10:38:16 >> Thank you.

10:38:19 Anything else?

10:38:20 >> Thank you, council.

10:38:23 My name is Corporal Sitton, Sheriff's office, DUI unit and

10:38:28 certified alcohol vendor program.

10:38:30 In addition to what Deputy Morrell told you about, I want to

10:38:34 give you a couple of figures real quick that I think are

10:38:37 startling to me.

10:38:39 And I have done a lot of research on this as we look at

10:38:42 trying to solve the problem within the unincorporated area

10:38:44 of the county as well.

10:38:45 There was a study out of the University of Miami in 2009

10:38:50 that says the total cost of underage drinking in the State

10:38:52 of Florida -- and this is in 2007 -- was 3.117 billion

10:38:57 dollars, $167 million for Florida residents, which is

10:39:04 consistent with previous state and national estimates of

10:39:06 alcohol, violent crimes, that accounts for 40% of total

10:39:13 underage drinking costs.

10:39:15 Traffic crashes are the biggest chunk of that.

10:39:22 Just directly attributed to underage drinking in the State

10:39:24 of Florida.

10:39:24 This is not 21 and up that have gone out and been involved

10:39:29 in an accident.

10:39:30 But to go back and look at what you are proposing here, this

10:39:33 is not a unique concept, as you see Gainesville has done

10:39:37 this but started as far back in California, it's very

10:39:40 progressive in this area as far as regulating businesses

10:39:43 that do affect the quality of life in the area.

10:39:46 In 1995, Valejo police department enacted an ordinance

10:39:56 similar to what you are looking at and had a 6.5 reduction

10:40:00 in police service for the year following and they only did

10:40:04 it to new businesses.

10:40:05 They grandfathered everybody else in.

10:40:07 Because of the 6.5% reduction and their calls for police

10:40:11 services, the following year enacted this for everybody, and

10:40:14 they saw a 20% reduction in calls for services.

10:40:17 I'm not a mathematician.

10:40:19 I'm not here to speak on behalf of the police department as

10:40:22 far as 20% calls for reduction, what that equates to in

10:40:27 money but in today's economic times I can tell you that's

10:40:29 probably quite a bit of money.

10:40:33 And I think you heard that from captain Hamlin and talking

10:40:35 about having to pull a whole squad.

10:40:37 What can that squad be doing proactively to prevent crime

10:40:41 rather than having to baby-sit a business that's creating a

10:40:45 problem for the neighborhood.

10:40:49 And I'll just follow up by saying that when we talk about

10:40:52 making a club 21 and up, we hear, oh, but it will ruin my

10:40:56 business.

10:40:56 My answer to that simply is to ask you to think about the

10:41:03 minority in the United States where it's 21 yet all of those

10:41:07 businesses thrive and flourish in those other states.

10:41:11 West Palm Beach county and other local areas have enacted a

10:41:14 21 and up area.

10:41:17 I would say has it affected their business?

10:41:24 They are still open and selling alcohol and doing so quite

10:41:26 success. But this that I will be happy to take any

10:41:29 questions that you might have.

10:41:29 >>LISA MONTELIONE: And I want to ask this, maybe a

10:41:36 combination answer between the two of you and Donny Miller

10:41:40 from TPD.

10:41:42 The regulations between the City of Tampa, as we stand now,

10:41:48 and Hillsborough County, are they in alignment?

10:41:52 Are they very different?

10:41:53 Because I know you work together all the time.

10:41:56 So you are crossing jurisdictional lines, going out into the

10:42:02 county.

10:42:02 So how is it from an enforcement perspective in the two

10:42:07 jurisdictions?

10:42:09 Because City of Tampa is within Hillsborough County, and an

10:42:13 even playing field is always the best, I think, situation

10:42:17 for me.

10:42:17 >> Don Miller, City of Tampa police department.

10:42:21 We mirror pretty much what they do in their program, pretty

10:42:24 much the same program for the City of Tampa police

10:42:26 department.

10:42:28 We work with ABT, Hillsborough County, and using state laws,

10:42:32 and pretty much the county and city in the same manner.

10:42:38 >>LISA MONTELIONE: So the regulations in effect are the

10:42:41 same right now?

10:42:43 >> Well, pretty much so.

10:42:45 >>LISA MONTELIONE: Tiff chair.

10:42:49 >> A few little differences here and there, but pretty much

10:42:52 we mirror each other.

10:42:54 >>LISA MONTELIONE: And as far as the safety officers, you

10:43:00 have two in all of Hillsborough County and we have one in

10:43:03 the City of Tampa?

10:43:05 >> Correct.

10:43:07 For 4,000 licensed premises.

10:43:08 >>LISA MONTELIONE: Okay, thank you so much.

10:43:11 >> 4500, I'm sorry.

10:43:13 It's 4500 places licensed to sell alcohol in Hillsborough

10:43:16 County.

10:43:16 >>LISA MONTELIONE: That includes the City of Tampa?

10:43:20 And we have three officers who are trying to cover 4500

10:43:24 establishments.

10:43:26 Wonderful.

10:43:27 Thank you so much.

10:43:27 >>HARRY COHEN:

10:43:34 MR.*: Reddick.

10:43:34 >>FRANK REDDICK: Thank you, Mr. Chair.

10:43:36 Do we have any facilities about clubs and N Hillsborough

10:43:39 County, City of Tampa, that start with the age of 21,

10:43:47 allowing people to come in at age 21?

10:43:50 Do we have --

10:43:51 >> Yes, sir, there is one but they monitor it very tightly

10:43:54 the white rock casino.

10:43:59 I was in one of their operations to monitor that, and they

10:44:02 have been very gracious to open up their tips training,

10:44:05 their bar training and ID training, and they are very

10:44:08 diligent about checking that out before we even get on their

10:44:11 property, law enforcement officers but also security

10:44:16 officers to check IDs prior to that, and they do a good

10:44:20 job as far as actually looking them over.

10:44:22 There's nothing for them, they tell them to get back in the

10:44:28 cab.

10:44:29 >> We continue to have an underage drinking problem in this

10:44:31 city, as long as someone can come into a club at age 18, but

10:44:39 they are not allowed to drink.

10:44:44 Till age 21.

10:44:45 So there's going to be that problem within the establishment

10:44:49 where someone -- someone is going to buy a drink and hand it

10:44:54 to the 18-year-old, and that's where you are going to find a

10:44:58 problem.

10:44:58 Because I'm pretty sure, 21 or 22 or 23-year-old person in a

10:45:04 bar, and he has someone in there that might be 18 or 19,

10:45:09 friend, you know, they have events where you get two for

10:45:13 one.

10:45:19 And you can give that 18 or 19-year-old person that other

10:45:22 one.

10:45:23 So I just see that there is going to be that problem.

10:45:26 As long as you allow them in at 18, and they legally cannot

10:45:31 drink until age 21, you will have that problem.

10:45:34 Because the 18-year-old or is it-year-old is not going to go

10:45:39 into a establishment or club, and order a glass of water.

10:45:44 And definitely not going sit there and order Coca-Cola.

10:45:51 I don't know, as long as you are able to allow them in the

10:46:06 club at age 18, you are going to have this problem.

10:46:10 And underage drinking.

10:46:13 And it's sad to see the number of crashes that you stated

10:46:18 for underage drink, in this county.

10:46:25 So that is the issue.

10:46:27 And that is the concern that I have.

10:46:31 Hopefully we can address underage drinking and the

10:46:35 limitation they put on underage drivers, and that is

10:46:46 something that I want to seriously look at as we go through

10:46:50 this discussion process.

10:46:50 >>HARRY COHEN: Thank you very much, Mr. Reddick.

10:46:56 Thank you for joining us this morning.

10:46:59 Let me ask council's indulgence for just a moment.

10:47:02 We have Gina Firth, the Associate Dean of Students at the

10:47:05 University of Tampa with us today, and before we go to

10:47:08 public comment I would like to ask her if she would like to

10:47:11 say a few words.

10:47:12 Thank you.

10:47:12 >> Thank you for your indulgence.

10:47:20 A huge thank you for hosting this workshop.

10:47:24 I have been at the University of Tampa for six years and

10:47:27 have dealt with a lot of very serious incidents that started

10:47:30 with underage drinking.

10:47:33 I spend a lot of time meeting with students one on one that

10:47:37 are underage that have had some significant event occur

10:47:40 while they are in a bar or club, and they were served

10:47:43 alcohol.

10:47:44 And what I see over and over again is that the same

10:47:49 location, the same location.

10:47:52 There are several of them that are repeating, you know,

10:47:55 serving to minors.

10:47:56 The majority of our bars and clubs do a really good job.

10:48:00 But I work really close with officers, and we give them the

10:48:07 names. Places that are not following the law, and there's

10:48:10 not a whole lot that they can do.

10:48:13 Their hands are tied.

10:48:14 So for you to take a look at this as a way that we can

10:48:17 better regulate and make these places safer, it's

10:48:21 incredible.

10:48:22 So thank you for looking at it.

10:48:26 Gainesville has found a really unique solution to their

10:48:30 issue.

10:48:31 And I personally believe that that would be better than what

10:48:35 we currently have.

10:48:36 But in Tampa, we have 4,500 licensed venues that serve

10:48:44 liquor and alcohol.

10:48:45 Gainesville does not have nearly as many.

10:48:47 So we have some different challenges with regard to that.

10:48:51 And our law enforcement, we don't have enough people to

10:48:55 regularly monitor.

10:48:56 So please continue to look at all the different options.

10:49:00 Maybe a hybrid approach would be better for us, for example.

10:49:07 The smaller establishments, if they are allowed to have 18

10:49:10 to 20-year-olds in their club, unless they have violations,

10:49:15 sounds pretty decent.

10:49:16 But these larger clubs, hopefully all of you have been in

10:49:22 the clubs that are filled with 700, 800, 1,000 young people.

10:49:30 It is extremely hard to regulate.

10:49:31 And this is where we have a lot of dangerous situations.

10:49:34 So perhaps we need to have a 21 and up ordinance based on

10:49:40 size.

10:49:40 I'm not sure what the answer is to this and I trust you are

10:49:44 all going to look into this very carefully.

10:49:46 But we need to find something that works best for our

10:49:48 community.

10:49:49 But I do highly appreciate -- and I know the University of

10:49:53 Tampa highly appreciates the fact you are looking at this

10:49:55 because we want to keep our students safe.

10:49:57 We bring 6,500 students here to downtown Tampa, 75% of them

10:50:04 are underage, all right?

10:50:06 So they are out in the clubs.

10:50:07 I know our students want to get together and socialize.

10:50:10 I know they want to dance.

10:50:11 And there are quite a few that do choose to have a diet coke

10:50:14 or one of those little drinks.

10:50:16 They are not all breaking the law.

10:50:18 And having some venues for them to do that, I think, is

10:50:21 important, but we have to find a way to hold the bar owners

10:50:25 and the managers accountable.

10:50:27 We hold our students accountable.

10:50:30 When we find out that they are out in our community breaking

10:50:33 the law, we also deal with them, okay?

10:50:37 And we just ask that that same piece happens to our business

10:50:42 owners and managers when they are breaking the law so that

10:50:44 the playing field is even.

10:50:46 So thank you.

10:50:46 >>HARRY COHEN: Thank you very much.

10:50:48 We are going to take public comment now on this topic.

10:50:51 Let me just say before we start, it is 10 minutes of 11.

10:50:57 At 11:45 we have to take up the text amendment cycle issues.

10:51:02 So we have 30 minutes set aside for public comment.

10:51:05 Under normal circumstances, we take comments for three

10:51:08 minutes per speaker.

10:51:11 I would like to ask for a show of hands of how many people

10:51:14 in the audience intend to get up and speak on this topic

10:51:16 during public comment?

10:51:19 Then seeing the number and knowing from the clerk that there

10:51:21 are some additional people outside, I would like to ask for

10:51:24 council's indulgence to shorten the period for each speaker

10:51:30 from three minutes to two minutes.

10:51:31 >> So moved.

10:51:33 >> Second.

10:51:33 >>HARRY COHEN: Motion by Councilman Reddick, seconded by

10:51:37 Councilwoman Mulhern.

10:51:39 All in favor?

10:51:40 We will go to public comment now.

10:51:42 Please state your name and address for the record.

10:51:45 Two minutes per person.

10:51:46 >> Good morning.

10:51:51 My name is Walter Ayer, the chairman of the YCDC Ybor City,

10:51:58 representing not just the business owners but the industries

10:52:01 and residents of Ybor City, historic district.

10:52:04 We just received these regulations, and our Public Safety

10:52:09 Committee met on an urgent basis just on Tuesday afternoon,

10:52:13 just before the full board met, and as you know we had sent

10:52:18 a letter regarding our agreement with these concerns back in

10:52:22 January to City Council.

10:52:25 But pursuant to our board meeting, I caused this letter to

10:52:31 be sent to Mr. Miranda.

10:52:34 And I don't know whether -- would you mind if I just read it

10:52:38 into the record?

10:52:39 This is the YCDC position.

10:52:41 >>HARRY COHEN: In your time, sir.

10:52:45 >> I am going to a special meeting was called on May 22 to

10:52:50 discuss the council workshop on regulation of nightclubs

10:52:54 scheduled for tomorrow.

10:52:54 Unfortunately, the committee didn't have sufficient time to

10:52:57 digest all the information contained in the proposed

10:53:01 regulation nor discuss it with our constituency out there,

10:53:05 and so we had asked that the workshop ought to be postponed

10:53:09 or continued until we have time to address all of this for

10:53:12 our constituency.

10:53:15 So even if it goes forward today we would like another

10:53:18 opportunity so that we can address all of the concerns,

10:53:20 because I know a lot of --

10:53:24 >>FRANK REDDICK: I just want to state to the gentleman that

10:53:26 we are not voting on it.

10:53:27 >>HARRY COHEN: Right.

10:53:29 If there's any ordinance proposed, there will be two

10:53:31 readings of that ordinance and a public hearing in which

10:53:34 there will be plenty of time for the public and anyone

10:53:37 interested to comment on the specific items that are taking

10:53:40 up by that ordinance.

10:53:41 >> I understand, and I appreciate it.

10:53:44 Thank you.

10:53:46 I hope I came in under time.

10:53:48 >>HARRY COHEN: Next.

10:53:50 Ladies and gentlemen, we have 30 minutes so it would be good

10:53:54 to use that.

10:53:55 >> I'm Eric Schueler.

10:53:57 I'm co-owner with my wife at Gaspar's grottos in Ybor City.

10:54:02 Thanks for having me this morning.

10:54:05 We employ 353 people down there.

10:54:09 A lot of people eat off our plates.

10:54:11 We work very hard seven days a week.

10:54:16 The requirement or the possible requirement for off-duty

10:54:21 police at 35, $40 an hour would be a burden that would

10:54:24 affect the employees, the business, et cetera.

10:54:27 The second thing is that in the nine years we have been

10:54:29 there, we have a very, very clean record, so there's really

10:54:33 no reason for those people.

10:54:36 For us to hire off-duty police.

10:54:39 We have a security staff that is vetted, trained, and

10:54:42 monitored, and compensated properly, and we have no

10:54:47 problems.

10:54:48 I think you need to be very, very careful when you affect

10:54:52 the finances of the business.

10:54:54 It's fragile.

10:54:55 It's difficult to make a payroll for 53 people every week.

10:54:58 And to add those burdens would be very difficult for us, I

10:55:03 can tell you and promise you that.

10:55:04 Also, the city gave us a facade grant, placed a lien on the

10:55:13 property, and I have requirements, financial requirements to

10:55:16 remain solvent in order to discharge had the lien in the

10:55:20 correct amount of time that the city did.

10:55:23 Anything that --

10:55:26 (Bell sounds).

10:55:27 >> I guess I'm done.

10:55:28 >>HARRY COHEN: No, that's your warning.

10:55:29 >> Anything that makes that affects the financials is very

10:55:36 important.

10:55:37 Also, we are saying that you have off-duty officers down at

10:55:44 Club Manila and it's not helping.

10:55:45 So I think it's the clientele and the management.

10:55:48 It's not the fact that you have off-duty police officers.

10:55:50 We have none.

10:55:51 We have no problems.

10:55:52 They have lots of problems and they have officers.

10:55:55 So really what's the point?

10:55:57 (Bell sounds).

10:55:58 >>HARRY COHEN: Thank you.

10:55:59 Next.

10:55:59 >> Richard broom.

10:56:04 I run a pub on 7th Avenue in Ybor City, The Dirty Shame,

10:56:10 Ybor neighborhood association.

10:56:11 I believe that as presented, the proposals represent

10:56:17 ultimately the punishment of the many for the deeds of a

10:56:21 few.

10:56:21 And I'm not exactly certain why under existing statutes

10:56:25 those couple of problem clubs cannot be declared a public

10:56:30 nuisance, and their zoning gone offer or whatever and

10:56:34 effectively single those clubs out and going after their

10:56:37 business.

10:56:38 I know that there's probably some reluctance for exposure to

10:56:43 litigation on this part.

10:56:45 But what is being proposed here affects business owners,

10:56:50 employees, suppliers, manufacturers across the board, and I

10:56:56 can't help feeling that exposure would be many fold greater.

10:57:02 I am also very concerned about the way that that would look,

10:57:06 when the citizens of Tampa and visitors go out and see

10:57:18 policemen at every venue.

10:57:19 I think that

10:57:34 I think another thing is that -- persons 18 and up of age

10:57:38 are legally adult, and I think that they should be allowed

10:57:42 to spend their entertainment dollars wherever they choose.

10:57:46 Thank you.

10:57:46 >>HARRY COHEN: Thank you. Next.

10:57:48 >> My name is Thomas DeGeorge. I am an owner at Crowbar on

10:58:03 behalf of my business partners and our staff.

10:58:05 We are allowed to use a venue with a capacity of over 300

10:58:10 people.

10:58:12 Many of those touring advance, the management in the

10:58:15 contract state that in order to bring those bands to the

10:58:19 city and in this area, that they provide the venue be 18 and

10:58:24 up.

10:58:24 That's a standard thing so by changing that we are

10:58:33 implementing changes upon us that would legitimately cripple

10:58:39 our business.

10:58:39 We have been here for about six years.

10:58:41 As Eric said most of us work very hard to stay in business.

10:58:46 And I just feel that placing across-the-board regulations on

10:58:50 everyone, if you are running your business properly, and if

10:58:55 you don't have infraction and you don't have problems, I

10:58:58 don't see why everybody should be thrown into the same

10:59:02 system where you have to have off-duties or have these

10:59:05 things done.

10:59:06 The economic burden on top of the economic burden we already

10:59:10 have in this economy right now, would, I think, be crippling

10:59:14 to most of the small businesses out here.

10:59:16 When you look at all this stuff and decide to vote onto, I

10:59:20 hope you take that all into consideration, and perhaps maybe

10:59:23 work on something that's more for businesses that are having

10:59:30 repeat infractions.

10:59:31 If the businesses aren't properly run and the city needs to

10:59:34 step in, then I fully understand that.

10:59:37 However, businesses that are in line with what they need to

10:59:40 be doing and aren't having problems, I don't see why

10:59:42 everybody should be put under that umbrella.

10:59:45 Thank you.

10:59:45 >> Alan Kahana, 1320 8th Avenue.

10:59:56 I have been in Ybor City since about 1983, running alcoholic

10:59:59 beverage establishments.

11:00:01 First of all I want to thank you for having the workshop.

11:00:04 I do think when I look out in our audience and looking at

11:00:07 mostly Ybor City people, and while this will affect the

11:00:10 entire City of Tampa, I don't think there was enough

11:00:13 notification provided to ensure the fact that we would get a

11:00:16 voice from everybody that's in the City of Tampa that hold

11:00:20 an alcoholic beverage license.

11:00:22 I worked with Keith Hamilton for many years.

11:00:25 We had a great relationship.

11:00:27 And I believe we have in place a number of ordinances that

11:00:29 help protect us from underage drink.

11:00:31 We do not have the sort of problem that they have in

11:00:37 Gainesville.

11:00:37 However, I don't have a problem with the regulations that

11:00:41 were used in Gainesville as part of a program for Tampa.

11:00:45 I do have a problem with making all clubs 21 and up.

11:00:50 As Richard said, people who are adults should be able to go

11:00:52 out and spend their entertainment dollars the way that they

11:00:55 like, if they want to go out and dance they should be

11:00:57 allowed to go out and dance, and, yes, we sell a lot of red

11:01:01 bull and a lot of Coca-Cola and a lot of waters to people

11:01:04 that are between the ages of 18 and 20.

11:01:07 Certainly, this sort of regulation, I think, has to be even

11:01:11 and across the board.

11:01:12 I have heard no suggestion that this should be applied to

11:01:15 other forms of entertainment, but whether or not they should

11:01:18 apply to stadiums and sports center entertainments, we have

11:01:21 other types of alcoholic beverages sold, and whether it's

11:01:26 the Performing Arts Center or the stadium, we should be

11:01:29 looking even handedly if we are going to do that.

11:01:32 I appreciate why they did not try to define what a nightclub

11:01:37 was in Gainesville because I think that's very, very

11:01:39 difficult.

11:01:40 In summary, I would just like to say that while we need some

11:01:43 help in coming up with some regulations, let's not throw the

11:01:46 baby out with the bath water.

11:01:48 Thank you.

11:01:48 >>HARRY COHEN: Thank you.

11:01:50 >> I'm Ellen Snelling, chair of the Tampa Alcohol Coalition.

11:01:59 Our mission is to reduce underage drink.

11:02:02 And I would like to thank you again for having this workshop

11:02:04 because I think it is really important issue to look at the

11:02:07 regulation of bars and clubs in order to increase the health

11:02:10 and safety and welfare of the people in Hillsborough County.

11:02:13 We had a little discussion about economics and how it

11:02:16 affects the bars and clubs.

11:02:17 But I think we also have to look at how our resources are

11:02:20 being used with the police department when the bars and

11:02:22 clubs don't have to pay for like a certain number of

11:02:26 officers that go out to Ybor City and other entertainment

11:02:28 districts in order to -- that the taxpayer that's pay for

11:02:32 these resources to make sure that there's safety.

11:02:35 But I do feel the bars and clubs should have to help either

11:02:38 through a permit or in some method, put something towards

11:02:41 that.

11:02:42 I am here to support the age 21 to enter a bar, and the

11:02:47 larger establishments, because I think there are safety

11:02:50 issues that are beyond what may happen in Gainesville.

11:02:54 They have a number of establishments.

11:02:55 I don't believe there is large venues, and I think when you

11:02:58 have a large venue that's open till 3 a.m., and you have a

11:03:02 thousand people sometimes, in a crowded environment, there

11:03:06 may be a fog machine, it's pretty difficult to monitor even

11:03:10 under the best circumstances to make sure those underage

11:03:12 persons are not drinking.

11:03:13 I think if we want to have an ideal situation to keep

11:03:16 underage drinking to a low level then I believe that 21 and

11:03:20 up would work.

11:03:20 It's working in 21 other cities and counties across the

11:03:23 state.

11:03:24 Ft. Lauderdale, South Beach, Palm Beach, West Palm Beach.

11:03:27 We have very large cities that are using this, and I think

11:03:30 if you think of South Beach, they seeming to doing quite

11:03:35 well economically and their bars and clubs, I believe we

11:03:38 would be able to do that here.

11:03:39 The Gainesville model is something to also consider.

11:03:41 It is better, like Gina said, than we have now.

11:03:44 So we would actually support either one.

11:03:46 But I think ideally I would like to see 21 and up.

11:03:50 I also think it would reduce the liability of the bars and

11:03:53 clubs, because if you only allow 21-year-olds and older, you

11:03:57 don't have to worry about 18-year-olds getting in and

11:03:59 getting a drinkers going out and crashing and killing

11:04:01 someone and having a $600,000 liability.

11:04:04 >>HARRY COHEN: Thank you.

11:04:06 >> Joseph Capitano, Jr., east 9th Avenue, stakeholder in

11:04:17 Ybor City, particularly the Ritz theater, very active there

11:04:21 as well as the Italian club and other venues.

11:04:24 We can appreciate the need to provide safety and have

11:04:29 accountability, and recourse.

11:04:32 We have a problem establishment, I think that we need to be

11:04:37 careful how far reaching that we go and some of the

11:04:41 unintended consequences that might result to some of the

11:04:45 things here.

11:04:46 Underage drinking is not by any means the only problem we

11:04:50 see in some of these central business areas.

11:04:53 We have some crime, and we have violent crime and other

11:04:56 issues.

11:04:57 And so clearly when we have problems, we agree that we need

11:05:02 to have a mechanism that we can go and regulate the problem

11:05:07 similar to maybe how Gainesville has done based on

11:05:09 violations, not just underage drinking as the only

11:05:14 violation.

11:05:19 With some comments you heard earlier, again with some of

11:05:22 this being unintended consequences you have other venues out

11:05:25 there, that host live music, banquets, weddings, other types

11:05:30 of events, so there's lots to be considered here as to what

11:05:35 bucket these establishments get put into, and how we

11:05:39 proceed.

11:05:39 So we thank you for the opportunity.

11:05:41 We want to make sure we have good clear lines of

11:05:44 communication, and that the industry city-wide has an

11:05:49 opportunity to be part of what comes out of this.

11:05:51 And thank you for your support.

11:05:52 >> Good morning.

11:05:58 Thank you for taking public comment and allowing us to speak

11:06:01 our minds.

11:06:02 My name is Shaun hall and I represent victims of drunk

11:06:15 driving.

11:06:15 One of our major goals is to keep our children.

11:06:21 As a mother whose child was killed in a violent drunk

11:06:24 driving crash, I want to share with you what it's like to go

11:06:27 through each day of my life without my child.

11:06:31 Imagine a Christmas without the usual faces and laughter and

11:06:36 love that goes on in a family household at Christmastime.

11:06:42 This is forever.

11:06:42 My son will never spend another Christmas with us.

11:06:48 He is not here to be a part of the weddings that have

11:06:51 happened in our family.

11:06:52 Our son got married in 2010, our middle one, and he was not

11:06:56 here to be best man at his brother's wedding, and he won't

11:06:59 be here to be part of his sister's wedding next year.

11:07:02 Every day, my heartaches because I can't see his face, and

11:07:07 because I cannot remember his hands.

11:07:13 The countless lives that are taken each day as a result of

11:07:16 drunk and drugged driving are 100 percent preventable, 100

11:07:20 percent.

11:07:21 I believe that one of the ways to help stop underage

11:07:27 drinking is to keep them out of the bars and the clubs.

11:07:31 Thank you.

11:07:34 >> I'm Teresa Miller, a member of the prescription drug task

11:07:46 force alcohol coalition.

11:07:47 I maintain a Web site stop our drug abuse.

11:07:50 I'm the parent of three sons in their early 20s and a

11:07:53 recent graduate of the masters USF mental health counseling

11:07:57 program.

11:07:58 Five years ago one of my sons came home from college

11:08:00 addicted to prescription drugs.

11:08:02 Since then I have dedicated my life to try to figure out

11:08:04 addiction and recovery.

11:08:08 Both are extremely complicated.

11:08:10 Yet addiction is preventable.

11:08:13 Let me start by saying when I was in college 30 years ago

11:08:16 the drinking age was 18.

11:08:18 But times were different then.

11:08:20 Since then we have made a lot of medical advances and it's

11:08:24 been proven medically that drink before the age of 21 can

11:08:30 cause long-term problems.

11:08:33 If they wait until 25, when the brain is fully developed,

11:08:37 the likelihood of becoming addicted is much less.

11:08:45 Today's colleges and kids that age, binge drink or

11:08:49 prescription drug abuse are major problems.

11:08:52 I would like to share what I have learned a little bit over

11:08:54 the past few years, one, that those kids who binge drink are

11:08:58 more likely to be addicted, and that's what children the

11:09:01 ages of 18 to 22 are college age.

11:09:05 Binge drinking increases about, diabetes, increase it is

11:09:10 number of children in car accidents and risky behavior.

11:09:15 Basically way want to say is prescription drug abuse and

11:09:19 drinking go hand in hand.

11:09:21 It's obvious to me that there's a common goal that we want

11:09:24 to keep our kids safe.

11:09:26 For five years now I have listened to the police force tell

11:09:29 me what they are trying to do.

11:09:30 Their hands are tied.

11:09:31 We need to untie their hands, and we need to allow them to

11:09:36 work in these clubs that are causing problems so that we can

11:09:40 put an end to the violence and the deaths of these children.

11:09:43 >> Good morning.

11:09:52 My name is Cindy grant and I'm the director of the

11:09:55 Hillsborough County anti-drug alliance.

11:09:57 And as the community substance abuse coalition program here

11:10:03 in Hillsborough County, one of our jobs is to look and

11:10:06 support those strategies that are most effective in

11:10:09 preventing substance abuse problems.

11:10:11 So preferably, a restriction that prohibits 18, 19 and

11:10:16 20-year-olds from alcoholic drink establishments is the most

11:10:21 strongest and effective environmental strategies that will

11:10:24 reduce the problem and the associated problems that go with

11:10:27 it.

11:10:30 It sure would simplify life as they wouldn't have to deal

11:10:35 with that problem, and I believe most can reach capacity

11:10:40 without having the 18 to 20-year-olds in there.

11:10:42 Not only do K 20-year-olds hang out in the nightclubs, most

11:10:48 18 to 20-year-old individuals can and do find a wide range

11:10:51 of other things to do in the community, and the Tampa Bay

11:10:53 area has such a wide range of activities to do.

11:10:56 So there's so many things to do.

11:10:59 Basically, the legal drinking age in our bars and clubs is

11:11:03 21, bars and clubs are in business to serve alcohol to those

11:11:06 of legal drinking age.

11:11:08 The 18 to 20-year-old population crowd should not be in an

11:11:13 establishment that serves alcohol, period.

11:11:15 However, if prohibiting the underage crowd is not a

11:11:20 consideration at this time the alliance would support

11:11:22 tighter regulations on clubs who have multiple infractions

11:11:25 in order to get a better grip on the high risk clubs such as

11:11:28 the proposal in Gainesville.

11:11:31 And so we thank you, too, for considering these things, and

11:11:37 thank you for having this hearing.

11:11:38 >> Stephen marks.

11:11:46 I am a member of the YCDC executive board committee as well

11:11:49 as stakeholder in Ybor City, with property and with three

11:11:55 alcohol licenses.

11:11:56 While I do appreciate, I certainly respect the speakers

11:11:59 before me, I think there's not a single person in this room

11:12:03 that isn't concerned with safety and protection of all of

11:12:07 our citizens, minors.

11:12:11 I have owned and operated clubs, bars, restaurants, in

11:12:14 Florida as well as Alachua County and Gainesville city for

11:12:19 the last 15 years.

11:12:21 I consider myself to be in the majority of operators that

11:12:25 are conscionable, that operate good entertainment

11:12:28 facilities, and that have very, very little problem.

11:12:32 I agree with the sentiment of my contemporaries that the

11:12:40 90-some-odd percent that are operating entertainment

11:12:45 facilities do a very good job with very few infractions.

11:12:49 We self-governs, we self-regulate, we get visited very often

11:12:53 by the policing forces, and the regulatory forces double

11:12:56 checking on us to make sure that we are not serving minors.

11:13:00 And the majority of us come out with very few violations.

11:13:06 As adult citizens 18 and up, it certainly becomes an issue

11:13:12 of choice.

11:13:14 And the component whether you go to a restaurant or whether

11:13:19 you go to a movie or boating or whether you like to go out

11:13:22 dancing, that doesn't necessarily, as Councilman Reddick

11:13:26 would suggest, require that one wants to drink alcohol.

11:13:32 In fact, that's quite the opposite.

11:13:36 I regularly look at the numbers by patrons, and less than

11:13:41 10% of my patrons are under 21.

11:13:46 We have very few interactions where they are attempting to

11:13:49 drink alcohol.

11:13:51 >>HARRY COHEN: Thank you very much.

11:13:52 >> Glen Wheeler. 8702 Cobblestone Drive.

11:13:59 I'm not in the nightclub industry so I have no stake in

11:14:02 that.

11:14:04 I am a parent.

11:14:04 I'm also a Tampa native.

11:14:06 So when I was 18, 18 was the drinking age and I got to go

11:14:10 out and I did that in Tampa and I did that responsibly.

11:14:13 Ultimately, what this is about is about reducing underage

11:14:16 drinking.

11:14:18 We are talking about public safety issue here.

11:14:20 If you honestly think that keeping 18 to 20-year-olds out of

11:14:24 clubs is going to make them safer, then you do not have an

11:14:27 18 to 20-year-old, because what will happen is they will

11:14:30 still find ways to party.

11:14:32 They adjusts won't be in a safe environment, they will not

11:14:35 be in a regulated environment.

11:14:36 They will be at a private parties at someone's house that

11:14:39 you don't know anything about, and I won't know about it.

11:14:42 And you can say what you want to but they are adults now.

11:14:44 They are between 18 to 20.

11:14:46 They get to do what they want.

11:14:48 I get to argue with them, but the reality is they are going

11:14:52 to live their life.

11:14:54 When I know that they have gone to a certain club, I feel

11:14:57 safe because I know the security inside the club and I know

11:15:00 there are police officers outside that club.

11:15:03 You take that away from me, and then -- by the way, there

11:15:06 are so many things to do in Tampa.

11:15:08 Really?

11:15:08 I can think of two.

11:15:09 Bowling. Movies.

11:15:14 Now if you have 18 to 20-year-olds they might do that once a

11:15:17 year?

11:15:18 That's going to be about it.

11:15:19 I mean, honestly.

11:15:23 Bowling and movies.

11:15:23 So thinking the problem is resolved is ludicrous.

11:15:27 The reality is that you want them in these environments.

11:15:30 What we heard from Gainesville was fantastic.

11:15:33 They recognize, they can't abandon this massive majority of

11:15:36 the population.

11:15:38 Our population of 18 to 20-year-olds is very sizable in

11:15:41 Tampa and they are citizens.

11:15:42 We deserve to give them an environment where they can enjoy

11:15:46 themselves.

11:15:47 Military people, these people work hard.

11:15:50 Young people have very difficult lives.

11:15:53 Partying is very important for their life's balance and weep

11:15:56 forget that.

11:15:57 We just think this issue will go away if we keep them out of

11:16:00 clubs.

11:16:02 Thank you.

11:16:02 >> Alexander Garcia. I live at 1101 westbury.

11:16:12 I partook in clubs.

11:16:14 My concern for the council members is a lot of hypotheticals

11:16:18 and a lot of statistics are being thrown out at you.

11:16:20 And what I urge the council is that you kind of look at this

11:16:23 factually, not in emotion, not in "I think this is what will

11:16:28 happen," or "I think this is what happens in clubs."

11:16:33 I vote on what I feel I need to be represented on.

11:16:36 And I completely agree that when I was 18 and 20 I went to a

11:16:40 club so I could go and dance, not because I was trying to

11:16:43 score a drink.

11:16:44 I think that's not fair to the citizens that are between 18

11:16:47 and 20 years old here in Tampa.

11:16:49 I also wants to kind of comment on the statistics for the

11:16:53 drunk driving.

11:16:55 I personally have been affected by family members from drunk

11:16:58 driving so, I think it's a really big concern.

11:17:00 But I also need to urge that causality is not necessarily

11:17:06 the same when you are looking at statistics.

11:17:08 Is serving underage drinkers causing these accidents in

11:17:12 Tampa Bay or is it another reason?

11:17:14 Is it because they are not allowed to drink in a club and

11:17:16 they are going to someone's house to drink and then going

11:17:19 home and getting into these accidents?

11:17:20 I think that needs to be looked at and spoken about, too.

11:17:23 Thank you.

11:17:23 >> My name is Jennifer Herb yes. I work in Ybor as a

11:17:32 bartender.

11:17:33 I want to say a couple of things.

11:17:35 I think that you were concerned on --

11:17:41 >>HARRY COHEN: When you address us --

11:17:44 >> Well, all of you, but in particular you wanted to find

11:17:46 out what would happen.

11:17:47 When an 18 and 20-year-old comes into the club, not only do

11:17:51 we have standards to make sure that ID is valid and real,

11:17:55 but they are under 21, they are marked with X'es.

11:17:59 We have different bands.

11:18:02 Bands are completely different colors so we know.

11:18:05 You only get one drink per band per person at a time.

11:18:08 So it is a two for one special, or any of that, they only

11:18:12 get the one drink.

11:18:13 They have to come back for the other drink.

11:18:15 If they ask for a shot and a drink, they have to drink the

11:18:18 shot before they walk away.

11:18:19 If there's anybody suspicious, the bar staff, even our

11:18:25 photographers are in contact with our security to know to

11:18:30 follow, to watch, to make sure if there's any suspicious

11:18:32 person, or maybe we think they might be doing it, or if they

11:18:36 are not doing it.

11:18:38 Me as also a parent, when I moved from Sarasota at the age

11:18:42 of 18 I worked in Ybor at a local cafe, and I frequented the

11:18:47 clubs, and I believe that the 18 to 20-year-old demographic

11:18:52 are they are missing out on the culture, mix, art, things

11:18:58 that they get by hanging out with older adults that can kind

11:19:02 of teach them and guide them, and I think there's something

11:19:06 you miss out when 18-year-olds are stuck together at a

11:19:09 party.

11:19:12 Thank you.

11:19:12 >>HARRY COHEN: Thank you.

11:19:14 >> Good morning.

11:19:18 I'm Andrea Martin, a local business owner.

11:19:23 I was a patron and former employee of Tampa's nighttime

11:19:27 industry but also as a mother, and once again a local

11:19:29 business owner.

11:19:30 That being the case, the issue of the proposal is two fold.

11:19:33 Business and rights.

11:19:34 I know that if something gets passed like this, it will hit

11:19:39 so many people financially, not only those who work and own

11:19:42 clubs but bars and restaurants, and also have negative

11:19:46 trickle down to such as myself.

11:19:49 Part of my business is helping my clients get ready to go

11:19:51 out a as well as helping with fashion shows, and usually

11:19:54 those take place in venues that serve alcohol.

11:19:57 These events help fashion designers in the local area to get

11:20:00 the word out about their businesses.

11:20:02 Also, if you add the cost of off-duty police officers to

11:20:06 these events that are already costly, brings me to the 18 to

11:20:11 20-year-old ban.

11:20:12 This demographic is a large financial impact on this area,

11:20:15 and to put it bluntly most of them are still sending their

11:20:18 parents money so they contribute vastly to the entertainment

11:20:21 industry and my industry as well.

11:20:23 If we can't advertise them as venues with shows, then we

11:20:27 miss out on opportunity to grow our own businesses.

11:20:30 Now, as far as rights go, I know that this is being brought

11:20:34 forth because violent acts of a few.

11:20:36 So that everyone should pay for the couple of unruly

11:20:44 individuals.

11:20:44 Most 18 to 20-year-olds are not violent and want to have a

11:20:48 safe place to hang out with their friends.

11:20:49 I worked in a nightclub, my second income to support myself,

11:20:53 in that -- and working to go to college, my son, who is here

11:20:59 with me today, is going into the military, about to turn 18,

11:21:03 and all he wants to do before he goes off to serve our

11:21:06 country is dance.

11:21:10 Thank you very much.

11:21:10 >> Okay.

11:21:11 Before we continue, let me just say that we have gone

11:21:15 through our first half an hour.

11:21:17 There are a few more people in line.

11:21:19 With council's indulgence, I would like to ask for an

11:21:21 additional ten minutes to allow through the yellow T-shirt

11:21:26 only to speak to the council.

11:21:28 >> I would point out we have people lined up on both sides.

11:21:31 >> I understand.

11:21:31 But we have a limited amount of time.

11:21:34 And I am just trying to get as many people in as possible.

11:21:39 I need a motion.

11:21:42 Till 11:30.

11:21:43 >>FRANK REDDICK: So moved till 11:30.

11:21:47 >>HARRY COHEN: Is there a second?

11:21:53 >>LISA MONTELIONE: You have heard me speak on this before.

11:21:56 I want -- if people came down here to participate in a

11:21:59 public process, and we very rarely have so many people show

11:22:05 up to voice their opinions for a public process, I want to

11:22:10 hear from everybody.

11:22:12 [ Applause ]

11:22:13 >>HARRY COHEN: Well, let me -- ladies and gentlemen.

11:22:17 Ladies and gentlemen, this is not an applause chamber.

11:22:22 What is the pleasure of council?

11:22:23 Shall we go to a minute apiece for the next ten speakers and

11:22:27 then readdress it?

11:22:28 >>LISA MONTELIONE: The issue here is that we need to finish

11:22:35 by 12 because we are losing a council member, and therefore

11:22:37 we will be losing the quorum.

11:22:41 And we have another item -- we have another item that we

11:22:44 have to vote on.

11:22:46 And Ms. Coyle has said that it is only to move -- Ms. Coyle,

11:22:51 who is bringing the text amendments forward, said it's only

11:22:54 to move those items for public hearing.

11:22:55 So that should take five minutes.

11:22:58 Correct?

11:22:59 >>HARRY COHEN: Excuse me, but we do have some public

11:23:01 comment on that item as well.

11:23:02 Let's go ahead and start taking more public comment so we

11:23:04 can get through as many people as possible.

11:23:07 I would like a motion to extend for 15 minutes.

11:23:09 >>FRANK REDDICK: So moved, Mr. Chair.

11:23:13 >>HARRY COHEN: One minute per person?

11:23:15 >>FRANK REDDICK: One minute per person.

11:23:16 >> All those in favor?

11:23:18 Aye?

11:23:21 >> Opposed?

11:23:26 >> The short answer the motion fails because --

11:23:31 >>LISA MONTELIONE: Can I, just in the interest of time,

11:23:33 let's keep going, two minutes per person.

11:23:35 I make a motion with 15 minutes.

11:23:39 I say 20 minutes, and two minutes per person.

11:23:41 >>FRANK REDDICK: I am not going to support the motion so

11:23:45 it's going fail again.

11:23:46 >>LISA MONTELIONE: Then 15 minutes.

11:23:47 >> (off microphone)

11:24:04 >>HARRY COHEN: I need a motion --

11:24:06 >>LISA MONTELIONE: 20 minutes and two minutes per person.

11:24:13 >>MARTIN SHELBY: May I offer a suggestion?

11:24:15 How many people wish to speak to the next item about the

11:24:19 text amendment?

11:24:21 Three people?

11:24:24 I didn't count hands.

11:24:26 May I make a recommendation, if Ms. Coyle can actually move

11:24:30 that very quickly, say what needs to be said for council to

11:24:33 take action, let those people speak before council takes

11:24:36 action and you will know exactly how much time you have left

11:24:39 until you limit your quorum.

11:24:42 >>HARRY COHEN: That sounds fine. Can we interrupt the

11:24:45 workshop to deal with Ms. Coyle's item?

11:24:48 >>LISA MONTELIONE: Motion to take the workshop on text

11:24:50 amendment and then retake the public hearing so we can have

11:24:53 as much time as possible.

11:24:54 >>HARRY COHEN: I have a motion seconded by Councilwoman

11:25:01 Mulhern.

11:25:02 All those in favor?

11:25:03 Opposed?

11:25:04 Okay.

11:25:04 Thank you.

11:25:05 Ms. Coyle.

11:25:24 >>CATHERINE COYLE: I would like to hand you something

11:25:26 quickly for your viewing pleasure.

11:25:27 Quickly, council, this is batch 2 of the January 2012 text

11:25:32 amendment cycle.

11:25:35 I handed you three documents.

11:25:36 I also handed you-to the members in the audience that raised

11:25:46 their hand that want to speak.

11:25:47 Some of the recommendations you see before you actually have

11:25:50 evolved from the economic competitiveness committee that

11:25:58 fall into the mayor's purview.

11:26:00 One of the main ones they had was to have us look at, in

11:26:05 some form or fashion, consolidating our regulations to make

11:26:09 it easier to read, get it in one voice, eliminate as much

11:26:13 duplication as possible, review conflicts in code and so on.

11:26:17 There are many other recommendations as well.

11:26:19 This particular cycle is the first cycle since that process

11:26:22 ended.

11:26:24 The strategy -- and I'm taking on this -- is basically a

11:26:29 piece at a time.

11:26:29 The first piece that you have before you is actually the

11:26:32 consolidation of the code.

11:26:34 The document that is colored, this one actually outlines the

11:26:42 changes that are going to be made.

11:26:46 The bulk of this document is about 90% plus of this document

11:26:49 is literally just renaming a section, readopting certain

11:26:54 section numbers and different section numbers.

11:26:56 So there will be an overall outline, the new Land

11:26:59 Development Code.

11:27:02 Where there are actual changes occurring, you will see blue

11:27:05 text that says readopt this section, as this section with

11:27:08 amendments, and you will actually see the language

11:27:10 underneath it.

11:27:14 Anything that's marked in yellow, which there are only a

11:27:20 few, but anything marked in yellow, this one in particular,

11:27:23 I know the parking regulation, is to reduce the parking

11:27:27 drive aisle for 90-degree parking from 26 to 24 as a

11:27:33 standard.

11:27:33 That particular reduction of 26 to 24 has occurred over

11:27:38 many, many, many years administratively, and that's just an

11:27:43 example.

11:27:49 The other document is the outline.

11:27:51 Current code so you can use it for comparison.

11:27:53 Anything marked in bold are the section that are actually

11:27:55 being affected are moved.

11:27:59 And the last document is the consolidated definition.

11:28:01 There are eight different chants involved in this amendment

11:28:03 process.

11:28:05 And there are sections included on the first two pages.

11:28:10 And that is the S basically getting that statement to each

11:28:14 definition section reading from one voice and referring to

11:28:17 the new consolidated definition.

11:28:20 This document seems very large, has a lot of terms in it,

11:28:23 because it is the terms for all the terms for our Land

11:28:26 Development Code.

11:28:27 Anything that's not underlined is already in chapter 27.

11:28:30 Anything that's underlined is new to chapter 27.

11:28:33 But it is not a new definition.

11:28:35 It is just coming from an existing code.

11:28:43 At that point I am asking you to transmit to the Planning

11:28:47 Commission because this will take some time given the summer

11:28:50 holidays ands the Planning Commission and the public hearing

11:28:53 scheduled which is very limited over the summer, and

11:28:55 ultimately when and if this is adopted working with code on

11:29:00 an effective long-term effective date, they are going to

11:29:03 have to reorganize all of our codes.

11:29:04 So I am looking to transmit it today so that we can actually

11:29:08 start the proceeds process.

11:29:10 It's going to take another four to six months to get through

11:29:12 this cycle because so many codes are moving.

11:29:15 But once again, the document with the colors on it, that

11:29:18 really is the highlight of what is changing.

11:29:21 And you will note that there's not a lot of amendments in

11:29:24 there.

11:29:24 It's literally just moving sections to get them all in a

11:29:27 very organized fashion.

11:29:30 And I can go into more detail.

11:29:31 >>MARY MULHERN: I think that we just received this.

11:29:37 We may have gotten this yesterday.

11:29:38 But I have got about 120 pages of changing our entire Land

11:29:43 Development Code.

11:29:45 And it's a workshop.

11:29:47 And I don't even think it was on our agenda to transmit

11:29:50 anything.

11:29:51 It was just a workshop.

11:29:58 >>CATHERINE COYLE: That's what workshops do, is to transmit

11:30:00 them to commission.

11:30:01 >> I am not going to be prepared to vote to do that today so

11:30:04 we need to continue this workshop especially considering

11:30:06 that there's only four of us here today.

11:30:08 And that we are having a limited time.

11:30:14 >>CATHERINE COYLE: It's not a lot of changing.

11:30:15 It's literally --

11:30:17 >> It's hard to know that when I have 120 pages of

11:30:20 documentation.

11:30:21 >>CATHERINE COYLE: Because I would not lie to you Ms.

11:30:24 Mulhern.

11:30:25 >> I am doing my job.

11:30:30 I am not going to vote to transmit this today so we might

11:30:32 want to continue this to our next workshop.

11:30:34 >>HARRY COHEN: Councilwoman Montelione.

11:30:37 >>LISA MONTELIONE: As chair of the zoning, preservation

11:30:43 committee and part of the economic competitiveness committee

11:30:46 that is one of the reasons for the changing of the code, all

11:30:51 Ms. Coyle is doing, you have heard word and you have my

11:30:55 word.

11:30:56 All Ms. Coyle is doing is consolidating all of the -- all of

11:31:01 the sections of the code into one document.

11:31:03 So Hillsborough County has a Land Development Code, and if

11:31:06 you go to the Land Development Code, all the sections --

11:31:10 >> I understand Councilwoman.

11:31:12 >>LISA MONTELIONE: That's all this is doing.

11:31:14 To be 120 pages, cost 5,000 pages, could be six pages, all

11:31:17 she's doing is pulling everything under one section.

11:31:20 >>MARY MULHERN: At this point I am not ready to transmit it

11:31:25 but we need to hear from the public.

11:31:27 >>HARRY COHEN: Are there any other questions by council

11:31:31 members for staff before we hear public comment on this

11:31:33 item?

11:31:34 Okay.

11:31:35 Seeing none, we do have a few members of the public that

11:31:37 wish to speak.

11:31:43 >>STEVE LaBOUR: 5105 west Azeele street, Tampa, Florida

11:31:48 33609 also member of the T.H.A.N. zoning committee.

11:31:51 I want to a sure council that we have actually gone through

11:31:54 and actually met with staff, and I want to thank Ms. Coyle

11:31:59 as well as Ms. Kert and Ms. Cole for having two workshops

11:32:05 with the public to actually go through all the changes.

11:32:11 Most part is consolidating everything into one chapter,

11:32:14 which T.H.A.N. wholeheartedly supports.

11:32:18 As a matter of fact, it's going to make it a lot easier for

11:32:20 our neighborhood leader members to be able to deal with many

11:32:24 issues that come before them.

11:32:26 There are a few changes.

11:32:30 Which we have talked about.

11:32:31 And we are going to continue to monitor.

11:32:33 So this particular person does not have a problem with

11:32:37 transmitting today.

11:32:39 I can't speak for the other T.H.A.N. members.

11:32:42 But I am very comfortable.

11:32:44 Mainly because of Ms. Coyle's assertion that she's going to

11:32:49 keep T.H.A.N. in the process throughout the period.

11:32:53 Thank you.

11:32:53 >>MARY MULHERN: Mr. LaBour, you have five pages of

11:32:59 comments here that I just got, too, that I haven't been able

11:33:02 to read.

11:33:02 >> Ms. Mulhern, I appreciate --

11:33:04 >>MARY MULHERN: And the process that this comes back from

11:33:06 the Planning Commission and then we'll get their

11:33:08 recommendation to accept it, and the likelihood is whatever

11:33:11 we hear from the Planning Commission is going to pass here.

11:33:14 So if you have things that you would like to have changed, I

11:33:18 suggest you either say what those are right now or you

11:33:24 support continuing this.

11:33:25 >> I can only speak for myself, Mrs. Mulhern I.don't have a

11:33:32 problem with moving it forward.

11:33:33 >>MARY MULHERN: Okay.

11:33:35 >>HARRY COHEN: Next.

11:33:38 >>MARGARET VIZZI: 213 South Sherrill.

11:33:40 No, we cannot speak for T.H.A.N. today because we finally

11:33:43 got this and had the workshop last Monday.

11:33:46 We have not had a T.H.A.N. meeting.

11:33:48 So these comments oh do not come from T.H.A.N.

11:33:51 And yes, there are some changes that were acknowledged.

11:33:55 As far as the consolidation, that's not a problem.

11:33:59 For me, though, in speaking for Beach Park, one of the

11:34:04 recommendations is the changing from a solid brick wall,

11:34:08 block wall, concrete wall, to a PVC.

11:34:12 When you have major development abutting residential, that

11:34:17 can be a problem.

11:34:18 So for me, in the second part of this, where there are the

11:34:25 moving forward with the code changes, that I'll put on the

11:34:29 record right now as far as Beach Park.

11:34:31 We would have a concern about that.

11:34:33 I know that in the Westshore overlay, which we fall under

11:34:37 right now, it says block wall.

11:34:39 I don't know if that would change that.

11:34:42 If this changes the other problem is that a lot of this, as

11:34:46 we move forward, they are promoting having administrative

11:34:51 approval rather than council here.

11:34:55 So all of this comes together.

11:34:57 Yes, it's only a very minor thing right now, but it all

11:35:00 comes together.

11:35:03 But T.H.A.N. intends to continue to work, and we have -- we

11:35:10 were the only ones at the public meeting, so we are watching

11:35:16 it, and we will be here to address the issue as they come

11:35:21 up.

11:35:21 Thank you.

11:35:22 I can't say whether to stop it or not.

11:35:24 But what I just spoke about as far as Beach Park is

11:35:27 concerned, we would like that in the record.

11:35:30 Thank you.

11:35:30 >>MARY MULHERN: You are just not saying whether we should

11:35:34 transmit it?

11:35:36 >> We can't, I mean --

11:35:38 >>MARY MULHERN: Is there anything in force here that you

11:35:40 didn't have?

11:35:44 >>MARGARET VIZZI: We got this last Monday when we had the

11:35:46 workshop.

11:35:47 >>MARY MULHERN: Last month Monday?

11:35:49 >> Yes.

11:35:49 I went on Monday.

11:35:50 Steve went on Tuesday so we covered both of them.

11:35:53 >> Jerry Frankhauser, president, west huh authorize road.

11:36:05 Mary, the letter that you got this morning, we actually

11:36:09 mailed out and sent to you people approximately -- what's

11:36:13 the date on the top of it?

11:36:15 >>MARY MULHERN: March 9th.

11:36:16 >> March 89th?

11:36:17 Okay.

11:36:18 That has nothing to do with what Cathy Coyle has here.

11:36:22 To the extent that -- maybe one line in that letter has

11:36:26 something to do with this because we are in favor of all the

11:36:29 consolidation she's putting forth.

11:36:33 We encourage all the consolidation she's putting forth in

11:36:36 this proposal.

11:36:37 And it might be one line on that five-page letter.

11:36:42 I'm not sure of that even because I don't know whether we

11:36:45 addressed that.

11:36:46 But that is something for you to look at because that's some

11:36:48 of our concern about what we saw in the proposal that the

11:36:55 ECC gave to the mayor.

11:36:56 This is just one little bitty thing in that proposal.

11:37:02 So that it needs to be done so that it can be started.

11:37:07 I mean, the ECC was intending to get things going, and we

11:37:12 need to get things going.

11:37:13 So thank you very much.

11:37:14 >>MARY MULHERN: So you are okay with transmitting it?

11:37:16 >> Oh, yes, definite definitely.

11:37:18 We want to get started.

11:37:21 Thank you.

11:37:21 >>HARRY COHEN: What is the pleasure of council?

11:37:25 >>LISA MONTELIONE: I move we seventh send the text

11:37:28 amendments by Ms. Coyle to the Planning Commission.

11:37:36 That was a motion.

11:37:40 I recommend that we transmit to the Planning Commission as

11:37:43 Ms. Coyle has requested.

11:37:44 >>HARRY COHEN: We have a motion by Councilwoman Montelione,

11:37:49 seconded by Councilman Reddick.

11:37:51 Is there any discussion by council members?

11:37:55 >>MARY MULHERN: Yes. At the very least, Ms. Coyle, can you

11:37:58 address the fencing issue?

11:38:04 >>CATHERINE COYLE: The item is actually in there, it's a

11:38:06 zoning buffer requirement, when you have a 15-foot buffer

11:38:08 between a residential use and a commercial use, typically,

11:38:12 you are required to do a 15-foot landscape buffer with

11:38:15 ground cover and a 6-foot masonry wall.

11:38:18 What we have seen time and time again, because we do have an

11:38:20 administrative process to allow a different material.

11:38:23 What we have seen in a lot of cases is there's trees in the

11:38:26 way, there's other, you know, obstructions and we wind up

11:38:29 having pieces of fencing, or allowing PVC all together

11:38:35 versus the masonry.

11:38:36 So we wrote it in as an option for the 15-foot buffer

11:38:40 because you can't put in a masonry wall when there's trees

11:38:43 in the way.

11:38:44 It's a competing regulation.

11:38:46 A lot of these have large trees around the perimeter of the

11:38:49 property.

11:38:49 You also have set-back wall at least 10-20 feet away --

11:38:54 >>MARY MULHERN: Where is that in here?

11:38:57 >>CATHERINE COYLE: It's page -- all the ECC recommendations

11:39:03 are in yellow.

11:39:03 There's only a few of them in here.

11:39:06 It's page 22.

11:39:12 It's specifically under subdivision 1, buffers and

11:39:15 screening.

11:39:18 And it's specifically for the 15-foot buffer, that we add an

11:39:23 option for a solid PVC fence 6 feet high along with a

11:39:28 masonry wall so off dual option.

11:39:31 >> Well, I would suggest that -- somehow you have to change

11:39:39 that.

11:39:42 It sound like you are giving the option, and what are --

11:39:46 there aren't any limitations on it.

11:39:47 >> We could actually put the criteria in to allow it.

11:39:51 But when there's only an obstruction with a tree or conflict

11:39:55 with an existing landscape feature.

11:39:59 And that would be the only way to do it, if you would like

11:40:01 to have that done.

11:40:02 >>MARY MULHERN: Then explain to me why -- I don't know.

11:40:14 I just want oh council to know that I have been here before

11:40:17 with this and when it comes from the Planning Commission it

11:40:20 all goes through, and it's just very uncomfortable for me to

11:40:24 do this.

11:40:26 So I guess you need to explain to me, Ms. Coyle, why we

11:40:29 couldn't continue this to a workshop meeting where we would

11:40:32 actually have the entire council here to make such

11:40:36 recommendations for major changes, which I understand were a

11:40:40 committee put together by the mayor.

11:40:45 But we have only had three actual constituent citizens here

11:40:51 today to speak on it.

11:40:54 So what if we continued it?

11:40:56 What would happen if we continued this until June?

11:41:04 I'm trying to see where the workshop is.

11:41:06 >>CATHERINE COYLE: The Planning Commission actually has a

11:41:11 process that we follow now where we do a workshop with them

11:41:13 first, and then a recommendation hearing, so we actually

11:41:16 have to appear before them twice, which is two months,

11:41:20 because they only have one meeting per month.

11:41:22 The next available meeting, which I was hoping to go to, was

11:41:26 June 11th which would be transmitted from this meeting

11:41:29 that we are in right now. If we don't transmit today that

11:41:31 would put us into August, because they are shut down in

11:41:34 July.

11:41:35 That would be for the workshop August 13th, and then the

11:41:39 recommendation hearing would happen in September.

11:41:41 So I wouldn't be coming back to you until October for first

11:41:45 and end this second reading.

11:41:47 And then at least 30 days to actually publish because they

11:41:52 are going to have to reorganize the code.

11:41:54 So we would have what normally is six-month cycle not really

11:41:58 affected till probably January or February.

11:42:01 >>CATHERINE COYLE: Two months behind, because they are not

11:42:05 meeting in June?

11:42:08 >>CATHERINE COYLE: July.

11:42:08 >>MARY MULHERN: So if you make that change before this is

11:42:13 transmitted --

11:42:18 >>CATHERINE COYLE: In the motion, add that change.

11:42:24 >>MARY MULHERN: If you add that to your motion I'll support

11:42:26 transmitting it.

11:42:27 >>LISA MONTELIONE: I will do that in order to get your

11:42:30 support, and we can always come back at some later date and

11:42:36 change it and I just want to say I believe that -- and

11:42:41 correct me if I am wrong -- that we had workshops only a few

11:42:44 people appeared at those workshops to voice their opinions,

11:42:48 and the one that Ms. Vizzi had about the comment about the

11:42:51 overlay, that the overlay regulations stand.

11:42:58 >> That's correct.

11:43:00 >>LISA MONTELIONE: So the concern this is going to affect

11:43:01 the change, you know, in PVC, masonry, Ms. Vizzi, is not

11:43:06 going to affect anything that lies within the overlay.

11:43:10 >>CATHERINE COYLE: And the overlay has a higher standard.

11:43:12 We go with the higher standard.

11:43:13 >>LISA MONTELIONE: So --

11:43:19 >>LISA MONTELIONE: I'll accept that even though the one

11:43:22 neighborhood that had any concern about these regulations,

11:43:26 it wouldn't have come up otherwise.

11:43:28 So with hesitation I will accept that motion.

11:43:35 >>MARTIN SHELBY: Ms. Coyle if you could state what that

11:43:39 change would be as part of this motion.

11:43:42 Specifically with regard what Councilwoman Mulhern

11:43:47 mentioned.

11:43:48 >> Please correct me, but if we understand the option for

11:43:52 the PVC it can only be done in the case where there's an

11:43:56 existing on-site tree?

11:44:00 >> Yes.

11:44:01 >>HARRY COHEN: Is there any further discussion of the

11:44:03 motion as has been amended?

11:44:05 Hearing none all those in favor of the motion by

11:44:07 Councilwoman Montelione, seconded by Councilman Reddick,

11:44:10 please indicate by saying aye.

11:44:12 Opposed?

11:44:14 Motion passes.

11:44:16 All right.

11:44:16 We are going to return to our workshop and to public comment

11:44:23 where we left off.

11:44:25 It is a quarter to 12.

11:44:27 So I would like a motion from council as to what the

11:44:32 parameters of the public comment are going to be now so that

11:44:36 we can finish hearing from those that have come to speak to

11:44:39 us.

11:44:39 >> (off microphone).

11:44:50 >>HARRY COHEN: Is there a second?

11:44:56 >>FRANK REDDICK: I want to make sure that we do new

11:44:58 business as well, before we return.

11:45:03 >>HARRY COHEN: All those in favor?

11:45:07 Opposed?

11:45:07 >>LISA MONTELIONE: Nay.

11:45:11 We are going to lose the quorum at noon.

11:45:13 But we can still go to a special discussion meeting.

11:45:15 And we can still have all these people heard.

11:45:17 >>HARRY COHEN: Why don't we go ahead and do new business.

11:45:21 And then we'll go and extend the time to make sure for those

11:45:24 of us that are remaining we can hear from everybody as well.

11:45:26 >> I'm good with that.

11:45:33 >>LISA MONTELIONE: I want to hear everybody.

11:45:34 >>HARRY COHEN: New business Mr. Reddick.

11:45:39 >>FRANK REDDICK: Thank you, chair.

11:45:41 I want to request a commendation be presented to Joyce

11:45:47 Stevens, Housing and Community Development.

11:45:51 She's retiring after 42 years in her role as diversion

11:45:59 coordinator for the City of Tampa, and ask than this

11:46:02 commendation be presented on June 7 at 9:00 a.m.

11:46:07 >>HARRY COHEN: Seconded by Councilwoman Mulhern.

11:46:09 All those in favor please indicate by saying aye.

11:46:12 Opposed?

11:46:13 Thank you, Councilman.

11:46:15 Councilwoman Mulhern.

11:46:16 >>MARY MULHERN: I have nothing.

11:46:20 >>LISA MONTELIONE: Thank you.

11:46:22 An 8th grade student in Tampa Palms has won the state

11:46:26 Florida geography bee finals and has been participating in

11:46:30 the national geography bee in Washington, D.C. since

11:46:34 Tuesday.

11:46:35 The three-day competition will air tonight in a two-hour

11:46:38 show called GEO-bee on the national geographic channel, and

11:46:44 the child channel. We ask her and her parents all the best

11:46:49 and hope for a win for Tampa.

11:46:51 So we have a middle -- and 8th grade student on national

11:46:55 TV in a geography bee.

11:46:58 Good luck.

11:47:00 [ Applause ]

11:47:01 >>HARRY COHEN: Okay.

11:47:02 Thank you very much.

11:47:04 We have 15 minutes left until our rules require us to

11:47:08 adjourn.

11:47:09 We are going to hear from the public for another 15 minutes.

11:47:12 And at 12:00, pending council's approval, we will adjourn

11:47:18 and come back as a special called discussion so that

11:47:21 everyone from the public is entitled to speak although I

11:47:26 remind everyone we will not have a quorum at that point and

11:47:28 therefore we will not be able to take any action.

11:47:30 So with that said, we will continue now with the public

11:47:35 comment.

11:47:35 We are still under the two-minute rule.

11:47:37 >>> Thank you.

11:47:43 Joe Capitano, Sr., currently chairman of the safety

11:47:47 committee for the YCDC, and I'm here wearing three hats.

11:47:51 First I would like to say that we volunteer a lot of time

11:47:54 and we have had a lot of meetings over this discussion.

11:47:57 We have some major problems in Ybor City.

11:47:59 There's also people haven't taken the horns and did

11:48:07 something about it.

11:48:08 We were not even invited to comment on this issue.

11:48:12 This thing came out of nowheres.

11:48:15 We did it the day before that this thing is coming in front

11:48:18 of you before we even know about it.

11:48:20 Our YCDC met and had a vote, unanimous vote, to stop this

11:48:27 thing, and have some public hearings and let us know where

11:48:29 this thing is coming from or what are you talking about

11:48:32 doing.

11:48:32 >>HARRY COHEN: Let me interrupt you for just a moment.

11:48:38 Folks, because we are not going to have a quorum in 15 more

11:48:40 minutes and also because any ordinance that would be

11:48:43 proposed would require two public readings and one full

11:48:49 public hearing, I promise you there is going to be ample

11:48:52 time for comment and constructive discussion about all the

11:48:55 issues that we take up.

11:48:56 >> Mr. Cohen, I understand.

11:48:59 But why weren't we sat down and talked to and put our input

11:49:02 and listen to what we had to say?

11:49:03 I don't understand this.

11:49:04 Number two, I am here representing Italian club.

11:49:07 If this ordinance happens to go through, this will wipe us

11:49:09 out, I guarantee you.

11:49:10 I'm here also representing the Ritz theater.

11:49:13 There's no way that I can live with what this would do to us

11:49:16 financially.

11:49:17 And it's such a struggle to make a living anyway.

11:49:19 I mean, I don't Vermont a problem.

11:49:23 If you have a bad one do something about the bad one.

11:49:25 Don't penalize everybody.

11:49:27 There's not that many bad ones involved.

11:49:29 >>HARRY COHEN: Thank you.

11:49:32 Next.

11:49:33 >> Giovanna, I'm an entertainer and bartender in Ybor City,

11:49:42 and my family is also Spanish and Italian immigrants to

11:49:46 Ybor, for those with sentimental attachment.

11:49:50 I did want to bring autopsy few issues.

11:49:51 I do agree of course that there is a major issue that does

11:49:54 need to be addressed as far as violence.

11:49:56 However, I will say that as far as the drinking age being

11:49:59 restricted, admittance age to be 21 and up, I do not agree.

11:50:04 I oppose to that as a bartender there.

11:50:08 Many strenuous things in place already to keep these kind of

11:50:10 things from happening.

11:50:11 Furthermore, I will say that I think that it will create a

11:50:16 lot of other problems, and that by simply making it 21 and

11:50:19 up is not going to ameliorate the issue.

11:50:22 There's a vast disparity between the amount of clubs who are

11:50:25 following the rules and putting in procedures as opposed to

11:50:29 the ones that are making problems.

11:50:31 Of course, this has all been brought up.

11:50:33 I do want to also speak as an entertainer.

11:50:37 I would like to say as far as all the nightclubs and as far

11:50:39 as the ones that represent various different cultural

11:50:42 backgrounds, I think that for those people who are under 21

11:50:46 who like to go out to various Latin clubs, the various clubs

11:50:49 that have Caribbean music, as well as the gay clubs that

11:50:52 offer entertainment, they do provide a place for people to

11:50:55 have access to cultural identity as well as entertainment

11:51:00 that they would not elsewhere have.

11:51:02 So I think it's very important to take into consideration as

11:51:07 far as making regulations.

11:51:09 Thank you.

11:51:09 >> Sandra harn, in Ybor City.

11:51:18 I want to very briefly kind thereof some numbers at you, for

11:51:25 law enforcement in particular.

11:51:32 Because it was based on an extra thousand dollars a night,

11:51:35 $3200 a week, $168,000 a year, we can't possibly stay afloat

11:51:41 in this economy.

11:51:42 The way it is.

11:51:42 We actually redesigned everything when the economy fell

11:51:46 apart and based everything we are doing based on volume.

11:51:52 We have one night that stretches financially across our

11:51:54 whole week.

11:51:55 If we had to do that and take out the 18 to 20s, we

11:52:00 certainly wouldn't be able to do that.

11:52:02 We would close our doors.

11:52:03 In closing the doors, we will eventually hurt Ybor City as a

11:52:08 revenue-driven area.

11:52:09 And we just wouldn't be able to do that.

11:52:11 All the other businesses, if we take all of your 18 to 20s

11:52:16 out of it, the pizza par loss, everyone will suffer and

11:52:21 those kids will go someplace else anyway.

11:52:23 We work very hard to provide a very safe environment for

11:52:26 those venues.

11:52:31 >> Dave Hunnly.

11:52:35 I represent a venue in Ybor and I'm also a production

11:52:38 person.

11:52:39 I do concerts in the area, have since the late or mid 80s

11:52:43 in Ybor back when there was no single bar even open in Ybor

11:52:47 City.

11:52:48 I have presented upwards of 100 to 150 shows mer year in the

11:52:52 marketplace.

11:52:53 They are all ages.

11:52:54 They are all encompassed with a youth coming out to make

11:53:02 these shows survive.

11:53:03 That would include the Ritz, the crowbar, seven to ten other

11:53:08 venues in the marketplace that would be impacted if there

11:53:10 was somewhat of a limit.

11:53:13 It's unfortunate that they don't consider this art, even

11:53:15 though it might be a punk band.

11:53:17 I recently had a soul singer that was in there.

11:53:20 I look at all music forms.

11:53:24 I am no critic but the public does like.

11:53:28 That years ago doing shows down at the Cuban club, there

11:53:32 wasn't but one single bar that was open at night.

11:53:34 And of a that was about four or five years Ybor City became

11:53:37 the "hot spot" and a revenue generator, I'm sure, in all

11:53:42 forms.

11:53:43 St. Petersburg has recently been reincarnated.

11:53:47 They are chopping at the bit for anything to change here

11:53:50 because they see this as maybe an opportunity where they can

11:53:52 get more of the shows going their way.

11:53:55 That would be a mistake.

11:53:56 We aren't first in the arts.

11:53:57 They are.

11:53:58 And it would be great for us to get that back here.

11:54:01 We work at Curtis Hixon, and museums trying to get open.

11:54:06 Those all will be affected.

11:54:07 I know they serve wine at the museums.

11:54:10 The show should not be impacted.

11:54:12 Live music should not be impacted.

11:54:14 To that to me is a mistake.

11:54:16 On the other note, I'm also as an operator of venue, I do

11:54:20 have police officers because I'm required.

11:54:24 It costs me a lot of money.

11:54:25 I have no incidents of ever serving alcohol to an underage

11:54:28 person.

11:54:29 And for me to be brought in with a lump sum of the others,

11:54:32 is another tragedy.

11:54:33 We follow the rules.

11:54:34 Everyone else should.

11:54:38 >> Sher Benjamin.

11:54:45 I work the Ortheum, Zar, Ritz, I currently work Barbarella,

11:54:54 as a bar back, security, you name it, I do it, do what I

11:54:57 can. Also work at Bricks as well as security.

11:55:03 All these places I worked at, there has been a strong like

11:55:09 security.

11:55:10 I overheard you guys talking about two for ones, you know.

11:55:16 That's like when you go up and get a drink, like one person

11:55:19 getting a drink and they get their one drink and they hand a

11:55:23 ticket, come back and get their second drink.

11:55:26 Underage problem is like has nothing to do really with like

11:55:31 our security area or anything like that.

11:55:35 Sometimes they like to drink outside the place, not even in

11:55:39 Ybor.

11:55:40 They'll drink in their car at home, drink at their parents'

11:55:43 house when their parents are watching them and taking care

11:55:45 of this.

11:55:46 So I don't have much to say, but the underage drinking thing

11:55:54 can also affecting the parents as well.

11:55:56 I guess that's a responsibility of security.

11:56:08 Other establishments that I worked at had problems as well,

11:56:13 but we, the places I worked at, there's a problem that the

11:56:23 person is easily and carefully and safely escorted out of

11:56:26 the building.

11:56:29 I don't know how many places you have been to, but I invite

11:56:34 you to come to all those places.

11:56:35 >>HARRY COHEN: You are speaking to us.

11:56:41 >> I don't know how many places you have been to but please

11:56:43 come to all these places.

11:56:45 >>HARRY COHEN: Thank you for the invitation.

11:56:46 >> Dick Drake. I manage Barbarella, Tampa.

11:56:53 Our sister club in Orlando gave me some figures that I could

11:56:56 give you all today.

11:56:58 If we were required to have the police escort, I'll call

11:57:03 them, it would cost us approximately 20% of the gross

11:57:06 product of our sister club.

11:57:07 So I don't know any business that can afford a 20% increase,

11:57:13 a detraction from 20% gross income and still maintain, that

11:57:19 that's including beverages, cost of goods and payroll.

11:57:22 Another thing is, I don't think that many should be punished

11:57:27 for the acts of a few.

11:57:28 And the other interesting thing that was brought up,

11:57:31 nightclubs versus restaurants, people in restaurants all

11:57:36 over Tampa, Chili's is famous for it, yet Chili's is not

11:57:40 regulated the same.

11:57:41 Thank you.

11:57:42 >> Brian Schafer.

11:57:51 I own several businesses in the community, the skate park of

11:57:55 Tampa, for over 20 years, three miles outside of Ybor City.

11:57:59 Every event we do, Ybor City and downtown Tampa and

11:58:04 Hillsborough County overall, provides nice outlet for all

11:58:07 ages, not just 21 and up, and our community supports funds,

11:58:13 hotels, restaurants, art venue music venues and everything

11:58:18 inclusive.

11:58:22 It's established two years now with the regulations that you

11:58:25 propose today.

11:58:26 It would have been more difficult as it already was in 2010,

11:58:29 January, when I sat here with the YCDC support to say, hey,

11:58:34 we want to do something different and we want to do coffee,

11:58:37 all ages, venue, art, this would put us in a category,

11:58:43 although we are below the 250, it would make it not

11:58:47 obtainable or even interesting for us to even take the

11:58:50 opportunity to reach out and try to do a business in a

11:58:55 struggling economy, a struggling community as Ybor City

11:58:58 downtown, or Hillsborough community.

11:59:06 The proposal not only makes it difficult for existing

11:59:09 businesses as I mentioned, but new businesses as well.

11:59:15 The proposed expense forced upon clubs and bars and

11:59:18 restaurants is extortion.

11:59:21 You should penalize those that aren't conducting business

11:59:23 correctly and support, make it easier for those doing

11:59:27 business correctly and wanting to be in the community and

11:59:30 make it an urban community and a place that everybody can be

11:59:34 proud of, not only Tampa, Hillsborough County but the world

11:59:36 to see that Ybor, Tampa downtown is something special to

11:59:39 make it easier, knots harder, and penalize those that aren't

11:59:42 following the rules that are already in place.

11:59:51 >> My name is Cal Hampton.

11:59:57 I would like to say for the record I am 19 years old.

12:00:00 Since I started frequenting Ybor clubs just a few months ago

12:00:03 I would estimate I have spent several hundred dollars of my

12:00:06 own money that I made with my job, the majority of which is

12:00:10 actually spent in getting beverages, Coca-Cola, more

12:00:15 specifically Pepsi if that's what's sold, as well as water

12:00:18 when I feel that I am overconsuming what is not healthy.

12:00:22 So this is money I make and spend to choose here and I tip

12:00:25 the bartenders just as well as any other person according to

12:00:29 how much I spent.

12:00:29 So I feel I have the right to spend the money I make where I

12:00:33 like.

12:00:33 Not only that but doing it in a place where I feel safe

12:00:36 because of the fact that the regulations that these

12:00:39 companies, whatnot, the clubs have with alcohol, they go to

12:00:43 very extreme measures to make sure that they meet the

12:00:45 requirements, because if they mess up and something happens,

12:00:49 they are the ones that have to pay the price and they don't

12:00:51 want to do that.

12:00:52 So they have the executor measures, the bartenders keep an

12:00:57 eye out to make sure what you are drink.

12:01:00 A vendor several times when people, underage drinkers have

12:01:03 tried to get something, they go there with someone older

12:01:08 with intention to get something to drink, somebody else

12:01:12 notices that works there, and they are out.

12:01:13 They are gone.

12:01:15 So these clubs can't afford to not have the crowds, the 18

12:01:21 to 20-year-olds.

12:01:22 They need all these as a balance.

12:01:26 And if you force all those people out, you are going to tip

12:01:30 the balance in a very negative way as well as add onto those

12:01:34 extra security measures, the policemen, because they really

12:01:38 just can't afford it.

12:01:39 Thank you for your time.

12:01:40 >>HARRY COHEN: It is, it is 12:00.

12:01:42 Under council resumes we must adjourn.

12:01:45 I am going to adjourn the workshop and we will come back

12:01:48 after about a five-minute break.

12:01:51 >>FRANK REDDICK: Let me just say this.

12:01:55 Since you have --

12:01:59 >>HARRY COHEN: Well, there may be more that are still

12:02:01 outside and still in the audience.

12:02:04 So as a result, we are going to come back.

12:02:05 We are going to take a five-minute break and then come back

12:02:08 for a special discussion to hear the remainder of the public

12:02:11 comment.

12:02:12 Thank you.

12:02:14 >> (Recess)

12:02:16 >>HARRY COHEN: We are in session now for a special

12:12:39 discussion regarding the workshop that we adjourned at 12:00

12:12:46 and we are in the midst of public comment.

12:12:48 Well, do we take roll?

12:12:54 There's no quorum.

12:12:55 As long as the clerk knows.

12:12:56 Okay, we'll go ahead and do that.

12:12:57 >>MARY MULHERN: Here.

12:13:06 >>HARRY COHEN: Here.

12:13:09 >>LISA MONTELIONE: Here.

12:13:10 >> Please state your name for the record.

12:13:14 >> I would like to thank the remaining City Council members

12:13:17 to give the public a chance to speak.

12:13:19 My name is Richard Patrick, the GM of skin Tampa.

12:13:22 We are currently a special use adult cabaret located inside

12:13:29 of Ybor City so we already meet certain criteria that we

12:13:32 have to meet with the city, we have to reapply every year

12:13:35 for our permit.

12:13:39 What Leer looking at right now even with the current

12:13:41 regulations they are trying to pass, we are an 18 and up

12:13:45 establishment.

12:13:45 I do not serve alcohol at my establishment.

12:13:47 Yet according to the new ordinance, that wants to be passed,

12:13:52 we would still be, you know, we still fall under that same

12:13:55 category because we are considered -- by definition

12:13:59 considered a nightclub because we charge a cover charge.

12:14:01 We do have special entertainers, and again, we don't have an

12:14:09 issue with underage drinking.

12:14:10 I understand that -- why penalize my business when there are

12:14:16 several other businesses that fall into the same category

12:14:20 that require us to have the same security necessary and

12:14:23 extra costs, and again just like many of the other business

12:14:27 owners and management that work here, instead of penalizing

12:14:31 all the businesses that are doing everything by the book,

12:14:35 it's better to probably go back and redefine the ordinance

12:14:40 so that you are actually going to penalize the clubs, the

12:14:43 few clubs and bars that are actually causing the problems

12:14:46 and not penalize everybody.

12:14:47 >> Melody Mitchell.

12:14:55 I work at var nation nightclub and an active artist in the

12:15:00 Tampa Bay community.

12:15:01 I think we are focusing a lot on negative things happening

12:15:05 in Ybor and it has had that history.

12:15:09 I have always dreamed of going to a big city where there's

12:15:11 more art and culture, and these are the measurements that

12:15:16 would really stop that.

12:15:17 And really is heart-breaking for me.

12:15:19 I mean, there's no way that the majority of the businesses

12:15:24 could survive without the underagers.

12:15:27 I don't think -- I don't even know how much is caused by

12:15:33 underage kids but so many good things about Ybor.

12:15:37 They have free yoga on Saturdays and Sundays in Curtis

12:15:39 Hixon.

12:15:40 There's a community of cyclists.

12:15:42 There's so much arts popping up, so much live music, and

12:15:46 that would be taken away, I think very immediately if this

12:15:49 all happens.

12:15:51 Thank you.

12:15:51 >>HARRY COHEN: Next. Thank you.

12:15:56 >> Steven McClure.

12:16:00 I stand here as a parent and also a business owner that has

12:16:03 direct relationship to the entertainment community.

12:16:06 We develop, design work and much more for the entertainment

12:16:13 industry.

12:16:13 And I also stand here as a parent, and my concern is this.

12:16:18 Businesses have made business plans with regard to welcoming

12:16:22 young adults 18 to 20 for good entertainment.

12:16:25 Many people made this city their home with respect to

12:16:28 culture and entertainment that it currently has.

12:16:31 As a parent I stand here, I find it fascinating that no one

12:16:34 has brought up today that once again we have heard no

12:16:36 accountability of parents and educators.

12:16:39 Better served to the real root of problems by education and

12:16:43 parenting.

12:16:44 In fact education since times do change.

12:16:47 Both parents and young adults alike are concerned.

12:16:54 Require college and high school special courses, start with

12:16:57 children and offer ongoing education for parents and young

12:17:00 adults alike.

12:17:02 Citizens call for enforcement to make up for the slack and I

12:17:08 don't think this is right.

12:17:09 It's like putting a Band-Aid on a much larger issue, one

12:17:13 that requires supplemental substance abuse courses in

12:17:15 schools, sex education was discounted at first and now since

12:17:19 it's been implemented it's made an impact on our society.

12:17:27 Before a young adult enters a nightclub and stop placing

12:17:29 impossible efforts on business owners alone by restricting

12:17:33 age groups, which, by the way, I might add once again they

12:17:37 are adults, 18 to 20, and if we don't think that 18 or

12:17:40 20-year-olds are adults we need to make some changes on who

12:17:44 we consider adults.

12:17:44 Thank you.

12:17:45 >>HARRY COHEN: Next.

12:17:46 >> I'm Nicholas crane, and before I begin I would like to

12:17:53 thank City Council for this public speaking.

12:17:55 I come to you not as a parent, not as a business owner, but

12:17:58 as a high school graduate.

12:18:00 I am 17 years old, and I fully understand when I become of

12:18:05 age I'm fully responsible for my actions.

12:18:08 I feel if I have the ability to vote, to go into the Navy

12:18:12 and serve my country and risk my life that I should have the

12:18:16 ability to go into a safe and secure environment to at least

12:18:18 have a good time.

12:18:19 Thank you.

12:18:20 >>HARRY COHEN: Thank you.

12:18:22 >> I'm Rebecca Flanders, co-owner of the Mermaid Tavern Old

12:18:30 Seminole Heights.

12:18:31 We have been open for about six months now.

12:18:35 The purpose of the establishment as I see it is to provide

12:18:41 focus for community interaction and personal engagement in a

12:18:44 neighborhood where this is sorely lacking.

12:18:46 On Nebraska Avenue we provide added eyes on the street where

12:18:55 there are as you may know many nefarious acts going on every

12:19:00 day, and provided us a small respite and a secure zone on

12:19:04 that street for many neighborhood residents there who have

12:19:08 moved in fixed up their bungalows and try to stake out a

12:19:17 place in this neighborhood to live a life.

12:19:19 The community engagements that we provide inclusive but not

12:19:26 limited to hosting a local vegetable co-op, the bird house

12:19:31 which serves vegetables within a radius of, I believe, 100

12:19:36 miles of Tampa, hosting meetings for local civic groups such

12:19:40 as the Seminole Heights business guild, hosting meetings for

12:19:44 other community and entertainment organizations such as

12:19:48 WMNS, yellow jacket press, Tampa Bay Derby Darlings.

12:19:55 Forgive me, I have not had adequate time to prepare for this

12:19:58 with facts and figures, but I will be back if there is

12:20:01 another hearing with those facts and figures.

12:20:04 We are a tavern which is the type of business that for

12:20:10 thousands of years has provided a place, not here in Tampa,

12:20:16 in other parts of the world, for people in the neighborhood

12:20:19 to engage with each other outside of the private space of

12:20:24 the homes.

12:20:25 And I hope that we will be allowed to continue it.

12:20:28 (Bell sounds).

12:20:33 >> My name is Lux DeVoid, co-owner of the Mermaid on

12:20:39 Nebraska Avenue, and I would like to add and extend my

12:20:42 partner's comments.

12:20:43 We are a neighborhood tavern.

12:20:45 However, under some of the proposed regulations, we would be

12:20:49 defined as a nightclub, because we do actually have some

12:20:53 live bands and deejays there from time to time, probably

12:20:57 about four nights a week, or have parties which mostly

12:21:01 involve neighborhood organizations.

12:21:04 As written, it's something that we absolutely would not be

12:21:06 able to afford.

12:21:08 Even the cost of one officer on duty for the time that we

12:21:12 are open would exceed our entire payroll for the rest of the

12:21:15 staff.

12:21:16 It also would exceed anything we spend on entertainment for

12:21:19 the night.

12:21:20 We have had no problems in that area since we have been

12:21:23 there, and I would like to state in response to an earlier

12:21:27 speaker that said it's not fair for bars not to pay for

12:21:31 police protection.

12:21:34 At this rate we will be spending about $30,000 in sales tax

12:21:39 that we are paying.

12:21:40 And plus the parking ticket that I got while I was here

12:21:44 waiting to speak.

12:21:44 So we do definitely support the city to a very great extent,

12:21:51 and based on my estimation if we were to have to remove

12:21:55 deejays and parties and any other advertised events, it

12:21:58 would probably impact us to the tune of 40% of our revenue

12:22:03 which would impact you in turn to the tune of about $10,000

12:22:07 to $12,000 a year. Thank you.

12:22:14 >> First off, I would like to thank the council for

12:22:20 extending our right to speak.

12:22:21 I would also like to say this is a subject that I feel very

12:22:24 passionate about.

12:22:24 >> Your name and address for record?

12:22:26 >> Kevin Gallagher. 5411 Bayshore Boulevard.

12:22:33 I feel passionate about this topic.

12:22:36 I was up all night long writing it, so I would like the

12:22:39 opportunity to finish it if at all possible since I'm the

12:22:40 last one.

12:22:41 I appreciate it.

12:22:42 Good morning. Good afternoon, I guess it is now,

12:22:45 distinguished members of the City Council.

12:22:47 My name is Kevin Gallagher.

12:22:49 I come today to speak on behalf of the many members of my

12:22:52 community affected by the proposed legislation to be voted

12:22:56 on by you.

12:22:56 I worked in a hospitality industry and most recently as a

12:23:01 bartender at the palm restaurant for the past eleven years

12:23:04 in which time I built many relationships with the majority

12:23:06 of the business owners directly affected by these

12:23:10 proceedings.

12:23:10 People like Alan Kahana, the Capitano family, the Avaronis

12:23:14 and Fernandezss to name a few.

12:23:16 But I have also worked in Ybor City throughout my career,

12:23:19 places like the Elbow Cafe, Carmine, Spoka.

12:23:24 In this time I have become a member of the community so I

12:23:28 feel it is my duty to come to the aid to the best of my

12:23:31 ability in their time of need when unfair and misplaced

12:23:34 restrictions pose a threat to their livelihoods.

12:23:37 I have witnessed first hand the Ybor grandeur and idly

12:23:44 watched while businesses closed and people quit coming for

12:23:51 lack of protection, insufficient parking, or fear of the

12:23:52 homeless, and how can this be fixed?

12:23:55 Through all these years I have been to in Ybor City is about

12:23:58 much more than just bars and shops that line seventh Avenue,

12:24:03 it's the communities that operate these establishments,

12:24:05 about the culture that has formed over 110 years from cigar

12:24:08 factories and sandwich shops which my grandparents worked

12:24:12 on.

12:24:12 The headlining acts showing artists, some world renowned

12:24:17 that brought the city the recognition and many around the

12:24:21 country.

12:24:22 We are at the cutting edge and continue to be so.

12:24:24 This is why it is such a tremendous resource of the bay area

12:24:29 year after year and I agree there needs to be improvement in

12:24:34 order for Ybor to return to its former glory.

12:24:38 However, these can in a way get there.

12:24:41 In fact they would do more damage than progress.

12:24:49 The 18 to 20-year-olds, even though you are an adult that

12:24:53 has a job, pays taxes and in some cases fights our wars, you

12:24:56 have no business being an establishment that serves alcohol

12:25:00 because you are not of legal drinking age.

12:25:03 As if there is no other reason to be there.

12:25:05 Truth is many of these nightclubs is not at the watering

12:25:08 hole but as music venues.

12:25:10 Many of the country's musical acts, deejays have gotten

12:25:15 their start in these venues and these underage adults help

12:25:18 significantly to pay those young musicians way on tour, help

12:25:21 them becoming the next phenom that I'm sure each of you

12:25:25 listen to on the way to work.

12:25:26 Secondly, do you think the 18 to 20-year-olds want to go

12:25:30 home and watch movies over the weekend till they go back to

12:25:33 work on Monday?

12:25:34 They still want to go out.

12:25:35 Only this time they won't have the benefit of club security

12:25:38 and until they further mature.

12:25:43 Drink in the streets -- though we are drink outside the

12:25:45 clubs, or even at house parties, any one of you that was in

12:25:48 Tampa in recent times remembers the destructive past.

12:25:56 The council passed restrictions on nightclubs many which can

12:26:01 be deciphered as unnecessary codes to make operating next to

12:26:07 impossible.

12:26:10 One of the off duty police officers based on capacity to

12:26:15 limit the profit margins to next to nothing.

12:26:17 I have worked security in clubs and can also say that the

12:26:20 number of times police intervention was required by no means

12:26:23 even remotely approaches the cost.

12:26:28 I'm almost done.

12:26:33 If this restriction passes expect clubs to close.

12:26:36 The same can be said to require security personnel to be

12:26:41 certified.

12:26:41 This is a ridiculous overkill.

12:26:43 One state per club not only to help with oversite but to

12:26:51 train the staff on correct procedure.

12:26:52 This can only be defined as arbitrary bureaucracy to disrupt

12:26:57 nightclubs as well as employs.

12:26:59 In clogs, I hope that every one of you speaks in the best

12:27:03 interest of this important and large untapped resource to

12:27:06 our city in mind.

12:27:08 I want Ybor to succeed and become the greatest adult

12:27:11 playground that it once and recently had.

12:27:15 Don't cut our noses off to spite our faces just when things

12:27:20 start to come back around, this is what we do.

12:27:23 And we have been doing it for a long time because we know

12:27:25 how to do it right.

12:27:26 We provide a service to the city.

12:27:29 We give all of you a place to escape the grind of your

12:27:33 everyday life and find comfort in our walls.

12:27:37 We are the circus, only we never leave town, always here to

12:27:41 entertain.

12:27:42 Please don't destroy what we have worked so hard because if

12:27:44 you do Ybor City will never be whole again. Thank you.

12:27:50 >>HARRY COHEN: Is there any additional member of the public

12:27:52 that wanted to speak on this topic today? Okay.

12:27:56 Let me just say that because we do not have a quorum, we are

12:28:00 not going to be taking any official action on this item

12:28:03 today, on any item actually at this point, and any proposal

12:28:08 to deal with this issue would come at a regular City Council

12:28:12 meeting in which there is a quorum.

12:28:14 Our next one is on June 7th.

12:28:16 And any proposal that's put out there, any ordinance that's

12:28:20 proposed, will have two readings and it will have the

12:28:24 ability for the public to come and comment on the specific

12:28:27 items in the proposed ordinance at a public hearing.

12:28:30 So your chance to be heard is not over.

12:28:33 It will continue.

12:28:36 And it will take place when we actually have an ordinance in

12:28:39 front of us.

12:28:40 And with that, we are adjourned.

12:28:44 (Tampa City Council workshop adjourned)



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