2000-0316, 0317, 0320 Regular City Commission Meeting

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Summary Minutes:Regular City Commission Meeting March 16-17,20,2000 City of Sunny Isles Beach,Florida The meeting was recessed while the City Commission went into a closed Executive Session. The meeting resumed at 12:01 a.m. and Commissioner Kauffman moved and Commissioner Turetsky seconded a motion to authorize the continuation of the meeting beyond midnight,which was approved by a voice vote of 5-0, in favor. Dannheisser regarding settlement terms on the Boardwalk only and Mr. Zepka is present: appellant agrees to admit all charges that have been made here today and stipulate to all of the City's evidence, including the fact that they are not a beneficiary of any grandfathering, that they have been operating without the benefit of a CO; that they have permitted lewd and lascivious activity on the premises, and they agree that they will refrain from all these activities should they be permitted to continue to operate as a bar and a bar alone with no entertainment it being understood that dancing is entertainment. It further being understood that in the event that any two Police Officers from the City of Sunny Isles Beach, or any law enforcement agency, find that there is unlawful activity being conducted on the premises and make such a report and/or if any Code Enforcement Officer finds that there is any use being conducted other then that that is lawfully zoned and permitted, that the mere allegation will result in an revocation of any Certificate of Occupancy immediately and without notice and without recourse to appeal. Tew un-permitted use includes dancing. Samson: what does City have to do if violation? Lynn: City can immediately revoke all licenses and the premises will be padlocked without the right of any appeal by the applicant. This is a last chance agreement. Brenner re Zepka did not agree to having permitted lewd and lascivious behavior. Lynn agrees. Brenner re limit the behavior to employees or owners, and not to patrons if Zepka should have known about them. Lynn: The Commission has made it clear that the premises is in the control of the owner and therefore any unlawful activity that occurs will be grounds for revocation. Chief Maas regarding the role of Police and fairness in holding the owners responsible for the conduct of business. Lynn asking is there a level of criminal activity for which Victor or his partners cannot be expected to know about and therefore cannot be responsible about and is there a level of activity above which,whether he knows or not,he needs to be responsible? Where do we draw the line? How do we define what he needs to be responsible for? Terminello: There are standards delineated in the administrative proceedings that define this. Det. Atesiano offers standard is the sole determination of the Police Chief. Lynn restates it: The settlement agreement will be by and between Akpez of Miami, Inc., doing business as the Boardwalk, at 17008 Collins Avenue, Sunny Isles Beach, Florida 33160 and the City of SIB entered into March 17,2000, in consideration of Mr.Zepka being permitted to continue to operate as a bar. He agrees as follows: 1) He admits all charges that have been levied by the Code and Licensing Officer of the City of Sunny Isles Beach; 2) He concurs and agrees that all testimony of the City's witnesses is accurate; 11 `Clerk's Note[Staff noted the original document not in file and created an unsigned original for the Record on 3/15/06]