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Summary Minutes:Regular City Commission Meeting March 16-17,20,2000 City of Sunny Isles Beach,Florida <br /> 3) He concurs that he has not been the beneficiary of any CO's or other grandfathering, <br /> he has not had a CO or a CU; <br /> 4) He admits that lewd and lascivious activity has occurred on his premises; and, <br /> 5) In the event that any unlawful conduct occurs by Mr. Zepka, his officers, agents, <br /> employees or assigns, or any of his patrons, within the discretion of the Chief of <br /> Police to report to the City and/or any misuse of the premises in terms of Zoning or <br /> Code Enforcement as reported by the Code and Licensing Officer of the City of <br /> Sunny Isles Beach; <br /> 6) There will be no entertainment including dancing,which is considered entertainment, <br /> and which Victor Zepka acknowledges as entertainment; and, <br /> 7) Unlawful activity by Mr. Zepka, his officers, agents, employees or assigns, or any <br /> patrons, within the sole discretion of the Office of the Police Chief to be reported to <br /> the City Commission or any unlawful or un-permitted use to be reported by the Code <br /> and Licensing Officer of the City, with the understanding that if that should occur, <br /> there will be an immediate revocation of any Occupational License and Certificate of <br /> Occupancy; and, <br /> 8) There will be no appeal from that revocation, including no hearing, it is an immediate <br /> revocation. <br /> Mr.Zepka understands the terms of this agreement and voluntarily concurs with these terms. <br /> Commissioner Kauffman moved and Vice Mayor Morrow seconded a motion to approve <br /> the settlement. The motion was approved by a roll call vote of 5-0 in favor. <br /> Vote: Commissioner Iglesias yes <br /> Commissioner Kauffman yes <br /> Commissioner Turetsky yes <br /> Vice-Mayor Morrow yes <br /> Mayor Samson yes <br /> Studio AlA Chris Steers summarized the facts: <br /> There has been habitual conduct at this location, specifically narcotics possession and/or <br /> trafficking, amounting to 14 arrests for such conduct. There has been conduct of illegal <br /> gambling and according to the Resolution which granted the nightclub use,there is no adult <br /> entertainment. There are specific provisions within the Resolution that require the annual <br /> renewal of Certificate of Use and Occupancy, which has not been renewed since September <br /> 1998. He has no CO and he has violated the conditions of City, County or State laws. The <br /> significance of conduct at this location is that there is a substantial amount of arrests, the <br /> activity or the conduct has been conducted by the employees, up to the bartender and/or the <br /> part-owner and manager. <br /> Lynn: Was a Certificate of Use a condition of the Zoning approval? Yes. If it was not <br /> secured, does that mean that the Zoning has been revoked? <br /> Debate regarding whether or not the zoning has been regarding the arrests in the business. <br /> Was the Certificate of Use denied because of the arrests or was it not issued prior to the <br /> 12 <br /> 'Clerk's Note[Staff noted the original document not in file and created an unsigned original for the Record on 3/17/061 <br />