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HomeMy WebLinkAboutR-76-01373 CITY COMMISSION MEETING OF 11'b,. l 3� REMARNS:., ,, .,,...,..,:,, ...... .... RSSOLUTIoN NO." 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 RESOLUTION NO. 76 157 A RESOLUTION UPHOLDING THE DECISION Off' THE ZONING BOARD DENYING A VARIANCE FROM[ ORDINANCE NO. 6871, ARTICLE XXVII, SECTION 1(2), TO PERMIT LIQUOR LICENSE TO BE ESTABLISHED AT MIAMI JAI ALAI BEING 1550' AND 1420' AND 1200' FROM OTHER LICENSEES (2500' REQUIRED); ZONED C-4 (GENERAL COMMERCIAL) DISTRICT. WHEREAS, the Miami Zoning Board, at its meeting of December 15, 1975, adopted Resolution Item No. 3, following an advertised hearing, No. ZB 180-75 by a 4 to 3 vote denying variance from Ordinance No. 6871, Article XXVII, Section 1(2) as hereinafter set forth; and WHEREAS, the applicant has taken an appeal from the denial of said variance to the City Commission; and WHEREAS, the City Commission, after careful considera- tion of this matter has determined that the applicant has failed to show a legal hardship sufficient to justify its request for a variance; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The decision of the Zoning Board denying a variance from Ordinance No. 6871, Article XXVII, Section 1(2). to permit liquor license to be established at Miami Jai Alai being 1550' and 1420' and 1200' from other licensees (2500' required) zoned C-4 (General Commercial) District, be and the same is hereby upheld. PASSED AND ADOPTED this 10 day of FEBRUARY ATTEST: H. D. SOUTHERN MAUR I CE .A, FERRE , 1976. CITY CLERK MAYOR "DOCUMENT INDEX ITEM NO. rr PREPARED AND APPROVED BY; "T\t MICHEL E. ANDERSON, ASST. CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: t JOHN S. LLOYD, CITY ATTORNEY 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 'lEA 1/7/76 RESOLUTION NO. A REsotuTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE XXVII, SECTION 1(2) TO PERMIT LIQUOR LICENSE TO BE ESTABLISHED AT MIAMI JAI ALAI BEING 1550' AND 1420' AND 12001 FROM OTHER LICENSEES (2500' REQUIRED); ZONED C-4 (GENERAL COMMERCIAL) DISTRICT. WHEREAS, the Miami Zoning Board, at its meeting of December 15, 1975, Item No. 3, following an adve tised hearing, adopted Resolution No. ZB 180-75 by a 4 to 3 vdte denying variance from Ordinance No. 6871, Article XXVII, Section 1(2) as hereinafter set forth; and WHEREAS, the applicant has taken an appeal from the denial of said variance to the City Commission; and WHEREAS, the City Commission, notwithstanding the denial by the Zoning Board, and after careful consideration of this matter, finds that due to peculiar circumstances affecting this parcel of land, practical difficulties and unnecessary hardships would impair the owner's right to the reasonable use of the property without the variance granted as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The request for a variance as per Ordinance No. 6871, Article XXVII, Section 1(2) to permit liquor license to be established at Miami Jai Alai being 1550' and 1420' and 1200' from other licensees (2500' required) zoned C-4 (General Commercial) District be, and the sam�-iShereby l' .-., granted. ,'-' �c,'�- keRi4 pF PASSED AND ADOPTED this 'a Co v M A Y p, ATTEST: lrf 0.0°5...' 40 (5 CITY CLERK ( 9!" Li PREPARED AND APPROVED MICHEL E, ANDEERRSON, ASS . �fCI Y ATTORNEY APPROVED AS TO FORM AND CORRECTNESS : / ,i1� /14 ' „/' r JORN S. LLOYD, 1TY ATTORNEY 1976. December 18, 1975 Honorable City Commission Attention: Mr. P. W. Andrews City of Miami, Florida Re: VARIANCE - DENIED APPEALED BY APPLICANT 3500 N. W. 37th Avenue Tract "A" FRONTON HEIGHTS ADD (90-20) Applicant: Miami Jai -Alai, Inc. Gentlemen: The Miami Zoning Board, at its meeting of December 15, 1975, Item #3, following an advertised Hearing, adopted Resolution No. ZB 180-75 by a 4 to 3 vote DENYING Variance from Ordinance 6871, ARTICLE X_XVII, Section 1(2), to permit Liquor License to be established at Miami Jai Alai being 1550' and 1420' and 1200' from other licensees (2500' required);zoned C-4 (General Commercial). There were no objections received in the mail. A RESOLUTION to provide for this Variance has been prepared by the City Attorney's Office and submitted for consideration of the City Commission. SincOrely, .Robert A. Davis, Acting Director Ddpartment of Administration Planning and Zoning Boards jn Z. M. 18 Attached: Minutes cc: Law Department cc: Planning Department NOTE: Planning Department recommendation: "DENIAL" Tentative City Commission date: January 22, 1976 3• 3500 N. w. 37T11 AVENUE Tract °A1' , FRONTON IHEIG1ITS ADD (90-20) Variance from Ordinance 6871, ARTICLI' ;:XV i t , pion 1 (2 ) to permit Liquor License to be established at Miami Jai Alai, being 1550' and 1420' and 1200' from other licensees (2500' required); Zoned C-4 (General Commercial). NOTE: Item deferred from Zoning Board meeting of 12/1/75. Secretary filed proof of.publication of Legal Notice of Hearing and administered oath to all persons testifying at this. hearing. PLANNING DEPARTMENT RECOMMENDATION: "DENIAL" No hardship exists to justify the variance. Mr. Davis: Mr. Chairman, this item was deferred from the meeting of December 1st so that the Board might consider the motion that they made for the Flagler Dog Track in a similar situation. This resolution was sent to you immediately after the meeting. Mr. Dean: Alright. Mr. Whipple? Mr. Whipple: The Department has recommended denial based upon the lack of hardship showing with the application. Mr. Dean: Alright. Mr. Wallace: I believe we've made our record of exactly what our position was at the last meeting and Mr. Silverman stated that he was interested in offering a motion, essentially the same motion as was offered in connection with West Flagler Kennel Club and we didn't have a copy of the motion. We now have a copy and the criteria in that motion is quite satisfactory for the Fronton. It certainly conforms with the intention of the Fronton that there would be no package sales for consumption on premises only, when the Fronton and/or its facilities --auditorium facilities are open, and we have no objection and that is exactly the intention that we would like to utilize our premises for and receive the same treatment that you accorded West Flagler Kennel Club. Mr. Dean: Okay. Are there any objectors? Mr. Silverman: Mr. Chairman? Mr. Dean: Mr. Silverman? Mr. Silverman: May I say something, Mr. Murphy wasn't here last time and for his benefit let me say one or two words. At the last meeting, I raised the question of what this Board -- what conditions this Board had put on the application of Flagler Dog Track. At that time, the application was postponed until this evening. Since that time, I have examined the resolution which was granted the Flagler Dog Track and as I recall, the exceptions were that Flagler Dog Track could sell alcoholic beverages on premises only during events and that they were restricted in their 'no package' sales. I just wanted you to know as a background before you get into it. Mr. Dean: Alright sir? Mr. Murphy: Mr. Chairman and ladies and gentlemen of the Board, I'm Joseph H. Murphy, attorney, 1830 Ponce de Leon Boulevard in Coral Gables, and I represent Mr. and Mrs. Singer who are the owners and proprietors of twelve years standing, of the Bahamas Steak House, who are -7- December 15, 1975 Item #3 adversely affected by this proposal, economically. Now, as Mr. Silverman has pointed out, I wasn't here at the last meeting, and admittedly, Mr. Chairman,, 1' new '_ matter and perhaps 1 don't have all of the facts and figures that I'd like to have at this hearing but that's the plight of the lawyer when he's called into the matter, more or less, at the last moment. My clients are terribly upset with this proposal because what this proposal would do and I recognize the exceptions that Mr. Silverman has pointed out in respect to the Flagler Dog Track -- but what this proposal would literally do would be to be giving something to the Miami Fronton who already has a State license for pari-mutuel wagering, giving something to the Fronton but taking it away from my clients. Giving something but taking it away in the same hand. Now the only possible reason that the Miami Fronton could have for asking for this type of exception is a monetary one. I was not here at the last meeting and I don't know what reasons Mr. Wallace gave. I can assure you, the only reason would be monetary, would be money. Now that Fronton, and it's a good Fronton, it serves a good purpose. It has Jai Alai and it has pari-mutuel wagering and that's the main purpose of its business. Now the main purpose of Mr. and Mrs. singer's business is a restaurant which happens to be, parking lot to parking lot, less than 200' apart. It's been there thirty years, it's been there at least as long if not longer than the Miami Fronton. It pays its taxes to the City of Miami just as the Fronton does and it earns its living from its customers who come to its restaurant to dine, to eat and to drink _ and that's the main course of its business. The main course of the Fronton's business is gambling. Now if you fine people were doing something to encourage the main course of the Fronton's business for which the State has seen fit to give it a license, I don't think anyone would be here objecting. But literally what is being asked of you is to take something away from my clients in order to better the monetary interests of the Miami Jai Alai Fronton. This just isn't right. Now we weren't here when the Flagler Dog Track received its permission. I don't know how many of you people were on the Board when that happened. I don't know what the facts were in that case. I don't know what the opposition was in that case. I've asked my clients just what was it if they know, and they said, "they think it was because the Flagler Dog Track was going to have tennis matches, tennis matches when they weren't running the dogs". Th 'also think that the Flagler Dog Track has never exercised its rights under whatever they got from the City of Miami in respect to the sale of alcoholic beverages, for purposes other than dog racing. So I don't know if we have any history or precedent of the Flagler Dog Track in respect to actual operation. I submit to you that what was done with the Flagler Dog Track was done in different circumstances, different people, different facts, which are not applicable to this tonight, unless you just want to say that one precedent just simply, even if it might be a bad one, gives the right to have this continue. Where would it stop if this really is a precedent, Mr. Chairman? These people have a right, after thirty years, to rely on the main purpose of their business and that's a restaurant. Now I understand that there are eight or nine bars in the Miami Fronton and I also understand that the application that Mr. Wallace has before you is in respect to rock concerts, rock concerts. I don't know, "Milton -- I could be wrong about that. There may be more than rock concerts that we're talking about for the Miami Fronton. But that -8- December 15, 1975 Item #3 RN 11111■1111111111111111111111111111111111111 Miami Fronton wasn't built for rock concerts and I have nothing against reek coneerts, my kids like them. 1 don't know 'chat happens when the kids all get there and you have eight or nine bars in there, though, that are open, presumably year around now if this thin. ..:uses. I'm not here to talk about morals because, even though I think that's a matter that we should concern ourselves with in respect to eight or nine bars that are open at rock concerts. I'm here principally to tell you that my clients are going to be economically hurt and deprived of their livelihood because someone else wants to make more money. I think this is wrong! Very briefly, Mr. Chairman, I'd like to tell you and I'm sure you already know, but I'd like to recite to you exactly what the Florida Supreme Court has said about applications of this type. We all believe in the law and we follow the law and the law has already been written on these matters. Let me just very quickly sum up my presentation, if I may, with what I'm going to read to you. This is from Florida Jurisprudence, which I'm sureMr. Wallace will tell you is the outstanding general treatment of law in Florida. He and I both used the same book. Under Zoning Laws, and on page 724, Florida Jurisprudence states: "Whether a variance should be granted to a municipal zoning ordinance depends on the facts of each case. In order to obtain relief against a zoning ordinance, the property owner must demonstrate that he suffers peculiar injury and damage, different in kind from that suffered from the community -at -large, as distinguished from a mere difference in degree of injury. One who purchases property while it is in a known zoning classification, ordinarily will not be heard to claim as a hardship a factor or factors that existed at the time he acquired the property. A self- imposed or self -acquired hardship, such as by purchasing property under existing zoning and then applying for a variance is not (I repeat) is not the kind of hardship for which a variance should be granted. In seeking a variance on the grounds of a unique or unnecessary hardship, a property owner cannot assert the benefit of a self-created hardship." Now I'm not familiar with exactly how long the State of Florida has given the Miami Jai Alai Fronton the right to pari-mutuel wagering but whatever it is, that's what they requested, that's how they make their living, that's all been regulated by State law, that Fronton wasn't built to have eight or nine bars going year around for purposes other than the pari-mutuel wagering. Now recently, the Court has held, "nor is the fact that there would be an economic advantage from the granting of a variance of any consequence as inability to secure an economic advantage does not constitute a hardship sufficient to warrant the granting of a variance." And that case is 'Dade County vs. Frank Dehunn Operating Company' decided by our Appellate Court here in Miami, as long.ago as 1964. Additionally, "persons owning property in a zoning area Such as my clients do) have a right to rely on existing conditions and a right to the continuation of such conditions in absence of a showing that change requisite to amendment has taken place. The mere fact that a complainant's property may have a higher pecuniary value with a different zoning is not alone a determining factor with respect to the right to relief from a zoning ordinance". They cite vs. Hollywood, Burret vs. Harris, Shearer vs. Metropolitan Dade County, and Stokes vs. Jacksonville. \11 of these cases were heard before a Zoning Hoard, before a City Commission or a County Commission, went to a Circuit -9- December 15, 1975 Item #3 Court and then either to the District Court of Appeal or the Supreme •Court, and they all say the same thing. They say in essence that What thin applicant is seeking should hot be granted. Thank you: else? Mr. Dean: Alright, thank you vc:., much. Al) ynt, anyone Mr. Murphy: Yes, I'd like firs. Singer to come forward if she would and she won't speak to you as a lawyer because she's not one. Mr. Dean: Alright, thank you. Mrs. Singer: Do I have to give my name? Mr. Dean: Yes M'am, and address. Mrs. Singer: Alright. I'm Jacquelyn Singer and I represent the Bahamas Steak House on 36th Street. Mr. Dean: The address? Mrs. Singer: 3890 N. W. 36th Street. Mr. Dean: Alright, proceed. Mrs. Singer: I was all prepared to talk to you this evening and continue what we had said at the last meeting. Mr. Chairman, our attorney has spoken so well of how we feel and of what would happen were this to be allowed that I feel everything has been said. My husband may want to say a few words. Mr. Dean: Alright, thank you very much. Mr. Singer: My name is Gilbert Singer, reside at 1881 South Bayshore Drive and we own the Bahamas Steak House. As my wife said, Mr. Murphy told almost everything except one thing. As I sit here and as I sat here last time, you had a gentleman, I don't know his name, but every case he says, "we recommend the application be either denied or approved". And he said something both times that struck me and I wanted to bring it out. He said, "we recommend the application be denied because there is no hardship shown". Now I feel the same way. How can you grant this license knowing there is no hardship but we are standing here and hiring an attorney to tell you that it would create a terrible hardship on us and our business, and business today is tough enough as it is and I only wanted to say that it isn't fair to create a hardship on smaller people and giving something else to people who are maybe better financially situated. That's all I wanted to say. Thank you. Mr. Dean: Alright, thank you very much. Anyone else? Anyone else in opposition to this application? Alright sir, we'll revert back to you for a few minutes' rebuttal. t1r. Wallace: Yes, I'll be very brief because I don't think it's fair for me to reargue everything I said last week. It's.my understanding, however, that this particular property the objectors are referring to -- the Bahamas Steak House -- is not within the City limits. I believe that Counsel stated that they were tax payers, paying taxes to the City of Miami. It's my understanding, if we look at the map up there, that this property is not in the City limits of Miami. Now what they're trying to do is take the City of Miami Ordinance and use that ordinance to prevent somebody competing with them and that's not the intention of the City of Miami to take an ordinance -10- December 15, 1975 Item #3 and try to restrict fair, legitimate competition in this country • Now competition is the essence of the American SysteM and because they're objectifig to competition is not a legal reason to deny us what we are otherwise legally entitled to do. Two weeks ago we amply demonstrated all of the legal entitlements to have this liquor license. We pointed out that 110 nights of the year we were already doing what we would like to be able to do the remaining 255 nights, and that we do pay taxes every day of the year. The other point is we think we're entitled to the same treatment that West Flagler Kennel Club. It's in an identical situation where there were three objectors in a similar circumstance who also felt they didn't want competition, and this Board determined that competition was not the issue. Mr. Dean: Alright, that's it? Alright, we'll close the public hearing portion of this and have discussion among Board Members. Is there any discussion among Board Members? Alright, if there's not, Chair is ready for a motion. Mr. Silverman: Mr. Chairman? Mr. Dean: ?4r. Silverman? Mr. Silverman: I stated my opinion at the last meeting. I don't see the necessity of repeating it. I think that we should grant this in accordance with the same conditions that were granted for Flagler Dog Track which is that they may only sell alcoholic beverages during events. They may not open up a bar during the week or whenever they feel like it -- only when there is some event taking place at the Fronton. The other is that there he no package sales whatsoever even during events. The intention of this is that they may sell beverages when there is something going on but this is not supposed to be the neighbor- hood bar or the neighborhood saloon and that is what we granted Flagler and I think the Fronton should be accorded the same treatment. Therefore, with those conditions, I would move to grant the application. Mr. Dean: Alright, you've heard the motion by Mr. Silverman. Is there a second? Is there a second? Mr. Gort: Second. Mr. Dean: Seconded by Mr. Gort. Other discussion? Mr. Alfonso: Ar. Chairman? Mr. Dean: Mr. Alfonso? Mr. Alfonso: Jow that he mentioned Flagler Dog Track application, I was the only one to oppose Flagler Dog Track variance and this time I'm going to oppose again to grant this variance today because they're going to change the use of their business. If they want to extend more days for Jai Alai, that would be a different proposi- tion for me but I don't see any legal hardship to justify the granting of this variance. It would be a special privilege to the Fronton if we grant this variance. That's the reason I'm opposed to this application. lir. Dean: Okay. Mr. Silverman? Axe you leaving it wide open, that if they were to have some dance at the Jai Alai, and you have some kids that's maybe under 21 or 18, does that leave it open for them to have that place open also? -11- December 15, 1975 Item #3 adoption: Mr. Silverman: No, the granting of this variance does hOt permit theM to break any laws, As I understand, the law is you have to be 1$ years old. as t understand it, the State regulates this type of business just like it regulates the Dog 'fraLts Jai A1%ti and in fact, as I understand it, there's strenuous regulation: conceivably,if they did not comply with the law, they could not only lose their liquor license, they could probably lose their Jai Alai license which I assume is worth a substantial amount of money. So, I'm inclined to think that they would be more careful in regulating their liquor license than the neighborhood bar would be as to who they serve and to make sure that there are no problems with consumption on the track,, the Fronton, etc. This Board is not a policeman. We do not regulate any bars as far as the way they're operating. The State regulates there and if they do not comply with the law then their liquor license is taken away. I assume the State would regulate them just like they regulate every other holder of a liquor license. roll. Mr. Dean: Alright, anyone else? There being none, call the Mr. Davis: Mr. Chairman, the motion is to grant the variance subject to limitation of sales of alcoholic beverages during the events only, and subject to no package liquor sales. Mr. Dean: That's the motion. Mr. Silverman offered the motion, seconded by Mr. Gort, to grant this variance, but it failed by the following vote: AYES: Messrs. Silverman, Gort, time. Basila. NAYS: (Messrs. Johnson, Alfonso, Dean, Mme. Baro. Mr. Davis: The motion does not pass. Mr. Dean: Alright, then a new motion is in order. Mr. Alfonso: I move to deny it. Mr. Dean: Alright, you've heard the motion to deny by Mr. Alfonso. Is there a second? Mrs. Baro: I second it. Mr. Dean: Seconded by Mrs. Baro. Mr. Davis: The motion is to deny the variance. Four objections were received in the mail. Mr. Alfonso offered the following resolution and moved its RESOLUTION NO. ZB-180-75 RESOLUTION TO DENY REQUEST FOR VARIANCE FROM ORDINANCE 6871, ARTICLE XXVII, SECTION 1(2), TO PERMIT LIQUOR LICENSE TO BE ESTAI3LISIIED AT MIAMI JAI ALAI, ON TRACT "A", FRONTON HEIGHTS ADD (90-20) BEING 3500 N. W. 37TH AVENUE, BEING 1550' & 1420' & 1200' FROM OTHER LICENSEES (2500' REQUIRED); ZONED C-4 (GENERAL COMMERCIAL). T 2 Decerber 15, 1975 Item #3 Upon being seconded by Mrs. Wiro, this resolution was passed and adopted by the followinq vote: AYES: Messrs. Alfonso, Johnson, Dean, Mme. Daro. NAYS: Messrs. Gort, Silverman. Mme. Basila. Mr. Davis: The motion passes. The variance is denied, You have the right of appeal, sir. Mr, Wallace: Thank you. Mr. Murphy: Thank you. Mr. Dean: Alright, thank you all for coming. -13- DeceMber 15, 1975 Item #3 7 • 3500 N. W. 37TR AVENUE Tract "A" FRONTON HEIGHTS ADD ( j0--20 ) Variance froth Ordinance 6871, ARTICLE )(XVII, Section 1(2), to permit liquor license to be established at Miami Jai Alai, being 1550' and 1420' and 1200' from other licensees (2500' required) zoned C-4 (General Commercial). Secretary filed proof of publication of Legal Notice of Hearing and administered oath to all persons testifying at this hearing. PLANNING DEPARTMENT RECOMMENDATION: "DENIAL" No hardship exists to justify the variance. tir. Dean: Alright, Mr. Dooney? Mr. Dooney: Mr. Chairman, the Department's recommendation on this matter is very brief. Like it has been in the past, we find no grounds for hardship and therefore we are recommending the denial of the application. Mr. Dean: Alright, thank you very much. Alright, sir? Would you state your name and address for the records? Mr. Wallace: ?•Milton J. Wallace, attorney for Miami Jai -Alai. Mr. Chairman, ladies and gentlemen, I'd like to address myself first of all to the issue of hardship. Miami Jai -Alai operates 110 nights out of the year. It pays taxes 365 days out of the year. It's anxious to try to derive revenue during the other 255 days out of the year as a very large, substantial facility. We're in the unusual situation of asking for a variance to do what we can legally do 110 nights of the year and we just want to be able to do it the rest of the year in our same facility. Miami Jai -Alai presently has an alcoholic beverage license that it's allowed to sell alcoholic beverages when it operates pari- mutuels on 110 nights out of the year. The remaining nights, the facility is a very large facility, it's suitable for conventions, it's suitable for shows, many meetings, and the Fronton is in the process of developing additional uses for the facility so that it can be used on a year-round basis as an added tourist attraction, as an added facility for use in the city. The distance requirement that we're asking for a variance on is not a variance for distance from churches or schools which we comply with that variance requirement. It's only other licensed alcoholic beverage concerns, only one of which, I believe, is in the city. Two others are outside the city limits. One is a restaurant and a bar not far from the Fronton, but we don't feel that we're in any way competitive with the other alcoholic beverage establishments in the city, particularly since it's being -- we already serve alcoholic beverages on the evenings when Jai -Alai is played. I'd like to also point out that there is precedent for doing exactly what we are doing. This particular Board has previously approved the issuance of a license with similar type variances for the Flagler Dog Track, so that it can utilize its facilities during the off season and conduct other affairs at the facility when there are no dog races. I think there is precedent for it, it's reasonable, it's a tremendous hardship to have a very large, expensive facility that you can only use part of the year. The Fronton is very assiduously renovated, rebuilt and modernized and it intends to continue to do that but it's on the tax rolls -26- December 1, 1975 Item #7 every day of the year and it heeds to be utilited evory day of tier! year. Thank you. 'tr. Dean: :Alright sir? ,Anything else? Alright sir or tn'am? Pull the mike urn to her, sir. 74rs . 'Zeller: My name is Winifred Zeller. I live at 3386 N. W. 35th Street, two blocks from MiaPi Jai -Alai. We've lived there for twenty-five years. There's been traffic problems right along through the years. Recently I have noticed these 'rock' concerts. There are a lot of young people that go to those rock concerts. I have friends, I have grand- children myself. One is already a teenager. I object strongly to strong liquor on the other events. You go to a concert, you have to go there and drink as well? Now these youngsters, they'll be tempted to drink. They can't hold their liquor. As it is, there are abuses. If I drive from my home up towards Jai -Alai, there are no sidewalks. The people spread right across the road. They take their own time about moving out of the way. If you blow the horn, they'll punch your car as you go by. Not only that, the area outside of Jai -Alai is not well maintained. There's broken glass, broken fences and we also have the problem of parking in front of our home. If we object, the people abuse us in both English and Spanish. Not only that, when people leave the Jai -Alai, we have traffic --heavy traffic and noise which disturbs our rest. Idow there are two main arteries that traffic could be re- routed and avoid the disturbance of the residents. People in our neighborhood get up as early as six o'clock in the morning to go to work. We're working class people. 36th Street is a main route and 20th Street, and they can reach practically any area they want from those two arteries but, as I say, no sidewalks and then -- I think the temptation for younger people to drink would be there and I think already there's too many problems with drinking and driving. With no people there to control it, I think it's a bad situation. Idr. Zeller: Ladies and gentlemen, my name is James J. Zeller, Sr, 3386 N. W. 35th Street, two squares east of Jai -Alai. Now, I know (bourse this doesn't state it) but Jai -Alai has had a liquor license for over twenty years that I know of, maybe more than that. But the problem simmers down to this one point and as the representative states, they have a hundred and some -odd days of Jai -Alai. tow, I don't know whether they're exhorting their license or not but they've been having rock concerts and everything else there which I think does exceed their rights. I think they have a gambling right to that property but not for other exercises. I may be wrong, of course. I have not investigated that point. But I am going to say this. My wife stated if you go by there in the morning after a rock concert or even Jai -Alai, there's broken glass and now tires cost you quite a bit of money which you can't stop people from breaking bottles, etc. etc. And I'm not against drinking -- don't get me wrong, but I am against a liquor license that will allow them to dispense liquors at other ideas that they have there. I mean, we have no control over that, but I do think if Jai -Alai has operated up to this point without an extension of their liquor license, with their increased attendance, I don't think they need a liquor license to run all year round. Now, there has been a place that I've known for quite some time, Bahamas Liquor Bar, Bahamas Steak House. I think they're within 1000 ft. Across the street is The Chesapeake. Now, the Chesapeake has . a liquor license. There is also a little tavern, been there for years, right down the corner from me which I don't object to -- I think they're -27 December 1, 1975 Item #7 withih about J.50t0 ft. (I •;t,ittd correction) ,tt) froth tht+ ,I;ti•-;�ti Now t think, gentlemen, 1 think in all f irnes:t Jai -Alai happens to be in the City of Matti. 1 happen to be in the County of Dade. I'm only two blocks from Jai -Alai. Now, when they have the rock concerts there, you can sit out on my front lawn and without contradiction I'll state there isn't a night they don't have an affair like that,that you don't have four or five police cars up there. Now I don't walk up to find out whether they're drinking or not but I feel in all justice to everybody else that they not be allowed -- I'm not against their buying liquor in Jai -Alai 'cause Mr. Berensen pays them off and they walk into the bar -- I've been there, I know it. Now by the same token, these cars from Jai -Alai -- of course it's my personal problem, 1 happened to buy there, but when I bought the property there, we did not have the problem that we've got today. I've been on my front property and people have argued with me and told me that they could park there. Now, if you want, at 12:00, 1:00 or 2:00 o'clock in the morning, hear the squeal of brakes, hear raucous talking, hear a big 'wuump' -- I've gotten so I just roll over and go back to sleep, there's no sense in going out and seeing whether anybody was killed or not, but you hear them peal away at those hours of the morning and of course, the younsters nowadays have no sense of value on rubber but they just peal away and for about half a block, you can hear these cars just squeal, squeal, squeal. By the same token, even now with these rock concerts, we have a back up traffic on 35th Street. I'm on 35th Street and 35th Avenue, two squares from Jai -Alai. Now, I'm not against anybody enjoying themselves but you've already given them permission to sell liquor on their premises and they've had it over twenty years. Now I don't know the full ramifications to this....this says, "variance from Ordinance 6871, etc., to permit liquor license to be established...." Now you've already got a liquor license... Mr. Davis: Sir? I can point this out to you if you would allow me to, sir. Mr. Zeller: I would appreciate it, sir. Mr. Davis: The license which they have today and which they have had for many years is what is described as an incidental license and permits them to serve liquor only on those nights when they have Jai -Alai. What they are asking for is a straight license which allows them to serve liquor every day, regardless of Jai -Alai nights. This is what they are asking for sir. Mr. Zeller: Alright. Well now, by the same token, to answer you, sir -- they have a license to operate a pari-mutuel gaming system there, right? A hundred and some -odd days of (do I have to answer to the Chairman or to you?) Mr. Davis: It doesn't matter... nr. Zeller: It doesn't matter, you can hear me anyway. But the thing simmers down to this. I say why give them a promiscuous liquor license; I'm not against drinking, don't get me wrong but I am against -- I wish some night I could invite --when they've got a rock 'n roll concert over there now ---invite you over to sit on. my lawn and of. course I could serve you a drink on my lawn because it's my property, but by the same token, you could see how these people abuse the privilege and I'm not talking just because I live there, I've lived there for over twenty-five years. But I am against giving them a Carte Blanche liquor license. As I say, you can buy liquor at the Bahamas which is a struggling little outfit, you can buy liquor at The Chesapeake, you can buy liquor at the Knotty Pine. Now they are all within about a four -- block area of Jai -Alai. Now Jai -Alai is allowed to sell liquor on their -23- December 1, 1.975 Item #7 premises so this way, it's going to giVe them license to allow t}lc'he pcopit+ to take liquor off the premise h which 1 don't think should be allowed and wo stave quito a few young kids in our neighborhood. Whorl I moved there, I had the only three in the neighborhood. Now we've clot a little bit more than that, but those children are in clanger. mr. Dean: Alright, do I understand you to mean that by the granting of this request, that it could have anyone to come up --- say they got a package store, and they can come up and drive in and drive away with liquor. Is that your concern? Mr. Zeller: That's what I understand sir, yes sir. Now, I... Mr. Wallace: 'Ir. Chairman, that's now what we're applying for. Mr. Dean: I'm just asking the question... t•ir. Zeller: I'm not arguing against the license they've got sir... Hrs. Zeller: The sum and substance is they're going to have young people up there and I object to liquor being served where there are a gathering of young people. We don't need it, none of us need it. We have enough problems with our young people today as it is and I see them, I drive up there six nights a week on my work and I'm 64 years old, at half -past ten, and I've had them place a signs -- some of these young people, they ignore 'no parking' signs, there's one right across the street from us and they think it's a big joke because there's not a policeman to patrol the area. Big joke because they weren't fined or their car wasn't towed away or something. But I object to drinking other than Jai -Alai events, their gambling. Mr. Dean: Alright, thank you very much. Alright sir, you have a few minutes for rebuttal. (From the audience...."Sir? Sir?"). :,1r. Dean: Oh, yes sir. I didn't know there was anymore opposition. You've got to swear him in. (Mr. Davis proceeds to swear the person in). Mr. Singer: My name is Gilbert Singer. I reside at 1881 South Bayshore Drive here in the Grove. I happen to be the owner of the Bahamas Steak House that this gentleman was talking about, and we're right next door to the Miami Jai -Alai Fronton. We've been there close to thirty years. We operate a package store, we operate a lounge and we operate a restaurant. Talking about hardships, if this license is granted, I believe it will just practically drive us out of business. About three years ago, the Miami Fronton put in a restaurant and they put a menu in that's very similar to ours and we suffered on account of it. Nothing we could do about it. }3ut now, we went out and measured and our 36th Street parking lot is only 255 ft. from their parking lot. On South River Drive, the parking lot is only 174 ft. from their parking lot. Our building probably, I don't know exactly how much but it must be the 1200 ft. one that's away from them. We have a security guard on duty at our place to make sure that the people behave properly and that the young kids don't come. What this gentleman was talking about, they ran a lot of rock concerts which are okay but I was glad that liquor wasn't able to be served at the concerts because the younger people that go there, you'd need many, many police to control them, but that's not why I'm here. -29- December 1, 1975 Item #7 I'm here to tell you that if a liquor license is granted when the 'fiiami Fronton isn't operating the Jai -Alai, it'll really hurt our business tremendously which creates ati undue hardship and I believe that's why, whoever made the law 2500 ft., had that in mind. Right across the street we have the Chesapeake which has been there for years with us but they sell fish, we sell steak so we've been compatible. I would like to see you deny this license and just let things stay the way they are so that we can earn our living. That's all I can say. Thank you. Mr. Dean: Alright thank you. Anyone else? (From the audience: "I wanted to ask you..."). Mr. Dean: Would you come up....well, you have to because you have to be taped like Mr. Nixon...(chuckle). M.1rs. Singer: I probably will be saying pretty much the same thing. I'm Jacquelyn Singer and you just heard from my husband. Mr. Dean: And your address... ;ors. Singer: Well, Bahamas Steak House, 3890 N. W. 36th Street. Mr. Dean: Okay, proceed. Mrs. Singer: I wanted to reiterate that I'm there most of the time and I have seen what has happened when they did enlarge; they did have a small, you know, place for people to eat and when they enlarged about two or three years ago, it really hit into us. They wanted to be able to get the people to come in earlier, eat and stay so they could play Jai -Alai which was understandable. From their standpoint, that was understandable. But they also hit our business and the restaurant business and of course the selling of package goods in our lounge is our only business and it's our livelihood whereas Jai -Alai, going into the restaurant and now into all these other things that they're going into, is not their only business. Their business I thought, supposedly, was supposed to be Jai -Alai and now they have branched out and I feel like I'm in a big grinding machine. You know, a meat grinder? And pretty soon, they're going to swallow me up! That's all I wanted to say. Mr. Dean: Alright, thank you very much. Anyone else? Being none, then we'll revert hack to you sir for a few minutes' rebuttal. Mr. Wallace: Thank you. Let me say that it's not Jai-Alai's interest to try to put anyone out of business. It has a very large facility that is zoned properly. It's already selling alcoholic beverages, it just wants to continue to do what it can do 110 nights of the year. We really don't think that any of the arguments that have been raised have a legal justification to deny what this Board has already granted to another similar facility. The concept of not having competition, nobody that's in business wants to have competition but we know zoning laws are not designed to prevent competition. I'm sure that the people from the Bahama have no objection if somebody buys a package of liquor at the Bahama's Package Store and brings it in to Jai -Alai and consumes it at the Jai -Alai Fronton. That tyne of consumption they like because it benefits them, but the City is supposed to have an objective viewpoint and not decide that the business benefits or favors other businessmen but what's in the best interest of the community. -30- December 1, 1975 Item #7 Now Miami is a tourist oriorited town. 1i ,tn.i. fiords fac'i I.it=irs that attract tourists. qiami needs facilities that can handle coh- V'efitions, can handle trade shoe, that can hanclle Concerts. Now if they're not going to go to HiaMi--maybe they'll go to the Miatni Beach Auditorium, but this is a facility in Miami that Miami needs and Miami uses and there's no reason why a full -service facility should not be available in the City of Miami to serve the needs of Ali the people in Miami, and not have it affect just one single business as a neighbor. We don't want to hurt any neighbor but Miami is entitled to a full -service facility and we shouldn't drive people over to Miami Beach to go to a concert or to go to a trade show or to have a small convention in Miami because there's a definite shortage of this type of facility in Miami. tdr. Dears: Alright, thank you sir. Now we'll close the public hearing and have discussion among Board Members. Mr. Alfonso: Ir. Chairman? Mr. Dean: Mr. Alfonso? Mr. Alfonso: i am glad that the attorney has refreshed my memory when he mentioned Flagler Dog Track. I was one of the members who was opposed to that. In 110 nights a year that Jai -Alai operates, a regular Jai- Alai operation, the Fronton has an excellent type of security, is under the supervision and regulated by the State Commission and I am concerned that another type of operation will be out of hands and out of proper guidelines. I believe this is not in the best interest of the City of Miami and I am against this motion. That's mycomment. tlr. Dean: Alright, any other Board Member? :fir. Silverman: Mr. Chairman? :Ir. Dean: 'lr. Silverman? Mr. Silverman: My recollection of the West Flagler situation was that it was presented to us on the basis that they would have conventions or they would have closed T.V., like the fights, and they wanted the right to sell liquor at these events; that they had no intentions of becoming the neighborhood saloon; that they had no intentions of selling liquor or bottles; they were not going to have a drive-in window; they were not going to go into competition with all the bars all around the neighborhood or in the area; that they strictly wanted it for the sole purpose that when they had an event at the track, they wanted the right at that time to sell what otherwise -- if there was nothing going on on Tuesday night, you couldn't walk or drive in there and have a drink; it was strictly if they were going to have an event. Now in order to be sure that that was what we were doing and that was what was represented to us, my recollection is that we attached certain contions to the approval. Now, I do not recall the conditions. My recollection is that we attached conditions that they could not sell it was not going to be a package operation, they could not sell bottles. We may have attached other conditions which I don't recall. I personally would be in favor of granting the application on the same basis that we did with West Flagler. I'm opposed to making them the neighborhood bar or neighborhood saloon. I'm opposed to letting then sell package goods on the premises because that is not how I would envision it. I would envision it, strictly, if they have an event that night, they would have the right to sell beer and liquor. If they do not -31- December i, 1975 Item #7 have an event, they cannot sell package goods or anything else. so, my suggestion to the Board is that we defer= this until we stet the West Flagler application; let's see the restrictions Off that, then t Would be in favor of the application subject to the sage conditions as we gave to the other track. I think we should treat them equally. If that is not acceptable to the applicant, if they want the right to sell booze all the time, if they want the right to sell package goods, then I would be opposed to the application. Mr. Alfonso: Mr, Chairman? Mr. Dean: Mr. Alfonso? Mr. Alfonso: If I may, I recall that the Flagler Dog Track only says about operations for the dog track, never to rent the premises to a rock concert or nothing like that. And that's what concerned me. If you attach any conditions that this is not going to be rented to a public renter like that that will bring the people; it's not the best interest of the City to come to that type operation, and this is my point of view, that this is a different proposition. But the Flagler Dog Track never had intentions to rent for a rock concert and I'm afraid those people could do it now. One application has nothing to do with the other. Mr. Wallace: Mr. Chairman, may I address one point that was raised a moment ago? Mr. Chairman, may I? %Ir. Dean: Go ahead. 'Ir. Wallace: Thank you. I just wanted to reassure the Board that what Mir. Silverman said is exactly our intention. It's not going to be open every night. It's never going to sell package liquors. It's not going to be a cocktail lounge. It's only going to be the sale of alcoholic beverages for consumption on the premises when there's an event there. What that event is, it's hard to foresee. At the Flagler Dog Track, for example, they had tennis matches, they had T. V. fights. We can do all those things and those are some of the things that could happen also at the Jai -Alai Fronton, in addition to having conventions, meetings or different shows. Now Mr. Alfonso, you mentioned about security. The Fronton is very, very concerned with security. Because of that concern, I want to introduce you to Mr. Paul Rico who is a retired F.B.I. Agent, who is with Miami Jai -Alai Fronton as a Vice -President, and he's in charge of security. The Fronton is very concerned with having adequate security at every event, not just the Jai -Alai functions and I want to assure you that security is of the utmost concern and will be constantly enforced at every single event. Mr. Alfonso: How can you control it if you rent the premises to a rock concert? What do you have to do with that, when you rent it? Mr. Wallace: If it's rented, it's still going to be operated by the Fronton. If a performer performs at a concert on one given evening, ith still run by the Fronton. It's not totally rented out -- the Fronton owns it. Pars. i3asils: You control it... Mr. Wallace: It's completely controlled by the Fronton, Mr. Dean: Alright. I'll agree with Mr. Silverman. I think we should review what action we took on the Flagler Dog Track and the conditions that were in that document, I would like to see that myself -32- December 1, 1975 Item #7 hoforc. wn t:Akr any final. Action, Alright. Mr, Wallace: I wonder if the fo.1rd would consiclr.t adop1ity; it on the same conditions as that one Was adootod so I won't have to come back and... Mr, Dean: No, I think that's what we don't Want to do. We Want to be able to read and be able to see exactly what We did as it relates to that particular application. Everybody just 'remembers', but we don't see the documents. So we'd like to defer this item until our next meets g. Mr. Singer: May I just say one thing please? I don't know what happened to Flagler Dog Track but I'm sure Flagler Dog Track doesn't have the licensees near the Fronton that's there. There's only 'Mansene's', is the only one... Mr. Silverman: They had the local bar come up that was concerned about cutting into their business. I don't know.... Mr. Dean: We had an almost similar case as yours, sir. It's the same operation. I think all we want is just to take a look at it, just to see what we did. Alright, a motion is in order. Mr. Silverman: Mr. Chairman, may I move to defer until the next meeting? Mrs. Basila: Second. Mr. Dean: Alright, you've heard the motion by Mr. Silverman to defer until the next meeting, seconded by Mrs. Basila. Other discussion? Being none, call the roll. This item is being deferred until December 15th? Mr. Davis: December the 15th, Mr. Chairman, and I will have a copy of that resolution available for you at that time. Mr. Dean: Alright. Mr. Silverman: Excuse me, if you would, I would like for you to send out that resolution. Mr. Davis: We'll mail it out to you tomorrow then. Mr. Silverman: Perhaps you could send it to the objectors so that they have an idea what conditions were attached to the other outfit, so we'll all be prepared... Mr. Davis: If anybody wants to have one, they can stop in our office and pick it up - - I don't know who... Mr. Alfonso: Sir? Are you absolutely sure that the security that runs the Jai -Alai nights is going to be involvedin other events? Mr. Wallace: Absolutely. Mr. Rico: Yes sir. We're going to control... Mr. Alfonso: I am the President of a security company. I know what security means and I know you have a good security in that place and this is my main concern that it gets out of hand. Mr. Rico: We're concerned at all times with our property and the patrons that attend, whether it's a Jai -Alai operation or any other function. Mr. Alfonso; Thank you sir, -33- December 1, 1975 Item #17 Ir. Bean: Alriciht, Call the roll, (t;nidrttt:i fig"(1 person in the (iti(alrnrr: "ti , Ch; i.t-Ma 1... ") . '11% 1)tii•t11: Wtl'ro fixing to call tho rc(1 . . utoro (loi11c1 t.( defer this; item until December lrit:h. At that time, wo will notify von and all opposition to rr.turn on December the 15th. Mr. : would it be possible for us to secure copies? Mr. Dean: Mr. Davis just advised,.. Mr. Davis: Yes sir, we'll have any copies you wish. 1 r . Thank you. 15th. Alright, I just want one. I can only read one. Mr. Dean: Alright. Call the roll. Mr. Davis: Alright, the motion is to defer until December the One objection was received in the mail. tir. Silverman offered the following resolution and moved its adoption: RESOLUTION NO. ZB-177-75 RESOLUTION TO DEFER UNTIL 12/15/75, REQUEST FOR VARIANCE FROM ORDINANCE 6871, ARTICLE XXV I I , SECTION 1 (2) , TO PERMIT LIQUOR LICENSE TO BE ESTABLISHED AT MIAMI JAI -ALAI LOCATED ON TRACT "A", FRONTON IIEIGHTS ADD (90-20), BEING 3500 N. W. 37TH AVENUE; BEING 1550' AND 1420' AND 1200' FROM OTHER LICENSEES (2500' REQUIRED); ZONED C-4 (GENERAL COMMERCIAL). Upon being seconded by Mrs. Basila, this resolution was passed and adopted by the following vote: AYES: Messrs. Alfonso, Gort, Johnson, Silverman, Dean. Mmes. Baro, Basila. NAYS: None. Mr. Dean: Thank you. -34. December 1, 1975 Item #7