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1976
Dr. Conrad R. Willard
Central Baptist Church
500 N. E. First Avenue
Miami, Florida 33132
IN RE: Expanded Committee appointed by City .
Commission to study further the hours
of closing of liquor establishments
bear Dr. Willard:
I would like to bring you up to date on the names of the persons
tuting the newly expanded Liquor Committee.
Members
of the Public (Non -Industry Members)
1. Conrad R. Willard, Chairman
Central Baptist Church, 500 N. E. First Avenue,
Miami, Florida 33132 - Telephone 379-4781
2. Lt. K. Harrison, Miami Police Station SPU
1145 N. W. llth Street,Miami, Fla. 33136
. David D. Phillips, 303 Biscayne Building,
19 West Flagler St., Miami, Fla. 33130 -
Telephone 379-2655
. Mrs. I. Ricky Caminiti, 4245 S. W. 2nd Terrace,
Miami, Florida 33134 - Telephone (residence)
448-3271 (office) 642-9061
. Father John Edwards, Pastor of Gesu Church
118 N. E. Second Street, Miami, Fla. 33132 -
Telephone 379-1424
6. David Fincher, Fincher's Inc., 4690 N. W. 7th
Avenue, Miami, Florida 33127 - Telephone 758-5741
•
Industry Members
7. Tom Nesbitt, 1799 N. W. 7th Street, Miami, Florida
33125 - Telephone b42-9128
8. Rita Stone, 845 Fairway Drive, Miami
33141 - Telephone 866-4583
9. James Stratos, 2536 S. W. 18 Street,
33145 - Telephone 642-9128
10. Jerome Robinson, c/o Florida Restaurant Association
1f177 N. F. 199 crrPar, North Miami. Florida 33161
Telephone (residence) 944-7606 (office) 891-1852
11, Al Sakolsky, Coconut Grove Hotel, 2649 South Payshore
Drive, Miami, Florida 33129 - Telephone 858-2500.
/2. Luis Sabines, c/o Latin American Chamber of Commerce,
601 N. W. 22nd Avenue, Miami, Florida 33125 -
Telephone 642-38i0
consti=
Beach, Florida
Miami, Florida
Dri Conrad R, Willard
October 21, 1976
page two
Please let your records show that in addition to the Committee members,
the following persons should be notified of Any and all meetings of the
Committee:
City Attorney, 65 S. W. First Street, Miami, Florida
33130
City Manager, Attention of Jack Eads, Dinner Key
Office, Pan American Drive, Coconut Grove, Miami,
Florida 33133
Robert Ferencik, Director of Building Department
City of Miami, Pan American Drive, Coconut Grove,
Miami, Florida 33133
Gen. E. L. Marina, Interamerican Chamber of Commerce,
1111 S. W. 8th Street, Suite 203, Miami, Fla. 33130 (.
Telephone 858-1555
Forte Brothers Liquor, 1135 West Flagler Street,
Miami, Florida 33130 - Telephone 545-6742
Jay Cone, 175 S. E. 25th Road, Apt. 10-C, Miami,
Florida 33129 - Telephone 856-2282
The assignment now given to the Committee consists of:
1. Reconsidering that portion of our July 7th report which is
(h-2) in 12:1rpo,-.171-. 1 on nr.7 2. Cur reconsideration should
. be directed along the lines of the guidance announced by the Mayor at
f the October 14th City Commission meeting.
2. Making recommendations with "uniformity" as the desired goal.
! vidently we are not to be concerned so much with uniformity as between
the city and county, but rather between the various types of liquor
establishments within the city. In this connection the Mayor indicated
S\--i that the Commission may be interested in hotels, apartments, private
clubs, supper clubs and ordinary liquor bars having uniform hours of
N. closing. This is not intended to include beer and wine establishments,
, grocery stores or nightclubs, which are to be dealt with separately.
3. Specifying what that uniform closing hour should be for the
ij N..„ types of establishments which are the subject matter of Paragraph 2
immediately above.
t."
'54
1 4. Expressing any other views which the members believe to be
' ,, s!ermane to the issues.
\A,
‘ 4
I made frantic notes at the meeting but I am not certain_that I.captyTed
the meaning of each statement Iiieayd from the M4x0. And tlw various
Commission members. Therefore I am asking the City Clerk to furnish me
r
.. with a copy of his official transcript of that portion of the meeting
, ‘ !'.; which dealt with our subject. As you know, the meetings are recorded
_.
:) ' Y On tape. I am sure that the Committee can function better after reading
1 the transcript.
Very truly yours,
. '
DI7146 David D. Phillips
r"r
11410411i1 P11111.11q4
tf,v,
• Print Main -ice Porto
Off3.ce of the Mayor
Dinner 1;cy Offices Of
City of Mtami
Cbcenut Grove, Miattlit rid.
th rt! Report of Committee hppointed by
eiiry commit:v.ic,11 to :Itlid7 holirn or
e1r inq of I Lca
ttft
Mayor Verret
Tht coMmittee to study hours of closing of liquor and boor
'establishments has completed its deliberations and has assigned
to 'vie the duty of reporting on its findings and recom:nendation.
The emmittee consists of Dr. Conrad R. Willard (chairman), Ti
17,1r:bitt, Rita Stone, James Strato, Lt. X. flarrison and the
undersigned.
Carrying out the will of the committee, I respectfully report
•to you end Cmmissioners Gordon, Plummer, Gibson and ReLoso
1:11c following findings and recommendations:
1. The present ordinances of the City of Miami are
adequaLe and fair and approach uniformity with County hours as
nearly as is reasenably necessary —except in two categories,
,,as will he shown below at sub -paragraphs (a) and (b-] and 2
under Paragraph 3
2. To male the City's hours conform to thc County's
night be desirable if the County's were completely fair and
ith:ItiL defect, but that is not the case; thus it is not appro-
:ilriato to set uniformity as the goal, to the exclusion of al]
other valid consideration.
3. Taking into consideration all factors proper to
loa considered, and giving appropriate weight to the requests
And needs of the various interests (including the public), and
balancing all of the equities in a reasonable manner, the committ
'finds that the only changes needed are:
(a)
in liquor bars, being the 4t.h category
on Mr. Ferencil:st; chart, the bourn for
sale should be
Weelidays - 7 A.M, to 1 A.M. (presently in
effect)
.Saturdays -7 A.M. to 2 A.M. (Prm3entlY in
effect)
OnndaYti 12 DOOn to 1 A.M. (present)y 1 P,V.
to 7 P,M,
L
. •
,brii:Mlutleo
11.6
riioo two
j,4) ih tho bowntown ih grOCery StbrOA
(no conslImption on premisen), beinrj the )nt
eatolory on Mr. PerencWs chart, the hourS
hf sale for beer and wino nhonld he
While Store is Open, But Not from
Saturday Midnight to Sunday Mid-
night (under Ordinance iq3516,
groceries are presently allo'v:e0
to sell beer and wine any titre thoy
ate open, on any day br
2) outside the Downtown Zone in grocery nLoros
• (no consumption. on premises), being the 1St
Category on Mx. Terenci's chart, the hourS'of
sale of beer and wine should be
• While Store Is Open, But Not from
2 A.M. on Sunday tu 32 FI:ion on
• Sunday
, The above recommended changes are tho on changes
recommend after studying all of the categories shown on Mr.
eroncili'n chart. You will recall that the scope of our study
+.40-1 to be all of the categories of licenses.
5. Were you to adopt our suggestion as to the grocery
Stores, y:A.1 would have to create a Downtown Zone and an Outer
(or General) Zone. The committee recorrulicnds that the Downtown
ZOne be defined an that area which is bounded on the north by
35th Street, on the south by the Miami River, on the west by the
FEC Railway Right of Way, and on the east by Biscayne Bay. 'this
appears to be a well defined area, the characteristics of which
maho it receive treatment different from that which is accorded
to the remaining area of the city; wo see this difference delinealeH
in many facets of our community life. For example, the DDWrIt;)Wn
Action CE,mmittee of the Chamber of Commerce was creat‘.d to deal
with the special problems which are poculiar to the downtown
area. In entertaining applications far federal grants, wo see
that federal agencies treat the downtown arca as having problems
different from the surrounding area. The fire regulations are
different. The Grand Jury Report of May 1976 singled out the
' downtown area for special treatment. And in do: -:ens of other
situations tho downtown is recognis.ed as having problems signifi-
cantly different from the surrounding area --problems that relate
to health,safety and welfare of the city. Needless to say,
alcohol consumption contributes to those problems.
G. Chairman Willard han consulted with such eminent
counscl a.s Marion fibley, a member of the DOWntOWn Action Commit.t
:,41.rV to whothor 4ones may be established for the purpose of imp;:.:;ini
fitrieter hours of closing in the core area of the city than in
Alto surrounding area, where the core arra is peopled by large
s:Onmbvrs of derelicts and where there is a high incidence of
pripo. Dr, Willard )(Torts that Mr, Sibley is of the opinion
1;7
VAUtitb * red
to a 71 IA06
age three
that the establishment ent Of Stith a tbht'� its the i ity's hcUt8
Closing ordinances
for alcoholic beverages) would be valid,
We would hope that your Law Department would reach the same
conclusion. This report has been delayed because the writer
has buen awaiting the derision in a Jacksonville case which
�t'rEr
Was oxpert ed to have. something to say on thy' subject. it It S';�)
finally cci:n:` dc,wn (Jacksonville(Jacksonvillevs. �ic)c1ei1)rt...t 1, 311 r.c•t:. Thed under-
signed District Court of Appeal of Florida, 1st District).
signed committee rncrrber finds nothing in that opinion which
Would interfere with the establishment of such a None classi-
fication as we here suggest for the purpose of regulating hour-:;
Of closing of liquor and beer establishments:
7. The above suggestion:1 arc the result of compromise
on the part of varied and conflicting interests. To adopt our
suggestion as to the E'?:iCI1.,iOn Of:
Sunday hours as to liquor bars,
but reject the suggestion asbeer
ourand
worl wine
Proci>.ictc,c�nauup?c�'n
grocery stores would do violence
the romprnmir;o.
8. If the Commission in its wisdom finds that it is
linable to accept our recommendations in toto, we would hope
that before taking any official actions you would re -refer the
matter to us so that we may then review the natter in the light
of the indications given by the Commission.
9. Likewise, if for any reason your I,tw Department f i n;'.-
the Zone structuring of (b-1) and (b-2) not to be fet`'s::ruld re-
woul.d hope that before to};ing any official action }
refer the matter to us so that we may allow the spirit of
compromise to he re -visited upon the situation. The writer
found the other meirborr of the co:l.mittee to be reo so:tabl c
people. We feel that a satisfactory arrangement could be worked
out in the final analysis, through an attitude of compromise,
�-
even if there be some part of our suggestions (a) and (b-1) and
(b-2)
to which the Commission might perchance have some objection
upon taking an informal look at this report. In other wcrye,t�lc1
in the event our suggestions are not accepted in toto,
appreciate an opportunity to make revised suggestions
light of what we then learn to be the Commission's attitude
toward this report.
10. This report has been approved by all of they commi tt ,
;nc•tnitcrs except one. 1 ant there fore' comPV 1 1 i d to psi ;ent tlli r; :c::
the report of the majority of the committee,
Grateful for the opportunity to work on this problem, I remain
Yours very truly,
f !
,David 1). T'hillip;a
i
ltdAUBE T UE CITY OF MIAMI COMMISSION HAS TRIED TO FOLLOW
. !, H2 $OOZ, ALLEN 'RECOMMENDATION TO I:T.r: NT THE HUMAN
RESOURCES DEPARTMENT, BECAUSE WE HAVE FOLLCWED THE RECOM
M NDATION OF THE MANAGER AND THE BT:D ET THAT IS PROPOSED IN
THE CREATION OF HUMAN RESOURCES, BECAUSE. WE HAVE FOLLOWED
THE BOOZ, ALLEN REPORT A'1D THE MANAGER'S RECOMMENDATION OF
PROPERLY DEFINING THE SCOPE OF THE CIVIL SERVICE AND
BECAUSE THAT DEFINITION AND THIS ACTION ARE WITHIN THE SCOPE
OF OUR AUTHORITIE' AS DEFINED UNDER THE CHARTER AND AS TOLD
TO US BY OUR CITY ' ATTORNEY , AND BECAUSE MATTERS HAVE COME TO
A HEAD AND THE CITY COMMISSION IS BEING CHALLENGED AND SUED
BY THE CIVIL SERVICE BOARD, AND BECAUSE TH3IS THREATENS THE
VERY EXISTENCE. OF THE CITY OF MIAMI, AND BECAUSE THIS IS A
MATTER OF SUCH MAGNITUDE THAT IT REQUIRED THE PARTICIPATION
AND THE ACTIVE VOICE OF A CHAIRMAN AND BECAUSE THE CHAIRMAN HAS
BEEN ON VACATION AND HAS BEEN ABSENT FROM FOUR CIVIL SERVICE BOARD
MEETINGS WHERE THESE MATTERS HAVE BEEN DISCUSSED, AND BECAUSE
THE CHAIRMAN HAS NOT EXPRESSED HIS OPINION IN WRITING -AS HE
COULD HAVE DCNE EVEN THOUGH HE WAS ABSENT AND MADE A PART OF
THE RECORD AND THUS PROPERLY SHOWN TH7 DIRECTION THAT WAS
NEEDED; AND STATING CLEARLY THAT THIS IN NO WAY IS A PERSONAL
ACTION OF RETRIBUTION OF A MAN WHO HAS SERVED WITH GREAT DIGNITY
AND ABILITY THE CITY OF MIAMI; AND PAINED AS WE ARE TO TAKE THIS
ACTION - IT IS NOT A PERSONAL ACTION BUT ONE WHICH IMPOUNDS THE
VERY EXISTENCE OF THE CITY OF MIAMI,
THEREFORE, BE IT RESOLVED BY THIS CCAMISSI0N, THAT THE COM-
MISSION ASK OF MR. HUTTOE TO COME BEFORE THIS CITY CO:.1MISSION AND
EXPLAIN TO US HIS ABSENCE PHYSICALLY, VERBALLY AND EXERTING THE
LEADERSHIP WHICH THE COMMISSION EXPECTS FROM HIM, ESFECIAT•TY IN
REFERENCE TO HIS OWN WORDS BEFORE THIS CC:'MISSION ON DI CEMBER 19,
1975, ITEM 95, PAGE 140 OF THE MINUTES OF THAT MEETING, THAT IT
IS TaZ INTENTION OF THIS COMMISSION TO ASK FOR HIS RESIGNATION
AT TAT TIME AND THAT HE BE PERMITTED AS REQUIRED BY THE CHARTER
TO HAVE, IF HE WISHES TO TAKE IT, THE OPPORTUNITY TO EXPLAIN HIS
ACTIONS BEFORE THIS COMMISSION, --I SO MOVE.
Glry COMMISSbN
Mr:CTING OF
OCr41976
RES01.1lfidN NU.
REMARKS: ...... .. •••••
under
et Lee- •
ew of
App.,
before
e date •
notify
ds for
)rtunl- • -
en no- ..
•ensee, • -
Ainesa
.all be • ' . .i; •
hat-lt
e con- •••
•
may. • • .
lfficer -"• ' •
i th to L. •
.h the
d vie.
h tea •
-
nd by•
r'f the •
,r, or
g and
all be
rolled •
'r'the
§• 492.9 •
E • PROFESSIONS AND VOCATIONS'
The board ahn11, ench year, fit the annual renewal fee for certificates of
registration, which tt'e shall not 'TtYY'd the Burn of twenty-five dollars. Re-
newal of terttfieatea of registration for the following year rnny be ettected
at any time during the month of lhremlw r of the year in which such cer-
tiflente has teen issued by the payment of the renewal fee go fixed by the
board. Such certificates rutty be later renewed by the payment of an addi-
tional fee of fifty lY•Ilts for melt month, or frnetlon thereof, that pnyrnent of
the fixed renewal fee Is delayed le•yond the month of Decc'tniter. 'rbe board,
in iLs discretion, may make an teeept.fon in meritorious t'uses. • - •.•
Alnemded by Laws 1i174, c. 74 24, 1 3, eft :May 9, 7979: •
taws 1974, c. 74-24. 4 3, increaasd the - . • - . • '
maximum renewal fee from $5 to $25.
•
492.18 Revocations and re -issuance of certificates
Changb to conform to FIa.St.1967. were numbered'subsec9. (1) to (3) in
The first. second through the seventh 1967 by the statutory revision depart- •
and eighth through the last sentences na'nt. - t
•
492.19 Violations
Iowa -
Inws 1969. c. 69-106. fl 11; 35 pro= tence from the end, to department of
vided for change. in the second Ben-. legal affairs from attorney general., ,• •
•
492.20 Penalties ,.
Any person, firm, partnership or corporation violating any of the provisions
•
of this act shall be guilty of a misdemeanor of the second degree, punishable
as provided in ¢ 775.0S2 or ¢ 775.083. .1
Amended by Laws 1971, c. 71-136, § 445, eff. Jan. 1, 1972 • , • l., .. . • .t
CHAPTER 493. INVESTIGATIVE AG
DETECTORS
PART I. PRIVATE INVESTIGATIVE Sec. •
AGENCIES. PATROL AGENCIES. 493.41
Sec.
493.091 Supervision of agencies [New).
493.231 Department of legal affairs;
enforcement [New].
_493.25._ Acts prohibited by licensees or
•
493.42
493.43
493.44
493.45
ENCIES; DECEPTION
Powers and duties of department
of state.
Application for license. '
License requirements.
Fees. - •
Investigation of applicant by
department of state. . . ' ' •
PROFESSIONS AND VOCATIONS
493.18 Trutt fund
§-493.21 •
•
• Change to conform to FIa.St.1967. tion In 1967 by the statutory revision'
The word "part" was substituted for department. .' • .:
. the word "chapter" throughout the sec- '
493.19 Divulging Information; prohibited; false reports; penalty - • '
• :No • licensee or any employee of such licensee shall divulge to any person,
' : except. as otherwise provided by law, other than -to his principal or his
"employer any Information acquired as a result of any investigation, Bur •
-
veiliance, or other employment performed by such licensee or employee.
• I'rovided, however, that the provisions of this section shall not.apply to any
employer who Is also the holder of a license 'issued pursuant to this part.
•• who has the written consent of the client or principal to divulge any informa- •
• tion falling within the terms of this section, and further provided, that the •
•
provisions of this section will not apply to the taking of testimony or the .
receiving of evidence in 'any judicial proceeding. Any person violating -
. this section or any employee who shall willfully make a false report to'his ' •
employer concerning his employment or work'shall be guilty of a miade--• .
. • mexnor of the second degree, punishable as provided in § 775.082 or § 775.083." ' r'
• Amended by Laws 1967, a 67-487, 11, eff. 'Aug. 3, .19t37 ; Laws 1971, c. 71-
130 f 448, eft. Jan. 1, 1972. ` .__ . -
tawe 1967, c. 67-487 becarne law with- l ' • 7 • • -'- ti' 1 •'
out Governors approval. - ••• . • •_ 't _ r =•'•
• _493.20 Exclusion °f.tax '',- • - .7
Payment of the license fee provided for hereunder authorizes the licensee_ '
to practice his profession anywhere In Florida without obtaining any_addl-
- tional license, Derutlt, registration, or identification card, except•as required
• • by s. 993.21, any municipal or county ordinance or resolution to the contrary '
• notelthst.anetng. however, ail •ITceneeee hereunder, except those •!aimed a:
- .Class "F" or Class "G" license, shall be required to obtain -a city and coup-'•
• ty occupational license In each city and county where the licensee maintains-'
a physical office- . . . - ,. + Amended by Laws 1975, c. 75-230, 14, elf. Oct. 1, 1975. " ' ' e
Laws 1976, c. 76-230, rewrote the sec. , -•• • • • : '"^ . •' S • e. ';,
sons, as'octetio
or corporation;
(c) The rrY»lh
(d) The wh••ri
of repose. -'.Sing"
(i) The aerie
or losses, or a
(g) The still
_ corixtratinn wi `
official member
(h) With ref
person who ha
- (i) «'ith rl'fs
of employes, s
(j) The hest
rnittec s, leg. re-1
camaand the'
(k)s The ltir
of providing
(I) The gi vi
(7) «'atrhtn _
rectly sneers-1 1
persons or pr
wares and tie•
went of good_
notes, or otl
cure the rt'tu
or patrolmen.'ed car sane'
by the Florid
¢ 1, eff. July j
t
(10) "DePau
Amended by
71 3 7 7 , 4 183
Reviser's hr.
[to subsectios
tort langusrr'
10. ch. 69-104 ,--
1. Construct,
Everyone •`
guard or M
tensed purP'
amended by I
he comes
exemptions.
Nov. 25.
The actls'tt
crowd contre—
statuto dsi
t»t
or n Ind'
ossess Pei
by ti 4 -25
act a9
'I'
493.02 i
(1) ThePe
thorny to t
ntnn. �srd
men. so
dl
plic-rints a
a civil 17
departared
esbk
ofrfitsnpoet
•
13A%'11f f). r 1111.1. �+
%'t•tbnittf At t.>et•.
111. Maurice Pette
Office of the Mayor
biinner Key Offices of
City of Miami
Coconut Grove, Miami, Pia,
In re: report of Committee appointed by
City Commission to study hours of
_W._..__..._ closing of liquor establishments
!bA ifiBtAfFet ttun.blta$
IlA 1, t' n#1 i.A :13ia
Oar Mayor Verret
The committee to study hours of closing of liquor and beer
establishments has completed its deliberations and has assigned
to me the duty of reporting on its findings and recommendations.
The committee consists of Dr. Conrad R. Willard (chairman) , Tom
Nesbitt, Rita Stone, James Strat.os, Lt. K. Harrison and the
undersigned.
Carrying out the will of the committee, I respectfully report
to you and Commissioners Gordon, Plummer, Gibson and Reboso
the following findings and recommendations:
Thr, pr--4`-t- .,.-.; .,...... a. rho City a fr: --.4 -..c
I. L<.- r-. r. 11L .#J. 1w. l4li.l a. 4....J t 1..11.r V1 j' V• £r ..\.L 4r
.adequate and fair and approach uniformity with County hours as
nearly as is reasonably necessary --except in two categories,
as will be shown below at sub -paragraphs (a) and (b-1 and 2)
under Paragraph 3.
2. To make the City's hours conform to the County's
might be desirable if the County's were completely fair and
without defect, but that is not the case; thus it is not appro-
priate to set uniformity as the goal, to the exclusion of all
other valid consideration.
3. Taking into consideration all factors proper to
'be considered, and giving appropriate weight to the requests
and needs of the various interests (including the public), and
balancing all of the equities in a reasonable manner, the committee
finds that the only changes needed are:
(a)
i.n liquur mars, being the 4th category
on Mr. Ferencik's chart, the hours for
sale should be
Weekdays - 7 A.M. to 1 A.M. (presently in
effect)
Saturdays -7 A.M. to 2 A.M. (presently in
affect)
Sundayp - 12 noon to 1 A.M. (presently 1 P.M. r;
to 7 P.M.
.., -#
f.
Boil. Mitf ite Pere
duly 7, 1006
Pate two
1) in the bo:+OntoWn Zone, ih +lrbtery 5tortb
(rib consumption on premises), being the 15t
Category on fir. Ferencik's chart, the hours
of :.ale for beer and wine should ba
While Store is Open, taut Not From
Saturday Midnight to Sunday t•ad--
.
hlg�.iIL tunder Orul:ti.t ce vclR,
groceries are presently allowed
to sell beer and wine any time they
are open, on any day of the 1•'ee1 )
b'-2) outside the Downtown Zone in grocery stores
(no consumption on premises), being the 1st
category on Air. Ferencil:'s chart, the hours 'of
sale of beer and win_ should be
• While .Store Is Open, But Not from
2 A.M. on Saturday to 12 Noon on
Sunday
4. The above recommended changes are the only changes
We` recorrarend after st'idying all of the categories shown on tir.
`erencik's chart. You will iecall that the scope of our study
was to be all of the categories of licenses.
S. Ware to l of t ourstIgnasti on as to the grocery
�\.� j� •• r J
stores, you would have to create a Downtown Zone and an Outer
(or General) Zone. The committee recommends that the Downtown
Zone be defined as that area which is bounded on the north by
15th Street, on the south by the Miami River, on the west by the
FEC Railway Right of Way, and on the east by Biscayne Bay. This
appears to be a well defined area, the characteristics of which
make it receive treatment different from that which is accorded
to the remaining area of the city; we see this difference delineated
in many facets of our community life. For example, the Downtown
Action Committee of the Cha:nber of Commerce was created to deal
with the special problems which are peculiar to the downtown
area. In entertaining applications for federal grants, we see
that federal agencies treat the downtown area as having problems
different from the surrounding area. The fire regulations are
different. The Grand Jury Report of May 1976 singled out the
downtown area for special treatment. And in dozens of other
situations the downtown is recognized as having problems signifi-
cantly di: _A:r ent. flora the su:rro;in::_r.g area —problems that relate
to health,safety and welfare of the city. Needless to say,
alcohol consumption contributes to these problems.
6. Chairman Willard has consulted with such eminent
counsel are Marion Sibley, a member of the Downtown Action Committee,
As to whether zones may be established for the purpose of imposing
Stricter hours of closing in the core area of the city than in
the surrounding area, where the core area is peopled by large
number:: of derelicts and where there is a high incidence of
Crime. Dr. Willard reports that Mr. Sibley is of the opinion
.1614,
A. Maurice F'errt
7tU iy 7, 1976
Pate three
that the estabiishhteht of such a gone 'in the eity's }iourn of
Closing ordinances (for alcoholic beverages) would be valid.
We would hope that your Law Department would reach the same
Conclusion. This report has been delayed because the writer
has been awaiting the decision in a Jacksonville case which
Was expected to have something to say on the subject. It has
finally come down (Jacksonville vs. Goodbread, 331 So. 2d 350,
District Court of Appeal of Florida, 1st District). The under
signd cornrittee member finds nothing in that opinion which
Would interfere with the establishment of such a zone classi-
fication as we here suggest for the purpose of regulating hours
of closing of liquor and beer establishments.
7. The above suggestions are the result of compromise
Oh the part of varied and conflicting interests. To adopt our
suggestion as to the extension of Sunday hours as to liquor bars,
but reject the suggestion as to beer and wine sales on Sunday in
grocery stores would do violence to our work product and upset
the compromise.
8. If the Commission in its wisdom finds that it is
unable to accept our recommendations in toto, wa would hope
that before taking any official actions you would re -refer the
matter to us so that we may then review the matter in the light
of the indications given by the Commission.
9. Tire', -r if for - y T74.W partri= nt r4 nds
the Zone structuring of (b-1) and (b-2) not to be feasible, we
would hope that before taking any official action you would re -
refer the matter to us so that we may allow the spirit of
compromise to be re -visited upon the situation. The writer
found the other members of the committee to be reasonable
people. We feel that a satisfactory arrangement could be worked
out in the final analysis, through an attitude of compromise,
even if there be some part of our suggestions (a) and (b-1) and
(b-2) to which the Commission might perchance have some objection
upon taking an informal look at this report. In other words,
in the event our suggestions are not accepted in toto, we would
appreciate an opportunity to make revised suggestions in the
light cf what we then learn to be the Commission's attitude
toward this report.
10. This report has been approved by all of the committee
members except one. I am therefore compelled to present this as
the report of the rn j or.i f y o f thr. Committee .
Crateful for the opportunity to work on this problem, I remain
Yours very truly,
David D. Phillips
Ile
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