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Home My Public Portal About18-9478 Manager to do all that is nessacery to ensure the closure of Klub 24 Sponsored by: Vice-Mayor Kelley RESOLUTION NO. 18-9478 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CLOSURE OF KLUB 24 AND DIRECTING THE CITY MANAGER TO DO ALL THAT IS NECESSARY TO ENSURE THE CLOSURE OF KLUB 24 UNTIL IT IS IN FULL COMPLIANCE WITH ALL STATE, COUNTY AND MUNICIPAL LAWS AND ORDINANCES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Section 22-76 of the City of Opa-Locka Code of Ordinances defines an Adult Business as follows: Any premises within the city where members of the public, or any person for consideration, are offered any live or recorded performance, or any visual image tangibly fixed in any medium, which performance, image, or recording has as its primary or dominant theme subject matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, and which performance, recording, or visual image requires the exclusion of minors from the premises pursuant to F.S. ch. 847; and WHEREAS, Section 22.81, Permitted Uses Table-Industrial Districts, requires adult businesses in the I-2 district to be approved via a special exception; and WHEREAS, a special exception must be reviewed and approved by the City's Planning Council, and ultimately approved by the City Commission; and WHEREAS, the City of Opa-Locka Code of Ordinances addresses adult themed entertainment in conjuction with the sale of alcohol under a separate section: Sec. 4-17. - Total or partial nudity and sexual conduct prohibited. (a) It shall be unlawful for any person maintaining, owning, managing or operating an alcoholic beverage establishment to knowingly, or with reason to know, suffer or permit total or partial nudity or sexual conduct to occur on the premises of that alcoholic beverage establishment. (b) It shall be unlawful for any person, while on the premises of an alcoholic beverage establishment, to expose to public view those portions of his or her anatomy, defined herein as total or partial nudity, or engage in any sexual conduct. (c) It shall be unlawful for any person maintaining, owning, managing or operating an alcoholic beverage establishment to knowingly, or with reason to know, suffer or permit the exposition of any graphic representation to public view, including photographs, videotapes or film projection, which depicts total or partial nudity or sexual conduct; and Resolution No. 18-9478 WHEREAS, the City of Opa-Locka Code of Ordinances addresses the permissible hours for the sale of alcohol in night clubs in the following section: Sec. 4-5. - Hours for nightclubs. Nightclubs shall be governed by the restrictions hereinabove set forth, except that no nightclub or owner, operator or employee thereof shall admit customers to its premises, nor sell, serve, offer to sell, allow to be consumed or delivered any alcoholic or intoxicating beverages to any person or persons between the hours of 5:00 a.m. and 11:00 a.m. on weekdays and between the hours of 5:00 a.m. and 5:00 p.m. on Sundays. Nightclubs may remain open one-half hour after the sale and consumption of alcoholic or intoxicating beverages is prohibited herein. WHEREAS, pursuant to Section 13-32 of the City of Opa-Locka Code of Ordinances the City Manager shall have the authority to refuse the issuance of or revoke any license or permit issued as authorized by this Code; and WHEREAS, an adult entertainment establishment, Klub 24, opened in the City without obtaining Planning Council and City Commission approval; and WHEREAS, the City Attorney issued opinions on February 12th and 28th, 2018 (EXHIBIT "A"), advising the City Commission that Klub 24 "is not permitted to operate an adult entertainment business within the City of Opa-Locka at this time."; and WHEREAS, the City Commission finds that it is in the best interest of the City that the City Manager take all necessary steps to revoke Klub 24's license to operate an adult entertainment establishment, until it is in full compliance with all apllicable laws and City ordinances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission hereby authorized the closure of Klub 24 and directs the City Manager to do all that is necessary to ensure the closure of Klub 24 until it is in full compliance with all State, County and Municipal laws and ordinances Section 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Resolution No. 18-9478 Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. PASSED AND ADOPTED this 28th day of March, 2018. L. Taylor • or A est to: Approved as to form and legal sufficiency: `3LJN- Jo na Flores THE BROWN LAW GROUP, LLC City Clerk City Attorney Moved by: VICE MAYOR KELLEY Seconded by: COMMISSIONER PIGATT Commissioner Vote: 3-2 Commissioner Holmes: YES Commissioner Riley: NO Commissioner Pigatt: YES Vice Mayor Kelley: YES Mayor Taylor: NO OQp-LOOk4 ! ° City of Opa-Locka I),...,... .7,,--;',.„,::,,,,�` � O /(/+ice of the City Attorney y ---_ �✓ Y ✓ e y ( 0 O ,0' J ..JJ O ApORAT¢Q 780 Fisherman Street, -1`t' Floor, Opa-Locka, Florida 3305-1 Vincent T. Brown Cii\ *Home. MEMORANDUM TO: AIavor and Cit. Commission I:d Brown, City Manager \\ illiam Breen. Assistant ('itv Manager FROM: Vincent 1. Brow,n. Cite Attorney DA I'l'.: lebruar\ 12. 2018 RE: B & C Opa Holding, LTC d/b/a Opa Club a/k/a and d/h/a Klub 24 At the.lanuary 24.2018 C'its Commission Meeting.questions ere raised as to ho\\ B& (i Opa I folding.l.I.0(1,11'aa Opa Club a,La and d'b'a Klub 24 t"Klub 24"). an adult entertainment establishment. could operate in the (•itv co-i opa-l.ocka ("('it-,---) when the ('itc's zonin code does not permit such use. ,tier rev icaoing all relevant documentation including the Zoning!,Verification form (I'..hihit -.A-)and \pplication for Certificate oft 'se(Exhibit--13").1 ha>c determined that Klub 2-4 cannot operate an adult entertainment business at its current location without seeking a special exception from the Planning Council and(_'it. Commission. in letters dated December 16. 2017_ November 7, 2016. January. 5. 201 7. Januarv6. 2017. and ,Tula 3. 2017. (F \hibit "C" composite). the (`iti's position \\as cicari stated. Pursuant to Sec. 7-5. entitled Compliance prerequisite to certificate of occupaucv. -"[1 he building official is hereby authorized and directed to ;y ithhold the issuance of a certificate of ocrtipnnQ, issued under the pros isions of the building code (I lorida Building Code) fir noncompliance vv ith the provisions of this ( ode.- f he Code of Ordinances ot'the City of Opa-I_ocka ("(. it. Code--) does not specifieall. authorize a temporary certificate of occupancy. I herefore. a building must be in full compliance with the I lorida Building ('ode and the ('itv (ode before a (.. erti licale of Occupanc; can be issued. According to NIiami-Dade lire Inspector Christopher Stennett, kbib 24 \\as inspected as a restaurant and 1101 as a 1 i ht club. 1 he reljuirei'17eilts for a nightclub are different than that of a restaurant: therefore. Klub 24 has not passed a lire inspection for its current use. (1'-:xhibit --D") Klub 24rs operations sir.-+late Sections 4.5 (I low's for Night Clubs). 4.11 (Vaudeti il le. theatricals prohibited after 10:00 p.m.). and 4.17( total or Partial Nudit■ and Sexual Conduct Prohibited) of the City Code. In the June 26. 2017 toning Verification Form (I xhihit "1--). the applicant stated the proposed use vvas --commercial." the toning Verification I cn'tn vy as rev ievted b. the Department <d' Planning & Conimunik 1.)ev elopment ("Department-)on August 3, 3017. f he Department determined that the use ol'the premises for--adult entertainment- must he approved bti the Planning Council and City Commission. Cny Hall • 780 Fisherman Street. 4`h Floor. Opa-locka. Florida 33054 • (305) 688-4611 AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRiMiNATF ON THE BASIS OF HANDICAP In the application for an occupational license dated January 4, 2017 (Exhibit "F"). the applicant listed the use as a tavern. bar, playhouse and adult entertainment. but appears to line through or delete the use for "adult entertainment_"Subsequently.the City's license clerk issued a letter to Klub 24 informing it that the permitted uses for license 4990008920. (l-xhihiit G--)included tavern.playhouse,bar.and adult entertainment.NoIvy ithstanding the improperly issued license. Klub 24 had been previously informed that it \\EIS required is go through the Planning Council and City Commission approval process prior to operating an--adult entertainment-business in the Cite.(See Exhibits -'A-- -.C-' and --1=" & "F") -A letter dated January 11, 2018 delineates Klub 24`s impediments to legal operation. (1_ixhibit -'H") On January 17, 2018. a 1 emporar Certificate of Occupancy (17\hibit "1' l vY as issued far a restaurant. lounge and cabaret, but not tier"adult entertainment.--Adult entertainment-is specifically prohibited by the City Code yy ithout i special exception granted by the Planning Council and City Commission and therefore there is no need to specifically define the term "cabaret- in litaht o1`an improperly issued Certificate oi'Occupancy,a prohibition ttg.ains.' adult entertainment vyithin the('itv yiolation of several ordinances pertaining to time and manner of operation. an improperly issued license and failure by Klub 2-1 to pursue the proper avenues of approval after being informed multiple times to do so. I am oh'the opinion Klub 24 is NOT permitted to operate an"adult entertainment business within the Cite of Opa-i ocka at this time. END OF \IEIV1ORANI)L MI • EXHIBIT „A„ ..- ...•" _.„-- , 'Tri. :'sr:----a.;• ..,e, -6-„.,... ..„......... ZONING VERIFICATION FORM INSTINCTIONS Upon completion,please return thisformandallattach, Community Development Department :'....,....,:: . 780 Fisherman Street,Fourth Floor Phone:(305)955-2868 ext.150E Office Hours: Opa-locka,Fforide 33054 FAX(305)953-3050 9:00 a.m. 5:00 p.m.Mon-Fr $100 processing fee is required upon form submission APPLICANT INFORMATION Date c dome Ph.no Nadel' - , (7 A- i >- ' i iminimmi _ 1 , State ZIP Code Alternative• one N I."bar: M-c-- I 1 E-mail Address ' _........„-_____ PROPERTY INFORMATION Property Owner Phone Number E-mail Address ___ . , . f ':-.•ri,.. - • 4 i i ,- .- 4 ''' ''.1 eCki Prams Number •-, ,:,‘,1) •••,..____. intended Use of the Property __,......, ----------- rr- . !are,„„.,77. .i' ) , ''' '-, ..." ..- „„,....- . The purpose'.Feb s •rm Ito confirm the currevtoning for he property listed abet! .Pleas6 contact Ole Afliamitade County Property Apprai:er's Office at (786)331-5321 to verify the folio number,as folio numbers are required to process this application,The City MDR-loch does not use the property address to verify zoning information, in order to submitthis form,a$100 preeer,,Ing fee it required, Completion of this form does net constitute approval of veer bu sinc permit request. I certify that I have read and understand the information above and that all of the information 1 have provided above is true or accurate to the best of my knowledge. Applicant Signature ----------, Date Signed ,,- -------.....) „..., --- _-, 1---1"—'-' -r-..-7- -----rr----,--,--.-r-,- ..Tog::otjky. ..'''-'''',—',.,-,-7---------7------------------------- , / , cAction Needed; 4;) 4hi , c4 ,.-, •:0...,;;,..:4-1.1,:),.v–F.:;!-...:t-'—‘,.-c,),..-ty/-7,,,,--:57:—_,244! , , r i 3 ( Other Comments: ' 'ql r,` .: di . 0 Ret,edyckenied A ZONING DISTRICT: ''' . I'L:) ;11ZRE LAND USE - ” - --- -- ---7 I -0-l'EfTLV DISTRIC- n / r,:_,... - ----- iC,.-fi-7) •'':41-,,' -!,,,,•„,,, t. , .._-..i • - ' -i i''.';' 1----------7------- -z______,...... Planning and Zoning Personnel(Zoning Official) ---_—__________________—__—_ Staff Signature 'i' 'i Date Signed —7— ,,•,,),, E _ _ EXHIBIT aBn ......r.n.t.t YarrCal 011IcIlL 4 780 Fisherman Street , Opa•locka,Florida 33054 1.41w - ,.. ,-,--:' / , f,:,: ••• • Tel:(305)953-2868 X-1503 Fax:(305)953-3060 / ''`'.2.,r" , Gregory Goys Department Director / ggadmak„atigthay. / ,.-- APPLICATION FOR CERTIFICATE OF USE / There is$150.00 non-refundable fee for the processing of this application.Payment shall be made pa,yable to the City al Opa-iocka TO BE COMPLETED BY APPLICANT . - Business Name: i ' A. 4 a .--/., b e ______________ _ Business Address: . r ----' City: .Qp_ticca State: FL Zip Code: 33054 Business Phone: Sq. Ft of Suite/Space: __________ Suite Number(if applicable): Describe Business in°eta(Include no,.of seets/tables/chairs): ____________ Business Owner: Owner Address: City: . State: Zip Code: Phone:• Fax , , 'Email: Applicant Signature: ______ Date: • . _ ,.., TO BE:COMPLEtED BYCITY STAFF . . File No Folio No (-,,0 .,.-- -'-'(C.-2'''''.---"' ' - ‘...,'■C77."" j.7',7 , -*--- Zoning District ,..L - .:-.:', Land Use ' 1 r,_-..A.4-, --:y.,,,,,f HISTORY/RWARCH —___,—,-_ „„__ ._.,— _____-- _Description .: urce I Sfatu$ , ,,,i,,.. ...., , Ln—'-,.; '-. ,I IN 1pf...'::.o..,,A, , ):LJ 0,--..e.- : t;'.., ',,';1,--4,r.... Ji ':----::::•- •;.--- v ,I 1 _,1,_, _ I APPLICATION TYPE(Please Check Only One Boxili , New Certificate of Use .L.. Approved 0 Denied El 01Afrership Thansier of Certificate of Use 0 Approved with Conditions: h ,'1 1 U ''7 .-C. 11' •!i'• -7,7"47—`77. / KEEP POR YOUR RECORDS Dste StarSignature EXHIBIT ivy COMPOSITE P71-0 9 * O4 �p Of 4 iV David Chiverton `i _� _ 'i.N 04o Telephone: (305)953-2821 Ext.1202 Interim City Manager \ `'°gAtfi� Fax: (305)953-2870 Email: December 16, 2015 B& G Holdings,Incorporated Attention: Mr. Eddie Dean Dear Mr. Dean: It was a pleasure meeting with you regarding your desire to open an establishment with the City of Opa_ locka, Florida. I understand that you and your partner(s) vision include a nightclub that could be inclusive of adult entertainment.Please understand that we welcome new business in the City.However,all new business ventures require a process in order to ascertain a Business and Occupational License.The application processes include a presentation before the Planning and Zoning Board and their reconun ne dation is forwarded to the Ci Commission or Ina approval. "�" Once you and your partners identify a location that complies with all applicable City Zoning Regulations;the process of review begins. Thank you for your interest in investing in our City we await your application for consideration. Sincerely, 4.72i " David hiverton, t Interim City Manager Vincent Brown, City Attorney—The Brown Law Group Gregory Gay, Director of Community Development& Planning *** END *** City Hall e 780 Fisherman Street,4th Floor, Opa-locka,Florida 33054 ® (305)688-4611 AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP P Loc •r0�' ar Memorandum To: Yvette Harrell, City Manager From: Gregory Gay, Director-Planning & Community Development Date: January 6th, 2016 RE: Former Crabby's Restaurant- Bar, Lounge Taverns Use and Adult Business Use PCD Staff met with Mr. Eddie Dean and Mr. Vincent Brown-City Attorney on January 4th, to discuss the staff recommendation regarding the proposed Restaurant/Lounge use and Adult Business use at 3615- 3699 NW 135th Street. This property is a 9-bay retail/restaurant building which is approximately 14,000SF structure on a 60,000 SF lot with 49 parking spaces. The property is zoned 1-2 Industrial Planned with a MXUOD-Mixed Use Overlay District, and the land use for this property is Commercial. The Leasee seeks to use the former Crabby's Restaurant space which approximate 5,000SF as a restaurant/lounge with an adult business. This space was previously used as a restaurant with a full bar liquor license operation.The Leasee seeks to continue the restaurant operation in addition to offering the lounge and adult business operation. However,there are several issues that need to be address. The former restaurant has not been in operation for at least three years. Opa-locka's new Land Development Regulations requires that for properties in the MXUOD, all bars, lounges and taverns use must go through a Special Exception process, and properties in the I-2, all adult businesses must also go through the Special Exception process. PCD Staff have determine that based on this location's previous use as a restaurant, and the certified survey provided by Mr. Dean which depicts that the restaurant space where liquor will be sold for onsite and offsite consumption is more than 1000 ft from schools, churches, park and residential properties, PCD staff will forgo the Special Exception process for the bars, lounges and tavern, this use will be address administratively. However, under these stipulations, PCD staff has some concerns regarding the proximity of this proposed use to the charter school operation located at 3400 NW 135th Street and consideration for placing restriction for onsite consumption of liquor only. The Leasee's proposal to operate a playhouse/cabaret in the restaurant at this location has been determine to be interpreted as an adult business. A Special Exception process is required for properties zoned 1-2 to determine if the adult business proposal would be allowed under certain conditions. Based on the use proposed, parking requirements will also need to be addressed which includes creating a shared parking plan and consideration for restriction on the hours of operation as to not conflict with school hours of operation. This will be the first true test for the new LDR/Zoning Code. If you have any questions or concerns. please advise. END OF MEMORANDUM ovp-tocka 4 \;A• � t �5. d, November 7, 2016 Mr. Eddie Dean Crabby's Restaurant and Retail Space 3615-3699 NW 135th Street, Opa-locka, FL 33054 RE: Adult Business Use and Bar, Tavern, and Lounge Use Mr. Dean, Thank you for supporting the City of Opa-locka by bring a new businesses to the property you and your investors recently purchased. The property you acquired is located at the north east corner of NW 135 Street and the LeJeune-Douglas Connector. This letter is to provide you with a summary of what we have discussed and determine if the business uses you are proposing at this location is allowed, the requirements and conditions necessary for this use to he allowed, and a specific timeline for addressing these issues of concern. The Planning & Community Development Department recently met you several time over the past 60-days as the new leasee of the property located at 3615-3699 NW 135th Street. This property is a 9-bay retail/restaurant building which is approximately 14,000SF structure on a 60,000 SF lot with 49 parking spaces, The property is zoned 1-2 Industrial Planned with a MXUOD-Mixed Use Overlay District, and the land use for this property is Commercial. The Leasee seeks to use the former Crabby's Restaurant space which approximate 5,000SF as a lounge with an adult business. This space was previously used as a restaurant with a full bar liquor license operation. The Leasee seeks to continue the restaurant operation in addition to offering the lounge and adult business operation. However, there are several issues that need to be address. The former restaurant has not been in operation for at least three years. Our new LDR requires that for properties in the MXUOD, all bars, lounges and taverns use must go through a Special Exception process, and properties in the 1-2. all adult businesses must also go through the Special Exception process. This Special Exception process requires the property owner and/or leasee to present this new business use to the Planning Council for recommendation and City Commission for consideration. Additionally, properties where liquor will be sold for onsite and offsite consumption, must be 1000 ft from residential, places of worship, schools and public parks. Under these stipulations, there are some concerns regarding the distance this property is from a charter school operation located at 3400 NW 135th Street and the residential units [Barracks] located on Ali Baba Avenue and Sharar [adjacent to the truck parking site]. According to our research, this property is within the 1000 ft distance requirement for both the charter school and the residential development. This will require a variance for the LDR/Zoning Code and City Code regarding distance requirement for places selling alcoholic beverages and restriction on the hours of operation. As for the adult business, a Special Exception will be required to determine if the adult business proposed would be allowed under certain conditions. Based on the uses proposed, parking requirement will also need to be addressed which includes creating a shared parking plan and restriction on the hours of operation. This is going to he the first true test for the new LDR/Zoning Code. If you have any questions or concerns,please advise. We look forward to doing business with you in an appropriate and professional manner and we are willing to assist you in resolving this matter. If you have any questions, please contact a member of my staff at 305-953-2868 x-1503. Thank you for helping us make our City Great! Sincerely, Gregory D. Gay, Director cc. Yvette Harrell,City Manager Vincent Brown,City Attorney Joanna Flores,City Clerk Gerald Lee,Zoning Official/Planner Kinshannta Hall From: Gerald J. Lee Sent: Monday, November 07, 2016 7:06 PM To: Gregory Gay Cc: Kinshannta Hall Subject: FW: Letter-Eddie Dean Zoning Letter-Crabbys Restaurant 11-7-16 Attachments: Letter-Eddie Dean Zoning Process Letter-Crabby's Restaurant 11-7-16.doc Mr.Gay, Well said. As discussed I will submit this letter with the BTR/COU application on Tuesday. Sincerely, Gerald 1. Lee, Planner/Zoning Official Planning&Community Development Dept. OPA-TISHA-WOCKA-LOCKA ., 1C r. The GREAT CITY 780 Fisherman Street j Opa-locka, FL 33054 C:305-807-8545 P:305 953-2868 X-1502 F:305-953-3060 glee(aopalockafl.e,ov www.opalockafl.Rov Under Florida law,e-mail addresses are public records.if you do riot want you,email address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by phone or in writing. From: Gregory Gay Sent: Monday, November 07, 2016 6:41 PM To: Gerald 3. Lee Cc: Kinshannta Hall Subject: Letter-Eddie Dean Zoning Letter-Crabby's Restaurant .11-7-16 Please review and provide input. Your services are greatly appreciated. P9af Gregory D.Gay, Director Planning & Community Development Department oQp.lA_.F.. .,q pot 7�. 1 i is •,OR AI January 5,2017 Mr. Eddie Dean Restaurant and Retail Space [Former Crabby's j 3615-3699 NW 135th Street, Opa-locka, FL 33054 RE: Bar, Tavern,and Lounge Use and Adult Business Use Mr. Dean, Thank you for supporting the City of Opa-locka by bring a new businesses to the property you and your investors recently purchased. The property you acquired is located at the north east corner of NW 135 Street and the LeJeune-Douglas Connector. Per our conversation with the Mr. Vincent Brown-City Attorney on January 4th, this letter is to provide you with a summary of what we have discussed and determine if the business uses you are proposing at this location is allowed, the requirements and conditions necessary for this use to be allowed, and a specific timeline for addressing these issues of concern. Your company will be the new leases of the property located at 3615-3699 NW 135th Street. This property is a 9-bay retail/restaurant building which is approximately 14,000SF structure on a 60,000 SF lot with 49 parking spaces. The property is zoned 1-2 Industrial Planned with a MXUOD-Mixed Use Overlay District, and the land use for this property is Commercial. The Leasee seeks to use the former Crabby's Restaurant space which approximate 5,000SF as a lounge with an adult business. This space was previously used as a restaurant with a full bar liquor license operation. You, as the Leasee, seeks to continue the restaurant operation in addition to offering the lounge and adult business operation. However, there are several issues that need to be address. s The former restaurant has not been in operation for at least three years. Our new LDR requires that for properties in the MXUOD, all bars, lounges and taverns use must go through a Special Exception process, and properties in the 1-2, all adult businesses must also go through the Special Exception process. We have determine that based on the this location's past use as a restaurant, and the certified survey provided that depicts that the restaurant where liquor will be sold for onsite and offsite consumption is more than 1000 ft from schools, churches, park and residential properties, PCD staff will forgo the Special Exception process for the bars, lounges and tavern and that this use will he address administratively. Under these stipulations, there are some concerns regarding the proximity of this proposed use is to the charter school operation located at 3400 NW 135th Street and restriction on the hours of operation. Your proposal to operate a playhouse/cabaret in the restaurant at this location has been determine to be interpreted as an adult business. A Special Exception will be required to determine if the adult business proposed would be allowed under certain conditions. Based on the use proposed; parking requirements will also need to be addressed which includes creating a shared parking plan and restriction on the hours of operation. We look forward to working with you and we are willing to assist you in resolving this matter. If you have any questions,please contact a member of my staff at 305-953-2868 x-1503. Thank you for helping us make our City Great! Sincerely, :r Gregory D. Gay. Director cc. Yvette Harrell,City Manager Vincent Brown,City Attorney Joanna Flores,City Clerk Gerald Lee.Zoning Official Planner Planning& Community ` Development Department !Ito' ;`ga Gregory D.Gay,ALA Director 780 Fisherman Street,4th Floor 1 r+'L e 4' Phone: (305) Opa-locka,FL 33054 ' (305 953-3060 Fax: (305)953-3060 January 6,2017 Mr. Eddie Dean Restaurant and Retail Space [Former Crabby's] 3615-3699 NW 135th Street, Opa-locka, FL 33054 RE: Bar, Tavern, and Lounge Use and Adult Business Use Mr.Dean, Thank you for supporting the City of Opa-locka and bring a new businesses to the property you and your investors are acquiring. 'I he properly your group is acquiring is located at the north east corner of NW 135 Street and the Leieunc-Douglas Connector. Per our conversation with the Mr. Vincent Brown-City Attorney on January 4th, this letter is to provide you with a summary of what we have discussed and determine if the business uses you are proposing at this location is allowed, the requirements and conditions necessary for this use to he allowed, and a specific timeline for addressing these issues of concern. Based on the information provided, your company will be a new leasee of the property located at 3615-3699 NW 135th Street, This property is a 9-hay retail/restaurant building which is approximately 14,000SF structure on a 60,000 SF lot with 49 parking spaces. The property is zoned 1-2 Industrial Planned with a MX HOD-Mixed Use Overlay District, and the land use for this property is Commercial. The Leasee seeks to use the former Crabby's Restaurant space which approximate 5,000SF as a restaurant/lounge with an adult business. This space was previously used as a restaurant with a full bar liquor license operation. You, as the leeasee, seeks to continue the restaurant operation in addition to offering the lounge and adult business operation.However, there are several issues that need to be address. The former restaurant has not been in operation (Or at least three years. Opa-locka's new Land Development Regulations requires that for properties in the Mixed Use Overlay District [MXUOD], all bars, lounges and taverns use must go through a Special Exception process, and properties in the 1-2, all adult businesses must also go through the Special Exception process. We have determine that based on this location's previous use as a restaurant, and the certified survey provided that depicts that the restaurant space where liquor will be sold for onsite and offsite consumption is more than 1000 ft from schools, churches, park and residential properties, PCD staff will forgo the Special Exception process for the bars, lounges and tavern and that this use will be address administratively. Under these stipulations,there are some concerns regarding the proximity of this proposed use is to the charter school operation located at 3400 NW 135th Street and restriction on the hours of operation and onsite consumption of liquor only. Your proposal to operate a playhouse/cabaret in the restaurant at this location has been determine to be interpreted as an adult business. A Special Exception process is required for properties zoned I-2 to determine if the adult business proposal would be allowed under certain conditions. Based on the use proposed, parking requirements will also need to be addressed which includes creating a shared parking plan and restriction on the hours of operation. We will continue to working with you and assist you in resolving this matter. If you have any questions,please contact a member of my staff at 305-953-2868 x-1503. Thank you for helping us make our City Great! Sincerely, ,r Gregory D. Gay, Director cc. Yvette Harrell,City Manager Vincent Brown,City Attorney Joanna Flores,City Clerk Gerald Lee,Zoning Official/Planner Subject: RE: Letter-Eddie Dean Zoning Letter-Crabby's Restaurant From: Gregory Gay (ggay @Opalockafl.gov) To: eddiedean3571 @gmail.com; Cc: yharrell @Opalockafl.gov; vbrown @Opalockafl.gov;gjlee@OpaLockafl.gov; khall @Opalockafl.gov; slawson @Opalockafl.gov: Date: Monday. July 3, 2017 12:15 PM Mr. Dean. Per our recent e n\cisatIOil, attached is a letter recappiris. the ( ity's ptT:tlion re5ardine your pe ndi ' ti, - �.iii'a que i1on= or e:, s o the t: restaurant adult business in �])�t-lliCksj, I I If .( Ll �l:i�� _1t.�1]_ 11 Ilti �_ !._ t o.Ifi+,+l: rd,..';1�;,' contact the (_ ity Attorney for further res poll .e, .1 h iul,: you for helpinte make our (- ity (beat' 1;.,J t.'_D Cl V _;Fegon L. Gal., 't[ - RA. 1E., i ireclo 1 ( P i..; ;gc: i'l.awiiii<, & ( t)'4!€iluuitV' De',eioi) U4.lsl t .'i3lFi1e;1. 1 C.::::i .:H.:i'i\ . C' C:J:;:pii'.etii t ieIiY Ci9s of i:;pu 1-locLa ,,iii,itla t 'tt:; p e% 7bb0 Fishcrsil,iu Street, i:otirth Floor j O u-t.€jai..,. F(., 3 (;54 y0>95; _s,,8 c;4 1501 1 :,05-953_3060 3060 I..e�t , I,paiu(h ail.,an I 1ltiu1.0!):110cr.aii_pul t TT!j i, (-F1 IF 1 I EXHIBIT „ p„ Subject: RE: 3699 NW 135 Street/Peemitt#:17120-00084 From: Stennett, Christopher (MDFR) (Christopher.Stennett @miamidade.gov) To: vtblaw@bellsouth.net: Cc: Pamela.Houghton @miamidade.gov; Date: Thursday, February 8, 2018 7:03 AM From:Sicnncit.Christopher(MDFR) Sent: Thursday. Fehruin 08. 2018 6:57 VM 1"0: Stenucu.('hrisiophei 011)FR) Cc: Houghton. Pamela t Ml)FR) Subject: lit.' 36O9 N\\' 135 Street;Pcenutt T:1 7 1 20-0008-I Mr. BroAy n. b .d\iscd that the husiness in i tk,-1: In located at ,biiii N �..- tl'a� f ��.� `31 .. 1�eu11S1 I-I 211-11008-4 inspected restaurant. \H uecupanev ;v ith 51) or inure p.uplc c:, sidciu,1 ,,n .. yra,cnit',1y per NFP ( t here are diili rctlt reillllrel11enhi base (1;1 ihe type t'i .. .cill'oP RcTard'. .`teni"tell Front: SicnieIl. hip.dophei l frl l>1 1Z i Sent: A'1'e hicnJ:i'., i chrul+rr(a? 2U1 s 2:I s, pi\4 1'o: Im i .'iit•,�i. Pamr'In Iy11)FK) Subject: F1\ so-c:21 Pcenlitt .171_0.,i 0.,,,1 1=) From: Vincent 13ron n Imaiho: thlim(1:rbeIIsouth.net I Sent: Wednesda■. February 07, 2018 12:08 PM To: Stcnnett.Christopher(MDFR) Subject: F\k: 3699 NW 135 StreetiPecmiit.=:1 7 1 20-000,-4 Please see below my email from Friday. Feb. 2, 2015 Thanks again, Vincent T. Brown. Esq. The Brown Law Group, LL..0 547 NW 119th Street, Suite 202 North Miami. FL 33168 305-655-75001 305-658-7501 (fax) Wwvt.thebrownlaweroup.net This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally priv ilcgcd and confidential information. If you properly received this e-mail as a client or retained expert. please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient. or the agent responsible to deliver it to the intended recipient. you are hereby notified that any review. dissemination. distribution or copvine of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, I S U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without rcadin,, same. Nothing in this e-mail shall, in and of itself, create an attorney-client relationship with the sender. I c,r�� rct,d Message Front: Vincent 131imn vthla�r�u h'tlsuuth.ncr lo: sl:uncit;a mian;idad .:<<n sicnnett(a iniantiil:ulcizr�v Sent:'fucsd v. 1ehruary 6.2018 8:07 AM Subject: Rc: 3699 NW 135 Sireei/l eeiniura:1 71_'_0-000-4-4 Good moring: Please sec below. 1 am avv aline your response. Your attention to this matter is greatly appreciated. Should hav e any question I can be reached at 305 785 6-122. Respect fully. Vincent T. Brown. Esq. The Brown Law Group, I.LC 5=I7 NW 119th Street, Suite 202 North v'lianai, FL 331( S 305-655-7500/305-655-7501 (fax) www.thebrownlawgroup.net This e-mail is intended on;iiy for the individualist or entity(s) named 'Within the message. This !t,ail might cent tin legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party. that action could constitute a waiver of the attorney-client privilege. I f the reader of this message is not the intended recipient. or the agent responsible to deliver it to the intended recipient. you are hereby notified that any review. dissemination, distribution or copying of this communication is prohibited by the sender and to du so might constitute a violation of the Flectronic Communications Privacy Act. 18 U.S.C. section 2510-2521. If this communication was received in error we apology>ize for the intrusion. Please notify us by reply e-mail and delete the original nlessaile ,y ithout reading same. Nothing in this e-mail shall, in and of itsclf. create an attorney-client relationship with the sender. From: Vincent Brown <ytblaw (r.bellsouth.net- To: "stcnnett(a:miamidade.2ov" <<stennett(Cl_mianlidade.gov Sent: Friday. February 2. 2018 3:40 PM Subject: 3691 NW 135 StreetiiPeemiit#:1 7 1 20-000ti-1 Inspector Stennett: 1 am the City Attorney for the City of Opa-locka. Pursuant to our conversation of today. you advised that the permit issued for the above-referenced establishment was for a restaurant. Please confirm that the above-referenced establisment vv as inspected as a restaurant, and not a club. the permit only says "assemblies" which doesn't specify the inspected usiii2e. Thanks in actV'once for your assistance. Respect ltiik. Vincent T. Brow n. Esq. l'lte Brown 1 aw Group. 11 C 847 NW 119th Street Suite 202 Miami. Honda 33168 305 688 7500 tel. 305 688 750i lase. yiblavv(a'bellsouth.riet email Sent front Yahoo Mail on Android EXHIBIT „ E„ ort•-`_.•'..Fk., t! itt,ifo74): - — ------------------------- -— ---------____ .. _ ZONING VERIFICATION FORM INSTRUCTIONS Upon completion,please return this form and all attachments to: Community Development Department 780 Fisherman Street,Fourth Moor Pitcr,e:(305)95,3-2858 ext.2.503 Office flour Oplka,Florida 33054 FAX(305)453-3060 9:00 a.m.•5:00 p.m.Mon-Fri r $100 processing fee Is required upon form submission ,........,__ APPUCANT INFORMATION -------_--_-____—__-.___ Applicant Name Date -, 1 • , ‘•4.J.J.4..... ,...-[..-. tt i .....,. ....".. ....,,-...----■_.,.... ,.,,___,.., . /_ StreetAddress Rome Phone RI mber 7--4-1- -- ( -1 1,---3. .fr-J-4,, . 41L-t-tn -,3.,.../.--_-. 2-- - - 4 -.1 --y7'5')._ State 1----- ZIP Code --- ---- Ali City ernativ-e PThme Number.--- --r-- r: ....) •-,.., I ) .7.„J,L_..-4...,..-C... .4,.. .__,- A.._______ I • c. 1'- E•naii A•dress - PROPERTY INFORNI_A_T_ION____ __._____ i'11.9`Tr-^be7- -—- -1.-—E-n7,1iiAdciros5--____—_----— Property Owner I OO .,,_;) P Umber - - - ------ Type of Business '.--'-*-1 -- -- ' - Pro-ce7s iii-um-ier-----------— Intended Use of the Property - -4-1....3.4,4";.L.,Z. " 1"i l'cr'.. ..t.•r•- , (,,,•:3 yo•'1 ----__-_-,-._...--- The purpose of this form Is to confirm the current zoning for the property listed above.Please contact the Miami-Dade County Property,Appraiser's Office et (766)331-S321 to verifyr the folio number,as folio numbers are required to process this application.The City of Opa.tocita does not us::the property address to verify zoning information. In order to submit this form,a$3.00 processing fee is meekest completion of this form Ares nor constitoce approval of your bus:r ac;o.- permit request. /certify Oar f have read and anciorstvil the iufc,ar.:.,:ifJP rt Wd--::':i-6.th,"“'fYil cf Ma inforinntion i have provide('above Is true accuatte to the bes C..of my knovidedgFl< ------------- .Applicant Signature L.... a 0 Agile ,-- -, , --------) ookeffmp.gotv . mizzormir , ,jigatt,4_,,e .1,, , _,......4 ir . , 27'- Z 2.-IED - e•Vi- - I Other Comments: C ' (AWOTheJIjeZ---L.—. -----"------"-----"---"o I/ ' --------------------------1 /Lg. -tf ZONING DISTRICT: FUTURE LAM USE: / / OVERLAY DISTRICT: - 7 ,..1....,......7,-,..4. ' &Ito Manning and Zo Personnel(Zoning Official) ---.. - Staff SignatuW ,/ Date Signe, ' ,..---- EXHIBIT ar •" ' CITY OF QP�.LflCYCA OCCUPATIONAL QTYOI'AL I ICENSE!4PPLICATION 14.4)-1-61/1-c7, � �---- r 6 [/ // / • '..�V; Building/CiccupatIonal License Depa'1met?_ E1ectrica Y�ct►om 51 EO r4-. "5if ki�shermoa Street 4Th Fictor �--' t ,Opsa Lpcka,FL 33054 Code Cog Inspection $51.50 Code Compliance $30.00 TEL r ie ;. .TEL 305.953.2868,Ext.1602,1603 P .•--Y 'rY;: ,f� -;;.Fi e 305-953.2897 Mechanical Inspection 351.50 �� _ SUB TOTAL: $184.50 ZON NG DISTTJC;s f z" 0a pt �— h /*� # / . License I + $ EiII1✓ TAY; �1 TOTAL tip $._._-. Jul Y�' Please PRAYT CLEARLY and read this document carefully before signing. 7(� ( �v �f_(/ Ill 1`� Q BUSINESS NAME(NC D G�)' NAME): - a^ 1 .044.-__C-1,t t ` /, BUSINESS ADDRESS: o ;i u' b '� [�`! Iay BUSINESS TELEPHON OMB`R{ SOCIAL SECURITY NUMBER AND FED: NUM: R:" " --"•-- ,-- TYPE OF APPLICATION:NEW( ) TRANSFER OF OWNER( ) RENEWAL( ) NAME CHANGE( )ADDRESS CHANGE( )SPECIAL I)d FORM OF BUSINESS:INDIVIDUAL( ) PARTNERSHIP( )CORPORATION( )O'T'HER( ) NUMBER OF EMPLOYEES: -BUSINESS OWNER(S): NAME(S): G R(ES). li,p' ____ l � .411 s �, i : c r _ 1is TELEP ONE NUMBER(S):.,, z _ ---- - t! DATE OF BIRTH: / ` DRIVER'S LICENSE NUMBER&STATE _ �_ • MAILING ADDRESS(LICENSE RENEWAL NOTICE WILL BE MAILED TO THIS ADDRESS):y _ `�ttet -a REQUEST FOR EXEMPTION OF OCCUPATIONAL LICENSE FEB(ATTACH SUPPORTING DOCUMENT) ,F'., o ti. N NPROFiT( ) CHARITABLE( )OVER 65 YEARS OF AGE( ) fj 0 i! DECLARATION OF ENTENT n • P -f —_� e �� hereby affirm that I intend:o use the premises as outlined on the Occupational License Application solely for the purpose of: / —0,,e_fi-74 ,--2---r"4.‘L- '"'"- _. - and for no o ./` . ._._. •I,hereby certify that the information given is complete and accurate. I understand that making fake cr fraudulent statements rna 31 It in denisi of Ott Occupational License. I further acknowledge that the City shall not be held responsible far any work that we may have done on the promises prior to dimming the required permits for all alterations,remodeling,repairs,electrical work,plumbing wed:,signs,et,...,I agree to operate within City and State use and will notify the City of any changes,as well as closing of this business. Upon signing this application,I hereby autro:ize the City of Opa-Loeka to run a police background creek era an w individual(s)assncieted veldt till.:b,L;incs; and/or business location as well as Code Compliance Division,Miami-Dade Fire Department and Building Department site inspeclicns. S. :ATURE AND TITLE DA't E SIGNATUREANDTITLB ,. F — _ SWORN TO AND SUBSCRIBED BEFORE ME THIS__, .__. _ __ DAY Or-_ 1 ,E)I,s&tl j 2 r�t 'NOTAR'PUBLI6,STATE OF FLORIDA MY COMMISSION EXPIRES: IT IS THE BUSINESS OWNER'S REPSONSIBILYTY TO PROVIDE COPIES, WE DO NO1 MAKE copra O r �] YOUR DOCUMENTS. � t , 'a k C0 ?, aril F.I55de C, Lg J Nr a - t.A I 2,,20i8 EXHIBIT II G111 40771;,,i4, :* ,,4L1,.,"4sk.a):) ' . _;;Vil'-• CITY OF OPA-LOCKA BUILDING DEPARTMENT 780 FISHERMAN STREET 4TH FLOOR OPA-LOCKA,FLORIDA 33054 TEL:305-953-2868,EXT 6 FAX:305-953-2897 ;-.... January 5, 20IP B &G Opa Holdings,',Lc 3699 N.W2i3gfilt4e4 Opa-locki.;,Flotida4:30'54 Dear BusineSOWnet:' The Lice9g109QP0890 category other includes the description as written in the approval application of use,play house,bar,ta-v-eni approver adult entertainment. . - Olga Pithat c),:License Clerk p.4 . . . • lop . . .. . . * ... : -- - .- :- d-6,1. , ,, PP #:...:4, I ::. ' .s d s BUILDING AND LICENSING DEPARTMENT p ",�.e 780 LDIN Fistula fAN STREET 4r"FLOOR MVR4 L.TAILOR,MAYOR OPA-LOCKA,FL 33054 JOSEPH L.KELLEY,VICE MAYO TEL:305-953.2868,3054 6 TIMOTHY HOLMES,COMYIMR. FAX:305.953.2897 MATTHE COMM MATT.CONEY/R. JOE RILEY,Comm k. JOANNA FLORES,CITY CLERK ED BROWN,CITY MANAGER January 11, 2018 B & G Opa Holdings; Inc 3699 NW 135 Street Opa-locka, Florida 33054 Dear Business Owner, An inspection of the above referenced building was conducted on April 10. 2017.The inspection revealed the following: 1. No electrical permit was obtained. The work was done without permit. Therefore. you must apply for an electrical permit for the work done•without permit, 2. No plumbing permit was obtained.The work was done without permit. You must apple for a plumbing permit for the work done without permit. 3. Building alteration permit#17050021 was pulled on June 12,2017 4. Mechanical permit#17070080 for replacement of AIC unit was obtained on 7/26/17 5. Interior Remodeling permit#17080013 was obtained on 8/7/17. In order to request final inspections from the City of Opa-locka's building department,please provide an inspection report from your engineer/special inspector certifying the work has been completed in compliance to the permit documents for hem#'s 3. 4&5, At this time your request for final inspection of the building is denied until you apply for electrical & plumbing permits and provide,an inspection report from a special inspector as described above. In addition,your sign of 24 Club indicates a new business that requires a sewer capacity approval from Public Works&\VASA: Please obtain these approvals prior to applying for your CO. ;incerel 1 / ~r I✓srn Daniel Abia, CBO Director Building & Licensing Department EXHIBIT 111 • (, TEMPORARY CERTIFICATE OF OCCUPANCY CITY OF OPA-LOCKA, FLORIDA 33054 BUILDING DIVISION No. 0117 Date:January 17,2018 The Building Permit#:N/A Tax Folio No.08-2121-000-0030 The address of the structure: 3699 NW I 35th Street The name of the owner:B&G OPALANL)HOLDINGS. INC The address of the owner: 3699 NW 135TH STREET A description of that portion of the structure for which the certificate is issued: ('his Temporary Certificate of Occupancy extended for a 90 da +eried not to exceed 0420;2015 A statement that the describe portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. Copy on File For building and structure in flood hazard areas.a statement that documentation as the as-built lowest floor has been provided and is retained in the records of the Building Department: Elevation Certificate The name of the building official:Mr. Lsire!Daniel rihia, (JbO -f'he edition of the code under which the permit was issued: The use and occupancy, in accordance with the provisions of chapter Rei iodeline fore isiin_g restaurant lounge/cabaret. The type of construction as defined in chapter 6: The-design occupant load:, If an automatic sprinkler system is provided. v hciher the sprinkler system is required: Any special stipulations and conditions of the building permit: Temporary Certificate of Occupanes, This Certificate is issued to the above named location only on the expressed condition that the apl-lie:wi auct any future applicant will abide by and comply with all the provisions of Zoning ordinance No. 59 aim all ordinances or building codes of the City of Opa-Loeka,The Florida Building Code,and all other ordinances and laws applicable peI'taining,to the erection,constriction.alteration.remolding or use of hluildiiirs or structures. ,= , Building Official:_/ —i t: ,, (_ BUILDING DEPARTMENT ,"^ FLOOR ELEVATION 780 FISHERMAN STREET 4TH FLOOR ,,,4-; CERTIFICATE IS REQUIRED OPA-LOCKA, FL 33054 -' PRIOR TO CERTIFICATE OF OCCUPANCY TEL: 305-953-2868,Ext.1602,1603 FAX: 305-953-2897 IrC410 Application for TCO or CERTIFICATE OF COMPLETION or CERTIFICATE OF OCCUPANCY �j Certificate No. JOB ADDRESS: G72 !+'9 kl I SAS" BUILDING PERMIT NO. '7 0 S OD ../ TAX FOLIO NO.08 r - � D. �" �_�"� -('�� PROPERTY OWNER: e�_�2 ��I_c�;,� �_(4,•Y LOT BLOCK SUBDIVISION 1 rte' - PB- ; TYPE OF WORK -/ �` f. Y��i� ; ?7 f /` �/ } !r`^�ilf./T LE}Cl.-'C qJ ,/k?',7!t;J. . PERMIT TYPE PERMIT NUMBER DATE OF APPROVED FINAL INSPECTION Building r��a 7 /'�//P Mechanical _ (� / 7/4 4 � Electrical f 1/#'- 'J, '.�_ Roofing --1--I '-a-0--it /1-rfkk'-`-t--u Other(State Type) / ._ 1_. z �- % '7 i g.0J 0", - J If Owner/Builder: if Contractor: I hereby state that I am the owner/builder of the above I hereby request occupancy be permitted for the and that no General Contractor was employed in above property. any way whatsoever,and I hereby request that occupancy be permitted for the above property. `----J .i 4..'t 6- f t l ,,,,,e o f L4,-.-: OWN 1 UILDER` ' DATE CONTRACTOR / DATE f.' ''''.._. -----/---\„,-e. --J_____. 0 7//4?„.. UILDING DIREdTOR DATE This application must be completed in full by the Owner/Builder or Contractor of Record to expedite processing, Contact Person Telephone: _______._ __-- APPLICABLE CITY CODES Sec. 4-5. - Hours for nightclubs. Nightclubs shall be governed by the restrictions hereinabove set forth, except that no nightclub or owner, operator or employee thereof shall admit customers to its premises, nor sell, serve, offer to sell, allow to be consumed or delivered any alcoholic or intoxicating beverages to any person or persons between the hours of 5:00 a.m. and 11:00 a.m. on weekdays and between the hours of 5:00 a.m. and 5:00 p.m. on Sundays. Nightclubs may remain open one-half hour after the sale and consumption of alcoholic or intoxicating beverages is prohibited herein. (Code 1955, § 3-36) Note— See note following § 4-3. Sec. 4-11. Vaudeville, theatricals prohibited after 10:00 p.m.: exceptions. it shall be unlawful for any person to have, permit or allow, after 10:00 p.m. on any night, any vaudeville, theatrical or similar entertainment upon any premises in the city where alcoholic or intoxicating beverages are sold, served or consumed. (Code 1955, §§ 3-5, 3-6) Cross reference— Noise generally, § 15-73 et seq. ARTICLE II. -TOTAL OR PARTIAL NUDITY AND SEXUAL CONDUCT IN ALCOHOLIC BEVERAGE ESTABLISHMENTS Sec. 4-16. - Definitions. The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them as follows: (1) Alcoholic beverage, beer and wine shall have the meanings set forth in Florida Statutes Sections 561.01(4), 563.01, and 564.01 respectively. (2) Alcoholic beverage establishment means any establishment located in the City of Opa- locka, Florida at which alcoholic beverages, beer or wine are offered for sale for consumption on the premises. (3) Nudity, partial, means the exhibition by any female person to any other person of any portion of her breasts falling below the areola, or any simulation thereof(which definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed). (4) Nudity, total, means the showing of all or any portion of the cleft of the human male or female buttocks with less than a full opaque covering; the showing of all or any portion of the female areola; the depiction of covered male genitals in a discernible turgid state; the exhibition by any person to any other person, of his or her genitals, public area, vulva, anus, anal cleft or cleavage, or any portion of the foregoing, specified anatomical areas, or any simulation thereof (5) Person means an individual, corporation, firm, partnership, limited partrlei ship, association,joint stock association, estate. trust or business entity. (0) Sexual conduct means any ccxi ml intercourse, masturbation. sodomy, bestiality, oral copulation, flagellation, any sexual act which is prohibited by law, touching, caressing or fondling of the breasts, buttocks or any port on inerf,of anus or genitals oi the simulation thereof. (Ord. No. 90-6, § 2, 3-28-90) Sec. 4-17. -Total or partial nudity and sexual conduct prohibited. (a) It shall be unlawful for any person maintaining, owning, managing or operating an alcoholic beverage establishment to knowingly, or with reason to know, suffer or permit total or partial nudity or sexual conduct to occur on the premises of that alcoholic beverage establishment, (b) It shall be unlawful for any person, while on the premises of an alcoholic beverage establishment, to expose to public view those portions of his or her anatomy, defined herein as total or partial nudity, or engage in any sexual conduct. (c) It shall be unlawful for any person maintaining, owning, managing or operating an alcoholic beverage establishment to knowingly, or with reason to know, suffer or permit the exposition of any graphic representation to public view, including photographs,videotapes or film projection, which depicts total or partial nudity or sexual conduct. (Ord. No. 90-6, § 2, 3-28-90) Sec. 4-18. - Enforcement and penalties. Section 4-17 of this article shall be enforced as provided in section 18-5 of the city Code and violations of section 4-17 shall be punished as provided in city Code section 1-7. (Ord. No. 90-6, § 2, 3-28-90) Sec. 7-5. - Compliance prerequisite to certificate of occupancy. The building official is hereby authorized and directed to withhold the issuance of a certificate of occupancy issued under the provisions of the building code for noncompliance with the provisions of this Code. (Code 1 955, § 8-21) Cross reference— Sidewalks prerequisite to certificate of occupancy, § 19-18. Qock (4'," \a� City of Opa-Locka • f� Office of the city Attorney 00 ;9, (305) 688-4611 0..-7,.. 780 Fisherman Street,4"' Floor, Opa-Locka, Florida 33054 Vincent T. Brown City Attorney MEMORANDUM '1'0: Mayor and City Commission 1~d Brown, City Manager William Green, Assistant City Manager FROM: Vincent T. Brown, City AttorncIh---. ^,:, ,�, '' DA I F: February 28,2018 RE: B & G Opa Holding, LLC d/b/a Opa Club a/k/a and d/b/a Klub 24 This shall serve as a supplement to my February 12,2018 opinion and a response to a request Cur a legal opinion by Commissioner Pigatt.Commissioner Pigatt seeks to confirm the City Manager's statement.at the February 15,20 18 Commission Meeting. pertaining to his duty to enforce the City Code and address the illegal operations of K Iub 2-4. The City Manager's duties regarding the operations of Klub 24 are found in his Oath of"Office and the City Charter at Article Ill-Administrative Section 3-3(4) Powers and Duties of City Managers "[The Manager shall] [e Insure that all laws, provisions of this Charter and directives of the Commission, subject to enforcement and/or administration by him/her or by employees subject to his/her direction and supervision, are faithfully executed." At the January 24,2018 City Commission Meeting.questions were raised as to hove 13&(i Opa Bolding.LLC d/b/a Opa Club a1'k/a and d/b/a Klub 24 ("Klub 24"), an adult entertainment establishment, could operate in the City of' Opa-Locka ("City")when the City's zoning code does not permit such use, and on February 12. 2018,1 issued an opinion on this matter. At the February 15,2018 City Commission Meeting,the City Manager sited Article VIII Section 13-169 of the City Code stating it was the only procedure available to the City to address issues with Klub 24. However. Article VIII Section 13-169 Revocation of License specifically addresses the revocation of Mobile and Street Vendors' licenses and is therefore not applicable to Klub 24. Instead the City Commission should look towards Article I Section 13-8-Fraudulently Obtained Licenses Void Ab Initio,Section 13-3I-Authorized and Section 13-3 3(a)(c)(d)(f)-Grounds for guidance,as those sections govern license revocations and refusals for clubs and restaurants. Pursuant to Article I Section 13-32-Authorized,"[t the City Manager shall have the authority to refuse the issuance of or revoke any license or permit issued as authorized by th[e] Code"with specific grounds delineated by Section City Hall • 780 Fisherman Street, 4r 1 Floor, Opa-Locka,Florida 33054 • (305) 688-4611 AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP EXHIBIT „ A„ COMPOSITE 13-33(a)(c)(d)(f)-Grounds. The City Manager is also charged with the authority to implement Article I Section 13- 8-Fraudulently Obtained Licenses Void Ab lnitio which states: Any license obtained under the provisions of this article upon a misrepresentation of a material fact shall be deemed null and void, and the licensee who has thereafter engaged in any business under such license shall he subject to prosecution for doing business without a license,to the same extent and degree as though no such license had ever been issued. The City Commission may serve in a quasi-judicial capacity, hearing the matter if the revocation or a refusal of a license is appealed. Moreover, at the February 15, 2018 Commission Meeting. Mr. Deen. a representative for Klub 24,stated that S1 .5 million were spent/invested in connection with this project. A review of City records shows that on Ma) 16. 2017, only one exterior renovation plan was submitted to City for approval.(EXI-IIBI I"A"composite)Ironically,this plan clearly identify the establishment as a "restaurant." Although there were electrical, framing. plumbing and mechanical approvals(EXHIBIT"B"composite).there is no evidence that I have seen that shows plans and pe::-mit fees for the renovations done were ever submitted to the City. I strongly urge that the appropriate fire safety inspections be conducted immediately to insure compliance with NFPA standards for its current use, and not as a restaurant as it was previously inspected. The conclusion in my prior opinion remains unchanged. END OF MEMORANDUM 2 BUILDING PERMIT APPLICATION BUILDING DEPARTMENT 0, t,"r`,t,.,i PERMIT NO A) f,/ 780 Fisherman Si,4th Floor l'a; x ell 0 DATE ISSUED; 5 f b Opa-Locka, Florida 33054 1 n �P a � .p Tel:(305)953-2868 Option 6 L.�C K A CASH RECEIPT NO Fax:(305)953-2897 ` ari CASH or CHECK NO.ev ZVi PERMIT TYPE(Circle) BUILDING MECHANICAL WALL/FENCE SIGN PAVING ROOFING ELECTRICAL 1 PLUMBING OTHER \\✓ Owner Teshner Reality Tel No 954 668 3997 FOR OFFICE USE ONLY Mail Address 3300 N 29 Ave, Hllywd, FL 33020 DENIED APP VED DA t. 'V Bldg Conti Genesis Dev Grp, LLC Tel No 786-317-1997 (Y• Mail Address 1521 Alton Rd, #798, Miami Beach, 33139 ZONING 4 l r',, ----, PUBLIC WORKS Architect PLUMBING Engineer __13 Qdr1quez &Anglin• P.E, ELECTRICAL MECHANICAL i Tax folio no U8-2121- 000 0030 STRUCTURAL kl� LEGAL DESCRIPTION OF JOB: Lot No. 7 Blk 325 BUILDING 41.1 4•12 .12 `' \' Subdivision Curtiss Park PH& Page No 50-2 ' \ 3699 NW 135 5t ESIIMATE )\aLUE. FEE Street Address of Job p 4 „ No ' _:i Lot Size Survey Attached Principal Bldg ❑ $ Present Use(Vacant,or no of bldgs and use ul eaLlt) Accessory Bldg Cl ' I HEREBY MAKE APPLICATION FOR PERMIT TO: Screen Enc 7 Ott ERECT❑ ALTER riXEMOLISI I ADD❑ REPAIR❑ Wall U U .- __. Fence ❑ __ REMOVE❑ REMODEL❑ Pool ❑ PDe 2 r] /3 A STORY RESIDENTIAL❑ COMMERCIAL Paving ❑ 04A 7• 12 -..-- Soakage Pit Li rL n B 'y ", ■ INDt1STRIAL❑ FENCE I-3 SIGN O A Rooting ❑ _ n 1 (TER Public Works ❑ P '°, Ina,,,,. I10 'w Building p�"" 3 l 7 G�' ' "" 3 25' 6 4. FOR THE FOLLOWING USE AND OCCUPANCY g -- Other ❑ •..5 700 SF $3,800.00 CC Fee 111''- SQ./T,IN. Fr ESTIMATED COST 'TOTAL BLDG 2. • 2 ' Block-up windows r Ft have ii crv,,.t.r VALUE& FE'; -s ° I t 0 I understand that in signing this application,I am responsible for ISSUED 4111 the supervision and completion of the construction in accordance BY...,.. /1111. ' k ‘"-- - \,..J_„;1-i'E Lf - t2--I 7 '.with the plans and spe fications and for compliance with all City. .., Federal,State.and C unty a s applicab / , Aijo Certification is required for finished floor SIGNAIIRF.OF( TRACTOR(QUMiir , R OWNER RI DR rNi.■ U elevation prior to Certificate of Occupancy. c. L' - l Valerie Brown J PRINT NAME CONTRACTOR fQt'A1.IFIER(OR OWNER(WILDER CONTRACTOR'S C:�c1 7 ( NUMBER CGC1513388 1� GERLONDA YOU MANS QUA f-I FI I R'S I VNf"AR BLIC MY CO2d1dISSIGT+ #FF129050 NAME Valerie Brown i EXPIRES Juno 8,2oie QUALIFIER'S ` •NIN TO O% Nom,®U h1U�a U l:?I�X2a�► , 1521 Alton Rd, # 798 1 NO CE�F COl% ADDRESS SO AY RESULT IN YOUR PAYING TWICE FOR CITY Miami Beach, F1 3319 [SEEING IMPROVEMENTS TO YOUR PROPERTY, IF YOU INTEND TO OBTAIN FINANCING,CON- SULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR COMMENCEMENT. ■,-aego 3,,i ,,r,..),..••=-It'' ,.. •4,14, PSOCE Id epol-ed0 ,-.. •-, •,,,,,33,s,..3r1,'1 1V--16.r,H .."44.5rirl-, 1," PGAS gel. 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EXHIBIT „ g „ COMPOSITE RODRIGUEZ & ANGLIN PROFFSSI ON AI DESIGN i' ,,,. 987 North University Drive Lauderhill, Florida 33351 January 02, 2018 Fa,,,�:I 1,1,, 2� `4,4. AW ,uP,:i To: Chief Building Official /Z �` h A +1cYt ��, /, 2 ip City of Opa—Locks 780 Fisherman Street 4th Floor 7° 0 G N N Fin C(.2 0 Opa—Locka, FL 33130 . /7. 4 4,,c E N& , ' L 6 Reference Address: 3699 NW 135 ST V N / o.006 844 Opa—Locka, FL 33054 * * ,* - Reference Title:Final Framing Inspection s°LOR OF L o x'LOR toP c44 Job Address: CLUB 24 \ 3699 NW 135 ST �sS�ONAt \G Opa"--Locka, FL 33054 Folio: 08-2121-000-0030 Dear Chief Building Official: I, L. Hugh Anglin, for the above referenced project hereby can attest to the best of my knowledge, belief and professional judgment those portions of the project outlined above meet the intent of the Florida Building Code and are in substantial accordance with the approved plans. Partitions were constructed of 22 gauge metal studs @ 16" O.C. with 3" drywall on either side. The studs and sheathing were extended to attach to the bottom chords of the roof trusses where the top runner was anchored. the bottom runner was anchored to the existing slab with 1" shot pins. All openings were properly framed out. Raised seating area were constructed of 1x8 joists nailed with 16d nails to 4x4 posts with 1 inch tongue and groove floors. The bar was constructed of 8" plywood on 4x4 posts © 4' O.C., 2x4 were nailed between the posts a nailers fro the plywood. the counter was 1" finished granite. In the club area the floor was covered with carpeting while back of the house was tiled as were the bathroom areas. This report represents an accurate appraisal of the present condition of the building based upon careful evaluation of observed conditions, to the extent reasonably possible. This report should not be construed directly or indirectly as a guarantee for any portion of the structure. Very Truly Yours, f_Nuglti AN.gUAvv L. Hugh Anglin P.E. CARLOS M. RODRIGUEZ P.E. MECMANICAL PLUMBING. ELEO1RICAL&FIRE PROTECTION. L HUGH AMOUR, a, 1 E-► hafNrarsOYah0000m CALL: (305)7*11-4013 FAX (308)222-8865 FAX (064)740-3380 RODRIGUEZ & ANGLIN PROFFSSIUNAI DFSIGN 1-i■%, 1987 North University Drive Lauderhill, Florida 33351 MID12_0 v b January 0.3, 2018 1 To: Chief Building Official I ,- i 1\rl I City of Opa-Locka ,, 780 Fisherman Street Z i 4th Floor Opa-Locks, FL 33130 Reference Address: 3699 NW 135 ST Opa-Locks, FL 33054 )GH AM Reference Title: Final Electrical Inspection `2, 4` it s 0C Job Address: CLUB 24 .,4 ' it 3699 NW 135 ST No.00: 844 Miami, FL 33054 * * * 01-03-18 N STATE OF ir Folio: 08-2121-000-0030 'A O FL OR 1C)% :& AN SS�ONA� �G Dear Chief Building Official: "' I, L. Hugh Anglin, for the above referenced project hereby can attest to the best of my knowledge, belief and professional judgment those portions of the project outlined above meet the intent of the Florida Building Code and are in substantial accordance with the approved plans. I inspected the Electrical Installation and it meets the specifications per plan as approved by City of Opa-Locka. The scope of work included changing light fixtures and relocating outs. No new load was was added and all rewiring involved in relocating the fixtures was in compliance with current code. New Roof Top Units were electrical reconnected from the the Panel AC located on the roof. The restaurant is existing but an inspection indicates compliance with current code. Reconfigured Panels have been supplied with appropriate Panel Schedules. All debris was removed from the premises This report represents an accurate appraisal of the present condition of the building based upon careful evaluation of observed conditions, to the extent reasonably possible, This report should not be construed directly or indirectly as a guarantee for any portion of the structure. Very Truly Yours, L. N14-M.gti3O, L. Hugh Anglin P.E. CARLOS ►A. RODRIGUEZ P.E MECHANICAL.PLUMBING.ELECTRICAL.4 FIRE PRORECRON. L HUGH ANOUN ELECTRICAL DOWER MECHANICAL ENdNEER CELL: (305$10-7322 E-Mau haRwaroOyahoo.eom CALL (305)748-4e13 FAX: (306)222-8855 FAX: (954)749-3380 RODRIQUEZ & ANGLIN PROFESSIONAL DFSIGN 13:1‘ 1987 North University Drive Lauderhill, Florida 33351 January 03, 2018 To: Chief Building Official City of Opa—Locka 780 Fisherman Street 4th Floor Opa—Locka, FL 33130 Reference Address: 3699 NW 135 ST Opa—Locka, FL 33054 Reference Title:Final Mechanical Inspection Job Address: CLUB 24 3699 NW 135 ST Miami, FL 33054 Folio: 08-2121-000-0030 Dear Chief Building Official: I, L. Hugh Anglin, for the above referenced project hereby can attest to the best of my knowledge, belief and professional judgment those portions of the project outlined above meet the intent of the Florida Building Code and are in substantial accordance with the approved plans. I inspected the existing equipment and ductwork prior to and after demolition. It meets the specifications per plan as approved by City of Opa—Locka. Main Ductwork was left in place and branch ductwork either removed or reconfigured. The condensates lines were cut and the unit removed from the curb leaving the curb intact. Inside flex ducts and diffusers were removed leaving main trunk lines. These were examined and any portion showing deficiencies were removed. New Rheem 10 ton rooftop units were then used to replace the existing units while reusing the some curbs. RTUs were strapped to the curb as per the manufacturer's recommendation. Condensate lines were reconnected and run to the nearest scupper. The ductwork for RTU-3 was reconfigured to serve the new space. RTUs 18c2 were modified to installed sidewall directly into the walls of the main ducts. New duct smoke detectors were installed and reconnected to the fire alarm system. All items were installed as per code. All debris was removed from the premises This report represents on accurate appraisal of the present condition of the bui ., ,.Gbidsedl , upon careful evaluation of observed conditions, to the extent reasonably possi, a . report should not be construed directly or indirectly as a guarantee for any o�'•n ( ■ :./�• C 2 structure. ' No.0 6384' Very Truly Yours, * * * 21-1.5-27 ° STATE OF ei L Hwgi4,A .gt �0 p OR p L. Hugh Anglin P.E. 0,9 ESC' CARL OS M. RODRIGUEZ P.E. MECHANICAL.PLUMBING.ELECTRICAL&FIRE PROTECTION. L. II , � DECIMAL ENGINEER MECHANICAL ENGINEER t E-I.1aL hafworsOydroo.00m CALL• (306)74e-4113 FAX: (305)212--8855 FAX: (954)74e-3380 RODRIGUEZ & ANGLIN PROFFSSIONAI DESIGN 1987 North University Drive Lauderhill, Florida 33351 January 03, 2018 To: Chief Building Official City of Opa—Locka 780 Fisherman Street 4th Floor Opa—Locka, FL 33130 Reference Address: 3699 NW 135 ST \>,JGH ANA,. Opa—Locka, FL 33054 , } E s C • Reference Title:Plumbing Final Inspection No.00 3844 * * Job Address: CLUB 24 01.-03-1.8 3699 NW 135 ST 13 STATE Or- Opa—Locka, FL 33054 `L oR i OP \�' Folio: 08-2121-000-0030 ass i.ONA L rG Dear Chief Building Official: I, L. Ilugh Anglin, for the above referenced project hereby can attest to the best of my knowledge, belief and professional judgment those portions of the project outlined above meet the intent of the Florida Building Code and are in substantial accordance with the approved plans. 1 inspected the plumbing installation prior to, during and after construction. It meets the specifications per plan as approved by City of Opa—Locko, New Plumbing fixtures in both Rest Rooms, the new ADA Rest Room and the staff Rest Room were installed. Unused Sanitary lines were cut and plugged. Water lines were cut and capped where they were to be abandoned and temporarily cut valved and capped where they were to be reused. New fixtures were connected to plumbing lines with trict adherence to required clearances. two new tenkless water heaters were installed and connected to water and sanitary lines. New floor drains were installed in restrooms and in the Bar area. All underground work was inspected and approved as complying with code before replacing the concrete slab. The Kitchen is existing with only the addition of a Mop Sink wg=hich was installed as percode. No work was performed on the exterior of the building. All debris was removed from the premises This report represents an accurate appraisal of the present condition of the building based upon careful evaluation of observed conditions, to the extent reasonably possible. This report should not be construed directly or indirectly as a guarantee for any portion of the structure. Very Truly Yours, L Hugh A�gti w L. Hugh Anglin P.E. CARLOS M. RODRIGUEZ P.E. IJECHANMAL,PUJIIRMR ELECTRICAL At FIRE PROTECTION. L HUGH ANGUN 3)ST� E-Mot haRWOr'seyahoe.00m CALL 743 FAX (305)222-0855 FAX (934)749-3380 r, �� f �� 11 2 G Y'� � L ��k, 2� � . d �/ { r..i//J ,,,L t a 0 . 4064- wiz, �7 9 3 80 t" CITY OF OPALOC• A FOR OFFICE USE ONLY BUILDING DEPARTMENT 780 FISHERMAN ST,4TH FLOOR OPA-LOCKA,FL 33054 PERMIT NO. ELECTRICAL PERMIT APPLICATION DATE ISSUED JOB DATA TYPE NO.UNITS FEE CHECK/RECEIPT NO. Residential Wiring(sq.ft.) I All other wiring 1 outlets - JOB ADDRESS lO 99 No/ 3 3s S'(')'1 New motors(HP) AC/refrigeration system MASTER PERMIT NO._ /1__ _ Commercial fixture ,,..:1 ') _.-__.!j 0 S b -""— TAX FOLIO NO.00---di�'l 000 00,36 _ Plugmold track lighting ._ r' r / Generator/Transformer �,, ns, ! , w BUILDING OCCUPIED AS � �r �i-� �t l Strip heater kw ,. NEW CONSTRUCTION.�_ E nSTING ADDITJON __ Single station(Res.Smk.Det) 'G 0,-/ a Ql d f CJ J Electrical(Per Sub Feed) 1)C.4 ZvfGf OWNER_ ' Special outlets(AMPS) P a P/2 (3^74 1 CONTRACTOR ( a-yfro .' -or c, J Commercial equipment(kw) CONTRACTOR'S v' SO 3 M C 1 ADDRESS l C ti-t-Replace/relocate LS- existing AC/ref. tons TELEPHONE NO. 30,s-q-10-a0811 _ Motor replacement (HP) �-- - THIS APPLICATION BECOMES A VALID PERMIT WHEN SIGNED Burglar security systems ;H— BY AN AUTHORIZED REPRESENTATIVE OF THE DIRECTOR, Sound,Fire.TV CITY OF OPA-LOCKA BUILDING DEPARTMENT AND ALL FEES Master Control ARE PAID AND RECEIPT ACKNOWLEDGED IN THE SPACE Devices _ PROVIDED. Burglar alarm APPLICATION IS HEREBY MADE TO OBTAIN A PERMIT TO DO residential pre writing THE WORK AND INSTALLATIONS AS HEREON INDICATED. I Temporary service for CERTIFY THAT NO WORK OR INSTALLATION HAS BEEN construction (amps) - EFFECTED PRIOR TO THE ISSUANCE OF SAID PERMIT AND Specialty wiring for i THAT ALL WORK WILL BE PERFORMED TO MEET THE circus,carnival,fair, STANDARDS OF ALL LAWS REGULATING CONSTRUCTION IN Christmas tree lots ( THE CITY OF OPA-LOCKA. • Swimming pools,spas CERTIFICATION IS REQUIRED FOR FINISHED FLOOR Free standing service ELEVATION PRIOR TO CERTIFICATE OF OCCUPANCY. , (new meter where no Ail building permit) _{ I understand that in signing this application, I am respori u• ,,,grip - Ughting pole(fix,poles) supervision and completion of the construction in accorda m' (separate application plans and specifications and for compliance with all C, J State,and County Laws applicable. ti .. if no building permit) y's n'" includes tennis courts, CONTRACTOR'S NO. C 1& .Y'r.- a 1 parking lot lighting. QUALIFIER'S NAME Vdy rlT _ )'"` '0_+r:►. I. ";', Trailer Srvc.(Res.) QUALIFI R'S ADDRESS c5t ,� _ _ - ! Temp.Const.(amps) CITY__ i 2t _ STATE ZIP 1 •.,.. —1 E F !FIELD IN P CTION) rn o a OTHER e t o ��.L�"', f ti h it-" e s, SIG TUR CO RA TOR(O LIFT R)OR OWNE(' - Et SQUARE FEET I ea 0 / �! ate— "�'< ' n PLEAS 'RINT NAME CONTRACTOR(OUALl ER)OR 0 c:�.A'� •=-:•�' _ , VALUE OF JOB U CO D (� 'r'�r .. ? ' CODE COMPLIA CE FEE 6 Ari-- ' ',"„ b J„ . . TOTAL FEE 2i 9S3 ' 86 ELECTRICAL INSPECTOR/OFFICIAL DATE Y WARNING TO OWNPR:YOU MUST RECORD A NOTICE OF COMMENCEMENT.FALURE TO DO SO r r' (I'MAY REBULT IN YOUR PAYINGTWNOt FOR SEEING TO YOUR PROPERTY.IF YOU '1 f`�INTEND TO OBTAIN FINANCING.CONSULT IMTN YOUR LENDER OR AN ATTORNEY BEFORE 3 RECOILING TOUR COMMENCEMENT. WHITE-File YELLOW-Inspector PINK-Inter-Office GREEN-Finance GOLDENROD-Applicant 11 H ~- vT� O F OPA-L ° C KA .. .. ..x m�1oOw�DEPARTMENT 780 — St. 4th 1:1.r FOR OFFICE USE ONLY ,/J � x' : Vw''x;y� � w no ( m PLUMBING pEwmxmo:. . __ _ ' — - - -- --- TYPE NUMBER FEE DATE, __ _ ___ . RGH. SET -- -----' — � BATH TUB . oxemKwo : _ _ _ _ ��' - - -- - . - -| ---- i -------- - --- - - --- ---- REos�Tmo� ____ ___ - -- - - ' - DISPOSAL . _ --_ - DRINKING FOUNTAIN - TYPE NUMBER FEE FLOOR DRAIN BALANCE FORWARD LAUNDRY WASHER -- - - ' ROOF INLET FIRE STANDPIPE 1- - LAWN SPRINKLER'SYSTEM TEMPORARY WATER CLOSET_ -- - REPAIRS W•ATER-aLagET I TOTAL FEE AIR CONDITIONING UNIT _ FIRE SPRINKLER l• D8 r)12., 2- ,c:' CONTRAC TOR SEWER TAP 0 r) 0 SEPTIC TANK OWNER/AGENT FOR PROPEF-ITY: „, PUMP&ABANDON SEPTIC TANK '' ' PRE7sEN-T OR PRC-POSED•LiSE.61---B1IILDING ......,7 NAT/LP GA'S WATER HEATER AN!) iNSIA1 I Af IONS AS HI FIEON trgr.4cAtElt 1 crew y )I MI NO WOW, 0/. SPACE HEATER/DRYER L Aws prioul ATINC CONSTRUCTION IN CITY 01 (VA 1 0.',KA 1 1,1 C247 HU': COPY rill::)(44' ihr;',I iii f7 IleY BUILDING DEPARTMENT BUILDING PERMIT AND INSPECTION RECORD 0 SINGLE STOP (ALL TRADES) PERMIT A f6 ) / Jj ,pLP o DATE ISSUED: ADDRESS OF JOB 7 LE0AL0 PE a iai• 0,0•d*30 INSPECTIONS APPROVED DATE ROUGH ELECTRICAL,PLUMBING&MECHANICAL DO NOT CALL FOR FRAMING INSPECTION UNTIL APPROVALS HAVE BEEN OWED BELOW. NATURE OF WORK 4h•ia A - Ag ROUGH ELECTRIC PLUMBING TOP OUT OWNER I/ C A, Mrs/ ' VATS PI E 8 3.�r WATER PRE ROUGH HEAT.AIR CONTRACTOR 1 COND.OR RE FRIG _____...–_._.. _.._. } r 11`7 /^/`i0►•Im ;7 ROUGHOAB PIPING INSPECTIONS WO11- '1111611111.1lie ROOF WO / FRAMINNG G AM AND ice` SETBACK d YARDS DO NOT COVER 61 TRENCH&FORMS ABOVE ITEMS UNTIL APPRO ;` -.. r _ /1 REINFORCING STEEL TIN CAP _ �` . CJ O.K.TO POUR "— r _ SOAKAGE PIT FOOTINGS - WELLS DO NOT POUR FOOTINGS UNTIL ABOVE IS APPROVED SEWER,SEPTIC TANK ' RR FINAL(COMMERCIAL ONLY) .� 7 c. HEAT. COONS.TRE- (FGA FIRS INSPECTION CAW 718.7824 ' /"1�„f)" ELECTRICAL GROUNDWORK PLUNGING FINAL GAS GROUNDWORK GAS PIPING r FINAL ELECTRI i 7/� rii ° c✓- - BROIAdDWORK FINAL PLUMBING t 417 I • �sl►A - DO NOT POUR CONCRETE FLOOR SLAB FINALtEAT,AtR OR COVER FIRST FLOOR JOISTS UNTIL COND.OR IFR1a3. ANY WORK LISTED ABOVE IS APPROVED FINAL ROOF FIRST FLOOR SLAB . I PRonuorco nvot ANAL �� DO NO WORK ABOVE FIRST FLOOR UNTIL (G+tiLLnA�aouNrvoeaN) AS BUILT ELEV.SURVEY SUBMITTED IF �� /�F� REQUIRED. INSPECTION ELEV. SURVEY -E TO T'; N - TrT aT . „G FOR INSPECTION: TIE BEAM ____- MASTER BLDG PERMIT• INSPECTORS WILL NOTE BELOW ANY MAJOR ITEMS INSPECTED BUT NOT LISTED ABOVE __a . -- MECH -__MI ELEC Ir '_ / f -.............. PLBG 1IIIIIE 7 O ,I OTHER TRADE PERMIT NUMBER RELEVANT CITY CHARTER & CODE PROVISIONS Sec. 13-8. - Fraudulently obtained licenses void ab initio. Any license obtained under the provisions of this article upon a misrepresentation of a material fact shall be deemed null and void, and the licensee who has thereafter engaged in any business under such license shall be subject to prosecution for doing business without a license, to the same extent and degree as though no such license had ever been issued. (Code 1955, § 14-2.3) Section 3.3.-Powers and Duties of the City Manager. The Manager shall: (1) Be responsible for the appointing, hiring, promoting, supervising and removing of all City employees, except the City Attorney, the City Clerk, and all employees of the Office of the City Attorney and all employees of the Office of the City Clerk. (2) Direct and supervise the administration of all departments and offices but not City boards or committees, unless so directed by the Commission from time to time; (3) Attend Commission meetings and have the right to take part in discussion, but not the right to vote; (4) Ensure that all laws, provisions of this Charter and directives of the Commission, subject to enforcement and/or administration by him/her or by employees subject to his/her direction and supervision, are faithfully executed; (5) Prepare and submit to the Commission a proposed annual budget and capital program; (6) Submit to the Commission and make available to the public an annual report on the finances and administrative activities of the City as of the end of each fiscal year; (7) Prepare such other reports as the Commission may require concerning the operations of City departments, offices, boards and agencies; (8) Keep the Commission fully advised as to the financial condition and future needs of the City and make such recommendations to the Commission concerning the affairs of the City as s/he deems to be in the best interests of the City; (9) Execute contracts and other documents on behalf of the City as authorized by the Commission; (10) Perform such other duties as are specified in this Charter or as may be required by the Commission; and (11) Pursue the collection of all allowable fees and taxes and maximize financial reserves as is necessary to sustain the City and the service levels requested by the citizenry. Periodically compare fee structure to similarly sized municipalities to ensure fair and appropriate pricing. (Res. No. 12-8434, § 2, 7-18-12) Sec. 13-32. -Authorized. The city manager shall have the authority to refuse the issuance of or revoke any license or permit issued as authorized by this Code. (Code 1955, § 14-6) Sec. 13-33. -Grounds. The refusal to issue, or revocation, of a license or permit shall be based upon one or more of the following grounds: (a) That the application for license or permit contains a fraudulent statement or misrepresentation; (b) That in the course of carrying on the activity licensed or permitted,fraud, misrepresentation or unethical business practices are carried on or permitted to occur by the holder of said permit or license; (c) That the holder of said permit or license has been convicted of any crime or misdemeanor involving moral turpitude; (d) That the activity licensed or permitted is conducted in an unlawful manner, or in a manner which constitutes a breach of the peace or a menace to the health, safety or general welfare of the city. (e) That the activity licensed or regulated fails to comply with this Code in respect to required parking spaces or has lost the right to use other lots or parcels of land in connection with the principal business use. (f) That the activity licensed or regulated fails to comply with the provisions of this Code relating thereto. (g) That the activity licensed or regulated fails to deposit the necessary and proper monies required by the applicable ordinances for the extension of city utilities including water, sewage, trash and garbage collection, or fails to maintain said deposits, or fails to pay the applicable fees and charges for said services, or otherwise fails to comply with the provisions of this Code relating thereto. (h) That apartments, motels, hotels and rooming houses licensed or sought to be licensed fails to meet the requirements of chapter 7, article II of this Code of Ordinances, known as the Minimum Housing Standard Ordinance, and the provisions of Ordinance 63-30 of Metropolitan Dade County known as Minimum Housing Standard Ordinance, Chapter 17, Article I of the Dade County Code, as well as all other regulatory ordinances applicable to said businesses. (Code 1955, § 14-6) • Sec. 13.33. -Grounds. The refusal to issue, or revocation, of a license or permit shall he based upon one or more of the following grounds: (a) That the application for license or permit contains a fraudulent statement or misrepresentation; (b) That in the course of carrying on the activity licensed or permitted, fraud, misrepresentation or unethical business practices are carried on or permitted to occur by the holder of said permit or license; (c) That the holder of said permit or license has been convicted of any crime or misdemeanor involving moral turpitude; (d) That the activity licensed or permitted is conducted in an unlawful manner, or in a manner which constitutes a breach of the peace or a menace to the health, safety or general welfare of the city. (e) That the activity licensed or regulated fails to comply with this Code in respect to required parking spaces or has lost the right to use other lots or parcels of land in connection with the principal business use. (f) That the activity licensed or regulated fails to comply with the provisions of this Code relating thereto. (g) That the activity licensed or regulated fails to deposit the necessary and proper monies required by the applicable ordinances for the extension of city utilities including water, sewage, trash and garbage collection, or fails to maintain said deposits, or fails to pay the applicable fees and charges for said services, or otherwise fails to comply with the provisions of this Code relating thereto. (h) That apartments, motels, hotels and rooming houses licensed or sought to be licensed fails to meet the requirements of chapter 7, article II of this Code of Ordinances, known as the Minimum Housing Standard Ordinance, and the provisions of Ordinance 63-30 of Metropolitan Dade County known as Minimum Housing Standard Ordinance, Chapter 7 Article I of the Dade County Code, as well as all other regulatory ordinances applicable to said businesses. (Code 1955, § 14-6) Sec. 13-34. - Notice; denial or revocation. Notice of public hearing for denial or revocation of a license or permit shall be given in writing to the holder thereof, setting forth the grounds alleged for denial or revocation, and designating a time and place for a public hearing. Notice shall be mailed to the licensee or permittee at the last known address at least five (5) days prior to the date of hearing, (Code 1955, § 14-6) Sec.4-17.-Total or partial nudity and sexual conduct prohibited. (a) It shall be unlawful for any person maintaining, owning, managing or operating an alcoholic beverage establishment to knowingly, or with reason to know, suffer or permit total or partial nudity or sexual conduct to occur on the premises of that alcoholic beverage establishment. (b) It shall be unlawful for any person, while on the premises of an alcoholic beverage establishment, to expose to public view those portions of his or her anatomy, defined herein as total or partial nudity, or engage in any sexual conduct. (c) It shall be unlawful for any person maintaining, owning, managing or operating an alcoholic beverage establishment to knowingly, or with reason to know, suffer or permit the exposition of any graphic representation to public view, including photographs, videotapes or film projection, which depicts total or partial nudity or sexual conduct. (Ord. No. 90-6, § 2, 3-28-90) T off <? fie l.i.l,i V�ILueuujca, 11 • /.1 Ed Brown qN �� Telephone: (305)953-2821 1xt.1202 pgATE City Manager - - (,mail: tbrowm@opalockafl.t;ov MEMORANDUM To: Mayor Myra L. Taylor Vice Mayor Joseph L. Kelley Commissioner Timothy Holmes Commissioner Matthew I'igatt Commissioner John Riley From: Ed Brown, City Manager • Date: March 7,2018 Re: Report on Klub 24 First and foremost B&G Opa Holdings LLC d/b/a Klub 24 was issued a license in Januaty 2017 from a previous City Manager,that had various approval levels in the chain of procedures and protocols that involved the Community Development Director, Zoning Official, Building/License Director and subsequently the City Attorney. All of these top level professional from the City of Opa-locka engaged Mr. Dean the representative from 13&G Opa Holdings. They had some degree of knowledge and involvement in the chain of events that led to this business obtaining a license to operate and certificate of use to position this establishment at its current address 3699 NW 135th Street.As of this date,March 5, 2018 none of the individual's beforementioned have come forth with any finite details or useful information on how the occupational license and certificate of use were obtained to operate this business. The City Attorney issued two (2) legal opinions on Klub 24 and I have opposing points of view for them both.The legal opinion written on February 12, 2018 was erroneous for several reasons: 1. The Zoning Code Sec.4-17 that prohibited Total or Partial nudity and Sexual Conduct was no longer in effect and had been replaced. In 2015 a new code 22-136, Land Development Regulations for Adult Entertainment Establishments went into effect, thus making it legal for rompctit ive commercial exploitation of nudity and semi-nudity entertainment to he permitted in I-2 and I-3 Districts, Klub 24 is located in the 1-2 District. 2. The Zoning Code 4.5 Hours for nightclubs is a failed argument for two(2)reasons.First Club 24 was given a license for"Other Club" which was defined in a letter from the Building Clerk on January 5, 2017, that license#990008920 approved usage for a playhouse,bar,tavern and adult entertainment. So it can be reasonably assumed that this establishment is not a night club in the traditional sense, therefore from the license issued this code does not apply. Secondly, Ordinance 16-15 that was passed on.October 26,2016 it amended Chapter 4 Article 1 Section 4.3 repealed and deleted all references to the hours for sale of alcohol within City limits. Basically it clearly states that alcohol can be sold 24 hours a day. 3. Miami-Dade County Fired Department issued a one (1) year permit on May 31, 2017 that expired on May 31,2018.There is also additional documentation issued on April 13,2017 that illustrated the inspection was approved.The City Attorney made reference to a statement made by Fire Inspector Christopher Stennett that Klub 24 was inspected as a restaurant, but no documentation was presented to verify his assertion.The inspection report did not specify the type of business that was inspected, 4. On June 26,2017 a Zoning Verification form was submitted and reviewed August 3,2017 can be considered irrelevant because the Occupational License and Certificate of Use had already been issued in January 2017. for Other Club which was previously defined. The legal opinion written by the City Attorney on February 28, 2018 was misleading on the applicable powers of the City Manager to revoke a license. During the February 12, 2018 meeting the Attorney read into the record that the grounds to revoke Klub 24's occupational license according to the code did not exist. He reiterated that there was no misrepresentation, fraudulent statement, fraud or crime that had been committed by representatives of this establishment. 5. In reference to Article I Section 13-8 Fraudulently Obtained Licenses Void Ab lnitio, the Attorney's statement clearly rules this out as a viable remedy.In accordance to this code I(City Manager)would have to prove that willful conduct was used by the proprietors of Klub 24 to misrepresent the material facts are without validity for me to enforce or imply. I was not the City Manager two (2) years ago when this license was issued. What is more problematic for Void AB Inito to be substantiated I would have to prove that the City of Opa-locka was forced to issue the license. If the proprietors of Klub 24 had opened their establishment without the License,Certificate of Use or a TCO then that would be willful and malicious intent to defraud the process and would subject them prosecution and revocation of their license. This did not occur. In conclusion culpable negligence on behalf of the City is a strong stance for Klub 24 in defense of any adverse action that maybe taken to stop this business from operating. The Community Development Director, Zoning Official, Building Official and the City Attorney had multiple opportunities to alert the City Commission during the 2 year period since this license was issued if they felt something illegal had transpired.To mount a challenge at this juncture with the multiplicity of factors that show deficiencies in this process would on the face of the complaint make it ripe for a potent lawsuit to be filed against the City. Furthermore our argument is impacted substantially because those entrusted with following the established process failed to do so. There are two (2)outstanding fronts that we have to battle on one is legal and the other is from a business perspective.The City can move forward and enter into litigation but it's going to be costly and we run the risk of having to pay them is we are defeated in this case. With all due respect the legal and administrative grounds and staff's ability to prevent this establishment from opening should have been rigorously challenged two(2) years ago prior to a 2JPage license being issued. After reading through all of the correspondence on this issue nobody could answer or tried to answer the proverbial question as to how B&G Opa Holding LLC d/b/a Klub 24 obtained the license.There was a City Manager(s)in place during this entire ordeal and the same opinions and inferences were available then Why is all the administrative posturing so important now in terms of the course of action I should take being suggested by the City Attorney and Commissioner Pipit.In all actuality and fairness my recommendation to the Commission since it is painfully clear that the Attorney,Community Development Director,Zoning Official and the Building Official should be assembled to conduct an investigation to determine if this ground for revoking Klub 24's license can be substantiated. The main issue of fact here is that a special exception needed to be affirmatively recommended by the Planning Council with the approval ultimately granted by the City Commission.Again I must reiterate who's responsibility was it to assure that this process was followed and who gave permission to issue the license and certificate of use?Once the license and certificate of use were issued the process incorporating the Planning Council and the City Commission became moot.To avoid costly litigation and public scrutiny the City of Opa-locka should move on from this matter and accept responsibility for issuing the License and Certificate of Use. END OF MEMORANDUM Wage 0Q Pci `°p, City of Opa-Locka Office of the City Attorney (305)688-4611 780 Fisherman Street,4th Floor,Opa-Locka,Florida 33054 Vincent T. Brown City Attorney MEMORANDUM TO: Mayor and City Commission Ed Brown, City Manager William Green,Assistant City Manager FROM: Vincent T. Brown, City Attorney DATE: March 14, 2018 RE: B& G Opa Holding,LLC d/b/a Opa Club a/k/a and d/b/a Klub 24 This shall serve as a response to the City Manager's response to the opinions issues on February 12 and 28, 2018 regarding the above-referenced matter. From a very simple historical perspective: 1. On December 16,2015,Interim City Manager David Chiverton,issued a letter to Eddie Dean of B& G Holding advising him that approval was required by the Planning and Zoning Board and City Commission for his business to be in full compliance with City Zoning Regulations. Exhibit "A" (This was a part of the Exhibit "C"composite of my February 12,2018 opinion). By this letter, Mr.Dean and B&G Holding were notified of the requirements for an adult entertainment business in the City of Opa-Locka. 2. On November 7,2016, Gregory Gay, Director of Planning and Community Development,issued a letter to Eddie Dean advising that approval was required by the Planning and Zoning Board and City Commission for his business to be in compliance. Exhibit"B" (This is was a part the Exhibit"C" composite of my February 12,2018 opinion). By this letter,Mr.Dean was again notified as to what was required to have a fully compliant adult entertainment business in the City of Opa-locka. 3. On January 4,2017,Mr. Dean submitted an application* for an occupational license which had the words"adult entertainment"struck through. Exhibit"C".Notated on this application were the words "applicant must obtain PC (Planning Council) & CC (City Commission) approval for "adult entertainment." *Mr.Dean is listed as the owner in this notarized document.Exhibit"C".However,a review of the State of Florida application for a liquor license, does not list Mr. Dean as an owner. Exhibit "D" This may be a fraudulent statement or misrepresentation made in obtaining a license in violation of Article I Section 13-8 Fraudulently Obtained License Void Ab Initio. City Hall • 780 Fisherman Street,4th Floor, Opa-locka, Florida 33054 • (305) 688-4611 AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP 4. Also, on January 4, 2017, Mr. Dean submitted an application for a certificate of use and zoning verification. Exhibit"E".Notated also on this application are the words"applicant must obtain PC (Planning Council)&CC (City Commission)approval for"adult entertainment." 5. On January 4, 2017, a Certificate of Use (Lic. #: 990008921) and an Occupational License (Lic.#: 990008920)were issued. Exhibit"F". The certificate of use does not list the permitted uses while the occupational license indicates"other club"as the business type. Both failed to list the allowed approvals as set forth in Exhibit"G"below. 6. On January 5, 2016 or 2017,License Clerk, Olga Pachardo issued a letter to B & G Holding, LLC, advising it of the approved uses one day after the licenses are issued. Exhibit"G". What was the purpose of this letter if there was a valid license and certificate of use? 7. On January 6,2017,Gregory Gay,Director of Planning and Community Development,again issued a letter to Eddie Dean advising him that approval by the Planning and Zoning Board and City Commission was required for adult businesses. Exhibit "H" (This is was a part Exhibit "C" composite of my February 12,2018 opinion).By this letter,Mr. Dean was again notified as to the requirements for an adult entertainment business in the City of Opa-Locka. 8. On May 16, 2017, exterior alterations plans were submitted. "Exhibit I". 9. On June 26, 2017, Mr. Dean submitted a second zoning verification form, and on August 3, 2017, staff responded and advised that "adult entertainment requires approval of the City Commission in the 1-2 zoning dist." Exhibit "J" 10. On July 3, 2017, Gregory Gay, Director of Planning and Community Development, issued another letter to Eddie Dean advising him advising him that approval by the Planning and Zoning Board and City Commission was required for adult businesses. Exhibit"K" (This is was a part Exhibit "C" composite of my February 12, 2018 opinion. By this letter, Mr. Dean was again notified as to the requirements for an adult entertainment business in the City of Opa-Locka. 11. On February 8,2018,Mr.Stennett of the Miami Dade Fire Department advised that the establishment was inspected as a restaurant. Exhibit "L". The City Manager's reference in point 5 of memo is clearly erroneous.' 12. At the February 28, 2018 City Commission meeting, at 29:30-37, Mr. Dean stated "we bought a business and we are bringing two more restaurants to the City. 13. On March 5, 2018, Homer Whitaker, of the Miami-Dade Water and Sewer Department, started an inquiry as to whether there should be an enforcement action by DERM for "change of use from defunct restaurant(Crabby's)to 5000sf cabaret lounge Exhibit"M". t Please note this exhibit was not part of my February 12,2018 opinion. 2 I will now address each of the City Manager relevant arguments individually: POINT 1: I will presume that the City Manager is conceding this point because a special exception is required for nudity to be permitted in an I-2 zoning district. POINT 2: There is no such designation for"other clubs"in the City's land development code.Moreover,"other club"doesn't necessarily mean"adult entertainment." POINT 3: See Exhibit"L" POINT 4: The City Manager misrepresents what I said. I said that I don't have any evidence of misrepresentation or fraud,and I didn't say that fraud or misrepresentation did not occur. There is a distinction.See historical point#3 above. POINT 5: Nothing in any of my opinions rule out Article I Section 13-8 Fraudulently Obtained Licenses Void Ab Initio.See historical point#3 above. In closing: (A)Contrary to the City Manager's contention, nothing stated above remotely suggests that there was culpable negligence on behalf of the City or its staff. However,the facts are what they are,and the documents and timeline speak for themselves. (B)The City Manager clearly misinterprets the basis of my two opinions. Nothing in those opinions addressed Ordinance 16-15,which addresses stores that sell alcohol not nightclubs. (C)Why would the Interim City Manager,Planning and Zoning staff advise Mr. Dean on December 16, 2015,January 6,2017 and July 3,2017 as to unaddressed requirements,if they had already approved the use for"adult entertainment?" (D)How can an occupational license and certificate of use be issued on January 4,2017 and a letter from the licensing clerk be issued on January 5,2017,for an"adult entertainment"business,when Planning and Community Development clearly delineated the requirements for such use on a January 4,2017 application? See Exhibits"E-G". (E)Why would Mr.Dean submit a second zoning verification application on June 6,2017,if he believed that he had a valid certificate of use for"adult entertainment?" (F) As a contractor, why had Mr. Dean never requested an inspection as a nightclub /"adult entertainment"if he believed he had a valid certificate of use for it? 3 (G) The signatures on Exhibits "F" and"G" look questionable at best. Again,I strongly urge that the appropriate fire safety inspections be conducted immediately to insure compliance with NFPA standards for its current use, and not as a restaurant as it was previously inspected. The conclusion in my prior opinions remains unchanged. END OF MEMORANDUM 4 EXHIBIT „ • PI" 4 o David Chiverton ; Telephone: (305)953-2821 Ext.1202 Interim City Manager ° °Y` Fax: (305)953-2870 Email: Lich 1vereo;ao atockatl.au• December 16,2015 B&G Holdings,Incorporated Attention:Mr. Eddie Dean Dear Mr.Dean: It was a pleasure meeting with you regarding your desire to open an establishment with the City of Opa- locka,Florida. I understand that you and your partner(s) vision include a nightclub that could be inclusive of adult entertainment.Please understand that we welcome new business in the City.However,all new business ventures require a process in order to ascertain a Business and Occupational License.The applic ion processes include a presentation before the Planning and Zoning Board and their recommendation is forwarded to appmv Once you and your partners identify a location that complies with all applicable City Zoning Regulations;the process of review begins. Thank you for your interest in investing in our City we await your application for consideration. Sincerely, David hiverton, Interim City Manager C: Vincent Brown,City Attorney_The Brown Law Group Gregory Gay,Director of Community Development&Planning *** END *** City Hall • 780 Fisherman Street,4th Floor,Opa-locka,Florida 33054 • (305)688-4611 AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANnTeAP EXHIBIT « B„ . . -r �ri� as t_ P'• November 7,2016 Mr.Eddie Dean Crabby's Restaurant and Retail Space 3615-3699 NW 135th Street, Opa-locka,FL 33054 RE: Adult Business Use and Bar,Tavern,and Lounge Use Mr.Dean, Thank you for supporting the City of Opa-locka by bring a new businesses to the property you and your investors recently purchased. The property you acquired is located at the north east corner of NW 135 Street and the LeJeune-Douglas Connector. This letter is to provide you with a summary of what we have discussed and determine if the business uses you are proposing at this location is allowed,the requirements and conditions necessary for this use to be allowed,and a specific timeline for addressing these issues of concern. The Planning & Community Development Department recently met you several time over the past 60-days as the new leasee of the property located at 3615-3699 NW 135th Street. This property is a 9-bay retail/restaurant building which is approximately 14,000SF structure on a 60,000 SF lot with 49 parking spaces. The property is zoned 1-2 Industrial Planned with a MXUOD-Mixed Use Overlay District, and the land use for this property is Commercial. The Leasee seeks to use the former Crabby's Restaurant space which approximate 5,000SF as a lounge with an adult business. This space was previously used as a restaurant with a full bar liquor license operation. The Leasee seeks to continue the'restaurant operation in addition to offering the lounge and adult business operation. However, there are several issues that need to be address. The former restaurant has not been in operation for at least three years. Our new LDR requires that for properties in the MXUOD, all bars, lounges and taverns use must go through a Special Exception process, and properties in the I-2,all adult businesses must also go through the Special Exception process. This Special Exception process requires the property owner and/or leasee to present this new business use to the Planning Council for recommendation and City Commission for consideration. Additionally, properties where liquor will be sold for onsite and offsite consumption,must be 1000 ft from residential,places of worship, schools and public parks. Under these stipulations, there are some concerns regarding the distance this property is from a charter school operation located at 3400 NW 135th Street and the residential units [Barracks] located on Ali Baba Avenue and Sharar [adjacent to the truck parking site]. According to our research, this property is within the 1000 ft distance requirement for both the charter school and the residential development. This will require a variance for the LDR/Zoning Code and City Code regarding distance requirement for places selling alcoholic beverages and restriction on the hours of operation. As for the adult business, a Special Exception will be required to determine if the adult business proposed would be allowed under certain conditions. Based on the uses proposed, parking requirement will also need to be addressed which includes creating a shared parking plan and restriction on the hours of operation. This is going to be the first true test for the new LDR/Zoning Code. If you have any questions or concerns,please advise. z;. We look forward to doing business with you in an appropriate and professional manner and we are willing to assist you in resolving this matter. If you have any questions, please contact a member of my staff at 305-953-2868 x-1503. Thank you for helping us make our City Great! Sincerely, Gregory D.Gay,Director cc. Yvette Harrell,City Manager . Vincent Brown,City Attorney Joanna Flores,City Clerk Gerald Lee,Zoning Official/Planner • .k..x"��...:xw. r�, —3�.4:�w :ur, u:a-c^:u�?s��za�:.r:•.c.,.3sz,.,,.e:rs�.,.c....m..;r,w ._... .�.._.,,...,..;....,__uu...�:.. .__.. ..�.....,.>., ,. . ..r..,.::.. ..::f..,u..,. .. Kinshannta Hall From: Gerald J.Lee Sent: Monday,November 07,2016 7:06 PM To: Gregory Gay Cc: Kinshannta Hall Subject: FIN:Letter-Eddie Dean Zoning Letter-Crabby's Restaurant 11-7-16 Attachments: Letter-Eddie Dean Zoning Process Letter-Crabbys Restaurant 11-7-16.doc Mr.Gay, Well said. As discussed I will submit this letter with the BTR/COU application on Tuesday. Sincerely, Gerald 1.Lee, Planner/Zoning Official Planning.&Community Development Dept. OPA-TI SHA-WO CKA-LOCKA The GREAT JTY 780 Fisherman Street I Opa-locka,FL 33054 C:305-807-8545 P:305 953-2868 X-1502 F:305-953-3060 gleegOopalockafl.eov www.opalockafl.gov Under Florida law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public-records request do not send electronic maN to this entity.Instead,contact this office by phone or in writing. From:Gregory Gay Sent: Monday, November 07, 2016 6:41 PM To: Gerald 3. Lee Cc: Kinshannta Hall Subject: Letter-Eddie Dean Zoning Letter-Crabty's Restaurant 11-7-16 Please review and provide input. Your services are greatly appreciated. Pfieut {I- ict.a,Sistialarti Gregory D.Gay, Director Planning&Community Development Department rswse�.>a... vA+.as.wwr;x�..... 1 EXHIBIT licl1 : . ' • CITY OF OPA•LOCKA OCCLIPATIOI�tAE.LICENSE APPLICATION �i- 6K��t I/, � "` t �� 4s �f i ' A; Streeet4 Moor Cede Lapeer ISM p c4,,,.6 'it` ., "-,n^ 0143054 Cede Compliance MOO `144.' 0�Ent.16021 1603 Mechanical 1 `',`�`� -y ''985.953.289'1 1 Y• SUB TOTAL: gi84.�� .4 7, 41 Y -", .. _ ZOFIPI+C>xs a�.{ I— Masse Fee +D s $ il! .' YTV. JF• GV'^ , O?1Q'-�.�'+�-'� rV•y'1F7�7r'��rsb'1 ''' - 1, 1 too f1 1 ""1. 1 -1 OA r v ..'"");4`1,,A="', BUSINESS NAME(IN et ■. 0!�.y AM? •, _ . , r BUSINESS ADDRESS: "eiLli East. I a. a BUSINESS :t • -,' Z218`? 11GA I.Y.arl` *x - SOC�TS�7RI SECURITY •�:Z' as ,i::• , TYPE OF APPLICATION:NEW( )TRANSFER OF OWNER( )RENEWAL( )NAB CHANCE()ADDRESS CHANCE()SPECIAL()- 4 r R)RM OF BUSHES&INDIVIDUAL()PARTNERSHIP( )CORPORATION( )OTHER( ) • ei NUMBER OF EMPLOYEES: .- d E� BUSINESS OWNER(S) NAME(S). :4 :1• •; :NUMBER ): A � .i r� ___ in...0.,' ! DATE OF BIRTH: 0 DRIVER'S LEENSE NUMBER&STATE 4.' •li WILL MAILING ADDRESS(LICENSE RENEWAL NOTICE LL BEMAILED TO THIS ADDRESS):- Q y og u REQUEST FOR RXEMPTION OF OCCUPATIONAL LICENSE FEB(ATTACH SUPPORTING DOCUMENT) U U A ,Id9NPROFIT()CHARITABLE( )OVER 64 YEARS OF ACE() • • DECLARATION OF 1NTItf I, ,k" ei 4 _` < 1.-)e N 7 -k. ,hereby strum that I Int nd to usethepremises as outlined cc the C panel License Application solEly for the purpose of .-- r _ _ tor 7 andRrao.�.. , . . / I,hereby certify that the i foatatien given is complete and acxurase. I=demand that mskig false or fraudulent smements PST, ,r odd of the Occupational License. I finer aetnawledge that the City shall not be held maponable fir any wort thatwe may have dote on the premises primes obtaining the required permits for all alterations,remodeling,repairs,electrical work,plumbing wok,signs,etc,1 agree to opisate within City and Stale laws and will notify the City deny changes,as well as closing of this business. Upon signing this application,I hereby authorize the CSty of Op-Locks to run a police badcgrousd check on any individual(s)associated with this business and/or business Location as well as Code Compliance Division,Miand-Dade Fire Department and Btdidieg Department site iaspectioos. .. / 0 / / !'x4 3ATURE ANB TiTL B DATE SIGNATURE AND TITLE DATE SWORN TO AND SUBSCRIBED BEFORE ME THIS. +� DAY OF-I(2.fl LA ,20[T._. J iI L• AA • AR, PUBLi ,STATE OF FLORIDA MY CO MMISSION IT IS THE BUSINESS OWNER'S RFPSOITS BILITY TO PROVIDE COPIES. WE DO NO MAKE COPIES OF YOUR DOCUMENTS. E nr�tt r °°` BARBARA ROBINSON O 1 j /Z7V/7 MY COid}N}SS[�!d FF}45085 EXNRES:July 27 20t8 74s.4041/ r.43Poaaie+•ca,., .nwe: ,a EXHIBIT apt? ti -5 O 5 0 --s a . . IP.o_1 le.0.4 i'e7 q A/I.f ii0f6 r 0733.W/ , _ , .10-.17*0/741114 , • . DIVISION OF ALCHOLIC BEVERAGES AND TOBACI CO - APPUCA * •• '-,*. 1 ,.: , eI ' APPUCANTS IIAME• .411, r - .-"!.. ...:04L......;‘...,‘„,,m ' [ MEUSE MISER.F APPUCABIEz ....- of If e .,'" .• i' : 1 APPUCATION SERIES; A APPLICATION TYPE pew,Truverve.....p ,,,c.V._ kg i Kfr_AMIPP 1; 1. AV. LEGAL ENTITY ACME WITH THE DIVISION OF••• - -l• - TION4: i- 1 : 2. IF OTHER THAN A"NEW*LICENSE VERIFY F CURR:7 AND AttIVE i t.• • 3. tr RELATED PARTY PERSONAL secounos OWNED;renun ‘i;OR CURRENT LICENSEE UDATED DATA SHEET 1 1 I 4. ,DEIPOSMON.F APPLICABLE I 1 5. 1,0/'FEIGERPTUNT REcorron 400ss,0091-I/ , ; , r" 0/902 VZP 914. +,Pdf 42-VG. 6. 1/ 'SKETCH OF PREMISES TORE LICENSED i / •:-. ' 1 T. 1, CURRENT APPLICATION APPROVALS.WREN AFFIX.fax( ow* SALES TAX,IMAM.) I .1.• ! . 1 • 1 8. te.../".--SPECIAL.LICENSE REQUIRENENTS DETIALED AND DATED(APPLICABLE , 1 FOR QUOTA,SPECIAL,AND CLUB LICENSES) 1 I I ,, • IL 1./...'-eDISCLOSURE OF INTERESTED PARTIES 1 10. 1./.. .LFIDAVITS ARE memo AND PROPERLY NOTARREi) 1 11. 1,...--"--PROPERLY EXECUTED LEASE OR DEED.IN THE ramp OF TIMLBGAL ENTITY APPLYING FOR WIE UCENSE 1 i 1 . : t 1 12. OTHER SUPPORTING DOCUMENTS,mei APPUCABLE, : ! MANAGEMENT AGREMENT;FRANCISSE t -•-4.,-1 '- • SERVICE AGREENENT;MUST AORWMTEXT• •* 4'!OF A • JUDICIAL ORDER;CLUB BY LAWS&ARTICLES OF '••••• . . -•- • FOR 1 CLUB LICENSES,ONLY),ETC. I 1 I 13. FOR A QUOTA TRANSFER ONLY;TRANSFER FEE COI)FUTATIOXFDRIA AND DOCUMENTATION OF GROSS SALES FOR THE PAST 3$MONTHS 15 . 7;9DST AND NTALED B H a_ r. a_. ! COMMENT& .4 , : i 7 . . .. . . - i i : + r; I REVIEWER'S NAME a'7,,- , I 1 . .. • ... . • I; _ i 1. . I : r i; 1 ..-I : ,. ■ • iiiimmoniam OW i DBPR ABT-6014—Division of Alcoholic Beverages and Tobacco Change of Locate •nlcltange In Series or Type Application STATE OF FLORIDA pilfpR DEPARTMENT OF BUSINESS AND REt3ULATIO$� Form NOTE—This form must be as p of an application i 07/3012012 if you have any questions or need assistance in completing Mis apprication,pia=contact the Deperbnent of Business and Professional Reputa A n or your load distutcf offick Please' !t your 0omiafeted application to your local diatdat office. This application may be skabtted by irtal;through appointment cult Can be dropped oil A DistrlC!Office Atitf►esa and Contact trifanrnation Sheet cart be found on ABSTa page of the DBPR web ale at the link pmvided below. + .1 SECTION 1-CHECK TRANSACTION REQUESTEr Transaction ea: I Change of Location 011 Increase in Series ( 4, Also in Series 0 Decrease in Series , include: IChange of of Business Name 0 Retail Tobacco Products(must chddc'one or more) Corporate Name 0 Over the Counter Vending Machine Do you wish to purchase a Temporary License?® Yes ❑ No 1 Series Requested 4-COP 1 Typs Class Requested I , , SECTION 2-LICENSE INFORMATION I the applicant is a Corporation or other legal entity,enter the name and the doe number as registered with the Florida Department of State Division of Corporations on the line below. Fug Marne of Licensee:(This is the name the license is issued in) of State document 0 MG OPA HOLDINGS,INC. P15000397020 ;. FEW Number Business Telephone Number et-45051136 { ext: R Current Business Name(1145/A)CLU /A) Current License II Series 1 Type/Class B 24 CABARET 23-01134 I 4-COP New Business Name(DMA),if applicable 1 KLUB 24 CABARET 1 Location Address and Number) ; 38y99 NW 195 STREET State 'Zip COde ' County(WA LOCKA ADE ,kL Check either. 1 . . ® Location is within the city limas or❑ loin is in the unincorporated county PAT PATRICIA BUR r 3 ext II: E Address(Optional) i pat p tbur h e[co n 5 SW t9$5 P.O.Box) f City Ptentalion State I +t Code i Al t7 (. :i rs ne- Al3T District Office Received 1 Date Wimp i DEC 19:2Ot7 oe+Wilcatlak ee,a Tapsepp Aurh.HA.1.92o s etAS.setz',FAC 1 1 EfF 7/30/12 I 11111111111.111111111.1111111 111111111 i. IIPIIIIIIIIIIIIIIIIIIIIIIP--AIIIIIIIIIII 1 I . ulieweiD t . 11111CTION 3–DESCRIPT1ON OF PREMISS I• . 1 1 i SiNinses NerlsA84r) • . . ,. • KLUB 24 I .. Sheet Address I . . seee NW led STREET i — C&A LOMA UZDADE late Furs .....• 1. Yes D No III lis the proposed premises movable or, le to NS nosed? 2. Yes 0 No SI is there any access through the premises to any area over which . . You do not have dominion and conbot? & Neatly draw a floor plan artful penises in ink Including sidewalks end other oubskts)areas which are contiguous to the premises,wells,doors,counters,sales areas,storatglarr tosbooms,bar locations and any other specific areas which are part of the prernises to be licensed. A multi- , , , gory building where tie endre bullidng Is to be doensed must show eich floor pish. I I ' • i i 711:114.7. i. I III' 1 1 I , I ' I I I , , 1 i : , ■ i I ! , . . . . • I 1 . , Amok 1 1 , , • ■ . • 1 sub.ssAtoas&41A4A017,FIG 2 r Eff.7/30112 1 I 1 . . I . r,• - H ! i ! , ! . ft . : - lkik\. I .. • ..tilk i N 1 — ; CI 1 ili■,.71 Tig I■ IL,. tri) ii, kil4 lb, A rti It 1 1 ■ 1 0 , kli,\ Si A . . 1.., 11 2. A 4 . ..0.0 -LC - h • ' al ..... 0 il INIUMNIIIIIM ail it. 0 •, : ,., 0 S . v,, I . . ; . , . i r 3 ; N 0 1 j arriggalit 3 , .. g . 0 NI Ilicri: . a Lil ' Mill itr i o.. • perm I% . Ill i it '' 1111 Eli '..117 i '---illitljAIO_ ...,.,, 1 ,1 0161 ''' ,IlY L I ' 11 rilialle ir; E I 4 i 4 g 0 . 0 0 , , ,, 0 ......„ . . ir . . —IS. _ k - , . ' Pi 0 , V t 1 . _ 11‘ - 0 r t ' ! ,•cii ,e 1 1 : q _ 01.. g,-.;'; , -... 4.4...!, ° _ 12 - 0 ! .::. . , . - a Als . c , r immiimmiumm 1.11111 ppIIIIIIIIIIIIIIIIIIIIIL_IllIllIl Hm INC. --APPUCAT in • KLUB comARET Sheet Address 3899 NW 135 STREET •"A LQCKr+► �Illt�� Staff n. Zip Code . A. The location complete zoning for the sale of aloholic beverages or wholesale P+ t premises to be lensed and are i contiguous premises, wwhiaf!are be part of the • � 0 No SOW t Ties t,` SALE8 TAX The named apple:ant To Be COMPUTED BY THE DEPART/MINT CW REVISMUE fora�ne has with the Florida Statutes I. Sales a and Use Tex.to a4rlaerrdng;�for �t the current ovmer as named in this application has Red al returns and that al • outstanding bangs and returns appear to have baert • or they has been P�through the _„�•agreed to be pstd F.S.(the- •40.y1.. does not i 2. ToonsihAs a aerates!,ash br Section 212tR(i), (� ��, . . _ involved). Ainohaic - •with 'f•` • itor. Sala and Use Tax and , ' . due. Honda Statutes- 40101144A- w of t �r r. —2 iar - - ..,.?' :t � l Data /j; - /.?_/2 drn Tttle / Department Revenue Stamp 3Dm 6 3 <m a- 3 i +w �� us n t ,. 4 ^ T TO BE�LETED BY TtdE HEALTH fJR tAlJiifi'Y � AND •'-: /ItARAtlttS //��•�� OR DEP PART ENT OF HEALTH The above a hment compiles . 'the reQuilamente _ j ..2,,,i.,::::. • Signed At.-i 4, .. .S• -,.'L .A i s N. i t27 / « • +. •I� Tile t semi ..`ir Agency /` • �,• AIM.elA4420 i eraa as i MC 3 EA rtl0MMZ _iiiiiiim IIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIILIIIIIIII I . i i SECTION y 0111CLt OF BITBRS ED PAS I I Note: Failure MtlisciOse an interest threw or indirect could result in denial,staipe� nslon and%or revocation of 1. your license tDe A) ' • 1. When apldcable.please complete the approptirde secdon beim. Attach extra Mesta!necessary. I Name • I 1 CORPORATION(CORPANC) I GREGG BERGER I 37. Vice President NONE I GREGG BERGER I I. Treasurer GREGG BERGER f Stockho der ) ALAN MARKOVITZ j 7"---5% Stockhol der JOHN LOUIS JO RUSSELL GORI ' .mss) PHIUP T.GOBI I 42.5% THOMAS A.QORI - 10% . LIMITED .ABTY COMPANY pi C/tG}Managing Member(s) 4 i i (must be printed p 1 there are no i Imaging numbers I , or ms) i • General ) UNITED PARTNERSHIP(LTDAPATDLLP) i 1 I I i I United Partner , , , t 4 1 Bar (Fraternal Organizations of National Scope onhk f ' DIRECT INTEREST I . Named individual or Entity Of a legal entiy,list mime under which the entity dies business and its a Ali) lllieIPosMon Name I r ttock rK I i 2. Are there any persons not dated above who have guaranteed or consigned le lease or loan,or any person Q�►who has sloaned money to the business that is not a tradition tns�ion? N yes,and theta=create a direct interest in the fatalness,you must bet the person(s)Cr entity and indicate which of the below applies. Each driody interested person must Submit fingerprints and a related many Personal information sheet. Copies of agreements rust be submitted with this'►, 1 Name Guarantor Co-signer Lender: ' interest Rate ■ • a ■ . • . • • a ■ ! MM.stA4020 a$peaces,Fac 5 I Etl:7/3WI2 • I `s IIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIII SECTION 3—CONTRACTS OR AONTSJ Business KLtl6 CABARET(DMA) These questions muse be answered about this business for every person or entity rooted Are the applicant and copies of agreements must be submitted with this application. If the management,service.or.other Contractual a person or entity control of the licensed premises or the safe of Nlcoholic beverages, disclosure of those persons must be made in the section labeled"DIRECT INTEREST'in ttie DISCLOSURE OF INTERESTED PARTIES section. They must also submit fingerprints and a related pertyipersusai Information i sheet. 1. Yes ❑ No• Is there a management contract,franchise ,or service agreement in connection with this business? 2. Yes ❑ No• Are there any agreements which require a payment of a percentage of gross or net receipts from the business operation? 3. Yes ❑ No• Have you or anyone listed on this appElcationt,accepted mmrey;ErnIllemel or anything of value In connection with this business from a m nutbcturer or _wholesaler of alcoholic beverages? I - SECTION 6—SPECIAL LICENSE REQU -d 4 (DOES NOT APPLY TO BEER AND WINE F ) Please check the appropriate'Special Alcoholic Beverage License'box of the •_ for which'you are applying. Fit in the corresponding requirements for each Specs l License type. ; Quota Alcoholic Beversge License ❑Special Alcoholic Beverage License®Club Alcoholic Beverage License This license is issued pursuant to 561.29(1)(') ,Florida Statutes or Special Act,and as such we acknowledge the following requirements must be met and maintained: • Must maintain the licensed premises In an active manner fill which the premises are open for business for the bona fide retail sate of • authorized alcoholic beverages during regular and reasonable business • hours for at least 8 hours a day for a period of 210 days or more during any 12-month period commencing six months after acquisition of the license. Please sign and dab: Applicants S mature:, '''! � Date: /4 '-1 1 . f � I As*.81A4.CZ0 i 81A4.ae17,FAC 4 h tf.7/30112 i 1 ! , IIIIIIIIIIIIIIIIIIIIIIIIIMIII , , .:,„.',-,;•,.•.,; ..:4;1 ret:r; ;I;• ‘.„.t„secnoN 5,-,APPLICATION APPROVAIA „ - 1 0;i:','::.-t'.:....,:-.--.:-..-. ,, • -• -• „ ,, ,. ., , ._ Full Name of Applicant(This is the name the license will be issued In) BAG OPA HOLDINGS,INC. Business Name(D/B/A) . , - CLUB 24 CABARET • Street Address 3699 NW 135 STREET City County • - State I Zip Code / OPA LOCKA MANMADE i FL 1 33054 1 • . „'„ ,:;,;;k-=•': .--; .,..•''...4;::', ,' •• • ., 4r'- :-::•-4ZONN ,_ -4••••'''-' " ":''7".,-- . •-.':-.1g --• - '-: f' i- - tiEi.-iit doleaTED BY tritiammi•AtAtifaRITYWYERNI4- 4- ;R swam§-LocAtKIN ' 1, A. The location complies with zoning requirements for thes of its belrages pursuant to this application for a Series: 4COP Type: Sue EAA:ii tiso,., Lvitiiiit B. license. C. This approval Includes outside areas which are contiguous to the premises which are to be part of the premises sought to be licensed and are identified on the sketch? .0 Yes 0 No Check either: Please • • not skip,this is important for license fee sh4ring 0 Location , i 1 Ity limits or 0 Location Is in the unincorporated cOunty r Signed Date 31,i f/ 0, 4 .I., y Taft 2°4.1 CI)IL P.44.44‘‘ This appraval Is valid for — lays. i--. -,..:.' ---,-..-':,''''...t: ., . • - 'SALES TAX -- ' '..,• ' ' ,• • . . ' •: 7.1 ' •:• - - TO BE COMPLETED BY THE DEPARTMENfOIi4EVENUE The named applicant for a license/permit has complied with the Florida Statutes oancimin. ...—abon for Sales and Use Tax. 1, This is to verify that the current owner as named in this application has fil‘•-• -, lurns that V ' outstanding billings and returns appear to have been paid through . .,-,'•• andirig or the liability has been acknowledged and agreed to be paid . , "- applicant This.ve does not constitute a certificate as contained in Section 211758. ' , ,F.S.(Not atplicabki if no transfer involved). 2. Furthermore,the named applicant for an Alcohol' : - -•, License has complled•with Fleas Statutes concerning registration for Sales and Use - , , • has paid any applicable taxes die. -- ---., Signed 44-at ,,kat4s, .. Datq 441. Title -- ..,....;/ - .---....; r-1.Dy.:-, ififwanifelyatt -tailswiy— p 2461 Ntetrocentie 13td. . Thi -provel is valid for so days. West Palm Beach, FL 33407 44 .•: • - .1 :..; : •:- . .. 'HEALTH.:•, , .•:•:":,, ,••,', - :-1.••• ''•• '-"•••• TO'.BE COMPLETED BY THE DIVISION OF HOTELS tifiDMESTAURANTS - ' ,' ',.. . • • ., . . .. „ - • • , OR COUNTY HEALTH A,U,THORIT,Y.. .'::i•":- "•-' .*:'- ..:-, •..., - . •.. OR DEPARTMENT OF HEALTH,..- - . ' , " - •-, , 7-'-''-' -'• ...•.'.?. '--OR DEPARThlEliT OF AGRICULTURE t..CONSUMEB SERVICEB:. • s • . .:,'' • The above establishment complies with the requirements of the Florida Sanitary Code: Signed Cote Title Agency .' This approval is valid for days. i / .. , Auth.61A4.010 It lilA-5.056,FAG 6 i i i i F f NOTARIZATION REQUIRED •Business N (DMA) • KLUB 24 CABARET i °1.the undersigned individually,or if a registered legal entity for liself and its ' par,hereby swear or affirm that I am duly authorized to make the above and foregoing application ,as aucb,.l hereby swear or affirm that the attached sketch is a true and correct representation of the to be sed and agree that the place of business,8 and licensed,may be inspected a searched during business hours or at any time business is being conducted on the premises without a search warrant by officers of the Civilian of Alcoholic Beverages and Tobacco,the Sherif,his Deputies,and Police Officers for the purposes of determining • coma snoe with the beverage and retail tobacco taws.' M swear under oath or affirmation under penalty of perjury as provided for in Sections 559:791,562A5 and 837.06,Florida Statutes,that the foregoing information is true and that no atheriperson culentky except as indicted herein has an interest in the alcoholic beverage license and/or tobacco permit,arid all of the above listed persons or entities meet the qualifications necessary to hold an interest iri the atcohorc bevsr ga license and/or tobacco permit' 1 •• • STATE OF FLORIDA ; • COUNTY OF 1-0AOE -" s APPLICANT SIGNATURE i i ; APPLICANT SIGNATURE ' i The foregoing was(,�.)rom to and Subscribed OR( )Acknowledged BeforeJmo this 'I Day Ior December .•,20 17 .By Gregg Berger, President 1 who p rsonaly , (print nerte(s)of person(s)making sta ff mt) known to me OR( )who produced fkJldlt>i�lSBgon. ;.'K"". P,1d><'�-StatrofFiadds : ,y,,s4ref —...---- . My Gorman,E�ipros 4, 8 comfit., .. : Can+i+i a+i FF 144203 NotayPu .... I Bonded ThrougliNerkinal Near/Ault I f i I1 • i I Au h.si*4 s2e a st*bs,41e17.FAG 6 Eff.7130/12 Vim i SECTION 8—RELATED PARTY PERSONAL l TION This section must be completed for sigh person directly connected ' the business,unless they are a can nt licensee, 1. Business NameBAIA) E !CLUB 24 CA • 2. Fui Name of Individual ; THOMAS ANTHONY GORI j ,Stici l S ftumber' `Home Telephone Number [ Date rif 9SM2344100 Race ei t WeWeight Eye Color WHITE MALE 180 l BROWN BALD . 3. Are you a 11.8.citizen? al Yes Q No If no,k►srsgration card number or passport number r 4. Home Address_(Sheet and Number) 1 • C22312 BOYACA AVENUE I BOCA BATON i , 5. Do you currently own or have an interest in any business selling alcoholic *mirages, wholesale Yze r products,or a bottle club?ub?M , lives.provide the information mauested below. The location address should include city and state. Business Name(DIBIA) license Nermber Location Address E j ' 8. Have had I any type of Volta bsveraeo_or bottle dub license,on cigarette,or tobacco permit`, revoked or suspended anywhere in the past 15 years? I ❑ Yes ® No • I lives,provide the infomatlon requested below. The location address should include the city and state. Business Name(DMA) D Location Address 7. Have you been convicted of a Non within the past 15 years? ❑Yes {I®No ; If yeti. provide the information requested below and provide a Copy of the Arrest Disposition, as �in the Application iremerds cyclist 1 Location • t Type of Offense 8. Have you been convicted of an offense involving t >hot c anywhere within the past 5 3 y e a r s? ❑Yea M I ; If yes, provide the information requested below and provide a Copy of the Arrest Disposition, as Dab in the Application Requirements checklist. . Type of Offense 1 ( . i t ' Ai*.su-a ate a'MA,a'Mash?.MC 7 tel:713012 iilliiiiiimmili l,.� mil __. . .___ • 9. Have you been arrested or issued a notice to within the past 15 years? ❑Yes ®No appear in any state of the Unload Stiehl or its terri*o►ies If yes,prime the information requested below and a Copy of the Arrest Dion. Attach additional sheet ry. Type of Offense • • 10. Are you an owl with State police powers granted by the Florida ? O Yes ®Pio < NOTARIZATION STATEMENT h swear under oath or affirmation under penalty.of perjury as provided for i Secdonsx559.791,562.45 and 83'706, Florida Statutes, that i have fully disclosed any and � parties tin�ialy..and or may interested in this business and that the patties are d scbsed in the Dlocbsf? of Intrinisted Parties of this application. I further swear or affirm that the foregoing information is hue and Correct." STATE OF FLORIDA COUNTY OF� tvl.scrs►.+y..�C. A .c NATURE The foregoing was(14-Srwom to and Subscribed OR( ) Before me this ' +2 Day of December 2017 _By THOMAS A. GORI who b( )personally (print mare of person making known to me OR(V wt o produced as identification. Commiss1 - : pATRigis E Notary Public , • 1 i My Come:Ex1resAug.28.2018 Corr ,tiOn a FF 144203 Bonded Teaigti Naipnd NotnyAssri • (ATTACH ADDITIONAL COPIES AS NECESSARY) , \ "Social Security Number • Under the Federal Privacy Act,disclosure of Social Security numbers is volun a Federal_ statute specifically requires h or allows ems to collect the number. In this u security numbers is mandatory pursuant to Tide 42 United States sections 409.2577,4092598,and 55 Florida Statutes. Social Code, r f• •get and efficient screening of applicants and licensees by a The IV-D child knit. ace used m to liar p� ,•- to aeisxe compliance wth chid support ob5gaLons• Social Security numbers must also be recor. on alt prowl and occupational license applications and are used for licensee identification pure=-- to the I Responsibility and Worts Opportunity Reconciliation Act of 1998(Wellors R- Act),104 PPuubF L.193, } Sec.317. The State of Florida is authorized to collect the social secur ty number of cgs pursuant to Sec R ih►r 42 U.S.C.405(c)(2XC)(lk This Information is used to identify licensees for tax administration • /urth NA.lsa04ciA-E.so17,PAC 8 • Elf.7/30112 1111111111111111111111111111 i I 1 I SECTION 10-CURRENT LICENSER UPDATE DATILHEET i This section is to be completed for aft current alcohobc beverage and/or tobeimo I license.holders listed on the Application to ensure the most up to data information is captured. •. Business Name(D/B/A) KLUB 24 CABARET Last Name PHtLiPFiBt 'M�1'".��•r.r • Current Alcohol Bew and/or Tobacco license Permit/Number(s) ber(s) T 23-00884,18-00610,0, 1134,23.00356,23.00270 Date of ��, Nurnb�r' . C19�5_WEST ALEXANDER PALM ROAD I HOCA RATON Last Name Fir 1 Z ire >! st 1 M.I. Current Alcohol Beverage and/or Tobacco License Permit/Number(s) i 23-00270,23.00884, 1134 ■ Data d Birth �:��n;V y Number' 6246 TERRACE • 1 PARKLAND I S 30 6 1 Last Name First 3M LOU JOHN RUSSELL ' Mcl. : Current Alcohol! 23410884 Beverage and/or Tobacco License Perm tft4utrrber(s) I , Date of Birth Urniiii Number' ' Street Address . i 21560 TOLEDO ROAD i Cky BOLA RATON I R I Zip Dole MARICOvr z ALAN First i M:1, �Alcohol Beverage and/or Tobacco License Pennit/Number(s) r Dete of Birth I Social illinNINII 11111111111111 8eanfty Numb!" Street Address . 3400 WESTSHORE DRIVE C' _ D LAKE VILLAGE j M f Cade Laet Name First t M:1. Current Alcohol Beverage and/or Tobacco License Per'mit/flumber(s) Date of Birth i Social Security Numt Street Address j I City I r [code • l Auth,11463.1120 a siA-t 17,MC a Eff 1/30/12 I. .......imum • . • I , .....-. B & G OPA HOLDING'S, C. ... • 5387 NOBHILL ROAD • 1 ... SUNRISE, FL 33351 •-, . ...1 954-319-7789 . • March 8,2017 - City of Opa-Locka , . 780 Fisherman Street . ! • , , Opa-Locka,FL 33054 . , . i Gentlemen: . . t This letter Will-confirm that B&G OPA Holdings,LLC,th owneciSthe business to be operated at 3699 NW 135 St will have a 11164;and will 1 \ provide food service to its customer&As to Florida Statu 5 1 1:411V 541"Z 1141 ltrelates alcohol beverages sales. , I 5 44410.2-tr 6 00 '.c) : This letter will also confirm that there will be no package liquor j . at the subject premises,and it is the intention of the owner to serve aktidiolic beverages for consumption on the premises. Sincerely, I i 1 crk..larebta0c7 GREGG BERGER . 10'40$00 \ 3lvL,-- -,-. :12( President 41.71141 .. ovi. 7vca. b,,., 1 I -- ; ,061,1 - OV- -1--'71640, i I i ... . . , , ... ...... ' 111.11 EXHIBIT „ E „ 780 Fishman Street N. / Opa4loclaa,Florida 33054 / Tel:(305)953.2886 X-1803 Fay(8055)9534060 / f� Department Director ' / naaySo ockafl.cov / APPLICATION FOR CERTIFICATE OF USE // $tGQ0Onon re{un�blVr Fes for lttapr of tNs�.Payment nub payable City of ,' TO BE COMPLETED BY APPLICANT 4 Business Name: A. ,{J c Bus kiss s Address: i,, • City: Q tiggl.,Bk ,. State: , Zip Code: _mg_ Business Phone: Sq.Ft.of Suite/Space: Suite Number(If applicable): Describe Business in Detail(include no.of seats/tables/chairs): Business Owner: Owner Address: City: State: Zip Code: Phone: Fax: Email: Applicant Signature: Dale: Fite No. Folio No. O� -2-t 2-i—00 —00ZD . Zoning District J-. • ,A Land use f ource Dew . on C 9, GC,, APPLICATION TYPE(Please Check Only One Box 121 New Certificate of Use Approved ❑ Denied ❑ Own, ip Tr;nsfer of Certificate of Use ❑ Approved with Conditions: o I t S ""1`rature KEEP FOR YOUR( CORDS Date _---- .."- • •,.. ' ' • .,‘-. ;;;:::••• ZONING VERIFICATION FORM P4r.,..-_,...,,,, . .... ,.. • ,,,,:..,i. , .•,:f g.:`7. -- ' .................... ,,-,1:1V7, visntuaioNs ''''::"--: Upon completion,please ret urn this form and all attachments to Community Development Department i;A:a-?:• ,,.."''' 730 fisherman Street,Fourth Floor ,Phonsc(305)15340U ext.1503 Office Hours: '',,:,4-;•.1' Opa-looka,Florida 33054 FAX(3(6)9534060 9O0 am -5110 p.m.Mon-Ft $100 processing fee is required upon form submission APPLICANT IfrORMATION „.. Applicant Name Date t Ii .4.- at b . '- tt` t Address 0 1— i1111111111111111111111111111141 — . ( I Brisail Address PROPERTY INFORMATION Property Owner Address . . '' 3:. • t5 . A , 1 - c I . - . _ A T 1, • . um — 3e. ber Type of . est recess Dumber 'reo 3 a Intended Use of the Property ----- ......-„ Theplitakf-14icarttill *ittnit:ning air' 4) ..al4InT 1 P;ea s tt° tft d'I.rDa de rm dm . .. properbasted connect Warn County Property Appraiser's Mat at 0167:131.5322 as o to verify the fano ounther, l munben me required to process Ws*enfilade:6 The City of Opplodrs does not use the p add to , zoning Information.In order to submit this form,a DISO processing fee Is required,Completion°fan form isnot C taoteappresa,o,y00 bushu permit request. I certify that I have read and understand the Information above and that all of the Information 1 have provided above is true an •.— ' , to the best of my knowledge. Applicant WIPlatans , , Sired ... --- spr,,...41.........6...... . ' - MOVININUMINSIMINMEnclaZ, ":::17J-27.-;..1, ''''' ''.::•::1:: 1.-."-. 13,...:.7''..:.‘;-r. '''s':.-:: ..''''-':' cdon Demise I SR" I . . Other Conunentan (5% Vat,sk _ • Ltdig4tillt, , ill1111111111Mmr X . ittr 0 6■ . .cri c E IAND'USEI 7.- 0V — ca44alAtT ONDISTDICT Planning and Zoning Perm_ nnel(Zoning Officiell Staff Signattre i ... w Date Signe .., I 4 11 -7 ie. EXHIBIT „ F„ • • B&G OPA HOLDINGS,LLC 3899 MA/135S.T OPA LOCK, FL 331154 . • • • • • • PLEASE DETACH AT PERFORATION • ,f. 990008920 CRY WE alromaed L(mWrg Ocaupall wCDI O OPA. 3INBI NW.135 2017 • �Ltc �s HE IN GY L ENEED TO EN©ASE THE C � Cr PROFESSION OR OCCUPATION OP IN THE CITY DP OPMOCKA,WANT E YOLLOINWS REBYRICTIONs• ISSUED ON O UNTIL SEPTEMBE S:I.2QI7Sl TTOTNEPROVISIONSOPTHECITYO PA p FORDS. NOTE:THIS LCINSE DONS NOT OONSTITUTE A lERTIRCATION THAI-THE LtCEIS QU SALFTH3 T D ENSAOE � T NOW W OCCUPATION SPECIFIED IMO. • CITY OF OpALOCacA dc)iwaixe; (04htt_eid.41„ CITY IANAGER LICENSE DISPLAY AS REQUIRED BY LAW CLERIC • B&G OPA HOLDINGS,LW • 3899 NW 136 ST OPA LOCKA, FL 33054 • • • P1,EASE DETACH AT PERFORATION 922 City of©pa-tacky Daporbtatt of business and Occupalkarust thanes OPA NOLDPIOSILC an 11AV MS ST OPA LOCKA,ELS30S4 LICENSE FEE Waco IS t•EREGY LICEiStD TO ENGAGE IN THE Mama, �OCCUPATION C Iv THE CITY OF OPA•t.OGICA,WfTH THE mamma FESTtOTIOfs. ISSUED ON UNTIL S ER 30.2fi17SST1O11♦EFROF CF THE OiTYOFOPT �.ESAfoSTATE AND COi1N7Y FORCE,NOM THE LICENSE NOT A3AC7(A FORCE SPECIFIED IC NS HEREIN. HI A CX3ITIFICATlOAI THAT THE LtCEIN SEE 18 QUALIFIED TO ENGAGE W THE Wig , NOW IN CRY OFOPA•LOCMA 14114411V (0‘-i)44/6044r, •CTTY MANADER SY: DISPLAY AS HEQUjpED BY LAW C1ERK • EXHIBIT „G „ CITY OF OPA-LOCKA BUILDING DEPARTMENT 780 FISHERMAN STREET 4TH FLOOR OPA-LOCKA,FLORIDA 33054 TEL:305-953-2868,EXT 6 FAX:305-953-2897 January 5,an, B&G 3699 N. Upa■P .20,00, -• "• . • • Dear B Y " 111 , .A1"4s" • 411C.141# ;,/S tegory other includes the description as written en in" the approval aPPi icr use,play house,bar,tavern approved adult entertainment pfl UI 4W-NOF lr Olga-, Jerk ■.; 1.W.4:0,a7tY 44, f,X,C 'Fo'f•tkyc,,W' . 114,j'ik?" /up JPA-15,, • EXHIBIT aHn Planning&Community ° Gregory D.Gay,AU Development Department Director 780 Fisherman Street,4th Floor Opa-lock,,FL 33054 Phone: (305)953-2868 Fax: (305)953-3060 January 6,2017 Mr.Eddie Dean Restaurant and Retail Space [Former Crabby's] 3615-3699 NW 135th Street, Opa-locka,FL 33054 RE: Bar,Tavern,and Lounge Use and Adult Business Use Mr.Dean, Thank you for supporting the City of Opa-locka and bring a new businesses to the property you and your investors are acquiring.The property your group is acquiring is located at the north east corner of NW 135 Street and the LeJeune-Douglas Connector.Per our conversation with the Mr. Vincent Brown-City Attorney on January 4th, this letter is to provide you with a summary of what we have discussed and determine if the business uses you are proposing at this location is allowed, the requirements and conditions necessary for this use to be allowed, and a specific timeline for addressing these issues of concern. Based on the information provided,your company will be a new lessee of the property located at 3615-3699 NW 135th Street. This property is a 9-bay retail/restaurant building which is approximately 14,000SF structure on a 60,000 SF lot with 49 parking spaces. The property is zoned I-2 Industrial Planned with a MXUOD-Mixed Use Overlay District, and the land use for this property is Commercial. The Lessee seeks to use the former Crabby's Restaurant space which approximate 5,000SF as a restaurant/lounge with an adult business. This space was previously used as a restaurant with a full bar liquor license operation. You,as the Lessee, seeks to continue the restaurant operation in addition to offering the lounge and adult business operation.However,there are several issues that need to be address. The former restaurant has not been in operation for at least three years. Opa-locka's new Land Development Regulations requires that for properties in the Mixed Use Overlay District [MXUOD], all bars, lounges and taverns use must go through a Special Exception process, and properties in the I-2,,all adult businesses must also go through the Special Exception process. We have determine that based on this location's previous use as a restaurant, and the certified survey provided that depicts that the restaurant space where liquor will be sold for onsite and offsite consumption is more than 1000 ft from schools,churches,park and residential properties, PCD staff will forgo the Special Exception process for the bars, lounges and tavern and that this use will be address administratively. Under these stipulations,there are some concerns regarding II the proximity of this proposed use is to the charter school operation located at 3400 NW 135th Street and restriction on the hours of operation and onsite consumption of liquor only. Your proposal to operate a playhouse/cabaret in the restaurant at this location has been determine to be interpreted as an adult business. A Special Exception process is required for properties zoned I-2 to determine if the adult business proposal would be allowed under certain conditions. Based on the use proposed,parking will also need to be addressed which includes creating a shared parking plan and restriction on the hours of operation. We will continue to working with you and assist you in resolving this matter.If you have any questions,please contact a member of my staff at 305-953-2868 x-1503. Thank you for helping us make our City Great! Sincerely, Gregory D. Gay,Director cc. Yvette Harrell,City Manager Vincent Brown,City Attorney Joanna Flores,City Clerk Gerald Lee,Zoning Official/Planner From:Gregory Gay Sent:Friday,January 06,2017 1:45 PM To:'eddiedean3571®gmail.com' Cc:Yvette Harrell;Vincent Brown;Gerald J.Lee;Kinshannta Hall;Sha'rnecca Lawson Subject:Letter-Eddie Dean Zoning Letter-Crabby's Restaurant 1-6-17 Mr. Dean, Here a letter recapping our discussion from Wednesday. If you have any questions or concerns,please advise. Thank you for helping make our City Great! GDGay (EIcaronic Signature) Gregory D. Gay,Director Planning& Community Development Department ( Community Redevelopment Agency City of Opa-locka Municipal Complex 780 Fisherman Street,Fourth Floor I Opa-Locka, FL 33054 V:305-953-2868 ext*1501 IF:305-953-3060 Igeavae40Dalockatl.gov I www.opalockafl_0v THE GREAT CITY OF OPA-TISHA-WOCKA-LOCKA NOTE; Florida has a very broad public records law,and under Florida law,e-mail addresses are considered public records.If you do not want your a-mail address released in response to a public records request, do not send electronic mail to this entity. Instead,contact this office by phone or in writing.Additionally,this communication is intended only for the addressee. If you are not the intended recipient,do not copy,disclose,Or distribute this message to anyone else. If you have received this communication in error,please contact the sender of the message to inform him or her of the error and then delete this message. Public Records Notice: Under Florida Law, email addresses and electronic communications are public records. If you do not want your email address or the content of your electronic communication released in response to a public records request,do not send electronic mail to this entity. Attachments • Letter-Eddie Dean Zoning Letter-Crabby's Restaurant 1-5-17 on City Stationery update 7-3-17.pdf (121.20KB) • image001,jpg(2.70KB) U D ^U� January 5,2017 Mr.Eddie Dean Restaurant and Retail Space[Former Crabby's] 3615-3699 NW 135th Street, Opa-locka,FL 33054 RE: Bar,Tavern,and Lounge Use and Adult Business Use Mr.Dean, Thank you for supporting the City of Opa-locka by bring a new businesses to the property and your investors recently purchased. The P P i tY you corner of NW 135 Street and the LeJeune-Douglas Connector. Per our converssationhwith north east Vincent Brown-City Attorney on January 4th, this letter is to provide you with a summary of what we have discussed and determine if the business uses you are proposing at this location is allowed, the requirements and conditions necessary timeline for addressing these issues of concern. for this use to be allowed, and a specific Your company will be the new lessee of the property located at 3615-3699 NW 135th Street. This property is a 9-bay retailrestaurant building which is approximately 14,000SF structure on a 60,000 SF lot with 49 parking spaces. The property is zoned I-2 Industrial Planned with a MXUOD-Mixed Use Overlay District, and the land use for this property is Commercial. The Lessee seeks to use the former Crabby's Restaurant space which approximate 5,000SF as a lounge with an adult business. This space was previously used as a restaurant with a full bar liquor license operation. You, as the Leasee, seeks to continue the restaurant operation in addition to offering the lounge and adult business operation. However, there are several issues that need to be address. The former restaurant has not been in operation for at least three years. Our new LDR requires that for properties in the MXUOD, all bars, lounges and taverns use must go through a Special Exception process,and properties in the I-2,all adult businesses must also go through the Special Exception process. We have determine that based on the this location's past use as a restaurant, and the certified survey provided that depicts that the restaurant where liquor will be sold for onsite and offsite consumption is more than 1000 ft from schools, churches, park and residential properties, PCD staff will forgo the Special Exception process for the bars, lounges and tavern and that this use will be address administratively. Under these stipulations,there are some concerns regarding the mss. - proximity of this proposed use is to the charter school operation located at 3400 NW 135th Street and restriction on the hours of operation. Your proposal to operate a playhouse/cabaret in the restaurant at this location has been determine to be interpreted as an adult business. A Special Exception will be required to determine if the adult business proposed would be allowed under certain conditions. Based on the use proposed, kin parking requirements will also need to be addressed which includes creating a shared parg plan and restriction on the hours of operation. We look forward to working with you and we are willing to assist you in resolving this matter. If you have any questions,please contact a member of my staff at 305-953-2868 x-1503. Thank you for helping us make our City Great! Sincerely, Gregory D.Gay,Director cc. Yvette Harrell,City Manager Vincent Brown,City Attorney Joanna Flores,City Clerk Gerald Lee,Zoning Official/Planner EXHIBIT ar, BUILDING PERMIT APPLICATION iv BUILDING DEPARTMENT "A /� PERMIT NO. I 7O$'2( ,/ 780 Fisherman St.,4th Floor i'•.: - , 0' ,, DATE ISSUED: I Opa-Locka,Florida,39064 1 ' -3� �'' n � Tai:(306)953-2868 = - .. � ) PA- L £'C K A CASH RECEIPT NO. fir,4 Option 6 F ��D Fax:(305)953.2897 „ ;- i ' CASH or CHECK NO.vv e f PERMIT TYPE(Circle) BUILDING MECHANICAL WALL/FENCE SIGN PAVING ROOFING ELECTRICAL (i PLUMBING OTHER N t Owner Teshner Reality 954-668-3997 FOR OFFICE USE ONLY Tel NO Mail Address 3300 N 29 Ave,Hllywd,FL 33020 DENIED APP••VED DA a. 'u 42" Bldg Corns Genesis Dev Grp, LLC Tel No 786-317-1997 ,/ 'r p'P Gr Mail Address 1521 Alton Rd,#798,Miami Beach, 33139 ZONING A �";`r "C ! /ao r PUBLIC WORKS E' Architect PLUMBING : Engineer Rodriguez &Anglin, P.E. ELECTRICAL .it MECHANICAL Tax folio no 08-2121-000-0030 STRUCTURAL 4 �.N, l LEGAL DESCRIPTION OF JOB: Lot No. 7 BIk 325 BUILDING .Ai _ L/•i I..')? Subdivision Curtiss Park PB&Page No 50-2 -. it Street Address of Job 3699 NW 135 St ESTIMATED VALUE I•hh Lot Size Survey Attached No Principal Bldg ❑ $ c: •' Present Use(Vacant,or no of bidgs and use of each) Accessory Bldg ❑ C 2 I HEREBY MAKE APPLICATION FOR PERMIT TO: Screen Enc ❑ >- - ERECT❑ ALTER q/DEMOLISH E ADD 0 REPAIR❑ Wall ❑ U Li i~ v) 0 REMOVE❑ REMODEL❑ Fence �7 Pool ❑ bP2 —7 • /3 A STORY RESIDENTIAL❑ COMMERCIAL Paving ❑ 044 7. /3 -.,,ts INDUSTRIALO FENCE❑ SIGN❑ Soakage Pit O -g nc+7' .9 Roofing ❑ n 1 OTHER Public Works ❑ ' �t1 /,f D >4•+ V��` FOR THE FOLLOWING USE AND OCCUPANCY Building L8" 3 a� • w 3 a5' 6 6 .� Other ❑ �, SQ./L.1N,FT 700 SF ESTIMATED COST $3,800.00 LC Fee [D/ TOTAL BLDG 2. '2-P Block-up windows r Ft truot kt wr w1 VALUE&FE Co if ' I b I understand that in signing this application,I am responsible for ISSUED j,�.1 the supervision and completion of the construction in accordance BY:_, `l�lj+ � 3�TE 4 ' 12 with the plans and sp •fications and for compliance with all City, / Federal.State.and C nt s applira . I Certification is required for finished floor SIGNATURE OF FACTOR(QUALIF '.•)•• OWNER.BLDR ONLY la' elevation prior to Certificate of Occupancy. yip l - Valerie Brown PR T NAME CONTRACTOR(QUALIFIER)OR OWNER-BUILDER CONTRACTOR'S (11 /-1 NUMBER CGC1513388 {� +*`" GERLONDAYOUMAN QUALIFIER'S Nt 7I:LIC MY COMMISSION#FF129OSt) NAME Valerie Brown ill N r TOO FolisollsOU MUD S. Jun* QUALIFIER'S ! NO 14 CE IF CO . •_. - • ADDRESS 1521 Alton Rd, #798 1 SO EEING IMPROVEMENTS TO YOUR PROPERTY. t Y RESULT IN YOUR PAYING TWICE FOR CITY Miami Beach,Fl 33139 IF YOU INTEND TO OBT IN FINANCING,CON- STATE ZIP CODE SULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR COMMENCEMENT. wwn cm.r text w �.,,� n0u�310Ld 3Ui V NNtl1333 `x •ka4.80 u��^'o-ed J 0ruar«na 3w a 4 3eeiiS 9£l'M'N 669£ ,srrc 1.1' S I i •304330 1011015534064 }aaagao fiZ ii .0, SUOWeW PSodad :133r°11.1 1 nOrw x zsnaaoa f e m r k kiLLILILIti ::. - s ...eass. p . U _ .o a I� U iIiIl lir8 , 1' _ a EP a E- i 1 I T�-1—I I 1 1 d I F V in , : WM, 1 I:4 E g .J. . 1 -' r V14 Nom rr } ' r r v -: �r-nl ga. . o sn �! b r ! ' 7°n r s. .8- ..' it f1¢�.-.a y, 'A'i,:: NNW {, - ... d. 1 _ Q„!.r r 'Q' .. ::::nii El 1111 11 ll 'KC ii 1x1 — .1 u ,w Ia i awe 1 N �_ !' s PI g6gg � j i t s 1 leg • • g . - leg it . R EXHIBIT it/ ZONING VERIFICATION FORM Upon completion,please return this form and all attachments to: Community Development Department 780 Fisherman Street,Fourth Floor Phone;(305)953-2868 ext. � 9:00 a.m. -locks,Florida 33054 FAX(305)953.3060 O-5 0 Hours: S:DO p.m.Mon-Fri $100 processing fee is required upon form submission APPIKANT INFORMATION oaa ChY PROPERTY INFORMATION Property Owner Type omsh,eimiuzmu..........omiRijnNlEMili The purpose of this farm b to confirm the current coning for the The purpose o to is for,is Milo number,current MM numbers for property fisted above.Please contact the M1�i.pj County Property Appraiser's Office at verify coning btfonaatbn,in oar to submit this forts,a�p required to process this application.The city*,apsdodm doss not use the property address to permit tequest prooessbr8 fee&required.Completion of this form rota approval of your business or alertly that f have read and understand the Information above and that all of the inform accurate to the best of my lasawledye, F#bn l have puu�vfdeaiabove is true and _..-./ — — , r-+.R:aa� x<mYar+ tRe'4.i�41. i7: LAS-.3/ F y,_ r Plurnbriand Peffenefti flonh1L 00429 ity EXHIBIT „ K„ Planning&Community °,<p Gregory D.Gay,MA Development Department Director O Si 1f1.� 780 Fisherman Street,4th Floor Phone: (305)953-2868 Opa-locka,FL 33054 `A Fax: (305)953-3060 July 3rd,2017 Mr. Eddie Dean Restaurant and Retail Space [Former Crabby's] 3615-3699 NW 135th Street, Opa-locka, FL 33054 RE: Bar,Tavern, and Lounge Use and Adult Business Use Mr. Dean, Thank you for supporting the City of Opa-locka and bring a new businesses to the property you and your investors are acquiring. Based on a recent conversation we had the week of June 18- 23rd, I would like to recap the City's position regarding the property your group has acquired located at the north east corner of NW 135 Street and the LeJeune-Douglas Connector. Per our previous conversation with the Mr. Vincent Brown-City Attorney on January 4th, 2017, this letter is to provide you with a summary of what we have discussed and determine if the business uses you are proposing at this location is allowed, the requirements and conditions necessary for this use to be allowed, and a specific timeline for addressing these issues of concern. Based on the information provided,your company will be a new leasee of the property located at 3615-3699 NW 135th Street. This property is a 9-bay retail/restaurant building which is approximately 14,000SF structure on a 60,000 SF lot with 49 parking spaces. The property is zoned 1-2 Industrial Planned with a MXUOD-Mixed Use Overlay District, and the land use for this property is Commercial. The Leasee seeks to use the former Crabby's Restaurant space which approximate 5,000SF as a restaurant/lounge with an adult business. This space was previously used as a restaurant with a full bar liquor license operation. You, as the Leasee, seeks to continue the restaurant operation in addition to offering the lounge and adult business operation. However,there are several issues that need to be address. The former restaurant has not been in operation for at least three years. Opa-locka's new Land Development Regulations requires that for properties in the Mixed Use Overlay District [MXUOD], all bars, lounges and taverns use must go through a Special Exception process, and properties in the I-2, all adult businesses must also go through the Special Exception process. We have determine that based on this location's previous use as a restaurant, and the certified survey provided that depicts that the restaurant space where liquor will be sold for onsite and offsite consumption is more than 1000 ft from schools, churches, park and residential properties, PCD staff will forgo the Special Exception process for the bars, lounges and tavern and that this use will be address administratively. Under these stipulations,there are some concerns regarding the proximity of this proposed use is to the charter school operation located at 3400 NW 135th Street and restriction on the hours of operation and onsite consumption of liquor only. Your proposal to operate a playhouse/cabaret in the restaurant at this location has been determine to be interpreted as an adult business. A Special Exception process is required for properties zoned 1-2 to determine if the adult business proposal would be allowed under certain conditions. Based on the use proposed, a site plan is with parking will also need to be addressed which includes creating a shared parking plan and restriction on the hours of operation. The Special Exception process requires the site plan along with a development agreement/restricted covenant to be presented to the Planning Council/PZAB and City Commission for consideration and approval. We will continue to working with you and assist you in resolving this matter. If you have any questions,please contact a member of my staff at 305-953-2868 x-1503. Thank you for helping us make our City Great! Sincerely, Gregory D. Gay, Director cc. Yvette Harrell,City Manager Vincent Brown,City Attorney Joanna Flores,City Clerk Wilma Wilcox,Code Enforcement Gerald Lee,Zoning OfficiaUPlanner Subject: RE: Letter-Eddie Dean Zoning Letter-Crabby's Restaurant From: Gregory Gay(ggay @Opalockafl.gov) To: eddiedean3571 @gmail.corn; Cc: yharrell @Opalockafl.gov;vbrown @Opalockafl.gov;gjlee @OpaLockafl.gov; khall @Opalockafl.gov; slawson @Opalockafl.gov; Date: Monday,July 3,2017 12:15 PM Mr. Dean, Per our recent conversation, attached is a letter recapping the City's position regarding your pending restaurant/adult business in Opa-locka,FL. If you have any questions or concerns on the City position,please contact the City Attorney for further response. Thank you for helping make our City Great! GDGay [Electronic Signature; Gregory D. Gay,AIA-NAM, Director CRA Manager Planning& Community Development Department I Community Redevelopment Agency City of Opa-locka Municipal Complex 780 Fisherman Street,Fourth Floor I Opa-Locka,FL 33054 V:305-953-2868 ext*15011F:305-953-3060 I ggavaonatockafl.¢ov 1 www.onalockafl.eav THE GREAT CITY OF OPA-TI SHA-WOCKA-LOCK A NOTE:Florida has a very broad public records law,and under Florida law,e-mail addresses arc considered public records.If you do not want you e-mail address released in response m a public records request. do not send electronic mail to this entity. Instead,contact this office by phone or in writing.Additionally,this communication is intended only for the addressee.If you arc not the intended recipient,do not copy.disclose,or distribute this message to anyone else, If you have received this communication in error.please contact the sender of the message to inform him or her of the emir and then delete this message. EXHIBIT lir Subject: RE:3699 NW 135 Street/Peemitt#:17120-00084 From: Stennett,Christopher(MDFR)(Christopher.Stennett@miamidade.gov) To: vtblaw @bellsouth.net; Cc: Pamela.Houghton @miamidade.gov; Date: Thursday, February 8, 2018 7:03 AM From:Stennett,Christopher(MDFR) Sent:Thursday,February 08,2018 6:57 AM To: Stennett,Christopher(MDFR) Cc:Houghton,Pamela(MDFR) Subject:RE:3699 NW 135 Street/Peemitt#:17120-00084 Mr. Brown,please be advised that the business in question located at 3699 NW 135 ST ...Permit# 17120-00084 was inspected as a restaurant. All occupancy with 50 or more people is considered an"Assembly"as per NFPA CODE. There are different requirements base on the type of assembly. Regards, Stennett From:Stennett,Christopher(MDFR) Sent: Wednesday,February 07,2018 2:18 PM To:Houghton,Pamela(MDFR) Subject:FW: 3699 NW 135 Street/Peemitt#:17120-00084 FYI From:Vincent Brown jmailto:vtblaw( bellsouth.net] Sent:Wednesday,February 07,2018 12:08 PM To: Stennett,Christopher(MDFR) Subject:Fw:3699 NW 135 Street/Peemitt#:1 7 1 20-00084 Please see below my email from Friday, Feb. 2,2018 Thanks again, Vincent T. Brown, Esq. The Brown Law Group, LLC 847 NW 119th Street, Suite 202 North Miami, FL 33168 305-688-7500/305-688-7501 (fax) www.thebrownlawgroup.net This e-mail is intended only for the individual(s) or entity(s) named within the message, This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert,please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review,dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail shall, in and of itself, create an attorney-client relationship with the sender. ----Forwarded Message----- From: Vincent Brown<vtblaw(l bellsouth.net> To: "stennettCa7.miamidade.gov"<stennettgmiamidade.gov> Sent:Tuesday,February 6,2018 8:07 AM Subject:Re:3699 NW 135 Street/Peemitt#:17120-00084 Good moring: Please see below. I am awaitng your response. Your attention to this matter is greatly appreciated. Should have any question I can be reached at 305 785 6420. Respectfully, Vincent T. Brown,Esq. The Brown Law Group,LLC 847 NW 119th Street, Suite 202 North Miami, FL 33168 305-688-7500/305-688-7501 (fax) www.thebrownlawgroup.net This e-mail is intended only for the individual(s)or entity(s)named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail shall, in and of itself, create an attorney-client relationship with the sender. From: Vincent Brown<vtblaw @bellsouth.net> To: "stennett .miamidade.gov" <stennett@miamidade.gov> Sent: Friday, February 2, 2018 3:40 PM Subject: 3699 NW 135 Street/Peemitt#:17120-00084 Inspector Stennett: I am the City Attorney for the City of Opa-locka. Pursuant to our conversation of today,you advised that the permit issued for the above-referenced establishment was for a restaurant. Please confirm that the above-referenced establisment was inspected as a restaurant, and not a club. The permit only says "assemblies" which doesn't specify the inspected usage. Thanks in advance for your assistance. Respectfully, Vincent T. Brown,Esq. The Brown Law Group,LLC 847 NW 119th Street Suite 202 Miami, Florida 33168 305 688 7500 tel. 305 688 7501 fasc. vtblaw @bellsouth.net email Sent from Yahoo Mail on Android EXHIBIT umn Subject: FW:KLUB 24 CABARET_VALET 24 LLC 3699 NW 135 Street_5000a1 Prom: Gerald J,Lee(gilee @OpaLockafl.gov) To: eabia Opalockafl.gov;vtbtaw@bellsouth,net vbrown @Opaiockafl.gov; Cc: ggay @Opalockafl.gov;ebrown @Opatockafl.gov; Date: Tuesday,March 13,2018 11:09 AM Mr.Abia, Miami-Dade RER(DERM)sent this request to P&CD and we are unable to provide this information. Sincerely. Gerald d.Lee,Planner/Zoning Official Planning&Conununity Development Dept. OPA-TISHA-WOCKA-LOCKA The[i?2 F.°r CITY 780 Fisherman Street/Opa-Iocka,FL 33054 C:305-807-8545 P:305 953-2868 X-1502 F:305-953-3060 ;ieefii.;gp� 8f].go� www.opalockaf1,29. Under Honda taw.rmail addresses are public words.if you do not want your e-mail address released in response to a pubic-records request do not send otoctronlc mail to this entity monad.contact than office by phone or or wnt.ng. From:Lezcano,Frank(RER)j mailto:Frank.Lercano(n@miamidade.gov) Sent:Tuesday,March 13,2018 10:42 AM To:Gerald J.Lee<gjlee @OpaLockafl.gov> Cc:Gregory Gay<ggay @Opalockafl.gov>;Kinshanota Hall<khali @Opalockafl.gov> Subject:RE:KLUB 24 CABARET_VALET 24 LLC_3699 NW 135 Street_5000sf Good morning Mr.Lee. I searched our records but the facility doesn't have a grease trap operating permit under the subject name and has nut been active since 2008. If a facility changes owner.use or has been closed for some time they must update their operating permit with the county.These facility include all eating establishment which hay,:a grease trap,industrial waste permits,private lift stations.facilities that handle,store or generate industrial waste,etc. I have forward this to our grease trap section for further information.Thank you for your time on this matter. Best regards, Frank Lezcano,Engineer III Environmental Plan Review Miami-Dade Department of Regulatory and Economic Resources Overtown Transit Village 701 NW I st Court.2nd Floor Miami.Florida 33136 Phone(305)372-6502 Fax(305)372-6550 "Delivering Excellence Eve!),Day" Please consider the environment before printing this email. From:Gerald 3.Lee[ma ilto-gj ;c-rGQpaLockafl,g23 Sent:Monday,March 12,2018 2:40 PM To:Lezcano,Frank(RER) Cc:Gregory Gay;Kinshannta Hall Subject:RE:KLUB 24 CABARET_VALET 24 LLC_3699 NW 135 Street 5000sf This is an EXTERNAL email. Exercise caution. DO NOT open attachments or click links from unknown senders or unexpected emails. Please cli• Mr.Lezcano, In the Planning&Community Development Department our contribution is this matter is to provide guidance for zoning and assist in the planning!site plan review process. The previous use at this site was for a restaurant and lounge use which was"approved"by DERM previously. Since the venue was understood to be a continuation as a restaurant and lounge,we arc not sure that a review by DEEM would be necessary.as their initial request was for a restaurant and lounge. The new use,Adult Entertainment,is a use that requires special exception review and approval. Since this venue did not go through the special exception process as required,this question remains unanswered. Business License applications are processed by the Building&License Department. This department(Bldg.&Lie.)also directs the appropriate businesses to DEEM as a part of the license approval process. Please contact Mr.Esin Abia.Director of this Department for additional information regarding this approval. Sincerely, Gerald J.Lee,Planner/Zoning Official Planning&Community Development Dept. OPA-T IS 1-1 A-W OCKA-L OC KA The(tit EAT CITY 780 Fisherman Street j Opa-locka,FL 33054 C:305-807-8545 P:305 953-2868 X-1502 F:305-953-3060 gii'o@:opalockafl.gov www.opalockati.ga. Uhler Florida law,e-mail addresses are public records.If you do not want your e-mail address released is response to a public-moods request.do not:end electronic mad to this entity.Instead.contact this office by phone ore wrung. From:Lezcano,Frank(RER)[mailto:Frank,Lezeano! Good morning Gerald,hope you're doing well today. I have to follow-up on the email below this morning and was wondering if there was any new development with the subject matter, Thank you_ Frank Lezcano,Engineer III Environmental Plan Review Miami-Dade Department of Regulatory and Economic Resources Overtown Transit Village 701 NW 1st Court,2nd Floor Miami,Florida 33136 Phone(305)372-6502 Fax(305)372-6550 "Delivering Excellence Every Day" Please consider the environment before printing this email From:Lezcano,Frank(RER) Sent:Tuesday,March 06,2018 11.38 AM To:'Gerald J.Lee' Subject:FW:KLUB 24 CABARET_VALET 24 LLC_3699 NW 135 Street 5000sf Hi Gerald, Please see email below.Did the City send them to us for the change of use. Thank you, Frank Lezcano,Engineer HI Environmental Plan Review Miami-Dade Department of Regulatory and Economic Resources Overtown Transit Village 701 NW 1st Court,2nd Floot. Miami.Florida 3.136 Phone(3051372-6502 Fax(305)372-6550 "Delivering Excellence Every Day" Please consider the environment before printing this email. From:Guerrero,Cristian(RER) Sent:Tuesday,March 06,2018 11:21 AM To:Lezcano,Frank(RER) Cc:Rondon,Delia(WASD);Delgado,Luis(WASI));Marsellos,Evangelos E.(WASD);AIvarez,Sandra P.(WASD):Hernandez,Carlos P.E.(RER):Whittaker,Homer (WASD) Subject:RE:KLUB 24 CABARET_VALET 24 LLC_3699 NW 135 Sired 5000sf Frank. Please reach out to the City to inquire about this project. Thank you. From:Whittaker,Homer(WASD) Sent:Monday,March 05,2018 11:21 AM To:Guerrero,Cristian(RER)<Cristian,Guerrero @mia:nidade,goo> Cc:Rondon,Delia(WASD)<Delia.Rondon;rimianti Jade.gL>;Delgado.Luis(WASD)<),un,[3gygado2(dintamidade g >;Marsellos,Evangelos E.(WASD) <ivaneclos Marsclkos(itmiamidade.gn,>;Alvarez,Sandra P.(WASD)<Sandra.Alvarez(iimiamidade.gt_v>;Hernandez,Carlos P.E.(RER)<Carlos 11crnandcz3,amianridade ...>; Lezcano,Frank(RER)<Frank,I.czcano(g,miamidade.ggv> Subject:RE:KLUB 24 CABARET_VALET 24 LLC_3699 NW 135 Street_5000sf Hi Cristian,thank you. In a situation such as this one.is DERM required to follow up with any enforcement-type action? Homer Whittaker New Business Admin.Officer 2 Miami-Dade County Water and Sewer Department, Recovery&Disbursement Unit 3575 South LeJeune Road Miami,Florida 33146 Telephone:(786)268-5244 Fax: (786)268-5150 www.miamidade.goviwater Connect With Us on Tw ncr Facenook l JAU I.MUK.W[RO MIC GROWTH. WRILIUMMILPItelle ma From:Guerrero,Cristian(RER) Seat:Monday,March 5,2018 10:23 AM To:Whittaker,Homer(WASD)<Homer Wttittakerig:miamidade sos> Cc:Rondon,Delia(WASD)<t?ciia,Rond<m;u rniamidade._iov>;Delgado,Luis(WASD)<J.uis.Delgadn2(i tni ttnidadc.ec?;Marsellos,Evangelos E.(WASD) <l;,'5t,elos.Marsrlios(acmiumidade.gm>;Alvarez,Sandra P.(WASD)<Sandra.Alvarerki mianudade,got>;Hernandez,Carlos RE.(RER)<Carlos.Hernandez3 a miantidade.gos->; Lezcano,Frank(RER)<Frank.Lezcann@;ptiamidade.ga,> Subject:RE:KLUB 24 CABARET_VALET 24 LLC_3699 NW 135 Street_5000sf Hello Homer, I could not find a DERM record of this change of use under the address provided. Thank you, From:Whittaker,Homer(WASD) Sent:Monday,March 05,2018 7:53 AM To:Guerrero,Cristian(RER)<Cristian,Cuerrero(n;:tniamidade.gov>;Hernandez,Carlos P.E.(REP,)<Carlos_Hemander i@.niiamidide.aLy:> Cc:Rondon,Delia(WASD)<D elia.Rondonf miamidade goti>:Delgado,Luis(WASD)<Luis.Delegdo2 u miamidade._os->;Marsellos,Evangelos E.(WASD) gelos.vtar;ellos«ilmiantidade.ug±>;Alvarez.Sandra P.(WASD)<Sandra,Alvarcz ;:ntiamidade.t > Subject:KLUB 24 CABARET_VALET 24 LLC_3699 NW 135 Street_5000sf Importance:High Good Morning,Cristian/Carlos. An article in the Miami Herald.3/3/2018,profiled the Club 24 Cabaret @ the above referenced address which has been open to the public 24/7 since January 2018. The article explains that this"adult entertainment"facility currently operates under a'temporary 90 day Certificate of Occupancy which expires April 20,2018.One Opa Locka commissioner(Pigatt)at a recent commission meeting,opined that this establishment ought not to be open for business. Has this change of use from detimct restaurant(Crabby s)to 5000sf cabaret lounge been reviewed by your office? Homer Whittaker New Business Admin.Officer 2 Miami-Dade County Water and Sewer Department, Recovery&Disbursement Unit 3575 South LeJeune Road Miami,Florida 33146 Telephone:(786)268-5244 Fax: (786)268-5150 www.miamidade goviwater Connect With Us on Twitter Faretxu,k QIMI.ITY VIII LECNO IIC GliffiV111. 1Altll.11/10/IIIESSIM THI ll Public Records Notice:Under Florida Law,email addresses and electronic communications are public records.If you do not want your email address or the content of your electronic communication released in response to a public records request,do not send electronic mail to this entity. Public Records Notice:Under Florida Law,email addresses and electronic communications are public records.If you do not want your email address or the content of your electronic communication released in response to a public records request,do not send electronic mail to this entity. Attachments • image001 jpg(2.70KB) • image002.png(8.86KB) 2015 LAND DEVELOPMENT REGULATION SUSTAINABLE OPA-LOCKA 2015 LAND DEVELOPMENT REGULATIONS (ADOPTED) The work that provided the basis for this publication was supported by funding under an award with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government. ADULT BUSINESSES / ADULT ENTERTAINMENT ESTABLISHMENTS Sustainable opo-Lours 2015 Land Development Regulations Article IV. Districts, Permitted Uses and Development Standards ARTICLE IV. DISTRICTS, PERMITTED USES, AND DEVELOPMENT STANDARDS Sec.22-75. Purpose The creation of districts and standards allows for classifying and regulating the use and development of lands and waters in the City. These districts are established for the purpose of protecting, promoting, and improving the public health, safety, and welfare. These districts regulate the location of uses and the types and forms of development and buildings that may occur within their boundaries. Sec.22-76. Use Definitions The following definitions pertain to and describe permitted uses in the City of Opa-locka. Accessory use, building or structure - A use or structure subordinate to the principal use of a building or parcel of land, on the same or contiguous to that parcel of land and serving a purpose customarily incidental to the use of the principal building or parcel of land. Adult business - Any premises within the city where members of the public, or any person for consideration, are offered any live or recorded performance, or any visual image tangibly fixed in any medium, which performance, image, or recording has as its primary or dominant theme subject matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, and which performance, recording, or visual image requires the exclusion of minors from the premises pursuant to F.S. ch. 847. Adult day care-Any building or buildings, or other place, whether operated for profit or not,which undertakes through its ownership or management to provide, for a part of the twenty-four-hour day, basic services to three (3) or more adults, not related to the ownerloperator by blood or marriage,who require such services. Adult congregate living facility-Any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, Iv-1 Sustainable Opa-Loma 2015 land Development Regulations Article IV. Districts, Permitted Uses and Development Standards tennis courts, ball courts Townhouses P P P P Unattached A A A garages/carports Utility sheds, storage A A A A A buildings, fallout shelters Watchmen, manger or A A caretakers quarters — permanent,temporary Wireless antenna A A A A A support structures, amateur radio antennas Sec.22-80.-Permitted Uses Table—Commercial Districts Q B-] BB=2 B-3 Awnings, canopies, A A A A carports, roof overhangs, balconies, architectural structures Adult bookstore SE Adult daycare SE SE SE Animal boarding SE P Artist studio P Animal grooming SE P P Appliance, furniture, P P electronic repair and rental Auto service station SE SE Banquet hall SE P B-t first uses B-2 first uses P P IV-21 Sustainable Opa-Locka 2015 Land Development Regulations Article IV. Districts, Permitted Uses and Development Standards Vending machines, video A A A A arcade games Veterinary clinic SE P P Watchman, manager or A A A A caretakers quarters - permanent,temporary Wireless antenna support A A A A structures, amateur radio antennas Sec,2241. Permitted Uses Table-Industrial Districts >� i_3 !-4 Adult businesses SE P Automobile or auto P parts junkyards Auto broker as per P Ordinance 11-05 Auto service station- P P P (filling station for service vehicles for a licensed business, not visible from street) Automotive wrecking P yards Awnings, canopies, A A A carports, roof overhangs, balconies, architectural structures B-i first uses * P (adjacent to IV-25 Sustainable opa-Locko 20/30 Land Development Regulations Article V. Supplemental Regulations (F) Revocation of Permit The Director may revoke an Event Permit at any time upon the failure of the owner or applicant of the use covered by the permit to observe all requirements of the permit, this Section and other relevant provisions of law, including failure to obtain appropriate business licenses. Notice of such revocation shall be given in writing by the Director to the owner or operator of the use, by hand delivery or certified mail, setting forth the reasons for the revocation, the date and time upon which the revocation is effective and the appeals procedure. This provision shall not preclude the use of any other remedy prescribed by law with respect to violations of the provisions of this Code. Sec.22-136. Regulations of Adult Entertainment Establishments (A) Authority. This article is enacted pursuant to the City's power to enact regulations to protect the public health, safety, and general welfare of the residents of the City,Chapter 166 of the Florida Statutes. (B) Findings. Based on the evidence and testimony presented before the City Commission and on the findings incorporated in the"Survey of Texas • Appraisers — Secondary•Effects of Sexually-Oriented Businesses on Market Values" study by Connie B. Cooper, FAICP and Eric Damian Kelly, FAICP in association with David C. Keuhl,. Ph.D. and Shawn Wilson, MM (2008)(Texas); "Crime-Related Secondary Effects — Secondary Effects of "Off-Site" Sexually Oriented Businesses" study by Richard McCleary, Ph.D. in association with Alexi Alexander, J.D., Larry Bush, M.A., and Mark Vasquez, B.A. (2008) (Texas); "Crime-Related Secondary Effects of Sexually-Oriented Businesses: Report To The City Attorney" by Richard McCleary, Ph.D. (2007)(Los Angeles, California); "Survey of Findings and Recommendations of Sexually Oriented Businesses" by Eric Damian Kelly, PhD, FAICP and Connie B. Cooper, FAICP (August 2002) (Toledo, Ohio); "A Report on the Secondary V-39 Sustainable Dna-Locke 20/30 Land Development Regulations Article V. Supplemental Regulations impacts of Adult Use Businesses in the City of Denver," by the Zoning Administration, Office of Planning and Development, Department of Public Safety, Department of Excise and Licenses,Assessor's Office, and in consultation with the City's Attorney's Office; Denver, Colorado (January 1998); "An Analysis of the Effects of SOBs on the Surrounding Neighborhoods in Dallas,Texas"by Peter Malin,MAI for Office of the City Attorney (April 1997); "Sexually Oriented Business Ordinance Revision Committee Legislative Report, Houston,Texas (January 7, 1997); "Adult Use Study," by the Newport News Department of Planning and Development, Newport News,Virginia(March 1996);"Report to American Center for Law and Justice on the Secondary Impacts of Sex Oriented Businesses," by Peter R. Hecht, Ph.D. of the Environmental Research Group (March 31, 1996); "Adult Entertainment Study" by Department of City Planning, City of New York(November 1994); "Adams County Nude Entertainment Study° by the Adam's County Sheriff's Department (1991)(Colorado); "Adult Entertainment Business Study for Manatee County, Florida," by Manatee County Planning and Development Department (June 1987); "Effects of Adult Entertainment Businesses on Residential Neighborhoods," by the Department of Planning, Research and Development, City of El Paso, TX .(Sept 26, 1986); "NLC Summaries of "SOB Land Use" Studies, Crime Impact Studies by Municipal and State Governments on Harmful Secondary Effects of Sexually-oriented Businesses," National Law Center for Children and Families, 1991, 1994, 1996, 1997, 1999,2000,2001,2002,2005;the City Commission hereby finds as follows: 1. Establishments exist or may exist within the City where books, magazines, motion pictures, videos, prints, photographs, periodicals, records, novelties,and devices that depict, illustrate, describe,or relate to specified sexual activities are possessed, displayed, exhibited, distributed,and sold. 2. Establishments exist or may exist within the City where: v-4o Sustainable cpa-1ocka 20/30 Land Development Reputations Article V. Supplemental Regulations a. The superficial tissues of one person are manipulated, rubbed, stroked, kneaded, or tapped by a second person, accompanied by the display or exposure of specified anatomical areas; b. Dancers, entertainers, performers, or other Individuals, who, for forms of commercial gain, perform or are presented while displaying or exposing specified anatomical areas;or c. Lap dancing occurs. 3. The activities described in subsections (1) and (2) occur at establishments for the purpose of making a profit, and, as such, are subject to regulation by the City in the interest of the health, safety, and general welfare of City residents. 4. The competitive commercial exploitation of such nudity and semi- nudity is adverse to the pubic's interest,quality of life,tone of commerce, and total community environment. 5. The commercial exploitation of nudity and semi-nudity consists of the use of nude and semi-nude entertainment in connection with or for the promotion of the sale of goods or services, and the receipt of money by the person engaging in nude or semi-nude entertainment in exchange for or as consideration for nude or semi-nude performance by such individuals. (C) InWaanitaugrg&.Andgacalm. It is the intent and purpose of this section to regulate the location and separation of adult entertainment uses, referred to herein as"regulated uses,"which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when they are located near properties zoned, planned or developed with incompatible uses, thereby having a deleterious effect upon the adjacent areas. Further, it is recognized that the location of even one (1) regulated use near an incompatible use V-41 Sustainable opa-meta 240e Land Development&Ivo lotions Article V. Supplemental Regulations causes such deleterious effects on that area. Special regulation of these uses Is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding area. The regulations seek to prevent a concentration of regulated uses in any one (1) area. This article has neither the purpose nor the effect of limiting or restricting access by adults to sexually oriented, non-obscene materials protected by the First Amendment, or denying access by the distributors and exhibitors of sexually oriented entertainment to their intended market. (0) Exemptions. This section shall not apply to accredited universities, colleges or other educational institutions; libraries, art galleries, museums, art exhibits and galleries open to the public; arts and cultural performance theaters and playhouses; or commercial professional photography and portrait studios which may use nude subjects for their photographs or portraits. Such uses shall not be considered regulated uses. (E) Location. Regulated uses shall be permitted only within the Transit Corridor zoning district. (1) No person shall cause or permit the operation of any proposed regulated use within the following minimum distances from any existing uses specified below: a. Places of worship, 1,000 feet; b. School, 1,000 feet; c. Public park, 1,000 feet; d. Residential—1,000 feet e. Another regulated use,300 feet;and v-42 Sustainable opa-lodra 20/30 Land Development Regulations Article V. Supplemental Regulations For purposes of this section the term "school" shall be defined as any premises or site upon which there is a day care center, nursery school, pre-kindergarten, elementary school, middle school, high school, or library, (2) The subsequent establishment of the uses listed in (a)(1)through(4) within these distances of an existing regulated use shall not change the status of the regulated use to that of a nonconforming use. (3) The distance provided for in this section sham be calculated by airline measurement from property line to property line, using the closest property lines of the parcels of land involved. Where the distance is measured to a roadway, it shall be calculated from the property tine of the regulated use to the edge of the right-of-way for the roadway. For purposes of this subsection, the term"parcel of land" means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as Land to be used or developed as a unit or which has been used or developed as a unit. (4) Variances to the location standards of this section shall not be allowed. (F) Certified Survey. For purposes of establishing the distance between regulated uses, other regulated uses and incompatible uses, as set forth above, the applicant for any regulated use shall furnish a certified survey from a registered surveyor indicating the distance from the regulated use, any other regulated use and any incompatible use as set forth above. In case of any dispute, a measurement scaled by the Director of the Planning and Community Development Department shall govern. For the purposes of this division, all measurements of distances shall be along a straight airline route from the nearest point on the property line of any property which is regulated hereunder to the nearest point on the property V.43 Sustainable Opa-tadro 20/30 Land Development Regulations Article V. Supplemental Regulations line of any property or use described in paragraph (E) above. If the property is one of multiple separate but attached bays designed for separate businesses, the property line of the parcel that contains the multiple-bay structure shall be considered the property line for purposes of this measurement. Therefore, no more than one regulated use may be located in any one structure, even if that structure contains multiple, separate but attached bays designed for separate businesses. (G) Prohbltpd Uses. Adult mini motion picture theaters, adult booths, and outdoor adult theaters are hereby prohibited within the City of Opa locka. (H) Penalties. Any person violating the provisions of this article shat, upon conviction, be subject to the penalties of the Land Development Regulations, City Code,or by any other means authorized by law. Sec.22-137. Alcoholic Beverages (A) No alcoholic beverage sales • „'.a shall be permitted upon premises closer than 1,W0 feet from any religious fac it y, school c r res:. - iAka.r R-2 zon-.. property only)area or li ishment without royal by ha ,Commission. Other Qtbm'ossismedirminaftELIAtsgatamo reauirement, (B) In reviewing an application for alcoholic beverage sales (package), the City Commission shall consider,but not be limited to the following criteria: 1. Location of building on the site. 2. Location of entrances and exits to the licensed establishment. 3. Proposed hours of operation. 4. Other uses of business adjacent to or between the licensed establishment and the religious facility or school. V-44 Sustainable Opa-tocka 20/30 Land Development Regulations Article V. Supplemental Regulations 5. Vehicular and pedestrian paths between the licensed establishment and the religious facility or school. 6. That the location is not detrimental to the public health,safety and welfare. (C) The 1,000 foot distance requirement shall be property line to property line, except in the case of religious facilities, which shall be measured pedestrian pathway from front door to front door. In the case of religious facilities in industrial areas,the distance required shall not apply. sic.22-138. Unity of Title Requirements for Residential Development (A) In order to assure that proposed development are developed in substantial compliance with proffered plans approved b public hearing, the Director may, when he deems It necessary in order to preserve the integrity of a development, require a property owner to file a unity of title, or other similar agreement or covenant,on a form approved for legal sufficiency by the City Attorney. • (B) Maintenance of common areas and facilities 1. A homeowners'association,or similar association,shall be created for the entire development as a master association which shall provide for the maintenance of all common areas, roadways, cross-easements and other amenities common to the entire parcel of land. This does not preclude individual associations for each phase in regard to maintenance of buildings and other common areas so long as said associations, or the members thereof,are made members of the master association,or, 2. The property owner shall execute and record among the public records a covenant running with the land for the entire property providing for the maintenance of all common areas, roadways, cross-easements and other amenities common to the entire parcel of land. This does not preclude individual associations for each phase in regard to maintenance of buildings and other common areas. V-45 Sustainable Opa-Locko 20/30 Land Development Regulations Article VI. Off- Street Parking and Loading Requirements SELF-STORAGE FACILITIES 1 per 2,500 square feet ADULT USE OR BUSINESS 1 parking space per booth plus 1 parking space for each 4 fixed seats in the rriain auditorium for adult motion picture theaters 1 parking space for each forty (40) square feet of customer service area, including waiting area, in conformance with the off- street parking requirements for adult dancing establishments. 1 parking space for each two hundred (200) square feet of gross floor area for encounter studio/modeling studios, and any other regulated use not covered by the off-street parking requirements of Article. NOTES (A) Parking shall only be allowed in designated spots. (B) Gross Floor Area is used in calculating square feet. (C) For uses not referenced but similar to one of the above categories the Director shall determine the number of required parking spaces. (0) If more than one use is within one building or development, parking for said uses shall be calculated separately. (E) Loading areas in front of warehouse buildings will not be counted towards parking requirements. (F) The maximum number of spaces for any development cannot exceed the minimum for that use by more than 10%. Reduction in the required parking may be considered based on the mix of uses and an approved Shared Parking Management Plan. Reductions in parking may not exceed 10%of the required number of spaces. vi-so Sustainable opa-Locha 20/30 Land Development Regulations Article XL Definitions of the principal structure.Where there is no principal structure on the lot, the accessory structure shall be considered as a principal structure for the purpose of the height, area and bulk regulations. These accessory buildings or structures may include but are not limited to the following: generators, pools, whirlpool spas,courts,cabanas,chickee huts, gazeboes, sheds, detached garages and carports, antennas and wireless telecommunications facilities. Accessory dweilino unit An ancillary or secondary living unit (that has a separate kitchen, bathroom, and sleeping area) existing either within the same structure, or on the same lot, as the primary dwelling unit. Addition to existing building Any construction or alteration which increases the size of a building. Adjacent property Property that touches or is directly across a street, private street or access easement, or right-of-way (other than a freeway or principal arterial)from the subject property. Adult business Any premises within the city where members of the public, or any person for consideration, are offered any live or recorded performance, or any visual image tangibly fixed in any medium, which performance, image, or recording has as its primary or dominant theme subject matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, and which performance, recording, or visual image requires the exclusion of minors from the premises pursuant to F.S.ch. 847. Adult conareaate livina facility X1.-2