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HomeMy Public PortalAbout18-9491 Brown Law Group to represent the City vs B & G Holdings Sponsored by: City Attorney RESOLUTION NO. 18-9491 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE BROWN LAW GROUP, LLC, TO REPRESENT THE CITY OF OPA-LOCKA IN B & G OPA HOLDINGS, INC., AND B & G OPA LAND HOLDINGS, LLC, d/b/a KLUB 24 v. CITY OF OPA LOCKA, FLORIDA, CASE NO. 18-11909 CA 01; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 16, 2018, the Plaintiff filed an Emergency Motion for Injunction and an accompanying Complaint against the City of Opa-locka("City"); and WHEREAS, the City Commission finds that it is in the best interest of the City to authorize The Brown Law Group, LLC to provide representation to the City in B & G Opa Holdings, Inc., and B & G Opa Land Holdings, LLC, D/B/A Klub 24 v. City of Opa Locka, Florida, Case No. 18-11909 CA 01. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND 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 Pursuant to the agreement the City has with The Brown Law Group, LLC, the City Commission authorizes The Brown Law Group, LLC to represent the City in B & G Opa Holdings, Inc., and B & G Opa Land Holdings, LLC, D/B/A Klub 24 v. City of Opa Locka, Florida, Case No. 18-11909 CA 01 attached hereto as Exhibit A. 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. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. Resolution No. 18-9491 PASSED AND ADOPTED this 9th day of May, 2018 � , / ■ Tyra L. Taylor Mayor At -.t to: Approved as to form and legal sufficiency: IC t).--L4\- 4k-U- ''''' '-Th K'---; Joa a Flores BROWN LAW GROUP, LLC Cityyt lerk City Attorney Moved by: VICE MAYOR KELLEY Seconded by: COMMISSIONER HOLMES Commissioner Vote: 4-1 Commissioner Holmes: YES Commissioner Riley: NO Commissioner Pigatt: YES Vice Mayor Kelley: YES Mayor Taylor: YES Filing # 70754663 E-Filed 04/16/2018 01:23:52 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA B & G OPA HOLDINGS, INC., a CASE NO.: a- 11109 C iA 01 Florida Profit Corporation and B & G OPA LAND HOLDINGS, LLC, A Florida / ,f,C,i-i . Limited Liability Company, d/b/a KLUB 24, i ltrY way\. it,'.. J - A S-C-', Plaintiff, ' � � U CITY OF OPA LOCKA, FLORIDA, a Political (7 ' Subdivision of the State of Florida, (, <� � i �a Defendant. r , j;-, SUMMONS 20 DAY CORPORATE SERVICE THE STATE OF FLORIDA: TO EACH SHERRIFF OF THE STATE: YOU ARE COMMANDED to serve this summons and a copy of the complaint and Notice of Lis Pendens in this lawsuit on the above-named defendant. CITY OF OPA LOCKA 780 Fisherman Street 4th Floor Opa Locka , FL 33054 IMPORTANT A lawsuit has been filed against you.You have 20 calendar days after this summons is served on you to file a written response to the attached complaint with the clerk of this court.A phone call will not protect you.Your written response,including the case number given above and the names of the parties, must be filed if you want the court to hear your side of the case.If you do not file your response on time,you may lose the case,and your wages,money,and property may thereafter be taken without further warning from the court.There are other legal requirements.You may want to call an attorney right away.If you do not know an attorney,you may call an attorney referral service or a legal aid office(listed in the phone book). If you choose to file a written response yourself,at the same time you file your written response to the court you must also mail or take a copy of your written response to the"Plaintiff/Plaintiffs Attorney"named below. LAW OFFICE OF RAVEN LIBERTY,P.A. Attorney for Plaintiff 1175 N.E. 125`s Street.,Suite 215 Miami,FL 33168 (305)459-0756 Pleadings.liberty@grnail.com tr;. DATED: BY: DEPUTY CLERK OF COURT Filing # 70754663 E-Filed 04/16/2018 01:23:52 PM IN THE CIRCUIT COURT OF THE 1 ITH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA B & G OPA HOLDINGS, INC., a CASE NO.: Florida Profit Corporation and B & G OPA LAND HOLDINGS, LLC,A Florida Limited Liability Company, d/b/a KLUB 24, Plaintiff, vs. CITY OF OPA LOCKA, FLORIDA, a Political Subdivision of the State of Florida, Defendant. VERIFIED COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF COMES NOW, Plaintiffs B &G OPA HOLDINGS, INC. and B & G OPA HOLDINGS, LLC collectively d/b/a KLUB 24 (the "Plaintiffs"), by and through the undersigned counsel, hereby files this, its Verified Complaint for Declaratory Judgment and Injunctive Reliefs against the CITY of OPA LOCKA, a Political Subdivision of the State of Florida, (the"Defendant"), on personal knowledge as to those matters with which the Plaintiffs were personally involved, and on information and belief as to all other matters, as follows: PARTIES, JURISDICTION, AND VENUE 1. This is an action for Declaratory Judgment and Supplemental legal and equitable relief pursuant to Chapter 86, Florida Statutes. 2. This is an action for injunctive relief 3. This Complaint seeks redress to prevent imminent violations of the Plaintiff's rights,privileges, and specifically seeks redress for the imminent deprivation under color of state statute, ordinance, regulation, custom or usage of rights,privileges, as well as immunities secured by the First, Fifth, and Fourteenth Amendments to the Constitution of the United States. 4. Plaintiff, B & G OPA HOLDINGS, INC, is a Florida for Profit Corporation doing business at 3699 NW 135th Street, Opa Locka, Florida . 5. Plaintiff, B & G OPA LAND HOLDINGS, LLC, is a Florida limited liability Company doing business at 3699 NW 135`h Street, Opa.Locka, Florida. 6. Defendant, City of Opa Locka, is a political subdivision of the State of Florida. 7. The Plaintiff requests a speedy hearing and advance on the Court's trial calendar pursuant to Fla. Stat. § 86.111. 8. Venue is proper in Miami-Dade, County Florida, as the Defendant is located in Miami-Dade County, Florida. FACTS 10. This action arises out of Defendants' actions and inaction concerning Plaintiffs Business License#990008920 and Certificate of Occupancy. 11. On or about March 4, 2016 the Plaintiff was notified by the Interim City Manager that on behalf of the city of Opa Locka it was understood that the Plaintiff had the intent to open a nightclub inclusive of adult entertainment. See Copy of letter dated March 4, 2016 and attached hereto as Exhibit"I" and made part of the Complaint through this reference. 12. The letter of March 4, 2016 further advised that the Plaintiffs application would be forwarded to the City Commission for final approval, and that the legal sufficiency of the Plaintiffs request would be heard within the next three(3)regular commission meetings. See Exhibit"1"attached hereto. 13. Prior to the events described below the Plaintiff was operating their business under License Number 990008920, issued on January 4`", 2017 with an expiration date of September 30, 2018. See Copy of License Number 990008920 attached hereto as Exhibit"2"and made part of this Verified Complaint for Declaratory Judgment, Declaratory And Injunctive Relief And Damages through this reference. 14. Prior to the events described below the Plaintiffs were issued certain Temporary Certificate of Occupancy No. 0117 on January 17, 2018 that is due to expire on April 20, 2018. See Copy of Temporary Certificate of Occupancy attached hereto as Exhibit"3" and made part of this Complaint through this reference. 15. Prior to the Plaintiffs occupation of the Property it was an abandoned restaurant, from the inception to date the Plaintiffs have invest approximately Seven Hundred Thousand ($700,000.00) Dollars into the renovation of the building, not including the cost of acquiring the parcel. • 16. On or about January 18, 2018 the Plaintiff had its grand opening. 17. On or about February 12, 2018 the Office of the City Attorney prepared a Memorandum stating that it was the opinion of the City Attorney that the Klub 24 is not permitted to operate. See Copy of Office of City Attorney Memorandum attached hereto as Exhibit"4"and made part of this verified Complaint through this reference, 18. On March 23, 2018 an email was sent from the Director of the Building Department, Esin Daniel Abia stating that the Plaintiff applied for the final certificate of occupancy for their business and that all concerned had 7 days to inspect the building and give a report. See Copy of • Email attached hereto as Exhibit"5" and made part of this Verified Complaint through this reference. 19. On or about March 28th 2018 Resolution No. 18-9478 was passed and adopted by the City Commission, subject to the approval of the Governor or his designee. See Copy of approved Resolution No. 18-9478 attached hereto as Exhibit"6" and made part of this Verified Complaint through this reference. 20. On or about April 2nd the Plaintiff along with their then attorney of record,met with the Office of the City Attorney; City manager Ed Brown; The Director of Building& Licensing Department, Esin Daniel Abia, along with Karl Ross, the investigator for Miami-Dade County Commission on Ethics and Public Trust. 21. At the meeting on April 2nd, 2018 it was announced by the Director of Building & Licensing that he was going to revoke the Temporary Certificate of Occupancy,hereinafter referred to as (the"T.C.O.") based upon the assertions made by the City Attorney, Vincent Brown. 22. In response Attorney Vincent Brown stated that he never said that the T.C.O was obtained illegally and specifically told the Director of Building& Licensing Department, Esin Daniel Abia, not to revoke the Plaintiffs T.C.O.. 23. Moreover, Attorney Vincent Brown stated in meeting that the possibility of a Six Hundred Fifty Thousand ($650,00.00)Dollars that was suggested by Commissioner Timothy Holmes as a fine, which may help move the process along, and suggested that counsel for the Plaintiffs send a letter offering to do pay the above referenced amount of money as a fine for the Plaintiffs non compliance. 24. After the April 2'1'2018 meeting concluded ,the City Manager issued a Memorandum setting forth the outcome of the meeting earlier that day, further and the discussed the plan of action to be taken by the City of Opa Locka. 25. Moreover in this memorandum dated April 2, 2018, the City Manager requested the City Attorney Vincent Brown, Esq. prepare a document providing guidance on the procedure and statement of facts regarding the alleged grounds for revocation of the license. See Copy of Memorandum City Attorney Ed Brown dated April 2, 2018 attached hereto as Exhibit"7"and made part of this Verified Complaint through this reference. 26. Also on April 2, 2018 Director of Building& Licensing Department, Esin Daniel Abia, circulated another email summarizing the meeting that was held on April 2, 2018, and specifically stated that the Building Official were withdrawing their letter to revoke the T.C.O. based upon the assertion made by the City Attorney Vincent Brown, Esq that that he did not place on the record that the City has issued the license in error. See Copy of Email attached hereto as Exhibit"8" and made part of this Verified Complaint through this reference. 27. In response to this email the City Attorney Vincent Brown, Esq sent an email correcting the Building Depttment Director in his characterization that the April 2nd,2018 was a"Due Process"hearing. See Copy of Email attached hereto as Exhibit"9" and made part of this Verified Complaint through this reference. 28. The Office of the City Attorney also issued a Memorandum setting forth the process to be followed in the revocation of a Business tax Receipt f/k/a/Occupational License. See Copy of Memorandum attached hereto as Exhibit"10"and made part of this Complaint. 29. Moreover, in accordance with the State and Local Agreement of Cooperation between the Governor and the City of Opa Locka, Florida, The Office of The Govenor Chief inspector General was put on Notice of Resolution 18-9478 and in response he stated via email that "Resolution 18-9478 was still under review and requested that it be put on the Agenda at the upcoming Financial Emergency Board Meeting. See Copy of Email attached hereto as Exhibit "11" and made part of this Verified Complaint through this reference. 30. On or about April 13, 2018 at 3:35 the Plaintiffs manger was served with a Cease and Desist Letter at the establishment informing the Plaintiff that the Plaintiffs business was operating in the City of Opa Locka without a license. See Copy of Letter attached hereto as Exhibit"12" and made part of this Verified Complaint through this reference. 31. On or around 4:30 p.m. April 13, 2018 members of the Opa Locka Police Department arrived at the Plaintiffs business and ordered the customers and employees out. 32. The City of Opa Locka, Florida City Commission passed legislation to shut down Plaintiff in a frenzy fueled by distorted judgment in the wake of a scandal that included the City Manager being fired as a result of his refusal shut down the Plaintiffs business. See Copy of March 7, 2018 Memorandum from City Attorney Ed Brown, attached hereto as Exhibit "12"and made part of this Verified Complaint through this reference. 33. The City of Opa Locka continues to raise the issue that the Plaintiffs are operating an adult business and that the City Code specifically prohibits adult entertainment. 34. However in looking at the 2015 Land Development Regulations Adopted,it specifically states that adult business are governed by F.S. ch. 847. See Copy of 2015 Sustainable Opa Locka Land Development Regulations attached hereto as Exhibit"11" and made part of this Verified Complaint through this reference. 35. Resolution 18-9478 is in direct conflict in that it is relying upon an ordinance that is in direct conflict of with F.S. ch. 847.09, therefore making the Resolution 18-9478 and the ordinance it relied upon illegal and unenforceable. 35. The Florida legislature was clear in the enactment of F.S. ch. 847 that no county, municipality or consolidated municipal government shall have the power to adopt any ordiance relating to the subject or after July 1, 1973. 36. Moreover, the City of Opa Locka can not enforce Resolution 18-9478 until such time that it is authorized and approved by the Governors Office, as clearly stated on the Resolution itself. 37. The City of Opa Locka is esstopped from shutting down the Plaintiffs business, as clearly stated in the Memorandum prepared by attorney Vincent Brown, Esq on April 2,2018 any denial or revocation of Plaintiffs licenses has to be in accordance with the procedures set forth in his memorandum. See Exhibit 10. 38. Plaintiffs or their counsel and not time received a letter of revocation of either their T.C.O. or their Business License. ,COUNT I ACTION FOR DECLATORY RELIEF AND INJUNCTIVE RELIEF 39. Paragraphs 1-38 are re-alleged and re-incorporated herein by reference. 40. This is an action for Declaratory Relief and supplemental legal and equitable relief pursuant to Chapters 86 and 847 of Florida Statutes. 41. The Plaintiffs are an interested party whose legal rights and privileges are effected by Resolution 18-9478 enacted by the City Commision of Opa Locka. Plaintiffs are in doubt as to whether this Resolution and the action of the City of Opa Locka thereafter are legally enforceable or is the Resolution illegal and!unenforceable. 42. The adverse legal interests of the parties are sufficient immediacy and materiality to warrant a Declaratory Judgment. 43. The request for relief is not advisory in nature. 44. By voting on and approving Resolution 18-9478 the City of Opa Locka has frustrated and deterred the Plaintiffs in their exercise of their constitutional and statutory rights and privileges. 45. Plaintiffs seek a declaration on the validity and enforceability of Resolution 18-9478. 46. Pursuant to §847.09(1) of the Florida Statutes, The City of Opa Locka does not have the power to regulate the Plaintiffs business by ordinance. But even more troubling is that it appears that the City of Opa Locka is relying upon an ordinance from 1983 that has since been replaced in 2015. 47. Pursuant to the language contained on the Resolution itself,it must be approved by the Florida Governors office, which it has not,thus it appears that the actions of the City of Opa Locka are not only unenforceable as the Resolution has yet to be approved, but also knowingly and willfully violating the State and Local Agreement of Cooperation between the Governor and the City of Opa Locka, Florida. 48. Plaintiff is being damaged daily by the actions of the City of Opa Locka. The approximate estimate is at $50,000.00 daily. WHEREFORE, the Plaintiffs ask this Honorable Court for Declaratory and Injunctive Relief: 1. A declaration pursuant to Florida Statutes and State and Local Agreement of Cooperation between the Governor and the City of Opa Locka, stating that Resolution 18-9478 is invalid and unenforceable, 2. A declaration that any and all actions taken to carry out this Resolution must be overturned immediately; 3. A declaration that the City of Opa Locka is enjoined from refusing to grant the extension of the Plaintiffs T.C.O. and that the all other licenses of the Plaintiff must remain in full force ad effect until such time legal procedure is followed, along with attorneys fees, and cost, and any other relief this Court deems necessary and just. 4. Plaintiffs ask this Court enter an order,in negative form stating that Resolution 18-9478 is invalid and unenforceable, as the Governors Office must approve all resolutions prior to there approval. 5. Plaintiffs ask this Court enter an order to repeal Resolution 18-9478 which violates Fl. Stat. Ch. 847.09. 6. Plaintiffs seek an Order of this Court extending the Plaintiffs T.C.O., so the matter may be resolved in adherence to the CURRENT and APPLICABLE laws and ordinances. 7. Plaintiffs seek an Order of this Court preventing the closure of Plaintiffs business by the Defendant without first providing a due process hearing, and repeal any and all letters or directing any agents of the City of Opa Locka to close the subject matter establishment 8. Plaintiffs as this Court to reserve jurisdiction to provide further relief as this Court deems necessary and just. 9. Plaintiffs have retained the Law Office of Raven Liberty, P.A., and agreed to pay for her professional services as a result of the malfeasance of the City of Opa Locka, and other relief this Court deems necessary and just. VERIFICATION OF COMPLAINT Under penalty of peijury, I declare that I have read the foregoing and the facts alleged therein are true and correct to the bes f my k off e ge any •- ief. By: Printed Narne: Gre Ber er Title: Manager and President For: B & G OPA I-IOLDINGS,INC and B &G HOLDINGS,INC Date: 4/15/2018 LAW OFFICE OF RAVEN LIBERTY,P.A. 1175 N.E. 125th St., Ste. 215 Miami,FL 33161 Telephone: 305-459-0756 Facsimile: 305-459-4457 Pleadings.Liberty(iDgmail.com LibertyOffice210Agmail.com s/Raven Ramona Libert Raven Ramona Liberty, Esq. • 6„.., ,„....c., 0,„_ ,..„......,,, ,.., • .,,.. Of:44 4 d. et.., 01144194M 14 i•: li 71. - - o, David Chlverkon t'''w Ti'7","?'"4' Telephone: (305)953-2821 Ext 12132' ." Interim City Manager ' .Pui400F Far; (3O5)95 -287O Eaten: ddliKTIVE@PINdiedilaggl Muth 4,2016 EXHIBIT D&0 Holdings,Incorporated Auction: Mr.Eddie Dean,Principal Dear Mr. Dean: It was a pleasure meting with you regarding your desire'to open an emahlishment witirthe City of Oro hooka,.Florida. 1*IX0mnd that you and your panner(s)vision include a nightclub that could be iticluslye:ofOult ''.entilitailirtiOit'PleAst4.401104 iltiltli0 1A;1414VnIe new.bwint*in'the City;The opportunity is tb be „ .. ..- .. .,.E ..4 .:..• . 1("14.10.ihiS*11116 alVileiblO'Zonint1-3.01'01.4iidentified•PrOPetlythieation'thateomply with all . . . applicable City Zoning Reguladpns, Your application will be-forwarded to the City Commission for final approval.Thmugh Ilie process of legal'sufficiencyyour request will be heard within the next three (3)regular commission meetings, sincerely -..., 0.........S?„... vs.,. ,ficeot David Chi verton, Interim City Manager C Vincent Brown,City Attorney— The Brown Law Group Gregory(lay,Director of Community Developt!Wilt&Planning City Hall • 780 Fisherman Street,44 Floor.Opa-lockai Florida 33054 0(305)68114611 AN EQUAL CrPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP i • EXIIIBIT 2_ B& ()PA HOLDINGS LC. 3699 NW '35 St- OPA L CKp4,FL 33054 PLEASE DETACH A '`PERFORATIO4 990008920 Ctty aipa-iasa tx4c rtdxm zfcanss h1iSCAA Ctl11tS;.LL{;. „ %4 M 5:94 al r,Y.A Lrk A iL 31'64. • il; EflfYtFtXat7pi `tk 7 r 1.1 EtiSirf#L6:.10.1 On / tzi'UAW Sri 7Nt kidiiduE68 670,71-"E,;SQ4 t#1 F- rNi!flrrfi OTr+t CUj >.: # CvF�yiCSia Ur ht *Ary �4:Wt:I'm Ttsr9itYl> 4'M�f4 lkilTllir..9r;f. c milt& 7 - 4d9iLtria(yft GS[(Nra y� �_' i. # :E.t!E Tfr1tfpohS r TOT} P0401504 00ltde krr•Y igoPA-f..'h�,y� i4;ii1b AS(i fir;14'A SO dUCt9P;krsOfl��r2ar+ i$b�,. t5a t�IrIM�TEAE194GiL1TNylY VIE A 116Fd 0�l]t1 q iF1EU rt3 F.Au(up tii tlllYf#F TICF;B+�(?P/i1v tYN Or/qK CWAyACXA � . t'il • r,< , xsra>tii .iir+•iu��r . i"Y IMPtA' A z ft415�ifiE.?aiy O N L: 151 t�t"tJt "�°"" ^»•w • .....^ \ ID cry alz oP,A-LocK ( BUILDING DEPARThNT 780 FISHERMAN MEET 01PLOOR OM-LOCICA,Pt/)R IDA 33054 11i1..„,305=953-2868,.EXT 6 PAX: 305-953-2897 January 5,2017 0 dt G Opa floldings.LIC 3699 N.W. 115s4 Street ()cra-Ir)eka„f‘loiddra 13054 bear Businuss.Owner: The Lioeit.14).#99000. fiRtJP e.a.tpsnrY txtlei inelk4e$die cleseription $written in theApproval, 4-1- appliewinn tor et4tilieite'atite;:play str6use, ear,"tilVerfl Eippfri Veld lithilt enttriaintnetli.::.'':' \ 1 . Pk , Oita Pk erdt) ..livnke Clerk /op i EXIIIBIT L .. T rX.�IIBIT CITY.OF OPA-LOCKA FLORID ,13054 [ t ILr lNt DIVISION No.flij7 tkatett' 19 i "!'hc,Building t'errrtisi?:�,f,�C,,. TiJtVolio No,(1 11.1.`6.• 'tit 1114,siclr,Ipem of'the sxructurc;3 } 5 !►.4,T`�!d [i 'nut rgarY=rrt thr . .:„s"t ?I`A t:r1t:'.►, t.i� : ?l ►C 1 'lets add,ata 0rt?rc 4»ner.} _14.' #,.4elict 4001'01 ot oitf iir{i+n pr,thc.atxuciore tur v,r,:4h itrc C�:tSSt1;rjp 1M isst,cti, ..frith s- Vt lkOtin .s P ti tn. ,^ fr..!!ti`.lik C'!!?itA . A statement that the tarserAbo I)rtir ,r,of ;, ,.tr.iCtu:c Itoz been .rrl tot c;ornlritare with the requirtement&of this code for tit.occult.rxy:anti, is,it;iras 4111.;VtirAticy and the r:sie fray-which the ltttiperaed ac'cuppztcy is classified.Copy ott For huiidin�and sxruc turf✓ill ftrxxi that t dtrcutrrntstirrrt a.t tt'r .ns,i ", flo tsatx[r)proyldrA and is(mined la the tvCOrtit t,J the tiuitttin+ " a,t i,�wc�i b Depattrtti~r'.1;ls.feraflan Certificate The..name ci"thc buttd'int official: kfiv, t,trr(yf, The err tttxt u}the cr 11etitralarwhich'm,!g-✓runt t4:stivite4fµy The use ands cuiAtttc .,in rKcortlair r with t.i.c.prrt•,,iaton&nii h purr 3,:ftfiil;.i Stoit h _x' tc�3, tria}..t£ Itt.sliL4itrt't, ik.ti:'� �:4itdt� '1t,e type of ivurs.:ruciicrsi At defined at eta pits t; _ "Itsc_de.sign ock—Upaut.load: If an automaitie•prirtl•tefsyltato is p.11,44:2,1. t,bat i,rrtttr a;trinl te, system,is rr.tl;;:„ y Aprciafi.xt pul tlt and comfittext& ;t the.t,�tl.'in perm This Cenificatc iv issued to the ftixmc naznrtl loc ati.rn t 1Y inn the it xp ram et> <i;.}at i a tic Any rut=tpoi teat wilt 06hie by and t,:txript with ail applicant and ortiintunces nr bu31dln *7 y the prtrrisiu�s of{oning arziiittme�ND S9 end art and Jews itjgitsr:zirlt & aksg fthe city of Oil-Lucia,"/3rc Florid✓114 Wing C:"cx e.ant:nit other ordinance* pertaining to the.erection,CpnSt}tl Cxit?t2r.8tt8tPtt4n,.remolding or lttly 1)(buildings Or Ftuitdtng Jfl3csalx. I • . - lf* 0011°e ", City 0f Opa-Locka .., $ , .. . OffiCe of tlie City Attoniey (305)688-461 I ,. , ,,,,1. --.1 `r., ;„ :"PIALtt 'sl 780 rishertaart Street,4"'Floor.Opa-Locita, Florida 33054 ,47, 4,- c.■t.,or,... V i il PC%I TN-Brawn City.A.norney EXIIIBIT MEMORANDUki TO: Mayor and City Conunission Ed flrown,City Manager William Green.Assistant City Manager FROM; Vincent T.. Brown, City,,Attorne: •1A1-1:::: February /2.2018 RE: /3t G 01)18 Holding,Lte Willa Cipa Club ailaa and di Klub 24 At the Janua ty 24.20111 City Cutrim ission 10014-1g,questions were raiScd as to hoW II&(I Opa}foldin LLedibta Opt'Club a/k/a and dibia Klub 24("Klub 24").an adult entertainment establishment.could operate in Hie City of Opa-Locka( City)\Oen the Cily'S Zan big eA,de does not pet mit such use.. Atter reviewing all releValit documentation incloding the Z011ing Verification Form t Exhibit-A-.)and Application for CerlifiCate Of Use(Exhibit'13') I have determined that Klub 24 Cklitom.oiterate arl adlill entertainment bust ness at its current location tvithout seek irtg a special exception limn the Manning Council and City Commission_In letters dated Demrriber 16,2017, November 7,2016 January'. 3, 2017. lanuar:‘,,6, 2017,;.tild July 3. 2017(Exhibit composit(,), th e:City'S-pOSit ion Iv ag Clearly Waled. l'ursuant to Sec. 7-5.entitled Compliance prerequisite to.c ertitleate of OCCOpanCy.-Itifte building official is hereby authorized and directed to withhold the of of a certificate of occupancy is.sue4i under the provisions or the building code (Flotida fluilding Code) tOr noncompliance with the provisions or this Code." The code or OnIinances or The City of Opa-Locka (-City eode")does not specifically authorize a temporary certificate of occupancy. Theraure.,a building must be in full compliance kid ith the Florida Building Code and the City Code 1>cibre a Certificate olOcettpancy can be issued. Accordirkg to it.fiaini-Dade Fire inspector ChriStOPher Sietlileit, Killb 24 Was inspecwd ns 4 feSitlUrant and not us a ' , , i night club The regnirements kir n nightclub are(10e.c-tu titan that ofa restaurant:therefore..Klub 24 futs nut passed a lire inspection for its current use (Exhibit-D-) K lob 24"c OperatiratS Violate Sections 4.5 fflotirs ror Night Clubs). ,11 (Vaudetille. theatricals pr011ibiled 4fier /0:0p 0 .m).and 4.17(Total or Partial Nudity and Sexual Conduct Prohibited)of the City Code, n the June 26, 2017 Zoning Verification Fornt (Exhibit -Pr) the applicant stated the proposed use commercial." The Zoning Verification rorm v,(ts revicv.vti by the Departm era of Planning & Connounits evelopment(-Department")ott August 3,3017.The Depart/mut determined that the IlS47 Of the premixes for-adult . nertainnteni-must be approved by the Planning Council and City Commission. Cif) Hall * 7g0 fitheman Street.41h Flor,Opa-locka.„Florida 33054 e (305)688-1611 A ti WI/AL OPPORTUNITY EMPLOYFR AND DOF S NOT DI SCR1AARNATF niq 111h, in the application for an occupational ileense dated January 4 2017(Exhibit"r).ihe applicant listed the USe as a lavent bar„. playhouse and adult entertainment but appears to line through or delete the use for -adult entertainmem.-Subsequently,the City*s hcense clerk issued a letter to Klub 24 informing it that the permitted ue: for license#990008920.(Exhibit-G")included tavertt.playhouse..bar,.and adult entertainment.Notwithstdi anng th improperly issued license, klub 24 had hee.n previously informed that it was required to go through the Planning Council and City Comm ission approval process prior to operating an-adult entertainment-business in the City.(See hibits -C"and 1.'") A letter dated Januar,- II,2018 delineates Klub 24's impetihnents to legal operation.(Exh11-) On January I 7,2018.a Temporaty Cenificate of Occupancy(Exhibit -1')was issued ford restauranf...lounge and cabaret,but not rot-adult entertainment.--Adult is is apecifical ly prohted by the Cityeode without a special exception grained- by the Mannino Council and City Commission and therefore there is no need to specifically define the term"eaba.ret" in light of an improperly issued Certificate pi-Occupancy,a prohibition against adult entertainment within the-City, violation fseveral ordinances pertaining to time and manner ofoperation.an improperly issued license and failure by Klub 24 to pursue the pmper avenues of approval a tier kia intOrmed multi*is to do so. I am of the opinion Klub 241 NOT permitted to operate an-adtt It entertainment"business within the City rif0paLocka at this time. END OF IVIElVIORAND11141 Esin Daniel Able From: Esin Daniel Abia Sent: Friday, March 23,2018 6:55 PM To: Whittaker, Homer(WASD)' Cc: Rondon, Delia(WgsD);Alvarez, Sandra P. Subject: P.E.; Gerald J. Lee;Wilma Wilcox; William Green; Ed Brown o, Frank (RER);Arshad Viqar RE: Klub 24 Cabaret_3699 NW 135 Street_5000s1 Mr. Whittaker, Please he advised that KIub24 Cabaret has applied for final certificate of occupancy or their 7days from the date of this letter to inspect the full operation and notify the Building the best of my knowledge, they are utilizing the existing full service kitchen y err Business_All concerned RESTAURANT. tchen and space that Official palledrCRABBY's This Building Official has received the Final inspection for all permits and from Miami Dade The City of Opa-locka Business License and certificate of use:#990008920 Miami Dade County Local Business Tax Receipt. 7523704& 7523703 County Fire dated 3/21/18. The State Department of Health license for Bar/Lounge 13-BID-3637929 The State DBPR(Division of Alcohol& Tobacco. 4COP Dual License BEV2301134. City of Opa-locka zoning Approval Section for 4COP. Miami Dade County(RER-DERM)-Receipt number:20180323103705104305 for PSO-909 Patrol Service Agreement (Off-Duty Officers), City of Opa-locka Police Department. Many thanks for your cooperation. Esin Daniel Abia, El, CGC, CBO, CFM Director of Building/Building Official, City of Opa-locka, F1.33054 (305)953-2868 Ext 6 • EXHIBIT Sponsored by Vie-Mayor Kelley RESOLUTION NO, 18---.-9478 A RESOLUTION OF T1Th CITY COMMISSION OF TIIE CITY OF OPA-LocKA,FLORIDA,AUTHORIZING Till! 24 AND DIRECTING THE CITY MANAGE CLOSURE or AT IS NECESSARY To ENSURE � TO DO ALI,7'IL•iT IS IN I{'ULI, COIt�PltlAl'�01�.'I'IiF CL[ISURI�,01?K.iUll 24 UNTIL IT IS SAWS AN MUNICIPAL ALL STATE, COUNTY ANty. AND ORDINANCES PROVIDING FOR iNvcORPO1 FION 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 five or recorded performance, or any visual linage tangibly fixed in any niedium, which performance, image, or recording has is its primary or dominant theme subject matter depicting,describing,or relating to specified anatomical areas, and which 'performance,ance, recor�din J,viti s visual image requires the exclusion of minors from the premises pursuant toryp S cl 847; and WHEREAS,Section 22,81,PerrriiT rri heal �5_Table-Tnil rstrial Districts businesses in the 1-2 district to be approved via a special e special and ,requires adult 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 tinder Ordinances addresses adult themed in conjuction with sole alcohol ep' at Tian: See,4-17k-Total or partial nudity and sexual conduct prohibited. (a) It shall be unlawful for any person maintaining, owning, m a n a g i n g operating ail alcoholic beverage establishment to with deo reason to knows sufft.tr or permit total or partial nudity or sexual conduct to occur on the premises of that aleolr 3lic beverage establishMent. (b) It shall be unlawful for any petstm, while on the premises of alcoholic leverage establishment, to expose to public view those portions of his or her anatomy, defined herein as total or partial nudity, or in any sexual conduct. (c) !c shall he unlawful for any shall y`person maintaining, owning, managing or g 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. /8-9478 WHEREAS, the City of Opa-locka Code of Ordinances addresses the permissible hours for the sale of alcohol in night clubs in the following smtion: See.4-5,-Hours for nightclubs. " Nightclubs shall be governed by the restrictions beteinabove set forth, C)-- except that no nightclub or owner, operator or employee thereof shall g 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 am, 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-hal(hour after the sale and consumption of alcoholic or intoxicating beverages is prohibited herein, WIIEREAS, pursuant to Section 13-32 of the City of Opa-Locka Code of Ordinances the City Manager shall have the authority In refuse the issuance of or revoke any license or permit issued as authorized by this Code; and WHEREAS', an adult entertainment establishnient, Mob 24 opened in the City without obtaining Planning Council and City Commission approval;and WIIEREAS, the City Attorney issued opiniorts on February 12th and 28011 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 dint the City Manager take all necessary steps to revoke Klub 24's license to operate an adult entertainment establishment, until it is in run v)mpliance with all apIlicable laws and City ondiminces. NOW THEREFORE, HE IT RFSOLVE'D 1W THE CITY COMM/SSION OF 111E CITY OF OPA LOCKA, FLORIDA: Se lion I. RECITALS APSA-.Y.E.E.11 The recitals to the preamble herein arc incorporated by reference. • Section 2. AUTI ORIZATION • The City authorized the closure of Klub 24 and directs the City Manag,er to do all that is necessary to ensure the closure of Ktub 24 until it is in full compliance with all State, County and Municipal laws and ordinances Sect on 3.,1 '3tiVENE ERROR 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 deSigflet, Will10141 need of public hearing.by filing a corrected copy of same with the City Clerk. Resolution No,j97g Section 41 ENT 11VE DATE. This Resolution shall tike effect immediately upon adoption and is subject to the approval of the Governor or his designee. PASSED A..ND ADOPTED this 28th day o f f O,2018. Mayor Attest to: Approved as/o form rind legal sufficiency: ME DROWN LATV--FaTi-Ci.F"----LLC City Clerk City Attorney Moved by VICE MAYOR KELLEY Seconded by COMMISSYONER PIGATT Commissioner Vote: Commissioner Holmes: YES Commissioner Riley: NO Commissioner Pipit: YES Vice Mayor Kelley: YES Mayor Taylor: NO /� p.L.o kqI\ 1J O4! �f 16i a °1 Ed Brown ? 1 '�.'-? 9 City Manager ,''',?!.--=----v-1-- - 0, Telephone: (305)953-2821 Ext.I202 gpT . Email:ebrown @o alockafl. ov lr■P,MORANDUM EximitT To: Honorable Mayor/Cit Y Co mrnission - From: r _i o y/� , City Manager Date: "l .April 2,2018 Re: Closure of Klub 24 On March 28, 2018 the City Commission voted in favor of Resolution necessary to ensure the closure of Klub 24 until it is in full compliance with Municipal laws and Ordinances. On Friday, compliance it 18-9478 11 at do all that is M discuss the legal and of d Ordinances. City Ordinances F day, arch 30t I met with the City Attorney,Vincent Brown n to was advised by and the proper procedural steps to accomplish this wskt to y the City Attorney to wait and not take action until w e meet with the owners and their Attorney on Monday, April 2, 2018. I acquiesced on the premi proceed with the recommended action of Resolution 18-9478 se that this was a necessary step to We met at 10:00 a.m, on April 2, 2018 with the owners, Attorney,Robert Fernandez to discuss this matter.In attendance Gori and Greg Berger along with their Vincent Brown, and Esin Daniel Abia along with Karl Ross, Investigator Commission on Ethics and Public Trust. ce for the City of Opa-locka was myself, Klub 24's owners and Attorny ere apprised riofth had been directed by the City Co County the been County Y mmission to close them down until they were in full of the f ct with I y and Municipal Laws and Ordinances.Their Attorney was at the meeting on March with 2018 and stated he was aware of the ruling to close Klub 24 and he clients. He also reiterated that they wanted to come into compliance and g March 28, Attorney countered and stated he was prepared has communicated litigation.atio . Our and agreeing the following was proposed pr pared to vigorously litigate the dcase. With all la ies on.present Designee, Eric Miller: until the resolution was approved or denied by thertGovernor'st A). Klub 24's Attorney would submit a plan to th City Ordinances. the Cit Y as a good faith effort to comply withthe B). I would forward Resolution 18-9478 to the Governor's Designee to get an expedited review and disposition on the action stipulated by the City Commission. C). The Building Officer, Mr. Abia will prepare a report on his building Code and City Ordinances. findings for violations of the D). I asked the City Attorney, Mr. Brown to prepare a document that: 1. Cites the applicable law and infraction that governs closures both from the State Statute and City Ordinance. 2. Specifically outlines the process that is defined by the applicable law to implement the closure of Klub 24. A Statement of Fact that defines revoking the license of Klub 24. 3. Statement of Facts to support Article 1 Section 13-8 Fraudulently Obtained Licenses,Void Ab Initio and Section 13-32 of the City Code for the alleged grounds for revocation of the license and permits. Once all of the prescribed information is assembled then based on the findings I will engage the City Commission for further directions. It is imperative that we follow the legal recourse and approved procedures in totality to reach an outcome that favors the City of Opa-locka that either eliminates or reduces any financial burdens. At all cost we must insure that the due process of law is afforded to demonstrate that the City performed its due diligence to be in compliance with the applicable laws of remedy. ***END*** On Man, Apr 2, 2018 at 3:47 PM, Esin Daniel Abia <eabia a Opalockafl.gov> wrote: Mr. Brown, The attached list represent those in attendance for the due process hearing meeting between the own Klub24, their attorney and the City Manager and the City Attorney. ers of Mr. Karl Ross from the Ethics and the City Building Official were also in attendance. In summary the meeting concluded with the following determinations: 1. The owners of club24 stated that, Mr. Eddie Dean is no longer the owner of the club. 2. The Attorney for the club stated that they would comply with all the city's re uiremer attorney and the City Manager provide them with the steps and procedures. q �t provided the City 3. Their Attorney also requested for the extension of the TCO to allow for compliance. 4. The City Attorney stated that,he did not place on record that, the City had issued the Licen se in error, and consequently the Building Official withdrew the letter of intention to revoke The TCO. 5. The Building Official stated that this was the second due process hearing with Klub24. 6. The City Manager and the City Attorney concluded the meeting by stating that they have to report bac commission and the Oversight board and then they will get back to the p it to the Representatives of K1ub24.The Building Official has agreed to wait for the City Managers'directive. 7. Both sides have stated their desire to resolve the matter without going to court. 8. Mr. Karl Ross requested for a copy of the notice of intent to revoke and the due process gave it to him. p ocess letter and the City • This concludes my summary, • Sincerely, Esin Daniel Abia, El, CGC, CBO. CFM. Director/Building Official, City of Opa-locka, Fl 33169. • Public Records Notice: Under Florida Law, email addresses and electronic communications If you do not want your email address or the content of your electronic communication n ele and public once to. public records request, do not send electronic mail to this entity, nrcation released in response to a • EXHIBIT C Cll • } 2 g w I § - $ 0 y \ ° s : u / cu § § H tn cu D G - a / G 7' @ 7 /Cr / ? \ • ;: f 7 2 7 / } ƒ 6 / al n c m / U $ ' • . / 3 < '' 2 S © ® & 6 % y I \ / % E - a 6 % V' 2 & co .7 � � § 1.) \ ■ \ p \ \ _� 3 ° / / \ .G / / / \ & 3 2 « e / cu co / 3 . \ . i k 0 / 3 % 2 � } ` 2 © ± 2 / / { / 0 o = w 2 % 2 t / \ \ \ # m . d cip 0 % ^ k G o / \ o w R ^ 2 y A . _ _ • 0 c = , G 2 : 7 ® » G A ix @ 2 2 / 2 2 / 2 - m m { • a� . d 2 E _ o m u � 2 2 ¢ a ƒ \ • H J c 2 k & -eP C\ / r t Ays? `•b City of Opa-Locka i M�� Office t�Ze • ',04.,,,--'1: % of City Attorne ,�°Aare 780 Fisherman Street,4rh „y (305)688-4611 Floor, Opa-Locka,Florida 33054 Vincent T.Brown City Attorney VI TO: Ed Brown, City Manager MEODU William Green,Assistant City Manger FROM: Vincent T. Brown, City Attorneys----- �----„ EXHIBIT t.,...DATE: April 2,2018 RE: License Revocation Process Pursuant to your request regarding the process to be followed in Occupational License,the City of O the revocation of a Business Tax Receipt f/n/a such,preferably by Y Opa-Locka must set a public hearing y y certified mail with a return receipt,to the holder of tbefore cense a City hearing. The Notice must include the date, time and place Y Manager and mail notice of hearse . being revoked.m must include the date, has taken plae of the hearing t Leath five rounds days prior to the writing e s and state thd Aft r the evidence wring has to upon g and set forth the written for which the I days, place,the City Manager shall make a written determination in ( ) s,and state the City pon for revocation.The holder of the license will h ty Manager issues his determination,to file a written statement with the City Commission. The have fourteen City commission shall set a time and place for hearing the appeal hearing shall be given to the appellant five(5)days prior nt setting forth grounds for appeal shall hearing ng be final and given to the O da s rior to the hearing. The decision and order of the co notice of commission Chapter 13 -LICENSES AND BUSINESS REGULATIONS ARTICLE II.-LICENSE AND PERMIT D Sec. 13-32. -Authorized. DENIAL AND REVOCATION The city manager shall have the authority to refuse the issuance of or revoke an Sec. 13-33. -Grounds. Y license or permit issued as The refusal to issue,or revocation,ofa license or e (a),That Ih appllc #ton fob Itcctse or permit shall be based upon one or more of the following (b)That in the course of carrying on the activity rs' olicensed r440ul041at g grounds: practices the carried on or carrying on the e occur by the e ie, nr epree ntatio or unethical permitted,d permit misrepresentation or unethical business (c)That the holder of said permit Y e holder of said permit or license; turpitude; p rmrt or license has been convicted of an (d)That the activity licensed or permitted is conducted in any crime or misdemeanor involving moral breach of the peace or a menace to the health, safety o.general nn unlawful manner,city. in a manner w (e)That the activity licensed or regulated fails to comply t general welfare of the city. which constitutes a oft the right to activity other lots or r parcels of land in connection withothe principal tburequired iness dparkin spaces paces or has That the"�rcTrvity tCensec1 ot`�ogitla#04;f0Yls tax eor,lply with;the business use City Hall • 780 Fisherman Street, 4th Floor, O a-1 l�pvrsl�$'afthrs;Code relattrt -therct AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOTDISCRIMIN p ocCR,DISCRIMINATE ON THE•BASIS OF HANDICAP 1 ATE ON THE BASIS OF HANDICAA ( the activity licensed or regulated fails to deposit the necessary(g)That g)T ordinances t h for the extension r gift' ed utilities f i to deposit maintain aif for the xt n ion to city the applicable aiid proper an mgarbage cone tithe applicable pay pplicable feeg ndtcharg s for said services,o garbage otherwise to fails comply with the provisions of this Code relating thereto. (h)That apartments, motels, hotels and rooming erwise fails to comply requirements of chapter 7, g houses licensed or sought to be licensed fails to meet the Ordinance, and the Ater ,provisions of Ordinance 63-30 of o f Ordinances, known Ordinance, Ordinance,th Chapter 1 of Article I Ordinance the Dade Metropolitan Co as the Minimum eti opolitan Dade County Housing Standard Standard applicable to said businesses. Y 1i1othe re as Minimum Housing Sec. 13 34. County Code, as well as all other regulatory ordinances Notice; denial or revocation Notice ofptibric hearing for denier or avocation of a'lie>tlse:or sett g forth tl�e grounds;alleged for rl�ntal a�revocatiQn, �tld dcsr it at��-�gi��n ire'Wllttti - Notice ford lie nulled to't ll licensed meal o re at 1C last vv g#o try hole ertearin f j hearing: and place#`or p>tl�lic heath -��Clrre9s'dt feast�v� . . g Sec. 13-35,-Findings after hearing on denial or revocation. d$� Prtt tp tJ�e d ,p Upon public hearing on a license or his Upon public hear in of a license permit denial or revocation before the city writing and if adverse to the holder of the license or permit, the cite city grounds relied upon and the evidence in support Y manager shall make Sec. 13-36. -Appeal to commission. pp°rt thereof. city manager shall state the Any person aggrieved by the action of the city manager in the denial or revocation of an Pp al to the city commission.q have the after of appeal notice city denial com or revocation,Appeal a shall be statement any permit or within Shen ppeal shall be taken e tiling with the he grounds within appeal. The commission shall set a time and place for hearing the a commission days ion prior shall the hearing.and place decision and order inert setting forth the appeal and notice ofhearing shall be given to t1�e°a appeal• The der of the commission shall be final and conclusive. appellant five ve END OF MEMORANDUM 2 From:"Miller,Eric"<Eric_Miller @eog.myflorlda.com> Date:April 6,2018 at 9:59:00 AM EDT To:Sha'mecca Lawson<slawson @Opalockafl. ov> Tolley, Vice c Mayor-City sl wson@Op l g •"Myra L.Taylor,Mayor-City of Opa-locka"<mta for Kiley, Vice afyorafl. ov>,"Matthew "Timothy Holmes,Commissioner-City of Opa-Locke' "Jose City of Opa-locka"<i g Matth Pigatt,Commissioner-City of Opa-locks"< Ph L. Jnley @p"Matt aff.gov> mpigatt @Opatockaft.gov>,"John B.Riley,Commissioner- Cc:Ed Brown<ebrown @Opalockafl.gov>,Joanna Flores<' `c:Bd Brown ebrown Opaloc "Nelson,Patty"c Jflores @Opalockafl.gov>,"vTBLAW <Brian.Hu @BELoSOUTH NEcom> y Patt .Nelson @LASPBS.STATE.FL.US>,"Hunter,Ban"TH.NET" "Andrew Collins{collins @careersourceflorida.com"< Blair"<Blair.Mathers eo myfl Hunter,Brian" Subject:Resolution@ 18-9478 and Klub 24 Neat'Danielle"<panielle.Neal eo 1 aco!fins @careersourceftorida,com> °� 9 myfforlda.com> ,"Mashers, Resolution 18-9478 is still under review by agenda for°discussion and input at the upcoming Financial Emergency y my office and I'm requesting it be placed on meeting due to its potential direct or indirect financial impact. In the interim, the willingness of representatives of Klub 24 Cabaret to meet with g Board discuss bringing their business and facility into compliance with the officials to amicably news. Regardless of the status of Resolution 18-9478, the City of Opa-locka has and responsibility to enforce federal, state, and local City Code is good especially when it is necessary to protect the health, safety, and tithe al law within its jurisdiction, encourage you to work closely with the City Attorney to work toward welfare legal its resolution. I egal resolution. Eric W. Miller Chief Inspector General State of Florida Executive Office of Governor Rick Scott The Capitol Tallahassee, FL 32399-0001 EXHIBIT 850.717.9264 \ .Villi;,1`1,1.,,,,,,I; . /- - .,;,,-.:-." :=•,:iN,: •-•-',-------- .' ..,....''...'.......'........%•':.-.11.1'::.''. • • / ..'.--.--.:.2.-..11':..'..... ..'l'ichso co,orattt.ihN.-6ffi-c.aifytili:htiiiei0(filliOlial-I'.•'1' "."'..•.'i:--:-.--,','.:,.-;..,,,:,,--,'1:,.,T,..v.,,-;-,,,,,,:ftv,--3,-,L-;q,'::0,;.,A.:,.-Alpsitorto4 / it , , c ..,e. 1 . •:-•'• -'1•.'-',".•?.... ...*--.-.."...••••.:.:-.'.‘: ''''''.'''vlr'.•-v-Tr-f•-ieiin'r..':',Yii.-;'.,'"1:,.:.).,csq‘-yr.,:.:•-i'i...'- '-'.-'-:',..'-:Y.-.•:-•-•,11:-.0.`..- -,4;.:*.\-?..,1„%'re.,,V. •bli 14,101:141-y"of.4,7 - ' ar +la'. •.:,'.'..,..*'is-;.4. : 4.1, h'itTI,V,':-..-3';1•;.1-?, ,,r,•_'3'-'1-':1-,-,-: -::',S,„:1';V,f•:a03'-,j`troY`.a ''..'411'. A V;.1.•:_,:i!..';'Aiq;,44i:5'..i4'.4..'',f•;hii,*,1..firaffi.;'/:,,e,f,•,;P,ttiF:',,A'",;',3r1.'",.`,70,.....,t..'ill.tIciY,',.....''Fj,;t:k....i:iii".:"':ii,4c.;.40..1":::i5.-.71 i ■ ■ p , °°'r4 EXHIBIT Ed Brown ° ,1 a r3 City Manager `o, Telephone:(305)953-2821 Ext1202 Etna:ebrown @o alockafl. ov MEMORANDUM To: Mayor M ra L. Y Taylor Vice Mayor.Joseph L.Kelley Commissioner Timothy Holmes Commissioner Mathew Pigott Commissioner John Riley From own City Manager Date: arch 7,2018 Re: Report on Klub 24 First and foremost B&G Opa Holdings LLC d/bfa Klub 24 was issued a Iicense in January 2017 from procedures involved the Commnnnit3, Development Director, a previous City Manager,that had various approval levels in the chain of subsequently ently the Community City Attorney.ty . , O and protocols and d Official, Building/License Mr i?ean representative Op -locks e and 1 of'.these.top level professional from.the City of Opa=locks engaged the from B&G ()pa m r Dean the the Holdings. They and had some degree tp of operate and edge and of use toposition;this-establishment vt'tscurr nt address-3699 business obtaining a license to operate and certificate 5, 2018 none of the individual's beforemeniioned have come forth 5, 2018tion on how the occupational license Nor wi Street=nitef details o with any date,March - business. and certificate of use were obtained to operate this The City Attorney issued two them The both.The legal o (2)legal opinions on Klub 24 and I have opposing points g pinion written on February 12,2018 was erroneous for several on view for 1, The Zoning Code Sec.4-17 that prohibited Total or Partial nudity al reasons; longer in effect and had been replaced. ty attd Sexual Conduct was.no Regulations for Adult Entertainment Establishments went ' p In 2015 a new code 22-135, Land Development competitive laon commercial mmercial exploitation of nudity into effect, thus making it legal for 1-2 and I-3 Districts. Klub 24 is located in the-2 District. entertainment to be e semi-nudity permitted in tact. 2; The Zoning Code 4.5 Hours for nightclubs is a failed argument for two(2)reasons. 24 was given a license for"Other Club"which was defined in a letter from the B ui First.Club on January 5, 2017, that license#990008920 a adult entertainment. that So it can be reasonably assumed ldmg Clerk approved usage for aplayhouse, bar,tavern and that this establishment is not a night club in the traditional sense, therefore from the license issued this code 16-15 that was passed on October 26,2016 it amended 4.3 repealed and deleted all references to the hours for a does not apply. Secondly, 4.3 repealed l it dland states that references can be sold Chapter 4 within City 1 Section r sale of alcohol within City limits. 24 hours a day. 3. Miami-Dade County Fired Department issued a one 1 p May31,2018_There is also additional documentation issued dooMa 31 illustrated the ' May 31, 2017 that inspection was approved,The City Attorney April e 2017 7 that by Fire Inspector Christopher Stennett that blob 24 was ins by FirInspector was presented to verify his t Klu was made reference to a statement made documentation of s that was ntepected. peon r as a did n t specify but the assertion. The inspection report did not speCdy the 4. On June 26,2017 a Zoning considered . g Verification form was submitted and reviewed irrelevant because the Occupational License and Certificate of Use 3 been issued in Jams August ,2017 can January 2017 for Other Club which was previously defined. had already The legal opinion written by the City applicable powers of the Cy Attorney on February 28, applicable a the powers o read City the ragerd revoke the a license. During the February misleading on the During the February pa 2018 ted that gated that t revokes no isr occupational license according to the code did not exist. He reiterated fraudulent statement, fraud or crime that had been c establishment. there was no misrepresentation, committed by representatives of this 5. In reference to Article I Section 13-8 Fraudulently Attorney's n statement clef Section o this out as a ulea Obtained in Licenses Void this Ideti( the viable reined Y�In accordance to this code I{City Manager)would have to prove that willful conduct the material facts are without vaIidityf°r used by City Manager two n the e or im imply. I was n t the e {2)years ago when this license was issued enforce or re problematic I w not toe Void AB Inito to be substantiated I would have to What is more to issue the license. If the proprietors of have o prove that the City for License Certificate of Use or a TCO then that 24 had opened of Ophmenta was forced paned their establishment intent without a fr the the process and would subject them prosecution and would be willful and malicious ite to defraud occur, revocation of their license. This did not In conclusion culpable negligence on behalf of the City is a strong adverse action that maybe rung stance for Klub 24 in defense dve set Director, Zoning taken to stop this business from operating se Community opportunities to alert the City g Official, Building Official and the City Attorney had mmurp e they felt hies t something illegal had transpired.Commission sin durin y had issued multiple during the 2 year period this since this license was issued ci y of factors that show deficiencies in this process would mount a challenge at this juncture with the multiplicity a potent lawsuit to be filed against the City. d°n the face of the complaint Y p make it ripe for F our argument is impacted substantially because those entrusted with following the Furthermore established process fume to do sp. one is legal and the fai/e is from a . There are two (2) The fronts that rw we have to battle t r i to on litigation but it's going to be costly and we airs the�tzve.The Cit can litigation case. With all lung the legal Y move forward and enter into respect risk of having to pay them is we are defeated vnt this in establishment from opening gal and administrative grounds and stars ability to rev penin should have been rigorously challenged two 2 prevent this { }years ago prior to a 2)Page license being issued. After reading through all of the correspondence on this issue nobody could answer answer the proverbial llicense. Question as to how B&G Opa was a City Manager(s) pa Holding LLC d/b/a Klub or tried to icensees were availably then g ( )in place during obtained the of action I should take Why all g this entire ordeal so and the same o the course hy is all the administrative posturing Pinions and all cour being suggested by P y so Conu now in terms of actuality and fairness my recommendation to the oe City Attorney and Co all act Communityss mymrnission since it is rnmilly Ilea thhatt. e Attorney, s orney, to conduct Development an Director,Zoning p painfully Official clear that the investigation to determinecial and the Building Official should be can be sud toiciatdd. ground for revoking Klub 24's license The main issue of fact here is that a special exception needed to the Planning issue of here the approval Planning who's pproval ultimately granted by be affirmatively Commission.iss recongai nI m by permissionho' rsthe libelist was it to assure that this the CityCfmmission.A and certificate of use? process v'� followed gain I must permission the process issue the license the Planning and who gave the license and certificate of use were avoid costly litigation and incorporating adding COUncil and the City Co and avoid cost yesponsio an for issuing scrutiny the City of Opa-locka should move o became moot To the License and Certificate of Use move on from this matter END OF MEMOR A►NDUIVI 3IPage EXHIBIT �� ‘,,•0!py- ,., q� f�f?, SUSTAINABLE OPA-LOCKA 2015 LAND DEVELOPMENT REGULATIONS (ADOPTED) The work that p the basis for this publication was The work U.S. provided Department the of Housing is f o with work a dedicated Development.supported s funding to the and Urban under an award the work are the a to and interpretations The she The solely responsible and findings for t e author and publisher are solely responsible for Federal contained in this the Government. publication. Such interpretations do not necessarily reflect the views of the ADULT BUSINESSES ADULT ENTERTAINMENT ESTABLISHMENTS IV7`S Sustainable ppa-Locke 2015 Land Development Regulations Article IV. Districts, Permitted Uses and ARTICLE IV. DISTRICTS, Development Standards STANDARDS PERMITTED USES, AND DEVELOPMENT Sec. 22-75. Purpose The creation of districts and standards development of lands allows for classifying and waters in the y 9 and regulating promoting, City. These districts are established forgthehe use and regulate the location mo ig, a uses and the the public health, safety, purpose of regulate within their of us boundaries. e types and forms of develo and W ndrb These districts pment and buildings that may Sec.22-76. Use Definitions The following definitions pertain to and describe permitted uses in the City of O Accessory use, building g or structure - e to the . use of a building or parcel of land, A use or structure subordinate to the use o , on the same or contiguous to that principal g a purpose customarily incidental to the us g land. parcel of land and e of the principal building or parcel of Adult business - Any premises within the person for consideration, where members of the ation, are offered any public, visual u image tangibly fixed in any Y hve or recorded any Y medium, which performance, or primary or dominant performance, image, aisual ant theme subject matter depicting, or recording has as its sexual activities ors picting, describin specified anatomical areas, rf or relating to specified igr visual image requires the exclusion of and which performance, recording, or 847, minors from the premises pursuant to F.S. ch. Adult day care _ Any building not, which undertakes through or buildings, or other lace, p whether operated p for profit e or twenty-four-hour ownership or management to provide, for twenty-four-hour by to three (3) or more a part of the Y blood or marriage, who require such services.duits, not related to the Adult congregate living facility- Any building or buildings, Section or distinct boarding home, home for the a part of a aged, or other residential facility, 1V-1 Sustainable Opa-Locka 2015 Land Development Regulations Article IV. Districts, Permitted Uses and tennis courts, ball courts Development Standards Townhouses � P Unattached P P A A El garages/carports A Utility sheds, storage -A buildings, fallout shelters A A A A Watchmen, manger or caretakers quarters - A A permanent, temporary Wireless antenna A A support structures, A A A amateur radio antennas Sec.22-80.- Permitted Uses Table Commercial Districts B-1 Awnings, canopies, A $B=2 B;3 A A carports, roof overhangs, A balconies, architectural structures Adult bookstore 11111111111111111111111111111111M , Adult daycare Animal boarding �r � • Artist studio P P P P Animal grooming Appliance, furniture, P P electronic P P repair and rental Auto service station IIIIIIIIIIIIIIIIIIEIIIIMIINIIIII Banquet hall IIIIIIIINMIIII B-1 first uses P NIMIN 8-2 first uses P P P P IV-21 Sustainable Opa-Locka 2015 Land Development Regulations Article IV. Districts, Permitted Uses and Vending machines, video A Development Standards arcade games A A A gagigninfain Watchman, manager or P P A A caretakers quarters — A A permanent, temporary Wireless antenna support A structures, amateur radio A A A antennas Sec,22-81. permitted Uses Table—Industrial Districts Adult businesses �� T:Zrd:r M. , auto P Auto broker as per P P Ordinance 11-05 P mall ' Auto service station P (filling P P ( 9 station for ill , service vehicles for a licensed business, not visible from street) Automotive wrecking yards p Awnings, canopies, A carports, A A roof ' overhangs, balconies, architectural structures 13-1 first uses P (adjacent NNW to 1V-25 Sustainable Opa-Locka 20/30 Land Development Regulations Article V. Supplemental Regulations F. Termination. At the end of the time for which the event permit was issued, the event shall be discontinued and all temporary structures and signs shall be removed within 24 hours. Failure to comply with this requirement shall be a violation of this Code. G. 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 writin g by Director to the owner or operator of the use, by and 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 b law with respect to violations of the provisions of this Code. by 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 City Commission and on the findings incorporated in the "Survey before the 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, MAI (2008)(Texas); "Crime-Related Secondary Effects — Secondary Effects of "Off-Site" Sexually Oriented Businesses" study by V-3 7 Sustainab/e Opa-Locka 20/30 Land Development Regulations Article V. Supplemental Regulations 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: a. The superficial tissues of one son manipulated, rubbed, stroked, kneaded, person by a second person, accompanied by the display or exposure of o urre of specified anatomical areas; b. Dancers, entertainers, performers, or other individuals, who, for forms of commercial mercial gain, perform or are presented while displaying or exposing areas; or posing specified c. Lap dancing occurs. 3. The activities described in subsections (1) and 2 establishments for the purpose ( ) occur at p pose of making a profit, and, as such, are subject to regulation by the City in the interest of the health,and ealth, general welfare of City residents. 4. The competitive commercial exploitation of such semi-nudity is adverse to the public's interest, and nterest, quality of life, tone of commerce, and total community environment. 5. The commercial exploitation of nudity and consists of the use of nude semi-nudity e 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 n nude or semi-nude entertainment n person engaging in exchange for or as V-39 Sustainable Opp-Locks 20/30 Land Development Regulations Article V. Supplemental Regulations consideration for nude or semi-nude performance by such individuals. C. Intent and PurpoSe--Regulated Uses. it is the intent and section location and separation purpose of this ofi adult entertainment uses, referred to herein as "regulated uses," which, because of their ve nature, are recognized as Navin ry characteristics g serious objectionable operational particularly when they are located near properties zoned, planned or developed with incompatible uses, thereb y having a deleterious effect upon the adjacent areas, Further, it is r the location of even one (1) re ecognized that ( gulated use near an incompatible use causes such deleterious effects on that area. Special regulation of these is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding to seek to prevent a concentration of re g area• The regulations This article has neither the purpose nor the effect of limiting in one 1 ( ) area. access by adults to sexually oriented, no obscene materials protected by the First Amendment, or denying access by the distributors and exhibitors y of sexually oriented entertainment to their intended market, D. Exemptions. This section shall not apply pp y to accredited universities, colleges or other educational institutions; libraries, exhibits and art galleries, museums, art galleries open to the public; arts and cultural performance theaters and playhouses; or commercial professional p portrait studios whi h ma hotography and use nude sub'ects for their •hoto•r...g ,r •ortraits. Such uses shall no .- considered re.ulated uses. E. Location. Regulated uses shall be permitted only within the Transit Corridor zoning district V-40 Sustainable Opa-LOCka 20/30 Land Development Regulations Article V/, 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 seats in the main auditorium for adult rmotion picture rtheat 4 fixed 1 parking space for heaters p 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 the Director shall determine the number of required edategoing • spaces. parking (D) If more than one use is within one building or de parking for said uses shall be calculated separately. Velopment, (E) Loading areas in front of warehouse buildings will 11 not be counted towards parking requirements. (F) The maximum number of spaces for any development exceed the minimum for that use by y cannot Y 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-10 Sustainable Opa-Locks 20/30 Land Development Regulations Article XI. 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 dwelling 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 congregate living facility XL-2