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AND GENTLEMEN, AND WELCOME TO THE HEARING OF THE PERMIT AND LICENSE APPEAL BOARD FOR THE CITY OF DALLAS IN 8:41 AM ON THURSDAY, OCTOBER 5TH, 2023.WE HAVE ONE HEARING ON TODAY'S AGENDA FOR TIPTOP, BIG DOG, INC.
APPEAL OF DENIAL OF A DANCE HALL LATE HOUR PERMIT.
UH, AT THIS TIME, I'LL DO A ROLL CALL PRESENT.
PLEASE SAY HERE, UH, MS. ARIANO.
CAN HE HEAR? I DON'T THINK HE BE, I SEE ANO.
UH, SO ABSENT ARE, UH, MS. ALA AND MS. TORRES AND MR. ILLA IS LOGGING BACK ON.
WE DO HAVE A QUORUM PRESENT, AND THE MEETING IS NOW CALLED TO ORDER.
UH, CAN WE GET THE OTHERS PRESENT AT TODAY'S HEARING TO PLEASE INTRODUCE YOURSELF BEGINNING WITH THE BOARD'S COUNCIL.
I'M WITH AN ASSISTANT CITY ATTORNEY WITH THE CITY ATTORNEY'S OFFICE, AND FROM THE CITY SECRETARY'S OFFICE, MAYOR SVA MARTINEZ.
AND, UH, WITH THE APPELLANT, THE APPELLANT'S REPRESENTATIVE.
LET'S SEE, WE'RE AGAIN GOING HERE.
PLANNING ASSOCIATES REPRESENTING, UH, TIPTOP BIG DOG.
MORNING GENTLEMEN, UH, AND CITY ATTORNEY'S OFFICE.
DAVID WILKINS WITH THE CITY ATTORNEY'S OFFICE, AND MY WITNESS IS DETECTIVE ARMANDO.
AND DETECTIVE, JUST ONE WITNESS.
UM, AND JUST A REMINDER FOR, UH, EVERYBODY VIRTUALLY, IN ORDER TO ACTUALLY BE CONSIDERED PRESENT AT THE MEETING, YOU MUST HAVE YOUR CAMERAS ON.
SO, UH, PLEASE KEEP YOUR, UH, VIDEO AND AUDIO ON AT ALL TIMES.
UM, THE NEXT, THE FIRST ITEM IS PUBLIC SPEAKERS.
UH, WE WOULD ALLOW FOR PUBLIC COMMENT ON TODAY'S HEARING.
SPEAKERS ALLOW, THREE MINUTES MUST STAY ON TOPIC.
HOWEVER, WE HAVE NO SPEAKERS REGISTERED TO ADDRESS THE BOARD.
UH, ITEM NUMBER TWO, APPROVAL OF THE MINUTES FROM THE SEPTEMBER 21ST, 2023.
UH, MEETING EVERYBODY, ALL THE BOARD MEMBERS SHOULD HAVE RECEIVED THE MINUTES.
IS THERE A MOTION REGARDING THE MEETING MINUTES WITH 21ST? 2023? SO, I'M SORRY, WAS THAT MR. HAYES? I THINK YOU ARE ON MUTE OR TOO FAR FROM YOUR MICROPHONE.
I, I WAS TRYING THE SPACE BAR THING.
UH, MR. HAYES MOVES TO APPROVE THE MINUTES, UH, FOR THE SEPTEMBER 21ST, 2023 MEETING.
IS THERE A SECOND? SECOND JEFF.
UH, IS THERE ANY DISCUSSION? UH, SEEING NO DISCUSSION? WE WILL VOTE.
UH, ALL THOSE IN FAVOR OF APPROVING THE, THE MEETING MINUTES FROM THE SEPTEMBER 21ST, 2023 MEETING? SAY AYE.
ALL THOSE OPPOSED, PLEASE SAY NAYYY.
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ALRIGHT.THE NEXT ITEM UP FOR BUSINESS IS THE APPEAL REQUEST OF TIPTOP BIG DOG, INC.
WHICH IS APPEALING THE DENIAL OF A DANCE ALL LATE HOURS PERMIT UNDER SECTION 14 DASH 3.1 OF THE DALLAS CITY CODE.
THE BURDEN OF PROOF FOR THIS HEARING IS ON THE APPELLANT.
AND AT THIS TIME, UH, ANY WITNESSES WHO WISH TO TESTIFY IN THE HEARING, UH, PLEASE RAISE YOUR RIGHT HAND AND BE SWORN IN BY THE CITY'S SECRETARY'S OFFICE.
DO YOU SOLEMNLY SWEAR THAT TO THE BEST OF YOUR KNOWLEDGE, THE TESTIMONY YOU WILL GIVE BEFORE THIS BOARD TODAY WILL BE THE TRUTH? I DO.
UM, AND, UH, UH, MR. POLLY, HOW MUCH TIME DO YOU ANTICIPATE NEEDING FOR YOUR PRESENTATION? JUST VERY MINIMAL.
UH, I CAN ALMOST DO IT IN TWO MINUTES.
UH, HOW ABOUT 10 MINUTES? OKAY.
WELL, WILL 10 MINUTES BE ENOUGH FOR YOU? 10 MINUTES OR NEED MORE TIME? UH, I, I NEED FIVE MINUTES.
UH, I'LL GIVE YOU EACH 10 MINUTES AND THEN YOU CAN VERY GENEROUS.
SO, UH, MR. POLLY, I HAVE, UH, FOUR EXHIBITS FOR TIP TO BIG DOG.
IS THAT CORRECT? YES, THAT'S CORRECT.
SO THE BOARD HAS ACCEPTED EXHIBITS ONE THROUGH FOUR FOR THE APPELLANT.
AND MR. WILKINS, I HAVE ONE EXHIBIT FOR THE CITY, IS THAT CORRECT? YES, THAT'S CORRECT.
SO THE BOARD HAS ACCEPTED EXHIBIT NUMBER ONE FOR THE CITY.
UM, MR. SAPP, WOULD YOU PLEASE READ THE RELEVANT ORDINANCE? CERTAINLY.
THE RELEVANT SECTION OF THE CITY CODE IS SECTION 14 DASH 3.1, DEALING WITH THE LATE HOURS PERMIT, WHICH STATES THAT THE PERMIT AND LICENSE APPEAL BOARD MAY, IN ITS DISCRETION, GRANT AND EXEMPTION FROM THE LOCATIONAL RESTRICTIONS OF SECTION 14 DASH 3.1 FOR A LATE HOURS PERMIT FOR A CLASS A, B, OR C DANCE HALL, WHICHEVER APPLIES.
IF IT FINDS THAT ONE, THE LOCATION OF THE PROPOSED DANCE HALL WILL NOT HAVE A DETRIMENTAL EFFECT ON NEARBY PROPERTY, THE CONTRARY TO THE PUBLIC SAFETY OR WELFARE.
TWO, THE LOCATION OF THE PROPOSED DANCEHALL WILL NOT DOWNGRADE THE PROPERTY VALUE OR QUALITY OF LIFE IN THE ADJACENT AREA, OR ENCOURAGE THE DEVELOPMENT OF URBAN BLIGHT.
THREE, THE LOCATION OF THE PROPOSED DANCEHALL OPERATING UNDER A LATE HOURS PERMIT IN THE AREA WILL NOT BE CONTRARY TO ANY PROGRAM OF NEIGHBORHOOD CONSERVATION OR INTERFERE WITH ANY EFFORTS OF URBAN RENEWAL OR, OR RESTORATION.
AND LASTLY, ALL OTHER APPLICABLE PROVISIONS OF THIS CHAPTER WILL BE OBSERVED.
UM, MR. POLLY, WOULD YOU LIKE TO BEGIN WITH A FIVE MINUTE OPENING STATEMENT, OR IF YOUR PRESENTATION IS FIVE MINUTES, MAYBE YOU DON'T NEED MORE? OKAY.
WELL, I'LL TRY AND MAKE IT SHORT AND TO THE POINT.
UH, THE APPLICANT HAS RECEIVED A, UH, CLASS A DANCEHALL LICENSE AT THIS LOCATION, WHICH I APPLIED FOR.
THEY DO WANNA OPERATE AFTER HOURS FROM TWO TO 4:00 AM TO ALLOW DANCING ON THE PREMISES.
UH, THERE'S A SAFETY AND SECURITY PLAN, UH, THAT THEY HAVE IN EFFECT.
AND, UH, ALL THE DETAILS ARE CONTAINED IN YOUR PACKAGE.
UM, WE FEEL THAT THIS WOULD, UH, WOULD NOT IN ANY WAY BE DETRIMENTAL.
UM, IN FACT, THE PROPERTY VALUES IN THE AREA ARE INCREASING, UM, HAVING, UH, SEEN THE LATEST TAX ROLLS.
SO, UH, WE FOUND THAT THERE IS NO OPPOSITION TO IT FROM REALLY ANY ADJOINING PROPERTY OWNERS.
UH, THE APPLICANT HAS EXPERIENCED IN OPERATING, UH, RESTAURANTS AND NIGHTCLUBS AND BARS DOWNTOWN DALLAS SINCE 1997.
UH, HIS FIRST ONE WAS KNOWN AS THE GOLD BAR IN THE OLD TOUCHES BUILDING.
UH, THIS IS AN OLDER BUILDING RIGHT AT THE CORNER OF PEARL EXPRESSWAY ELM STREET.
AND, UM, THE ONLY REMAINING ITEM THEY HAD TO DO BEFORE THEY OPEN IS, UH, JUST A WALKTHROUGH INSPECTION TO COMPLETE SOME SMALL REQUEST DETAILS FROM THE FIRE DEPARTMENT.
UH, THERE'S PARKING AVAILABLE ON ADJACENT, UH, PRIVATE PARKING LOT, UM, ON M STREET.
SO, UM, PRETTY STRAIGHTFORWARD, UM, JUST, UM, ANOTHER, UM, EVENT VENUE IN, UH, NOT IN THE DEEP ELM AREA, BUT ADJACENT TO IT,
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AND THAT THEY HAVE JOINED THE 24 DALLAS, UH, 24 7 DALLAS ORGANIZATION.THERE IS A LETTER ENDORSING SUPPORT FROM THAT ORGANIZATION, AND, UH, MR. WILEY WILL CLOSELY MONITOR ALL THE ACTIVITIES.
MYSELF, I CHECK THE, UH, DALLAS POLICE.NET OFFENSE REPORTS ON A DAILY BASIS JUST TO SEE IF ANYTHING IS REPORTED ON ANY OF MY CLIENTS', UH, BUSINESSES.
UM, AM I ALLOWED TO TAKE QUESTIONS OR ANY? UH, YOU'LL HAVE OPPORTUNITY.
I'LL JUST RESERVE THE REST OF MY TIME.
I THINK IT'S PRETTY STRAIGHTFORWARD.
UM, THEY HAVE A SAFETY AND SECURITY PLAN, IN EFFECT, THEY HAVE EXPERIENCED, UH, OPERATORS.
UH, WE HOPE EVERYTHING WILL GO SMOOTHLY THERE.
DO YOU HAVE A AND, UH, I'D LIKE TO NOTE THAT, UM, MS. TORRES IS NOW PRESENT.
UH, THEN WE ARE NOW READY TO BEGIN, UH, THE PRESENTATIONS AND WE'LL BEGIN WITH, UH, THE APPELLANT.
WELL, STARTING WITH, UH, I'D LIKE TO BRING YOUR ATTENTION TO THE, UH, LETTER CONTAINED IN THE PACKAGE BY 24 HOUR DALLAS.
UM, THEY JOINED THE ORGANIZATION AND, UH, PLAN TO BE AN ACTIVE MEMBER IN IT.
AND THE PACKAGE, YOU SEE THE SAFETY PLAN, UH, THAT GIVES ALL THE DETAILS.
THE FLOOR PLAN OF THE A PARKING PLAN, PROUD MANAGEMENT PLAN.
EVERYTHING IS PRETTY SELF, UH, EXPLANATORY HOW THEY PLAN TO HANDLE SECURITY.
ANY, UH, EMERGENCY SITUATIONS, UH, PERSONS WILL BE TRAINED.
UH, THE, UH, SECURITY FIRM HAS LIABILITY INSURANCE COPY OF THAT IS INCLUDED IN THE PACKAGE.
UH, PEOPLE OPERATING, UH, DO HAVE PROMOTER REGISTRATION WITH DALLAS POLICE DEPARTMENT.
SO THIS WILL BE CAREFULLY MONITORED.
I THINK THAT'LL CLOSE MY REMARKS.
UH, MS. WILKINS, DO YOU HAVE ANY QUESTIONS? WELL, IS IS YOUR WITNESS GOING TO TESTIFY? OKAY.
HE'S INDICATED HE'S WILLING TO TESTIFY.
DO YOU, UH, YOU CAN, DO YOU WANNA DIRECT GIVE A PRESENTATION OR WE CAN JUST ASK QUESTIONS? SURE.
YOU WANT ME TO GO AHEAD? YEAH, PROCEED.
SO I'VE HAD, UH, RESTAURANTS AND STUFF DOWNTOWN FOR, GOSH, PROBABLY OVER 20 YEARS NOW.
UM, WHEN I OPENED MY FIRST ONE, I WAS PRETTY SURE I WAS THE FIRST GUY BACK OPEN DOWN THERE TRYING TO, TRYING TO DO THINGS AT NIGHT THAT WASN'T, WASN'T A HOTEL.
SO I'VE HAD A NUMBER OF 'EM DOWN DOWNTOWN.
I HAD THE, UH, THE GOLD BAR, THE FIRST ONE I HAD IN DOWNTOWN.
AND THAT ALSO IN INCLUDED CHAMPAGNE, WHICH WAS A RESTAURANT THAT I RAN, UH, LUNCH AND AND DINNER THERE.
AND I OPENED ANOTHER ONE CALLED THE PACIFIC GRILL, WHICH WAS A 1700 PACIFIC GOLD BAR, WAS AT 1930 ELM.
SO THE TWO OF THOSE WERE OPEN ABOUT SEVEN YEARS APIECE.
UM, THEN I MOVED DOWN TO A PLACE CALLED THE TEENY BAR, WHICH IS NOW SEIZURE CHAVEZ IS THE TAKEN OVER WHERE IT WAS WHEN THEY WIDENED THE ROAD AND KNOCKED THE BUILDING DOWN.
SO WHEN IT KNOCKED THAT ONE DOWN, I MOVED TO THE LOCATION I'M IN NOW, AND I'VE BEEN AT THE TEENY BAR FOR 10 YEARS.
I MOVED THE LOCATION I'M IN NOW, UM, AT THE 2204 ELM.
AND I'VE BEEN THERE FOR 10 YEARS.
THIS IS GOING ON MY 11TH YEAR.
UM, IT'S 21 AND UP ALL THE TIME.
I'VE BEEN DOING THIS IN, IN TOWN HERE.
I STARTED ON LOWER GREENVILLE IN, UH, 95, MY FIRST CLUB THERE.
BUT, UH, I'VE BEEN DOING THIS FOR 35 YEARS IN THIS, THIS, UH, THIS INDUSTRY RUNNING IT.
UM, NEVER HAD ANY PROBLEMS WITH T A B C, WITH, UH, THE POLICE DEPARTMENT, WITH FIRE, WITH, WITH REALLY WITH ANYONE.
THEY'RE A LOT MORE PROFITABLE IF YOU'RE THERE
IF THE DOORS ARE UNLOCKED, I'M THERE.
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ESPECIALLY SECURITY, MAKE SURE THEY'RE ALL KNOW EXACTLY WHAT THEY NEED TO DO.UM, I DON'T PERMIT OVERCROWDING.
UM, I THINK OUR TRACK RECORD STANDS, I'VE NEVER HAD VIOLATIONS OF, I'VE NEVER, YOU KNOW, HAD ANY VIOLATIONS FOR ANYTHING.
UH, I THINK THAT, THAT, THAT COVERS MY, MY END OF IT.
MR. WILLIAMS. DO YOU HAVE ANY QUESTION? UH, YES.
IN TAB SIX OF THE CITY'S EVIDENCE BINDER, UH, THERE'S A FIRE INSPECTOR REPORT FOR THE PROPERTY, UH, IN SEPTEMBER.
UH, IF, IF YOU GET YOUR LATE HOURS PERMIT, WILL YOU START OPERATING IMMEDIATELY OR ARE YOU GONNA CLEAR AND ARE YOU GONNA CLEAR THE FIRE VIOLATION BEFORE YOU GET THAT? YEAH, I'LL, I'LL CLEAR UP THE FIRE DEPARTMENT.
I'VE, I, SORRY, I SPOKE TO 'EM A COUPLE TIMES THIS WEEK ALREADY.
TRYING TO SEE WHEN, WHEN THEY HAVE TIME TO BE DOWN THERE AND I HAVE TIME TO BE DOWN THERE TO GO THROUGH THE, THE REINSPECTION.
UM, THEN WE WILL PROCEED TO BOARD QUESTIONS AND WE WILL GO DOWN THE LIST BOARD MEMBERS IN THE FIRST ROUND FOR, UH, EACH WILL HAVE THREE MINUTES.
UM, MS. ARIANO, DO YOU HAVE ANY QUESTIONS FOR THE APPELLANT OR THE APPELLANT'S REPRESENTATIVE? NO QUESTIONS.
UM, MS. WILLIS, I JUST HAVE ONE AND I'M JUST WANTING TO CLARIFY, GET, MAKE SURE I UNDERSTAND THAT ALL THE, UM, APPELLANT IS ASKING FOR IS JUST FOR, UM, AN EXTENSION ON THEIR HOURS TO BE OPEN.
IS THAT CORRECT? IT WOULD BE ALLOW DANCING ON THE LICENSE PREMISES FROM TWO TO 2:00 AM TO 4:00 AM CURRENTLY THEY HOLD THE CLASS A DANCE HALL LICENSE, WHICH ALLOWS DANCING UP UNTIL 2:00 AM.
UM, MS. TORRES, DO YOU HAVE ANY QUESTIONS FOR YOUR APPELLANT? UH, MR. WILEY, THANK YOU FOR BEING HERE.
UM, YOU MENTIONED THAT YOU ARE, YOU'RE THE GENERAL MANAGER AND YOU'RE THERE FROM LIKE, ALL, ALL THE TIME.
SO FROM SIX TO 4:00 AM YOU'RE AT THIS LOCATION OR YOU, YOU MEAN LIKE YOUR, YOU LOCATIONS? SO NOW I ONLY HAVE THE ONE.
UM, YEAH, AND WE'RE, WE'RE ONLY OPEN FRIDAY AND SATURDAY IS THE ONLY TIME IT'S OPEN.
UM, AND IT, SO I, WHEN IT'S OPEN, THEN I'M THERE.
THE REST OF THE TIME IT'S NOT OPEN.
SO YOU ONLY OPERATE FRIDAY AND SATURDAY? YEAH.
UH, MR. ILLA, DO YOU HAVE ANY QUESTIONS FOR THE APPELLANT? I DO CHAIR, JUST HAD A, A FEW TO UNDERSTAND.
UM, I ACTUALLY HAD THE PLEASURE OF HAVING MY OFFICE ABOUT A THOUSAND FEET FROM THIS PLACE, SO ALWAYS BEEN CURIOUS ABOUT IT.
UM, SO WHAT IS THE OPERATING TIME THAT YOU'LL BE RUNNING IT FROM, IF YOU HAVE THE FRIDAY, SATURDAY TIME, OR WILL IT BE OPEN ON THURSDAY OR THIS FRIDAY? SATURDAY.
AND WE'RE OPEN UP AT 11 AND WE'LL CLOSE IT FOR US IS THE PLAN.
AND CAN YOU TALK WHEN WE GET THESE LATE HOUR REQUESTS, JUST WANNA UNDERSTAND AND, AND MAYBE IT'S IN THE PACKET AND I OVER SAW IT OR DIDN'T GET TO APOLOGIZE ANY SOUNDPROOFING.
THE WALLS OF, OF THE BUILDING ARE, LUCKILY THEY'RE ABOUT THREE FOOT THICK AND THEY'RE SOLID BRICK.
UM, SO NO SOUND ESCAPES MY BUILDING WHATSOEVER.
LIKE I SAID, I'VE, I'VE BEEN THERE NOW FOR 11 YEARS WITH THE SAME THING GOING ON EXCEPT STOPPING AT TWO'S, WHAT WE USED TO DO AND NEVER HAD ANY COMPLAINTS FROM ANY OF THE NEIGHBORS.
IN FACT, THERE'S THE, THE ONE OF THE MAIN REASONS I REALLY ENJOYED BEING DOWN THERE IN THE SPOT I'M IN IS ONE, THERE'S NO NEIGHBORS REALLY.
I MEAN, THEY SNUCK ONE IN ON ME AND THEY PUT UP A NEW BUILDING.
IT'S ABOUT 800, WELL, EIGHT, 800 FEET AWAY FROM ME NOW.
UM, BUT CLOSER THAN THAT, THERE'S, THERE'S ABSOLUTELY NO RESIDENTIAL.
YOU, YOU KNOW, YOU'RE DOWN THERE, UM, AND AT NIGHTS THERE'S PLENTY OF PARKING.
SO THERE'S NEVER, UM, YOU KNOW, THAT'S THE OTHER REASON I REALLY LIKE THAT.
THERE'S NO ONE ELSE OPEN DOWN THERE AT NIGHT.
UM, IT'S A LOT EASIER TO CONTROL THE AREA, MAKE SURE THERE'S NO PROBLEMS BECAUSE I'M THE ONLY ONE DOWN THERE.
MY SECURITY KNOWS THE PEOPLE THAT ARE DOWN THERE COMING INTO MY SPACE.
THEY CAN, I WORK THE PARKING LOTS WITH SECURITY ALSO, MAKE SURE, HEY, THE FRONT DOOR'S OVER
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HERE KNOW WE'LL KEEP AN EYE ON YOUR CAR FOR YOU.DON'T WORRY, NOTHING'S GONNA HAPPEN.
SO I, I REALLY ENJOY THE SPACE.
UH, DO YOU, IN REGARD TO SECURITY, WHAT IS USUALLY THE SECURITY THAT YOU RUN? HOW MANY INSIDE, OUTSIDE, UM, ARE THEY, UM, DALLAS POLICE, ARE THEY DALLAS PD? I GUESS GIMME A LITTLE BIT OF BACKGROUND ON THAT.
YES, WE RUN D P D OFFICERS AND WE HAVE USUALLY OUT IN THE PARKING LOT, I'LL HAVE TWO OR THREE WANDERING AROUND THE PARKING LOTS.
AND THEN I'LL HAVE THREE OR FOUR ON THE INSIDE JUST TO MAKE SURE EVERYTHING'S FINE.
AND ARE THEY THERE 11 TO FOUR? ARE THEY THERE? 10 TO FIVE, I GUESS.
HOW DOES THAT WORK FOR YOU? 10, 10 30 TO FOUR 30 USUALLY IS ABOUT WHEN I NEED.
AND, UM, WHAT'S THE CAPACITY, I GUESS, THAT, THAT YOUR FIRE CODE ALLOWS YOU TO HAVE IN THERE? 300 OR 2 99, I THINK IS WHAT IT IS.
AND THE MAJORITY OF MY CROWD IS, UH, SERVICE INDUSTRY PEOPLE THAT COME FROM THE OTHER SERVICE INDUSTRY, FROM THE OTHER RESTAURANTS AND BARS AND HOTELS AROUND THE AREA THAT GET OFF EARLIER.
AND THEN THEY COME OVER TO, TO MY ESTABLISHMENT.
IF THAT'S, I WOULD SAY IS THE MAJORITY OF MY CLIENTELE.
UM, GIVEN THAT I REALIZE THERE'S NO RESIDENCE OR THERE'S A FEW RESIDENTIAL, UH, PROPERTIES THERE, UM, AS A INCREASE WITH EACH QUARTER, UM, DO YOU SEE THAT THIS WOULD BE, UM, I GUESS, I GUESS I'M CUR I'M NOT DOWN THERE AT 11:00 AM OR 11:00 PM TO 4:00 AM BUT, UM, I'M CURIOUS OF, DO YOU SEE THIS CHANGING AS MORE RESIDENTIAL PROPERTIES ARE BUILT OR, UM, THE HOTEL THAT'S JUST ACRO, YOU KNOW, UM, ACROSS THE, OR I GUESS JUST THE, THE PARKING GARAGE, THE ELM STREET PARKING GARAGE IS IN BETWEEN YOU AND THE HOTEL.
UM, DO YOU SEE THAT BECOMING AN ISSUE OR A NOISE ISSUE? NO, NOT, NOT, NOT AT ALL.
LIKE I SAID, AND IT NEVER HAS BEEN BEFORE, WE'RE OPEN UNTIL TWO, YOU CAN'T REALLY, UM, WITH, WITH THE WAY MY BUILDING WAS BUILT OR IS, YOU KNOW, IN THE 1940S WITH, WITH THE WALLS BEING THREE FOOT THICK, IT STOPS ALL THE SOUND IN THERE.
WHAT DO YOU GENERALLY DO AT THANK YOU, MR. MR. CILLA, THAT'S YOUR TIME FOR THIS ROUND.
UM, MR. JEFF, DO YOU HAVE ANY QUESTIONS FOR THE APPELLANT? NO QUESTIONS.
UM, MR. HAYES, DO YOU HAVE ANY QUESTIONS FOR THE APPELLANT? YEAH, ONE QUICK QUESTION.
ON THE CITY'S EXHIBITS, THERE'S ONE POLICE COMPLAINT RELATED TO NOISE.
ARE YOU FAMILIAR WITH THAT COMPLAINT? AND WHAT WAS IT ALL ABOUT? USUALLY WE GET A LOT OF DETAILS, BUT THIS TIME THE CITY'S PACKET DIDN'T INCLUDE ANY DETAILS.
IF YOU'RE NOT FAMILIAR WITH IT, I'LL JUST HOLD MY QUESTION FOR THE DETECTIVE.
UM, SO THERE WAS A GUY, THERE'S A GUY THAT, UH, THAT DOES BASICALLY THE SAME THING WE DO, UM, A LITTLE FARTHER AWAY FROM US THAN WE HAVE SOME OF THE DJS THAT HE HAS ALSO.
SO WHEN WE STARTED TO DO THIS, UM, UH, A FEW MONTHS AGO, HE WOULD LIKE TO COME BY AND CALL IN NINE ONE ONE COMPLAINTS ON US.
AND IF YOU CAN SEE THE, THE CITY ATTORNEY WILL SPEAK TO THIS, BUT AS SOON AS THE, ANY, THE OFFICERS FROM D P D SHOWED UP, THEY CLEARED THE CALL IMMEDIATELY THAT IT WAS A FAKE CALL.
AND THAT'S WHY, UM, THERE'S NO NOTES ON IT.
'CAUSE IT WAS, THEY, IT WAS EASY TO TELL, IT WAS COMPETITION TRYING TO SHUT ME DOWN.
MR. QUINT, DO YOU HAVE ANY QUESTIONS? I JUST HAVE ONE QUICK ONE.
UM, THANK YOU FOR BEING HERE TODAY.
AND I READ THROUGH YOUR PLAN AND IT'S AS COMPREHENSIVE AND SPOT ON AS IT CAN BE.
SO I APPRECIATE YOU REALLY TRIED TO MAKE SURE THAT YOU HAD ALL YOUR DUCKS IN A ROW.
UM, I SEE THAT YOU HAVE NO T A B C LICENSE.
ARE YOU A A B Y O B ESTABLISHMENT OR DO YOU NOT ALLOW ANY LIQUOR, BEER, AND WINE ON THE PREMISES? SO BEFORE, UM, I HAD A LIQUOR LICENSE THE 10 YEARS PREVIOUS TO THIS.
AND, UM, THE BUILDING, I'LL GIVE YOU A LITTLE HISTORY.
HOW LONG HAVE THE BUILDING WAS SCHEDULED FOR DEMOLITION ON JANUARY 1ST? SO I GAVE UP MY LIQUOR LICENSE JANUARY 1ST, UH, EXPIRED THEN ALSO, SO THE LANDLORD CAME BACK TO ME ON THE JANUARY 3RD AND SAID, I CAN'T GET FINANCING TO BUILD A NEW BUILDING HERE.
SO AT 8% HE COULDN'T BE FINANCED, SO I CAN'T BUILD IT.
SO YOU CAN STAY, UM, FOR A COUPLE, COUPLE MORE YEARS, STEVE, IF YOU WOULD LIKE TO.
UM, SO AT THAT POINT, UM, I DECIDED NOT TO, TO GET UNDER THE LIQUOR LICENSE, UM,
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AND TO JUST DO, UM, YOU KNOW, LATE NIGHT AND EVERYTHING WITHOUT LIQUOR.UM, AND IT SEEMS TO WORK FINE.
WE DID IT BEFORE WITHOUT, WITHOUT ALCOHOL.
AND IT WAS GREAT, REALLY, OUR CLIENTELE INSTEAD, IT WAS MOSTLY SERVICE INDUSTRY PEOPLE.
THEY'RE COMING FROM ANOTHER JOB, SO THEY JUST COME OVER AND, AND RELAX.
SO REALLY, REALLY TURNED OUT TO BE, UH, A LAID BACK, LAID WELL, REALLY NICE GROUP OF PEOPLE THAT CAME OVER.
THAT'S WHY I WENT THROUGH THE, THROUGH THE PROCESS OF GETTING THE LICENSES TO DO THE LATE NIGHT.
IT SEEMED LIKE JUST, JUST A REALLY, REALLY NICE, UH, NICE CROWD THAT WE HAD DEVELOPED.
SO IT'S NOT A B Y O B ESTABLISHMENT? IT IS NOT RIGHT NOW, NO.
UM, YOU, YOU HAD SAID THAT IT'S NOT A B Y O B ESTABLISHMENT RIGHT NOW.
DO YOU INTEND TO HAVE IT BE A B Y O B ESTABLISHMENT AT ANY POINT? UH, IT MIGHT.
I DON'T, I DON'T REALLY KNOW FOR SURE RIGHT NOW.
UM, IT WOULD JUST KIND OF DEPEND ON, UM, WHETHER THE CROWD WANTED, SEEM TO, TO WANT IT.
THE MAJORITY OF THE CROWD COMES TO WHERE, WHERE WE ARE NOW BECAUSE, UM, WE HAVE DIFFERENT DJS THAT PLAY THAT, THAT BRING A CROWD.
YOU KNOW, THEY'RE MORE THERE TO RELAX AND LISTEN TO THE MUSIC, I THINK, THAN THEY ARE REALLY TO, TO DRINK, DO A LOT OF DRINKING.
ARE ARE YOU SERVING ANY KIND OF FOOD OR BEVERAGE RIGHT NOW? I SERVE, UM, WE SERVE A, WE HAVE A COFFEE BAR.
WE HAVE, UM, SODAS AND RED BULL AND WATER, THINGS OF THAT NATURE.
UM, ON THE, IN THE CITY'S EXHIBIT, UM, MR. WILKINS HAD ASKED YOU ABOUT THE, UM, THE FIRE CODE VIOLATIONS.
UH, A LOT OF THOSE SEEM FAIRLY SIMPLE TO REMEDY.
THERE WERE A COUPLE THAT WERE REFERRING TO, LIKE STRUCTURAL INTEGRITY AND LEAKS ON THE SECOND FLOOR AND THE ROOF.
UM, HAVE THOSE BEEN INSPECTED BY AN ENGINEER? DO YOU HAVE A PLAN TO REPAIR THAT STUFF? YES.
SO I HAD AN ENGINEER OVER THERE, UM, EARLIER THIS WEEK, AND HE HAS LOOKED AT EVERYTHING AND ONE OF THE WALLS HAD A CRACK, HAS A CRACK IN IT THAT'S BEEN THERE SINCE I TOOK THE BUILDING 11 YEARS AGO.
AND IT, I THOUGHT IT KIND OF LOOKED COOL, SO I NEVER TRIED TO FIX IT.
THE BUILDING'S NOT COMING DOWN.
SO THE ENGINEER CAME THROUGH AND HE SAID IT LOOKS FINE.
HE'S WRITING THE REPORT RIGHT NOW.
UM, JUST HE SAID, MORE OF A CRACK UP, PUT SOME, PUT SOME MORE OF THE CRACK, YOU'LL BE FINE.
UM, THERE'S, IF IT, IT WASN'T STRUCTURALLY SOUND, I, I WOULDN'T REMAIN THERE.
UH, MS. SHIN, DO YOU HAVE ANY QUESTIONS? I THANK YOU CHAIR.
I JUST HAVE A COUPLE QUESTIONS.
UM, DO YOU, YOU'VE BEEN IN THIS LOCATION FOR OVER 10 YEARS.
ARE THERE ANYTHING, DOES YOUR ORGANIZATION DO ANYTHING TO GIVE BACK TO THE COMMUNITY? LIKE ANY CHARITIES THAT YOU PARTICIPATE IN? YEAH, WE WILL WITH 24 HOUR DALLAS.
UM, I, I PERSONALLY GIVE THE S P C A.
BUT I DON'T KNOW IF THE, THE ACCOUNTANT PUTS IT ON MY, PUTS MY NAME ON OF THE BUSINESSES, BUT I DO PERSONALLY GIVE THE SHELTERS.
AND THEN, UH, THE HOTELS AND APARTMENTS AROUND YOU, UM, ESPECIALLY THE APARTMENTS THAT ARE CAUSING YOU TO BE HERE, UH, DO YOU MEET WITH THEM ON A REGULAR BASIS TO KIND OF CHECK IN WITH THEM TO MAKE SURE THAT NO, I, UM, SINCE THEY, THEY BUILT IT THERE, I DIDN'T KNOW IT WAS RESIDENTIAL.
I, UH, I THOUGHT IT WAS, I THOUGHT IT WAS OFFICES, YOU KNOW.
UM, IT'S SO FAR AWAY FROM ME THAT, THAT I'VE, I'VE, I'VE NEVER, 9 1 1, I'VE, I'VE NEVER HAD ANY COMPLAINTS.
I'VE NEVER HAD ANY, ANY BUSINESS TO, IT'S LITERALLY, I THINK IT'S FOUR CITY BLOCKS AWAY FROM ME THAT IT, IT NEVER ENTERED MY MIND TO EVEN GO OVER YOU.
YOU KNOW WHAT I MEAN? IT, IT'S, UM, WHEN I FIRST OPENED DOWN THERE, THIS LOCATION, 10, 11 YEARS AGO, I WENT AROUND TO EVERYONE, UM, AND I COULD FIND ANYWHERE.
I USED TO TAKE A HALF STACK OF FLYERS, LIKE, LIKE THIS AND WALK ALL DAY AND, AND, AND NIGHT AND HAND OUT FLYERS TO ALL THE HOTELS TO, TO ANY OF THE, THE, THE BUILDINGS AROUND ME, BEUM AROUND EVERYONE, PEOPLE WALK AROUND THE STREETS TRYING TO BUILD UP A HAPPY HOUR IN THE LOCATION.
UM, BECAUSE I FIGURED, WELL, I'M THE ONLY PERSON DOWN HERE, UP HAPPY HOUR MUST BE ABLE TO GET SOMETHING BUILT UP.
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NOW THAT DIDN'T WORK, YOU KNOW? SO THAT'S WHEN WE BASICALLY SWITCHED OVER SIX MONTHS AFTER I OPENED THE ESTABLISHMENT TO DOING THE STUFF, UH, THE, THE LATER NIGHT ON THE, ON THE WEEKENDS, BECAUSE I LITERALLY COULDN'T, COULDN'T BUILD A BUSINESS ANY, ANYTIME, EXCEPT FOR LATE NIGHT DOWN THERE.YOU KNOW, I GUESS WITH DEEP ELEMENTS STUFF, RIGHT, RIGHT DOWN THE ROAD AND HAVING, YOU KNOW, ALL THE PEOPLE DOWN THERE, IT, IT OFFERS ME A LITTLE DEMAND FOR PEOPLE THAT DON'T WANT TO BE SOMEPLACE THAT'S JUST CRAMMED FULL OF PEOPLE AND FULL OF CARS AND FULL OF TRAFFIC.
LIKE I SAID, I'M REALLY THE ONLY PERSON WHERE I AM.
YOU CAN DRIVE RIGHT UP AND YOU CAN, YOU CAN WALK, YOU KNOW, YOU CAN SEE THAT THE, THE ENTRANCE, USUALLY THE PARK AND THE LIGHT.
YOU CAN WALK STRAIGHT IN, YOU WALK OUT, SEE WHERE YOUR CAR IS.
IT'S, IT'S A NICE, SAFE, WELL LIT.
IT'S, IT'S JUST A VERY DIFFERENT ENVIRONMENT.
LIKE THAT'S WHY WE HAVE A NICE, A NICE CROWD.
UH, ALRIGHT, WE'LL GO BACK FOR A SECOND ROUND OF QUESTIONING IN CASE ANYBODY HAS ANY MORE QUESTIONS.
MS. WILLIS, DO YOU HAVE ANY MORE QUESTIONS? NOT AT THIS TIME.
MR. ILLA, YOU SAID A FEW REGARDING PARKING.
UM, MR. WILEY, I'M, I ALWAYS WAS WONDERING IN REGARDS TO THAT PARKING, IS THAT SOMETHING YOU OWN OR IS THAT SOMETHING THAT IS OWNED BY THE LANDLORD OR WHO OWNS THAT PARKING LOT? SO MY LANDLORD OWNS, UM, YOU'RE, YOU'RE FAMILIAR WITH IT, YOU, YOU OFFICE DOWN THERE.
SO IF YOU LOOK AT YEAH, JUST SOUTH OF ME RIGHT THERE.
AND, UM, THE ONE TOWARD, ON THE FEL SIDE, I THINK YOU CAN GET HUNDRED ON THE EAST SIDE.
ON THE EAST SIDE OF YOUR, YEAH, ON THE EAST SIDE.
UM, I'M PRETTY SURE HE OWNS THAT ONE NOW TOO.
UM, HE WAS IN THE PROCESS OF BUYING THE ENTIRE BLOCK.
UM, SO I THINK HE OWNS THAT ONE ALSO.
UM, AND THEY'RE ALL, UH, YOU KNOW, I THINK THEY'RE A COUPLE BUCKS A NIGHT DOWN THERE, LIKE $2 TO PAY THE, PAY THE METER.
'CAUSE THERE'S NO, IT'S GOOD FOR ME TOO, BECAUSE THERE'S NO OTHER DEMAND DOWN THERE.
YOU CAN PARK CHEAPLY BECAUSE THERE'S NOWHERE ELSE TO GO, EXCEPT MY PLACE.
WELL, AND I GUESS I JUST WANTED TO MAKE SURE THAT THERE IS, THAT THAT PARKING DOESN'T GO AWAY.
OBVIOUSLY IF THEY GO INTO THE PARKING GARAGE, THAT'S GONNA BE A LOT MORE EXPENSIVE.
SO MY QUESTION TO YOU WAS, IS THERE ANY, IF HE'S, I GUESS IF HE OWNS IT, IT SOUNDS LIKE THERE'S, YOU'RE SAFE WITH BUILDING AND PARKING SPOT UNTIL I GUESS LANDLORD SELLS.
IS THAT THE WAY YOU SEE IT? YEAH.
AND IF YOU LOOK, IF YOU LOOK TO THE NORTH OF ME, THERE'S ABOUT A THOUSAND SPACES.
UM, THEY'RE ALL OVER AT NIGHT.
WELL, THERE'S ALSO THAT FOUNTAIN AND THE CITY FOUNTAIN AND PARK AND ALL THAT.
SO
YOU GO TO THE, YOU GO TO THE THOUSAND PARKING SPACES, THEN YOU HIT, THEN YOU HIT THE FOUNTAIN, THE NEW FOUNTAIN OVER THERE.
UH, MR. JEFFS, DO YOU HAVE ANY QUESTIONS? NO QUESTIONS.
MR. HAYES, DO YOU HAVE ANY MORE QUESTIONS? NO MORE QUESTIONS.
MR. QUINT, DO YOU HAVE ANY MORE QUESTIONS? NO QUESTIONS.
MS. SHIN, DO YOU HAVE ANY MORE QUESTIONS? NO MORE QUESTIONS.
UM, MY ONLY REMAINING QUESTION IS, DO, DO YOU CHARGE A COVER? HOW ARE YOU MAKING MONEY IF YOU'RE JUST SELLING SOFT DRINKS AND COFFEE? YES, WE TAKE A COVER CHARGE.
UH, I GUESS WE WILL MOVE ON TO THE CITY.
AND MR. WILKINS, YOU'RE RECOGNIZED FOR 10 MINUTES.
WELL, I, I CAN, UH, I CAN FOREGO AND INTRO AND JUST CALL MY FIR FIRST WITNESS.
MY ONLY WITNESS IF YOU'D LIKE.
UM, CITY CALLS DETECTIVE ARMANDO
UM, PLEASE STATE YOUR NAME FOR THE RECORD.
AND HOW ARE YOU EMPLOYED? I'M CURRENTLY ASSIGNED TO THE VICE LICENSE UNIT.
HOW LONG HAVE YOU EMPLOYED IN THAT CAPACITY? I'VE BEEN A DETECTIVE FOR THE PAST SIX YEARS.
FOR THE PAST SIX MONTHS I'VE BEEN ASSIGNED TO, UH, VICE PRACTICING.
AND WHAT ARE YOUR RESPONSIBILITIES IN VICE UNIT? UH, TO DENY, REVOKE, SUSTAIN, AND APPROVE.
[00:35:01]
UH, AGAINST HALL EIGHT HOURSSO YOU, YOU REVIEWED THE LICENSE? YES.
UM, DID YOU REVIEW THE APPLICATION FOR TIPTOP, BIG DOG DANCE HALL, LAID HOURS PERMIT? YES, I DID.
AND TURNING TO TAB ONE IN OUR BINDER, UM, CAN YOU BRIEFLY DESCRIBE THE APPLICANT'S APPLICATION HISTORY? IT WAS ON 4 19 20 23.
UH, DANCE HALL LAID HOURS APPLICATION WAS SUBMITTED ON, UH, MAY 26TH, 2023.
THE ZONING AND LAND SURVEY, UH, WAS REQUESTED TO THE LOCATION.
THE LAND SURVEY WAS COMPLETED.
UM, IT'S GONNA BE ON, UM, SEVEN 10.
THE LATE HOURS LICENSE DENIED ONCE THE LAND SURVEY CAME BACK.
UH, AND THEN, UH, ON SEVEN 12 THE ZONING LETTER WAS RECEIVED, RECEIVED, AND THEN THE DANCE HALL LICENSE WAS APPROVED ON, UH, SEVEN 10.
WELL, UH, AND THEN WE HAVE THE FIELD HEARING THAT WE PRESS IT ON 7 17 20 23 AND WE'RE HERE AT THE FIELD HEARING.
AND, UM, WHY WERE THEY DENIED A LATE HOURS PERMIT? OH, SORRY, ATTORNEY TOP TWO.
IS THIS THE APPLICATION? YES, THAT'S THE APPLICATION.
AND WHY WERE THEY DENIED A LATE HOURS PERMIT? UH, THE LATE HOURS WAS DENIED BECAUSE, UH, THE BUSINESS WAS WITHIN 1000 FEET OF THE BOUNDARY LINE OF, UH, A LOT TO DEVOTE TO RESIDENTIAL.
SO, IS DENIAL FOR THIS, UH, FOR THAT LOCATIONAL RESTRICTION, DISCRETIONARY, OR MORE? IT'S MANDATORY BASED ON, ALRIGHT.
UM, ATTORNEY TAB FIVE, UH, DOES THIS TAB DOCUMENT CALLS FOR SERVICE AT THE LOCATION? YES, IT IS.
UM, AND HOW MANY CALLS PER SERVICE WERE THERE OVER THE PAST YEAR? PRIOR? ALL RIGHT.
AND DID ANY OF THOSE RESULT IN A, IN A REPORT IN GENERATED? NO, IT DID NOT.
UM, AND, UH, DO YOU HAVE REASON TO BELIEVE THAT THIS BUSINESS WILL CREATE A PUBLIC SAFETY PROBLEM IF IT OPERATES DURING LATE HOURS? IT, IT'S KINDA HARD TO SAY SINCE THE S HAVE NOT BEEN OPERATED FOR THE LAST FEW MONTHS.
UM, SO ASIDE FROM LOCATIONAL RESTRICTION, UH, DO YOU KNOW OF ANY OTHER REASON TO DENY THAT ADVANCE ALL LAID OUT IN PERMIT AT THIS TIME? NO.
UH, MR. POLLY, DO YOU HAVE ANY QUESTIONS FOR THE CITY OF WITNESS? UH, NOT AT THIS TIME.
WELL, I THINK WE'VE PRETTY WELL COVERED EVERYTHING.
UM, SO I THINK IT'S PRETTY STRAIGHTFORWARD.
THEN WE WILL PROCEED WITH, UH, I'M SORRY, MS. WILKINS, THIS IS YOUR, OH, THIS IS YOUR ONLY WITNESS? YEAH.
UM, WE'LL PROCEED WITH BOARD QUESTIONING THEN.
UH, BEGINNING WITH, BEGINNING WITH MS. ARIANO.
DO YOU HAVE ANY QUESTIONS FOR THE, UH, CITY WITNESS? NO, I DO NOT.
THANK YOU, MS. WILLIS, DO YOU HAVE ANY QUESTIONS FOR THE CITY WITNESS? NO, I DO NOT.
THANK YOU, MS. TORRES, DO YOU HAVE ANY QUESTIONS FOR THE CITY WITNESS? HMM, PROCEED.
THANK YOU, DETECTIVE, UM, DEUS FOR BEING HERE.
DID YOU VISIT, UH, THIS LOCATION DURING YOUR INVESTIGATION? UH, YES.
AND WERE YOU THERE FROM 11 TO LIKE LATE AT NIGHT BASICALLY? UH, WE HAVE BEEN BY THE LOCATION LATE AT NIGHT, BUT IT WASN'T OPEN.
UM, BUT WE HAVE GONE DURING THE DAY.
AND THEN, UM, I JUST WANNA CONFIRM, YOU MENTIONED THIS IS MORE OF LIKE A MANDATORY DENIAL.
YOU FIND NO OTHER REASON TO HAVE DENIED THIS APPLICATION IN YOUR, UM, WITH YOUR EXPERTISE, CORRECT? NOT, NOT AT THIS TIME.
MR. CILLA, DO YOU HAVE ANY QUESTIONS? NO, THEY'VE BEEN ASKED.
UH, WITH APOLOGIES TO MR. WILEY.
DETECTIVE, UH, MR. WILEY SAID THAT THAT NOISE COMPLAINT WAS A NUISANCE COMPLAINT.
DO YOU HAVE ANY KNOWLEDGE THAT WOULD SUPPORT WHAT MR. WILEY SAID? BASED ON WHAT I FOUND, UH, I DON'T HAVE ANY KNOWLEDGE TO SUPPORT WHAT HE SAID.
UH, THERE IS NO REPORT GENERATED.
THERE'S ACTUALLY NO COMMENTS ON
[00:40:04]
UH, THANK YOU MR. HAYES.UH, MR. QUINT, DO YOU HAVE ANY QUESTIONS FOR THE CITY'S WITNESS? NO QUESTIONS.
MS. SHIN, DO YOU HAVE ANY QUESTIONS? NO QUESTIONS.
UH, DETECTIVE, I JUST WANTED TO, UH, TO FOLLOW UP ON MR. HAYES'S QUESTION.
YOU, ARE YOU SAYING YOU JUST DON'T KNOW ONE WAY OR THE OTHER ABOUT THAT NOISE CALL? SINCE THERE'S NO NOTES EXACTLY.
IT, THERE'S NOTHING TO SUPPORT WHAT HE SAID.
AS FAR AS ON MINE, DID, DOES THE FACT THAT THERE'S NO NOTES AND IT WAS CLOSED IMMEDIATELY SUGGEST ANYTHING TO YOU? MOST OF THE TIME WHEN THERE'S NO COMPLAINT OR NO COMPLAINANT, SOMETIMES THEY WON'T PUT ANY NOTES.
BUT THERE, IF IT WAS SOMETHING EGREGIOUS THAT THERE, THERE WOULD BE SOME NOTES HERE.
UM, IN THAT AREA, I'M NOT FAMILIAR WITH EXACTLY WHAT'S GOING ON IN THAT AREA RIGHT NOW, BUT DO YOU THINK THAT THERE'S ANY KIND OF URBAN RENEWAL OR ANYTHING LIKE THAT GOING ON THAT THIS CLUB WOULD INTERFERE WITH? I, I DON'T HAVE KNOWLEDGE OF THAT, SO I WOULDN'T KNOW.
UH, AND I'LL JUST QUICKLY, UH, GO BACK THROUGH THE LIST AND SEE IF ANYBODY HAS ANY FOLLOW UP QUESTIONS.
MR. HAYES, NO FURTHER QUESTIONS.
MS. SHIN, I JUST HAVE ONE QUESTION.
UM, OVERALL IN THIS AREA, DO YOU, CAN YOU DESCRIBE FOR US THE LEVEL OF CRIME, IF ANY? UM, I KNOW FOR THE SPECIFIC ADDRESS THAT THERE'S NOT ANY, BUT JUST THIS GENERAL AREA OF THE CITY.
I MEAN, FROM MY KNOWLEDGE, UH, I WOULDN'T SAY THAT CERTAIN AREA HAS A LOT OF CRIME.
IT'S MOSTLY COMPLETED TO DEVELOPMENT RECENTLY.
UM, I ACTUALLY JUST HAVE A QUESTION FOR MR. WILKINS.
HAVE YOU SPOKEN TO D F R ABOUT THE, UH, FIRE INSPECTION REPORT? UH, YEAH.
UH, UH, ONCE, ONCE THEY GOT THE INSPECTION DONE.
THEY, THE LAST I, LAST I SPOKE WITH, UM, WELL LAST, LAST I SPOKE WITH THEM.
THEY, THEY SAID THE INSPECTION'S BEEN, BEEN COMPLETED AND THEY'RE IN COMMUNICATION WORKING.
DO YOU, DO YOU HAVE ANY CONCERNS THAT, UH, THERE WON'T BE COOPERATION OR RESOLUTION OF ANY OF THOSE, UH, ISSUES? I MEAN, I, I CAN'T SPEAK TO FIRE, BUT FIRE IS ALSO PERFECTLY CAPABLE OF SHUTTING DOWN A BUSINESS IF THEY FEEL THAT IT'S UNAID, SO.
I, UM, ALRIGHT THEN, UH, THAT WILL CONCLUDE THE BOARD QUESTIONING.
UM, AND, UH, WE'LL MOVE ON TO CLOSING STATEMENTS.
IF, UH, EITHER OF YOU WOULD LIKE TO MAKE A CLOSING STATEMENT, UH, MR. POLLY, WE'LL BEGIN WITH YOU.
WELL, I THINK WE'VE COVERED EVERYTHING PRETTY WELL HERE.
UH, WE'D LIKE TO ASK THAT THE BOARD JUST GIVE CONSIDERATION TO GRANTING THE REQUEST.
AND AS FOR ANY CONCERN ABOUT FIRE INSPECTIONS, THEY WILL BE COMPLETED BEFORE IT'S OPEN.
THE APPLICANT HAS ASSURED ME OF THAT.
UH, MR. WILKINS? UH, NO CLOSING, MR. CHAIR.
UH, WITH THAT WE WILL MOVE ON TO, UH, BOARD DISCUSSION AND MOTIONS.
IS THERE A MOTION REGARDING, UH, THE DENIAL OF THE DANCE HALL LATE HOURS PERMIT FOR TIP TOG TIP TOP, BIG DOG, INC.
ANYBODY WANNA MAKE A MOTION EITHER TO, UH, AFFIRM THE CHIEF OF POLICE OR REVERSE THE DECISION AND GRANT THE, UH, EXEMPTION? I MOVE THAT WE REVERSE THE
[00:45:01]
DECISION AND GRANT THE EXEMPTION MOTION BY MR. HAYES.UH, IS THERE A SECOND? SECOND.
I HEARD VICE CHAIR TORRES FIRST.
UH, SO WE HAVE A MOTION BY MR. HAYES TO REVERSE THE DECISION OF THE CHIEF OF POLICE AND GRANT A LATE HOURS EXEMPTION FOR TIPTOP BIG DOG INK.
MIGHT HAVE TO HAVE LESS OF A NAME TWISTER, A TONGUE TWISTER NAME IF YOU COME BACK HERE NEXT YEAR.
UH, WELL, WE HAVE A MOTION BY, UH, MR. HAYES AND SECONDED BY VICE CHAIR TORRES.
UM, UH, NOW WE'LL HAVE DISCUSSION ON THE MOTION.
MR. HAYES, WOULD YOU LIKE TO SPEAK IN FAVOR OF YOUR MOTION FOR THREE MINUTES? UH, NO, I WOULDN'T LIKE TO SPEAK FOR THREE MINUTES.
I'D LIKE TO SPEAK FOR ABOUT 10 SECONDS.
I THINK THAT, UH, MR. WILEY, UH, CLEARLY HAS DEMONSTRATED THAT HE IS A RESPONSIBLE BUSINESS OWNER, AND, UH, HE'S MET THE NOISE AND SECURITY REQUIREMENTS THAT CERTAINLY, UM, ARE WELL ABOVE WHAT I WOULD EXPECT FOR THAT.
AND I THINK IT'S AN ASSET FOR THE NEIGHBORHOOD.
UH, IS THERE ANYBODY WHO WOULD LIKE TO SPEAK AGAINST THE MOTION? OKAY.
UH, MS. TORRES, WOULD YOU LIKE TO SPEAK IN FAVOR OF THE MOTION? YES, SURE.
UM, I JUST THINK THAT, UM, THIS ESTABLISHMENT, UM, IS BEING LED WELL AND MANAGED WELL.
YOU KNOW, LIKE HE'S DEFINITELY THERE PROVIDING, UM, THE SECURITY THAT'S NEEDED, THE SOUND.
AND, UM, UH, FOR THAT REASON, I THINK THAT, AND, AND ESPECIALLY WITH THE SECURITY, THE AMOUNT OF SECURITY THAT'S THERE, UM, WE SAW, YOU KNOW, THE EVIDENCE SAY THAT.
SO I THINK THAT THEY SHOULD BE ALLOWED TO STAY OPEN A LITTLE BIT LATER SINCE THEY ARE PROVIDING, UM, SOMETHING THAT'S MUCH NEEDED IN THIS COMMUNITY, IT SOUNDS LIKE.
VICE CHAIR FOR, UM, IS THERE ANYBODY WHO WOULD LIKE TO SPEAK AGAINST THE MOTION? IS THERE ANYBODY WHO'D LIKE TO SPEAK ON THE MOTION? NEITHER FOR OR AGAINST? OKAY.
IS THERE ANYBODY ELSE WHO'D LIKE TO SPEAK FOR THE MOTION? ALL RIGHT.
IF THERE'S NO FURTHER DISCUSSION, WE WILL MOVE TO A VOTE.
UH, BOARD MEMBERS, PLEASE MAKE SURE THAT YOUR CAMERAS AND MICROPHONES ARE ON FOR THE VOTE.
UH, THE MOTION, THE MOTION IS BY, UH, HAYES TO REVERSE THE DECISION OF THE CHIEF OF POLICE TO GRANT AN EXEMPTION FOR TIPTOP, BIG DOG INKS, DANCE HALL, LATE HOURS PERMIT.
UH, ALL THOSE IN FAVOR SAY AYE.
UH, THE MOTION PASSES UNANIMOUSLY.
UH, SO THIS CONCLUDES TODAY'S HEARING AT 9:30 AM AND, UH, THE BOARD MEMBERS THAT ARE, UH, VIRTUAL, PLEASE REMEMBER TO MONITOR YOUR, UH, EMAIL FOR THE DOCUSIGN.