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THANK YOU.[Permit and License Appeal Board on May 16, 2024.]
MORNING LADIES AND GENTLEMEN.WELCOME TO THE HEARING OF THE PERMANENT LICENSE APPEAL BOARD FOR THE CITY OF DALLAS.
I AM VICE CHAIR OF PLA AND I WILL BE, UM, OVERSEEING THIS MEETING.
THERE IS A POSSIBILITY THAT I MAY HAVE TO EXCUSE MYSELF, UM, BUT WE DO HAVE SOMETHING PLANNED IF THAT HAS, UM, THAT DOES OCCUR.
SO IT IS CURRENTLY 8 34 ON THURSDAY, MAY 16TH, 2024.
WE HAVE ONE HEARING ON TODAY'S AGENDA, THAT BEING FOR KAA DISCOTECH, LLC, APPEALING THE DENIAL OF AN APPLICATION FOR A LATE HOURS PERMIT.
AT THIS TIME, I WILL DO A ROLL CALL AND IF PRESENT, PLEASE SAY HERE FOR OUR BOARD MEMBERS.
ABSENT FROM THIS HEARING ARE CHAIR SATNICK.
ARE CHAIR SATNICK ANGELA WILLIS.
WE HAVE A QUORUM PRESENT AT THIS MEETING, AND IT'S NOW CALLED TO ORDER.
WILL OTHERS PRESENT AT TODAY'S HEARING? PLEASE INTRODUCE YOURSELVES, STARTING WITH THE BOARD'S GENERAL COUNSEL.
THE APPELLANT OR ITS REPRESENTATIVE? UH, ROGER ALBRIGHT ON COUNSEL FOR ALU.
CARDONA RESIDENT, CEO OF THE CORPORATION.
UH, ANY WITNESSES TODAY? I, UH,
DAVID WILKINS WITH THE CITY ATTORNEY'S OFFICE AND ANY CITY WITNESSES? I HOPE SO.
UM,
UH, WE WILL NOW ALLOW FOR PUBLIC COMMENT ON TODAY'S HEARING SPEAKERS, AND ACTUALLY, I BELIEVE THERE ARE NO SPEAKERS REGISTERED TODAY TO ADDRESS THE BOARD.
SO OUR FIRST ORDER OF BUSINESS ON THE AGENDA IS ITEM TWO, WHICH IS APPROVAL OF THE MINUTES FROM MARCH 7TH, 2024.
IS THERE A MOTION? RIGHT REGARDING MEETING MINUTES FOR MARCH 7TH, 2024.
I MOTION THAT WE APPROVE THE MINUTES.
SO WE HAVE BEEN, UH, MOTIONED BY, UM, MR. JEFF AND SECONDED BY MR. CILLA.
DO ANY OF THE MEMBERS OF THE BOARD WISH TO MAKE A COMMENT ON THE MOTION? OKAY, GREAT.
UM, IF THERE'S NO FURTHER DISCUSSION, WE WILL TAKE A VOTE.
THE MOTION PASSED BY UNANIMOUS VOTE.
ITEM THREE IS OUR APPEAL HEARING FOR KAA DISCOTECH.
THE NEXT ORDER OF BUSINESS IS TO HEAR THIS REQUEST WITH KUA DISCOTECH APPEALING THE DENIAL OF A DANCE HALL 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 AT THIS TIME.
ANY WITNESSES WHO WISH TO TESTIFY IN THE HEARING, PLEASE RATE YOUR RIGHT,
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RAISE YOUR RIGHT HAND.SO YOU MAY BE SWORN IN BY THE CITY 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? YES, I DO.
UM, WE STILL DO NOT HAVE OUR CITY WITNESS.
FOR THE RECORD, HOW MUCH TIME DO WE ANTICIPATE NEEDING TO PRESENT, UM, THE CASE? UH, UH, NO.
UH, NO MORE THAN 15 TO 20 MINUTES.
WHAT ABOUT, UM, THE CITY? GREAT.
YOU WILL, WILL EACH GET UP TO 20 MINUTES IF YOU NEED IT.
IF YOU NEED TO EXTEND THE TIME, WE CAN DO SO AT THAT TIME.
THE BOARD HAS ACCEPTED INTO EVIDENCE THE DOCUMENTS PRESENTED BY THE APPELLANT KAA DISCOTECH AND HAS NUMBERED THEM.
UH, THEY ARE NUMBERED EXHIBIT ONE.
THE BOARD HAS ALSO ACCEPTED INTO EVIDENCE THE DOCUMENTS PRESENTED BY THE CITY AND HAS ALSO NUMBERED THEM.
NOW, WOULD THE CITY ATTORNEY PLEASE READ THE RELEVANT ORDINANCE FOR US? THANK YOU.
UH, THE RELEVANT SECTION READS THAT THE PERMIT, LICENSE AND APPEAL BOARD MAY, IN ITS DESTRUCTION GRANT AN 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 THE LOCATION OF THE PROPOSED DANCE HALL WILL NOT HAVE A DETRIMENTAL EFFECT ON NEARBY PROPERTY WILL BE CONTRARY TO THE PUBLIC SAFETY OR WELFARE TO THE LOCATION OF THE PROPOSED DANCE HALL, WILL NOT DOWNGRADE THE PROPERTY VALUE OR QUALITY OF LIFE IN ANY ADJACENT AREA OR ENCOURAGE THE DEVELOPMENT OF URBAN BLIGHT.
AND LASTLY, THE LOCATION OF THE PROPOSED DANCE HALL OPERATING UNDER A LATE HOURS PERMIT.
AND THE AREA WILL NOT BE CONTRARY TO ANY PROGRAM OF NEIGHBORHOOD CONSERVATION OR INTERFERE WITH ANY EFFORTS OF URBAN RENEWAL OR RESTORATION.
AND ALL OTHER APPLICABLE PROVISIONS OF THIS CHAPTER MAY BE OBSERVED.
WE WILL NOW BEGIN WITH OPENING STATEMENTS.
NOW, THESE OPENING STATEMENTS, UM, DON'T, UH, YOU, YOU HAVE 10 MINUTES IN ADDITION TO THE 20 THAT WE'VE ALREADY GIVEN YOU TO PRESENT THE CASE.
SO, UH, THE APPELLANT FOR COA DISCO, YOU CAN BEGIN NOW.
AS SOME OF THE BOARD MEMBERS KNOW, WE'VE BEEN HERE EVERY YEAR FOR, FOR THE LAST THREE YEARS.
UH, WHAT OCCURRED, KAA IS A DANCE HALL THAT HAS BEEN OPERATING FOR THE LAST 15 YEARS.
AND ALL OF THOSE YEARS, IT'S HAD A LATE HOUR PERMIT.
THREE YEARS AGO, THE CITY DISCOVERED THE TERM THERE IS A, UH, PROTECTED USE WITHIN A THOUSAND FEET.
THERE IS A TRAILER PARK THAT'S ON THE OTHER SIDE OF, OF JOE'S CREEK, UH, AND IT'S WITHIN A THOUSAND FEET.
THEREFORE, WE, WE HAVE TO, TO COVER TO YOU FOLKS.
LAST THREE YEARS, WE SUCCESSFULLY HAD HAD THAT LATE HOURS FOR A MINUTE.
UH, UH, MR. CARDONA IS GOING TO TESTIFY ABOUT THE LARGE NUMBER OF, UH, UH, DPD OFFICERS WE EMPLOY, AS WELL AS OUR PRIVATE SECURITY.
UH, WE HAVE VERY STRICT POLICY.
ALL EMPLOYEES ARE TABC CERTIFIED.
UH, WE, UH, WE HAVE STRICT POLICIES REGARDING PUBLIC INTOXICATION, UNDERAGE DRINKING, ALL THAT, UH, WHICH ARE STRICTLY ENFORCED.
AND YOU WILL SEE THAT THE POLICE CALLS FOR, FOR SERVICE.
UH, THEY THERE, THERE IS NOTHING LIKE THAT THERE.
IN FACT, THE POLICE CALLED, I BELIEVE THE, UH, FOR THIS YEAR OR LOWER THAN THEY WERE LAST YEAR.
UH, SO AT 2:00 AM WE, WE IN ESSENCE SHUT DOWN.
YES, WE WANT THE LATE HOURS TO OPEN UNTIL FOUR, BUT AT TWO O'CLOCK, NO MORE ALCOHOL, UH, BEING SOLD.
IT CAN'T BE SERVED, IT CAN'T BE CONSUMED, NONE OF THAT.
IT'S A COOL DOWN PERIOD FOR US.
WE HAVE OVER THE, THE COURSE OF, UH, ANY, ANY GIVEN NIGHT, YOU KNOW, A THOUSAND PEOPLE.
SO OVER THE COURSE OF A WEEKEND, WE HAVE TWO TO 3000 PEOPLE COMING THROUGH THE DOOR.
WE DON'T WANT IT DUMP A THOUSAND PEOPLE ON THE STREET AT 2:00 AM THIS ALLOWS EVERYBODY TO, YOU KNOW, AS I CALL IT, COOL DOWN.
UH, IF, UH, SOMEBODY HAS UNFORTUNATELY HAD TOO MUCH TO DRINK AND THEY DON'T HAVE A DESIGNATED DRIVER, WE GET 'EM AN UBER.
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AS A RESULT, WE'VE NOT HAD HAD ANY KIND OF PROBLEMS. UH, THE, UH, THERE WE ARE IN COMMERCIAL ZONING, BASICALLY AT THE CORNER OF HARRY HINES, THE NORTHWEST HIGHWAY IN A, IN A LARGE, UH, STOPPING STRIP.UH, WE HAVE NOT DONE ANYTHING TO, UH, UH, DOWNGRADE THE NEIGHBORHOOD.
IN FACT, AS YOU'VE SEEN, UH, WE SUBMITTED LETTERS OF SUPPORT FROM, FROM ALL OF OUR NEIGHBORS.
UH, WE, UH, THERE'S NOT ANY KIND OF URBAN RENEWAL OR ANYTHING GOING ON IN THERE.
WE'RE NOT AGAINST PUBLIC SAFETY.
UH, AND WITH, WITH THAT I'D, UH, I'D ASK THAT, UH, I I PRESENT SOFT CARD AS OUR WITNESS.
DOES THE CITY HAVE A BRIEF OPENING STATEMENT? SURE.
THIS IS, UM, AN APPEAL OF A DENIAL OF A LATE HOURS PERMIT.
UM, UH, AS THE BOARD, I'M SURE IS AWARE, THE PROCESS FOR APPLYING FOR LATE HOURS PERMIT IS THAT, UH, IF YOU MAKE THE APPLICATION TO THE POLICE DEPARTMENT, BUT, UH, THE APPLICATION PROCESS DOESN'T ALLOW ROOM FOR DISCRETION OR JUDGMENT.
SO IF YOU MEET THE CRITERIA, YOU GET IT.
IF THERE'S ANY REASON WHY YOU DON'T MEET THE CRITERIA, THE POLICE HAVE TO DENY.
AND THEN IT GOES TO ANOTHER BODY THAT THE CHARTER IS TRUSTED WITH MAKING DISCRETIONARY DECISIONS.
SO, UH, THE TESTIMONY WILL SHOW THAT THE SOLE REASON THAT THIS HAS BEEN DENIED IS BECAUSE OF IT BEING WITHIN A THOUSAND FEET OF RESIDENCE.
AND THAT, ASIDE FROM THAT, THERE'S, THERE'S NO OTHER REASON, UH, DETECTIVE MARILLO TESTIFIED THAT THERE'S NO OTHER REASON FOR THE DENY.
UM, CAN WE GO AHEAD AND SWEAR IN, UH, DETECTIVE MONTREAL, UM, AT THIS TIME, DO YOU SOLEMNLY SWEAR THAT TO THE BEST OF YOUR KNOWLEDGE, THE TESTIMONY YOU WILL GIVE BEFORE THIS BOARD TODAY WILL BE THE TRUTH? YES, I DO.
UM, SO NOW WE WILL START WITH THE PRESENTATIONS.
UH, WE DO HAVE A TOTAL OF 20 MINUTES, AND THAT DOES INCLUDE ANY CROSS-EXAMINATION THAT YOU WILL BE DOING TODAY.
UH, SO WE WILL GO AHEAD AND START.
UH, MR. CARDONA, WOULD YOU PLEASE STATE YOUR NAME? SOLO CARDONA.
AND ARE YOU, UH, THE OWNER AND OPERATOR OF KAA IN DISCO TEXAS? YES, I AM.
AND THIS IS A FAMILY OWNED BUSINESS.
I KNOW THAT YOUR, YOUR WIFE'S INVOLVED, UH, UH, NIECES, NEPHEWS, ET CETERA? YES.
UH, AND HOW LONG HAS THAT BUSINESS BEEN THERE? 15 YEARS.
AND YOU'RE, UH, LOCATED, UH, ON NORTHWEST HIGHWAY NEAR HARRY HIGH? YES.
AND ALL THOSE 15 YEARS THAT, BUT YOU'VE BEEN THERE, UH, HAVE YOU ALWAYS HAD A LAID OUT PERMIT? YES.
AND UNFORTUNATELY FOR THE LAST THREE YEARS, UH, WE'VE HAD TO DO AN EXTRA STEP AND COME BEFORE THIS ONE.
AND IT'S BEEN GRANTED FOR ALL THREE OF THOSE YEARS? CORRECT.
UH, AND, AND IS, IS THIS A FAIRLY LARGE CLUB? YES.
AND ROUGH NUMBER, WHAT'S YOUR, YOUR OCCUPANCY LOAD? IT'S, UH, 800, UH, FROM 800 TO A THOUSAND AFTER THAT COURSE.
BECAUSE THERE'S ACTUALLY TWO DIFFERENT ROOMS, TWO, TWO DIFFERENT ROOMS. OKAY.
AND THEN, UH, AND SO OVER THE COURSE OF, UH, ANY, ANY NIGHT, WELL, WELL, LET ME, LEMME ASK THIS.
WHAT, WHAT NIGHT YOU OPEN FROM THURSDAY TO SUNDAY.
AND SO THE OTHER THREE DAYS A WEEK, YOU'RE NOT EVEN OPEN AT ALL? NO.
I THINK WE'VE LOST, UM, THE CAMERA FOR MISS ALA.
AH, THAT, SO, UH, MR. CARDONA, ON THE NIGHTS YOU ARE OPEN, UH, DO YOU EMPLOY OFF-DUTY, UH, DPD OFFICER? YES, WE DO.
AND AS WE, UH, SET FORTH IN OUR OUTLINE, UH, DEPENDING ON, ON THE NIGHT, BUT FRIDAY AND SATURDAY, WE, THE BIG SITE, YOU EMPLOY SOMEWHERE BETWEEN TWO AND SIX OFFICERS EVERY NIGHT WHILE THEY'RE OPEN? THAT IS CORRECT.
AND THEY'RE WORKING FROM 10:00 PM TO 4 38? THAT IS CORRECT.
AND YOU HAVE THEM WORKING THAT LATE, EVEN, EVEN THOUGH, UH, YOU KNOW, ALCOHOL SERVICE ENDS AT TWO AND THAT EVERYBODY HAS TO BE GONE BY FOUR, BUT YOU HAVE TO GO AT FOUR 30 TO MAKE SURE THERE'S NOT A PROBLEM PARKING LOT? YES.
UH, AND THEN INSIDE THE CLUB YOU ALSO HAVE LICENSED UNIFORM PRIVATE SECURITY OFFICERS? UH, WE HAVE BOUNCERS.
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THERE'S ONE, ONE TO THREE OF THEM.UH, THE BOUNCERS, WE HAVE TO, WE ALWAYS TRY TO KEEP AROUND 2021.
AND ARE ALL OF YOUR EMPLOYEES TBC CERTIFIED? YES, THEY ARE.
AND WHAT THAT GENERALLY MEANS IS THEY'VE BEEN, UH, SCHOOLED IN HOW TO, UH, RECOGNIZE INTOXICATION, UH, SOMEBODY WHO'S HAVING TOO MUCH TO DRINK, UH, ALL THE RULES, DC CORRECT.
UH, YOU ALSO HAVE INTERNALLY POLICIES REGARDING PUBLIC INTOXICATION UNDER DRINKING, THAT SORT OF THING? CORRECT.
AND, UH, KAA STRICTLY FORCED ALL THAT.
AND OVER THE YEARS, YOU'VE NOT HAD ANY KIND OF PROBLEM WITH THAT RULE? NO.
AND AFTER 2:00 AM UH, AM I CORRECT THAT YOU NO LONGER SELL, SERVE, OR ALLOW THE CONSUMPTION OF ANY ALCOHOL? CORRECT.
AND NO ADDITIONAL CUSTOMERS ARE COMING IN AFTER TWO O'CLOCK? THAT IS CORRECT.
AND DOES THE TWO TO FOUR PERIOD ALLOW YOU TO, WHAT I'VE DESCRIBED, THE COOL DOWN PERIOD, LET, UH, YOU KNOW, YOU KNOW, FOLKS, YOU KNOW, FINISH UP THEIR CONVERSATION OR WHATEVER AND, AND, YOU KNOW, FEED OUT INTO THE, THE PUBLIC OVER THE NEXT COUPLE HOURS? IT SURE DOESN'T ALLEVIATE TO THIS.
UH, AND DO YOU THINK THAT THAT'S IMPORTANT TO, TO BE ABLE TO GET VERY IMPORTANT? YES.
UH, AND THE CITY HAS PROVIDED US WITH, UH, UH, POLICE CALLS FOR SERVICE.
UH, HAVE YOU HAD HAD AN OPPORTUNITY TO, UH, LOOK AT THOSE OR DISCUSS THOSE? I THINK WE DISCUSSED THEM, YES.
AND, UH, REALLY THERE'S, YOU KNOW, UH, UH, NEXT TO NOTHING.
I MEAN, THERE'S A, A ROBBERY, THE POLICE DEPARTMENT TURNED OUT IT DIDN'T HAPPEN BECAUSE THE MAN ASSERTS US IN A VACANT BUILDING AND THERE ARE NO VACANT BUILDINGS.
AND, UH, UH, BUT IS THAT A VERY LOW NUMBER OF POLICE CALLS YOU, SIR? YES.
AND YOU HAVEN'T HAD ANY PROBLEM OVER THE, THE COURSE OF THE YEARS? NO.
AND HAVE WE HAD OCCASION OVER THESE YEARS TO, UH, WORK WITH POLICE DEPARTMENT IN WHAT ACTUALLY CALL THE SAME TEAM, BUT THERE'S SUGGESTIONS ABOUT WHAT YOU MIGHT DO TO MAKE IT, UH, A BETTER OPERATION? YES.
ESPECIALLY ADDITIONAL PARKING LOT LINES THAT
AND WE'VE, UH, WE'VE AGREED AND WE'VE DONE EVERYTHING, EVERY SUGGESTION, YES.
IS THERE ANY KIND OF PROGRAM OF URBAN RENEWAL OR RESTORATION GOING ON IN THIS NEIGHBORHOOD? NO.
HAVE YOU HAD ANY COMPLAINTS BY YOUR NEIGHBORS OF, UH, UH, YOU KNOW, THAT YOU'RE TOO LOUD OR TOO MANY PEOPLE OR ANY OF THAT? NO.
AND WE IN FACT SUBMITTED A, UH, A NUMBER OF LETTERS OF SUPPORT FROM
EVER HAD ANY COMPLAINTS FOR THE FOLKS IN THE, IN THE TRAILER PARK? NO.
UH, AND THERE IS, UH, UH, LET STRIKE, UH, AND AGAIN, YOU, YOU HEARD THE, THE CITY ADVISE THAT, UH, THAT THIS WAS NOT A DISCRETIONARY DENIAL CITY'S REQUIRED TO DENY BECAUSE YOU A THOUSAND.
AND SO YOU'RE, YOU'RE ASKING, UH, THIS BOARD TO GRANT YOU AN EXEMPTION AND THAT WILL ALLOW YOU TO DO WHAT YOU'VE BEEN DOING FOR THE LAST 15 YEARS TO YOU OPERATE.
DOES THE CITY HAVE QUESTIONS FOR, UM, THE APPELLANT'S WITNESS AT THIS TIME? NO, MA'AM.
UH, WE WILL BE, I AM SO SORRY.
SO NOW WE ARE GOING TO HAVE QUESTIONS FROM THE BOARD MEMBERS.
UM, WE WILL START, WE'LL GO IN ORDER.
YOU WILL HAVE TWO MINUTES, AND I WILL START WITH MS. CINA.
DO YOU HAVE ANY QUESTIONS FOR THE APPELLANT OR ITS WITNESS? NO, NOT AT THE TIME.
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UH, MR.YOU HAD MENTIONED THE BOUNCERS.
WHAT, WHAT ARE THE QUALIFICATIONS FOR THE BOUNCERS? YOU SAID ARE THEY, ARE THEY TABC? THEY'RE A A, BC CERTIFIED? YES.
THEY'RE NOT LIKE FORMER MILITARY, FORMER POLICE OFFICERS? UH, SOME OF 'EM ARE, SOME OF 'EM ARE NOT, BUT THAT'S NOT A QUALIFICATION.
MR. QUINT? NO QUESTIONS MS. HIN? NO QUESTIONS.
AND I JUST HAVE A COUPLE OF QUESTIONS.
DO YOU HAVE ANY TENANTS, UH, ON SITE AS WELL? WELL, SORRY, LET ME REPHRASE THAT.
I DO KNOW THAT YOU HAVE TENANTS ON SITE, RIGHT? CAN YOU TELL ME A LITTLE BIT ABOUT YOUR TENANTS? TENANTS ARE, UH, MOSTLY THERE'S OUR RE RESTAURANTS.
THERE'S A RESTAURANT, UH, TACO PONCHOS, UM, THERE, THE RESTAURANT, EM IS A LIQUOR STORE, BUT THEY'RE CLOSED EVERY BY THE TIME WE WE'RE OPEN.
UM, THERE'S A BAKERY THAT NEWLY OPENED AND THERE'S ANOTHER SMALL LITTLE CLUB ON THE SIDE.
BUT NOT, DO ANY OF THEM OPERATE FROM YOUR OPERATING HOURS, WHICH IS, IT IS, WHAT ARE YOUR OPERATING HOURS? ONE MORE TIME? FROM EIGHT TILL TILL TWO O'CLOCK.
ARE ANY OF THEM OPEN DURING THIS TIME? YES.
ARE THEY ANY, ANY OF THEM INSIDE OF THE DISCO TECH OR ARE THEY ALL JUST SEPARATE SUITES? UH, SEPARATE SUITES.
AND, UM, I THINK THAT'S ALL THE QUESTIONS I HAVE.
I AM GONNA DO ONE MORE ROUND WITH THE BOARD TO SEE IF ANYBODY HAS ANY FOLLOW UP QUESTIONS AT THIS TIME.
UM, WE'LL START WITH MS. ANO THE QUESTIONS.
MR. ILLA? NO QUESTIONS, MR. JEFF? NO QUESTIONS.
UM, I HAVE ANOTHER QUESTION THAT I SHOULD HAVE ANSWERED.
SO ANYWAYS, UM, ARE YOU INVOLVED IN THE COMMUNITY? UH, DO YOU GIVE BACK, UH, TO THE COMMUNITY IN ANY SORT OF SORT OF WAY? LIKE, I DON'T KNOW.
WE DO, WE ACTUALLY MADE A, UH, A TOY DRIVE.
WE TRY TO DO A TOY DRIVE EVERY DECEMBER FOR THE KIDS THAT ARE, YOU KNOW, UM, OTHER THAN THAT, UH, WE TRY TO HELP, HELP, UH, COMMUNITY AS MUCH AS WE CAN.
SO HOW LONG HAVE YOU BEEN DOING THAT TOY DRIVE? TOY DRIVE'S BEEN FROM I GUESS 2015, I THINK.
HAVE YOU, UM, DO YOU HAVE PERSONAL KNOWLEDGE OF, UH, ANYONE FROM THE, THAT TRAILER PARKED THAT'S NEAR, UM, COMPLAINING ABOUT THE DISCO TECH AT ALL? NO.
DO YOU GUYS DO ANYTHING TO REACH OUT TO THAT COMMUNITY TO CONFIRM THAT THEY HAVE NO ISSUES? I HAVE NUMEROUS TRIED CONSULTING THEM AND THAT HAVE, HAVEN'T UNSUCCESSFUL ON THAT, BUT I HAVE NOT RECEIVED ANY COMPLAINTS WITH THEM.
AND, UM, HOW DO YOU MANAGE, UH, WHENEVER YOU'VE GOT, ALMOST LIKE, DO YOU HAVE DAYS WHERE YOU HAVE LIKE A THOUSAND PEOPLE INSIDE OF THE DISTRICT? YES, WE DO.
SO ON THOSE DAYS, I'M ASSUMING IT'S THE WEEKEND, LIKE FRIDAY, SATURDAY, RIGHT? CORRECT.
AND I SEE THAT YOU HAVE SIX OFFICERS ON SITE ON THOSE DAYS, RIGHT? UM, DO YOU THINK THAT'S SUFFICIENT? UH, I THINK THAT'S, THAT'S PRETTY MUCH THE RATIO THAT THEY GAVE ME.
SO I'LL GO BY WHAT THEY, THEY, THEY SAY, ARE THOSE OFFICERS INSIDE OR OUTSIDE OF THE DISTRICT? THEY'RE OUTSIDE THE PROPERTY.
SO THESE ARE ALL LIKE PARKING? YES.
THEY'RE, THEY'RE ACTUALLY IN FRONT OF THE, UH, ENTRANCE.
DO YOU HAVE, UH, ONE OF THOSE POLICE OFFICER CAMERAS, UH, PROVIDED BY THE CITY? UH, NO.
AND WE DON'T HAVE ANY QUESTIONS FOR YOU FROM OUR CITY.
SO NOW WE'RE GONNA START WITH THE CITY'S PRESENTATION.
YOU'RE, YOU'RE, UM, YOU CAN GO AHEAD AND ASK THE QUESTION.
UH, YOU ARE ALSO A TENANT, RIGHT? YOU, YOU DON'T, YOU'RE NOT THE PROPERTY OWNER, ARE YOU? RIGHT.
MR. BAGGA IS THE PROPERTY OWNER, RIGHT? CORRECT.
ALRIGHT, SO YOU, YOU DON'T ACTUALLY HAVE ANY CONTROL OVER ANYBODY ELSE WHO'S IN? NO, I DON'T.
AND THERE ARE ACTUALLY QUITE A FEW BUSINESSES, ISN'T THAT CORRECT? YES.
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AND YOU MAY PROCEED WITH YOUR PRESENTATION, MR. WILKINS.THE CITY CALLS DETECTIVE MONTREAL.
PLEASE STATE YOUR NAME FOR THE RECORD.
AND HOW ARE YOU EMPLOYED? BEEN IN DO PARK ROAD, UH, AT 47 YEARS.
UH, THEY WORK, WORKING, UH, JOBS.
THE PAST THREE YEARS I'VE BEEN WORKING LICENSING.
AND, UH, WHAT ARE YOUR RESPONSIBILITIES IN THE VICE LICENSING UNIT? UH, RESPONSIBILITIES CONSIST OF, UH, REVIEWING PACKAGED NEW APPLICATIONS, UM, EXHIBIT RULE, UM, LAID OUT WITH PERMITS FOR DANCE HALL WITNESSES, LAID OUT WITH PERMITS, UH, BID LICENSE, WE LICENSE AND
DID YOU REVIEW THE APPLICATION FOR KAHLUA'S DANCE HALL LAID OUT PERMIT? YES, I DID.
UH, TURNING TO TAB ONE, CAN YOU BRIEFLY DESCRIBE THE APPLICATION HISTORY FOR THIS AFRICA? IN APRIL ONE, TWO, UH, DISCIPLINE TO FIVE YEAR GRANT, GRANTED THEY ONE YEAR URINATE OUR PERMIT, UH, THAT'S WHEN THEY BROUGHT IT BEFORE THE
DECEMBER 23, THEY APPLIED FOR A OL, UH, OL LICENSE AND THEY ARE DETERMINED, UH, A FEW MONTHS, UH, MONTH LATER, WHICH IS JANUARY OF 24, THE OL PERMIT WAS APPROVED.
UH, LATE HOURS YOU WERE DENIED.
AGAIN, IT WERE DENIED ONLY VISITS, UH, WITH, IT WAS WITHIN, UM,
AND, AND JUST TO, FOR, FOR PURPOSES OF COMPLETE CLARITY AND TRANSPARENCY, THEY CURRENTLY HAVE A DANCEHALL LICENSE, RIGHT? CORRECT.
THEY CURRENTLY DO HAVE HOLD THAT, UH, DANCE HALL LICENSE, WHICH IS APPROVED.
THEY HAD ALL THE, MADE ALL THE REQUIREMENTS.
AND AGAIN, THEIR UM, UH, LATE HOURS IS A FORMALITY THAT IS ONLY BECAUSE IT'S WITHIN A THOUSAND FEET.
BUT, SO THEY WILL BE OPEN REGARDLESS OF WHAT HAPPENS AT THIS MEETING, AT LEAST UNTIL 2:00 AM CORRECT.
AND THE ONLY ISSUE HERE IS WHETHER THEY'RE GONNA STAY OPEN FROM TWO TO FOUR.
UM, TURNING TO TAB TWO, IS THIS THE APPLICATION FOR A DANCE HALL LATE HOURS PERMIT THAT YOU REVIEWED? YES IT IS.
AND WHY WERE THEY DENIED THE LATE HOURS PERMIT? LATE HOURS PERMIT WAS ONLY 'CAUSE IT'S A FORMALITY.
UH, IF THE PROPERTY IS THERE WITHIN, NO MATTER WHAT BUSINESS IS WITHIN A THOUSAND FEET AUTOMATICALLY GETS DENIED.
SO IT'S BECAUSE IT WAS WITHIN A THOUSAND FEET OF A RESIDENCE? CORRECT.
UM, DOES THIS SECOND PAGE, UH, OR DOES THIS, YEAH, I GUESS IT'S THE SECOND PAGE OF THIS.
DOES THIS SHOW WHERE THE RESIDENCE IS? YES SIR.
THERE'S A, UH, UH, CIRCULAR, UH, CIRCUMFERENCE AREA AT THE VERY FAR NORTH SIDE OF THAT PAGE.
YOU'RE GONNA SEE AT, UH, MOBILE PARK, UH, WHICH IS JUST AT THE VERY TIP, UH, OF THE, UH, PROPERTY OF THE DISTANCE.
IT'S A VERY LOW CONTRAST, BLACK AND WHITE, UH, YES PRINT.
BUT SO YOU'RE SAYING RIGHT UP HERE? YEAH, I THINK I CAN KIND OF MAKE OUT MOBILE HOME PARK.
THERE'S A CIRCULAR, UH, HOPEFULLY BE ABLE TO SEE A CIRCLE THAT IS A CIRCULAR.
NORMALLY, UH, FROM THE BUSINESS, THERE'S A, UH, UM, THERE'S A RADIUS OF A THOUSAND FEET THAT GOES ALL THE WAY AROUND AND THEN WE WOULD PARK IT JUST AT THE
AND SO DENIAL FOR THE LOCATIONAL RESTRICTION IS NOT DISCRETIONARY, RIGHT? NO, IT'S NOT.
TURNING TO TAB SEVEN, DOES THIS DOCUMENT CALLS FOR SERVICE UA? YES.
SO, UM, SO IT'S THE SECOND TWO THAT WE'RE REALLY CONCERNED WITH, RIGHT? IS CALLS BETWEEN 2:00 AM AND 4:00 AM AND REPORTS THAT WERE GENERATED FROM THOSE CALLS? YES.
SO HOW MANY REPORTS WERE GENERATED FROM CALLS BETWEEN 2:00 AM AND 4:00 AM REPORTS WERE ONLY, THERE WERE ONLY THREE REPORTS GENERATED BETWEEN THOSE TWO HOURS.
WOULD YOU DESCRIBE THAT AS A HIGH NUMBER OR LOW NUMBER FOR ACTUALLY THAT'S VERY LOW, VERY LOW NUMBER FOR, UM, ANY TYPE OF REPORT DURING THAT TIME.
AND UM, TURNING TO TAB NINE WHERE IT SUMMARIZES THOSE REPORTS.
UM, SO I, I THINK, UH, OPPOSING COUNSEL DID BRING THIS OUT, BUT NUMBER THREE IS, UH, UH, THE COMPLAINANT, UH, STATED THAT HE WAS ROBBED IN A VACANT BUILDING.
KALU IS NOT A VACANT BUILDING, CORRECT? UH, I BELIEVE THAT DURING READING THE REPORT, UH, THAT, UH, COMPLAIN WAS DISORIENTED, DIDN'T REALLY KNOW IT WAS ACTUALLY
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THOUGHT IT WAS ACROSS THE STREET FROM WHERE KALU WAS.AND THEN NUMBER ONE FEMALE REMOVED FROM LOCATION FOR FIGHTING.
IS THAT WHAT YOU WANT THE BUSINESS TO BE? THAT'S WHAT WE WANT, UH, BUSINESS TO DO ACTUALLY TO PREVENT ANY ESCALATION AND WE NEED, UH, FAMILY VIOLENCE OR THAT OCCURS.
AND I KNOW THAT THEY HAVE OFFICERS OUT THERE SO MANY A TIMES OFFICERS CAN BE INSIDE OF THE ROOM.
THEY HAVE TO BE OUTSIDE THE PERIMETER.
OUR GENERATORS DO NOT ALLOW POLICE OFFICERS TO BE INSIDE OF THE ESTABLISHMENT.
AND ONCE THE ESTABLISHMENT MANAGEMENT WORKS WITH POLICE OFFICERS, A LOT OF TIMES THEY'RE GONNA BE CALLED, IF THEY'RE HAVING AN ISSUE AND THEY'LL ESCORT THE, UH, STAFF MEMBERS WILL NORMALLY BRING 'EM OUTSIDE AND THEN FROM THERE POLICE WILL TAKE OVER, UH, TO PREVENT ANY FURTHER ESCALATION FROM ANY DISTURBANCE FROM CURB.
AND IT SEEMS LIKE IT'S WORKING 'CAUSE UH, THERE'S NO, I COULDN'T FIND ANY OTHER DISTURBANCE TO SELL.
AND THEN THE, THE MIDDLE ONE, DAMAGE TO A VEHICLE.
UM, WAS THERE ANYTHING ON THE REPORT THAT INDICATED THAT, THAT WAS TIED TO THIS BUSINESS? NO, WE, THE, AGAIN, A DAMAGE TO A VEHICLE COULD OCCUR ANYWHERE IN THE CITY.
UH, A LOT OF TIMES WE AS DRIVERS MAY SEE NOTICE SOMETHING MAYBE IN THE AFTERNOON OR SO.
SO A LOT OF TIMES WE DON'T KNOW EXACTLY WHERE IT OCCURRED.
WE JUST, UH, CAN REPORT WHERE IT WAS, WHERE THE OFFICE, WELL, WHERE THEY BELIEVE IT WAS DISCOVERED.
AND IS THIS PARKING LOT A SHARED PARKING LOT THAT ALL THE TENANTS HAVE ACCESS TO YOU? YES, THIS IS SHARED PARKING.
UH, BASED ON THE INCIDENT REPORTS, DO YOU THINK THERE'S A PATTERN OF CRIME AT THE LOCATION? NO.
AND ASIDE FROM LOCATIONAL RESTRICTION OF BEING WITHIN A THOUSAND FEET OF RESIDENCE, IS THERE ANY OTHER REASON TO DENY THE APPLICANT'S DANCE HALL LATE HOURS PERMIT? NO OTHER REASON.
DOES THE APPELLANT HAVE ANY QUESTIONS FOR THE WITNESS? UH, NO QUESTIONS.
UH, NOW GO, UM, THROUGH THE BOARD MEMBERS TO SEE IF, UH, ANYONE HAS ANY QUESTIONS.
YOU WILL BE, UH, YOU'LL HAVE ABOUT TWO MINUTES.
WE WILL START WITH, UH, MS. ANO, NO QUESTIONS.
DETECTIVE, THEY HELP ME OUT IN REGARD TO APPLICATION FEES.
THIS IS THE FIRST TIME I'VE ACTUALLY SEEN THESE.
IT'S IN, I THINK, TAB DANCE HALL, ORDINANCE TAB 10.
UM, IT STATES LATE HOUR SURVEY.
IS THE SURVEY ALWAYS DONE BY, IS IT DONE BY YOU GUYS OR WHO'S IT DONE BY? THE SURVEY IS DONE BY THE, UH, UH, BUILDING INSPECTION BY, UH, T UH, T UH, NO, IT'S NOT DONE BY THE POLICE DEPARTMENT.
IT'S DONE FROM A, A DIFFERENT DEPARTMENT IN THE CITY OF DALLAS.
AND I GUESS MAINLY WHAT I WAS TRYING TO GET TO IS THAT A, UM, STANDARD EVENT THAT OCCURS EVERY TIME YOU'RE OBSERVING SOMEBODY FOR LATE HOUR PERMIT, WHENEVER THERE'S GONNA BE A NEW APPLICATION AND SOMEBODY'S ACTUALLY APPLYING FOR EITHER A NEW APPLICATION FOR A DANCE HALL AND A LATE HOURS? YES, IT'S, IT'S THAT FIRST TIME THAT THEY ACTUALLY APPLY A SURVEY HAS TO BE CONDUCTED AND A ZONING HAS TO BE CONDUCTED, A ZONING REQUEST AND A SURVEY OF THE, UH, PROPERTY.
UH, IN THIS CASE, THIS WAS DONE A COUPLE OF YEARS AGO, SO IT STILL STANDS AS IT IS.
AND THAT'S WHAT WE USE AS A, UM, TO IDENTIFY WHETHER THERE IS ANY PROPERTIES.
SO IT WOULDN'T HAVE BEEN PERFORMED IN THIS RENEWAL, IS THAT CORRECT? NO, NOT IN THIS RENEWAL.
WE'RE STILL USING THE SAME, UH, LAND SURVEY THAT WAS USED.
AND HOW LONG IS IT, I GUESS GOOD FOR? IT'S GOOD FOR AS LONG AS THEY CONTAIN THAT, UH, INSIDE, FRONT.
UH, AND I THINK I HAVE TO ASK YOU A QUESTION.
NOBODY'S ASKED YOU A QUESTION.
MS. UH, DETECTIVE RELL, THANK YOU FOR BEING HERE.
UM, YOU MENTIONED THAT THERE'S LOW NUMBER OF CALLS, THERE'S NO PATTERN OF CRIME, AND REALLY OUTSIDE OF THE ACTUAL, YOU KNOW, ORDINANCE, YOU, YOU, IS IT SAFE TO SAY THAT YOU WOULD APPROVE THIS OTHERWISE? YES, MA'AM.
AND HOW DOES THIS, UH, TECH IN, IN, DO WE HAVE ANYTHING THIS LARGE IN DALLAS? THERE'S OTHER, THERE'S OTHER DISCO TECHS, A A LOT BIGGER.
OH, REALLY? AND HOW DOES THAT, UM, HOW DOES THAT COMPARE TO THE OTHER ONES? AS FAR AS THE CRIME, I DID NOT DO ANY COMPARISON.
'CAUSE LIKE I SAID, THERE'S MULTIPLE, UH, CLUBS OUT THERE, UM, ABOUT THE SAME.
AND I THINK IT WOULD BE A DISSERVICES VALUE IF I COMPARE TO SOUTH NORTH.
[00:35:01]
AND IT'S TO US, WE JUST TAKE IT, LOOK AT WHAT WE HAVE IT BEFORE US AND COLLECT THE NUMBERS OF.UH, I WILL GO ONCE MORE AROUND JUST TO MAKE SURE NO ONE HAS ANY FOLLOW UP QUESTIONS.
AND I WILL START WITH MS. ANO.
NO QUESTIONS, MS. SHIN? NO QUESTIONS.
AND I DON'T HAVE ANY FOLLOW UP QUESTIONS.
SO THE BOARD WILL NOW HEAR CLOSING STATEMENTS AND ARGUMENTS.
EACH SIDE WILL HAVE ABOUT 10 MINUTES, AND, UM, WE WILL BEGIN WITH THE APPELLANT'S CLOSING STATEMENTS.
UH, THANK YOU MADAM CHAIR, BROTHER.
WE, WE HAVE SUPPORT LETTERS FROM OUR NEIGHBOR.
WE HAVE NO COMPLAINTS FROM THE, UH, UH, MOBILE HOME PARK.
UH, IF WE DON'T DOWNGRADE THE QUALITY OF LIFE IN, IN OUR, OUR NEIGHBORHOOD, ANYTHING, UH, BECAUSE OF WHAT WE HAVE THERE, WE, WE PROBABLY APPROVE IT.
WE HAVE LOW POLICE CALLS FOR SERVICE AS PER DETECTIVE RE UH, WE'RE NOT CONTRARY TO PUBLIC SAFETY.
THERE IS NOT A PROGRAM OF URBAN RENEWAL OR RESTORATION UNDERWAY IN THIS NEIGHBORHOOD.
SO, SO WE DON'T HAVE A NEGATIVE EFFECT ON THAT.
UH, IN SUMMARY, THERE ARE FIVE FACTORS THE BOARD NEEDS TO LOOK AT THAT I JUST OUTLINED.
WE QUALIFY UNDER EACH ONE OF THOSE.
UH, WE WOULD, UH, WOULD ASK THAT THE BOARD APPROVE OUR LATE HOURS PERMIT.
AND, UH, WE WILL BE, IF THAT'S DONE, WE'LL BE HAPPY THAT NEXT YEAR WHEN WE COME, WE'RE GOING TO ASK FOR A TWO YEAR EXEMPTION, WHICH WE'LL THEN BE ALLOWED TO DO.
UH, BUT IN THE MEANTIME, UH, WE JUST ASK THAT, THAT THIS WOULD BE APPROVED.
AND NOW WE WILL HEAR THE CITY'S STATEMENTS.
UH, THE CITY CAN WAIVE A CLOSING STATEMENT.
THIS HAS BEEN A BRIEF HEARING.
UM, PART OF THAT IS BECAUSE WE, WE SEE YOU OFTEN.
UM, SO MAY I HAVE A MOTION FROM THE BOARD REGARDING THE DENIAL OF A DANCE HALL LATE HOURS PERMIT FOR KAA DISCOTECH, LLCI MOVE THAT WE APPROVE THE, UH, LATE HOURS PERMIT FOR KAHLUA DISCOTECH.
OKAY, I HAVE A MOTION TO, UM, A, I'M SORRY TO REVERSE THE, REVERSE THE DECISION IT'S ALREADY ON TO REVERSE THE DECISION OF THE CHIEF OF POLICE, UM, BY MR. QUINT.
DO WE HAVE A SECOND? I SECOND.
I THINK EVERYBODY TALKED AT THE SAME TIME.
SO, UM, DO I HAVE A SECOND? I SECOND.
UM, IS THERE ANY, DO ANY OF THE MEMBERS WISH TO MAKE A COMMENT ON THE MOTION, COMMENT? COMMENT? UM, I THINK THAT THIS CLUB HAS DONE ABSOLUTELY EVERYTHING, RIGHT? AND AS MUCH AS THEY ARE WITHIN A THOUSAND FEET, THEY HAVE, UH, EIGHT LETTERS OF TESTAMENTARY FROM THEIR NEIGHBORS SAYING THAT THERE'S NO ISSUE WHATSOEVER.
UM, THEY CALL UBERS FOR FOLKS THAT, THAT CAN'T DRIVE.
THEY HAVE AMPLE BOUNCERS, SO TO SPEAK.
THEY HAVE OFFERS TILL FOUR 30 IN THE MORNING.
I SEE ABSOLUTELY NO REASON TO NOT APPROVE.
ON TOP OF THAT, THEY DO A TOY DRIVE FOR CHRISTMAS.
HOW MUCH BETTER DOES THAT GET? THANK YOU, MR. QUINT, DO I HAVE ANYONE THAT WOULD LIKE TO SPEAK AGAINST THE MOTION? DO I HAVE ANYBODY ELSE THAT WOULD LIKE TO SPEAK ON THE MOTION? OKAY.
IF THERE'S NO FURTHER DISCUSSION, WE WILL, UM, NOW MOVE, WE'LL NOW TAKE A VOTE.
SO IF ALL THOSE IN FAVOR OF THE MOTION, WHICH IS TO REVERSE THE DECISION OF THE CHIEF OF POLICE, SAY AYE.
THE MOTION PASSES BY UNANIMOUS VOTE.
UM, TO BOARD MEMBERS, PLEASE MONITOR YOUR EMAIL FOR THE FINDINGS.
WE WILL BE EXPECTING A SIGNATURE ON YOUR BEHALF.
THANK YOU SO MUCH FOR EVERYBODY HERE.
THIS DOES CONCLUDE OUR HEARINGS, OUR HEARING FOR TODAY AND THE TIME IS 9:13 AM THANK YOU.