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Final hearing set on new alcohol ordinance
By BOB McCLURE
Article published on Tuesday, Oct. 2, 2007 |
SEMINOLE – The final public hearing on a proposed revision in the city’s alcohol ordinance code is set for Tuesday, Oct. 9, at City Hall.
After a lengthy discussion from both sides of the issue, city councilors voted 4-3 on Sept. 25 in favor of revisions that affect stand-alone bars and bottle clubs with a capacity for 100 or more patrons.
One amendment gives the city’s Development Review Board the power to regulate businesses that serve or allow alcoholic beverages on premise. Existing businesses will be grandfathered in.
Another portion deals with under-age patrons in those establishments.
The second amendment affects the owners of Boomerz Cafe, 6990 Seminole Blvd., and Page II, 8680 Park Blvd., which cater heavily to under-21 patrons who are not allowed by Florida law to purchase or consume alcoholic beverages.
At a Sept. 19 workshop, city officials voted 4-3 to grandfather Boomerz and Page II on the under-21 issue, which basically lets both establishments continue business as usual.
However, if either business is found to be in violation of the state and county laws regarding the legal drinking age, the owners can be called before a city code enforcement special master. If found guilty of any alleged violations at that time, the special master has the option of requiring all liquor to be locked up when under-21 patrons are on site or revoke the grandfather designation and revert the property to dry status.
The special master also can impose fines ranging from $250 to $500 on underage bar patrons caught drinking and bar operators caught selling alcoholic beverages to minors.
Attorney Peggy McGarrity, who represents Page II owner Randy Russell, said the ordinance is better since its recent revision to grandfather the clubs in on under-21 patrons, but the overall impact is still questionable.
“It’s a discriminatory ordinance that’s targeting two bars for no apparent reason and will be open to a legal challenge,” McGarrity told the council. “You have two businesses that will have to absorb very high security costs, there are very harsh terms leading to dry status and there’s the question of allowing under-21 customers.
“Why not enforce all bars, not just Page II and Boomerz?” she continued. “State law enforcement already has access to enforce under-age drinking. What is the purpose of this ordinance?”
Russell said that if city leaders are seeking to halt under-21 drinking, the ordinance will not achieve it.
“We have sufficient state and local agencies to come in and enforce this,” he said. “Just be fair in this application of this ordinance.”
Bryan Morris, general manager of Boomerz, said his club is taking measures to prevent underage drinking.
“We’ve taken great steps inside Boomerz so there is no underage drinking inside and taken steps outside in the parking lot as well,” he said. “We plan to take more steps to create less problems for the city.”
Michael Rumore, an underage member of a music group that performs at Boomerz, said the entire ordinance has the wrong focus.
“It seems to me banning underage youths to prevent drinking is like having a toothache and curing it by decapitation,” he said.
Jessica Rasdall, a 20-year-old University of South Florida student who is currently charged with DUI manslaughter, spoke for the ordinance.
“Wrist bands (on bar patrons) are ripped off and wrist marks are rubbed off,” she said. “Nothing against the proprietors of these night clubs but even if you have the best intentions you can’t watch every employee or customer.”
Rasdall, who spoke earlier to the council, was charged with DUI manslaughter last year when her car swerved off Interstate 275 in St. Petersburg and hit a tree, killing her best friend Laura Ann Gorman. Her trial begins Dec. 11.
Wanda Stuart, Live Free! program director for Operation PAR, asked councilors to approve the ordinance because clinical evidence shows the human brain is not fully developed until a person is in his or her mid-20s and alcohol inhibits that development.
“Studies have also shown underage drinking leads to sexual promiscuity among teens, as well as the cause for many (auto) related deaths,” she said.
“I’ve had discussions with both proprietors (of the two nightclubs) and my position on this ordinance has not changed,” said Councilor Dan Hester. “It’s a good ordinance. It’s up to those two businesses to abide by the laws. It’s a win-win situation for these businesses and the community.”
“I don’t support this ordinance,” said Councilor John Counts. “I don’t understand why children should be in a bar. I understand the music but let’s just make it a dry night.”
“They (nightclubs) have a chance to start fresh and if they slip on the banana, so be it,” said Hester.
“I cut my teeth as a teacher with Operation PAR,” said Councilor Patricia Hartstein. “I feel like we have a responsibility and we need to move forward with this ordinance. We have the responsibility to set up boundaries and we owe it to our young people to let them know that there are these rules and you must follow them.”
“If you open a business, it’s supposed to have a positive influence on the community,” said Councilor Bob Matthews. “If it doesn’t, shame on you.”
Hartstein, Hester, Peter Hofstra and Matthews voted for the ordinance, while Mayor Jimmy Johnson, Counts and Vice Mayor Thomas Barnhorn voted against it.
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Article published on Tuesday, Oct. 2, 2007
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