Planning Commission - Regular Meeting

I'd like to call this meeting to order. Please join me for the pledge.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

All right, thank you. Madam Secretary, would you like to do roll call, please?

Yes.

Chair Phillip Lantry.

Present.

Vice Chair Russell Alexander.

Present.

Member Megan Marshall.

Present.

Member Dawn Grigsby. Present. Member Ruby Bridgeforth. Member Teresa Riley O'Doherty. Present. Member Amit Patel.

Present. Ms. Riley O'Doherty will be voting member this evening. We have a quorum.

Thank you. First order of business is approval of the minutes from the Planning Commission meeting held on June 16th, 2026. Did everybody get a chance to review the minutes? Is there any questions or anything? Could I get a motion for approval?

Move to approve the minutes of the last meeting. I'll second.

All right, I have a first and a second. All in favor of approving the minutes from the last meeting, say aye. Aye. Any opposed? All right, motion passes unanimously. First action item is resolution number 2026-097R, divine guidance, and this is a conditional use, CNU 26-00002.

Good evening, council members, commission. Tisha Manning, deputy director of community development. The divine guidance conditional use, the applicant has requested for that item to be continued to the August 18th, 2026 planning commission meeting.

Okay. Thank you.

Am I allowed to just make a point of information that the owner of this building called me today to just say that He doesn't have any problem with it, but he knew that the applicant couldn't be here. So I just wanted to make sure everybody knew that they called me about it and said that.

Do you have the person's name that you spoke with?

Bruce Rayner.

Okay. Thank you for lending the commission. So it's probably best for the commission to just go ahead and do a formal motion for a continuance and then move to that.

All right, so then could I get a motion for a continuance on resolution number 2026-097R?

I move to postpone the... To continue. To continue this item to the next meeting August 18, 2026.

I'll second it.

All right, we have a first and a second. All in favor of the continuance say aye.

Aye.

Any opposed? All right, motion passes. All right, the next one is Ordinance Number 2026-27. This is a Land Development Code amendment. This one looks familiar. To Chapter 3, Performance and Siting Standards, Article 14, Use Regulations, Section 3.14.5, Alcoholic Beverage Establishments. And this is CDA 26-00004.

Good evening, Commission. Again, Tisha Manning, Deputy Community Development Director. This item came before you last month at the June 16th Planning Commission meeting, and the Commission did make a recommendation for approval. However, there was an error in the ordinance. And because of that error in the ordinance, we found it fitting to bring this item back before you so that you could get the full intent of the ordinance and the error that was made. So this case will be presented to you again tonight. So the proposed changes. For the citywide entertainment activities remain the same. We're going to remove the restrictions on restaurants that may have entertainment activities such as pool tables, video games, stages, live entertainment, illuminated signs, permits dancing. has live music, and plays music above 70 decibels, and that is specifically struck out because we also have a noise ordinance that that has been captured in. We're also removing the restriction that their dining area cannot contain tables of booth height. So the high top tables, we're removing that restriction. Again, these are for restaurants citywide and that the minimal accepted standard of 256 square inches of table per patron. We are also adding language to this section that is going to specifically address businesses or establishments in the entertainment district. And it's going to basically exempt them from the provisions of 3.14.5 A through C and E shall not apply to establishments located within the entertainment district. And some of the other things that we're adding to the ordinance is that the establishment has to be in full compliance with the conditions and requirements of the applicable license to sell alcoholic beverages issued by the state of Florida. And the establishment does not charge a cover charge at any time. Third that we're adding is the establishment does not contain illuminated or non-illuminated signs advertising alcoholic beverages visible from the outside of the building. What was left off last month from this ordinance was the establishment, if licensed as a full-service restaurant by the state of Florida, the establishment shall close for operation at 11.59 p.m. And if you recall, a letter was placed on the dais last month in which someone wanted to challenge that. So we inadvertently made an error and removed it. That does remain in the ordinance, and it will move forward with item number four in the ordinance. And this is a city-initiated change, so I am here to answer any questions.

I have a question. So the establishment has to close down at midnight. Okay. So any establishment that's open until 2 a.m., their music, whatever it is, their entertainment has to shut down at midnight, but the establishment can keep open.

No. So any establishment licensed as a full-service restaurant has to close at is proposed to close at 1159. That means the entire establishment.

Okay.

A full-service restaurant. So the difference would be Breeze's, for example, is not... Oh, that is considered full-service? Oh, okay.

They have to sell at least 50% of their business has to be food.

Okay, so like the garage bar.

Is licensed as a bar. So that one can stay open later.

It doesn't have to close at 1259.

We don't probably have too many of those, do we?

So what is, what is the difference between a restaurant and a bar?

So, um, again, a restaurant is, so let me give you the definition for our code. Um, and this is also the definition that we pulled straight from the statute, an alcoholic beverage establishment. The term applies to package stores, liquor stores, and those establishments selling alcoholic beverages for consumption on the premises and includes bars, pools, halls, dance halls, discotheques, taverns, nightclub, cocktail lounges, and similar businesses, but does not include microbreweries, micro wineries, or restaurants when more than 51% of the business is for food sales.

So if a bar sold more than 51% of food, it would no longer be a bar, it would be a restaurant?

Correct.

Okay.

Okay. So I have another question on this. So a 4-COP license, which does not require the 51% foods, a 4-COP is a full establishment where they can do alcohol, they're not restricted on having 51% food added. That's also, this is,

So there are different types of 4-COP license. There's 4-COP SFS, which means they're for food sales. There's 4-COP quotas, and there's 4-COP special license. So all of this is going to be based upon the license that you have been issued by the state. If the state issues you a 4-COP SFS license, You are a restaurant. And the last item, number four, we are proposing you close your business at 1159.

And the other two COP, four COPs, what's... Again, however they are state licensed.

If they are licensed and the state classifies them as not a restaurant, so as a bar or whatever they call it through the state, then they are exempt from closing at 1159.

OK, so what if there's a combination under the same roof where there's a bar at one aspect and the restaurant at another? And the restaurant does close down early, but the bar, and I'm only saying this from experience, because having been a bar and restaurant owner, I'm just something like fire. Something like what I had. It was O'Doherty's, it's now Fire. And then the back bar. And the back bar was strictly a bar. And we had the pool tables and everything in there. And the front portion, where Fire is right now, was the pub and restaurant. So how do you determine that's for, you know, the whole, my front, when I had the establishment, and it was long before your time here, so I... I'm showing my ears. But the front of the restaurant shut down early. I think it was 10 o'clock back in the day. But the bar at the back, which had the pool tables and everything, but it was all underneath the same establishment name, stayed open until 2 a.m. Again, this is all based upon how you're licensed by the state. So if the license. I'm a 4COP. I own the license.

Okay, so if you had a 4COP SFS, and that is for your entire establishment, you are classified as a restaurant. And the entire restaurant. whether you use the back as a bar or not, would need to be closed. If the state issued you a four COP SFS for your restaurant portion and then another four COP for the bar portion, then that's different. But if it is one license by the state that is an SFS, we are proposing you close at 1159.

So is that citywide or is that just in the entertainment district?

In the entertainment district.

So if you're outside of the, if a business that sells that, that has the four COP SFL or sorry, SFS license is outside of the entertainment district. This does not apply to them.

Correct. If I could, Mr. Chairman, there's a fairly, uh, specific or detailed description or definition of the full service restaurant section E on page three of the report. that goes through the analysis of the definition and the relation to bar area, square footage and such, if you care to look through that. I think that kind of narrows the scope in terms of what they're contemplating in terms of this ordinance.

From our earlier discussion, what's a COP and an FSF? So a 4-COP is a consumption on premises. That's what it means, consumption on premises. And SFS is what they issue to what the state will license as a restaurant. There are, again, there are different types of COP, like four COPs. So you can have a four COP quota, which allows you for on-premise consumption as well as off-premise package sales.

So four COP is like a leaker.

Yeah, I was going to follow up with that.

And two COP is a wine and beer.

Correct. Two COP is going to be your wine and beer. Yeah, wine and beer. So it's going to be a little bit harder.

And if it's licensed at a bar, it can't sell 51% of food.

Correct. Well, it depends on the license, because my license allowed me... The 51% food aspect on the license requires the state to come in and monitor that you're serving 51% food. The license I had back in the day, I was not restricted on any food sales. I could sell less food sales, more liquor. It did not matter back in the day. Um, I don't know what all the requirements, but what I'm talking about is the aspect of, you know, if you have a four COP license governed by the state, you have to sell 51% foods and they come in and monitor your register and making sure that your food sales are 51% of your total sales. Okay. But the other 4COP that I'm speaking about is the one that does not monitor. I own that license outright. It's a more expensive license. In that day, I paid over $200,000 for it. But you are not restricted on any food sales. You can sell whiskey as much as you want and food as least as you want. So that's what my concern is because... The way our establishment was set up, and I don't care today the way, but there's going to be other individuals with a similar concept that I had back in the day. And the back bar was open until 2 a.m. The front closed down around 10 or 11 when the food... kitchen goes down, blah, blah, blah. So that's what my concern is for an individual. I was under the same license for back and front. It was the same license. And it's going to restrict an individual from doing business up until 2 a.m. They'll have to shut down at midnight.

Not necessarily. I think this, because I try to keep in mind separating the state from the city. So the state requirements and then the city's going to implement.

All COP licenses.

Yeah, I know, but we're here to speak of the city ordinance requirement to it. So essentially what the city's saying to us, or the public, go get your 4COP license and open up as a bar if you want to stay open until 2. In the entertainment district. In the entertainment district. If you want to be a restaurant, then you're shutting down at 12. So it's going to be up to the business owners to make the decision themselves what they're going to do, whether I'm going to get a 4COP versus opening a restaurant because you're going to have that state license, but when you bring that to the city, the city's going to say, well, you're a restaurant based on your license and these are your restrictions. So they need to do their homework before they open.

Well, that's kind of my question is once they get a bar license, once they get a bar license and then they sell more than 51% of food, are they then a restaurant or are they still a bar?

So that requirement is actually governed by the state. So let's use your example. They go and they get a 4-COP whatever license, you know, and they sell less. Let's say they get a 4-COP SFS, which means that is the restaurant license. And they sell less than 51% of their sales is food sales. The state then evaluates them based upon their license if they met the requirements of that license. If they did not meet the requirements of that license, then that is something that they will be handled through the state. And from all of my conversations with the state, they can receive fines. There's other things that happens with that business entity through the state.

they can actually lose their license if they don't meet the 51%. No, I understand that part.

I meant does it go the other way if they're a bar and then they sell that? If they sell more food is my question. If a bar sells more than 51% of food, is it then a restaurant?

No. No, it's just a bad bar.

Yeah. Correct.

Correct. Good wrap-up.

And then my other question was we had... a month or so maybe two months ago we had we had something come before us where all the hours downtown wanted to be later and now we're trying seems we're trying to restrict certain restaurants to close earlier so that kind of conflicts on what's been brought before i just don't i don't particularly see the reason for this

So the hours, the ordinance you're speaking of, the hours did not change. The hours remained the same. The days are what changed. So trying to remember, but I believe it was, it went seven days a week. I'm not exactly sure. But the actual days of the entertainment district changed, not the hours.

The hours remained the same. My memory was that Sunday was broadened to the closing time, if that's the same case. Yeah, I can't remember the exact, but yes. It expanded it on Sundays. If that's the case that that is being raised by it expanded the days, not the hours.

Okay.

And that was for the actual open consumption. So for someone to go into an establishment, get the beverage in the required cup and be able to walk around the entertainment district within those boundaries.

It was for bar hopping.

Yeah. So that means, like, before, like, a forced UOP license, they consider to city also then, before apply the license.

Before?

Suppose, like, someone want to open the restaurant, bar, example. So before they buy the license, they communicate with, for the city, whatever they open or not.

They should.

They should, yes, because whenever a business applies to the state for any type of alcohol license, they come to the city, they give us the complete application, and the city actually has a zoning approval that they have to sign off. And we do keep record of those applications as well as provide that information back to them to submit to the state. They have to have a full plan.

Yeah, full plan, but sometimes like the state issue first and then come to city.

The state, you have to have a zoning approval on your state application.

Okay.

And once they come back in with that approval from the state, their license to apply for the business tax receipt and certificate of use, we do require a copy of.

So sometimes it's happening like, I suppose, state give the license first and then they come to like a city tax receipt and everything. So then what?

You have to have zoning approval before the state will issue the license. You have to have it from the city first before you.

Yeah, I got it. But sometimes it's happening like, I suppose, ownership change. Meanwhile, they're happening like... For example, there's established license over there, and suppose new owner come over there, and they redo everything's application and everything's, and they already pay out with license and everything. Then what's come to them?

We've had those situations as well where their ownership has changed on the business, so they're trying to change the licensing for that four CLP, two CLP, whatever they have. It's still the same process. Before the state will issue the license to the new owner, you still have to have that application that has zoning approval signed off.

Yeah, it's ultimately going to be up to the business owner to realistically get with the city first, see what they want to do, see where it's going to be allowed to do it, and then they need to make the application to the state. Then the state's going to get with zoning, confirm the use is allowable because the state doesn't know the city's requirements. They don't know anything about this ordinance. So it's ultimately, as a business owner, people need to pay attention to what they're applying for and what they're going to pay out for what it is that they want to do. Because I see what you're saying in your situation. if they apply for this, and then everybody says, yes, yes, you can do that, but then guess what? Now you have to close at 12. Yeah, so that's where we were today.

As an owner, suppose, for example, they pay off the license, they're already done, and then come to city, so now they're stuck.

They should always check with their local municipalities.

Buy or beware. When you buy something, you have to know everything about it. Don't assume.

Yeah.

Don't rely on the state.

Yeah, so now that's been important.

Yes. Okay. So we have not allowed for public comment yet. I don't think anybody's here to make any public comment. But in all fairness, we need to ask, is anybody here to make a public comment?

Let me just add this. So those of you who don't know me, I'm Jeffrey Baum. I'm the development director. So I'm hearing a lot of conversation between 4COP quota and 4COP SFS. There is a complete... a distinction between both of them. So the FSS license is through the state and it's for restaurants that want to operate. It's much easier to get one of those licenses because they're a restaurant that serves alcohol. The 4COP quota is a quota license. That means that the state will only issue, and I don't know what their requirements are, they only issue a certain amount of them because they want to limit the number of establishments within a certain area. So it's not like I have to decide between whether I'm a restaurant or a bar. The state helps you with that because the requirements for each of those is much different. For to be in a quota license, there has to be one available. And they're a lot more expensive. There's a lot more requirements as far as insurance and whatnot. So I just want to make sure that it's not like, hey, I got to choose between a SFS and a quota license. The state usually does that for you because there isn't many out there left to be able to do that. and restaurants choose that because it's the lesser of two evils. It's much easier, there's less requirements for that, and it allows for restaurants to be able to profit from the use of alcohol with the restrictions that they have to meet the 51% for the sales. So, thank you. Thank you for that clarification.

That is totally correct because a quota license, back in the day, and I am sure it's still the same today, when I was purchasing my license, I had to wait for another bar to shut down so that I could receive their license. And I was fortunate that that happened. But my concern for this is that it's restricting restaurants those extra couple of hours in the evening. And this is when you're not in the restaurant business. People who get off work as a bartender or a waitress, they're looking for the establishments that are open after they get off, after 11 o'clock, after 12 o'clock. And that's when they go. And that's a big business. That is a big business. So my concern is for the establishments who are relying on that business at the end of the Sometimes it was hard for me to get these individuals out of the bar at 2 AM. That's the God's honest truth. But that is a big restriction on the income for these establishments. And you have to think about that.

Well, it's that, and it's just limited to the entertainment district, which seems kind of unnecessary.

Yes.

That's where we're trying to drive business to.

Exactly. You're right. I quite kicked them out of the business district.

We have not yet closed public comments. I'm going to close public comments officially.

Is there a reason why the city wants to close it at 1159 p.m.?

Yes, so in the entertainment district, of course, yes, we are definitely trying to bring businesses to the entertainment district. But we're also trying to bring in, you know, there's people that live around the entertainment district as well. So if it needs to be, so if you're a restaurant, you close at 1159, you're a restaurant that serves alcohol, you close at 1159. Yes, you close. However, if a person is looking, because typically after 1159, not that many people are looking to eat or to go to a restaurant that serves alcohol. If you want to go somewhere strictly to eat, you're going to go to a restaurant that serves food without alcohol. If you're looking for alcohol, you're going to go to a bar. So this is kind of that in-between to say you're a restaurant. You close at 11.59, you've sold your food, you've sold some alcohol, you still meet your 51% of sales. If those individuals are looking now more for a bar and loud music and having a good time, then we also have those establishments that serve that customer as well.

And the restaurants that are in the district right now, you all probably reached out to or they've given you feedback, or I would assume that we have some of that input to them. Because to Teresa's point, people who get off, but it's not enough to sustain a restaurant. So I would imagine that they're not really that upset about having to close at that point in time because you need X amount of covers to justify how many employees you have there and all of the rest of that. So my take would just be if you've checked with the restaurants and there's not that big an issue with this, then I would always go back to staff's recommendation.

There was a letter that was written the last time this came ahead that this item was pulled out of, so the letter didn't apply, but now that letter actually would apply now. It's the same letter that we had last month. Is that correct?

Correct. And can I just put in there, your liquor sales are more than your food sales a lot of the time between those two hours.

But it all depends on what an establishment wants to be. We can determine. Right, right. Every establishment determines what they want to be. Do they want to be a full-service restaurant because it's easier to get, or is that okay? I just, I always don't, I don't want to say this is how everybody feels because the way I feel is not how everybody else feels. So to me, it would be that the staff, I would assume, and I guess I'll ask, did the restaurants that are in the entertainment industry, did they weigh in on this at all?

Yes, we have workshopped this item, I believe now has been three times. And, of course, you cannot make everyone happy. We are going to have opposers, and we're going to have people that agree. I don't want to call out any names, but let me just state that the majority of the restaurants in the entertainment district now close prior to 1159.

And do they, when you say close, I mean cleared out, has to be empty, everyone gone, or doors are locked and closed?

Yes, the restaurant is closed.

Completely, everybody needs to be gone and locked up.

There are some restaurant establishments that are licensed as restaurants that do not close at 1159.

Does the city have a number of the businesses that would be affected by this currently? Any restaurants closing after 12?

How many restaurants close? How many businesses are licensed as restaurants that close after 12? Is that your question?

Yeah, in the entertainment district.

One.

Which one is that? She said she knew the naming names.

No, you can't.

I can guess. I can. I can guess because I've driven down that road at 2 o'clock in the morning or 1.50 something and I know where it is.

I live a block away, so. We all know.

All right, so any other discussion or can we have a motion to recommend approval or recommend disapproval of ordinance number 2026-27?

Mr. Chairman, I would like to recommend approval of ordinance number 2026-27 for the amendment of chapter three, performing and sitting, signing, I'm sorry, Oh, it is. It looks like sitting on there. Standards for Article 14, use regulations, etc.

All right. We have a motion to recommend approval as written by the city. Do we have a second?

Second.

All right. We have a first and a second. All in favor of recommending approval, say aye. Aye. Any opposed?

No.

No. All right. So let the record show that we have three I's, I believe, and two no's, one being Mr. Alexander and the other one being Mrs. O'Doherty. Is that correct? Correct. That's correct. Motion passes. Motion passes 3-2. Yes, sir. Next planning commission is August 18th at 6 p.m. Anything else?

That is election day, so make sure everybody votes, as is our responsibility as good American citizens, and I won't be here because I will be working the polls.

You love saying that now.

I do love saying that.

All right. Can I get a motion to adjourn? Sorry. So moved.

Sorry. Sorry, Chairman Lantry. I would like to make an introduction of our interim planning manager, Tammy Reckie. She is joining us tonight, but she is the interim panel manager. So next planning commission meeting, you will see her interjecting and standing up. So just wanted to introduce her to you all. Thank you. Thank you. Welcome.

Welcome, Tammy.

Welcome.

All right, so motion to adjourn?

So moved.

Second?

Second.

All in favor? Aye. Any opposed? All right, motion, meeting adjourned.