I'd like to call this meeting to order. Please join me for the pledgece to the flag of the United States of America and to the stands indivisibley and justice for all.
All right. Thank you, Madam Secretary. Would you like to do roll call, please? >> Yes. >> Chair Philip Lantry, >> present. >> Vice Chair Russell Alexander, >> present. >> Member Megan Marshall, >> present. >> Member Don Griggsby,
>> present. >> Member Ruby Bridgefor. Member Teresa Riley Odarity present. Member Amit Patel >> present. >> Miss uh Riley Odori will be voting
member this evening. We have a quum. >> Thank you. Uh 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 I. >> I. >> I. >> Any opposed?
>> All right. Motion passes unanimously. First action item is resolution number 2026-097R divine guidance and this is a conditional use CNU26-00002. >> Good evening council members um
commission Tisha Manning, deputy director of community development. um 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 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. And so I just wanted
to make sure everybody knew that they called me about it and said that >> what would be do do you have the person's name that you spoke with? >> Bruce Rener. >> Okay. >> Okay. >> Thank you for letting the commission know. >> So it's probably best for the commission
to just go ahead and do a formal motion for a continuence and then move to that. >> All right. Uh so then could I get a motion for a continuence on Resolution number 2026-097R. >> I move to postpone the
>> to continue >> to continue this uh uh item to the next meeting August 18, 2026. >> I seconded. >> All right, we have a first and a second. All in favor of the continuence say I. >> I. >> I.
>> 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 sighting standards, article 14, use regulations,
section 3.14.5, alcoholic beverage establishments, and this is CDA26-00004. >> Good evening. um commission again, Tisha Manny, deputy community development director. This item came before you last month at the June 16th um planning
commission meeting and the coun the commission did make a recommendation for approval. However, there was an error in the ordinance and because of that error in the ordinance, um 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 pre per pre permit um presented to you again tonight. Um so, the proposed changes for the citywide entertainment activities remain the same. Um we're going to um remove
the requirement, remove the restrictions on restaurants um that may have entertainment activities such as pool tables, video games, stages, live entertainment. um illuminate illuminated signs, um permits dancing, has live
music, and plays music above 70 dB. And that is specifically struck out because we also have a noise ordinance that that has been captured in. Um we're also removing the restriction that their dining area cannot contain
tables of booth height. So, the high top tables, um, we're removing that restriction. Again, these are for restaurants citywide. Um, and that the minimal accepted standard of 256 square in 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. Um and it's going to um 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 um some of the other um 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 alcohol and beverages visible from the outside of the building. What was left off last month from this
ordinance was the establishment, if licensed as a fullervice 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 dis last [laughter] month in which someone wanted to um challenge that. So we inadvertently made an error and removed it. that does remain in the ordinance and it will move forward with estab with um 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 estab establishment has to close down at midnight.
>> Okay. So any establishment that's open until 2:00 a.m., their 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
fullervice restaurant >> has to close is proposed to close at 11:59. That means the entire establishment. >> Okay. >> A full service restaurant. So the difference would be um Breezes for example is not that oh that is
considered full service. Oh okay >> they have to sell at least percent of their business has to be food. >> Okay. So like the garage bar >> is licensed as a bar. >> So that one would can stay open later. Doesn't have to close at 12:59.
>> We don't probably have too many of those do we? >> As a full restaurant close 11:59. Bar can open until 2. Okay. >> 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 the definition for our code. Um our and 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, disco techs, taverns, nightclub, cocktail lounges, and similar businesses, but does not include micro breweries, 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 four cop license which does not require the 51% food. A 4 cop is a full establishment where they can do alcohol is they're not restricted on
having for 51% food added. That's also this is >> so there are different types of 4 COP license. There's 4 COP SFS which means there are 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, you will we are proposing you close your business at 11:59. >> And the other two cop four coops, what's >> it? Again, however, they are statelicicensed. 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 11:59. >> Okay. So, what if there's a combination in 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 um I'm just >> something like fire >> something like what I heard >> it was oort 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 where you know the whole my front when I had the
establishment and it was long before your time here. So, hey, I'm showing my ears. But, um, the front of the restaurant shut down early at I think it was 10:00 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 am. >> Again, this is all based upon how you're licensed by the state. So if the >> full CO 4 COP, it was I own the license.
>> Okay. So if you had a 4 COP 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 4
COP SFS for your restaurant portion and then another 4 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 11:59.
>> 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 >> Yeah. >> that that has the 4 cop SFL or I'm sorry >> SFS
>> 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 uh relation to bar area uh square footage and such. be care to look through that. I think that kind of narrows the scope in terms of what they're contemplating
in terms of this this ordinance. >> From our earlier discussion, what's a coop and an FSF? >> So a 4 cop is a consumption on premises is that's what it means consumption on premises. An 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 4 cop quota which allows you for on premise consumption as well as off-remise package sales.
>> 4 cop as like a liquor. >> Yeah, I was going to I was going to follow up with that. That's >> two cop is a wine and beer. >> Correct. >> Two two cop is going to be your wine and beer. >> Wine and beer. >> So it's going to be a little bit harder. And if 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 a license [clears throat] 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 [snorts] talking about is the aspect of you know if you have a 4 cop license governed by the state you have to sell
51% food and they come in and monitor your register and making sure that your food sales are 51% of your total sales. >> Okay. Okay. But the other 40 that for
COP that I'm speaking about is the one that does not monitor. I own that license outright. It's a more expensive license. >> At the in that day, I paid over 200,000 for it. >> Yeah. >> 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
you know I I don't care today you know 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 2:00
a.m. The front closed down around 10 or 11 when the food kitchen closed down blah blah blah. So that's what my concern is for an individual if they're under 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 2:00 a.m. then shut down at midnight. >> Not necessarily. what they're I think
this because you I 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 license. >> Yeah, I know. But we're here to speak speak of the city ordinance like requirement to it. So essentially what the city's saying to us then or the
public go get your four COP license and open up as a bar if you want to stay open till 2 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 2C or a
4 COP 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 this is these are your restrictions." So, they need to do their homework before they open. >> Well, that that's that's kind of my question is once if 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 let's use your example. They go and they get a 4 COP whatever license um you know and they sell
less let's say they get a 4 COP SFS which means they're 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 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 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 is my question.
>> I do not look at this. If >> a bar sells more than 51% of food, is it then a restaurant? >> No. Okay. >> No, it's just a bad bar. >> Yeah. >> Correct. [laughter] >> I think the barrel >> correct. >> Good wrap up. And
and then my other question was we had um 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. >> Mhm. >> 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 the actual days of the entertainment district changed, not the hours. The hours remain. >> My memory was is Sunday was broadened to
the closing time if that's the same case. >> Right. Yeah. I can't I can't remember the exact but yes >> it 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 the beverage in the required cup and be able to walk around the entertainment district within those boundaries.
It was for bar hopping. >> Yeah. [laughter] >> So that means like a before like a forc uh license they consider to city also then before apply the license >> before
>> suppose like someone's uh want to open the restaurants bar example. So before they buy the license they communicate with first city what hours they open or not. >> They should >> they should. Yes. Because whenever a
business um 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. >> Have to have the fold. They have to have a full plan. >> Yeah, full plan. But sometimes like u 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 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 happening like I suppose uh state give the license first and then they come to
like uh city uh 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 uh sometime is
happening like suppose ownership change the meanwhile they're happening like uh example there's established license over there and suppose new owner come over there and they redo everything's
application and everything and they already pay out his license and everything then what's come to them. So, um, 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
for CLP, 2 or CFP, 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 signing zoning approval signed off. >> Yeah. And 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 [clears throat] 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 >> that's as an owner suppose example they pay off the license and they already done and then >> come to city. >> So now they're stuck. They should always check with their local municipalities
first. >> Buyer beware. When you buy something, you have to know everything about it. Don't say assume. >> Yeah. >> And 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 >> Let me just Let me just add this. So those of you who don't know me, I'm Jeffrey Bal the I'm the uh development director. So I'm I'm hearing a lot of
conversation between uh 4 COP uh quota and for COP SF SFS. There is a complete distinction between both of them. So the FSS license is through the state and it's for restaurants that that want to
operate. It's much easier to get one of those license because they're a restaurant that serves alcohol. The 4 COP quota is a quota license. That means that the state will only issue and I don't know what their requirements
are. They're they only uh issue a certain amount of them because they want to limit the number of establishments within a certain area. So, it's not like, well, I want to 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 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 a 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. And
that is totally correct because a quota license back in the day and I'm 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 is for this is that it's restricting restaurants um you know those extra couple of hours in the evening. And usually when, and
this is when 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 11:00, after 12:00, and that's when they
go. And that's a big business. That is a big business. Um, so my concern is for the establishments who are relying on that business at the end of the day.
Um, sometimes it was hard for me to get these individuals out of the bar at 2 a.m., you know, and 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 it's limited to the entertainment district, which seems kind of unnecessary. >> Yes, >> that's where we're trying to drive business to. So,
>> exactly. You're right. Yeah. >> They quite kick them out business. >> We have not yet closed public comments. I'm going to close public comments. Sorry. officially. >> Is there a reason why the city wants to close it at 11:59 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 11:59. you're a restaurant that serves alcohol. You close at 11:59, yes, you close. However, if a person is looking because typically after 11:59,
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 1159, you've s sold your food, you've, you know, 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 Theresa's point, people who
get off, but it's not enough to sustain a restaurant. So I 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 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 a an issue with this then I would always go back to staff's recommendation. >> There there was though >> I jammed something there. 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 a what a establishment wants to be. We we you can >> well we can't determine. >> Right. Right. Every establishment determines what they want to be. Do they want to be a full-ervice restaurant because it's easier to get or is that
okay? I just I 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, uh to me it would be that this 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. Um 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 11:59. And do they um when when you say closed, you mean cleared out, has to be empty, everyone gone or doors are locked and
>> Yes, the restaurant is closed >> completely. Everybody needs to be gone and locked up and Okay. >> There there are some restaurant establishments that are licensed as restaurants that do not close at 11:59. Do we does the city have a number of the
businesses that would be affected by this currently that close any restaurants closing after 12 >> or 11? >> 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 naming names. >> No, you can't. >> I can guess. I can I can guess cuz I've driven down that road at 2:00 in the morning or 1:50 something and I know >> a little 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 amendment of chapter 3 performing and sitting >> signing 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 I. >> I. >> I. >> Any opposed? >> No. >> No. >> All right. So, let the record show that we have three eyes, I believe, and two nos. One being alle Mr. Alexander and the other one being Mrs. Odori. Is that
correct? >> That's correct. >> Motion passes. >> Motion passes. 32. Yes, >> sir. Uh, next planning commission is August 18th at 6 PM. Uh, 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, don't you? >> I do love saying that. >> All right. Can I get a motion to adjourn? >> Sorry. So moved. >> Sorry. Sorry. >> Sorry. Chairman Lantry. I would like to
make an introduction of our interim planning manager Tammy Reki. Um she is joining us tonight. Um 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.
>> Okay. Thank you. >> Welcome team. >> Welcome. >> All right. So >> motion to adjurnn. >> So moved. >> Second. >> Second. >> All in favor? >> I. Any opposed? All right.
Meeting a journal.