03-03-1999 VC SP-MMINUTES OF SPECIAL SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD WEDNESDAY, MARCH 3, 1999
Present: David B. Norris, Mayor
Charles O'Meilia, Vice Mayor
Dr. Edward M. Eissey, President Pro Tem
Gail H. Vastola, Councilman
Joseph A. Tringali, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
ROLL CALL
Mayor Norris called the meeting to order at 6:00 p.m. All members of Council were
present. All members of staff were present.
PURPOSE OF THE MEETING
The purpose of the meeting was to announce a special Attorney-Client session regarding
strategy for litigation Crystal's Bar & Grill. Mayor Norris announced that the closed
session would take approximately 30 minutes, and would be attended by Special
Counsel Tom Baird, Village Attorney George Baldwin, Village Manager Dennis Kelly,
Mayor David Norris, Vice Mayor Charles O'Meilia, President Pro Tem Edward Eissey,
Councilman Gail Vastola, and Councilman Joseph Tringali.
RECESS
The Special Session recessed at 6:02 p.m., and reconvened at 6:40 p.m.
ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at
6:41 p.m.
• athleen F. Kelly, CMC, V' ge Clerk ~
~...<-~.
THE PALM BEACH POST
Published Daily and Sunday
West Palm Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Linda M. Francis who on oath says that
she is Classified Advertising Supervisor of The Palm Beach Post, a daily and Sunday
newspaper published at West Palm Beach in Palm Beach County, Florida; that the attached
copy of advertising, being a Notice in the matter of Open Meeting 3/3 in the ---- Court, was
published in said newspaper in the issues of March 1. 1999.
Atliant further says that the said The Post is a newspaper published at West Palm Beach, in
said Palm Beach County, Florida, and that the said newspaper has heretofore been
continuously published in said Palm Beach County, Florida, daily and Sunday and has been
entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach
County, Florida, for a period of one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that she has neither paid nor promised any
person, firm or corporation arty discount rebate, commission or refund for [he purpose of
securing this advertisement for publication in thethe s`~aper.
. (`~~
Sworn to and subscribed before me this 1 day of March A.D. 1999
Personally known XX or Produced Identification
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VILLAGE OF NORTH PALM BEACH
ATTORNEY/CLIENT SESSION
Council Chambers
Wednesday, March 3, 1999
,6:00 p.m. - 6:36 p.m.
PRESENT:
1
ORIGINAL
MAYOR DAVID NORRIS
VICE MAYOR CHARLES O'MEILIA
PRESIDENT PRO TEM EDWARD EISSEY
COUNCILMAN JOSEPH TRINGALI
COUNCILWOMAN GAIL VASTOLA
VILLAGE MANAGER DENNIS KELLEY
VILLAGE ATTORNEY GEORGE BALDWIN
SPECIAL VILLAGE ATTORNEY THOMAS J. BAIRD
COURT REPORTER JANE PASTORE
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P R O C E E D I N G S
MAYOR NORRIS: I will turn it over to Tom,
and you can bring us up to date on where we are
on the lawsuit, the appeal, what it all means,
what we can do now.
MR. BAIRD: The notice of appeal was filed
by 421 Northlake Corporation, together with a
document called application for stay.
The application for stay asks the
appellate court to stay the closure of the adult
entertainment aspect of the business at
Crystals. As of 4:30 this afternoon, the
appellate court has not ruled on that motion.
We have responded to the motion on behalf
of the Village, and essentially said two things
in response:
Their first argument was that they are
going to lose their business, and our response
was, no, they were licensed as a restaurant and
they can continue to operate as a restaurant;
therefore, they won't lose their business, so
long as they operate consistent with the law.
And that's essentially what the judge had ruled
in his final judgment.
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And secondly, they began arguing, really a
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reargument of their case in circuit court, and
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we presented as the response that under the
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Fourth District's law that's not an appropriate
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good cause for the entry of a stay, that those
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are issues that the appellate court will deal
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with on its review of the final judgment and
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not appropriate for review of whether or not a
9
stay should be issued.
10
If a stay is issued, the request that they
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have made is that it would be in effect through
12
the mandate of the 4th District, which is
13
essentially the completion of the appellate
14
process. And obviously if we prevail, then they
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will have to, if they were successful with their
16
stay, they would have to then, after the mandate
17
issues on the appeal, have to stop the adult
18
entertainment aspect of the business.
19
The appellate process is likely to take,
20
unless it's expedited in some fashion, about a
21
year. There are motions that can be filed to
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expedite the process.
23
I would anticipate that if a stay is not
24
issued, they will seek to have the process
25
expedited and argue that there are significant
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issues of constitutional law, and therefore the
appellate court should act more quickly than it
would otherwise act, because this is such a
significant constitutional issue.
While we are in this period of time the
issues on appeal are exclusively related to
whether or not they complied with the Village's
zoning code and whether or not they complied
with the county's adult entertainment licensing
ordinance.
And, of course, the circuit court reached
the conclusion that they had not complied with
either and that they would be enjoined from
operating as an adult entertainment
establishment until they did comply with those
two laws.
So that's really in a nut shell where we
are at. If you would like me to comment on the
final judgment, I will say this about the final
judgment:
I think that we put on the case that I
discussed with you, that we wanted to put on.
We were allowed to put on the case we wanted to
put on, which was: Not only are there enough
sites available within the Village, but as a
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kind of added measure there are sites available
2
outside the Village.
3
The final judgment recognizes both that
4
there are sufficient sites within the Village
5
and recognizes that there are sites outside the
6
Village.
7
And I would expect, because the focus has
8
been on the motion to stay, the focus at the
9
appellate level to be on two things:
10
One argument will be that the final
11
judgment was erroneous because the sites
12
available in the Village weren't really
13
available, even though they were designated as
14
available. No one is going to sell Ed Morse
15
Chevrolet, and you can't develop a facility of
16
the kind that they would like to on the Mobile
17
Lube site.
18
And the judge- dealt with those issues and
19
cited Supreme Court opinions which say
20
essentially: Tough luck.
21
They will argue that despite that opinion
22
they are really not available, and even the
23
Village's newsletter recognizes that they
24
weren't really available.
25
And I am not sure that's a winning
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argument, because I think the Supreme Court
opinion is pretty clear that they need to fend
for themselves in the marketplace and the
Village has no obligation to pick and choose
sites that may be more economically suitable to
them.
The Village's only responsibility is to
have a sufficient number of sites that are
available. So on the law as I read it, I would
find it hard to see that that can be overturned
on that basis. And I don't think the final
judgment rests upon sites outside the Village
exclusively, and so I don't think that that is a
winning argument for them, either.
The last meeting we had, one of the things
that the council discussed was, well, what other
improvements, if you will, can we make to the
existing adult entertainment regulations within
the Village.
And the issue that we discussed the most
is the ban on alcohol, which many communities
have. West Palm Beach just adopted an ordinance
and it contains a ban on alcohol. There have
been recent opinions out of the federal courts
that uphold that.
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And I guess the question is whether you
want to go forward with that at this point while
the appeal is pending. Legally I am not sure
that there is a problem in going forward with
it.
I think, though, that if you do move
forward with it, you might expect a challenge to
it by Crystals. I don't know that anyone else
has an interest in it, at least in the Village,
in challenging it. But I suspect that they will
continue to monitor the Village's activities.
And so the question for you, I think,
becomes: If you do move forward with
legislation that bans alcohol in establishments
that provide adult entertainment, are you
willing then to defend any litigation that might
come your way?
Of course, one option that you have is if
you enact the legislation and you are sued
regarding the legislation, if you elect not to
fight it, you can repeal it or you can otherwise
amend the legislation so that it's not as
objectionable.
But it's really a decision for you, as to
whether you want to proceed forward, knowing
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that the possibility is there that further
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litigation could occur as a result of it.
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MS. VASTOLA: How can the City of West
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Palm Beach feel safe about passing it, then?
5
Surely they have this cloud hanging over their
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heads, the possibility of someone wanting to
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sue.
8
Is that what you are suing? Do they have
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anything that is any safer that we would
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possibly want to look at?
11
MR. O'MEILIA: They don't have an adult
12
book store; do they?
13
MS. VASTOLA: In West Palm Beach.
14
MR. O'MEILIA: Where?
15
MR. BALDWIN: 45th Street.
16
MR. BAIRD: The City of West Palm moved
17
forward. They had a moratorium for a while, and
18
they were examining everything, not just the
19
alcohol ban. And I believe the reason that they
20
feel they won't be challenged is that they
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essentially vested everybody that was in the
22
pipeline.
23
There was at least one adult entertainment
24
establishment proposed to be located near
25
Rachel's. There is a little office park off of
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45th Street behind the Burger King, and there is
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an adult entertainment facility proposed to be
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built in there.
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The city essentially grandfathered that
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establishment, and because of that, according to
6
the assistant city attorney I spoke with, they
7
believe that they are not going to get
8
litigation, because they are not denying anybody
9
that's interested in coming with the city at
10
this point.
11
MR. TRINGALI: What happened to that
12
famous Rachel's place over there in West Palm
13
Beach?
14
MR. O'MEILIA: Yes, it is on 45th Street.
15
MAYOR NORRIS: Don't they sell alcohol?
16
MS. VASTOLA: They are allowed to continue
17
on. They grandfathered everybody, and they have
18
been grandfathered.
19
MAYOR NORRIS: So everyone that was
20
thinking about it gets to do it.
21
MR. TRINGALI: Just in terms of the
22
appellate process, which is something I know a
23
little bit about, at least in criminal terms:
24
To stay out on bail pending appeal, you have to
25
show that your appeal is taken in good faith on
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issues fairly debatable.
Is that the same standard here?
MR. BAIRD: No. The standard is somewhat
confusing. The appellate rule says that the
stay must be filed in the circuit court.
MR. TRINGALI: Correct.
MR. BAIRD: And the circuit court has
continuing jurisdiction to hear that.
In our case the circuit court already
heard the motion for stay and denied it. They
then, when they filed their notice of appeal,
also filed an application to stay, which recited
essentially the same arguments that were argued
in the circuit court.
The position that I took was that
essentially they were asking the appellate court
to review the trial court's decision on the
motion to stay that was properly filed pursuant
to the rule in the trial court. And I argued
that the standard of review, therefore, is
whether Judge Cook abused his discretion in
denying the stay, which of course is a very
rigorous standard for anyone to meet.
Their reply brief, reply memorandum argues
that the standard of review for the appellate
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court is the same standard as courts use for a
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temporary injunction.
3
Which, again, is a pretty rigorous
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standard for someone to have to meet. They have
5
to show irreparable harm. They have to show
6
that there is a likelihood that they are going
7
to prevail on the merits. They have to show
8
that their harm outweighs the public benefit.
9
And a fourth criteria --
10
MAYOR NORRIS: When will we hear about
11
getting a decision on that, on the stay?
12
MR. BAIRD: I think a decision on that
13
should be forthcoming fairly quickly, because
14
the appellate court was aware that the stay
15
would expire on February 26.
16
Now, that order on the stay that the
17
circuit court entered, which was just a limited
18
stay to give them time to appeal, was modified
19
last week by Judge Cook, who decided that the
20
safest ground for him was to continue the stay
21
until the appellate court ruled, which is what
22
he did.
23
MR. O'MEILIA: You mean, I thought he
24
originally granted the stay?
25
MAYOR NORRIS: Denied it.
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MS. VASTOLA: He originally denied it.
MR. BAIRD: Granted in part, denied in
part.
12
MAYOR NORRIS: Oh, he did.
MR. BAIRD: They filed a motion to stay
pending appeal, which was denied.
MR. O'MEILIA: Yes.
MR. BAIRD: But they also asked for a
stay.
MR. TRINGALI: Until they could appeal
that denial?
MR. BAIRD: Until they could appeal the
final judgment.
MAYOR NORRIS: And he granted that?
MR..BAIRD: He granted that.
Then he modified that, because they
couldn't get through the appellate process on
the motion to stay before the 26th.
MR. TRINGALI: So what's happening is that
the Fourth DCA is going to in effect decide
whether or not to put everything on hold until
they review the entire case.
MR. BAIRD: Right.
MR. TRINGALI: What do you really think;
what is your gut feeling?
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MR. O'MEILIA: Before you answer that, let
2
me ask you a little tiny interim thing:
3
Do they have the power to do that, appeal?
4
It seems like that kind of contradicts the
5
whole program.
6
MAYOR NORRIS: Do they have the power to
7
do what?
8
MR. BAIRD: I have not run across any case
9
law that says they don't have the power to do
10
that.
11
The question is whether the standard is
12
are they reviewing the circuit court's action,
13
or do they have the independent authority to
14
enter stays.
15
And there wasn't any case law that came
16
down squarely and says the appellate court has
17
separate authority to review this, which is why
18
I took the position that all they are really
19
doing is reviewing the circuit court's
20
determination, and they can only overturn the
21
circuit court if they find there was abuse of
22
discretion.
23
Now, if I am right on that argument, I
24
don't think there is any way that they will stay
25
pending appeal the final judgment.
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And I don't believe either, I should say,
2
that under the standard of review that Crystals
3
would like the court to adopt, I don't believe
4
they should be entitled to a stay under the
5
standard of -- it's like a temporary injunction.
6
But I didn't believe, by the way, that we
7
should not have been granted a temporary
8
injunction in the first place.
9
Just as an aside, two cases came out of
10
the Fifth District, Seminole County, within the
11
last two months with issues nearly identical to
12
ours, where the court, the circuit court granted
13
a search practitioner injunction, and the Fifth
14
District Court of Appeals upheld the circuit
15
court's grant of an injunction.
16
I filed notice of supplemental authority
17
to our district court, the 4th District, just to
18
let them know, you know, of the support.
19
MR. TRINGALI: You are talking about a
20
temporary injunction to put these guys out of
21
business until the case gets heard?
22
MR. BAIRD: Until they get an adult
23
entertainment license.
24
MR. O'MEILIA: So that's supporting --
25
MR. BAIRD: Right.
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MR. EISSEY: You notified the 4th
District.
MR. BAIRD: One of my arguments on appeal
will be we should have been granted the
temporary injunction under the law in the first
place, but we had to endure two years of
continuing trials, et cetera, while they
continued to make a profit.
MR. TRINGALI: So I think what you are
saying is that you think we stand a pretty good
chance of them not restraining, as it were,
Judge Cook's order, you think that they will
not --
MAYOR NORRIS: Not get a stay.
MR. TRINGALI: -- not get a stay?
MR. BAIRD: That's what I think. I think
the law compels them to not grant the stay.
MR. O'MEILIA: Because they can't meet
those standards?
MR. BAIRD: Right.
MAYOR NORRIS: Good.
MS. VASTOLA: Good news.
MR. TRINGALI: We should know pretty
quick.
MR. BAIRD: I would expect something. I
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thought -- Wednesday is opinion day in the
district court, and I thought we might have
something today. But we didn't, so...
MR. O'MEILIA: I thought the magic day was
the 28th of February.
MR. BAIRD: No. The 26th was the date in
which they had to file the appeal.
MR. TRINGALI: But Judge Cook took the
heat off of that.
MR. BAIRD: Right. Which has been
consistent with his rulings throughout the
proceedings; that he has taken the safe ground,
which in some respects has benefited the
Village.
Because if, for example, he had not
allowed Crystals to put on some of the evidence
that they wanted to put on, then he would -- and
we got the final judgment that we received --
then there would be arguments that they could
make about errors of law that were made at the
trial court.
By letting all of the evidence in, he
essentially has eliminated some of those
arguments that we would have otherwise had to
face and brief.
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MAYOR NORRIS: Okay. Any other questions?
MR. TRINGALI.: Personally, I don't think
we should get into this --
MAYOR NORRIS: Changing the --
MR. TRINGALI: -- touch this alcoholic
beverage thing with a 20 foot pole, until that
gets decided.
MAYOR NORRIS: Yes, I agree.
MR. TRINGALI: Because all we are going to
do is muddy up the waters. Let's keep this nice
and clean.
MR. BALDWIN: I agree.
MR. O'MEILIA: I don't know that it does
any good anyway. The only good it would do is
if somebody could buy out Ed Morse and build
another one.
MR. TRINGALI: If we are going to win,
let's win clean and --
MAYOR NORRIS: And then do it.
MR. TRINGALI: -- then resolve it. Then
we do it.
MR. O'MEILIA: Maybe we should have the
ordinance prepared and ready to go.
MR. TRINGALI: Preparation doesn't hurt.
MR. O'MEILIA: We have it on the shelf.
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W.
MAYOR NORRIS: Ready to throw it on the
agenda at the right time?
MR. O'MEILIA: At the same time maybe we
ought to have a moratorium prepared, too; have
the moratorium until we can pass the ordinance.
MAYOR NORRIS:_ Moratorium on what?
MR. O'MEILIA: On issues of any licenses.
MR. TRINGALI: Tom is telling us --
MS. VASTOLA: Did you say that or not,
that it's going to be a good year before this
appeal is heard?
MR. TRINGALI: Yes.
MR. KELLEY: But the stav can be lifted
quickly.
MS. VASTOLA: Are you talking about
waiting for the stay or end of the appeal?
MR. TRINGALI: Wait until the end of the
stay.
MS. VASTOLA: The stay is a different
thing. I thought you were talking about the
appeal.
MR. TRINGALI: Are we talking about the
end of the stay or the end of the appeal?
MAYOR NORRIS: For what?
MR. TRINGALI: For the alcohol ordinance.
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MAYOR NORRIS: I thought you were talking
about the end of the appeal.
What were you talking about?
MR. TRINGALI: I was talking about the end
of the stay, because at that point it's just an
ordinary grind them out appeal. I mean, the
Fourth DCA is --
MAYOR NORRIS: The only argument against
is that they could try to muddy up the appeal
with filing a lawsuit on that new ordinance, and
then try to somehow say that they should hold up
on -- I don't know how -- hold up on appeal
while we fight over that ordinance, because the
two of them might be combined.
I don't think it matters.
MS. VASTOLA: You are talking a year
difference one way or the other.
MR. TRINGALI: My point is the district
court of appeal, they look at the record,
period.
MR. BAIRD: Right.
MR. TRINGALI: End of story, right. And
if you have some other case with another case
number, they say, "Fine. When we get to that
one three years from now, we will look at that
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one."
That's been my experience with them.
MR. BAIRD: There have been, of course,
lawyers who have sought to inject things into
the record that don't belong there.
If you wanted to take sort of a safer
ground, you could wait until the briefing is
completed and then enact the alcohol ban. That
would be some time -- it's going to be 70 days
or thereabouts before their initial brief is
filed.
MAYOR NORRIS: I don't have a strong
feeling either way. I don't really have a
problem going ahead now and doing it. I don't
think there is that big of a risk.
MR. TRINGALI: Let's wait and take the
advice of our counsel, who has been so good up
until now.
MR. BALDWIN: I am kind of inclined to
wait.
MAYOR NORRIS: Until when?
MS. VASTOLA: Until the appeal or brief.
MR. BALDWIN: I think I would prefer to
wait until we get the final decision.
One of the questions is: Let's assume
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they win, the other side wins on this thing.
God knows, then, if we are going to pass the
alcohol ban, are we going to grandfather them or
do we just want to take them on in court again?
I just think it's pretty unclear.
MR. O'MEILIA: Can you make it retroactive
legally? I mean, make it apply to somebody
that's in existence?
MR. BALDWIN: Well, I mean, I think that's
one of the problems you have to consider, and
apparently the reason why West Palm exempted all
of the clubs that were serving alcohol --
MR. O'MEILIA: Maybe we can give them
seven years to comply like we did with Milton
with signs.
MR. BALDWIN: I have never seen --
MAYOR NORRIS: What is the problem with
grandfathering them in? I mean, all we have
right now is the one.
MR. BAIRD: Or you could grandfather all
legally operating.
MR. BALDWIN: But if you get the final
loss, then you might want to not grandfather
them in.
MR. TRINGALI: Then you don't have to
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worry about it.
MS. VASTOLA: If we lose.
MR. TRINGALI: They become a restaurant if
we get the final loss.
MS. VASTOLA: If they lose, a loss is
called they lose; is that what you are saying?
MR. TRINGALI: Yes.
MAYOR NORRIS: No.
MS. VASTOLA: Being one of the few
attorneys in the room...
MAYOR NORRIS: Is that what you are
saying, if they lose or if we lose?
MR. BALDWIN: I was thinking if they lost.
MAYOR NORRIS: If they lost, then they
can't do it at all.
MR. BALDWIN: They would be a restaurant
and serving alcohol.
MAYOR NORRIS: That's all right.
MR. TRINGALI.: They could go ahead with
the Mandarin restaurant.
MAYOR NORRIS: They are just a restaurant;
I don't care about that.
MR. TRINGALI: If they are just a
restaurant, who cares?
MR. BALDWIN: I think they would push the
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law, without alcohol.
2
MAYOR NORRIS: We are not suggesting that
3
you switch, you amend the code to say you can't
4
sell alcohol, period.
5
We are saying you can't sell alcohol at an
6
adult entertainment facility. So if they lose,
7
they are not an adult entertainment facility
8
anymore.
9
MR. TRINGALI: If they lose the appeal,
10
they will slink out of town so fast, you won't
11
even see them. It's really -- that's going to
12
happen.
13
MS. VASTOLA: I think we ought to go ahead
14
and do it.
15
MR. TRINGALI: They don't want to run a
16
restaurant.
17
MR. O'MEILIA: Why don't we prepare the
18
papers for a moratorium and put it on the shelf?
19
MAYOR NORRIS: Put it on the shelf.
20
MR. O'MEILIA: Just have it ready to
21
immediately go with it. We can make the
22
decision the minute the stay is either granted
23
or not granted.
24
MAYOR NORRIS: So, George, you are saying
25
you would prefer to wait until the appeal is
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over altogether?
MR. BALDWIN: I would. But I mean, if you
want to do it after the temporary, I mean, we
can consider it.
MAYOR NORRIS: Your suggestion is wait
until after the --
MR. TRINGALI: Wait until the briefs are
in.
MAYOR NORRIS: The briefs are in.
MR. BAIRD: I was suggesting that as kind
of a compromise between filing it after the stay
is decided and after the lawsuit is decided,
only because the issue is raised if they might
improperly inject that into the brief, to try
and put the Village in a bad way.
MR. TRINGALI: But that is a great
suggestion, Tom, because once their reply brief
is filed, that's it. The record is done. There
is no way of getting anything else into it.
MS. VASTOLA: Then wait until the brief,
do the compromise --
MR. TRINGALI: I tried that one time.
Damn near got my head handed to me by one of the
judges: .Is that in your brief? Is that in the
record? Your Honor, no, Your Honor. Don't you
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know better than that?
MR. BAIRD: Do you want your opinion now?
MR. O'MEILIA: Doesn't that county
ordinance, doesn't it prohibit alcohol anyway,
or not?
MR. BALDWIN: No.
MR. O'MEILIA: The way that reads, it's
really ambiguous.
MR. BAIRD: It's really a confusing
ordinance. But it's not yours, so it's really
of no consequence.
MR. O'MEILIA: I am talking about the
regulatory ordinance, which is ours. We didn't
opt out of it.
MR. BALDWIN: We didn't opt out, so we are
automatically under it until they amend that
part.
MR. BAIRD: I haven't read it as
prohibiting adult entertainment where alcohol is
served, and judging by the places that are
operating in the county, it doesn't appear
anyone else is reading it that way.
MR. O'MEILIA: When you really read that
thing, it talks about dancing, no alcohol when
certain types of dancing are going on.
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That's what I am saying. I don't know
whether you have looked at it from that angle or
not. It is ambiguous.
MR. BAIRD: The way I am looking at it is
that T's Lounge has dancing and it has alcohol.
Club Diamonds has dancing and alcohol. And you
can go right down the list.
MR. O'MEILIA: You talk to the sheriff.
We think they are breaking the law, but any time
we do something about it, the district attorney
refuses to challenge it.
MR. BAIRD: Let me say this: If you want
to ban alcohol in adult dancing establishments,
the best way to do it is to enact your own
ordinance and not rely on the county's, because
obviously there is a question, at least a
question about how you read the county's
ordinance.
MS. VASTOLA: Why don't we do it after the
brief? That's a compromise. Why don't we file
an ordinance after the brief?
MR. TRINGALI: I like that idea, Tom.
MS. VASTOLA: Let's do that.
MR. TRINGALI: It keeps the heat on.
MAYOR NORRIS: How long is that?
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MS. VASTOLA: 70 days.
2
MR. TRINGALI: No, 70 plus 20 plus 10, and
3
that's if everybody doesn't get extensions.
4
MR. BAIRD: Right.
5
MAYOR NORRIS: 70 plus.
6
MR. TRINGALI: It's 50 days to file the
7
record, then 20 days to file the initial brief,
8
then 20 for the answer brief, then 10 for the
9
reply. That's if nobody asks for an extension.
10
MAYOR NORRIS: So it's like four months..
11
MR. TRINGALI: If you start asking for
12
extensions --
13
MR. BAIRD: Unless the stay entered, the
14
Village won't be asking for extensions.
15
MAYOR NORRIS: Right.
16
MR. BAIRD: They are not going to ask for
17
extensions if there is no stay.
18
MR. O'MEILIA: They are going to ask for a
19
hurry -up.
20
MR. BAIRD: They want to move it along.
21
MR. TRINGALI: So you're probably looking
22
really at three months.
23
MAYOR NORRIS: Three months is the --
24
going to take us two months to get through doing
25
it. So another month or so, we can start it.
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MR. BAIRD: You want to proceed with it
2
only if a stay is not entered or --
3
MS. VASTOLA: We want to proceed with it,
4
period.
5
MR. BAIRD: Okay.
6
MAYOR NORRIS: Yes, I think that's what we
7
are saying.
8
Is that what everybody wants?
9
Yes, okay.
10
Anything else?
11
MS. VASTOLA: Anything else?
12
MR. BAIRD: Let's eat.
13
MR. O'MEILIA: I've got a question, just
14
one question:
15
We discussed the liquor license the last
16
time, and we got a memo --
17
MS. VASTOLA: I thought we just discussed
18
that.
19
MR. O'MEILIA: -- from Hogart about the
20
temporary liquor license.
21
MAYOR NORRIS: Oh, about their license.
22
MR. O'MEILIA: The existing --
23
MR. BAIRD: We really need to discuss
24
stuff that's related to this litigation in this
25
session. We get too far afield.
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MAYOR NORRIS: That's not related.
MR. O'MEILIA: You think that's not
related?
MAYOR NORRIS: Their existing license?
MS. VASTOLA: They only have a temporary
license, is all they have.
MR. EISSEY: Which has become permanent by
choice of theirs.
MR. BAIRD: I am not sure it's related.
MS. VASTOLA: Can someone check into that
and get back with us on it?
MR. O'MEILIA: Tom did. He checked on it
and sent us a memo on December the 11th.
MAYOR NORRIS: Maybe George needs to look
at that.
MS. VASTOLA: Can you look into that,
George?
MR. EISSEY: As I recall, the temporary
license would have expired, but they kept
continuing and nobody did anything about it.
Is that correct?
MR. O'MEILIA: That's always been my
attitude.
MAYOR NORRIS: Let's not talk about that
anymore.
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there?
there.
30
MR. KELLEY: Can we talk about it out
MAYOR NORRIS: We can talk about it out
MR. BAIRD: That's it.
(Thereupon, at 6:36 o'clock p.m., the
meeting was adjourned.)
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31
C E R T I F I C A T E
THE STATE OF FLORIDA,)
COUNTY OF PALM BEACH.)
I, Jane Pastore, Registered Professional
Reporter, do hereby certify that I was authorized to
and did report the above meeting at the time and place
herein stated, and that it is a true and correct
transcription of my stenotype notes taken during said
meeting.
Dated this 31st day of March, 1999.
Jane Pastore, RPR
LEY AND MARSAA COURT REPORTERS, INC.
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