Fort Walton Beach Council agenda — 01-24-12 regular — reading text

Robert T Mearns City Manager Office ofth, City Manager 107 Miracle Strip Parkway Fr Wolton Beach, FL 32548 850 -833 -9504 850- 833 -9640 ( Fax) Please Note: Florida has a very broad public records law. Most written communication to or from the City of Fort Walton Beach officials are public records available to the public and media upon request. Your e- mail address and communications may therefore be subject to public disclosure. From: Nikki and Clay ... [ mailto: nikandclay @yahoo. coml Sent: Tuesday, November 29, 2011 12: 42 PM To: Robert Mearns Cc: tedcorcoran @fwbchamber. org Subject: Permit change request Dear Mr. Meatus, Thank you for taking your time and listening to my request on Monday November 28 in your office. To reiterate, my son Clay Wilson, his wife Nikki, and myself are studying the feasibility of a new business in the Florida Panhandle. Specifically we would like to cater events centered around food and activities. The food would be fresh and cooked on site ( some food would be prepared in our kitchen and transported by insulated food transports). Different menus will be offered with a New England style clambake being featured. Other offerings will include whole Hog Pig roast and Louisiana crawl fish boil. As to the event portion we will either include outdoor activities, ie, volleyball nets, horse shoes, bad mitten or offer them as an option. For the children, we have the air filled jumping equipment. These are set up by our employees for the guest to enjoy while waiting for the main course, the food. Now comes the purpose of this letter. Currently the City parks ( along with County, Federal and State parks) prohibit the consumption of alcohol within the parks. With this being an old restriction marine could make this style of event fcisable. Any experienced operator will attest to this. Psi:ket Pg: 131 12/ 2/ 2011  Page 3 of 3 14. 3. b The Slate has made provisions to allow the sale of alcohol offsite through a class of license CT -13. The hangup comes when it cant be dispensed in a park of any kind. Currently, Okaloosa county has granted exceptions of this policy by allowing the Crab Trap in Destin and the Boardwalk in Fort Walton to dispense alcohol to customers on county property. We realize any change in laws pertaining to alcohol tends to raise eyebrows and we can appreciate this, but we will only serve drinks by either the glass or can container and since we would be operating under a CT -13 we must be very diligent on our responsibilities. Just a little history here, years ago, When I was the Co -owner of the Sound Restaurant we started a very popular Sunday brunch that started at 10:30 every Sunday. The problem was in the City, alcohol was prohibited to be sold until 1: 00 PM. Customers could not enjoy any alcohol beverage of any kind. The City took the request and after little discussion passed on the issue and the City then allowed us to serve drinks when accompanied by food. I don't recall that this change ever caused one incident. We are again visiting this touchy issue but our thoughts are that level minds will prevail and you will grant our request Granted it may provide limited number of jobs but a few is much better than none. Thank you once more for your time, attention and understanding. Chris Wilson Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. Your e -mail address and communications may therefore be subject to public disclosure. Think Green - Please consider the environment before printing this e -mail. PackM Pg: 132 12/ 2/ 2011  Page 1 of 2 14. 3. c Carole Jones From: Robert Mearns Sent: Wednesday, November 30, 2011 11: 03 AM To: Carole Jones Subject: FW: Permit change request For the Wilson appeal agenda item. Robert T Mearns City Manager Office ofthe City Manager 107 Miracle Strip Parkway F1 Walton Beach, FL 32548 850 -833 -9504 850 -833 -9640 ( F.) Please Note: Florida has a very broad public records law. Most written communication to or from the City of Fort Walton Beach officials are public records available to the public and media upon request. Your a - mail address and communications may therefore be subject to public disclosure. From: Nikki and Clay ... [ mailto: nikandclay@yahoo.coml Sent: Tuesday, November 29, 2011 12: 42 PM To: Robert Means Cc: tedcorcoran @fwbchamber.org Subject: Permit change request Dear Mr. Meams, Thank you for taking your time and listening to my request on Monday November 28 in your office. To reiterate, my son Clay Wilson, his wife Nikki, and myself are studying the feasibility of a new business in the Florida Panhandle. Specifically we would like to cater events centered around food and activities. The food would be fresh and cooked on site ( some food would be prepared in our kitchen and transported by insulated food transports). Different menus will be offered with a New England style clambake being featured. Other offerings will include whole Hog Pig roast and Louisiana crawl fish boil. As to the event portion we will either include outdoor activities, re, volleyball nets, horse shoes, bad mitten or offer them as an option. For the children, we have the air filled jumping equipment. These are set up by our employees for the guest to enjoy while waiting for the main course, the food. Now comes the purpose of this letter. Currently the City parks ( along with County, Federal and State parks) prohibit the consumption of alcohol within the parks. With this being an old restriction noone could make this style of event feisable. Any experienced operator will attest to this. The State has made provisions to allow the sale of alcohol offsite through a class of license CT -13. The hangup comes when it can't be dispensed in a park of any kind. Currently, Okaloosa county has granted exceptions of this policy by allowing the Crab Trap in Destin and the Boardwalk in Fort Walton to dispense alcohol to customers on county property. We realize any change in laws pertaining to alcohol tends to raise eyebrows and we can appreciate this, but we will only serve drinks by either the glass or can container and since we would be operating under a CT -13 we must be very diligent on our responsibilities. Just a little history here, years ago, When I was the Co -owner of the Sound Restaurant we started a very popular Sunday brunch that started at 10: 30 every Sunday. The problem was in the City, alcohol Packet Pg: 133 11/ 30/ 2011  Page 2 of 2 14. 3. c was prohibited to be sold until 1: 00 PM. Customers could not enjoy any alcohol beverage of any kind. The City took the request and after little discussion passed on the issue and the City then allowed us to serve drinks when accompanied by food. I don't recall that this change ever caused one incident. We are again visiting this touchy issue but our thoughts are that level minds will prevail and you will grant our request. Granted it may provide limited number ofjobs but a few is much better than none. Thank you once more for your time, attention and understanding. Chris Wilson Packet. Pg. 134 11/ 30/ 2011  Page 1 of 3 14. 3. d Carole Jones From: Robert Mearns Sent: Wednesday, November 30, 2011 11: 03 AM To: Carole Jones Subject: FW: Permit change request For the Wilson appeal agenda item. Robert Mearns City Mmtager O/). ce of the City Manager 107 Miracle Strip Parkwav Fr { Fallon Beach, FL 32548 850 -833 -9504 850 -833 -9640 ( Fas) Please Note: Florida has a very broad public records law. Most written communication to or from the City of Fort Walton Beach officials are public records available to the public and media upon request. Your e- mail address and communications may therefore be subject to public disclosure. From: Robert Mearns Sent: Tuesday, November 29, 20112: 17 Ple To: ' Nikki and Clay ..: Cc: City Council; ' Hayward Dykes'; Helen Spencer; Jeff Peters; Carole Jones Subject: RE: Permit change request Mr. Wilson, Following our meeting yesterday I researched the issue you presented regarding the consumption of alcohol in City parks and City property. Section 8. 03. 08 of the Fort Walton Beach Code of Ordinances states: 8. 03. 08 Alcohol Use for Events: During temporary or special events to be conducted at, upon, or on any public street, sidewalk, right- of-way, parking lot, in any alley, city park, city recreational or cultural center, city softball complex, city terms complex, or other public property, the city manager may permit temporary authority for individuals to consume or possess any alcoholic beverage in any cup, can, bottle, or other open container." ( Emphasis added) The term temporary event refers to a limited time event and not one that is on -going or permanent. A special event is one in which a permit is applied for through an application process and is also temporary ( eg. Billy Bowlegs festival). It is my understanding your business plan is to hold events, or cater to them, on City property at least 2 -3 times per week and serve alcoholic beverages at each event in order to attract customers. As your plan is neither temporary nor a special event, per the Code no temporary authority could be permitted to approve your request. I have included an appeal process for you should you desire to appeal this decision. 8. 03. 09 Appeals: If an application for a temporary or special event permit is denied, the applicant shall have five days from the date of the written denial to request that the city council reviews the denial. The applicant must be physically present or represented by an agent, authorized in writing to represent the applicant, at the council meeting during which the application will be reviewed. After consideration of the application and the reasons for Packet Pg. 135 11/ 30/ 2011  Page 2 of 3 74.3. d denial, the city council shall have the authority to grant or deny the application. Robert T. Mearns City Manager Office ojthe City Manager 107 Miracle Strip Parkway Ft, Walton Beach, FL 32548 850- 833