Oct 16, 2024 Planning & Zoning Meeting - 10/16/2024

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COMMISSIONER QUINN.

HERE.

COMMISSIONER BARRY KELLOW.

HERE.

COMMISSIONER

[ Call to Order/Roll Call]

COMMISSIONER SCHWARTZER.

HERE YOU HAVE CORUM.

OKAY, JUST FOR THE RECORD, COMMISSIONER LOPEZ HAS AN UNEXCUSED 'CAUSE HE DIDN'T CALL IN, SO THANK YOU FOR THAT.

PRIOR TO THIS MEETING, WE HAD A STUDY SESSION AND DISCUSSED ITEMS NUMBER 1, 2, 3, AND FIVE, WHICH IS JUST A CANCELLATION OF THE NOVEMBER 8TH MEETING.

UM, I DO HAVE A CARD.

I'M NOT SURE IF THE PERSON WANTS TO SPEAK ON ITEMS TWO AND THREE.

DWAYNE, DO YOU WANNA TALK ON TWO AND THREE OR YOU JUST OPPOSED TO THOSE ITEMS? OKAY.

ALL RIGHT, THANK YOU.

UM, SO THE REST OF THE AUDIENCE, WE WILL BE VOTING ON THOSE FOUR ITEMS IN ONE MOTION.

IF ANYBODY HAS A QUESTION ON ANY OF THOSE ITEMS, PLEASE SPEAK UP NOW.

IF NOT, WHAT'S THE COMMISSION'S PLEASURE? OH, I'M SORRY.

WHAT? I KEEP MESSING THAT UP.

WHY DON'T I KEEP DOING THAT? YOU'RE SUPPOSED TO KEEP ME IN LINE.

I WAS GONNA SAY SOMETHING.

IT WAS AN INTERRUPTION SO I DIDN'T BOTHER.

OKAY, KYLE, TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH TO STAND? ONE NATION UNDER GOD IN THE INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

FOR ALL.

JULIE, YOU NEED TO BOLD THAT MORE SO I DON'T FORGET .

OKAY, NOW WE'LL GO BACK.

WHAT'S THE COMMISSION'S PLEASURE VICE CHAIR.

UH,

[ Consent Agenda Items listed on the Consent Agenda may be enacted by one motion and one vote. If a discussion is required by members of the Board or Commission, the item will be removed from the Consent Agenda for discussion and determination will be made if the item will be considered separately.]

THANK YOU.

AND WE HAVE A SECOND? I SECOND.

OKAY, WE HAVE A SECOND.

ANY OTHER COMMENTS? ALL THOSE IN FAVOR SAY AYE.

AYE.

AYE.

ANY OPPOSED? ANY ABSTENTIONS? OKAY.

THAT PASSES.

OKAY.

[4. Use Permit and Entertainment Use Permit, PLH24-0031 Sneakerheadz Restaurant and Lounge, located at 3002 N Arizona Avenue, Suites 18 and 19, generally located at the northwest corner of Arizona Avenue and Elliot Road Move Planning and Zoning Commission recommend approval of Use Permit and Entertainment Use Permit PLH24-0031 Sneakerheadz Restaurant and Lounge, subject to the conditions as recommended by Planning staff.]

UM, TAYLOR, YOU'RE UP ON THIS ONE.

AND MR. CHAIRMAN, THIS IS HER FIRST TIME, SO WE HAVE TO BE NICE.

DON'T, YES.

I'D LIKE TO INTRODUCE, UH, TAYLOR MANN.

UH, SHE'S A FAIRLY NEW PLANNER WHO'S, UH, BEEN WITH US FOR ABOUT SIX MONTHS AND SHE CAME FROM THE DARK SIDE.

SHE WAS IN WORKING FOR A GA BURNHAM.

WE'RE REALLY HAPPY TO HAVE HER HERE.

SO, TAYLOR.

OKAY, GOOD EVENING.

UH, BEFORE YOU TODAY I HAVE PLH 24 31 SNEAKERHEAD RESTAURANT AND LOUNGE.

UM, FOR SOME BACKGROUND ON THE SITE, IT'S LOCATED AT THE NORTHWEST CORNER OF ARIZONA AVENUE IN ELLIOT ROAD.

IT HAS BEEN ZONED FOR COMMUNITY COMMERCIAL SINCE 1985 WITH THE INLINE SHOPS BEING BUILT SHORTLY AFTER IN 1986.

ZONING CODE REQUIRES A USE PERMIT FOR A SERIES SIX BAR LICENSE AND AN ENTERTAINMENT USE PERMIT FOR A LIVE ENTERTAINMENT WITHIN 600 FEET OF RESIDENTIALLY ZONED PROPERTY FOR THIS PROPERTY, THE NEAREST RESIDENTIAL ZONED, UM, SITE IS APPROXIMATELY 415 FEET TO THE EAST ACROSS ARIZONA AVENUE.

IT'S APPROVED FOR A MULTIFAMILY DEVELOPMENT, BUT IT'S NOT YET BEEN CONSTRUCTED.

THE NEAREST SINGLE FAMILY PROPERTY IS 515 FEET TO THE WEST, AND IT'S SEPARATED BY ANOTHER ROAD, SAN MARCOS PLACE AND INDUSTRIAL DEVELOPMENT.

AND THEN IT'S THE SINGLE FAMILY PROPERTY.

TODAY, THE APPLICANT'S REQUESTING A USE PERMIT FOR A SERIES SIX BAR LICENSE AND AN ENTERTAINMENT USE PERMIT TO ALLOW FOR OUTDOOR PATIO SPEAKERS AND TVS FOR SPORTING EVENTS AND LIVE INDOOR ENTERTAINMENT, INCLUDING DJS LIVE MUSICAL PERFORMANCES, KARAOKE COMEDIANS, AND DANCING.

THE SNEAKERHEAD SUITE INCLUDES AN APPROXIMATE 6,700 SQUARE FOOT INDOOR AREA AND AN OUTDOOR PATIO THAT'S APPROXIMATELY 3,700 SQUARE FEET SHOWN HERE.

UM, THE HOURS OF OPERATION WILL BE MONDAY THROUGH FRIDAY, 10:00 AM TO 2:00 AM AND SATURDAY AND SUNDAY 11:00 AM TO 2:00 AM THEIR PROPOSED HOURS OF ENTERTAINMENT FOR INDOORS WILL BE MONDAY THROUGH FRIDAY, 7:00 PM TO 2:00 AM AND SATURDAY AND SUNDAY 11:00 AM TO 2:00 AM THEIR OUTDOOR SPEAKERS WOULD BE LIMITED TO SUNDAY THROUGH THURSDAY, 7:00 PM TO 9:00 PM AND FRIDAY AND SATURDAY 11:00 AM TO 11:00 PM THE SUITE OCCUPIED BY SNEAKERHEAD WAS PREVIOUSLY OCCUPIED BY MULTIPLE OTHER RESTAURANTS, RESTAURANT TENANTS, WITH SERIES 12 LIQUOR LICENSES MOST RECENTLY BEING ROSAS MEXICAN GRILL.

SNEAKERHEAD WAS THEN ABLE TO BEGIN OPERATING AND HAVE A SOFT OPENING IN EARLY AUGUST USING AN INTERIM 12 LICENSE.

FOLLOWING THE SOFT OPENING CITY STAFF BEGAN RECEIVING COMPLAINTS FROM THE ADJACENT DAYCARE, WHICH HAS SUITES ON EITHER SIDE OF THE SNEAKERHEAD SUITE.

THE DAYCARE OWNER EXPRESSED CONCERNS REGARDING THE NIGHTCLUB ENVIRONMENT, SAFETY AND TRASH BEING LEFT IN THE PARKING LOT.

THE DAYCARE HAD OVERALL HAD NO ISSUE WITH THE RESTAURANT PORTION, BUT THEY WERE MORE CONCERNED THAT SNEAKERHEAD WAS OPERATING MORE AS A NIGHTCLUB.

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SNEAKERHEAD THEN WITHDREW THEIR SERIES 12 RESTAURANT LICENSE APPLICATION AND HAVE SINCE BEEN OPERATING AS A RESTAURANT ONLY WITH NO ALCOHOL BEING SOLD.

PLANNING STAFF COMPLETED ADDITIONAL RESEARCH INTO THE STATE REQUIREMENTS FOR SEPARATION BETWEEN DAYCARES AND BARS, AND FOUND THAT STATE STATUTE REQUIRES A 300 FOOT SEPARATION FROM SCHOOLS.

UM, BUT NO SEPARATION REQUIRED FROM DAYCARES AND THE ARIZONA DEPARTMENT OF LIQUOR AND LICENSE CONTROL CONFIRMED THAT SINCE THE DAYCARE DOES NOT OFFER AN ACCREDITED K 12 SCHOOL PROGRAM, THAT THEY DON'T QUALIFY FOR THIS 300 FOOT SEPARATION REQUIREMENT.

THE CITY DOES NOT HAVE ANY OF THEIR OWN, UM, SEPARATE SEPARATION REQUIREMENTS AND THEREFORE DOES NOT REGULATE THEM.

SO THE APPLICANT WOULD STILL HAVE TO FOLLOW ANY OF THE STATE REQUIREMENTS.

THE REQUEST WAS NOTICED IN ACCORDANCE WITH REQUIREMENTS IN THE CHANDLER ZONING CODE.

A NEIGHBORHOOD MEETING WAS HELD ON SEPTEMBER 17TH, 2024.

PLANNING STAFF, FOUR ADJACENT NEIGHBORS AND SIX PEOPLE ASSOCIATED WITH THE DAYCARE WERE IN ATTENDANCE AT THE NEIGHBORHOOD.

MEETING ATTENDEES CONCERNS INCLUDED THE REQUIRED SEPARATION FROM THE DAYCARE, THE OVERALL NIGHTCLUB OPERATIONS IN THE EVENING, THE TYPES OF ENTERTAINMENT ASSOCIATED WITH THE BUSINESS SECURITY MEASURES THAT WILL BE TAKEN BY SNEAKER HEADS, SMOKING ON THE PATIO NEAR THE DAYCARE PLAYGROUND, SERVER ATTIRE, AND SEEING THE SERVERS IN THE RESTAURANT SER SEEING THE SERVERS ENTER THE RESTAURANT AND NOT WANTING TO BE A SEAT INSIDE THE SUITE FROM THE PARKING LOT.

IN RESPONSE TO THE NEIGHBOR'S CONCERNS, THE APPLICANT PLANS TO IMPLEMENT ADDITIONAL MEASURES TO ENSURE CREATOR COMPATIBILITY WITH THE DAYCARE AND SURROUNDING BUSINESSES.

THESE INCLUDE HIRING SECURITY FOR PLANNED EVENTS AT NIGHT, HIRING A MAINTENANCE CREW TO CLEAN UP THE PARKING LOT AND PATIO AREAS AFTER THESE EVENTS, LIMITING CIGARETTES, SMOKING ON THE PATIO TO DESIGNATED AREAS AWAY FROM THE DAYCARE, HAVING SERVERS ENTER THROUGH THE REAR OF THE BUILDING, ADDING CURTAINS AND WINDOW FILM TO THE FRONT WINDOWS TO LIMIT VISIBILITY INTO THE SUITE.

ADJUSTING LIVE ENTERTAINMENT HOURS TO BEGIN AFTER THE DAYCARE CLOSES ON WEEKDAYS.

AND CLARIFYING THE SPECIFIC TYPES OF ENTERTAINMENT THAT WILL BE OFFERED.

UM, IN SNEAKER HEADS.

YEAH, OR JUST SO IT'S DJ'S KARAOKE, BASICALLY.

WHAT ELSE ISN'T, WHAT ELSE IS THERE? IT'S BASICALLY THE DEFINITION.

UH, RIGHT NOW THEY'RE, UH, REQUESTING THE TYPES OF LIVE ENTERTAINMENT.

THEY'RE INCLUDED IN THE DEFINITION OF LIVE ENTERTAINMENT UNDER THE CITY CODE.

OKAY.

I DIDN'T THINK THERE WAS ANYTHING ELSE BESIDES WHAT'S LISTED HERE, SO, OKAY, THANK YOU.

UM, PLANNING STAFF HAS RECEIVED TWO LETTERS AND A COUPLE OF PHONE CALLS FROM NEIGHBORS.

ONE LETTER IS FROM A RESIDENT SOUTH OF ELLIOT WITH CONCERNS OF NOISE AND HEAVY BASE HAVING A NEGATIVE EFFECT ON PEOPLE'S HELP.

THE SECOND IS A LETTER OF OPPOSITION FROM THE ADJACENT DAYCARE OWNER STATING THE CONCERNS MENTIONED IN THE PREVIOUS SLIDES.

STAFF IS AWARE OF THE CONTINUED OPPOSITION FROM THE ADJACENT DAYCARE OWNER AND HAS BEEN WORKING WITH THEM TO ADDRESS, TO CONTINUE TO ADDRESS THEIR QUESTIONS AND CONCERNS WITH THE APPLICANT'S ADDITIONAL MEASURES IN PLACE.

STAFF FINDS THAT THE PROPOSED USE CAN BE COMPATIBLE WITHIN THE COMMERCIAL DEVELOPMENT AND THAT THE USE IS CONSISTENT WITH THE GENERAL PLAN AND ELIGIBLE FOR CONSIDERATION WITHIN THE C TWO ZONING.

UM, AS OF TODAY, PLANNING STAFF HAS CONFIRMED THERE ARE CURRENTLY NO NOISE COMPLAINTS OR DISTURBANCES REPORTED, AND SNEAKERHEAD HAS PROVIDED A POINT OF CONTACT TWO POINTS OF CONTACT FOR THEIR MANAGEMENT.

TO ADDRESS ANY FUTURE CONCERNS, STAFF RECOMMENDS APPROVAL OF THE USE PERMIT AND ENTERTAINMENT USE PERMIT, SUBJECT TO CONDITIONS, INCLUDING A ONE YEAR TIME LIMIT AND SET HOURS FOR LIVE ENTERTAINMENT.

AND THAT CONCLUDES MY PRESENTATION.

I'M AVAILABLE FOR ANY QUESTIONS.

DID YOU ANSWER A QUESTION ON THE PACKET WE'VE GOT UP HERE IN TERMS OF SOME OF THE THINGS HERE IN TERMS OF OTHER BARS OWNED BY THIS APPLICANT AND SOME OF THE ISSUES THERE? HAS STAFF LOOKED INTO THAT OR IS THAT SOMETHING THE STATE LIQUOR BOARD WOULD HAVE TO LOOK INTO OR GOVERNOR OR DAVID? UH, YES.

MR. CHAIRMAN, UM, THIS, I BELIEVE IT WAS, WAS IT TODAY OR YESTERDAY? YESTERDAY.

SO YESTERDAY STAFF RECEIVED, UM, AN EMAIL FROM THE, THE DAYCARE, UM, WITH, UH, INFORMATION THAT HAS BEEN PROVIDED AND DISTRIBUTED TO THE COMMISSION.

AND THE, UH, THE ALLEGED IS THAT THE, UH, OWNERS OF THIS ESTABLISHMENTS, UH, WERE WERE INVOLVED WITH ANOTHER ESTABLISHMENT IN THE CITY OF MESA THAT HAD A LOT OF PROBLEMS, INCLUDING SHOOTINGS AND, AND THINGS LIKE THAT.

AND SO THEY, THEY'RE CONCERNED ABOUT, UH, THAT HAPPENING HERE ON THIS SITE.

SO, UM, STAFF HAS NOT LOOKED INTO THAT.

UM, THAT IS NOT SOMETHING THAT, UM, STAFF IS GONNA DO BECAUSE IT'S NOT REALLY A PLANNING FUNCTION.

UM, BUT IT, IT MAY BE SOMETHING THAT THE STATE DEPARTMENT OF LIQUOR MAY LOOK INTO.

OKAY.

WE CAN

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OKAY.

THANK YOU.

QUESTIONS TO STAFF.

QUICK QUESTION.

WHAT IS THE FUTURE? UM, WHAT'S THE OPERATING HOURS OF THE DAYCARE CURRENTLY? SEVEN.

SEVEN IN THE MORNING TILL SIX AT NIGHT.

YEAH.

SO THROUGH THE CHAIR.

MONDAY THROUGH FRIDAY.

COMMISSIONER MONDAY.

YEAH, SORRY.

UM, RIGHT NOW FOR THE HOURS OF OPERATION, THEY'RE PROPOSING 10:00 AM TO YES.

FOR THE, THE DAYCARE.

OH, FOR THE DAYCARE.

I BELIEVE THAT THEY CLOSE, UM, AROUND SIX 30.

OKAY.

ON WEEKDAYS.

THEY'RE OPEN MONDAY THROUGH, I WENT OUT THERE TODAY, SO THEY, THEY'RE OPEN MONDAY THROUGH FRIDAY TILL SIX, AND THERE'S ALWAYS A LITTLE CARRY OVER TILL SIX 30 OR SO.

SO, ANY OTHER QUESTIONS FOR STAFF? OKAY.

IS THE APPLICANT HERE? YES.

OKAY.

THE APPLICANT COME UP AND STATE YOUR NAME AND ADDRESS FOR THE RECORD AND MAYBE TALK ABOUT SOME OF THE ISSUES THAT THE DAYCARE'S CONCERNS ABOUT, AND MAYBE ALSO TALK A LITTLE BIT ABOUT THE, IF ANY OTHER ESTABLISHMENTS YOU GUYS HAVE OWNED THAT MAY BE CAUSING ANY ISSUES THAT YOU DON'T THINK WILL HAPPEN HERE AT CHANDLER.

UM, THANK YOU FOR HAVING ME.

MY, MY NAME IS JERMAINE PRINCE.

UM, MY PARTNER'S NAME IS, UH, CARLOS HOWARD.

UM, AS FAR AS, UH, THE DAYCARE'S CONCERNED, WE'VE PRETTY MUCH, UH, UH, DID EVERYTHING THAT THEY, YOU KNOW, EVERYTHING THAT WE THOUGHT WOULD, UM, GET THEIR APPROVAL, UM, FOR US TO BE THERE.

AS FAR AS THE OLD, UH, BAR, UM, I OWNED THE BAR, UM, ALONG, I WAS A SILENT PARTNER OF A BAR.

AND, UM, I PULLED OFF, PULLED OUT THE LIQUOR LICENSE, UM, LITERALLY TWO DAYS BEFORE THERE WAS AN ISSUE.

THERE WAS A PROBLEM THERE, UH, I DON'T KNOW, THREE YEARS AGO.

AND I'VE HELD ONTO THE, THE USE PER, I MEAN, I'M SORRY, I'VE HELD ONTO THE LIQUOR LICENSE SINCE THEN.

SO, UM, I PULLED OUT, UH, MAYBE 48 HOURS BEFORE WE HIT BEFORE THERE WAS AN ISSUE BECAUSE I DIDN'T APPROVE OF, YOU KNOW, UH, FOR INSTANCE, SECURITY, YOU KNOW, DIFFERENT, A LOT OF DIFFERENT THINGS THAT WAS GOING ON AT THAT TIME.

UM, I HAD NOTHING TO DO WITH THE, YOU KNOW, I WAS A SILENT PARTNER IN THAT, YOU KNOW, IN THAT VENTURE.

SO, UM, I MET, I MET CARLOS, UM, ABOUT A YEAR AGO.

AND WE ARE BOTH ATHLETES.

UM, I PLAYED BASKETBALL FOR, FOR YEARS FOR THE AIR FORCE.

HE PLAYED FOOTBALL.

UM, WE DECIDED TO JOIN FORCES.

UM, BEING THAT WE BOTH, UH, WE BOTH KNOW A LOT OF ATHLETES, WE DECIDED TO JOIN FORCES AND CREATE WHAT, WHAT WE NOW CALL SNEAKER HEADS BECAUSE OF OUR INFLUENCE AND, AND THE CONNECTIONS THAT WE HAVE.

UM, WE BOTH HAVE A PASSION FOR FOOD.

SO WE, WE DECIDED TO MAKE IT A CARIBBEAN RESTAURANT AND BRING, BRING THAT TO CHANDLER.

ALONG WITH, WITH OUR CONNECTS, UM, WE, WE PLAN ON OFFERING, UH, A HEALTHY LIFESTYLE.

UH, WE PLAN ON SELLING PROTEIN SHAKES, UM, YOU KNOW, A HEALTHY MENU ALONGSIDE OF OUR REGULAR MENU.

UM, AND, YOU KNOW, LIKE I SAID, WE, WE PLAN ON BRINGING A LOT OF, UM, CELEBRITIES, CELEBRITY ATHLETES, UM, TO CHANDLER TO VISIT SNEAKER HEADS.

UM, OUR LIVE ENTERTAINMENT, UH, LIKE YOU PREVIOUSLY STATED, YOU KNOW, IT'LL, IT'LL, WE WOULD LIKE THE OPTION TO HAVE COMEDIANS, BANDS, LOCAL BANDS, UM, UH, COM, UH, COMEDIANS AND, YOU KNOW, AND, AND THINGS OF THAT NATURE.

UM, KARAOKE NIGHT, STUFF LIKE THAT.

UM, THAT'S WHY WE'RE, UH, WE'RE TRYING TO GET THE, THE LIVE ENTERTAINMENT.

SO BASICALLY WE JUST, WE JUST PLAN TO WORK WITH THE, UH, THE NEIGHBORHOOD.

UM, AND WE PLAN ON BRINGING, BRINGING CULTURE TO CHANDLER OR SOME MORE CULTURE.

SO LET ME ASK YOU A COUPLE QUICK QUESTIONS.

SO YOU'RE GONNA RUN THIS ESTABLISHMENT, THE ONE THAT YOU HAD THE BAR LICENSE WITH, THAT YOU PULLED OUT OR WHATEVER? YES, SIR.

THAT'S DIFFERENT THAN THIS, THIS LOCATION.

YOU GUYS ARE RUNNING IT YOURSELVES? YES, SIR.

AND THAT, UM, THAT ESTABLISHMENT IS STILL IN, IN, IT'S STILL WORKING NOW.

THEY'RE STILL OPEN NOW.

SO THAT'S, THEY'RE STILL IN MESA NOW, SO I'M NOT A PART OF THAT ANYMORE.

OKAY.

OKAY.

QUESTIONS FROM THE COMMISSION.

SO HAVE YOU HAD A CHANCE TO WORK WITH THE, MEET WITH THE DAYCARE OWNER AT ALL? SIT DOWN WITH HIM AND TALK ABOUT SOME OF THE CONCERNS, OR, UM, WE'VE TRIED.

I, I, I DID, UH, I DID GIVE HIM A CALL, UM, A COUPLE TIMES.

UM, WE HAVE TRIED TO WORK WITH HIM ON, ON MULTIPLE, WELL, I HAVE TRIED TO WORK WITH HIM ON MULTIPLE OCCASIONS.

IT, IT DOESN'T SEEM LIKE THEY'RE OPEN TO, UM, UH, ANY TYPE OF COMPROMISE.

UM, HOWEVER, WE DID MAKE, YOU KNOW, NECESSARY ADJUSTMENTS, UM, HOPING, YOU KNOW, FOR HIS APPROVAL.

SO, UH, LIKE TAYLOR, UM, LIKE TAYLOR SAID EARLIER, WE DID PUT UP CURTAINS.

'CAUSE THEY SAID, YOU KNOW, THEY WERE CONCERNED THAT KIDS WOULD SEE SOMETHING INSIDE, WHICH, YOU KNOW, I DON'T KNOW WHAT THEY WOULD SEE, BUT WE DID PUT CURTAINS UP.

UM, WE DID TELL OUR STAFF TO COME THROUGH THE BACK INSTEAD OF THE FRONT.

THEY HAD CONCERNS ABOUT THEIR UNIFORM.

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I DON'T UNDERSTAND THAT EITHER, BUT WE DID MAKE THOSE ADJUSTMENTS.

UM, SO PRETTY MUCH EV EVERY CONCERN THAT HE'S HAD, WE'VE TRIED TO MAKE THE NECESSARY ADJUSTMENTS TO, TO PLEASE HIM, BUT I DON'T THINK THEY'RE PLEASED.

.

WELL, YOU HAVE TO UNDERSTAND, I HAVE A BUSINESS THAT'S BEEN THERE FOR 18 YEARS, SO JUST NO DIFFERENT THAN IF YOU WERE THERE FOR 18 YEARS, YOU'D WANNA PROTECT YOUR, YOUR BUSINESS AND THERE'S KIDS INVOLVED AND THINGS LIKE THAT.

SO, YES, SIR.

OKAY.

ANY OTHER QUESTIONS? KYLE, YOU GOT YOUR HAND ON THE BUTTON? YEAH, I, I JUST, YEAH, THE ONLY THING THAT I WOULD SAY IS LIKE, I DID NOTICE THERE WERE SEVEN THINGS THAT THEY DID.

SO I, I DO REALLY APPRECIATE, UM, YOU KNOW, ALL OF THOSE THINGS THAT YOU HAVE DONE.

SO I, I WAS HOPEFUL THAT A RESOLUTION COULD HAVE BEEN HAD, BUT I, I DO THINK THAT IT APPEARS THAT THERE'S A FAIR EFFORT TO ADDRESS SOME OF THOSE CONCERNS.

SO, SO, SO, YEAH.

LET ME ASK YOU A QUESTION ON THE SMOKING.

'CAUSE I, I WENT OUT TO THE SITE TODAY.

MM-HMM.

.

UM, I, DID YOU HAVE THE SHADES UP? THE WINDOWS? BECAUSE I TRIED TO LOOK AT, YOU GUYS WEREN'T OPEN YET, RIGHT? UM, SMOKING IS A CONCERN ON THE, THAT BACK PATIO YOU'VE GOT WITHIN PROBABLY 25 FEET, THE PLAYGROUND FOR THE KIDS.

UM, THERE'S A LOT OF RESTAURANTS HERE IN CHANDLER THAT HAVE BANNED SMOKING TOTALLY ON EVERYWHERE.

MM-HMM.

, UM, 'CAUSE YOU WANNA GO SIT OUT ON THE PATIO.

IT'S BEAUTIFUL NOW THAT FINALLY THE WEATHER DID BREAK AFTER THE SUMMER FROM HELL.

BUT, UM, ARE, WOULD YOU BE WILLING, AS PART OF IT, JUST NOT HAVE SMOKING ON THE PATIO AT ALL? SO YOU DON'T HAVE ANY PROBLEMS WITH, YOU KNOW, OR, OR MAYBE AT AFTER SEVEN O'CLOCK WHEN THEY'RE CLOSED? UH, I WOULDN'T HAVE A PROBLEM WITH AFTER SEVEN.

UM, BUT THEY WERE CONCERNED ABOUT SMOKING NEAR THE TRASH CANS, WHICH OUR EMPLOYEES WERE GOING OVER THERE TO SMOKE, YOU KNOW, ON THEIR BREAKS.

UM, SO WE TOLD OUR EMPLOYEES TO JUST SMOKE ON THE OTHER SIDE OF THE, OF THE BUILDING, EVEN THOUGH, YEAH, WE JUST TOLD OUR, OUR EMPLOYEES TO, TO SMOKE ON THE OTHER SIDE.

SO WHERE THEY'RE, WHERE THEY'RE NOT.

OKAY.

AND YOU CAN UNDERSTAND WITH LITTLE KIDS, THAT'S THE SMOKE.

THEIR STAFF SMOKES AT THE SAME PLACE, SO OH, DO THEY REALLY? OKAY.

ALL RIGHT.

THAT'S INTERESTING.

OKAY.

ALL RIGHT.

ANY OTHER QUESTIONS? YEAH, QUICK QUESTION THROUGH CHAIR.

UM, WHAT'S THE OCCUPANCY OF THE BUILDING CURRENTLY? I BELIEVE IT'S THREE 50.

I'M NOT SURE ON THAT.

OKAY.

I THINK IT'S, I THINK IT'S THREE 50.

DO YOU GUYS EXPECT TO EXCEED THOSE OCCUPANCY LIMITS DURING PEAK HOURS? NO, SIR.

OKAY.

SO NO LINES OR ANYTHING EXPECTED OUTSIDE OF THE BUILDING AT ALL? UH, I MEAN, MAYBE, UM, MAYBE LIKE NIGHTLIFE.

YEAH.

YOU KNOW, NIGHTTIME MAYBE, BUT NOT DURING THE DAY AT ALL.

NO, SIR.

OKAY, GOTCHA.

I ALWAYS SEE THE BUTTONS BEING PUSHED THROUGH .

WHAT CAN, WHAT IS THE PARKING LIKE? AND, UM, IS, ARE THERE DESIGNATED SPOTS FOR THE DAYCARE AS OPPOSED TO FOR THE BAR? I GET CONCERNED WITH, YOU KNOW, WE HAVE A DAYCARE CENTER, AND YES, THE PARENTS SHOULD BE IN CHARGE OF THEIR CHILDREN, BUT I HAVE FOUR CHILDREN.

THEY'RE UNPREDICTABLE.

AND THEN WE HAVE ALCOHOL BEING SERVED RIGHT NEXT DOOR.

HOW ARE WE, HOW ARE WE MITIGATING THAT TO MAKE SURE THAT WE HAVE THE SAFEST ENVIRONMENT POSSIBLE FOR THE KIDS? UH, CURRENTLY WE DON'T HAVE ANY PARKING, UM, DESIGNATED FOR SNEAKER HEADS.

UM, AND THE WAY IT'S, UH, IT'S, UH, THE PARKING LOT IS KIND OF SHAPED LIKE A, A TRIANGLE, UH, WHERE SNEAKER HEADS IS HERE AND IT, IT'S A PRETTY BIG PARKING LOT.

BUT THEY DO HAVE THEIR OWN, UM, THEY DO HAVE SIGNS UP FOR THEIR PARKING, SO THEY HAVE DEDICATED PARKING SPOTS.

THEY HAVE SOME DEDICATED SPOTS.

OKAY, PERFECT.

I DO.

OKAY.

OKAY.

ANY OTHER COMMENTS? ALL RIGHT.

THANK YOU, SIR.

THANK YOU.

I DO APPRECIATE IT.

IS THERE ANYBODY HERE FROM THE, FROM THE DAYCARE, THOUGHT THE OWNER WAS GONNA BE HERE TONIGHT? OH, IF YOU WANNA COME UP AND STATE YOUR NAME AND ADDRESS FOR THE RECORD, THAT'D BE GREAT.

MY NAME IS HOBERT MAG.

I AM THE OWNER OF THE DAYCARE.

THE ADDRESS IS 3 0 0 2 NORTH ARIZONA AVENUE IN CHANDLER HERE.

AND, UM, SO OUR, A LOT OF OUR COMPLAINTS WERE PUT INTO THE, UH, PROTEST REGARDING, UH, SNEAKER HEADS.

UM, WE'VE BEEN THERE 18 YEARS, OF COURSE, AND OVER THE COURSE OF 18 YEARS, WE'VE NEVER HAD A COMPLAINT ABOUT RESTAURANTS BEING PUT THERE, ANY ISSUES WITH THE RESTAURANT.

UM, THIS, THIS CONCEPT IS A LITTLE BIT DIFFERENT AND IT DOES BRING ABOUT SOME CONCERNS.

AND SO ALL THOSE ARE CONCERNS WE DID, UH, PUT ON PAPER AND ADDRESS THOSE THINGS.

UM, I AM, UM, IT'S DIFFERENT FOR US.

IT'S VERY DIFFERENT WHEN YOU'VE GOTTEN LIQUOR BEING SERVED AROUND KIDS AND THEN NOW YOU'RE TALKING A BAR SLASH NIGHTCLUB.

UM, WE, WE ALL KNOW WHAT COMES ALONG WITH BARS AND NIGHTCLUBS AND NIGHTLIFE.

UM, AND SO THOSE ARE, THOSE ARE VERY VALID CONCERNS OF OURS THAT, YOU KNOW, WE DO HAVE INFANTS ALL THE WAY TO 12 YEARS OF AGE THAT WE SEE AFTER WE'VE DONE.

UM, WE HAVE DIFFERENT TYPES OF EVENTS THAT WE DO

[00:20:01]

UM, WE GOT A, A PRETTY GOOD SIZE STAFF THERE THAT'S BEEN THERE, SOME THAT'S BEEN THERE 15 YEARS, SOME THAT'S BEEN THERE, TEN NINE.

SO, UM, SO ALL OF THEM, THE GIRLS ALSO HAD SOME CONCERNS WHETHER THEY WAS GONNA EVEN HAVE THEIR JOBS BECAUSE WE HAD PARENTS CONCERNS THAT, HEY, POSSIBLY MAYBE TAKING THEIR KIDS OUT.

AND SO WE'RE STILL LOOKING AT THAT RIGHT NOW.

UH, SO SOME OF THE PARENTS WERE WANTING TO KNOW THE OUTCOME THINGS AND THINGS OF THAT NATURE.

THERE WAS SOME ADVERTISING THERE.

IT WAS VERY, VERY CONCERNING EARLY ON IN THE PROCESS OF, OF, UH, THEM HAVING THEIR SOFT OPENING.

HAD A LOT OF, UM, I GUESS I WOULD SAY, UH, I MEAN IT GOES ALONG WITH THE, THE TERRITORY AS FAR AS HAVING A BAR AND, AND, UH, THAT TYPE OF, UH, BUSINESS.

AND I CAN UNDERSTAND THAT TYPE OF BUSINESS.

I'M NOT, THAT BUSINESS IS ITS BUSINESS AND I THINK IT'S JUST NEAR A DAYCARE.

IT'S CONCERNING.

THAT'S OUR CONCERN, HOW IT AFFECTS US.

'CAUSE THERE'S SOME CONFLICT OF INTEREST THERE.

AND, UM, THAT'S BEEN SHARED, UH, AMONGST, UH, THOSE OWNERS AND MYSELF.

UM, SO IT'S VERY HARD FOR US RIGHT NOW AS FAR AS TRYING TO ADJUST TO WHAT'S COMING THERE AND WHAT, WHAT COULD BE THE CONSEQUENCES DOWN THE ROAD OF KIDS ENCOUNTERING THINGS AS THEY COME AND GO.

WE'RE ALL MOTHERS AND FATHERS, SO WE'RE CONCERNED FOR OUR KIDS.

WE DO SEE PARENTS ALSO.

YOU WANNA PUT YOUR KID IN THE BEST POSSIBLE POSITION THAT YOU CAN.

AND SO, AND THAT SOMETIMES IS, YOU KNOW, HAVING THESE SINGLE MOMS AND STUFF THAT WE HELP COME ALONG AND THEY, THEY LOOK AT, WELL, WHERE DO I PUT MY KID AT? AND I WANNA PUT MY KID IN THE BEST SITUATION POSSIBLE.

AND SOME CONCERNS ARE THEIRS.

THERE'S, YOU KNOW, BARS AND NIGHTCLUBS AND THINGS OF THAT NATURE.

UM, UNFORTUNATELY THAT, UM, THE STATE LIQUOR LICENSE, I, I FELT LIKE IT DIDN'T REALLY, WASN'T REALLY CLEAR AS TO WHAT THEY MEANT BY SCHOOL.

UM, THERE, THERE'S SOME LINGO IN IT JUST SAID SCHOOL, IT DIDN'T SAY, UH, THAT IT COULDN'T BE A PRESCHOOL.

WE, OUR PRESCHOOL, WE DO HAVE K THROUGH SIX THERE, THAT WE HAVE THAT PROGRAM.

IT IS A PROGRAM.

THEY DIDN'T SPECIFY WHAT TYPE OF PROGRAM.

UM, JUST SAID A PROGRAM FOR KINDERGARTENS THROUGH 12.

WELL, WE HAVE A PROGRAM.

I, I WASN'T CERTAIN WHAT TYPE OF PROGRAM, SO IT DIDN'T REALLY STIPULATE IN THERE, HEY, YOU KNOW, IT HAS TO BE ELEMENTARY SETTING OR THIS, THAT AND THE OTHER.

AT LEAST I DIDN'T READ THAT.

UM, SO THOSE WERE CONCERNS OF OURS.

IT'S LIKE, YOU KNOW, WHETHER, WHETHER SOMETHING LIKE THAT COULD BE, UM, RIGHT NEXT TO A CHILDCARE CENTER, UH, SLASH PRESCHOOL.

SO WE'VE HAD THOSE CONCERNS THERE AS WELL.

AND THEN, UH, I'M HOPING THAT THE NOISE AND, AND WE DID TALK TO THE NEIGHBOR.

IT, IT SAID THAT THEY WERE GONNA KEEP THE NOISE DOWN.

I DO KNOW NIGHTCLUBS AND, UH, BARS AND THINGS CAN GET LOUD AND SOMETIMES ROWDY AND THINGS COULD HAPPEN.

OUR CONCERN WAS, IS THAT EVEN THOUGH IT'S A NIGHT, A NIGHTCLUB, THAT KIDS, UM, IN THE MORNING, THEY'RE BRINGING THEIR, THEIR PARENTS ARE BRINGING THEIR KIDS TO SCHOOL AND THEN AS THEY'RE BRINGING THEM TO SCHOOL AND THEN ALSO PICKING THEM UP, THEY COULD ENCOUNTER THINGS.

AND SO SOME OF THOSE THINGS COULD BE DRUGS.

UM, AND THEN HOPEFULLY DURING THE, ON THE FRONT CORRIDOR THERE, THERE'S A SECTION WHERE WE HAVE TO WALK, THE PARENTS HAVE TO WALK THROUGH THE OTHER SIDE TO PICK UP WHAT WE CALL A SCHOOL AGE.

SO THOSE ARE KIDS THAT ARE K THROUGH SIX AND HAVE TO PICK THEM UP.

AND THEN SOMETIMES THEY'RE CARRYING THEIR INFANTS.

SO SOMETIMES ONE OF THE THINGS WE WERE, ARE CONCERNED ABOUT IS ENCOUNTERING SMOKE WHILE THEY'RE WALKING THROUGH THERE.

YOU KNOW, 'CAUSE THOSE ARE LITTLE KIDS, LITTLE BABIES.

WE WANNA WATCH OUT FOR 'EM, WANNA MAKE SURE THEY'RE SAFE.

AND WE'VE DONE IS, UH, THAT THROUGH THE COURSE OF THE YEARS, EVEN THOUGH THE RESTAURANT WAS THERE BEFORE THEY, WE HAD SIGN, THERE WERE SIGNS UP THAT, UH, STOPPED SMOKING OUT FRONT.

SO I'M HOPING THAT THAT CAN BE, YOU KNOW, IF AT ALL POSSIBLE.

I GUESS THE LAST RESULT IS TO, THAT WE HAVE SOME STIPULATIONS IN PLACE THAT WILL SAFEGUARD THE FAMILIES AND THE KIDS.

SO THAT'S KIND OF WHAT I'M LOOKING AT.

WITH THAT BEING SAID, UM, IN CONSIDERATION THAT, YOU KNOW, AGAIN, WE DO HAVE LOTS OF PARENTS AND, UH, A LOT OF SINGLE MOMS COMING THROUGH THERE THAT, YOU KNOW, THIS PROGRAM HAS BENEFITED, UH, THOSE

[00:25:01]

AND, UM, SO THAT'S KIND OF WHERE WE ARE IN, IN SOME OF OUR CONCERNS.

UM, 'CAUSE THERE ARE ALL KIND OF DRUGS AND WE JUST KNOW THAT THERE'S SOME PRETTY POTENT DRUGS.

AND WHEN THOSE KIDS PICK UP SOMETHING, IT'S GONNA DEVASTATE EVERYBODY.

SO, AND, AND I DO KNOW HATS OFF, WELL, NOT HATS OFF, BUT, BUT I'M NOT TRYING TO PUT THEM OUT OF BUSINESS.

I'M JUST CONCERNED THAT BEING SIDE OF OUR BUSINESS, OUR CONCERNS AND WHAT WE CAN DO, UH, TO MAKE SURE WE SAFEGUARD THE KIDS.

AND 'CAUSE OUR PLAYGROUND IS PRETTY CLOSE TO THAT PATIO IN THE BACK TOO AS WELL.

UH, WE HAVE SOME CONCERNS THERE WITH SMOKING AND WHATNOT.

SO, UM, AND THEN THEY'LL, YOU KNOW, THEFT AND VANDALISM AND STUFF LIKE THAT.

EXCUSE ME, THAT CAN HAPPEN TOO.

SO THOSE ARE OUR CONCERNS.

UH, WE'RE JUST HOPING FOR THE BEST.

OKAY.

YOU KNOW, QUESTIONS OF THE GENTLEMEN.

OKAY.

UH, THANKS FOR THAT, HOLBERT.

I APPRECIATE YOU COMING UP HERE.

UH, ARE YOU AWARE OF, UM, THE STIPULATIONS THAT WERE, THAT WERE ON THE CASE? I THINK, YOU KNOW, SOME OF THESE MIGHT EASE SOME OF YOUR CONCERNS.

I THINK ONE OF 'EM THAT I WOULD SAY IS, UM, LIKE THESE USE PERMITS ARE EFFECTIVE ONE YEAR AND THEY HAVE TO BE RENEWED.

SO I, I THINK THAT, YOU KNOW, THAT'S SOMETHING THAT THE CITY OF CHANDLER I THINK HAS DONE A REALLY GOOD JOB OF MONITORING THESE THINGS.

BUT I JUST WANTED TO ASK TO, IF YOU'VE SEEN THEM, IT MIGHT EASE SOME OF YOUR CONCERNS.

YEAH, I'VE SEEN SOME OF 'EM.

I'M, I'M, AND YOU KNOW, LIKE I SAID, I AM, UM, LOOKING AT 'EM.

I DO APPRECIATE THAT THEY'RE IN THERE.

THAT SOME OF THOSE ARE IN THERE.

THE SAFEGUARDS, UM, I I'M NOT QUITE SURE ABOUT HOW THE NOISE IS GONNA WORK DURING THE DAY AND THE TYPE OF MUSIC THAT'S BEING PLAYED THAT 'CAUSE OUR WALLS ARE RIGHT THERE AND WE CAN, WE CAN HEAR AND THOSE KIDS CAN HEAR AND HOPEFULLY THERE'S APPROPRIATE MUSIC BEING PLAYED THAT WANT TO TOO MUCH HAVE A PROBLEM.

A KID WON'T HAVE A PROBLEM WITH THAT PORTION.

UM, THAT'S A PORTION THAT I KNOW, UM, THAT CAN HAPPEN.

BUT I DO ALL OF THE THINGS IN HERE.

I WAS LOOKING OVER TO THINGS THAT THEY HAD IN HERE.

UM, BUT THAT WAS ONE OF THE THINGS I'M NOT SURE WAS EMPHASIZED IS THE, THE, UH, NOISE IN THE DAYTIME, THE, THE MUSIC IN THE DAYTIME, THAT TYPE OF THING.

SMOKING OUT FRONT.

I UNDERSTAND THE SMOKING ON THE PATIO, HOPING THAT CAN BE CONTROLLED.

I KNOW THAT HOOK'S GONNA BE INVOLVED AND UNDERSTAND IT WAS GOOD THAT THEY WERE GONNA NOT DO THE HOOKAH INSIDE.

THEY WERE GONNA DO THE HOOKAH OUTSIDE.

I'M NOT SURE IF THAT'S IN HERE, BUT THAT'S WHAT I'VE BEEN TOLD, THAT THE HOOKAHS GONNA BE OUTSIDE, NOT INSIDE.

'CAUSE I KNOW THAT CAN TRAVEL THROUGH THE VENTS AND THINGS OF THAT NATURE COME OVER AND PASS THROUGH DIFFERENT SIDES.

UM, HOPEFULLY YOU SMOKING, YOU KNOW, THERE'S DIFFERENT TYPES OF THINGS THAT YOU CAN SMOKE, WON'T TRAVEL OR NOT BE AROUND THE KIDS.

SO THAT WAS A CONCERNED, UM, AS FAR AS THE OUT STAFF.

JUST A QUICK QUESTION.

EVEN WITH THE SERIES SIX, THERE'S NO SMOKING BY STATE STATUTE IN THE, IN THE FACILITY AND WITHIN 25 FEET OF THE FRONT DOOR, CORRECT? THAT'S CORRECT.

FOR THE SMOKE-FREE ARIZONA LAW, UH, THAT IT DOESN'T MATTER WHAT LICENSE THEY HAVE.

CORRECT? IT STILL CARRIES.

OKAY.

SO, AND IT'S WITHIN 25 FEET OF THE FRONT DOOR AS WELL, SO, OKAY, GOTCHA.

YEAH.

CLARIFICATION ON THE ENTERTAINMENT.

IT, SO IT'S LIVE ENTERTAINMENT, IT ONLY STARTS AT 7:00 PM DURING THE BUSINESS WEEK.

SO IT SHOULDN'T BE PLAYING WHILE SCHOOL OR DAYCARE IS HAPPENING.

RIGHT, RIGHT.

OKAY.

MM-HMM, , RIGHT? THAT'S, THAT'S ONE OF THE YEAH, ABSOLUTELY.

AND I'LL HAVE TO ASK STAFF THIS QUESTION.

UM, IT SAYS HOURS, DAYS OF ENTERTAINMENT INDOORS MONDAY THROUGH FRIDAY, SEVEN TO 2:00 AM SATURDAY AND SUNDAY 11 TO TWO.

YOUR BUSINESSES ARE OPEN ON THE WEEKENDS, BUT THEN IT SAYS OUTDOOR PATIO SPEAKERS SUNDAY THROUGH THURSDAY, SEVEN TO NINE, BUT FRIDAY AND SATURDAY 11 TO 11.

SO MY QUESTION TO STAFF, OR MAYBE TAYLOR, YOU CAN ANSWER THIS QUESTION.

WHY WOULD WE HAVE HOURS OF ENTERTAINMENT ON FRIDAY AT 11 O'CLOCK? I'M CONFUSED.

IT SEEMS LIKE IT CONFLICTS.

'CAUSE IF IT'S INDOORS FROM SEVEN TO TWO, WHY WOULD OUTDOORS BE ALLOWED ON FRIDAY BEFORE SEVEN? UH, CHAIR HUMAN.

I BELIEVE THAT WAS JUST A TYPO.

I I THINK IT IS SUPPOSED TO BE, UH, SUNDAY.

UM, I THINK, I THINK THOSE ARE SUPPOSED TO BE MODIFIED TO BE WEEKDAYS ARE 7:00 PM TO 9:00 PM FOR OUTDOOR PATIO SPEAKERS.

OKAY.

AND, UM,

[00:30:01]

OKAY.

'CAUSE THAT'S THE TYPE THAT'S, YEAH.

SO, OKAY.

OKAY.

ANY OTHER QUESTIONS FOR THE GENTLEMAN, SIR? WE'RE TRYING TO MAKE SURE THAT I, I GET IT.

I WENT OUT THERE TODAY, I THINK I TALKED TO YOU ON THE PHONE.

YES.

UM, I THINK IT'S IMPORTANT THAT YOU'VE GOT AN 18 YEAR BUSINESS THAT, UM, A BUSINESS COMES IN NEXT DOOR, THAT IT'S DIFFERENT, THAT THERE ARE SAFEGUARDS FOR YOU AND FOR THE KIDS, WHICH TO ME IS SUPER IMPORTANT.

UM, THE SMOKING'S A BIG CONCERN OF MINE, BUT THERE ARE STATE STATUTES TO THAT.

THE APPLICANT IS WILLING TO DO CERTAIN THINGS LIKE MAKE SURE THE PARKING LOT'S CLEANED EVERY DAY, UH, THINGS LIKE THAT.

AND, AND TO KYLE'S POINT, WE HAVE A ONE YEAR STIPULATION, BUT WE CAN PULL IT BEFORE THAT IF THERE'S A LOT OF COMPLAINTS TWO MONTHS FROM NOW, YOU KNOW, STAFF HAS THE RIGHT TO, TO BRING THE APPLICANT IN AND, AND TRY AND RESOLVE THOSE KINDS OF THINGS, SO.

OKAY.

ALL RIGHT.

ANY OTHER QUESTIONS? THANK YOU, SIR.

THANK YOU.

I APPRECIATE IT.

CAN I BRING UP THE APPLICANT ONE MORE TIME JUST TO CLARIFY A COUPLE THINGS, PLEASE.

SO OTHER THAN THE TYPO ON THE, THE HOURS, UH, WHICH WE CAN FIX, UM, ARE, I KNOW THAT SOME OF THE CONVERSATIONS HAVE BEEN, YOU'RE GONNA HAVE SOMEBODY COME CLEAN EVERY MORNING OR MAKING SURE THAT, AND WORKING YOUR STAFF.

I MEAN, I WANT YOU TO BE SUCCESSFUL.

WE, AND WE ALSO WANNA MAKE SURE WE'RE PROTECTING THE BUSINESS NEXT DOOR.

NO DIFFERENT.

SO ARE YOU OKAY WITH THE STIPULATIONS AND, UM, ON SOME OF THESE THINGS, IS THERE GONNA BE A HOOK IN THE BACK WHERE WITH FUMES AND THINGS LIKE THAT? OR IS THAT SOMETHING YOU'RE NOT GONNA DO? WELL, WE DO PLAN ON HAVING HOOKAH OUTSIDE ON THE OUTSIDE PATIO.

OKAY.

YEAH, IT'S ABOUT MAYBE 40, 50 FEET AWAY FROM HIS ESTABLISHMENT.

WILL THAT BE AT A CERTAIN TIME OF THE DAY OR IS IT AGAIN, MY CONCERN IS, AND I DON'T KNOW, STAFF, DOES THAT FALL UNDER THE SMOKING PROVISION? I KNOW VAPE FALLS IN UNDER THE SMOKE-FREE ARIZONA.

ANYBODY KNOW THAT ANSWER? ? IT HASN'T COME UP BEFORE.

SO THAT'S WHY , UH, WE CAN CHECK INTO THAT.

WE WE'RE NOT SURE IF THAT INCLUDES HOOKAH OR NOT.

OKAY.

I MEAN, I WOULDN'T HAVE THE CONCERN ON THE, TO ME, THE PATIO SHOULD BE SMOKEFREE DURING THE DAY AND, YOU KNOW, HAVE YOUR EMPLOYEES, IF HIS EMPLOYEES, THEY SHOULD BE SMOKING WAY AWAY FROM THE BUILDING.

UM, BUT I THINK THAT WOULD BE ALSO IMPORTANT.

I THINK I WANT YOU TO BE SUCCESSFUL.

I ALSO WANT THEM NOT TO GET HURT BY IT.

UM, SO IF YOU'RE OKAY WITH SOME OF THE STIPULATIONS THAT YOU'VE TALKED ABOUT BEING, BEING CODIFIED, UM, YOU'RE OKAY WITH ALL THOSE? YES, SIR.

OKAY, GOOD.

OKAY.

ANY OTHER QUESTIONS? THANK YOU VERY MUCH.

I APPRECIATE IT.

ALL RIGHT.

UM, ANY ANYBODY ELSE IN THE AUDIENCE WHO'D LIKE TO TALK ON THIS ITEM? IF YOU DO COME ON UP TO THE FRONT, STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.

UH, MY NAME IS, UH, DWAYNE EARNEST, UM, 3 0 0 2 NORTH ARIZONA AVENUE.

I OWNED THE WOODCRAFT STORE IN THE SAME, UM, COMPLEX AS SNEAKERHEADS, AND WE'VE BEEN THERE FOR CLOSE TO 20 YEARS.

I'VE BEEN THE CURRENT OWNER FOR 17 OF THOSE YEARS.

UM, ALTHOUGH I'M SEGREGATED FROM, UM, THE ACTUAL, UM, ESTABLISHMENT SNEAKER HEADS, UM, THERE IS A BUFFER THERE.

UM, MY CONCERN IS NOT SO MUCH THE RESTAURANT OPERATION OR EVEN HAVING DRINKS DURING LUNCH.

I'M NOT CONCERNED ABOUT THAT.

MY CONCERN IS THE AFTER HOURS PORTION OF IT, UM, FROM SEVEN O'CLOCK ONWARD.

FIRST OFF, THERE'S NOTHING AROUND THAT AREA THAT WOULD CONSTITUTE A NEED FOR A LOUNGE OR A NIGHTCLUB ATMOSPHERE, WHICH IS WHAT'S, FROM MY UNDERSTANDING, IS BEING PRESENTED.

UM, AND SO, UH, I'M CONCERNED ABOUT WHAT HAPPENS AFTER PEOPLE HAVE BEEN CONSUMING THAT MUCH ALCOHOL OVER A LENGTH OF TIME, UM, AND VANDALISM AND TRASH, UM, MORE CONCERNED ABOUT THE VANDALISM THAN ANYTHING ELSE THAT COULD OCCUR, UM, TO THE STOREFRONT.

AND I HAVE A RATHER WIDE STOREFRONT.

UM, IT'S COMPLETELY INCONSISTENT WITH WHAT IS ALREADY ESTABLISHED THERE.

YOU KNOW, A HAIR SALON FOR OLDER WOMEN.

UH, THERE'S A DAYCARE, WIC IS IN THAT BUILDING.

THERE'S AN INSURANCE OFFICE, US AND A NAIL CARE PLACE, AND IN TWO CHURCHES AROUND THE SIDE AND A BUDDHIST TEMPLE.

SO I DON'T UNDERSTAND WHY THIS PARTICULAR BUSINESS OR NIGHTCLUB IS IN THAT ENVIRONMENT.

UM, LIKE I SAID, THERE'S NOTHING ELSE AROUND THERE THAT WOULD CONSTITUTE A NIGHTCLUB, AND THAT'S REALLY IN ESSENCE WHAT THIS IS.

SO, UM, I DON'T BEGRUDGE THEM FOR THEIR BUSINESS.

I HOPE THEY'RE

[00:35:01]

AS I START LOOKING DOWN AT THE, DOWN THE ROAD, I SEE MANY, UM, PERILS THAT CAN HAPPEN FROM THAT, ESPECIALLY EVEN THOUGH, UM, HE STATED THAT HE WASN'T INVOLVED IN AN INCIDENT WITH THE OTHER, THE OTHER, UH, VENTURE.

UM, BUT HE WAS STILL A PARTIAL OWNER OF THAT.

UM, SO THAT, THAT RAISES CONCERNS.

WHY DID HE WAIT SO LONG BEFORE AND HAVE INCIDENTS OCCUR? WHY DIDN'T HE STEP IN EARLIER? UM, SO MY, I I JUST, I LOOK AT THE PERILS OR THE POTENTIAL FOR DISASTER, AND I HAVE MAJOR CONCERNS.

LIKE I SAID, I'VE BEEN THERE FOR A LONG TIME, UM, IN MUCH SENSE THAT THE, UH, DAYCARE IS SET UP TO, UH, CATER TO CHILDREN AND PARENTS.

UM, OUR BUSINESS RELIES HEAVILY ON OLDER, UM, OLDER PEOPLE, NOT THE YOUNG CROWD THAT'S GONNA BE GOING TO THIS THING.

UM, IF, IF AN INCIDENT OCCURS, ESPECIALLY A VIOLENT INCIDENT IN THE PARKING LOT AND THAT LEAKS OUT, THAT WILL HAVE A DEVASTATING IMPACT ON US.

WE'LL JUST HAVE PEOPLE NOT COME AND, UM, IT COULD TAKE A WHILE FOR US TO ACTUALLY FEEL THAT IMPACT.

UM, UNLIKE THE DAYCARE WHERE THE PARENTS JUST TAKE THEIR KIDS OUT, YOU KNOW, AND THEY FEEL THAT IMPACT IMMEDIATELY.

OURS COULD BE A MORE GRADUAL PROGRESSION.

UM, I, I WAS READING HERE ALL OF THE, UH, UM, THINGS THAT, THAT THEY'RE, THEY'RE, THAT THEY'RE SAYING THAT THEY'LL DO.

AND IT SAYS THEY'RE HIGH HIGHER SECURITY FOR PLANNED EVENTS.

WHAT IS A PLANNED EVENT? IT'S A NIGHTCLUB.

SO THEY'RE ONLY GONNA HAVE SECURITY ON THOSE NIGHTS THAT THEY'RE HAVING A COMEDIAN OR A, A SUPERSTAR COME IN OR WHATEVER.

UM, THAT'S THE ONLY TIME THEY'RE GONNA HIRE SECURITY TO COME AND STAND THERE.

AND, UH, THE CLEANING, IT DOESN'T SAY ANYTHING ABOUT CLEANING THE PARKING LOT WHERE THE SIDEWALKS OR ANY OF THAT STUFF EVERY DAY.

RIGHT.

UH, THEY HAD THEIR SOFT OPENING.

WE FOUND, YOU KNOW, I FOUND STUFF RIGHT IN FRONT OF OUR BUILDING AND LIKE I SAID, WE'RE SE SEGREGATED.

UM, I WENT OVER TO THE, UH, WHERE THE PATIO IS.

THERE'S, UH, POST OFFICE BOXES THERE, THERE WAS EMPTY, EMPTY CUPS SETTING ON TOP OF THOSE, UM, WHERE THE MAILBOXES ARE.

UM, SO I'M, I'M JUST CONCERNED THAT ALTHOUGH THIS STUFF IS BEING SAID, UM, THAT HOW LONG IS THAT CARRY FORWARD AND HOW IS THAT BLOCKED, YOU KNOW, WITHOUT US COMING HERE, HOW DO I PREVENT THEM FROM IMPACTING OUR BUSINESS? NOW THEY DID COME DOWN AND TALK TO ME AND I TOLD 'EM I REALLY DIDN'T HAVE A CONCERN WITH WHAT THEY WERE DOING.

UM, OF COURSE I DIDN'T KNOW THE EXTENT OF IT AT THAT TIME.

AND, UM, AS LONG AS IT DIDN'T IMPACT ME, BUT THEY HAD, LIKE I SAID, THEY HAD THE SOFT OPENING.

I GO OUT THERE, I FIND TRASH IN FRONT OF MY, IN FRONT OF MY STOREFRONT.

UM, THAT'S A CONCERN.

I'M CONCERNED ABOUT SOMEBODY THROWING A BEER BOTTLE THROUGH MY PLATE GLASS WINDOWS.

UM, SO I, LIKE I SAID, THE RESTAURANT I HAVE NO PROBLEM WITH.

I THINK THAT'S A GREAT IDEA.

EVEN THOUGH NONE OF 'EM BEEN SUCCESSFUL.

THERE'S BEEN FOUR OF 'EM THERE SINCE I'VE, I'VE BEEN AT THE LOCATION, UM, THAT HAVE FAILED.

THEY'RE THE FOURTH.

UM, THE NIGHTCLUB PORTION OF IT IS WHAT I HAVE A PROBLEM WITH.

SIR.

WHAT ARE YOUR HOURS OF OPERATION? WE WERE OPEN, UH, EIGHT 30, UH, IS WHEN I HAD MY FIRST PEOPLE COME IN AT, UH, ABOUT SEVEN 30.

OKAY.

AND, OKAY, THANK YOU.

ANY OTHER QUE QUESTIONS FOR THE, I'M SORRY? ARE YOU OPEN SEVEN DAYS A WEEK? SEVEN DAYS A WEEK, SAME HOURS? UH, SATURDAY WE, UH, OPEN AT THE SAME TIME.

WE CLOSE, UH, AT SIX O'CLOCK ON SUNDAYS.

UM, WE'RE OPEN FROM 10 TO FOUR.

THANK YOU.

HOW FAR AWAY FROM YOU ARE FROM THE APPROXIMATELY? I THINK WE'RE TO WEAR THREE SUITES DOWN.

OKAY.

SO, SO TO THE SOUTH, RIGHT.

SO YOU WERE TO THE OTHER SIDE OF THE DAYCARE? YES, YES.

I WAS OUT THERE THIS MORNING.

I JUST TRYING TO, YEAH, PICTURE IT.

OKAY.

OKAY, COOL.

ANY OTHER QUESTIONS? I DO, CHARLIE, WHAT WERE THE HOURS OF THE RESTAURANT THAT WAS THERE PREVIOUSLY? UM, I BELIEVE THEY CLOSED AT 10 O'CLOCK.

SO NOT A NIGHTCLUB ENVIRONMENT AT ALL.

NOT A NIGHTCLUB ENVIRONMENT AT ALL.

I MEAN, YOU WOULD SEE FAMILIES GOING IN THERE.

UM, ALL THAT, I MEAN, THE ADVERTISING THAT WAS PUT OUT ORIGINALLY, IT WAS RATHER PROVOCATIVE.

UM, SO THEY WERE CERTAINLY GOING FOR A MUCH YOUNGER

[00:40:01]

UM, I JUST DON'T THINK IT'S APPROPRIATE HERE.

THE OTHER RESTAURANTS HAD ALCOHOL THOUGH, TILL 10 O'CLOCK AT NIGHT, CORRECT? THEY DID.

OKAY.

YEAH.

UM, JUST A, LIKE A SMALL, IT MAY HAVE LIKE TWO OR THREE UH, TABLES IN THERE AND THEN, UH, YOU COULD GET DRINKS AT YOUR TABLE OR WHATEVER.

OKAY.

SO, OKAY.

THANK YOU VERY MUCH.

I APPRECIATE IT.

ANYBODY ELSE IN THE AUDIENCE WOULD LIKE TO COMMENT ON THIS ITEM? IF NOT, I'M GONNA CLOSE THE FLOOR.

OKAY.

UM, I'M GONNA START THIS OFF A LITTLE BIT.

I, I THINK THAT THERE'S SOME LEGITIMATE CONCERNS FROM THE NEIGHBORS AND I DO APPRECIATE THAT.

I ALSO, YOU KNOW, APPRECIATE SOMEBODY TRYING TO COME IN AND GET A BUSINESS.

WHETHER THERE'S, YOU KNOW, IF A BUSINESS IS SUCCESSFUL, PEOPLE WILL COME FROM DIFFERENT PLACES.

I AM CONCERNED ABOUT CLEANING UP SOME OF THE LANGUAGE A LITTLE BIT, YOU KNOW, SECURITY, THINGS LIKE THAT.

UM, I THINK A BUSINESS WON'T BE SUCCESSFUL IF YOU HAVE PROBLEMS. PEOPLE WILL STAY AWAY NO MATTER WHAT.

UM, I THINK THOUGH, WHAT WE DON'T WANT TO HAVE THE SITUATION WHERE PEOPLE HURT OTHER BUSINESSES AND THE DAYCARE OR THE WOODWORKING, THINGS LIKE THAT AS WELL.

SO, UM, I THINK I'D LIKE TO TIGHTEN UP THE, THE STIPULATIONS AS MUCH AS WE CAN.

UM, IN TERMS OF MAKING SURE THERE'S SOME ASSURANCES, WHETHER IT'S, I GUESS A GOOD QUESTION IS SECURITY AT EVENTS.

WHAT DOES EVENTS MEAN? I MEAN, I THINK THAT IF YOU'RE ATTRACTING AFTER SEVEN O'CLOCK AT NIGHT, A A DIFFERENT CROWD THAN JUST SAY A NORMAL RESTAURANT, UM, IS THERE A WAY TO MAKE SURE THERE'S SECURITY? MOST, MOST ESTABLISHMENTS HAVE SOME KIND OF SECURITY IF THEY'RE GONNA HAVE ENTERTAINMENT, THINGS LIKE THAT.

UM, SO I DON'T KNOW, STAFF IF, DO YOU HAVE ANY RECOMMENDATIONS IN TERMS OF STIPULATIONS OR TIGHTENING 'EM UP OR A STEP? ANY STEP CAN GET ADDED, IT'S JUST, IS IT ENFORCEABLE? UH, SO I THINK IT IS EITHER CLEANER TO SAY THAT IT HAS TO BE PROVIDED FROM THIS TIME TO THIS TIME OR, UH, ANYTIME THAT ENTERTAINMENT IS PROVIDED IT BASED ON THAT DEFINITION OF ALL THE DIFFERENT USES.

UM, BUT IT IS, IT'S GOING TO BE THE ENFORCEMENT OF THAT, THAT'S GOING TO BE REALLY HARD, UH, BECAUSE WE DON'T HAVE STAFF ON AVAILABLE AT 10:00 PM AT NIGHT WHEN THEY'RE ALLEGEDLY HAVING AN ENTERTAINMENT EVENT TO GO OUT AND VERIFY THAT SECURITY IS PROVIDED.

BUT IF YOU DO HAVING A ONE YEAR TIME STEP AND CAN BE EARLIER THAN THAT, I MEAN THE ONE YEAR WOULD BE THERE.

BUT IF YOU HAD POLICE REPORTS, FOR EXAMPLE, THAT YOU HAD AN INCIDENT OR WHATEVER, THAT WOULD GET BACK, I WOULD THINK THAT WOULD GET BACK TO YOU GUYS.

IN TERMS OF THE USE FROM IT, IF THAT'S THE CASE CHAIR, THAT'S CORRECT.

BUT I DON'T KNOW, EVEN IF WE ASKED THE, THE APPLICANT THEN FOR THE SECURITY CONTRACT TO, TO VERIFY THAT THEY DID OR DIDN'T HAVE A SECURITY, WE WOULD, THE, THE PRESENCE OF SECURITY OR NOT, UM, WOULD, WOULD NOT NEGATE A POLICE REPORT OF AN EVENT.

UM, SO IN, AT THE END OF THE ONE YEAR, IF THERE ARE POLICE EVENTS THAT HAVE BEEN, UH, OCCURRED THERE, UM, IT WOULD, IT WOULD BE REGARDLESS OF IF THERE WAS SECURITY PROVIDED OR NOT.

OKAY.

OKAY.

COMMENTS FROM THE COMMISSION? HUH? I HAVE A CONCERN BECAUSE WHILE THE LIQUOR BOARD DOES NOT CONSIDER IT A SCHOOL, A PRESCHOOL IS A SCHOOL.

SO YES, BY THE LETTER OF THE LAW, IT'S NOT A SCHOOL, IT'S A SCHOOL.

UM, SO THAT'S, THAT'S MY ONLY COMMENT.

I GUESS I DO HAVE ONE ADDITIONAL COMMENT.

I I THINK WE RISK, UM, DISCRIMINATING A SPECIFIC USE AND NOW WE'RE, WE'RE NOW LOOKING AT ANY USE THAT WANTS TO GO THERE, ANY RESTAURANT AND BASICALLY SAYING, WELL, YOU'RE JUST A RESTAURANT, SO YOU'RE OKAY HERE, OR YOU'RE JUST THIS, I, I FEAR THAT WE'RE KIND OF OVERREACHING A LITTLE BIT ON ADDING ALL THESE ADDITIONAL STIPULATIONS RATHER THAN LETTING THE PROCESS AS IT'S WRITTEN HERE WITH 12 STIPULATIONS, THE ADDITIONAL WORK THAT THE APPLICANT HAS PUT IN WITH THE DAYCARE TO TRY TO BE A GOOD NEIGHBOR.

WE HAVE A ONE YEAR TIMEFRAME ON IT.

I DO FEEL LIKE IT WOULD BE WORTH IT TO SEE HOW THIS GOES.