Approval of application for Waiver of Distance submitted by Bunwin, Inc. (owner) and Robert Smith (applicant), operating as Celebrity Peacock Jazz and Blues Club, for a 4COP Alcoholic Beverage License, located at 510 Orange Avenue. Property is zoned C-3, General Commercial. 

· The applicant, since the initial review of the project by the City Commission at their March 2nd, 2015 meeting, has revised the requested alcohol license to a SRX: Special Restaurant License allowing Beer, Wine & Liquor sales for on premise consumption only. The amendment was coupled with the proposed consolidation of renovations to eliminate the previous phasing plan, affirmation of the intended hours of operation (Remaining closed on Sunday) .

· Pursuant to City Code Section 3-7 of the City Code, a Waiver of Distance must be granted to approve the sale of alcoholic beverages by retail for consumption on the premises where the establishment is located within 1,600 feet of other licensed establishments, a church, or a school.

· Six (6) churches and eight (8) licensed establishments are located within 1,600 feet of the proposed establishment.

· The proposed establishment, as presented, encompasses approximately 24,000 square feet of floor area presented as a restaurant and entertainment venue. The first floor presents seating, bar area, dance floor, stage, DJ Booth, restrooms, staircases, and elevator access to the second floor. The second floor plan includes a commercial kitchen, additional dining area, an enclosed dance floor extension to the north, restrooms and support office.

· The application estimates the capacity to hold approximately 500 patrons with the proposed renovations.

· The off-street parking requirements for this establishment are approximately 230 spaces (seven (7) of which will need to be handicapped accessible), whereas the subject site currently contains fifteen (15) parking spaces with an absence of handicapped accessible spaces. The presented parking plan, to utilize off-site public parking, does not meet the requirements of the City Code.

· The Planning Board, at their November 11th, 2014 meeting, voted nine to one to recommend conditional approval of the requested Waiver of Distance in accordance with the proposed site improvements and parking plan.

· A total of 32 notifications of the proposed Waiver of Distance were mailed to the owners of property located within 500 feet of the subject property. As of April 9th, 2015, 12 responses have been received of which 9 respondents supported and 3 opposed the request.

Denial

Approval with conditions

• Approval

Kori Benton, Historic Preservation Officer

None.