Bill Warner, director of Planning, Conservation and Development, informed Commissioners that they had been provided with incomplete information at the February 24 P&Z meeting as it related to deliberations that ultimately resulted in commissioners granting approval of Public Nightclubs' application for expansion. At that meeting Acting Police Chief McMahon told commissioners among other information, that Public was in full compliance with the State Board of Liquor Controls mandates, and that the club had installed the required cameras and video surveillance signs as a condition of operation.
At the same meeting owner Tyler DeVecchis also led the commission to believe that this work had been done. Mr. Warner stated that in fact the camera installation was not completed and operational until March 5th. Warner also noted that the required Friday and Saturday night private duty police presence, would become a problem for the club to comply with as early as this weekend if the club does not make good on the $6000 owed to officers who have worked at the club to date, as they will refuse to work until the debt is paid.
Chair of the P & Z Mr. Phipps stated that the commission had done the right thing in approving the expansion of Public based on the information they where provided with on Feb 24th. He noted that it would now be the job of the executive branch of city government to make sure that Public remained in compliance with the Board of Liquor Controls requirements for operation.
Mr Warner informed the commission that they could not reverse their decision even though it was based on false information, and said the matter would have to come before the superior court to reverse any decision.
The commission approved empowering staff to work with the city's attorney to further investigate what options were available to the P&Z and or the city, given the claim of false information, and urged staff to bring the matter to closure as allowed for by law.
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