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Home My WebLink About06 City Council 00...DWEL 40 !O iii: ,..1, .r..-t 141 . IPP401111P ' - ; 'A 4 "S. �Jfii ® The Treasure of the Valley �►r. CHI.I)u ELL MAYOR Garret Noncd1a5 �, March 20,2012 it •c y CLEf�K 4 Debbie.Geyer" c COI!; iC M•Mi cr�s Omar Esparza Dennis Ccilsen 2452 W.Pier Pointe Ct. 4 Shannon Ozuno r Nampa, ID 83651 David Clark `-', RE: El Cid Bar and Night Club,Caldwell Jim Da on � , 1.1";;6;06,0:§! . k Jim Biac4Pr„ r Dear Mr.Esparza: ,,,,,:,t,':-...--.:.,JF1 Y -+tl � k%' h, k 4 i'ySY N,g 3',.rx $n �� 1 .�,Y, .�� On August 9, 2011, you received approval for a special use permit, which permitted you, subject .;, f �% p • to certain conditions,to operate a night club/bar at your present location in Caldwell addressed as p^4 '. 301 S. 34th Avenue. State law permits the imposition of such conditions on the granting of a tiliSi s i,` efi Qti1 �PAI3�MEN.;; special use permit to, among other things,"minimize[e] adverse impact on other development." eve opmen . 8 "a a old el 1.7,%;,::!:W.,-;: Caldwell City Code provides for the revocation of a special use permit under certain `� rya circumstances. Section 10-03-04(8) states: I:,101 --Afi "Special use permits may be revoked at any time, other than annual inspections, € ii 4 by the planning and zoning director if it is determined that any condition of the . ng �� ; j approved special use permit or any other city laws, ordinances, or statutes are a $ being violated." 1 ,, just over two months ago, the Caldwell ,� Since your operation opened on December 31, 2011, j `e ' Police Department has received a large number of complaints related to activity occurring at your r t :"4,7 '`" i business, and has had to respond to the premises on numerous occasions. It is my understanding that at least the following have occurred during the first two months of operation: 5 noise complaints 5 alarm calls 1 vandalism 2 batteries 1 fight 2 EMS responses In addition to the forgoing, a complaint has been received that the bar has been serving alcohol to underage individuals, and that numerous beer cans and alcohol bottles have been observed in the parking lot, indicating consumption of alcohol is taking place outside of the establishment. Both of these occurrences are considered serious violations of the laws of the City of Caldwell and the State of Idaho governing alcohol and liquor permits, and, if found to be occurring, could result in criminal penalties and in the loss of one or more of your permits. (40 ER[V0 ESERk Hla1 GE 1006E -., ci.. ++. AMERICA ® TREE CITY tEl City Hall • 411 Blaine St. • P.O. Box 1179 • Caldwell, Idaho 83606 • (208) 455 3000 • FAX: (208) 455-3003 • www.cityofcaldwell.com City Code Section 06-01-19 states: "No business, licensed or not, shall be so conducted or operated as to amount to a nuisance as defined by this City Code or the Idaho Code." The term "nuisance" is defined by statute: Anything which is injurious to health or morals, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance and the subject of an action. Idaho Code § 52-111. The quantity and seriousness of complaints and occurrences associated with your property in the short time it has been operated as a night club/bar suggest that you may be operating the establishment in such a manner as to constitute a nuisance. Operation of your facility in a manner constituting a nuisance violates Section 06-01-19 of the City Code, which violation provides grounds for revocation of your special use permit under Section 10-03-04(8). Furthermore, the crimes which were allegedly committed on the premises (i.e., battery, vandalism, fighting, provision of alcohol to minors, permitting the consumption of alcohol outside the premises) may constitute additional violations of"city laws, ordinances, or statutes," providing further grounds for revocation of said permit. Please consider this letter a warning that, should such conditions and activities continue, the Planning and Zoning Director of the City of Caldwell may conclude that your property has been operated in such a manner as to constitute violations of city and state code and a public nuisance, and, on that basis, revoke your special use permit. Your business is only permitted with a valid special use permit. Should that permit be revoked, you would be unable to continue operation of your business at that location. The City is hopeful that you will be able to take whatever steps may be necessary to prevent the revocation of your special use permit. If you have any questions concerning the foregoing, please do not hesitate to call. Sincerely, Brian Billingsley Planning and Zoning Director Cc: Case File Garret Nancolas, Mayor Chris Allgood,Chief of Police Devin Riley, City of Caldwell Police Debbie Geyer, City Clerk Mark Wendelsdorf, Fire Chief Mark Hilty/Aaron Seable,City Attorney Idaho Athletic Club,950 E. Riverside Dr., Eagle, ID 83616 �. �O�GpLDWLt,O 40 — ~ il A . / ,.. / . , _, .eted b 10, pf ti•ii-,i',1,'.: 'w ' = The Treasure of the Valley �ih, � — — To O January 25, 2012 CALDWELL MAYOR Garret Nancolas CITY CLERK Omar Esparza Debbie Geyer 2452 W. Pier Pointe Ct. Nampa, ID 83651 COUNCIL MEMBERS Dennis Coilsen Shannon Ozuna RE: "Men of Hollywood" Special Event David Clark Jim Dakan Dear Mr. Esparza: Rob Hopper Jim Blacker On August 9, 2011 you received approval for a special use permit to operate a night club/bar at your present location in Caldwell addressed as 301 S. 34th Avenue. Please note that your approval was NOT for a night club/bar with live entertainment. A night club/bar with live entertainment is a completely different category on the land use chart and requires its own special use permit approval. Live entertainment includes exotic dancers, strippers and PLANNING & everything similar thereto. ZONING DEPARTMENT 621 Cleveland Blvd. It was brought to my attention that El Cid, at the above-stated address, recently hosted an Caldwell, ID 83605 event that the City deems as "live entertainment". In this particular instance, I am classifying this one isolated show as a special event, whereby it was allowed without any DIRECTOR repercussions. However, for the future, please know that any type of exotic dancers, Brian Billingsley, strippers, or similar are considered live entertainment and you are prohibited from having AICP any events featuring those types of entertainment. Should you wish to feature such forms of entertainment on any further and/or on a regular basis, please apply for special use permit PHONE approval for live entertainment. (208) 455-3021 Again, you are not allowed to have any form of exotic dancers, strippers, etc. with your current approval. You are jeopardizing your present special use permit approval by hosting FAX prohibited events. (208) 455-3050 incerely, WJY .An a Mare Skin -r Senior Planner/Development earn Leader �� ' Cc: Idaho Athletic Club . j 950 E. Riverside Dr. 1' Eagle, ID 83616 Case File E (4) 100B e�� RAF HEr. '" "Lau lir•C ir-A'loso.r ar° b+. AMERICA ■ TREE CITY 119 - ,s-..r..,,,-.., City Hall • 411 Blaine St. • P.O. Box 1179 • Caldwell, Idaho 83606 • (208) 455 3000 • FAX: (208) 455-3003 • www.cityofcaldwell.com