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HomeMy WebLinkAboutMinutes - City Council - 10/10/1995CITY COUNCIL October 10, 1995 The South Burlington City Council held a special meeting on Tuesday, October 10, 1995 at 7:00 P.M. in the second floor conference room, City Hall, Dorset Street. Members Present: William Cimonetti, Chair; Michael Flaherty, David MacLaughlin, James Condos, Robert Chittenden Also Present: Charles Hafter, City Manager; Steve Stitzel, City Attorney; Shawn Cliche, SBC Enterprise, Inc., Karen Shingler, Susan Right 1. Mr. Cimonetti explained the purpose of tonight's meeting is to hear Mr. Cliche's comments on the proposed conditions for the entertainment permit for Club Fantasy. Following this meeting, the Council would enter executive session for deliberations. Ms. Karen Shingler introduced herself as Mr. Cliche's attorney for the meeting. She commented that the permit for the large part meets within their approval. However, Section II(3) which requires dancing only on the permanent stage and no patron closer than 4 feet from the edge of the stage is a problem for them. Ms. Shingler understands the City's concerns with physical contact between patrons and dancers. Mr. Cliche shares that concern, but condition II(2) already prevents that occurance. During the 60 days the club was open there were no incidents of contact. Ms. Shingler was concerned about why the four foot separation was chosen. Mr. Cliche stated he would lose 25% of his seating if the condition was imposed. Also, tipping is a major economic factor, this condition was a complete prohibition on tipping. Ms. Shingler stated that the applicant wanted the Council to delete II(3). In return, Club Fantasy would increase the frequency of no touching announcements to every ½ hour and withdraw their appeal of Judge Bryan's recent decision. They would agree to the prohibition on lap dancing. Mr. Cimonetti stated the city would not adjust conditions on a license in order to drop an appeal in courts. SBC Enterprises, Inc. has a right to pursue any legal avenue they choose. Also, nothing in the draft conditions is a prohibition against tipping. Bill asked if the applicant had a proposal for a fair distance separation? The Council had only been informed for the first time at the last meeting about the possibility of mini-stages. Nothing was mentioned about portable stages at the Zoning Board or Planning Commission. The applicant presented a proposal for a 1 foot separation between mini-stage and patrons. Shawn Cliche stated that the police can monitor violations. He does not permit contact in his club. The club in Barre has lap dancing and is a dive, his club is high quality. Shawn Cliche asked for a three month trial period. He has a classy joint not a sleezy joint like the whorehouse in Barre. Jim Condos discussed the number of seats in the club and asked how the four foot separation prevented the dancers from expressing themselves artistically. Shawn Cliche stated it hurts the dancers in terms of financial benefit if the personal one-on-one communication cannot be made. Because the dancers are not allowed to be nude it is hard to find good dancers. Dancers make between $200-600 per night. Jim Condos asked if the club could operate under the existing permit. Mr. Cliche replied he couldn't afford to operate the club without dancers. This is what the customers expect. Mr. Chittenden stated that he agreed with Mr. Cliche's position. He has no problem with a one-foot amendment to the conditions. Mr. MacLaughlin appreciated Shawn's willingness to work with the Council but wondered how one foot helped rather than four? Mr. Cliche felt one foot allowed one-on-one communications. Bill Cimonetti asked how many mini-stages there are at any one time. Mr. Cliche stated that during the week there are six and ten during the weekend. The stages are not put in the fire "runway". He could not state a designated area for the stages. They are moved to meet customers requests. Steve Stitzel shared the record of the Councils information with the Council and applicant. He stated that while lawyer/client information is not required to be public, the information shows several court cases that discuss issues of this type and how communities dealt with it. Bill Cimonetti asked if anyone had anything else to add. Mike Flaherty moved the Council enter executive session to deliberate on the license, Jim Condos seconded. The motion passed unanimously. The meeting adjourned from executive session at 9:35 P.M. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.