Sneads to place conditions on bar
—Mark Skinner/Floridan
After trying, and failing, to enforce its noise ordinance, Sneads now says it will impose conditions on The Landing Bar and Grille before it renews its business license later this month.
Published: September 13, 2009
Sneads City Council members are taking action to keep their streets quiet on Saturday nights after they were told the state attorney would not.
For months, the city dealt with numerous complaints from residents regarding the noise created by the Landing Bar and Grille on U.S. Highway 90, owned and operated by Jason Millsapp.
During Tuesday’s regular council meeting, the council decided not to renew the bar’s business license, unless some things changed.
Last month, a resident filed a complaint with the Jackson County Sheriff’s Office against the bar for disorderly conduct and disturbing the peace. The council is waiting to see the outcome of the case. The council was told during its regular meeting Tuesday that there would be no outcome, because the state attorney chose not to prosecute.
“I think the police can use the disorderly conduct law. Our state attorney has chosen not to,” city attorney Guy Green said.
Green explained the state attorney based his decision on a Florida appellate court decision, which stated prosecuting noise as disorderly conduct was unconstitutional.
Green also told the council the state attorney would not prosecute any municipal ordinance infractions. The municipality can still charge fines for infractions, and can prosecute offenders. For any such case taken to court, the municipality would have to provide a prosecuting attorney and cover other costs, such as a public defender for the violator.
Many council members wanted to know why the state attorney will not prosecute.
“I want to know why the state attorney will not uphold the laws of this state and this city,” council president Mike Weeks asked.
In light of the state attorney’s decision, the council members discussed other options to deal with the noise created by the bar. The council members said the bar owners have made improvements in controlling the noise during week nights. However, on Saturday nights, the bar usually has live music, and residents and council members say the noise level becomes too loud.
“It was rattling the floors,” said council member Greg Lewis, who said he went by the area one Saturday night. “At 11:55, the band finished and that is when the noise went down.”
Green gave the council a few options. The first option was for a resident to file a private nuisance lawsuit against the bar. The resident would have to cover costs, and Green did not know how successful they would be. Council members were against that option.
“We should fix it. It is not their job to fix it. It should not have to come out of their pocket,” council member Jimmy Wright said.
The second option the city attorney offered was to create an enforceable noise ordinance. The city attempted to create a noise ordinance a few months ago, but it was voided due to problems with the wording and the in ability to evaluate noise levels. To create an enforceable ordinance, the city would mostly likely have to hire a consultant to create the ordinance and train city personnel to enforce it.
“I imagine it would be expensive. But if you’re going to redo a noise ordinance, this is the way to do it. It has to be done right so it can be enforced,” Green said.
However, council members questioned this route, because even if an ordinance was created, the state attorney would not prosecute violators.
“If it is not enforceable, then the ordinances is not worth the paper it is written on,” Wright said.
Another option, Green said, was to wait the bar out.
“Most fledgling businesses don’t last long. This one has already switched hands once,” Green noted.
Council members don’t want to wait. Green suggested another option where they wouldn’t have to — the city could revoke or not renew the bar’s business license.
The Landing Bar and Grille is currently in the process of renewing its license, which expires Sept. 30. The city staff will send the owner a letter, notifying him that if the business does not meet certain conditions, specifically the noise issues, the license will not be renewed.
Without the license, the bar cannot operate and also will lose its liquor license.
“There has got to be strings,” council member Donovan Weeks said.
The particulars of the conditions will be discussed during one of the two special meetings the council will hold this month.
The city also plans to make sure it doesn’t face this problem again. When the city’s comprehensive plan is revised, the city plans to look at reworking its zoning so that bars must be certain distance away from schools, churches, etc.
“I would rather a bar had to sue to come into town then go through this again,” Lewis said.
Reader Reactions
Jesusboy, you are right on in your theology, of course I don’t have to tell you that. Just remember you are Christ’s ambassador, especially with a screen name like yours. Sometimes it is not what we say it is how we say it. We all suffer the sin of being prideful, so if you insult a mans pride he may close his ears to a spiritual truth you may have helped him to discover. I just hated to see someone’s message who is obviously on fire for the Lord, diluted by poor delivery. Please don’t take this as an insult, in fact it is impressive to hear such an intelligent discussion of the scripture, just remember, it is all in the delivery.
No foolin.
I usually enjoy having an intellectual discussion on the interpretation of scriptures from times when the recording of events and stories was accomplished by pressing pointed sticks in clay to the modern day evangelist.
I usually come out ahead in the discussion and interpretation challenges.
Not always, but that just makes me learn more and I won’t lose again.
i apreshiate da help scared toenail, how u scared dat thang anyway.? dat lil boy goan be hot hot hot if he aint carfull i only wonted 2 tell all u good peeple 2 vote an if you need help jus call 1(800)MY-ACORN
Jesusboy, wow! Please tell me you are not serious.
Of course I know where that message is. I also know where the others are. It matters not.
There are many, many interpretations of the scriptures so it depends on which you are reading.
I am working on the original Greek translation of the Hebrew text at the moment since it has many books not in the modern interpretations.
In my spare time, I translate French poetry into Russian.
JB, Actually you do need to know where it is so that you can be sure you are correct in your own interpretations. How about this one, doesn’t the Bible say that there are no private interpretations of scripture? If that is the case I think this small indeed, big hearted, somewhat mislead, forgivably ignorant democrat 4 ever is right. And he/she/it was tight anyway because you are confusing being angry with your brother and calling someone a fool….you should not be angry with your brother without cause, but if you have cause there is a righteous anger. There is never a good time to call someone a fool, less your looking to be the main course at an eternal barbque. D4E can u transcribe this for me?
I don’t need to know where it is.
Your reference (as most all scriptures) are up for interpretation.
The interpretation that I accept is not the same as yours, therefore, your interpretation is automatically wrong.
Why don’t you find the many places where Jesus referred to groups and individuals as fools (those would be in the red letters) and interpret them will your illogic.
WOW jr boy u reely is stoopider then me i mae not b a smart man jr butt i no whut a dummy u is…..........
Matthew 5:22 (New International Version)
22 But I tell you that anyone who is angry with his brother[a]will be subject to judgment. Again, anyone who says to his brother, ‘Raca,‘ is answerable to the Sanhedrin. But anyone who says, ‘You fool!‘ will be in danger of the fire of #ell.
thank whut u want jr-BOY butt i take this 2 mean dont
The Bible doesn’t way not to call someone a fool.
Where did you get that erroneous notion?
The Bible says not to call someone a fool out of unjustified anger.
That means without a cause. If you have a cause, then there is no foul.
There are plenty of folks in the Bible that are referred to as fools and in many places.
For starters, check Psalms, Matthew, Luke, Romans, Corinthians, Galatians, etc.
Uh-oh! Even Jesus referred to some people as a fool.
Do you need some help with your scriptures?
Da Bible say dont call peeple a fool Jerry. u shuld be shammed little freind. u rite i wuz in jail. an i wuz rite an i aint win so put dat in ya pocket an hang on to it. now u talk big on hepin otherz but is u is or is u aint gone help lil Le-roy? I bet not. aint nobody wanna help me. oh yea i jus got my d-gree in kardiak rasusatashun reform from da u.k. 2
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