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
Dear Strange Little Person named Democrat4ever.
First my foolish little friend, I am not Jerry Tramell. But, you can call me that it certainly doesn’t bother me. All Charges Dismissed, Mr.Tramells school does exist! He Won. It is easy to win when you are right.Check Aug.19, 2009 Clerk Records. No Court at all. Where have you been in Jail.
Second- Little Person, you only make others laugh at you. This is a serious issue and foolish people like you are probably the reason this man is having trouble with his business.
Mr.Tramell is traveling helping others with similar problems. He will stand up to the “good ole boys” and win. At least he will fight for others. When he hears of this problem I am sure he will be glad to assist. He does have powerful friends and can take on the Sneads Town Council.
In the case of Sneads city council vs. The Landing I find the members of said council guilty of the abuse of governmental powers to try to disestablish a hard working family businessman simply because they can and wish to make some show of power in our community. Its time to get council members who care about citizens!City of Sneads needs to be sued…if you need help Jason get that petition ready I will be glad to come by and sign it…I will even take it to the State Attorneys Office for you sound Like if they close you down…that could be a civil lawsuit…..
hay jerry trammule good 2 see u culd poste agein. i like it wen u poste cuz it make me laff. how the continuashun comin fo ya? not gilty or gilty dat is da qwestshun fo da judges an juries. wat bout dat job in cottondale any werd yet? uso lidpie ceofh umanwa ste.
It is sad that this can happen in America.
You are so correct. Council Member Lewis has his business in a residential area. Why?? It is not zoned for business.
Sneads CouncilMen get use to growth. This is the kind of growth YOU wanted! No one in Sneads will stand up to the “good ole boy” Town CouncilMEN.
Be real. You can not make rules for one business without it effecting all business’s.
If the zoning is in effect-if the business holds a business license-The Town Manager can only TRY to intimidate you. Stand your ground and you will win. Get on the lawsuit boat against the Town.
And this is what we call the Land of the free, People come on stop complaining ,put your windows down at night and stop trying to find problems with the bar and it’s loud noise, I don’t hear anyone complaining on Sundays when the churches are rocking, are we going to shut them down too?, I doubt that, If I complain about my light bill will you please shut the electric company down , maybe hire Gulf Power….the city is getting ripped by West Florida Electric but no complaints…. There’s only a couple of folks complaining why don’t we move them out of town wouldn’t that be easier ? I’m currently a voter in Sneads, maybe if the voters start getting some of these council men out of their seats and voting new and decent ones in, this place would change for the better. It seems to me that a few bad apples are trying to spoil the bunch, I mean for crying out loud, the bar is only open on the weekends, Myself and my family live by it also and we have NEVER had a problem with noise or people frequenting the establishment getting rowdy or things of that sort. It’s funny,because we can hear the ball games from Adam Tucker Wilson Park, and the high school football games late on a Friday night, yet you never hear from the residents (whom might I add some of which live RIGHT beside the football field, ).It’s also funny how I was asked to sign a petition from one of the MAIN persons whom was complaining ,when that individual’s spouse takes his golf cart on a “daily” ride to the liquor store,(often times while intoxicated) right past our home where our children and others are playing & riding bicycles. (Hello pot..I’m kettle).You cannot expect things to stay the same forever, change is imminent, these “small towns” won’t continue to remain so, one day someone will flash the right dollar amount and someone will give in and building and expansion will commence. That is the main problem around here,no one is open to change, it scares people. This whole fiasco is turning into a goat rodeo. I could see if “The Landing”was some “hole in the wall” dive joint, that draws in mass amounts of drug abusers and gun-toting thugs, it’s just a place that ONLY sells BEER, and people go to unwind with their friends and dance,(an outlet so to speak)...not everyone wants to drive to Panama City, Tallahassee, or Dothan to hang out with their friends every weekend.
If the town of Sneads is going to attatch “Strings” to the renewal of this establishments business license, they better attatch the same requirements to all businesses in the town of Sneads…
And that us all I have to say about that…
I cannot believe that the council is allowing 2 people’s complaints, to influence the fate of this business. And the complaints are not even legit. There is no way the “noise” is keeping these people up. Ridiculous! One of them lives a block away.
I think the people who are complaining need to get over it already. Most of them probably turn off their televisions, open their windows and sit really still so they can hear the music and say it is a nuisance. People live by the football field which is way louder and don’t try to get it shut down. Same for the railroad tracks. The only reason these people are complaining is because it is a bar. I don’t go there on any sort of regular basis, but I know many people who do. They do it to have a place to go to spend time with friends and have fun. Move out of town if you don’t want to hear the noise of it. And Jason Milsapp has only one L, not two. That is driving me nuts.
All that I have to say, is that this is the most ignorant thing that the Town of Sneads could possibly do! Trying to close down a bar, that actually is bringing in tax money for the town! As from knowing the owner personally, this was his lively hood, his means to support his wife and 2 little boys. How can people live with themselves knowing that they screwed it all up for him and his family? And for the “Complainers”, and you know exactly who you are, are the biggest LIARS ever! Yes, maybe for the one who lives closest to the bar, they might just hear a bump every now and again. But as for everytime that the law enforcment was called out to the bar because of the so called “complaints”,the problems where either addressed or the law enforcment officer that came out never heard the noise that the “complainers” called whining about. And for the other “complainer”, which clearly lives no where close to the bar,not close enough to hear everything they are calling “whining” about. There have been several nights that they called in “complaining” and I would go sit behind the liquor store, just to see if I could hear the “Noise” that has caused such a uproar in the “Town of Sneads”. I think that it is CRAZY that Sneads is turning their backs on this man, of which is from Sneads and has lived in Sneads ALL of his life!!! My personal thoughts of this whole thing, is that what the “City Councilmen” need to focus on, is not that of closing down this bar, but cleaning the NASTY town up!
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