Res. No. 108-90-9134RESOLUTION NO.108-90-9134
A RESOLUTION OFTHE MAYOR AND CITY COMMISSION OFTHE CITY OF
SOUTH MIAMI,FLORIDA,APPROVING A PROPOSED SETTLEMENT OF ^HE
PENDING ACTIONS BY S.K.S.ENTERTAINMENT CORPORATION,D/B/A
CLUB MANHATTAN VS.CITY OF SOUTH MIAMI,FLORIDA,AND
AUTHORIZINGTHEADMINISTRATIONTOEXECUTETHEDOCUMENTS
NECESSARY THEREFOR.
WHEREAS,by Resolution No.101-QD-Q107?dated July 31,1QQQ
the Mayor and City Commission revoked the occupational license
of,and denied transfer of the occupational license to,S.K.S.
Entertainment Corporation,d/h/a Club Manhattan;and
WHEREAS,thereafter S.P1.S.Entertainment Corporation filed a
suit for damages and other relief in Circuit Court of Dade County
and filed an action for review in the Appellate Division of the
Circuit Court of Dade County,and
WHEREAS,S.K.S.Entertainment Corporation hasnowtendered
to the City of South Miami a proposed settlement ofthe aforesaid
pending actions;and
WHEREAS,the Mayor and City Commission of the City o^South
Miami,Florida,desire to accept the proposed settlement,
NOW,THEREFORE,BFIT RESOLVED BYTHE MAYOR AMD CTTY
COMMISSION OFTHECITYOFSOUTH MIAMI,FLORIDA:
Section 1.The settlement proposedby S.FC.S.Entertainment
Corporation be and the same is hereby accepted by the City of
South Miami ;copyofwhich is attached hereto.
^Section 2.The Administration of the City of South Miami,
Florida,is authorized to execute such documents as are necessary
toeffectuatetheforegoing section.
PASSED AND ADOPTED this 5th day of September j 1090.
APPROVED:
ATTEST:
READ AND APPROVED AS T^FORM
/4(M£c*
CITY ATTOPNtv
S.K.S.ENTERTAINMENT CORP.,
a Florida corporation d/b/a
CLUB MANHATTAN,
Plaintiff,
vs.
THE CITY OF SOUTH MIAMI,
amunicipalcorporation,
Defendant.
./
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR DADE
COUNTY,FLORIDA
CASE NO.90-38588 (32)
STIPULATION FOR SETTLEMENT
Plaintiff,S.K.S.ENTERTAINMENT CORPORATION d/b/a CLUB MANHATTAN
("S.K.S.")and Defendant,CITY OF SOUTH MIAMI ("CITY"),by and through
their respective counsel,file their Stipulation for Settlement and
state the following:
1.In consideration for the CITY issuing an occupational
license to S.K.S.ENTERTAINMENT CORP.to operate CLUB MANHATTAN
located at 6600 Red Road,South Miami,Florida,and the CITY'S
withdrawal of Notices of Violation issued on August 24 and 25,1990,
citing Plaintiff with operating a business without an occupational
license,S.K.S.accepts same as full and final settlement of its cause
ofactionfiledintheabovestyled action.
2.Plaintiff,S.K.S.,shall immediately file a voluntary
dismissal with prejudice of the above styled action representing
S.K.S.'s last and final recourse in this matter and S.K.S.waives its
rights,if any,to further judicial remedy,excepting the retention of
this Court's jurisdiction toenforcethetermsand conditions ofthis
Stipulation.Additionally,Plaintiff shall immediately file a
voluntary dismissal with prejudice of the case styled S.K.S.
Entertainment Corp.v.TheCityofSouthMiami.Case No.90-196-AP
filedinthe Appellate Divisionofthe Circuit Courtofthe11th
Judicial Circuit and tender to Defendant a general release executed by
Plaintiff in favor of Defendant,CITY OF SOUTH MIAMI,its successors
or assignees,elected officials,employees,agents and the Florida
Municipal Liability Self-Insurer's Fund.
3.Inthe future operation ofCLUB MANHATTAN,Plaintiff,
S.K.S.,shall:
a.Employa minimum offour (4)armedand uniformed
security guards ora minimum of four (4)armed,off-duty police
officers,visible in Plaintiff's parking lot during all hours in which
Plaintiff's business is open tothepublic.
b.Plaintiff shallnot operate its business atCLUB
MANHATTAN on September 9,1990,and September 16,1990.
c.PlaintiffintheoperationofCLUBMANHATTANshallnot
offer or promote any "theme night"on Sunday nights if Plaintiff
operates its business or is open to the public on Sunday nights.
d.Plaintiff shall undertake all steps necessary to
enroll in and complete a course recognized by the State of Florida
Division of Alcoholic Beverages and Tobacco and obtain a
certificationdesignatingPlaintiffasa"responsiblevendor"pursuant
-toFla.Stat.§561.701-561.706.
4.Plaintiff acknowledges and agrees to notify the
appropriate police orlaw enforcement agency immediately upon
obtainingknowledgethatcriminalactivityhastakenplaceinsideCLUB
MANHATTANintheparkinglotcontrolledbyCLUBMANHATTANorstemming
from the operation of CLUB MANHATTAN.
5.Plaintiff acknowledges andagrees that itisresponsiblefor
controllingtheconductofitspatronslocatedinthestructureknown
asCLUB MANHATTAN andthe parking lot adjacent to and controlled by
S.K.S.d/b/a CLUB MANHATTAN.
6.Plaintiff acknowledges and agrees that Defendant,CITY OF
SOUTH MIAMI,isamunicipalcorporationvestedwith police powers
enabling the CITY to enforce the laws of the State of Florida,Dade
County andtheCITYOFSOUTH MIAMI.Consequently,Defendant,CITYOF
SOUTH MIAMI,willcontinuetoexerciseitspolicepowerstoenforce
theabovereferencedlawsagainst Plaintiff andtakethe appropriate
legal means to rectify or enforce the laws against S.K.S.d/b/a CLUB
MANHATTAN should a violation of law exist.
7.Defendant,CITYOFSOUTH MIAMI,willtakenoaction against
Plaintiff,S.K.S.,to revoke or deny issuance ofan occupational
license,based onany conduct whichis alleged tohave occurred prior
to September 7,1990.
8.Notwithstandingthepreceding paragraph,intheeventofa
future violationoflawby Plaintiff,nothinginthis Stipulation is
to be construed as a waiver of the rights of Defendant,CITY OF SOUTH
MIAMI,tomakeany lawful useofanyallegedprior violations oflaw
byPlaintiffregardlessofwhentheymayhaveoccurred,inanyfuture
administrative,quasi-judicial,judicial or appellate proceeding.
9.The above referenced convenants,conditions and agreements
shall remain in effect in perpetuity,unless modified bythe parties.
10.Time isof the essence asto each and every item in this
Stipulation.
11.Each party shall bear their own costs and attorney's fees.
FLYNN and TARKOFF
Attorneys for Plaintiff
1414 Coral Way
Miami,Florida 33145
TEL:(305)858-1414
BY:
VINCENT J.FLYNN
CONROY,SIMBERG &LEWIS,P.A.
Attorneys for Defendant
2620 Hollywood Boulevard
Hollywood,Florida 33020
TEL:(305)940-4821
BY:
HARRIET LEWIS
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR DADE
COUNTY,FLORIDA
CASE NO.90-196-AP
APPELLATE DIVISION
S.K.S.ENTERTAINMENT CORP.,
a Florida corporation d/b/a
CLUB MANHATTAN,
Appellant,
vs.
THE CITY OF SOUTH MIAMI,
a municipal corporation,
Appellee.
/
STIPULATION FOR SETTTrygM?NT
Appellant,S.K.S.ENTERTAINMENT CORPORATION d/b/aCLUB MANHATTAN
("S.K.S.")andAppellee,CITYOF SOUTH MIAMI ("CITY"),byand through
theirrespective counsel,filetheirStipulationforSettlementand
state the following:
1.In consideration for the CITY issuing an occupational
license to S.K.S.ENTERTAINMENT CORP.to operate CLUB MANHATTAN
located at 6600 Red Road,South Miami,Florida,and the CITY'S
withdrawal of Notices of Violation issued on August 24 and 25,1990,
citing Appellantwith operating abusinesswithoutan occupational
license,S.K.S.acceptssameasfullandfinal settlement ofitscause
of action filed in the above styled action.
2.Appellant,S.K.S.,shall immediately fileavoluntary
dismissalwith prejudice oftheabove styled action representing
S.K.S.'s last and final recourse in this matter and S.K.S.waives its
rights,if any,tofurther judicial remedy,exceptingthe retention of
thisCourt'sjurisdictiontoenforcethetermsandconditionsofthis
Stipulation.Additionally,Appellantshallimmediatelyfilea
voluntary dismissalwithprejudiceofthecasestyled S.K.S.
Entertainment Corp.v.TheCityofSouthMiami.Case No.90-38588 (32)
filed in the General Jurisdiction Division of the Circuit Court of the
11th Judicial Circuit and tender to Appellee a general release
executed byAppellantinfavorof Appellee,CITYOFSOUTH MIAMI,its
successorsorassignees,elected officials,employees,agentsandthe
FloridaMunicipal Liability Self-Insurer's Fund.
3.In the future operation of CLUB MANHATTAN,Appellant,
S.K.S.,shall:
a.Employ aminimumof four (4)armedand uniformed
security guards ora minimum of four (4)armed,off-duty police
officers,visible in Appellant's parking lotduringall hours inwhich
Appellant's business is open to the public.
b.Appellant shall not operate its business at CLUB
MANHATTANon September 9,1990,and September 16,1990.
c.Appellantinthe operation ofCLUB MANHATTAN shall not
offer or promote any "theme night"on Sunday nights if Appellant
operates its business or is open to the public on Sunday nights.
d.Appellantshallundertakeallstepsnecessaryto
enroll inand complete a course recognized bythe State of Florida
Division of Alcoholic Beverages and Tobacco and obtain a
certificationdesignatingAppellantasa "responsible vendor"pursuant
to Fla.Stat.§561.701-561.706.
4.Appellant acknowledgesandagreestonotifythe
appropriate police or law enforcement agency immediately upon
obtaining knowledge that criminal activity hastaken place inside CLUB
MANHATTAN/in the parking lot controlled by CLUB MANHATTAN or stemming
fromthe operation of CLUB MANHATTAN.
5.Appellant acknowledges and agrees that itis responsible for
controlling the conduct.of its patrons leea^ed in the structure known
asCLUB MANHATTAN andthe parking lot adjacent toand controlled by
S.K.S.d/b/a CLUB MANHATTAN.
6.Appellant acknowledges and agrees that Appellee,CITY OF
SOUTH MIAMI,isa municipal corporation vested with police powers
enabling the CITY to enforce the laws of the State of Florida,Dade
County and the CITY OF SOUTH MIAMI.Consequently,Appellee,CITY OF
SOUTH MIAMI,will continue to exercise its police powers to enforce
the above referencedlawsagainstAppellantandtakethe appropriate
legal means to rectify or enforce the laws against S.K.S.d/b/a CLUB
MANHATTAN should a violation oflawexist.
7.Appellee,CITY OF SOUTH MIAMI,will take no action against
Appellant,S.K.S.,to revoke or deny issuance of an occupational
license,based on any conduct which is alleged to have occurred prior
to September 7,1990.
8.Notwithstanding thepreceding paragraph,intheeventofa
future violation oflawby Appellant,nothinginthis Stipulation is
tobe construed asa waiver of the rights of Appellee,CITY OF SOUTH
MIAMI,to make any lawful useof any alleged prior violations of law
byAppellantregardlessofwhentheymayhaveoccurred,inanyfuture
administrative,quasi-judicial,judicialor appellate proceeding.
9.The above referenced convenants,conditions and agreements
shall remain in effect in perpetuity,unless modified bytheparties.
10.Time isof the essence as to each and every item in this
Stipulation.
11.Each partyshall bear their own costs and attorney's fees.
FLYNN and TARKOFF
Attorneys for Appellant
1414 Coral Way
Miami,Florida 33145
TEL:(305)858-1414
BY:
VINCENT J.FLYNN
CONROY,SIMBERG &LEWIS,P.A.
Attorneys for Appellee
2620 Hollywood Boulevard
Hollywood,Florida 33020
TEL:(305)940-4821
BY:
HARRIET LEWIS