15-13614

Book 141 Page
Agenda Item 13
Meeting of 03/04/15
RESOLUTION 15-13614
A RESOLUTION DETERMINING OUTDOOR LIVE ENTERTAINMENT PETITION 15-LEI FOR
YABBA, INC. DIBIA YABBA ISLAND GRILL, ON PROPERTY OWNED BY LARRY A. WYNN,
JERRY M. WYNN, AND TIMOTHY D. WYNN, TRUSTEES OF THE DON Q. WYNN AND
ANNIE MERLE WYNN IRREVOCABLE TRUST U/AID 9/26/93, AND LOCATED AT 711 5T"
AVENUE SOUTH, MORE FULLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 56-125 of the Code of Ordinances addresses the requirements for a live
entertainment permit; and
WHEREAS, Greg "Skip" Quillen, has been authorized by the owner(s) of the property, Larry
A. Wynn, Jerry M. Wynn, and Timothy D. Wynn, Trustees of the Don Q. Wynn
and Annie Merle Wynn Irrevocable Trust U/A/D 9126193, to file this petition; and
WHEREAS, Yabba, Inc. d/b/a Yabba Island Grill, petitioner, has requested Outdoor Live
Entertainment with doors and windows open from 5:00 p.m. to 11:30 p.m.
Sunday through Wednesday and from 5:00 p.m. to 12:00 a.m. Thursday through
Saturday for Yabba Island Grill, on property owned by Wynn Prope rt ies, located
m
at 711 5 Avenue South; and
WHEREAS, the requested hours of 5:00 p.m. to 11:30 p.m. are not in keeping with Section
56-125 of the Code of Ordinances and sta ff recommends that the live
entertainment be required to cease by 10:00 p.m.
WHEREAS, after providing the petitioner, staff and the public an oppo rt unity to present
testimony and evidence, the City Council finds that the criteria for granting the
petition have been met and that the petition should therefore be approved;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES,
FLORIDA:
Section 1.
That Live Entertainment Petition 15-LE1 is hereby approved for Yabba, Inc.
d/b/a Yabba Island Grill, on property owned by Lar ry A. Wynn, Jer ry M. Wynn,
and Timothy D. Wynn, Trustees of the Don Q. Wynn and Annie Merlz Wynn
Irrevocable Trust U/AID 9/26/93 and located at 711 5^" Avenue South, more
fully described as:
From a point on the no rth side of Fifth Avenue South,
at the southwest corner of Block 16, Tier 8, Naples
Seaboard and Gulf Ry. Co., according to the plat in
Plat Book 1, Page 59, Public Records of Collier
County, Florida, said point being the point of
beginning, thence run east along the north side of
Fifth Avenue South, 196 feet; thence north 150 feet;
thence west 196 feet; thence south 150 feet to the
point of beginning of the parcel herein described.
Book 141 Page
Page 2
Resolution 15-13614
Section 2.
That approval of this Live Ente rt ainment Petition is subject to the following
conditions:
1. Outdoor live ente rt ainment (doors and windows open) consisting of up
to five amplified (microphone and speakers) entertainers, between
5:00 p.m. and 10:00 p.m. seven days a week. Indoor live
entertainment (doors and windows closed) between 5:00 p.m. and
12:00 a.m. Thursday through Saturday.
2. Noise levels shall comply with the Section 22-37, "Noise" of the Code
of Ordinances.
3. This live entertainment approval may be renewed at the start of the
City's fiscal year every 2 years, pursuant to Section 56-125(g) of the
Code of Ordinances.
4.
In addition to any other enforcement action or penalty provided by
ordinance or law, failure to comply with the conditions contained
herein may subject the holder to revocation of the permit, in
accordance with the City of Naples revocation Ordinance (02-9778).
Section 3. Disclaimer: Issuance of a development permit by the City does not create any
right to obtain a permit from a State or Federal agency and does not create any
li ability on the part of the City for issuance of the permit if the applicant fails to
obtain requisite approvals or fulfill the obligations imposed by a State or
Federal agency or undertakes actions that result in a violation of State or
Federal law. Permit Condition: All other State or Federal permits must be
obtained before commencement of the project.
Section 4.
That this resolution shall take effect immediately upon adoption.
PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF
NAPLES. FLORIDA, THIS 4'" DAY OF MARCH, 2015.
Attest: _.
.
g4
Patricia L. ambo^,c, Criy Clerk
Approved as to form and legality:
Ptk
Robert D. Pritt, City Attorney
M:IRER000 NCILIRES\2015\15-13614
Date filed with City Clerk:
9 — (o —115
John F. Sorey Ill, Mayor