Too Many Mojitos

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Dennis Koehler, attorney and former PB County Commissioner (1976-84); Democrat; lives in District 2; says he would like to fill Mary McCarty’s term but not seek election in 2010. Don’t they all say that? But for sure you would have known that he was a lawyer Wednesday night when he was before our P&Z Board for a supposed Distance Waiver for his client, Mojito’s, located at 129 N. Federal Hwy. He told the P&Z that his client's appearance before them was about one thing when it was really about something else. This is only about a “Distance Waiver,” he said as did Rachael Bach, P&Z Director. They kept bringing this point up—“it is not about a nightclub but a distance waiver…that is what is before the P&Z tonight.” I, believing them, uncertain about what a distance waiver was all about, decided not to speak on the issue.

So, what’s going on? This bar now wants to be a nightclub. What does that mean exactly? Well, it means it can stay opened until 5am instead of 2am. A bar is only allowed to stay opened until 2am in Lake Worth. The owner admitted that it has been staying opened until 4am anyway, totally in defiance of our ordinance. So, why is he opening up this can of worms? If he gets his Lake Worth license for a nightclub, it actually will make his property more valuable for a re-sale.

They all appeared before P&Z and no one knew what was going on. The owner just knew he wanted to be a nightclub to stay opened until 5am but said that this was only about a Distance Waiver, not the nightclub thing even though they both go hand in hand. Mr. Koehler acted as though he was in a courtroom even suggesting that written testimony from three churches was just “heresay.” They should have shown up in person,” he said. The ministers did not want a nightclub that close to their churches.

Also it was stated by P&Z that no license was issued to this bar for the years 2004, 2005 and 2006 and even if the City of Lake Worth failed to send out notice, it was up to the owner to be legally licensed. The business does have a 4 COP license a PB County license as a nightclub but NO Lake Worth City Certificate of Use License. When asked by Exline if they had a license in Lake Worth, the owner said that he thought they did but could not produce one. Rachael Bach said she thought they had one but could not verify it. Why? No records at City Hall, but he had applied for a new nightclub license, like that made it all fine. Every business in Lake Worth must have a Certificate of Use and a local business tax receipt otherwise they are operating illegally.

There has never been a problem with a distance waiver at that location until now. Why? It’s always been a bar, not a nightclub. This establishment has been there since 1942 and on each sale, they have sold the liquor license…it went with the sale of the business. Why is it a problem now? Mojito’s wants to become a legal nightclub so therefore it is changing the use. It openly advertises as a nightclub. With a bar, you just have a nice little quiet place with people sitting around having a drink. In a nightclub, you have bands, shows, dancing and sometimes noise. That usually is the difference but Lake Worth is a little different in that regard. Mojito's has a burlesque show there on Sunday nights, as an example. In the owner’s mind, he IS a nightclub already. So, by officially changing the use it basically opens up a whole new can of worms. Residents and churches get into the act and scream bloody murder. No one wants noise, drunks, addicts, etc. that a nightclub could possibly bring to the area.

John Paxman recused himself from the very beginning. The owner of the business was a client or something. Phil Spinelli said that he had been a customer there previously. Jaime Foreman thought it "disingenuous for P&Z to pull the rug out from under them,” considering the establishment had “always been a bar.” He also stated that they were only in front of the P&Z for a Distance Waiver. What Jaime forgot to mention is that on May 13th, Mojito’s announced a partnership with COMPASS to host a gay and lesbian night on Wednesdays beginning June 17th. Should there have been disclosure? I mean, we don’t want to be disingenuous now do we? Foreman voted on allowing them a distance waiver.

None of it made sense as the bar is a legal non-conforming use right now—can stay open until 2am and stay in business as it has since 1942. Ed Leblanc just couldn’t understand why P&Z couldn’t issue the distance waiver and said that he was more confused than before they started the hearing. I couldn’t understand Ed LeBlanc.

Those voting FOR the issuance of a Distance Wavier were Spinelli, Foreman and LeBlanc. Voting to DENY were Hoctor, McGunagle, Exline and Mahoney.

Anyone confused? To repeat--

In essence, the owner of Mojito’s, a BAR, came before P&Z to get a Distance Waiver to become a NIGHTCLUB but you were not supposed to talk about the nightclub aspect of the request—just forget about that--just give him the waiver that the owner wouldn’t need if he had remained a bar.

More than likely Mojito's would have received the Distance Waiver but with DeVito absent and Paxman not voting, it was defeated on a 4 to 3 vote. I couldn’t help but wonder what sort of con was attempted on the citizens of Lake Worth.

Still confused? Probably too many mojitos at Mojito's.