While stressing that downtown Kissimmee bars will not have to close at midnight, city leaders Tuesday did pass a new ordinance requiring a special permit for them to sell alcohol after midnight starting Oct. 1.
Commissioners voted unanimously at Tuesday meeting to require businesses selling alcohol after midnight to obtain an annual $250 permit. Law enforcement can check off on it to make sure those businesses are compliant with other laws and ordinances.
Also Tuesday, the Commission voted in parts of another ordinance aimed at keeping noise in check. The noise ordinance’s “second first reading” — commissioners took it up at their July 1 meeting but tabled it for more study and discussion — had a number of parts, but commissioners only voted in to make first-time offenses subject to a written warning and second offenses a possible fine.
Options when to reduce the allowable decibel maximum and when to allow outdoor speakers will be taken up when the ordinance gets a second reading at the Aug. 5 Commission meeting. Currently, 85 decibels, heard at the edge of a location’s property line, is the cutoff until 10 p.m., when it drops to 70 decibels. Outdoor speakers are also allowed until 10 p.m. City staff laid out options for raising the later level, or allowing 85 and the speakers until midnight or even 2 a.m. for businesses that obtain the after-midnight alcohol sales permit.
Commissioner Carlos Alvarez asked if the limit could even be made lower than 70 decibels after midnight, and Noel Ortiz advocated for a high fine for violators. Mayor Jackie Espinosa, who is also a downtown merchant, said having a robust noise ordinance will be a positive change.
“When you have three places door-to-door playing outdoor music, I don’t care if they’re under 85 decibels … that’s not music, that’s noise,” she said. “Once we pass this whole thing, there’s not going to be confusion of what is allowed and when.
“I’m trying to think about the future. The situation on Dakin (Avenue) will duplicate on Broadway (as we grow). We’re not trying to lose down businesses, we’re trying to be mindful.”
During public comment Tuesday, downtown merchant Jeremy Fetzer reminded commissioners they recently approved two hotel and condominium projects a block from the downtown entertainment district that “will be within earshot of these establishments.” Ray Parsons lives downtown and owns establishments on the popular east Dakin Avenue block. He said he and his fellow merchants are in agreement for the most part about the changes, but some feel the changes are coming a bit quickly.
"It's definitely going to make it harder to be profitable," he said. "After a couple of violations, to lose your permit and be shut down that easy after the investment you put in, that's scary.
"The city's tightened up on street permits to serve food outside, and we're all now paying the new (fire service assessment) tax. There's a lot of costs on downtown businesses, and the city hasn't taken the time to see if there's benefits. They just just keep adding more restrictions. Let's slow down."
As Parsons noted, if they obtain one of the newly-approved after-midnight alcohol sales permits, repeated noise offenders could be subject to suspension of the permit.
“We’re saying, If we’re following the rules, we’ll be okay,” City Manager Mike Steigerwald said. “And it gives us the ability to crack down on those who don’t.”
Espinosa said that charging a fee for it gives those who apply some “skin in the game”.
“It’s only going to be a few places that apply, so it’s not like the city is making all this money,” Espinosa said. “With a permit come rules, which will KPD to have more enforcement so they can act like cops, aside from code enforcement who can only write them up.”
