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Council orders restart of special‑use review for Double Bar, waives fees; removes 85‑decibel condition for Live Oak
Summary
After owners and neighbors testified, the council directed staff to restart the Double Bar SUD process and waive associated fees, and approved a temporary land use for Live Oak while removing a specific 85‑decibel condition; security requirements for alcohol service will remain.
The Midland City Council moved to reopen and reprosess special‑use designation (SUD) terms for downtown nightlife venues and to align requirements across similar establishments.
At a seven‑month review of the Double Bar Saloon’s SUD, owner Carlin Smith told the council her business had complied with prior conditions: she said the bar shut down when unsafe, retained security (five certified guards on staff), paid for Ubers for patrons and spent roughly $47,000 on security since the council’s prior action. ‘‘We have gone above and beyond,’’ she told the council.
Council members acknowledged the safety steps and raised concerns about consistency across downtown venues. Several members proposed making the Double Bar’s conditions consistent with neighboring venues and discussed hours of service; one council member proposed matching a neighbor’s closing time of 1:45 a.m. rather than the Double Bar’s requested 2:00 a.m. The council then voted unanimously to direct staff to restart the SUD process without the current restrictions and to waive any fees associated with repeating the process.
Relatedly, the council reviewed Live Oak’s six‑month SUD and an accompanying temporary land‑use (TLU) permit for outdoor music that had included an 85‑decibel condition. Live Oak owner Steve Jeter presented decibel monitoring records and said the venue had only two complaints in six months and that security has been present for all alcohol events. Council members debated the practicality of using a decibel standard citywide and the difficulties of enforcement. The council approved the TLU but voted to remove the specific 85‑decibel condition; the requirement that peace officers or security be present for TLUs serving alcohol remains in place.
Councilmembers said their actions were intended to ensure consistent treatment of similar businesses while preserving public safety tools for enforcement. Staff agreed to restart the SUD process and to return to council with any proposed conditions for review through the formal SUD process.
