Board grants alcohol‑waiver and conditional use for Dixie Highway bar with recorded parking and noise conditions

The Planning & Zoning Board approved a conditional use permit and alcohol‑distance waiver for Midnight District LLC to operate a hookah and social lounge with live entertainment at 317 North Dixie Highway, subject to amended staff conditions including a recorded shared‑parking agreement and explicit hours of operation.

Rosie Escobar, community planner, presented the item and said the proposal would operate as a hookah and social lounge offering bottle service, occasional DJ entertainment, a VIP area and televisions. Staff reported the site is currently vacant and has unresolved code violations tied to business licensing and occupancy; approval of the conditional use permit would allow the owner to proceed with remedies and obtain a business license. Escobar told the board the establishment is expected to employ about nine staff and that staff recommended approval as conditioned, including compliance with the city's noise ordinance and recording of a shared‑parking agreement.

Board members extensively questioned the applicant and staff about indoor smoking and the state's regulatory role, noise mitigation, occupancy, security, and parking. The applicant said a professional sound engineering firm conducted decibel testing and that the speakers and bass were tuned to remain confined indoors. On smoking, staff noted state law controls when indoor smoking is permitted and that sales thresholds for food versus tobacco affect allowable indoor smoking under state rules.

Parking emerged as a central concern. The applicant described a notarized written shared‑parking agreement with the adjacent market and said Lupita's restaurant nearby also offered additional spaces; staff acknowledged the agreement needed to be recorded. The fire marshal would determine final occupancy limits, staff said, and the board discussed mechanisms for addressing recurring nuisance complaints; staff pointed to an existing code condition (referenced in the staff report) that allows for business‑license revocation in chronic nuisance cases.

Staff proposed amending conditions to explicitly record the shared parking agreement with the clerk of courts and to add the hours of operation (4PM–2AM) as a condition. The board accepted the amended conditions and approved the application by motion; the transcript records unanimous 'aye' votes.

The approval requires demonstration of compliance with conditions before full operations, recording of the parking agreement, noise‑control measures, and state approvals for on‑site alcohol and tobacco-related licensing as applicable.