COUNTY WILL REVOKE NUDE BAR'S LICENSE THE COUNTY SAYS THE BAR'S LICENSE IS INVALID BECAUSE ZONING OFFICIALS OVERLOOKED THE PROXIMITY OF THE CLUB TO A PRESCHOOL.

February 2, 1999

Charlotte County raised the stakes Monday in its battle with the Emerald City strip club, saying it will revoke the bar's occupational license and is willing to go to court to stop it from opening.
County Attorney Renee Francis Lee called the bar's license invalid because zoning officials overlooked the proximity of the club to Grace Community School at 4334 Laura St. when they approved the permit last month. The owner wants to open the bar/strip club at 4535 Tamiami Trail in Charlotte Harbor. The rules prohibit bars within 1,000 feet of schools, churches or public playgrounds. Code Compliance Director Bob Gasper said Monday that the preschool is less than 700 feet away from the strip club site - the former Fat Boy's barbecue restaurant.
Lee said she'll deliver the news to Emerald City owner Kipp Whaley in a scheduled meeting Wednesday. She added that overturning the license will not stop the club from opening, but would force it through the county's special exception permitting process, during which it will be judged by members of the Board of Zoning Appeals for ``compatibility'' with the surrounding neighborhood. Such a review would almost certainly end in rejection of a special exception permit for the bar.
``We're hoping that Mr. Whaley is a good corporate citizen and will abide by the rules of Charlotte County,'' said Lee, indicating that Whaley should submit to special exception review.
But Whaley says he already has his permit and doesn't need special permission. Whaley could not be reached Monday. Previously, he has vowed to take the county to court if his permit is revoked.
``It's legal, I've received permission, and the doors will be open on April 1,'' said Whaley of the club. ``I've been through this a hundred times before; if they want to go to court, I'll win.''
Whaley calls Emerald City a combination sports bar/strip club. Four nights a week, the bar will serve beer and wine, show sports and feature clothed, but scantily clad dancers. Three nights a week, no liquor will be served, and the dancers will bare all. State and local laws prohibit nude bars from serving alcoholic beverages.
Whaley, 31, is a Port Charlotte resident and owner of two local adult video stores - Port Charlotte and Venice outlets of ``Exclusive Video.'' He holds a long-term lease on the 3,500-square-foot Fat Boy's building, which is owned by local businessman Steve Duke. Whaley says the club will employ about 50 women, and he welcomes expected protesters.
``I'll buy them (the protesters) coffee and doughnuts. It's free advertising,'' Whaley said.
``We don't need that kind of thing in our area,'' said Viola DeVries, who runs a day-care business out of her home at 23025 Harper Ave. ``I take care of 10 kids and all the parents are concerned.''
Lee, the county attorney, says the county is serious about its concerns.
``We hope we can avoid a lawsuit, but if Mr. Whaley wants to sue, we'll go to court.''

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