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Sh Boom is under contract to purchase "The Marque," and relocate Sh Boom's to that location. ,.- Sgt. Davis also noted that there is a letter from The Marque's management indicating what they can do to resolve the problems. Sgt. Davis presented a video recorded at 1 :48 a.m. showing the problems in the parking lot of The Marque. Sgt. Davis advised that based on the continued noise problems without resolution or improvement by The Marque management, staffis recommending the revocation of the conditional use permit and that any new night club relocating to this location require a new conditional use permit. He reviewed the options that the Planning Commission may wish to consider, noting that The Marque management has requested that the Commission continue this item to the August 14 meeting, to give them the opportunity over the next three week-ends to show that they can resolve the problems. He noted that they are proposing to completely change the format to bring in a new clientele. Sgt. Davis noted that Sgt. Ron Parker and Captain Dave Radford are in attendance and available to respond to any questions. In response to an inquiry from Commissioner Arkin, Mr. Roush advised that if the Commission revokes the conditional use permit, the decision would not become final until the appeal period has lapsed. Mr. Roush advised of the process that would need to be followed if the use permit is revoked and the owner did not voluntarily close the business. - In response to an inquiry from Commissioner Roberts, Sgt. Ron Parker advised that Police Officers are at this location every Saturday night. He reported on some of the incidents that have occurred at the site and the convenience store/service station at the corner of Hopyard and Owens. He noted that the Police Department dedicates a lot of police officers to this location on Saturday nights. He further noted that every attempt to work with the management at rectifying the problem has not been successful. Discussion ensued about the possibility of modifying the hours of operation as an attempt to address the concerns. THE PUBLIC HEARING WAS OPENED Therese Pimentel, 6006 Audrey Court, requested that the Planning Commission revoke the conditional use permit. She stated that the neighbors are worried, scared, and nervous. She advised that she spoke with Mr. Finelli of Sh Boom and feels they would attempt to be a good neighbor, but they are all tired of the current situation. She reported that there was no difference since the music format has been changed. Carlos Ratinho, 4555 Hopyard Road C-19, noted that they are in the midst of selling the nightclub to Sh Boom and they are under contract to do this as of September 1. He noted that the noise problem has escalated over the past two months because they hired an outside promoter and the music format that he brought in was rap and hip-hop. He further noted that as of last weekend they have released that promoter and they intend to change the music to 70's, 80's, and top 40 dance music. He stated that it may take up to three weeks to effective a change. He .-- PLANNING COMMISSION MINUTES July 24, 2002 Page 13