(upbeat music) - [Announcer] You're watching highlights of the Chattanooga City Council meeting, a production of WTCI PBS.

(upbeat music) - We will now begin a public hearing on revocation of special permit of SkyZoo.

Madam attorney, would you like to present your case, ma'am?

- Chairman Henderson, vice-chairman Smith, and the councilmen and women of the City of Chattanooga, we are here today on a very limited issue of whether SkyZoo should continue to operate under the special exceptions permit that this body granted back in 2011.

As this is an opening statement, I will call witnesses for evidence.

SkyZoo will have an opportunity to present their own evidence, and then it will be up to you to decide if, whether by a preponderance of the evidence, which is more likely than not, SkyZoo should keep or lose its special exceptions permit.

SkyZoo is zoned in C2, which is convenience commercial district.

Among the principal uses are the things you would think about in commerce, drug stores, grocery stores, dry cleaners, all of these things.

It's convenient for people to go to a C2 place and do lots of business at once.

Non-principal uses include a nightclub.

And if a business that is in Zone 2 would like to operate a non-principal use, they must have a special permit from this body, which was granted in 2011.

The Chattanooga Ordinance is crystal clear that the city council has both the right to give and take away a special exceptions permit.

From this point, I will put on evidence of why the city believes that this business should have its special permit revoked.

Next, I would call Chief David Roddy of the Chattanooga Police Department.

Chief Roddy, have you had an opportunity, excuse me, an opportunity to look into the number of calls made to emergency services at the SkyZoo, excuse me?

- Yes, I have.

- What period of time have you analyzed it?

- The first that we did just to get a total snapshot of what we're dealing with, we pulled total reports for the last 365 days on a sliding scale.

Out of that 365 days, it looks like through CAD reports that we had a total of 36 disorders, 27 suspicious persons, 18 fights or disorders, 15 self-initiated field interviews, 10 assault calls, and eight shots fired, persons shot, or other incidents involving a firearm.

For just those call types to be a total of 103 total within a 365-day period.

- Could you say that total again, please?

- 103.

Now that is not the total calls for service.

That's just the types of calls that I just illustrated for you.

There are other calls that are captured in CAD.

However, I'm not bringing those into the totals today.

Some calls relative to like a medical call or a traffic crash or domestic violence.

I do not want to report those in any type of negative connotation, so it won't be perceived for any establishment, similar to SkyZoo or any other business in Chattanooga to not call in when a person needs help in those instances, relative to what's not required by law for an establishment that serves alcohol.

- So is it fair to say for clarity that these calls are the ones that you have identified as reflective of a public disturbance?

- Yes, ma'am, these would be the most severe calls that I pulled on the initial CAD data that we reviewed.

- Okay, do you have any other data related to SkyZoo for any different period of time?

- I actually went back and pulled the last 861 days, which would be 365 times two.

I did that on my phone with a calculator 'cause I'm not gonna do it in my head.

But looking at that in that 861-day period, we had 56 disorders, 24 fights, and nine shots fired.

And that includes the numbers from the current 365 that I mentioned earlier.

So looking at if you're talking about a propensity for issues, it looks like what's being presented in the data that 5709 Lee Highway is increasing in its types of calls for service that I mentioned were probably, and to me the most concerning relative to violence or just the potential threat of someone being harmed.

So in 861 days, you had 56 disorders, 36 of those occurred in the last year.

In the last 861 days, you had 24 fights, 16 occurred of those in the last year.

In the last 861 days, you had nine shots fired or firearms-related calls dispatched specifically through CAD for that title, eight of those occurred in the last year.

- Looking at these numbers, just let's limit it to year-over-year.

What do you conclude about the safety of SkyZoo?

- For the types of calls that are coming in, many of those are actually directly connected to the safety of an individual or their victimization specifically as a victim of the crime or the propensity for harm from a health standpoint, whether that's shots fired or a fight or a disorder.

It looks like those types of calls for service have gone up statistically over the last 365 days compared to the previous year.

- You said there were 100 shootings in Chattanooga so far this year?

- I believe that's right.

Give me a little bit of grace if I'm a few off on that.

- I'm fine with that.

Do you know how many reports of shots fired have taken place in Chattanooga in that same period of time?

- No, sir, not off the top of my head.

- It would be substantially more?

- Yes sir, it would.

- Have you ever been to SkyZoo and see how they operate?

- No, sir, not during their business hours.

- Okay well, if they had eight security guards licensed at this facility, would that seem adequate to you?

- That'd be speculative without understanding the business rules.

I will acknowledge, eight is a good size number of security officers.

Without knowing their rules, how they work, where they stand, how they're trained, what they do, it would be a little bit speculative, but eight sounds like a good number.

- And you know, if they were there to search the patrons as they went into the bar, would there be anything more they could do to keep the gun violence down?

- Objection, this is speculative.

We're only hear on number of calls.

- Would you just keep it to the number of-- - Ask a question that has an answer.

- Yeah that's fine.

If they wand these patrons that come into the thing into their business and they searched them, is there anything else they could do to prevent firearm?

- I'd have to see what their operations look like in the parking lot.

- Okay, let me ask you this question.

Is Sergeant Jeremy Ames, is he still with the department?

- Yes.

- Is he still your spokesperson?

- He is still the PIO, yes.

- If he made a statement to the times free press, that random acts of violence are incredibly difficult, if not impossible to plan for, would you agree with that?

- From a law enforcement perspective, yes.

- What would you recommend that an establishment like SkyZoo do to prevent gun violence?

- And I'd jump backwards on you every time without seeing the actual operations in motion it'd be speculative for me to give advice on something that I haven't even seen running.

- Are there any general suggestions that you could give?

- The one that I usually give for every establishment similar to this are the same ones that I gave Coyote Jacks in 2018, I believe, which was you need to light up the entire parking lot with as many high intensity bold lights as you can and as many security cameras to capture the events on the outside of the establishment, as well as any known parking areas around the vicinity.

Even if you don't control it, work with the owners of those parking lots to establish the lights and cameras.

- Okay and were you aware that they do have cameras at SkyZoo?

- That'd be the difference between are they good or not, I don't know the answer to that.

- Well, I think and correct me if I'm wrong, if you know the answer this, but I think they helped catch the shooter in the incident that occurred at SkyZoo.

- Do not know that.

- Do you recall that?

- No sir I do not.

- I have no more witnesses.

I invite Mr. Cox to put on Misty Dawn Harris, the holder of the special exceptions permit or anyone who has any evidence that negates the number of phone calls and incidents at their establishment.

- I have Mr. Dacoregio with me, who's part owner of SkyZoo and I can tell you-- - For the record, just state your name again.

- My name is Doug Cox, I'm here for SkyZoo.

- Thank you.

- And one thing I can relate to the board, to council members is when the special exceptions permit was granted, back then it was brand new.

These were probably one of the first two or three that was granted a special exceptions permit.

And to be quite honest, the government didn't know what to do and who was to be applied.

We were told that the property owner needed to apply.

Then we were told the business proprietor needed to apply.

So Misty Dawn Powell, who isn't one of the owners of SkyZoo's name is on the special exceptions application.

Mr. Dacoregio is one of the owners.

It's an LLC and Misty Dawn Powell and Leo Dacoregio own SkyZoo, okay?

So that goes back to 2011.

I may be mistaken, but I think it was one of the first special exception permits granted by the city.

And I'll bet there aren't two or three more.

And it's basically for nightclub entertainment is what it's for.

Because if you're gonna have sound, dance floors, lighting, that type of entertainment, you have to have a special exceptions permit so that you can operate after 11 O'clock.

The only point for the special exceptions is for the designation of a nightclub.

As I conveyed to counsel before, Mr. Dacoregio was not interested in maintaining a nightclub.

He wants to convert his business to a sports bar, which is different clientele, different setup, no dance floor, no noise, no lights, restaurant with seats at tables, menus, that's what he intends to do.

He doesn't need a special exceptions permit for that, but he does need the zoning official to come down and confirm that that's the type of operation that he's running.

This special exceptions permit has nothing to do with the service of his alcohol.

It has everything to do with can he operate as a nightclub after 11 o'clock.

Mr. Dacoregio would like to testify about what's happened out there and the measures he takes.

I'd also like to say we had no chance to review any of the calls that were made that were presented here before council.

We don't know who made them, where they came from.

I know the police department has been assigned them to this address, but we don't know anything about any of the particular calls, just that here are the numbers.

So I'll ask Mr. Dacoregio to testify for you so that you can understand.

- Please state your name please.

- Leonato Dacoregio.

- Slow down.

- Sorry, Leonato Dacoregio.

- And Mr. Dacoregio, what is your affiliation with SkyZoo?

- I own 50% of SkyZoo.

- And how long have you owned 50% of SkyZoo?

- I believe since 2012.

- If you would, what's your seating capacity there, what's the-- - 299.

- 299?

- Yes sir.

- What kind of an operation do you have there right now?

- We have a nightclub.

- And so what goes on within the nightclub?

Do you have entertainment?

- We have shows, we have dance floor, we have DJ's, we have lighting, food, drinks, but as a nightclub.

- Okay and as a nightclub, what's the racial makeup of your patrons?

- 90% African-Americans.

- Do you have security there?

- I have eight licensed security guards by the state of Tennessee.

- Okay and what is their function?

- Check parking lots.

I have two guys, actually I'm sorry, I have 10 guys.

I have two guys when you first get into the parking lot to control the amount of cars that I can have there.

I have two guys at the door and six guys walking around.

- When your six guys are walking around, they walking around each inside of the building, outside of the building or parking lot?

- Inside the building and they do kind of a rotation.

So I have five guys inside, one leaves the back door, check around, go back to the front door, release the first one, they always rotating, make sure that everybody's, we watching everything.

- Before your customers are allowed to enter the premises are they subject to search?

- They are pet down and we use a wand, a metal detector to make sure that nobody has any weapons of any kind.

- Is that everybody that comes in the door?

- Anybody that comes through the door.

- We're here it seems like particularly about a shooting that occurred in May.

Do you recall that?

- Yes, I was working in the parking lot.

- Recall where it happened?

- Yes.

Do you know the whole story about why the guy died?

Well, A, it has nothing to do about SkyZoo.

The guy that died, Eric, I knew him, he was my friend.

He had an affair with the other guy's wife.

The guy found out and the guy came to SkyZoo and then go back to, we gave all the footage to the police officers because he came to SkyZoo I believe 12:15, sit down with the front bar and just wait for, didn't say a word to anything.

At two o'clock when we closed down, he went outside, waiting for Eric to leave.

When Eric passed by him, they exchanged some words.

And Eric looked at him and say, you want to fight?

And the guy, no, you're here to die.

Pulled the gun and shot him.

Sadly Eric was gonna die anywhere that night.

The guy came there to kill him.

- Was that on your cameras?

- Yes, sir.

- Did you provide it in your testimony?

- The shooting specifically was on the cameras, but the guy, when he walked in the club, but we have I think like 20 cameras inside the place and three cameras that we just put outside after the event.

But doesn't show any altercation inside these guys through the night.

And we gave that footage to the police department.

- When the police show up on your property for any type of call, do you cooperate with them?

- Of course.

- Do you have any obligations yourself to make calls to the police department?

- The beer code states that any kind of event need to be reported.

So if I throw a piece of paper at you, I know it has some pee, but that's assault.

I got to call.

Because if somebody called the police department say I got in a fight at SkyZoo or something happens SkyZoo and I didn't report it first I got a three-day suspension minimum.

So most of the calls that happen there, and I can tell it's for, somebody disagree with something, push a charter, I'm gonna call the police for assault.

You guys want to stay here and do the cops, you can, but if you want to leave, I can't hold you.

But we call for anything.

The beer code's kind of my Bible, I go by them.

And if officer Collins, you can come to my place in two years, I feel like I'm doing a great job.

We call for anything.

- You've testified about you have six guys walking around?

- Mm hmm.

- And you have two at the door, is that correct?

- Yes.

- Were six guys walking around on the night that two people were shot?

- Yes.

- So.

- They didn't have the weapons inside the club.

The guy that shot had his gun inside the car.

When we call last call, he left the club first, went to his car and got his gun.

He waited till Eric pass by him, get off the car and then shot him.

- And-- - I can't check people's car.

- And your six guys can't stop that from happening?

- Can I check cars?

Is that illegal?

If it was legal, I'll be doing it.

- Were your six guys able to stop that shooting?

- There's no Superman to stop shooting, ma'am, the guy who gonna die anywhere.

You talk about close down SkyZoo.

And going all, sorry, all the gun violence will disappear.

They just go to the next place.

At least the people that come to SkyZoo they know that inside they're safe.

Outside, I'm sorry, but Chattanooga police department, you know how many times I call the police and the guy that show up, sorry the officer that show up there didn't do anything.

Cause he's telling what's my problem.

You know why that change, two months ago when I called internal affairs, because he tried to arrest me three times, three times that happened that something happened in Chattanooga, police officers come to SkyZoo and asked me to close down.

I didn't have the proper license, I didn't have my guys on a license.

All my guys had paperwork's in their hand, we are licensed.

The officer like I don't have anything.

I don't have anything.

I can prove that you, because just for the third time I had a camera on me.

Police officer came to SkyZoo, told me to shut down.

Like this, I want you to shut down.

And I was like for what?

Can I shut down?

And I was like I'm not gonna shut down.

Let me finish now.

I'm not gonna shut down, you under arrest.

I'm under arrest for what?

And they kept the charge later.

Put his hand on his handcuffs.

I look at him, officer do you know that you're on camera right now?

And he told me I don't care, I don't like you.

I'm here to shut you down, I'm gonna shut you down.

Then the other officer came to me, I forgot his name.

I think Lieutenant Holmes came to me and said Leo there is something going on in town.

We had to stop some really bad stuff from happening.

We think that they're gonna come here.

Can you shut down and just make everybody's lives easier?

Okay, I shut down right away.

I'm here to help the police.

I helped the police.

I called all the time, every time that I can.

I give all the information that I can.

I give my DVRs, cameras, everything that I can.

I'm being targeted right now.

- All right, we've heard from both sides.

I now close the hearing on the special permit of SkyZoo.

The floor is now open for consideration of a motion on the special permit for SkyZoo.

Councilman Hester.

- I applaud Dacoregio efforts, but based on the safety, Chattanooga is a beautiful city and it's a tourist destination for most folks.

But based on the police calls, the shooting I'll make a motion to revoke SkyZoo's special permit.

It's a danger to the community.

- We have a motion on the floor to revoke the special permit for SkyZoo, do I have a second?

- Yes.

- Okay, we have a motion and a second to revoke the permit for SkyZoo.

Are there any questions or comments before we take a vote?

Madam clerk?

I'm sorry.

Oh, I see okay, got it.

- Councilman Byrd.

- I just want to say to this body, we have a lot of work to do.

I feel real, real silly right now and that's just me y'all because despite what this body do today, Mr. Leo, you're not on trial today.

The city of Chattanooga is, and he's gonna be able to go and do his work.

And it's gonna be a lot of other situations like this.

Nothing is really has changed and this is not on no disrespect to you.

Mr. Leo.

It's just this body, we gotta fix our system y'all, this is crazy.

But that's what I wanted to say, thank you.

- Councilwoman Coonrod.

- Thank you Chip.

I just want to make sure I'm understanding what I heard attorney's talk.

if we vote to say we revoking his special permit, he converts to a sports bar?

He's still gonna be open till two o'clock and he's still gonna be able to serve alcohol, is that correct?

- [Attorney] That is, I don't know if that's correct.

It doesn't matter tonight.

Tonight, the only issue is whether or not he can operate a nightclub.

If you say he can't operate a nightclub, then he can open a sports bar or anything else permissible at C2.

- Right and he seems to think converting to a sports bar is going to change the clients here, I beg to differ because Buds is a sports bar and they all the way lie.

Same kind of clientele, just different skin color.

But what I will say is this, we worked on Coyote Jacks, the mayor, along with council petitioned or got with Neil Pinkston about declaring that location as a public nuisance.

And they closed it down eventually.

I would like for us as a council to move towards there, along with Mary Histell if we really want to have something done, because what we've just done now is a pony show.

Like I get it, but now we've done nothing.

We've done nothing.

Sports bar or late night entertainment venue it's still gonna keep continue to be the same thing that's happening.

So what's our next step?

Well, we planned, we need to talk about that tools is and strategic planning, but I would like to see something harsher done.

- You good councilwoman?

- I'm good.

- Okay.

Counsel Ledford.

- Thank you, Mr.

Chair.

I've been doing my best to digest the information that's been provided.

And I think it's boiled down for me is that, and this is no SkyZoo, whatever, that's irrelevant to me, with what I'm about to say.

What I'm about to say is very important I think, to where I'm gonna vote.

And that is the problem is in this ordinance.

Mr. Cox was right, it's vague, it's too general.

And I think that is probably to allude to Councilman Byrd's point as well, that's on us.

And so I think that we need to take responsibility for crafting a special exceptions permit that is beneficial to the overall community.

And I think that's where our problem tonight lies.

And I think that this is an opportunity to take a really good, serious look at this ordinance and do it right.

Thank you, chairman.

- Councilwoman Hill.

- Knowing the specificity of what we are discussing today, the number of calls that have been made and how that applies to maintaining the privilege of this special permit.

I'm a parent, sounds like you're a parent, something that you said really stood out to me, Mr. Leo, you said, I'm scared too.

I'm scared for my staff, I don't want to die.

So as I sit here and my job is to determine if a special exception permit privilege should be allowed to go on whether or not it is in fact, an especially useful tool in stopping violence.

I do think it is one that is in fact a privilege and that in this instance could be an appropriate step in helping our city be somewhat safer.

If only because we are closing a door to something that you yourself have said makes you frightened, that you don't want to die.

And sometimes being in a position of authority means removing a choice that was never in our best interest in the first place.

I know that's something that I do as a parent.

And it's a heavy responsibility here as a city council person.

But that is why I'll be making the vote I will tonight.

- Good.

I'm seeing no other hands at this time.

We do have a motion on the floor to revoke the special permit of SkyZoo with a proper second.

I'm seeing no other hands.

Madam clerk, would you get us a roll call please?

- Councilwoman Hill.

- Yeah.

- Councilman Ledford.

- Yeah.

- Councilman Hester.

- Yes.

- Councilwoman Berz.

- Yes.

- Councilwoman Dotley.

- Yes.

- Councilman Byrd.

- Yes.

- Councilwoman Coonrod.

- Yes.

- Mr Chairman Smith.

- Yes.

- Chairman Henderson.

- Yes.

- Nine yeses.

- Motion to revoke carries, nine zero.

(upbeat music) - [Announcer] You've been watching highlights of the Chattanooga city council meeting a production of WTCI PBS.

(upbeat music) Get on demand access to even more of the shows you love with WTCI Passport.