Voters say no

to bottle clubs

by Holly Matthews

By an unofficial tally of 429 to 156, Titusville registered voters Tuesday agreed to prohibit bottle club establishments in the city.

The owner of the only bottle club operation in the city said he plans to learn if the referendum can be contested. "It's not over yet," Mike Marchand said as he learned of the election results.

Titusville Mayor Brian Sanford Tuesday night said he believes the concern in the community was that there are few controls to regulate bottle clubs. He said council had agreed that the wise move would be to let the community choose.

"They have decided in a somewhat overwhelming fashion. I really thought it would be closer," Sanford observed.

Sanford added council's decision had nothing to do with Marchand's business but with concerns that others would open clubs who might not operate a business in the same manner as Marchand.

City Manager Mary Ann Nau Tuesday night said she was pleased Titusville citizens voted to prohibit bottle club establishments. She said bottle clubs are often associated with negative activities which tax the resources of a community including police and legal departments as well as legitimate business enterprises. "I think it would have been a negative thing for the community," she said.

By unanimous vote in March, city council approved Resolution No. 4 of 2002 to place the question on the primary ballot after it was learned that the city has few mechanisms to regulate the clubs. These establishments are not licensed under the Liquor Code and therefore are not subject to regulation by the Liquor Control Board.

Several years ago the state Crimes Code was amended to allow a referendum to give voters the choice whether or not to prohibit bottle clubs. "It provides a mechanism for voters to decide," Nau told council.

Bottle clubs are establishments operated for profit, which admit patrons upon the payment of a fee and have a capacity for 20 or more people. The establishments do not legally sell alcoholic beverages, but liquor can be provided by the operator or employees or can be brought to the establishment by patrons.

Bottle clubs do not include those with a license under the Liquor Code or eligible organizations conducting special events or fund-raisers for charitable purposes.

Marchand, owner of The Tunnel Club - an under 21 dance and social club - and the Auto Palace, said he first considered opening a bottle club after he was approached by a number of local adults interested in having a site where line dancing would be possible.

Marchand held a number of bottle club or "bring your own bottle" events at The Tunnel Club prior the election in hopes of showing people that his business would be reputable. The Tunnel is located on East Central Avenue on the lower level of the former Eagles Club.

Marchand contacted the city in March requesting information about regulations or restrictions in operating a club. Nau found that the city had not addressed the issue of bottle clubs and had few mechanisms in place to deal with them.

After the unofficial returns were counted Tuesday evening, Marchand said he hopes to fight the referendum. "I don't think that ballot was legal. I will have my attorneys study it," he said. "I'm going to do what I have to do."

Marchand said he appreciated the support of the people who voted against prohibition of the bottle clubs.

Asked if he would consider purchasing a liquor license, Marchand said he did not want to because he still wants to run The Tunnel Club for kids and did not want liquor stored on premises. "That's why I went this way (operating a bottle club.)"

Marchand noted he has 30 days after certification of the vote to cease any bottle club events. "I won't walk away quietly on this. If I were breaking the law ... that's one thing. But I'm not. I feel my rights have been taken from me ... that's how it makes me feel."

Four years after the referendum, the issue can be raised again by city council or by a petition of residents. The number of residents signing the petition would have to be equal to at least 25 percent of the highest vote cast for any office in the city in the last preceding general election.

--Titusville Herald 5/22/02

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