Dixie Roadhouse appeals suspension of extended hours permit
The Cape Coral City Council will hold a special meeting to consider an appeal by Dixie Roadhouse whose city permit to serve alcohol during extended weekend hours was suspended by the Cape Coral Police Department.
The meeting, to be held Tuesday, Jan. 8, at 4:30 p.m. at City Hall, is open to the public.
The permit suspension does not affect regular operating hours, only the city-approved later closing time.
Using emergency authority granted in the city ordinance allowing for extended hours for venues in the South Cape, Cape Coral Police Chief David Newlan suspended the permit on Dec. 12 citing “an immediate and serious danger to the public health, safety, and welfare” after an altercation involving more than three dozen individuals took place outside the Dixie on Dec. 8.
Approximately 40 patrons exited the Dixie Roadhouse shortly before the 3 a.m. closing time and fought on Southeast 47th Terrace and in the public parking lot across the street from the club, according to a prepared statement from the CCPD.
More than a dozen police officers were needed to break up the numerous fights that had erupted, officials said, adding that crowd members included individuals believed to be affiliated with a Fort Myers “biker gang.”
No arrests were made in connection with the brawl.
According to the CCPD, there have been other incidents.
In September, patrons were involved in six separate incidents concerning intoxicated persons, the agency said in its release announcing the suspension.
Two patrons were found passed out, one in the bar and the other in a public parking lot. Two patrons were arrested as a result of DUI incidents, one of which resulted in a DUI-related crash, according to the CCPD.
Police were called regarding an intoxicated patron who mistakenly reported his vehicle stolen from a public parking lot and another intoxicated patron threatened police officers in an unsuccessful effort to get them to kill him, according to the release.
Dixie Roadhouse officials said in an earlier response that they are working with the police department to resolve concerns.
“We have always fully co-operated with the Cape Coral Police Department and we will continue to do so until this matter is completely resolved,” said David Townsend, Dixie Roadhouse marketing director and co-owner, in a statement via a text message.
The ordinance allows extended hours permit holders to appeal any suspension. They are allowed 10 days to make that request, in writing, to the city manager who then “shall schedule a public hearing by the City Council as soon as practicable, which will consider the appeal and make a decision based on the criteria set forth.”
Dixie Roadhouse can then appeal any City Council decision regarding its extended-hours permit to the Circuit Court in Lee County within 30 days.
Three South Cape venues applied for extended hours permits which extends bar hours from 2 a.m. to 3 a.m. on weekends and some holidays.
Backstreets and Remixx Lounge are the other two.
City Council first voted in 2015 to extend bar hours in the South Cape to 4 a.m. on a trial basis.That pilot program was not continued.
Council then voted to offer the option of extended bar hours in the South Cape from 2 a.m. to 3 a.m. on March 19.