Police chief suspends Dixie’s extended hours permit
Citing public safety concerns, the Cape Coral Police Department has suspended the extended bar hours permit for the Dixie Roadhouse.
Using emergency powers authorized by the Cape Coral City Council when the body approved the option for a later closing time for venues in the South Cape, Police Chief David Newlan issued the suspension on Dec. 12, four days after an early-morning altercation among more than three dozen patrons took place outside and near the establishment.
The permit suspension does not affect regular operating hours, only the city-approved later weekend closing time.
The hand-delivered suspension came after a Dec. 8 incident in which approximately 40 patrons reportedly left the Dixie Roadhouse shortly before its 3 a.m. closing time and fought on Southeast 47th Terrace and in the public parking lot across the street from the nightclub, according to a release from the CCPD issued Wednesday.
More than a dozen police officers were needed to break up the numerous fights that had erupted, officials said, adding that “crowd members were yelling gang affiliated comments that were determined to be a gang out of Fort Myers that is also on the U.S. Attorney’s Most Violent Offender List.”
Dixie Roadhouse has the right to request an emergency public hearing before the City Council to appeal the suspension.
The bar also has 30 days to request an appeal, which is to be conducted within 21 days after the appeal is filed.
Dixie Roadhouse officials said late Wednesday 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.
According to the release, “Chief Newlan’s concern was about the increasing threat to the public health, safety and welfare resulting from activity at Dixie Roadhouse which is compounded by the Dixie Roadhouse’s failure to correct conduct or activity that has resulted in a negative impact on the health, safety, and welfare of the public generally, as well as of the patrons. More specifically, they have failed or refused to take reasonable precautions to discourage unlawful activity including, but not limited to, disturbances and vehicular use by intoxicated patrons.”
According to the CCPD, there were other incidents.
In September, patrons were involved in six separate incidents concerning intoxicated persons, the release states.
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.
The extended-hours permit was issued to Colosseum, LLC, owner of record of Dixie Roadhouse and Rockade, by the city in April, shortly after the city council voted at its March 19 meeting to give South Cape venues the option of extending bar hours from 2 a.m. to 3 a.m. on weekends and some holidays.
Venues must apply for an extended hours permit, which is subject to conditions imposed by the city.
In addition to the Dixie, Backstreets and Remixx Lounge applied for extended hours permits.
The hours issue is expected to be revisited in March by City Council to determine whether the program will continue.
Councilmember Jennifer Nelson said Thursday that she had spoken to Newlan and asked if the incidents outlined could have happened at midnight or any other time. She said she was told they could have.
Still, she said an instance like this could instill fear that something worse could happen and that could result in the pilot program being pulled again as it was in 2015 following a pilot run.
Before any decision is made, Council will have to look at the hard data, she said.
“It’s unfortunate what happened, but I think people who come over the bridge are not Cape Coral residents. It will be interesting to see what we decide long term,” Nelson said. “We need to see if it’s worth it. The health and well-being of our residents is No. 1. We tried it for a year, but it may not work long-term.”