Birmingham City Council delays action on revoking licenses for nightclub

The Birmingham City Council, at its regular meeting for Tuesday, Nov. 7, voted to delay action on the possible revocation of business and other licenses for Onyx Lounge, a nightclub located near Legion Field that was the scene of a fatal shooting in mid-October.

After a lengthy public hearing, members (8-1) voted to approve a motion by Councilor Steven Hoyt to delay action on the revocation for 16 weeks while the owner of the establishment, Keith Davis, is given a chance -- along with his newly hired general manager -- to address some of the club’s problems.

The no vote came from Councilor Sheila Tyson, who said that she has received numerous complaints from constituents concerning excessive noise and other issues at the club, which is located at 615 Eighth Ave. West.

The Council Chamber at City Hall was packed for the meeting, with many College Hills and Graymont neighborhood residents on hand to speak either for or against revocation of the club’s business licenses, lounge-retail liquor license and Division 1 dance permit.

Det. Ralph Patterson of the Birmingham Police Department said that there have been about 15 incidents connected to the club in the last six months, including the homicide, as well as burglary, criminal mischief and some thefts of vehicles or other property.

Summer Childers of the Alabama Beverage Control Board told the Council that the club has received nine citations since opening in 2008, including allowing criminal conduct and selling liquor on Sunday.

Many of the residents, mostly middle-age and older, who spoke in favor of revocation complained of excessive noise at the club, sometimes until 5 a.m.

“The noise level has been an ongoing problem for years,” said one College Hills resident.

She said that Onyx has been “an ongoing nuisance.”

However, numerous residents spoke against revocation, with many saying that Onyx and the club’s owner are often blamed when any noise or crime takes place in that area.

Some said that Davis is a young African-American entrepreneur who deserves a chance to keep his business open and continue to provide some badly needed jobs

“To close the club is not the answer, especially in a community that needs economic growth,” one young woman said.

Through his attorney, Davis submitted a “correction action” plan to council members late on Monday, Nov. 6.

The document listed specific steps that Davis and his new GM, Iva Williams, intend to take to make the club safer.

“We are going to change the way we do business,” Williams said.

“We want this to be a community event-friendly place,” he said, adding that they are planning to hold some events for older people in the area, such as a bingo night and an old-school R&B night.

Davis also paid for an assessment of the club’s security by consultant and former policeman and U.S. Marshall Randy Foster.

Some of the council members seems to be impressed by the document that Onyx submitted.

“You have come with a very thorough corrective action plan,” said Councilor Darrell O’Quinn.

It was then that Councilor Hoyt, who serves as chairman of the body’s Public Safety and Transportation Committee, submitted his motion.

“Let’s see how the man is going to operate,” Hoyt said.

The motion passed, but with the stipulation -- added in an amendment by Councilor William Parker -- that the council’s Public Safety Committee hear updates once a month from the police, neighborhood association and other stakeholders on how the club is doing in adhering to its new plan.

Rezoning on Montclair Road

The Council voted 8-1 to approve the rezoning of a property at 720 Montclair Road from B-6, Health and Institutional District, to “Q” C-2, General Business District.

A developer intends to turn the facility -- a 50,000-square-foot building near the Levite Jewish Community Center that is part of the old Trinity Hospital site -- into an indoor, climate-controlled storage facility, according to Tracey Hayes of the city’s engineering department.

The request was filed by developer Ed Drummond, representing the owners, Baptist Health Systems.

The building in question built in 1990 as an orthopedic rehabilitation facility, according to Drummond, who promised “a very attractive facility.”

“It will look better after we are done with it,” said Drummond, who added that there will be less traffic in and out of the facility than in the days when Baptist Health System operated the rehab facility.

Hoyt raised doubts about the plan. “I don’t think this is the highest and best use” of the property, he said.

“If we could think of a higher use, we would employ it,” Drummond said.

Drummond also argued that the area is underserved as far as storage facilities with vacancies.

Council President Valerie Abbott said that Crestwood residents seem more concerned that a decent use be found for the building fairly quickly, since it has sat vacant for a while.

“The community is concerned about transients lurking in the area and they are more concerned about having an occupant,”she said. “I think the neighborhood thinks this is an improved use over what it is currently is. They don't want retail and restaurants. They don't want it to turn it into a commercial strip center. It will look like the office building that it's always been.”

Hoyt was not convinced, arguing that this was an example of “spot zoning” -- changing the zoning on a property to fill a short-term need or benefit one business while not employing a long-range vision for the community.

“I know planning,” he said. “I’m a student of planning, and I know a train wreck when I see one. This is train wreck.”

The zoning change was recommended by the council’s Planning and Zoning Committee.

It was also approved in August by the Crestwood South Neighborhood Association, according to Hayes.

Legion Field’s future

The Council, before concluding a nearly five-hour meeting, passed a resolution supporting the development of a long-term master plan for Legion Field.

The resolution was submitted by Parker, who is the chairman of the Park and Recreation Committee.

“How do we improve the area around Legion Field?” Parker said. “As we move forward, do we put money into Legion Field for upgrades?”

In a separate agenda item, members also voted to accepting a lump sum bid of $977,000 from A.G. Gaston Construction of Birmingham to do some renovations at Legion Field.

The expenditure was part of a recent bond issue, according to City Engineer Andre Bittes.