Whether CJ’s Sandbar is a tavern or a restaurant is the ultimate question as far as Adam Cohen of Steinhardt, Pesick and Cohen Law Firm is concerned.
Cohen’s clients, Carl and Joan Slomczenski, own CJ’s Caf? and Sandbar and were recently ordered by the Village of Lake Orion to ‘cease and desist? any live music or entertainment.
According to village ordinances, taverns and cocktail lounges require special permission and permits from the planning commission to have entertainment, and the Sandbar hasn’t obtained those things.
‘Entertainment was never discussed as part of their approval,? said Village Manager Paul Zelenak. ‘They never received special approval for a cocktail lounge and tavern.?
But, according to Cohen, the Sandbar isn’t a tavern. Instead, it’s a restaurant featuring a full service bar, and therefore does not require permission for entertainment, like live music.
‘CJ’s was approved as a restaurant and continues to be a restaurant,? Cohen said.
At the Village Council’s June 22 meeting, councilmembers voted to issue the cease and desist after reviewing the Slomczenski’s application and paperwork for the Sandbar from 2004 at the behest of Lloyd and Kathy Coe, owners of Ed’s Broadway Gift and Costume building, which includes the apartments above.
The Coes say they and their tenants have suffered through years of noisy neighbors in violation of village ordinances on noise levels and live entertainment.
‘I think we were put in a position that we’d rather not be in because of some decisions that may or may not have been made in the past by the village,? said Lloyd of the village’s zoning and ordinance decisions relating to the Sandbar.
The couple sought legal advice from an attorney which instigated the village’s ultimate order to end live entertainment at the Sandbar.
Lloyd and Kathy Coe declined further comment on the issue.
Now Cohen and the Slomczenskis are appealing the village action at the Board of Zoning Appeals (BZA) August 6 meeting in hopes of recognizing the Sandbar as a restaurant and retaining the Sandbar’s live entertainment.
‘Based on some disgruntled neighbors, the village council decided ‘we’re going to say that retrospectively it’s a bar,? and it’s not, it’s approved as a restaurant,? said the Slomczenskis? attorney. ‘A village isn’t allowed to recharacterize businesses in its community willy-nilly. I think the effort to do so here is improper and we’re fully prepared to demonstrate that.?
Until the BZA meeting, the Sandbar is allowed to continue with entertainment, but will still need to stay within normal ordinance limits.
‘We will simply monitor the noise level as we do with any other restaurant, business, residence or vehicle,? said Lake Orion Police Chief Jerry Narsh. ‘Ultimately we just hope that both parties can find a resolution that allows for their businesses to prosper.?