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The people who fought the opening of the Zodiac Private Club on North Road admit they’ve been beat for now. But they say they will keep hoping and praying it will shut down.
Opponents of the club fought its application for a license to serve alcohol, with the issue landing before an Administrative Law Court judge. On April 30, the judge ruled the club can serve alcohol as long as it abides by certain restrictions. And then, last month, it received its license to serve alcohol.
“I was disappointed the license was granted because I believe our protest with them locating a strip club in a residential area and an on-premise license in a community is detrimental,” Orangeburg Baptist Tabernacle Pastor Thomas Brookshire said.
“We’re going to continue praying the business will close. We believe it’s a detriment to the community it’s located in and we believe it’s a detriment to Orangeburg County as a Community of Character,” he said.
Residents of the area collected the signatures of at least 380 people opposed to a license for the club, which is located on the corner at North Road and Twelve Oaks Drive in an old warehouse.
In the ALC’s order, Zodiac is described as, “a members-only, by-invitation-only club and offers adult entertainment.” The nearest residence is 231 feet away.
Zodiac’s application for the license was made by Hunter-Kinard-Tyler High School football coach Jermaine Derricott, who is identified in the ALC order as “the principle member of the business seeking requested permit and license.” Derricott referred calls to Eugene James, who identified himself and Derricott as the two officers of the club.
James said Club Zodiac has abided by all regulations. He said he is the club’s manager.
Derricott’s involvement is “very limited,” James said, noting that Derricott was listed as the lone “principle” only to expedite license approval.
James said he has a lot of money invested in the business and “can’t just walk away.” But he expressed his sympathy with the concerns of the neighbors.
“I understand the concerns of the people in the neighborhood,” he said. “I have kids and a family as well.”
James said there have been no significant problems at the club since the Administrative Law Court’s decision. He says the club houses private gatherings like bachelorette and bachelor parties, as well as parties for alumni from area colleges and universities.
“When I was looking for a place, I was not aware of the fact that it would be a problem there,” James said. “We have steps in place to make the club safe for the people in the community.”
“They don’t want the club there because of the nature of the business,” James said, stressing that the business is more than a so-called “gentleman’s club.”
While the ALC judge granted the license to serve alcohol, the club is required to:
* Maintain adequate security lighting in the parking lot.
* Maintain visible security personnel both inside and outside the club during hours of operation.
* Take reasonable measures to prevent loitering outside the club and illegal activity inside the club and parking lot area.
* Take reasonable measures to ensure music or noise from the club and its immediate surroundings is not discernibly audible from the nearest residence to the proposed location when the doors and windows of the residence are closed.
* Ensure there is adequate parking and the club patrons do not park without permission on private property not owned or leased by the Zodiac.
The judge’s order concludes by noting the, “violation of any of the ... conditions shall be deemed a violation of the permit and license.” The Orangeburg County Sheriff’s Office on Monday reported there has been only one noise complaint filed against Zodiac in the past 60 days.
Brookshire said he’s thankful restrictions were placed on the club.
“They had taken into consideration our concerns,” he said. “I am pleased with the restrictions they placed on them.”
Brenna Kinard, who lives about a quarter a mile rom the club, used two words to describe her feelings.
“Hate it,” said Kinard, who has lived in the neighborhood for 25 years. “At first he was good about his music not being too loud. But now his music is loud. It starts around 11 p.m. and goes to 5 a.m.”
Kinard explained she has a 2-year-old grandson who visits her house often and says she does not want him exposed to the club.
“I would rather not have it in my neighborhood and all that goes along with places like that,” she said.
James said the club does not have any adult pictures outside identifying it as a adult club.
Orangeburg County Administrator Bill Clark, who attended the Administrative Law Court hearing on behalf of concerned residents along with Orangeburg County Councilwoman Janie Cooper, said he would “not second-guess the judge.”
“We will have to accept the decision and rely on the owners to live up to their commitment to operate in a proper manner and within the law,” Clark said. “They are entitled to due process of the law and the judge heard their case and heard the testimony of the county and she rendered a decision.”
Orangeburg County Deputy Administrator Harold Young said the club is operating legally within the county’s building codes, operation requirements and zoning regulations. The club was opened before Orangeburg County put its zoning regulations in place, allowing its operations to be grandfathered in.
But under a nonconforming use section of the county’s zoning ordinance, should the club be damaged or destroyed, work on its replacement must begin within 12 months of the time of damage or the vested right to rebuild would be forfeited.
“From a legal standpoint, we will monitor the situation from a compliance standpoint,” Young said.
Brookshire is resigned to the fact that the club will remain open.
“There’s not any more recourse we have. The only thing we can do is if they violate the terms of license,” he said. “That would be up to Sheriff’s Office to enforce something like that.”
T&D Staff Writer Gene Zaleski can be reached by e-mail at gzaleski@timesanddemocrat.com or by phone at 803-533-5551.