Zoning board denies exemption for two buildings on Washington|[08/06/2008]

Published 12:00 am Wednesday, August 6, 2008

It opened in March as a family-friendly business – but police say it has been operating as a nightclub and members of the Vicksburg Zoning Board agreed Wednesday the non-conforming use will not be allowed.

Anthony Chiplin asked the lay board for an exemption for buildings at 2321 and 2624 Washington. The former, once operated as Mr. C’s Cafeteria, has been operating since March 6 under a variety of names, including “Family Entertainment Center,” “Chip Off The Old Block” and “Club XXL.” The second address has no businesses in operation.

At Wednesday’s meeting, about 30 people raised their hands as opponents of the nightclub and six, including Vicksburg Police Chief Tommy Moffett, voiced their opposition. The board’s unanimous decision may be appealed to city officials.

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“Mr. Chiplin has been a wolf in sheep’s clothing with this place since day one,” said Moffett, who told Chiplin to cease illegal operations or face being arrested in early June. “He said it was strictly for children. The business opened under the name Family Entertainment Center, but all the fliers that come out for some kind of entertainment read Club XXL.”

‘Mr. Chiplin has been a wolf in sheep’s clothing with this place since day one.’TOMMY MOFFETTPOLICE CHIEFChiplin countered that his petition had the simple purpose of compliance with city requirements.

“We have nothing to hide from anybody,” he said.

“We’re operating as a kids’ nightclub. Well, I wouldn’t say it was a kids’ nightclub, but we had dances for the kids,” Chiplin added, who did not speak of any plans for the second address on Washington Street. “We don’t have alcohol on the premises, so I don’t know what the problem is.”

Various fliers circulated the city advertising Club XXL after Chiplin opened his business, some of which announced a wet T-shirt contest, VIP bottle service and free drinks for women. Chiplin said his DJ made the fliers without his knowing, and no such events have taken place.

The business license Chiplin holds essentially allows him to operate a pool hall with no alcohol or food sales. Chiplin said he has never allowed alcohol on the premises, but has collected a cover charge and hosted DJs at his business – which falls under the legal definition of a nightclub.

“The fact of the matter is he or his DJ has attempted to operate it as a nightclub ever since it opened,” said Moffett.

Many of those who spoke against a nightclub near Washington and Speed streets said the area is already crime-ridden, and added such a business would only lead to further crime. Some referred to a June 8 shooting at 712 Speed St. that left one man dead and another injured, and more recently a drive-by shooting on July 29 at Speed and Marshall streets that resulted in no injuries.

“Speed Street already has enough issues. The last thing we need is a nightclub in the area,” said Bill Garmon, co-owner of the nearby Marshall Apartments. “It’s like opening a gun store in Baghdad.”

Chiplin said his business is not the cause of area crime, and he is only trying to give area kids something to do.

“Everyone wants to put it on us, like we’re the cause of the problems in that area. We’re not, there were problems before we ever opened,” he said. “I see a lot of opposition here, but I want to ask the community one question: What have you done for the kids?”

Zoning Board Member Casey Fisher, a minister and postal carrier, said he respected Chiplin, but could not see granting him the exemption with so much police and public opposition.

“Mr. Chiplin is one of the hardest-working men I know. I don’t want him to be painted as a wolf in sheep’s clothing,” he said, “but these people are saying they don’t want it in their neighborhood.”

Chiplin has 10 days to contact the city clerk if he wishes to appeal. Meanwhile, Moffett said any further nightclub events at Chiplin’s business could land him in jail.

“I haven’t seen it myself, but I have been told there is still some club activity going on in the back,” said Moffett. “We’ll be monitoring it, and if there is anything illegal going on we’ll make arrests.”

On the agendaMeeting Tuesday, the Vicksburg Zoning Board:Granted an exception to Golding Barge Line to place two manufactured double-wide structures at 101 Lee St. for up to 18 months. The company is building an office complex on the former Central Industries site.Granted an exception to Kinder Morgan to store iron at 1355 Haining Road.Granted an exception to Yokena-Jeff Davis Water District to install a ground level, 200,000-gallon water tank and pump on Redbone Road just inside the city limits and a variance to the front yard setback requirement from 50 feet to 29 feet.Approved allowing Malcolm Montgomery to build a storage shed on his property at 152 Roseland Drive.Approved rezoning of property at 5677 and 5725 North Washington from L-2 heavy industrial to A-2 agriculture/industrial.