civus
Hearing video

ZBA Hearing - March 9, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 9, 20213h 17m

Okay, thank you.

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is your understanding that somebody who walks into let's say this is approved

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is your understanding that a gambler that would walk into Chickie and Pete's and then back into

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the 2600 square foot glass enclosed sports book to do sports gambling would stay in that

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glass-enclosed room for the duration of the time that they were doing sports gambling or did you

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also consider that they may come out into Chickney and Pete's proper and let's say hang at the bar

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but therefore freeing up room in the 2,600 square.

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Therefore, freeing up room in the 2,600-square-foot glass-enclosed room for other people to be there.

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In other words, I'm questioning your reliance on the number of seats at the 2,600-square-foot glass-enclosed room as opposed to the number of people that will be drawn into the building because of this sportsbook.

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Well, you have to think about the characteristics. So if the full capacity of the restaurant with no changes to the use, all of those seats would be available. The new one, you're reducing it by 79.

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So the reason how we characterize the user in a sports book room is that those seats, if you think they, the seats in the restaurant traditionally turn over between an hour and an hour and a half.

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If you, you know, traditionally there's a longer dwell time in the sports room.

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um those patrons stay there longer which is why the trip generation is shown to be

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lower than if it was a full capacity restaurant to your question of whether they leave that space

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so if they left that space and went into the um into the restaurant you know what we call that

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is a lot of times it's um trips that again it's actually reducing the trips to the restaurant

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because suppose they left the restaurant, that would be a trip out. And then somebody new came

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in and they filled the seat in the existing restaurant. So that would be a trip out and a

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trip in. If the person from the sports book room decided to go into the restaurant, that's not a

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trip out of the site and into the site they go into the restaurant and then there is a trip in

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um if suppose if someone did take their their place within the sports book room

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i don't you you're you're you're keep referring to seats now there's a lot of area you've been

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into this chicken and pizza in the past i assume well i'm kind of i'm saying a seat both it could

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be a sit-down restaurant seat or a bar seat. I don't, have you been to this Chicky and Pete's

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previously? No, I haven't. I'm not trying to embarrass you. I'm not embarrassed. I have not

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been within the Chicky and Pete's, this particular one. Okay, well, let me suggest to you that

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there's plenty of room to stand, but like a, you know, typical sports bar, there's certainly seats

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at the bar, but you can stand when there's not enough seats at the bar, you could stand with

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your friends in a little circle or behind the person seated at the bar, sort of just like any

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other bar. And so what I'm questioning is not, well, I'm not saying there's not enough parking

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spots per code. We're not talking about whether this meets the code. We're talking about a special

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exception and whether this is going to cause congestion in the public streets and whether

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that there's enough parking. And what I'm suggesting to you is that let's say on a typical

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Saturday day, daytime, middle of the day, when there's many, many college football teams

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playing or the middle of a Sunday, when there's many, many NFL sports teams playing during the

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day right the one o'clock games or the 105 games um that it might be and that the addition of this

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sports book here is going to cause a standing room only situation at the chickie and pete's

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now i understand that will be regulated by the fire code only a certain number of occupants can

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be in the building so i'm not saying they're breaking any laws but what i'm saying is that

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that could be a much greater number of people in that building therefore and having you know

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driving cars to get there because of this sports book that I don't see reflected in your data

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unless you can point me to that and I'm you know happy if you can point me to that I guess that's

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the nature of my question because you keep referring to a fewer number of seats but I'm

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again expanding you to the full chicken peeps premises and i'm and i'm suggesting to you that

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there's plenty of standing that places to stand and drink beer and watch the game and i and i don't

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see where your analysis touches on that well i think the first thing excuse me i believe she

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well i think the first thing excuse me i believe she can answer that but it's somewhere in there

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can answer that but it's somewhere near the most

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there must be a question i mean it was like a five minute monologue actually i have an answer

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i have a question sure miss ferrera when you speak about seats are you talking about

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seats at a table or are you also including seats at the bar including seats at the bar

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and at a table so if the sports betting uh venue is created you talked about the reduction in seats

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the bar correct me if i'm wrong uh i don't know mike you may have it the bar that is currently in

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that room goes away is that correct correct correct that'd be that many based on what paul's

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saying that would be that many less people standing at the bar because i think i know where paul's

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going so it's strictly seating it's not standing at a bar correct but when there's seats or seats

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but it's the way in which people uh participate when they go to a bar or chicken peats they're

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either sitting at the bar or they're standing and that adds to the population so what i'm suggesting

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is not only would the proposal be reducing the number of seats and correct me if i'm wrong it

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would also be the reduced the number of people who would be standing at a barn as well that's

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correct that is correct so i think remember we are if if we didn't change the use um the

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the number of people standing could use the full space um they can fill in the space per the fire

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code what we're saying is comparing it to the change in use where you're taking that 2600

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square foot, you are configuring it. And with that, again, the characteristics of the people

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in that space, they dwell, their dwell time is a little bit longer. And, you know, they may not

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be able to get the density in there with the equipment that you have out in the existing

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restaurant. So yes, I do not expect a change in that density, even during the full, during the

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full, these, you know, sports days, which again, we study the traditional peak. So we have the

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weekday commuter peak is the highest peak, again, probably on the adjacent roadway network. So if

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you talk about that, we'll look at the changes there. We look at the weekday restaurant peak,

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Or it would also be the peak at the casino, which, or the sports room, sorry, I apologize for that, which would be a little bit later, would be 7 o'clock, and then the Saturday peak, which would actually be more the evening than the afternoon.

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but um you know again and also to clarify my earlier response when I was talking about the

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trips in and out of the site it really wasn't parking it's talking about trips coming in and

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out so I was saying if somebody left the um the sports book room and went into the restaurant

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then they didn't leave the site and come in like that didn't produce any additional trips or traffic

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they went from one room to the other if they just left and somebody came into the restaurant

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then that would you know that's actually less trips for them to go from one room to the other

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than for them to leave and someone else come in yeah and it has nothing to do with the parking

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it's you know when you think about congestion you think about the number of trips in and out of a

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site yeah yes but i understand but that your your um factor is the number of seats whether the table

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or at the bar and i'm suggesting that if a gambler goes from the 2600 square foot and went to the

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standing room only of the restroom bar then that there's more people involved than you're suggesting

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because more people are coming into that sports book

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because they've got this overflow area.

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So let me-

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But they didn't come in and out of the site.

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So wouldn't you rather them fill the space in the bar

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than a new person coming into the restaurant?

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Yes, but more-

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That's actually less trips.

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All I'm saying is more people are in the building

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given what I'm saying.

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So let me ask a question.

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You're talking about traditional peak time.

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The first component of that is weekly commute.

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Well, are you saying that weekly commute time is particularly relevant for a sports book?

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There's a couple of different timeframes we look. So we always include the peak, just what the changes are to traffic during the time when we expect on the adjacent road network traffic to be the highest.

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There's a couple of different timeframes we look.

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So we always include.

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So the weekday, the Friday or the weekday commuter peak, although that's not the peak coming in and out of the restaurant, the restaurant is open, does have some trips. That's the peak of traffic on the adjacent road network.

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If we talk about after that seven o'clock, traffic does die down on the adjacent road network. You know, it might be a little bit greater at the restaurant. But when you when you add that to the traffic on the adjacent road network, which is much lower during that time, you know, the traffic operations, you know, are less than when you study those critical times of the peak hours on the adjacent road network.

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Thank you. Thank you. Did you make an assumption as to when is the peak times for the sports? And I appreciate what you're saying is that the roads are mostly clogged, you know, when people are going to work in the morning and coming home at night and at other times during the week.

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I'm asking you, for the traffic going to the sports book, do you have a, did you make an assumption as to when during the week or when during the day that exists?

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Yes, we picked a Friday evening and Saturday evening times, and it is an assumption.

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Okay, because there's certainly games during the daytime, you would agree, right, obviously, you don't even have to answer that.

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So, and of course, what we're also talking about here is whether there's a sufficient number of parking spots in the parking lot.

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And that, you know, that's not, you know, we didn't talk about that yet.

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And so, did you look at how much traffic would be generated by this facility and at what time during the day?

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and so let's say a saturday daytime well when we do an assessment we usually do

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sort of the peak because when you're looking at traffic you want to say

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during the highest peak you know what do we need for traffic so well we did two things we looked at

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um uh we looked at the zoning code so we did look at the zoning code and it said that based on the

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zoning code there's uh you know a five need five more spaces um and again during that peak time

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it would be you know after seven o'clock or around seven o'clock when a bunch of the other uses are

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closed so that's the thing about um assessing parking in a shopping center or that there's

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multiple uses and they all are open during different times so in the evening there's

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excess spaces available because a lot of the other facilities are closed. So we're showing

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that an additional five spaces is required, but there's well in excess of that available during

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that time. And the five is from the assembly and entertainment section or the casino section?

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The assembly and entertainment section, yes, the applicable section. Yeah. I'm going to wrap up. I

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have one last question um you talked about the dwell time um and i can you explain what that is

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and i think you said i can hold a second and i think you said it's longer um either at the

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sports book or at the restaurant or maybe i had that backwards but if you can elaborate on that

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i can't but i didn't follow exactly what you're saying okay so even within the methodology

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if we say a restaurant if you have a fast food restaurant you expect people to be in and out in

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a half hour so the amount of trips that you expect coming in and out of a fast food restaurant

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are much higher than if you said you have um uh a traditional um a high quality no i think this

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one is classified as um is it a high quality um i'm sorry i'm just trying to get the exact code

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so oh high turnover um this one is a a sit-down restaurant high turnover sit-down restaurant

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which you would expect that um like an hour to an hour and 15 minutes you know the the trips

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are turning over so that's more trips in and out of the site during an hour because the table turns

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over. If you had a fine dining, they would be there longer. And so in an hour, there's less

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they would be there longer. And so in an hour, there's less traffic coming in and out of the

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site. And that's similar to the sports book. Traditionally for a casino use or the sports

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book use, they stay within the facility longer, which means there's less traffic going in and out

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in an hour. Okay. And I'm going to forgive me, but I'm going to focus in on that last point you make

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because I want to understand the extent to which you're relying on statistics or data gathered from a casino

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as a sort of traditional casino that has been studied in the past years, as opposed to a sports book.

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And when you're saying that people stay in a casino for a long time,

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I'm asking you, is that data from the sportsbook component of the casino, or is that just from the full river?

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Well, again, when I'm talking about the dwell time, there's multiple data to support that.

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So the first thing I just want to point out is this room is both for race and sportsbook parimutuel facility.

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It's not just sports book. It also includes the race use.

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So the data is based on other uses similar to the race,

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the race facility and also casino uses not specific to the sports book.

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okay so so some of the data comes from casinos and not specifically sportsbook and some of the

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data comes from off-track betting partners is that what you're saying yes okay and where is that

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referred to in your report or it's okay okay it's not but none of the assumptions are based on that

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so it didn't need to be quoted i'm not faulting you i'm asking you if i can find it so no the

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data is not there but um you know there's um oh much data on those two different types of uses

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and uh and again um if you're just looking at the counts that were coming in and out of

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um the turf club as opposed to the number of seating positions that were there at the time

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when it was counted it's very clear well okay so so to sum up you're you're assuming that the sports

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book um operation is similar enough to the traditional casino and the otv to draw your

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conclusions yes it's conclusion based on the data okay and and from where did you get the uh some

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you know did parks tell you um data about their sports book parks it i i don't know if i understand

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the question like how long people are in like whether people betting on um sports are um have

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a different dwell time than people betting on um the racetrack they did not okay i have no further

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the questions. Thank you for your time. I'm going to apologize to my board. Does anybody on the

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board have any questions? I apologize for not asking you earlier today. I guess Mr. Chairman.

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No. Yes. No. Mr. Holloman. Mr. Holloman does. Yes. Yes. I was wondering if the study

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took in consideration employees' parking.

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Is that included in the study for long-term parking?

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In the parking analysis,

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the parking analysis was based on the requirements of the zoning code.

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And it did not specifically address,

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well, an employee parking is included in there.

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It's both employee and patron in the requirements.

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And does that affect your calculation?

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Because employee parking, they'll be there eight hours at least all day.

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Yes, it's included.

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It's the parking is for both employees and patrons.

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Thank you.

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Yep.

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Any other questions from the board?

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Mr. Mattione?

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I have no further questions, Mr. Chairman.

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All right.

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Any other witnesses, Mr.

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Marioni?

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I have Jerry Fretz.

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I have Jerry Fritz.

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You know, again, I'm going to buy you.

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You know, again, I'm going to buy you.

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I guess it's not a conflict.

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I'm going to buy you a better microphone.

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I'm going to spend my money so I can hear you better.

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I am sorry, Mr. Chairman.

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I will lean off.

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I'm taking a public statement, so no one accused me of doing anything more.

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I'll waive any objections.

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I appreciate that, Mr. Bonnie.

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Thank you, Chairman.

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Jerry Fretz.

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good afternoon mr frets please identify yourself for the record spell your first and last name

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and i'll swear you in good afternoon chairman chico respected members of the board my first

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name is jerry last name frets f-r-e-t-z currently i'm sorry your address you're affiliated with

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parks casino i'm the director of security thank you you swear and affirm to tell the truth the

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truth nothing but the truth yes sir i do please proceed thank you thank you mr chairman i did

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include uh mr pretz's cv i believe i don't know maybe exhibit seven just check i was going to put

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