City of Clearwater PLUS

Ongoing Food Sales by Shephard’s Beach Resort on Public Beach – Possible Violation of Clearwater Code Section 22.53

⚠️ **Please do not close this request** on SeeClickFix until the following actions are completed **and findings are posted publicly** here on the platform:

1. A formal investigation into the issue has been conducted.
2. A determination has been made as to whether **Shephard’s Beach Resort is permitted to sell or serve food** in the subject area **without violating City Code**.
3. Findings are posted regarding whether **food is currently being served on the public beach** behind Shephard’s by its staff.
4. Findings are posted regarding whether this food service activity **violates Clearwater Code Section 22.53**, along with an explanation of why or why not it constitutes a violation.

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### 📌 Complaint Details:

This complaint concerns the apparent **sale and service of food by Shephard’s Beach Resort staff on public beach property**, directly **south of the establishment**.

This activity seems to directly violate **Clearwater Code Section 22.53**, which expressly **prohibits peddling food upon any public beach**.

Please note:

* **This complaint is not about alcohol sales.**
* This is a **new complaint**, distinct from prior complaints about alcohol or deck construction.

A similar complaint was submitted on **June 13, 2025** and closed without explanation, with only a note stating that **Lauren Matzke was investigating the matter**:
https://seeclickfix.com/issues/19239348

Despite that, **Shephard’s staff continues to openly advertise, sell, and serve food on the public beach** — a practice that appears to have gone unenforced for many years.

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Key Questions:

* Why has this activity been allowed to continue on public land?
* Has any exception or permit been granted? If so, can it be posted publicly?
* If no exemption exists, when will enforcement begin?

Request for Transparency:

Please use SeeClickFix as intended — for public transparency and updates. This is a straightforward code issue involving clearly defined conduct on public property.

I respectfully request that all findings, decisions, and next steps be shared **on this platform** so that the public may follow the process.

Thank you for your time and attention.

Sec. 22.53. - Merchandising, vending, peddling.
No person other than the department or regularly licensed concessionaires acting by and under the authority of the city shall expose or offer for sale, rent or trade any article, food or drink of any kind, service or thing or station or place any stand, cart or vehicle for the transportation, sale or display of any article or merchandise within the limits of any public beach, the Courtney Campbell Causeway Recreation Area, or park except by written authorization from the department.

(Code 1980, § 116.85(a); Ord. No. 6437-99, § 15, 8-19-99; Ord. No. 6462-99, § 9, 11-4-99; Ord. No. 8007-08, § 1, 11-18-08)

Ongoing Violation of Clearwater Code 6.31 – Alcohol Service on Public Beach Property

This is a renewed complaint regarding the ongoing, unlawful service of alcohol on **public beach property adjacent to Shephard’s Beach Resort**.

The activity in question occurs on a deck structure built **beyond the seawall**, extending over publicly owned sandy beach — not private land. Alcohol is being sold and consumed on this portion of the property in **direct violation of Clearwater Code Section 6.31(4)(c)**, which clearly prohibits alcohol sales, possession, and consumption on publicly owned property. The ordinance includes **no exception** for leased property or easements.

Despite previous reports — #19239395
(https://seeclickfix.com/issues/19239395

and #19266587
https://seeclickfix.com/issues/19266587)
— being closed without explanation, the violation continues. No public comment has addressed:

* Why enforcement has not taken place;
* Whether the presence of a lease, easement, or similar agreement is being cited as justification for nonenforcement — and if so, **on what legal basis**, since Clearwater Code 6.31 makes no such exception;
* Whether any city department or external agency is currently enforcing or investigating this matter.

I respectfully request:

* That this complaint remain open and visible until properly resolved;
* That updates be posted **publicly** here, not solely through internal communications;
* That the City clarify whether it intends to enforce Section 6.31 in this situation — and if not, to explain clearly and publicly why not.

This matter involves **public land, public safety, and public accountability**. Residents have a right to know how city laws are being applied — and whether certain entities are being allowed to ignore them without consequence.

If I’ve misunderstood something, I welcome clarification — but again, please post it here for public transparency.

Thank you.

– Easement Obstruction by Shephard’s Beach Resort

Easement Obstructed by Commercial Use – Shephard’s Beach Resort

This complaint concerns the improper and potentially unlawful obstruction of a **public recreation easement** located on the beach adjacent to **Shephard’s Beach Resort**, as recorded in **O.R. Book 5776, Page 120**.

According to the recorded easement document, Shephard’s granted the **City of Clearwater** a **permanent, nonexclusive easement** over the beach area lying **within 50 feet seaward of the seawall**, to be used for:

“…the purpose of recreation and public use in general.”

However, this area is now **routinely obstructed by personal watercraft** (jet skis) which are staged, parked, and stored there when not in use. This area also serves as the **operational base for a commercial jet ski rental business**, with employees using the adjacent shed for storing life jackets, paperwork, clipboards, and other commercial materials.

This use raises significant concerns:

* The presence of idle personal watercraft **blocks public access and recreational use** of the easement area.
* The use of the space as a **commercial staging and storage area** appears to directly violate the purpose outlined in the recorded easement.
* The **City of Clearwater is the Grantee**, and therefore responsible for **protecting the public’s interest and access** to the easement.

**Request:**

* That the City investigate the current use of this easement area by Shephard’s Beach Resort and determine whether it is in violation of the recorded terms.
* That all personal watercraft and commercial materials be removed from the easement zone unless a lawful exception has been granted — and if so, that the exception be made public.
* That this complaint remain **open** and actively updated on SeeClickFix to ensure public transparency in the enforcement process.

If further documentation is needed, I will gladly provide a copy of the recorded easement or any relevant photos of the obstructed area.

Thank you for your time and attention to this matter.