AUSTINTOWN — Another hurdle has been cleared in the township’s fight to end problems at a business along South Four Mile Run Road.

Zoning Inspector Darren Crivelli said the Austintown Zoning Commission, at an Oct. 30 hearing, approved a motion to rezone three parcels on that street to prohibit any operation of a restaurant, bar or club on the property.

The property, owned by Eli Alexander, DBA Alco Land Company LLC, has been operating for the past several years as the Zodiac Club Lounge and Grill.

“I told (the zoning commission) that if the ownership group brings us a project, we can grant a limited use variance to accommodate the project, but to have any type of business or restaurant there where people come and congregate, late afternoon early evening, into the night, we should never allow that,” Crivelli said.

The zoning change converts the property from B-2 business to B-1 business, which limits the use to professional services only.

“If the trustees approve this, it’s a legislative act,” Crivelli said. “The property ownership group then has 30 days to circulate a petition to go on the primary ballot.”

Crivelli said the case also could be brought to Mahoning County Common Pleas Court, but he would make the argument to the Mahoning County Prosecutor’s Office that the issue should be resolved through the ballot.

“We want the building occupied, we want it put to productive use and we want them to be good neighbors and not a burden or threat to safety services, to the other businesses over there and to the residential neighborhood,” he said.

Police reports and state records show a pattern of troubling behavior.

The Ohio Board of Liquor Control website shows citations connected to workers’ compensation violations, writing bad checks and tax problems.

Arguably, the most severe incident in recent years occurred Sept. 22, 2024, when police responded to another complaint from nearby residents about a full parking lot and noise coming from the business well after 4 a.m.

When an officer responded to conduct a liquor license inspection, a fight broke out just as he arrived and the crowd began to flee. Many fled back into the bar and locked the doors behind them so that other patrons and police could not enter the bar, while others inside were unable to exit, which constituted a fire code violation.

When the Ohio Investigative Unit arrived Sept. 27, they issued a state citation for hindering an inspection, per Austintown’s report, and found multiple other violations while they were there.

They found Zodiac serving mixed drinks using hard liquor in violation of the terms of the liquor permit, marijuana in the office, a handgun hidden in a basement trash can and nonspecific unsanitary conditions.

On Dec. 14, as patrons were leaving the business well after 3 a.m., someone fired more than 25 shots from a semi-automatic rifle and then sped off. Nobody was injured in the shooting, but trustees called for the business to close.

At a December meeting, Cochran told the township that Zodiac business owner Brian van Dussen’s month-to-month lease would not be renewed in January and that the locks had been changed.

But in August, in a meeting with Van Dussen and his attorney, they learned that Van Dussen still had access to the building and had never actually vacated it. Days after that, police were called to the business again after someone attacked Van Dussen’s son and his son’s girlfriend while they were at the building cleaning it up.

THE SEX CLUB

Those are just the most recent offenses. In November 2020, Crivelli’s office brought it to the attention of zoning and trustees that the Zodiac was running a sex club.

A Nov. 17, 2020, document addressed to Van Dussen’s attorney, John McNally, provided in-depth details of what was called “Lifestyle Legends at the Zodiac Club.”

Rules for the club, pulled from its website and social media pages at the time, include statements like “cleanliness is where it’s at.”

“Showering before all intimate (sic) activities is a great way to make new friends and influence others!”

Another says, “no unaccompanied single men in the dungeon.”

“Single men must be accompanied by … another single of your sexual desire, a couple, the Master or Mistress of the dungeon.”

The most graphic statement was under the heading “dress to impress!”

“You must look nice, this is a sex club where you are (coming) to (expletive),” and “also NO Gang Colors. You will be asked to remove the garment or asked to leave.”

Events promoted on the page included “Black Friday” for black single men, the “First Bi Night,” and (expletive) Me Friday.”

Crivelli said that operation was shut down, but in the township’s more recent interactions with the club, he again found part of the basement sectioned off with sheets, with mattresses and couches in those spaces. That also was shut down.

Crivelli said that is part of why he did not propose a zoning change to industrial use, because under the township’s zoning code, industrial use includes sexually-oriented businesses.

Austintown police Sgt. David Yohman testified at the October hearing. He worked for eight years as a patrolman, often on the midnight shift, and had countless run-ins with the Zodiac and its former iteration, Club Pandora.

“There were nights when one call at this location occupied nearly our entire shift, leaving limited coverage for the rest of the township,” he said.

“There have been nights at this address where we’ve had to call in help … from Youngstown, Canfield or the (Mahoning County) Sheriff’s Office just to manage the size of the crowd safely.”

Yohman noted that the interior of the building, with its narrow stairways, limited exits and confined areas, makes it difficult and dangerous for safety services to enter and control situations that arise there.

“This isn’t about restricting business growth, it’s about aligning future use with the residential character of the area and ensuring the safety of both patrons and residents,” he said. “In my professional experience as a police officer who has repeatedly worked in this area, the proposed zoning change is a practical and preventative step that supports community safety and quality of life.”

Crivelli said that while he understands the rezoning appears to be taking away the property owner’s right to use the land and building as they wish, that right also has to be balanced with the township’s responsibility to ensure the safety of patrons, neighbors and safety services.

“Those people just want their neighborhood back,” he said. “This place has been a problem for over 10 years and I’ve got all the documents, because if we do end up in court, I want people to have the background.”