Hang Ten, the Flagler Beach oceanfront restaurant that opened a year ago despite the pandemic, under the name Jimmy’s Hang Ten, and that has been plagued by a series of setbacks since, has closed permanently.
Jayne Harris, the sole owner since mid-July, announced the closure “with an extremely heavy and broken heart” in a one-paragraph message on the restaurant’s Facebook page late Sunday night or early this morning. “Many of you know that the past 4 months have been extremely challenging for me and my staff at Hang Ten. I have been working tirelessly to overcome multiple challenges in running Hang Ten, but ultimately they proved to be insurmountable and I therefore have no option other than to close effective immediately,” she wrote.
The restaurant and bar at 1112 South Oceanshore Boulevard, immediately north of the Topaz motel, dealt with the difficulties of the pandemic before James Harris, who had co-owned the bar with his wife, was arrested on July 3 on charges of molesting his stepdaughter. He has been in jail since. James and Jayne Harris established the business on Oct, 27, 2020, according to state Division of Corporations records. Less than two weeks after James’s arrest, Jayne on July 16 amended the incorporation papers to reflect that she was the sole owner.
Then a different set of problems emerged: code enforcement issues with the city over noise, music permits and insufficient bathroom accommodations that had led to the installation of what residents complained were permanent portable bathrooms outside the business. On top of that, a city commissioner reported complaints that the business was exceeding its permitted capacity–a reflection of its local popularity on one hand, but, if true, a violation of code on the other. The Flagler Beach City Commission two weeks ago took a hard line, starting with the bathroom issue.
“A couple of us have comments and concerns about this particular topic,” Commission Chairman Eric Cooley told City Manager William Whitson, who had come to the meeting prepared to answer the concerns. Whitson said the portable toilets were cited by the city’s code enforcement department as a violation. The violation was written in James Harris’s name, which seemed to created a problem, though it was written in May, well before his arrest. Before his arrest James Harris had planned to add a second floor to the restaurant, which also raised concerns over the lack of parking or bathroom accommodations. The current permit allowed the business to have 50 to 149 seats.
“We have been in contact by phone with an individual who allegedly is in process of a renovation plan, adding two restrooms to the facility which will bring them into compliance,” the city’s Rick McFadden, its building official, said, even as the city was moving to set the code enforcement violation case before a magistrate. Only recently “someone did come in and submit an application for us to sign for an increase of the seating to 160. I stopped that, because they do not have the facilities to accommodate what they have now.”
“So we’re allowing a business to run without a valid LBTR,” Commissioner Deborah Phillips said, referring to the acronym for local business tax receipt. The business did have the document, but “nothing to show a legal change of ownership,” Drew Smith, the city’s attorney, said. Even then, the city has no right to shut down a business for lack of a business tax receipt–which is just a tax, not a permit to run the business. “It may be changing hands now but until that is legally effected, code enforcement has to go after who legally owns it, who’s legally operating it.” (State corporate documents indicate the legal change, however.)
The commission seemed very confused about who owned the business, though legally there was no confusion, at least according to Division of Corporations registrations: Jayne Harris had always owned it with her husband, and since mid-July, she owned it on her own, according to state documents. “So if it is to husband and wife, or from husband and wife, to just wife, then she would still be responsible regardless of that change in ownership,” Smith said.
But as recently as two weeks ago, McFadden was saying that the restaurant was moving ahead with plans for new bathroom facilities. He said the portables could have been used for 90 days, not more, but that the business could have been removing them for a couple of days and bringing them back for another 90 days, which commissioners found deceptive.
Commissioner Ken Bryan was categorical: “This is absolutely unacceptable,” he said. “I went down there to the facility next door. They charge from $220 to $400 a night. If I go down there, spend $400 a night and walk out of the room to a nice pool, and I see somebody coming out of the bathroom like I did today, with–never mind–I don’t know what to say. I mean, I feel so sorry for these folks but I feel sorry for us as a board trying to make decisions in compliance with doing the right thing, and we have our hands tied by the state? This is ridiculous, we have to be able to do something.”
Cooley raised yet another problem: “We have a business that potentially is operating under bad faith and not following the permit that they were given for outdoor music, which is driving the crowd, which is driving the restaurant problem, and then all of its compounded off of that,” he said. “This business is clearly in violation of the outdoor permit.” But no such citation had been written, the city attorney cautioned Cooley.
“I know that I filed a complaint myself personally,” Whitson said. “That was looked into and the music was turned down at that time. It was on a Sunday evening. Other than that I’m not aware of anything.” Commissioners were interested in directing the police department to investigate the business’ noise readings in order to issue a citation, “because we can’t just sit here with our hands tied or not do something, that’s totally not acceptable,” Bryan said.
“We’re setting a precedent for our community of how you can break the rules and get away with it,” Mayor Suzie Johnston said. But McFadden said the city was doing all it legally could. So commissioners wanted someone to drive by Hang Ten every day and log whether portable bathrooms were there or not.
The restaurant had been known as Jimmy’s Hang Ten. After Harris’s arrest, it became Hang Ten. Today, the wooden circular sign up front was bare, nameless.
Meanwhile, the case against James Harris is–for now–making its way to trial.
Harris, 60, faced two charges when originally arrested: lewd and lascivious molestation involving a child younger than 12, and lewd and lascivious conduct involving a child younger than 16. The first charge is a felony punishable by life in prison, the other is a second degree felony. When the State Attorney’s office filed its charging information on July 16, it added a “direct” charge, meaning that through the State Attorney’s investigation, it found evidence to add one or more charges (the prosecutor’s office can still add further charges). That one is a molestation charge involving a child between 12 and 16, another second degree felony. All three charges relate to the same girl, who had been in Harris’s custody for 11 years.
The girl, who’d allegedly been enduring Harris’s assaults for many years and knew his routine, finally managed to video record him with her phone as eh masturbated over her and she pretended to be asleep, then with her biological father took the video to authorities, who launched the investigation that rapidly led to Harris’s arrest. The girl reported Harris first began assaulting her when she was 10. Harris denies it, and said the only instance when he acted inappropriately was the single instance the girl recorded–a claim that begs the question that would be at the core of the prosecution’s arguments in court: why then would the girl have been recording him, if not because of prior instances?
On the initial charges, Circuit Judge Chris France set bond at $50,000 on the second degree felony and no bond on the life felony. Bond was also denied on the charge filed by the state. Harris filed a motion to try to get out of jail on a conditional release plan, arguing that he is indigent. The prosecution–the case is being prosecuted by Assistant State Attorney Melissa Clark–filed its own motion to deny release, arguing that “there are no conditions of release reasonably sufficient to protect the community from the risk of physical harm to persons.” On Aug. 3, Circuit Judge Terence Perkins ruled in favor of the state and denied Harris bond. He remains at the Flagler County jail. Harris initially was assigned a public defender. He has since hired Tim Pribisco, a St. Augustine attorney.
The case is in its pre-trial phase, with depositions scheduled in early January. The next pre-trial is on Nov. 10.
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Amy says
What a shame! We have enjoyed great food and entertainment at Hang Ten. Stayed at the resort, for an anniversary and visited Hang Ten for a couple drinks. There was a small crowd the few times we were there, but everyone seemed to enjoy themselves. Staff was very accommodating and friendly. Had planned to go back.
Gayle says
I feel this women should have been supported given the circumstances. The reviews- food- entertainment-was apparently well loved. So loved she had nights of being over crowded- I can’t help but feel saddened that by doing well- she was forced to close.. prayers for her and her children.
bob says
“dirtbag” should stay behind bars … let me tell you a story about a dirtbag who hunted for a single mother with daughters to groom and molest … dirtbag lived along east coast 0f Florida … dirtbag groomed small town folks and single mother while he continued his sexual hunt for underage vulnerable girls … but wait, a vulnerable yet brave child figured a way to stop the dirtbag … stay turned for the rest of the story
[a survivor of prepubescent childhood sexual abuse]
sw says
not guilty till proven!
how can they shut down a bar/restaurant !
they have been open a while!
music faces the ocean!
music shuts down before 10 pm!
ruin this town!!!!!!
Ns says
Sounds like it never should have opened without bathrooms. That is the crazy part. As far as “Jimmy” if she has video of such then he needs it cut off!!
Jl says
And yet on the weekend fins is allowed to have music outside till 1 in the morning
MHM says
Police and sheriff should provide how to secretly video record instructions at school. Recordings keep people honest.
Ben Johnson says
My wife and I were just there and as always enjoyed everything. Can’t say I have ever been there when the place was overcrowded so don’t know how they could have exceeded capacity. We are retired and go on many different days. And how a commissioner could have possibly seen a port a potty from the hotel is a mystery as it sat out of view. Must have a long neck. And I can’t believe he is dumb enough to spend that kind of money to stay there anyway. I can stay at a high end hotel for that. It is a rip. He apparently makes too much as a commissioner if he pays that kind of money, which I doubt, to a place like that. Too bad the City doesn’t have anything better to do in life. I agree the husband needs to be where he is for life but she needs a break. We go to almost every restaurant in Flagler and I never saw the restaurant louder or be any more crowded than any other restaurant. City must have a bone to pick on this one.
Mark says
Good riddance
Jimbo99 says
I realize the challenges this establishment has faced has been overwhelming. At the end of the day it’s atypical of Flagler Beach. The further away from FL-100 & the pier that a business is, the smaller the venue and the harder it is to be longer term successful. I mean outside of High Tides at Snack Jack, Restaurants open and close with high failure rates. This might have more to do with the buildings they are in, the locations. This location looks like a small gift shop or convenience store that failed decades back.
Anyway, the one place I can’t see staying closed like it has is the property where Hidden Treasures is located.
Joseph Loiacomo says
I can’t believe all the original permits were given it was allowed to have the outside toilets allowed to have music allowed to have up to 160 seats the way it stands and all of a sudden apparently the hotel next door was complaining and they take away this business is right to conduct business this is an atrocity
It seems like some. Of time for them to comply should be given to them since the original permits were given for their operation in the first place
The article says they had plans on adding the bathrooms for crying out loud give them an extension on the permits for the toilets outside and for the music and let them put the bathroom s in
Greg says
Great job. Now let’s shut down Ocean Sides upstairs balcony. They had to have an elevator to open it up. It no longer works. I was there a couple weeks ago, and was told it’s out of order. Note I am both disabled and handicapped. Let’s be consistent in this stuff.
Patricia says
I totally agree, I’m also disabled and that elevator they put in was very scary to get into and has been out of order more than in order. If they were going to put all of that money into an upper section they could have spent a little bit more on a decent elevator. With the elevator out of commission seems they are are also out of ordinance of the city rules and should also be cited
Ramone says
Hang Ten was a lovely little restaurant/tiki bar venue that spent quite a lot of money hiring local musical talent and other forms of entertainment. I frequented the establishment on a regular basis and found the owner Jayne and her staff a pleasure to deal with. The music complaints are ridiculous in my opinion. They always shut down really early, even on the weekends. I can count on one hand the times they played past 9pm. They usually stopped at 8pm.
Meanwhile Finns is allowed to blast music until all hours of the morning. Last night on a Monday a little after 10pm I could hear the music from Finns all the way down at 8th South. It is frustrating to see neighbors purchasing property next to these commercially zoned venues, only to start complaining. The same thing happened up at the old Johnny D’s. Oh well, another fun place to go bites the dust. I hope all who helped lead to their demise are happy.
Now what? says
Did anyone take into consideration the loss of jobs this has created? The employees were given no notice of the shutdown. Most of them are still owed a check! Now what?
David Schaefer says
In my opinion there is some weird stuff going on here and yes let that scum bag rot in prison….
Skibum says
There is NO WAY any permanent structure housing a restaurant/bar should ever be allowed to have portable outhouse toilets as their customer restroom facilities. Maybe FL natives are okay with the hillbilly way so many things are done in this state, and that is due to the total disregard for adequate laws, regulations and code enforcement responsibility. Moving to this state almost a decade ago when I retired really opened my eyes to so many shocking and irresponsible things I found relating to inadequate laws to protect residents and visitors to this state. So I’m very pleased to see a news story where Flagler Beach has stuck to it’s guns and demanded compliance, which unfortunately for the owners, has resulted in their decision to close up the business rather than spend the time, money and effort required to bring the business up to a minimal level of hygiene that is nothing short of common sense, not to mention health and safety laws. I hope this will be a warning to other so-called business establishments in the area that are sorely lacking and just barely keeping the code enforcement and the courts at arm’s length due to violations of their own
b martin says
If it was so nice where you previously resided why would you leave for this “hillbilly way”. Advice take either I-95 north or I-75 north and enjoy your life.
Tom the Terp says
Yep, go back, take your NJ and NY front license plates ( a dead giveaway ) , and skeedaddle back
to the state YOU love. Good riddance !!!!
Skibum says
No thanks, people like me are helping bring the state out of the dark ages and into the 21st century.
HayRide says
He right the folks down here sure are a backwards bunch of hillbillies. Just dealing with them makes you cringe
Gina Weiss says
Hayride: where Skibum was wrong when he called people from here “hillbillies”. Name calling has nothing to do with having codes enforced, remember Flagler Beach was a sleepy little town which is now experiencing growing pains and what attracted me to Flagler was it’s uniqueness and quaintness as well as many others which is why we are seeing such a growth spurt in both PC and Flagler Beach. I find the people here very nice, well mannered, polite compared to the many arrogant stuck up Northerners especially in the NY area who think their s**t don’t stink cause they live in their big lavish homes and who couldn’t give a hoot for their fellow neighbor. If you drop dead on a street there they would walk over you, I sure don’t miss those creepy attitudes, I find the people who work in restaurants , food service and other service positions down here extremely kind, polite and always ready to help anyone with a warm smile on their faces. Skibum doesn’t speak for all of us NY’ers, neither do you!