FOLEY, Ala. — A public hearing regarding a Foley nightclub’s business license could possibly be held on Wednesday, May 5, but that is not certain.

What seems certain, according to Mayor John Koniar, is that the public hearing approved earlier this month regarding Club Evolution, billed as an Alternative Dance Club, will in all likelihood produce a sizable crowd and more than a few public comments.

Public hearings are generally conducted prior to convening the city council meeting on the first and third Mondays of each month. Koniar this week said the Club Evolution matter will be a “separate, stand-alone public hearing” possibly on May 5, although he noted the date is not a certainty at this point.

Meanwhile, business at the club at 8380 Ala. Hwy. 59 South continues unabated. Club Evolution’s Web site currently advertises an Amateur Drag Queen Show on April 15 and a Vampire Ball and “Best Vampire Contest” on April 30, complete with bloody marys. During months of controversy between the club and city officials, Club Evolution has often been referred to as a “gay bar,” something Sixto “PR” Rivera Jr., club owner, has denied.

Last week Rivera made available the incident/offense report filed by the Foley Police Department, which details the result of FPD’s undercover investigation into the club on March 3-6, 2010. That report has put the club’s business license in jeopardy.

Attempts to reach Rivera on Tuesday for comment proved unsuccessful.

According to the report, an undercover officer on March 3 attempted to purchase alcohol after 2 a.m. at the club and was unable. The city’s new “last call for alcohol” ordinance prohibits the sale of alcohol in city bars and lounges between the hours of 2 a.m. and 6 a.m. The officer said he spoke with a female patron who said of the 2 a.m. deadline that “they normally do (serve alcohol after 2 a.m.) but the owner does not know you.” The female patron made reference to the “pressure” FPD had put on the club in connection with the “last call” ordinance and compliance with it.

On March 4 the undercover officer allegedly witnessed underage patrons of the club drinking alcohol and several incidents of sexual activity in the “open area” of the club. The latter included females allegedly having sex on the floor and on tables and chairs. The following night the officer reported other incidents of sexual activity, including oral sex, in “plain view.” The officer and an undercover officer from another jurisdiction were later asked to leave the club.

Officers were also asked to leave the club on March 6, according to the I/O report.

The report notes the undercover officer was unable to purchase alcoholic beverages from employees at Club Evolution, but allegedly did receive information “from patrons and a bartender that illegal alcohol sales have occurred.”