Loading...
HomeMy WebLinkAbout1991-07-03city council minuresBook 32 Page 115 SPECIAL MEETING July 3, 1991 5:30 p.m. The Meeting was called to order by Mayor Dakan. The Mayor requested that everyone stand for the Pledge of Allegiance to the Flag. The Roil of the City Council was called with the following members present: Nancolas, Murdoch, Jarboe, Houchins, Raymond, and Valdez. Absent: none. (PRESENTATION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW PERTAINING TO THE RITZ CLUB) Mayor Dakan explained that the purpose of this meeting is the presentation of the Findings of Fact and Conclusions of Law pertaining to The Ritz Club. The Mayor asked if any of the City Council Members cared to make a statement or comment at this time. Councilman Nancolas was recognized and stated that the other night he sat through approximately four hours of testimony. As a citizen of Caldwell and as a City Council Member, I was amazed that I was so naive that I didn't realize this type of thing was going on in Caldwell. Personally, I feel that after evidence was given from both sides, there is no doubt in my mind that The Ritz Club is definitely in violation of the spirit of the Code in Caldwell as far as a nuisance. I have no special interest in any area of this because I do not frequent bars, I do not participate in alcohol and those types of things. As far as one bar versus another, I have no opinion. However, I have an opinion that the activity that is going on there is in violation of my own morale principles. They jeopardize the safety of my own family and more importantly, they jeopardize the safety of the citizens of Caldwell. As an elected representative by the citizens of Caldwell, I have no doubt in my mind what the proper solution to that problem is. I wil l vote to revoke the license of The Ritz Club. Councilman Murdoch also requested time to make the following remarks: My remarks are not meant to be all inclusive, merely to touch on several of the charges made. 1. Requests from the City to purchase bartenders licenses were ignored until citiations were given. 2. Fire Marshal warnings were ignored until this revocation hearing was called. There appears to be no regard by The Ritz for following the rules until it fits their needs. Our City would be in chaos if this was the general attitude. It apparently stems from the fact that Mr. Arnold feels law enforcement is in collusion to get him. 3. For whatever reason felons and other like minded individuals congregate at The Ritz for purposes of employment. 4. Employees appear to have a propensity to sell drugs and to allow others to sell it inside of and on the property of The Ritz and the owner's trailer. 5. ID's are not being routinely checked and we have knowledge of two seventeen year olds admitted without ID and then completing a drug buy. 5. There is a huge gap in which the licensed Corporation was forfeited and the ongoing license to operate was null and void. Mr. Tway's contention is that his clients knew nothing about most of these issues and certainly nothing about the drugs. If that is true, the inmates are truly running the asylum as Officer Klein testified that the two easiest buys he ever made involve the first two Ritz employees he met; a barmaid and a bouncer. If management was aware, they should have their 1 icense pu 11 ed and be j ai 1 ed. I f they did not know, as Book 32 Page 115 Mr. Tway contsnds, thay should have their license revoked as simply being incapable of managing a bar in a wholesome fashion. As a Councilmon, I realize that lega l. questic, are more Mr. Tyay's comain than mine. However, I do know what a nuisance is. By law, a nuisance is illegal and define? in Idaho Code 52 as. "anyth which is injurious to health or morals, or is indecent, or offensive to the senses, or an obstruction to the full use of 2roperty, so as to interfere with the comfortable enjoyment of ,, .i.fe or property". Whatever Uour perspective, there is a preponderance of evif��, that The Ritz is a 9_u11 ten.-`old, 102 nuisance. "Evil triumphs when good men do nothing". Ti e FAtz environment does not beicng here and 1 will vote for revocation of the license. Their reader board, which they put up after this whole thing started says, 'S:,qty No To Drugs". I agree with that which is the only thing I have agreed an throughout this whole ordeal. The ',,est way to "Say No to Drugs" is to say no to T'a Ritz. `!ith tlnat in i wc2ld MCV7, and it was SECONDED by Jarboe that the Flnd� "s of Fact anO Conclusions of Law and Decision Revoking Alconclic Se 3 of the illion Corporat, doin, business as The Ritz Club be enacted. Cc=cilman Raymond informed the Mayor that he would like to go c-ar a couple of things within the Findings of Fact and Conclusions of Law. Under No- 33 of t. Fin(L-',ngs, Ina was no'.: sure if it was stated strong c Two years they e�pplied to the City for licenses which •as a fraudulent application. it vas also referred to in other places of the document. I t is a -,, ery su.'ostantial violation as would violat, the StaLe Code as well- The City Attorney statad that the Findings of Fact cpn be however the City Council wants it to be. it was certainly the prerogative of the City Council to make changes. Mr, Morro further suggested that the Council simply insert what language they Teel is appropriate in the document. The Findings of Fact should be based upon evidence and testimony hsa�. at Hearing on July 1, 1991. if AA is a Conclusion, it might be nore appropriate to include in that part of the document. Council man Raymond stated that they test .tied that they had o license continually and The Billion Corporation did not have a ChsTter from December of 1989, until June of 1991. While we haws talkeG about this in No. 33, J' seems to me tl-at the Sped fiCS are that t;'c diff- >rent 3,,,, was fraud apylication. Counsilman Houchins points6 out that it was referred to in the Conclusions under Item No. 9 where it states the time as being for over a year and a half and also states the State Coc whic= was violated. The City Attorney further informed Council that the file containing all. of the applications and renewals is part of the record. it would ts an appropriate conclusion, if you woold deems it to be so, to conclude that the renewal applications which occurred in time after the Charter ops forfeited were; defective for that reason. Counciloan Nancclas then asked the Attorney if it would be more appropriate to includa this change nrSer the Conclusions of law under No. 9. The Attorney agreed 'C'n.at it eras more of a Conclusion, Meyor DaVan suggested that Item, - Jo. 9 road as fo "That tAn licenswa of the bar, ::. applied for two licarse renewals under fraudulent conditions and transacted business for over a year and a half while its charter was forfeital, in vlolatio of Idee. o Code 30-1-1315-" Ccunoilmcr, Raymond also called Council's attention to item No. j! under the Findings of Fact. He questioned if it was Book 32 Page 117 every morning that the Nu -Look Car Wash found the syringes and garbage on its property. It was agreed by the Attorney that the word "most" be inserted before every. It would read as follows: "Nu -Look Car Wash, another business located next to the Ritz Bar, finds syringes and garbage on its property most every morning." Councilman Raymond also stated that under Item No. 21, under Conclusions, he did not remember Mr. Ford as being hostile and inconsistent. Councilman Nancolas answered that he felt that No. 21 speaks exactly as he remembered it. Other members of the City Council agreed that No. 21 would remain as it is. Mayor Dakan informed the City Council that they make a motion approving the two changes as just indicated. MOVED by Raymond, SECONDED by Nancolas to amend the motion to include the two changes as follows in the Findings of Fact, Conclusions of Law and Decision Revoking Alcoholic Beverage Licenses: No. 9 under the Conclusions of Law read, "That the licensee of the bar, Billion Corporation applied for two license renewals under fraudulent conditions and transacted business for over a year and a half while its charter was forfeited, in violation of Idaho Code 30 -1 -135" and Item No. 41 under Findings of Fact read, "Nu -Look Car Wash, another business located next to the Ritz Bar, finds syringes and garbage on its property most every morning." Roll call vote. Those voting yes: Raymond, Valdez, Nancolas, Murdoch, Jarboe, and Houohins. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor asked the City Council to now vote on the original motion to accept the Findings of Fact, Conclusions of Law and Decision Revoking Alcoholic Beverage Licenses as amended. Councilman Raymond asked the Mayor what the time frame was with regard to The Ritz being served the papers. The Mayor stated that he understood it would be within the hour. Roll call vote. Those voting yes: Murdoch, Jarboe, Houchins, Raymond, Valdez, and Nancolas. Those voting no: none. Absent and not voting: none. MOTION CARRIED An original copy of the Findings of Fact, Conclusions of Law and Decision Revoking Alcoholic Beverage Licenses was presented to the City Clerk to be entered on record as part of the official minutes. That document is attached to the minutes. (ADJOURNMENT) MOVED by Houchins, SECONDED by Nancolas that since there was no further business, the Meeting be adjourned at 6:00 p.m. Councilman Jarboe commended the Members of the City Council for taking a strong stand and for participating in this discussion and making their points. Mr. Jarboe further said that he would particularly to commend Councilman Murdoch, who has taken the lead on this issue and did an admirable job not only during the hearing, but in phrasing his comments and motion this afternoon. Roll call vote. Those voting yes: Houchins, Raymond, Valdez, Nancolas, Murdock, and Jarboe. Those voting no: none. Absent and not voting: none. Book 32 Pogo S MOTION C-7,RRIED APPRO` AS --itten THIS 15th - ZY OF July I 199li - ATTEST: City C e�k * ou Lk� 0 u n c i ......... . . cou Co mcilran Co - I.mdn cou ,"-lffian ATTEST: City C e�k