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HomeMy WebLinkAbout1970-12-18city council minutes453 I 1 . liquor in a beer licensed establishment - -no matter how it got there or what the cause. If the place is licensed for consumption of beer and not for liquor, they are not allowed to have liquor on the pre- mises, even to give away to their friends, -In other words, the beer license could be subject to revocation." He further stated, "It is rare that I pack tales unsubstantiated, but due to the urgency of your call for considering this license application, I wondered if it would be possible that if you went ahead and granted this particular license and it did turn out that the investigation was true and the license was revoked, if the City of Caldwell would then loose this source of revenue to another licensee, so I felt that it was i necessary that I bring it to your attention. Rex Nelson told me that the Commander of the Radar Croup told him he will assist in prosecution or whatever is necessary. It could be that this will be somewhat resolved Later this evening as Mr. Nelson is going to try to get in touch with the Kunz' and discuss this with them and find out what the facts are from their side. When we went out to check their place of business they weren't open yet and he had to go back to Boise at that time." Councilman Martin then moved, seconded by Councilman Keys, that action on this application be deferred until the regularly scheduled Council Meeting to be held on Monday, December 21, 1970. A vote was taken and the motion carried." Purchase of used car by Police Department Councilman Keys inquired about a bid which had been let at the last Council Meeting for a used car for the Police Department. Mayor Carpenter replied that he had considered discussing it at this time but due to the fact that the Chief of Police is out of town, he'felt discussion should be delayed until the return of the Chief. He further explained that he had received a letter from Mr. Dobbs, of Bunny Buick, objecting to the way the bid was let. That Mr. Dobbs had consulted with the City Attorney and been advised to submit an objection in writing to the Council and the bid would then be re- considered, which is what he is doing. Councilman Martin pointed out the fact that he and Councilman Dakan were not present at the last Council Meeting, at which time the bid was let, and that today two of the Councilmen who were at the last meeting were absent so he felt it would be better to defer action until the next Council meeting when perhaps all the members and the Chief of Police could be present. Mayor Carpenter stated he had suggested to the Chief that he have someone with mechanical know- ledge to check over the cars bid. It was then moved by Councilman Keys, seconded by Councilman McCluskey that the Mayor instruct someone specifically in the city employe to make an examination of these vehicles and report to the City i i Council at the next meeting, at which time further action can be taken. A vote was taken and the motion carried. It was moved by Councilman Keys, seconded by Councilman McCluskey, that the meeting adjourn. A vote was taken and the motion carried. The meeting adjourned at 4:30 Mayor / D uty City Clerk COUNCIL CHAMBERS DECIMBSR 18, 1970 3:00 P.M. The Council met pursuant to call and acknowledgement of notice in the following Form: We the undersigned Mayor and Members of the City Council of the City of Caldwell, do hereby acknowledge notice of a Special Meeting of the City Council to be held in the Council Chambers in the City Hall in the City of Caldwell, Idaho, at the hour of 3:00 P.M., on the 18th day of December, 1970, for the transaction of all business in connection with the following objects: Consideration of applications for Catering Permit, renewal of Beer Licenses, renewal of Pool License, renewal of Pool & Card Licenses and Liquor license for balance of 1970, and report on bid award for purchase of Police Car. Witness our signatures this 18th day of December, 1970. mayor 454 \' Mayor Charles W. Carpenter presiding. 1J Upon Roll Call the following Councilmen answered present: Charles 0. Banks, Alfred H. McCluskey, fames W. "Bill" Keys, V. Jay Martin and C. A. "Chet" Davenport. Absent: James R. Dakan. Lpplication for Catering Permit approved An application was presented for an Idaho Liquor Catering Permit to Talbot Farms, Inc. d/b /a Palbot Lanes at 506 W. Aven for catering at the See & I Restaurant at 3007 Cleveland Boulevard, catering ?or Dean's Goodyear on this date. The application had been approved by the Chief of Police and was accompan Led by a receipt from the Clerk for the required fee of $20.00. In answer to the question, Mayor Carpenter stated that the Permit had been verbally approved by the Commission of Law Enforcement and a copy of the permit would be mailed to their office. It was moved by Councilman McCloskey, seconded by Councilman Banks, that the application of Talbot Farms, Inc., d/b /a Talbot Lanes for a Catering Permit to be used at the See & I Restaurant he approved and the Permit be issued. A vote was taken and the motion carried. Applications for renewal of Beer Licenses for 1971 approved Applications for renewal of Beer Licenses for 1971 were presented for the consideration of the ,ouncil with each application having been approved by the Chief of Police and accompanied by a receipt from the Clerk for the required fee. Applications for renewal of Beer Licenses for 1971 were presented for the consideration of the Council with each application having been approved by the Chief of Police and accompan- ied by a receipt from the Clerk for the required fee. Applications presented were as follows; Brass, Inc, d/b /a Brass Lamp on The Ditch at 207 So, Fth - Fee, $100.00 Marion L. & Myrtle P. Hammond d /b /a Park -N -Pak Beverage at 420 North 5th Street - Fee, $25.00 Gail B. Uehlin d/b /a Fifth Street Market at L2L Elgin St. - Fee, $25.00 John D.Eagan & W. Gary Collins d/b /a Keg & Kettle at 608 Main Street - Fee, $100,00 Mary Jo Albin d/b /a Corner Bar & Grill at 224 Paynter - Fee $100.00 E. A. Clayccmb & Robert L. Baker d/b /a Western Beer & Lunch at 707 Main St. - Fee, $100.00 It was moved by Councilman McCluskey, Seconded by Councilman Davenport, that the applications for renewal of Beer Licenses be approved and the Licenses be issued, A vote was taken and the motion carried. Application for renewal of Pool License and for renewal of Pool & Card Licenses for 1971 approved Applications fnr renewal of a Pool License and for renewal of -bol & Card Licenses for 1971 were presented for the consideration of the Council with each application having been approved by the Chief of Police and accompanied by a receipt from the Clerk for the required fee. The applications were as follows. Pool Licensee Mary Jo Albin d/b /a Corner Bar & Grill at 22L Paynter - Fee, $15.00 Pool & Card Licenses-- E. A. Clayeomb & Robert L. Baker d/b /a Western Beer & Lunch - Fee, $30.00 Juvial Kitchen d/b /a Roy's Sport Shop at 114 South 7th - Fee, $30.00 It was moved by Gouneilman Banks, seconded by Councilman McCluskey, that the applications for re- newal of Pool License and renewal of Pool & Card Licenses be approved and the Licenses he issued. A vote was taken and the motion carried. Application of See & I Restaurant for a Liquor License for balance of 1970 referred to and approved. Councilman Martin referred to the application of the See & I Restaurant for a Liquor License for the balance of 1970 and inquired of the Chief of Police as to whether or not there was any further infor- Police Chief Charles W. Astleford answered in that he had no further information as yet although there was supposed to be a special investigator from Liquor Law Enforcement here this afternoon but he hadn't been able to meet with him, In answer to the question as to whether or not the Police Department had been requested to not have this Liquor License issued on the previous day, the Chief of Police replied in the negative. Also, in answer to the question, the Chief of Police stated that there was no legal reason why the license could not be issued at this point although he would recommend that action be withheld until the regular meeting of the Council on the coming Monday. The procedure in issuing Beer and Liquor Licenses was reviewed and it was affirmed that the 455 State of Idaho had issued a Liquor License to tine See & I Restaurant for the balance of 1970 and that the license had been issued on December 17, 1970. Councilman Davenport then stated that, if the Council did not grant the license, they were sitting as a Committee of judgement in this case and were assuming that there had been some violation. He stated that he couldn't see how the Council could deny the license by not taking action and he then moved that the application of the See & I Restaurant for a Liquor License for the balance of 1970 be approved and the license be issued. The motion was seconded by Councilman McCluskey who spoke in favor of granting of the license. In discussion following the motion, Councilman Martin spoke in that the Council should look at this strictly from the legal standpoint in making any decision and Councilman Keys said that perhaps they should consult legal counsel. The Chief of Police stated that he had received no complaint on the operation at the See & I Restaurant but that he had understood from his Police Captain that a complaint had been filed with the Department of Liquor Law Enforcement in Boise. However, at this time, he did not know whether there had or had not been any violation and he stated further that, if the Department of Liquor Law Enforcement was sure of a violation, they should have recalled the license issued by them yesterday. In answer to the question, Mayor Carpenter stated that he had a copy of the States License present and, accompanying the application of the See & I Restaurant, a receipt from the Clerk for the fee of $46.88 for a City license. The question was called for when all present voted in the affirmative and Mayor Carpenter de- clared that the motion had carried. Councilman Davenport suggested that Mr. Kunz be notified immediately of the action taken in order that he could proceed with his application to Canyon County for a license. Previous award of bid for purchase of one (1) used car for the Police Department referred to The matter of a previous award of a bid for purchase of one (1) used car for the Police Department was referred to when Mayor Carpenter reported that the cars bid by Bunny Buick and Curt & Hal were pre- sently being looked over at the City Shop and there would be a report on the condition of both cars at the meeting of the Council on this coming Monday evening. It was then moved by Councilman Martin, seconded by Councilman McCluskey, that this Special Meeting adjourn. A vote was taken and the motion carried. Thg- meeting adjou -ned at 3:20 P.M. Mayor City Clerk COUNCIL CHAMBERS DECEMBER 21, 1970 8100 P.M. The Council met pursuant to recess and acknowledgement of notice in the following form: We, the undersigned Mayor and Members of the City Council of the City of Caldwell, Idaho, do hereby acknowledge notice of a recessed meeting of the said City Council to be held in the Council Chambers in the City Hall in the City of Caldwell, Idaho, at the hour of 8:00 P.M., on the 21st day of December, 1970, for the tra nsaction of all business in correction with the following object: New and unfinished business. Witness our signatures this 21st day of December, 1970: Mayor, r Mayor Charles W. Ca*penter presiding. Upon Roll Call, the following Councilmen answered present; Charles C. Banks, Alfred H. James W. "Bill" Keys, V. Jay Martin, C. A. "Chat" Davenport, and James R. Dakan.