HomeMy WebLinkAbout10-26-1987 MinutesMINUTES
PASCO CITY COUNCIL
SPECIAL MEETING
CALL TO ORDER
Meeting called to order at 7 30 P M. by Joe W Jackson, Mayor.
ROLL CALL
OCTOBER 26, 1987
Councilmen nresent were Beverly Green, Lee Kraft, E.A. Snider, Joe Jackson,
and Emerson Morgan Councilman Ed Hendler was absent from the meeting (excused -
surgery) Also present were Greg Rubstello, Acting City Manager, Donald
Francis, Police Chief, Dave McDonald, Director of Community Development, and
Webster Jackson, Purchasing/Personnel Officer.
REVOCATION OF BUSINESS LICENSE
MAYOR JACKSON DECLARED THE HEARING OPEN TO CONSIDER REVOCATION OF BUSINESS
LICENSE FOR EL BARRILITO RESTAURANT, 1008 W COLUMBIA
Mayor Jackson declared that proper notice had been served on Mrs. Amelia "Amy" Lopez
on October 7, 1987, and we would now proceed with the hearing.
Greg Rubstello, City Attorney, gave background and history of Amy Lopez from sworn
testimony, recommendation of proba, tion officials, and a pre-sentence report. In
addition, there were eleven findings of fact, as compiled by the City of Pasco An
official copy of all reports was given to the City Clerk for permanent record.
Mr Rubstello further cited that Mr Lopez, as licensee of El Barrilito Restaurant,
was responsible for operation of business. For benefit of council and delegation
in attendance, he read excerpts from PMC 5.04.110 that grounds for proposed
revocation are "wrongful behavior of a substantial character and of a public
concern in relation to the licensed activity," and "as reasonably necessary in the
interest of protection of the public health, safety, peace or welfare."
Detective Mike Monroe, Pasco Police Officer, testified that Amy Lopez gave
officer a list of items to steal in exchange for cocaine. He returned with cowboy
boots and shirt whereby Mrs. Lopez stated, "next time, get snakeskin boots." The
undercover officer acknowledged the presence of government issue cheese and
butter on the premises which had been exchanged for cocaine
During last transaction, Amy Lopez' daughter, Aurora, submitted a list of items
to be stolen on City of Pasco letterhead paper.
Mr. J D Evans, Attorney for Simon Lopez, stated there were two reasons for not
revoking license First, the law doesn't allow it, and Secondly, it isn't fair
to revoke Mr. Lopez' license when he had no knowledge of activity, nor is there any
record of prior arrests, etc. on the part of Simon Lopez He further argued that if
an employee is selling drugs, you may punish them under criminal law. There is no
doubt that Mrs. Lopez was guilty, however, she is presently in jail being punished
for that crime In Mr. Evans' opinion, you could only revoke a business license
if the violation related to a food establishment, such as tainted food, etc. The
sale of drugs from this location was not conducted by Mr Lopez and he should not
be punished for actions of his wife.
Mr Rubstello rebutted that conduct occurred on licensed premises and abuse of
licensed premises As to fairness, Mr Lopez bears some responsibility as he was
the licensee and this has been a long continuing activity.
Mr. Evans replied that you could go to court and abate it as a public nuisance
but you can't take away a business license if staff violates the law.
At this point, Detective Monroe of Pasco Police Department, narrated a video
show of El Barralito restaurant, the interior, stdlen merchandize, drugs and
assortment of cash.
MINUTES
PASCO CITY COUNCIL
SPECIAL MEETING OCTOBER 26, 1987
PUBLIC HEARING - Continued
Councilman Lee Kraft asked if Mr. Lopez wished to be sworn in and testify on his
own behalf, and what happened to stolen articles? Mr. Lopez declined to testify
and Mr. Evans stated that Mrs. Lopez gave most of the merchandize away as gifts.
Councilman E.A. Snider felt it was clearly defined that Mrs. Lopez conducted the
sale of narcotics during business hours even though it was licensed as a restaurant.
Mr. Rubstello replied that her license became her vehicle to operate another
business. Further, this hearing is for applicant to come forward and show cause
why his license shouTd not be revoked, and this opportunity is being afforded him.
Councilman Beverly Green stated that Mr. Lopez should have known what was going on
because there is nothing more poisonous than cocaine.
Mr. Bob Creamer, President of Pasco Chamber of Commerce, went on record as supporting
City Council in the revocation of business license for any establishment engaged in
the sale of drugs.
Mr. Raul Garrido asked, "how does this affect our community?" One only has to look
at metropolitan cities to see the damage that is done. He supported the City
Council for taking a firm stand as it was time to get this "cancer" out of our
community for the betterment of everyone.
Mr. Charles Coleman, representing PDDA, supported revocation of license as a
means of getting this cancer out of our community.
Mr. William Riemath called attention to proposed levy for law enforcement and
emphasized importance of its passage as a clear cut message that we do not tolerate
this type of activity in Pasco
Mrs. Nadine Leaverton asked if they were accepting cheese and butter commodities,
doesn't that constitute food? To this question, Chief Francis replied that Mr.
Lopez should be held accountable for this activity.
Attorney Evans reiterated that education is the only true answer.
Mr ' Sterl Adams stated that if they lived as husband and wife and the commodities
were sold in their restaurant, under the community property aspect - wouldn't Mr
Lopez have an interest?
Mr. Scott Bristol stated that as a bartender, if he served liquor to a minor, he
could cause the owner of a business to lose his license, What's the difference -
cocaine or alcohol?
Following three (3) calls from Mayor Jackson for further comments from the floor,
either for or against, the public hearing was declared closed
Mayor Jackson called for a ten minute executive session for the purpose of
discussing input
RECESS 8 45 P M RECONVENED 9 00 P M
Mr. Snider moved to revoke the business license for the El Barrilito Restaurant
and adopt post findings of fact, Nos 1 - 11, as presented Such action to be
invoked fourteen (14) days from this date to provide Mr Lopez an opportunity to
file an appeal or receive an injunction from Superior Court of receipt of this
action. Seconded by Mr Kraft Motion carried by roll call vote of five (5)
For the record, Mayor Jackson asked the City Attorney to read Findings of Fact,
Nos 1 through 11
The City Attorney read as follows
yJh ells, City Clerk
MINUTES
PASCO CITY COUNCIL
SPECIAL MEETING OCTOBER 26, 1987
1. A restaurant is operated at 1008 W Columbia Avenue, Pasco, Washington, under
the name of "Simon and Amy's El Barrilito Mexican American Restaurant," hereinafter
called "the restaurant "
2. The restaurant is licensed by the City of Pasco on the application of Simon
Lopez, 314 Rd 34, Pasco, Washington
3 Simon and Amelia "Amy" Lopez are husband and wife and are co-owners of the
restaurant
4. The actual operation and management of the restaurant has been by Amy Lopez
5. On July 14, 1987, Amy Lopez plead guilty in Franklin County Superior Court to
two counts of Unlawful Delivery of a Controlled Substance (cocaine), one count of
Unlawful Possession of a Controlled Substance (cocaine) with Intent to Deliver, and
one count of Unlawful Possession of a Controlled Substance (marijuana) in excess of
40 grams The information filed by the Franklin County Prosecuting Attorney was
based upon controlled buys from Amy Lopez at the El Barrilito Restaurant through
an undercover officer from the Walla Walla Police Department and from a search of
the premises under authority of a search warrant issued by the Franklin County
Superior Court
6 The buys made by the undercover officer corroborate the information supplied
to the Pasco Police Department by informants The restaurant has been used as a
location for the sale and delivery of controlled substances in violation of State
Law with the full knowledge and consent of the co-owner and operator of the restaurant,
Amy Lopez
7 In addition, the investigation of the Pasco Police Department corroborates
information received from confidential informants that the co-owner and operator of
the restaurant, Amy Lopez, normally exchanged controlled substances for stolen
merchandise and in fact, encouraged the exchange of stolen merchandise for the
illegal controlled substances she possessed and delivered on the restaurant
premises
8 The illegal drug trade in the City of Pasco is wide-spread and a cause of a
multitude of criminal activity in the City, including violent crime, theft and
prostitution Criminal activity resulting from the drug trade has overtaxed the
resources of the Pasco Police Department, damaged the reputation of the community and
infringes upon the safety and well-being of Pasco citizens
9 The licensee of a City of Pasco business is responsible for the operation of the
business Even if Simon Lopez was unaware of the criminal activity taking place on
the premises of the restaurant, he cannot disassociate himself from the responsibility
for such activity because of his own neglect and failure to oversee the operation of
the business, or entrustment of operations to his wife Amy
10 Wrongful behavior of a substantial character and of a public concern in relation
to the licensed activity at the restaurant, 1008 W Columbia Avenue, Pasco, Washington,
has occurred on a significant and frequent level
11 Revocation of the business license for the El Barrilito Restaurant is reasonably
necessary in the interests of protection of the public health, safety, peace and
welf4re due to
0 The nature and frequency of the wrongful activities that have
occurred on the premises, and
b) The identity of the restaurant by the drug motivated criminal
element in the area as a place where the possession and delivery
of unlawful controlled substances is permitted, tolerated and
encouraged, and
c) To send a message that criminal activity of the nature that occurred
at the Restaurant shall not be tolerated on licensed business
premises of the City of Pasco and that the licensee shall be held
accountable for the activity on the business premises
ADJOJ T Special meeting adjourned at 9 05 P M
Joe W Thc son, Mayor
PASSED and APPROVED this ,q day o , 1987