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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