Loading...
HomeMy WebLinkAbout1989.03.27 Council MinutesMINUTES PASCO CITY COUNCIL SPECIAL MEETING MARCH 27, 1989 CALL TO ORDER: The meeting was called to order at 8:00 P.M. by Ed Hendler, Mayor. ROLL CALL: By City Manager. Councilmen present were: Michael Garrison, Beverly Green, Ed Hendler, Lee Kraft, E.A. Snider and Joe Jackson. Councilman Emerson Morgan was absent (excused). Also present were: Gary Crutchfield, City Manager; Greg Rubstello, City Attorney. MAYOR HENDLER DECLARED HEARING OPEN TO DETERMINE WHETHER OR NOT TO REVOKE THE BUSINESS LICENSE OF THE PALM TAVERN: For the record, it was noted that hearing had been duly publicized as required, and owner of Palm Tavern properly notified. The City Attorney stated this is the date that council has set pursuant to Section 5.04.110 PMC for a hearing to determine whether or not to revoke the business license of the Palm Tavern. Notice of the hearing was served on the licensee, Bruce Kasey, on February 8, 1989, informing him of the hearing and of the grounds and reasons for forfeiture and revocation of the license. The original hearing date of March 6, 1989 was continued to this date. The Notice of Hearing also directed Mr. Kasey to appear at this hearing to show cause why the license should not be revoked. Section 5.04.110(D) requires that any decision of the Council to revoke a business license shall be supported by written findings of fact in support of the decision. City staff has provided proposed findings. Should the Council desire, it may adjourn to Executive Session to seek legal counsel from the City Attorney prior to taking any final action or adopting findings of fact. Further, ...this is not by any means the first such suspension for this tavern in recent years. On other occasions, you have been made aware by the Pasco Chief of Police, if not by other means, that the Palm Tavern generates a considerably large volume of Police time and that there are numerous persons arrested both on and off the premises who have been drinking at the Palm Tavern. On many such occasions, the persons arrested are involved in a disturbance and found to be intoxicated by the Pasco Police Department. The other taverns in the area of the Palm Tavern do not generate near the Police calls or criminal activity. Staff must conclude that problems associated with the Palm Tavern are the result of poor management practices and overserving of customers.... Under PMC 5.04.057, every licensee has a duty to: (a) Ascertain and at all time comply with all laws and regulations applicable to such licensed business. (b) Be personally responsible for the business operation and activities occurring on the business premise. (c) Avoid all illegal practices or conditions on the business premises which do or may harmfully affect the public health, safety or welfare; including the taking of such corrective or preventative actions as are reasonably available (i.e., supervision, prohibiting lawbreakers and trouble makers from the business premises, reporting criminal activity to the Police,) -1- f MINUTES SPECIAL MEETING PASCO CITY COUNCIL MARCH 27, 1989 - and requested in writing by the City Manager or his designee. PMC 5.05.110(B) provides grounds for the revocation of a business license where there are: (a) Violation of an Ordinance or law authorizing or regulating the license or permit, or regulating the business activity or thing for which it is issued; (b) When reasonably necessary in the interests of protection of the public health, safety, peace or welfare; and (c) When a business becomes an instrument of or a cover for public disorder, crime, or other danger to the public safety, morals or health. City staff recommends that the Council give serious review of the Affidavits and Exhibits, listen to the evidence received at the hearing, and then make a reasoned decision based upon the record before the City Council. Mr. Gary Hugill, Attorney for Bruce Kasey, disputed City's position that his client had not made a "Good Faith" effort to improve situation at the Palm Tavern. , It was difficult to screen the undesirables, but Mr. Kasey does not condone the sale of drugs nor the open defiance of law. Mr. Kasey briefly stated that sub*Zequent to his meeting last year with City Manager, City Attorney and Police Chief, he started closing his business at 11:30 P.M., put a crashbar on the back door and spent more time personally in the operation of his business. He removed undesirables from the premises if they were being disruptive and he did not condone the sale of drugs. He stated this was his only livelihood and he needed it to survive. Council questioned Mr. Kasey on his policies for hiring and why he had not complied with suggestions made to improve his business over six months ago. Mr. Kasey was still insistent that he had made several changes but not all that were recommended. The City Attorney reaffirmed the City's position regarding closure of the Palm Tavern and requested that Mr. Hugill be given an opportunity to make a closing statement. Mr. Hugill urged Council to re-consider closure of the Palm Tavern as his client had made a conscientious effort to improve the situation and would continue to do so. Following three (3) calls from Mayor Hendler for further comments from the floor, either for or against, the public hearing was declared closed. Mr. Jackson moved to revoke the business license held by Bruce Kasey for the Palm Tavern, 224 W. Lewis, Pasco, Washington, and to deny said Bruce Kasey, his representatives and agents from operating a tavern or other licensed premises at 224 W. Lewis Street or other business location in the City of Pasco; and further, move to adopt proposed Findings of Fact Nos. 1 - 8 in support thereof. Seconded by Mr. Snider. Motion carried. ADJOURNMENT: No further business, the meeting adjourned at 9:50 P.M. -2- ATTE -ft: MINUTES SPECIAL MEETING PASCO CIT •UNCIL MARCH 27, 1989 E Hendler, Mayor E e- yn Wells, City Clerk PASSED and APPROVED this 3 day of 1989. -3-