03/12/1979 Board of Public Works Minutes

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412 REGULAR MEETING MARCH 12, 1979 power set out in Section 1 -18 of the Code for the purpose of denying Mr. Brinson's license. Mr. McLaughlin then pointed out that Section 1 -18 -b requires that the Clerk of the City of South Bend issue the letter of notification setting out the reasons for the denial'of renewal of the license. In this case, the Controller and not the Clerk sent the letter. This is a procedural defect requiring dismissal of this cause. Mr. McLaughlin said he felt strongly that the Board of Public Works did not have jurisdiction in this matter. He pointed out that if a ruling of the Board. were appealed to the court, the court would not have the power to order the City of South Bend to renew the license but could say only that Mr. Brinson was correct and the Board did not have jurisdiction to deny. The court could not direct someone to issue the license. He noted procedural irregularities should this matter be appealed and asked that the Motion to Dismiss be granted. Mr. Masters identified himself as Assistant City Attorney for the City of South Bend. Mr. Masters said he was before the Board. as Attorney to the South Bend Police Department and that Department made a recommendation against the renewal of Mr. Brinson's pool hall license. Mr. Masters responded to Mr. McLaughlin's Motion to Dismiss and noted that the Municipal Code, Section 1 -18 provides that the Mayor or such other authorized official, board or agency may refuse to issue a license or permit or permits issued may be revoked or suspended. In this case, the official is the City Controller. Under Section 4 -28, the power is in the hands of the Controller to review the applications for pool hall licenses and their renewal. The Controller refers the applications to the Police Department and asks for a report from them. Upon receipt of the report from the Chief of Police, the Controller shall, within seven days, either grant or reject the application. If the controller rejects the license application or renewal, he brings it before the Board of Public Works. With regard to Mr. McLa.ughlin's statements regarding the notice, Mr. Masters said Section 1 -18 does provide for notification to the applicant of the hearing, but whether the notice was issued by the Clerk of the Board of Public Works or the City Controller makes no difference, since notice was issued and Mr. McLaughlin is present on behalf of Mr. Brinson, so there is no question that notification was received. Mr. McLaughlin then reviewed his'interpretation of Section 1 -18 which refers to the refusal to issue a license or permit, and. said if such license or permit is not to be issued the matter comes to the Board of Public Works. Pursuant to the pool hall license provisions of the Code, Mr. McLaughlin said if the Board of Public Works, after the hearing is concluded, denies the license, the matter goes to the Mayor for a hearing and the hearing is not before this Board. Mr. McLaughlin said he would submit that the Board does not have jurisdiction, under Section 1 -18, to conduct a hearing or to do anything with respect to Mr. Brinson's pool hall license. It is a defect of the Code that the power to refuse to issue a license is not placed in the hands of appropriate City officials. Mr. Brinson's license renewal should be handled pursant to the proper City Code. The matter should not be dealt with under some other section of the Code. Mr. Masters said he wanted to clarify a point regarding Section 4 -28 which deals with the investigation and report pursuant to issuance of a pool hall license. The City controller reviewed the application, following receipt of the report from the Police Department, he denied the license and sent notice to the applicant and the Board of the hearing to determine whether the license should be refused.