03/12/1979 Board of Public Works Minutes

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REGULAR MEETING MARCH 12, 1979 413 Deputy City Attorney Terry A Crone asked Mr. McLaughlin if he was satisfied with the specificity of the notice and Mr. McLaughlin said that he was. Mr. Crone then discussed the Board's jurisdiction in the matter in light of the Municipal Code sections applicable and said it was his opinion that the Board does, have jurisdiction in this matter and can proceed with the hearing. Mr. Brunner stated that it was the belief of the Board that they had the right to appoint a hearing office in this case and would appoint Mr. McMahon. Mr,. Crone said the Board has the statutory right to appoint someone to act in their behalf. Mr. McMahon ruled to deny the Motion to Dismiss and proceed with, the hearing. Mr. McLaughlin's Request for Special Findings was filed. Mr. Masters said the City would attempt to establish that according to the Municipal Code, Section 1- 18- A -(5), the licensee, John Brinson, has been conducting the activity in an unlawful manner or in such a manner as to constitute a menace to the heaith:, safety morals or general welfare of the public. He said there is evidence to show that there is a consistent pattern of unlawful activity on the licensed premises. This evidence will support the conclusion by the Board that Mr. Brinson should not condone the unlawful activities Mr. Masters then+submitted the following exhibits, without objection by Mr. McLaughlin: Ex. 1. Police Reports dated May 27, 1978, Case 74937, with reference to six arrests made on the premises for gambling. Ex. 2. Police Report dated November 1, 1978, Case 85031, an impromptu check of the premises made by uniformed officers of the Police Department. The officers entered the premises, proceeded into the back room and observed Mr. Brinson among the persons who were in the back room of the establishment. Ex. 3. Police Report dated September dealt with an impromptu check made by Operations Section. Officers went on room and observed Mr. Brinson sitting gambling purposes Ex. 5. Police Report of November 8, a gun on the premises. 12, Case 81954. This report officers of the Special the premises, into the back at a table which was used for 1978, Case 85932. Assault with Mr. Masters submitted Exhibit Number 4, a report of controlled substances confiscated on the premises. Mr. McLaughlin objected to the exhibit and it was withdrawn. Mr. Masters then said he would call two witnesses, Captain Vinson Smith and Corporal Kenneth Horvath. Both officers were sworn by the Clerk of the Board. Captain Smith identified himself as a police officer assigned to the Special Operations Section for five years. Mr. Masters asked Captain Smith if, in the course of his police duties, he had occasion to go to the premises at 1240 W. Washington, known as Little Johnnie's Cigar.Store. Captain Smith said he had. Mr. Masters asked Captain Smith to tell the Board what he had seen on those visits. Captain Smith said he personally visited the establishment fifty times in the past year and a half. During this time he said he had seen dice and other kinds of illegal activities. Mr. McLaughlin objected to Captain Smith's reference to illegal activities and said he should refrain from making such statements. Captain Smith then reviewed the following dates and arrests: