HomeMy WebLinkAbout1974/05/06 - ADMIN - Minutes - City Council - RegularREPLACEMENT IT
Council Minutes, May 6, 1974
7. PETITIONS, REQUESTS AND COMMUNICATIONS
(a) REQUEST OF EDWARD M. COHEN TO ADDRESS COUNCIL CONCERNING THE O'TOOLE
ESTABLISHMENT
Edward Cohem, counsel for Bunny's Liquors, Inc., questioned the legality
of the O'Toole operation. He stated that since there are two separate
buildings involved that State Statutes are being violated. Mr. Cohen
stated that he had researched background of this establishment and feels
that it was constructed without a proper permit. He indicated that he
had been in contact with the Liquor Control Commissioner's office
relative to this matter.
The City Attorney stated that he and the City Manager met with the
Liquor Control Commissioner and his assistant on Thursday, May 2, 1974.
The Commissioner concurred with the City Council's decision in allowing the
the operation because on -sale licenses are left up to local action.
The Commissioner's office has taken the position that O'Toole's
satisfies all statutory requirements of the Liquor Licensing Law.
The City Attorney stated that it is his opinion that the Council can
determine the definition of "compact and contiguous space." He
stated there is nothing in the State Statute regarding building shape
or size, and that it is his opinion that the description of the
premises complies with the "compact and contiguous" provision of state law.
Mr. Cohen presented the Council with a copy of two bills - one received
from O'Toole's and one from Jennings Red Coach. Mayor Fleetham noted
that the bills were from Jennings Red Coach Inn, 4630 Excelsior Blvd,
however, on one of the bills the name Timothy O'Toole's appeared above
the account number. He advised the Council that such billing seems to
imply two separate businesses. He then suggested that perhaps under this
determination that his client, Bunny's Liquors, Inc., could obtain one
liquor license for all of his property, since it appeared to him that the
license for Jennings apparently was meant for the entire plat. He suggestE
that Woody's, being on the same plat as Jennings, should be entitled to
serve liquor under the Jennings license.
Mayor Fleetham asked the City Attorney to report on Woody's position on
the plat in this matter.
Councilman Druskin stated that he thought the meeting between the Liquor
Commissioner and the City Attorney and City Manager was to also include
Mr. Cohen. He then requested that the City Manager gather background
information relative to this entire matter by the next meeting of the
Council.
(b) REQUEST OF SHELARD DEVELOPMENT FOR PERMISSION TO PLACE TEMPORARY CONCRETE
BATCH PLANT AT THE SITE OF THE MULTI -STORY OFFICE BUILDING DURING ITS CON-
STRUCTION
Mayor Fleetham recognized Ray Reierson of the Model Stone Company relative
to his request to install a portable concrete plant in Shelard Park.
Mr. Reierson stated that until recently, he thought this matter was
covered in the original building permit; however, he subsequently was
informed that this operation required Council approval.
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