ccm19960129COMMON COUNCIL - CITY OF MUSKEGO
MINUTES OF SPECIAL MEETING HELD JANUARY 29, 1996
The meeting was called to order at 7:OO P.M. by Mayor De
Angelis. Also present were Aldermen D'Acquisto, Misko,
Marenda, City Atty. Molter, Chief Johnson and his attorney,
Patterson, Rasmussen, Salentine, Sanders and Suhr, City Clerk
Atty. Garrity and Atty. Reilly.
Clerk noted the meeting was noticed in accordance with the open
meeting law on 1/26/96.
Reso. #37-96 - Resolution Approving the Stipulation and
Entering the Order in the Matter of the Revocation or
Suspension of "Class B" Retailer's License for the Sale of
Fermented Malt Beverages and Intoxicating Liquors of J. C.
Business Ventures, Ltd. d/b/a J. C. Hammers, James Crivello,
registered agent. Suhr moved for adoption. Salentine
seconded. Atty. Molter explained that he is the attorney for
Atty. Garrity. Atty. Reilly is the attorney for Mr. Crivello.
the City, Chief Johnson is the complainant and his attorney is
The Council sits as a judge. These parties have entered into a
stipulation. If the Council approves, this matter will be
settled. This is not the hearing on the revocation. If the
stipulation is not approved, the hearing is scheduled for
1/30/96.
Atty. Garrity stated that in preparing for the hearing a
proposal has been made that the tavern owner receive a penalty
and forego the hearing. The Council is being asked to enter an
order for a 90-day suspension of the license from 3/30/96 to
6/28/96. A stipulation has been prepared and executed and
brought forward as a disposition of this matter. The
suspension for that period of time is what the Department is
Council, the Police Department will obtain the remedy it is
looking for in this matter. If the order is signed by the
seeking and it is less costly than a trial and appeals.
Atty. Reilly stated he agreed with comments made by Atty.
Crivello will bring someone in to take over the running of the
Garrity. Our main emphasis is the 60 day window in which Mr.
business and obtain the license. These alleged violations took
place in October and November and the person running the tavern
was fired in December. We are looking for this Council to
approve.
Chief Johnson stated his mission is to create an atmosphere of
safe tavern operation. My goal was to get an attitude
adjustment from Mr. Crivello. A 90-day suspension is the
automatic adjustment. He probably is going to go out of
business and another will take over. We will have to watch the
advantage of. Probably in 60 days we'll have a new owner. 60-day period closely to make sure we're not being taken
Common Council Special Meeting 1/29/96
Page Two
Atty. Molter stated he feels this is an extremely realistic
consider accepting and approving the stipulation.
settlement of this matter and asked the Council to strongly
Atty. Reilly stated at this point he would have no objections
to responding to any questions.
Ald. Patterson asked what would happen if a violation occurred
called in for a hearing and another complaint could be filed.
in the 60-day period. Atty. Garrity responded he could be
Ald. Misko asked what if he sells the business to a silent
what we want? Atty. Molter stated if he went to hearing and
partner and he gets a license approved, will this accomplish
you decided to revoke or suspend, the same thing could happen.
Moeion to adopt Reso. #37-96 carried 5-2 with Patterson,
Rasmussen, Salentine, Sanders and Suhr voting "yes" and
D'Acquisto and Misko voting "no". Ald. Sanders moved to
adjourn at 7:22 P.M. Ald. Suhr seconded, carried.
Respectfully submitted, A ymwm-" an K. Marenda, CMC
khty Clerk
jm