HomeMy Public PortalAboutResolution 63-305RESOLUTION NO. 63 -305
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY RESPECTING
DENIAL OF ISSUANCE OF ENTERTAINMENT
LICENSE TO HAL BROADHEAD FOR USE AT
PREMISES KNOWN AS THE "JOLLY COACH-
MAN", LOCATED AT 9151 -9153 LAS TUNAS
DRIVE, TEMPLE CITY, CALIFORNIA.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Temple City
does find as follows:
(a) Hal Broadhead, hereinafter referred to as
"Applicant ", applied for and was duly issued Entertainment
License No. 8136 for the fiscal year July 1, 1962, to June 30,
1963, for the purpose of conducting entertainment at that cer-
tain place of business known as the "Jolly Coachman ", located
at 9151 -9153 Las Tunas Drive, Temple City, California.
(b) That on June 27, 1963, the Applicant filed
for renewal of said Entertainment License No. 8136; that at
the time of the filing of his application the Applicant and the
City had appeared before the Superior Court of the State of
California in Case No. 815324 respecting a petition for writ of
mandamus to stay the revocation of the said license issued for
the period from July 1, 1962 to June 30, 1963, hereinafter ref-
erenced as the "1962 -1963 license "; that in the event the
Superior Court in the afore - referenced action sustained the
revocation of the Applicant's 1962 -1963 license, effective as
of March 1, 1963, the Applicant would have been barred from
reapplying for a license for a period of six months from
March 1, 1963, pursuant to Ordinance No. 60 -10 (Section 95 of
Ordinance 5860) of the City of Temple City and consequently a
public hearing upon a new license would be a matter of lost
motion as any license issued would be rendered void by affirm-
ance of the revocation; that in an effort to avoid any inequities
the City Council continued any action in holding a public hear-
ing, permitting the Applicant to conduct entertainment upon the
above - referenced premises upon a temporary permit basis; that
by July 5, 1963, no decision of the Court having been ren-
dered, the City determined to hold a public hearing upon the
issuance of an entertainment license to the Applicant for the
year July 1, 1963 to June 30, 1964, hereinafter referenced as
the "1963 -1964 license ", pursuant to provisions of said Ordi-
nance 60 -10 and its therein incorporated provisions of Ordinance
5860; that on July 22, 1963, at 8:00 p.m., pursuant to notice
given to Applicant and to owners of property within the sur-
rounding area, and pursuant to law and said Ordinance 60 -10,
a public hearing was held; that at said time and place the
Applicant through his attorney, Fred M. Howser, informed the
City Council he would not appear other than to object to the
legality of the proceedings, contending and advising the City
Council the restraining order in Case No. 815324 of the Super-
ior Court, referenced above, precluded the City from holding a
public hearing upon the issuance of a new license for the 1963-
1964 period; that the City Attorney of the City advised the
City Council said order only applied to the 1962 -1963 license
and not to the entirely new subject matter of issuance of a
license for the 1963 -1964 period; that based upon information
that the Superior Court was expected to render its decision
within approximately six days from the date of the July 22,
1963, hearing, the City Council continued the hearing to
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August 12,1963, at 8:00 o'clock p.m., for such guide posts
respecting conduct of any public hearing before a city council
as the decision of the Superior Court in the afore - referenced
action might afford; that on August 12,1963, the continued
public hearing was opened and the presiding officer, the Mayor,
gave the opportunity to anyone who desired to speak so to do;
no one appeared on behalf of the Applicant, but a letter was
read into the record from Applicant's attorney requesting a
continuance of the subject public hearing due to the fact he
would be away from the area on his vacation; the letter request
was denied by a majority vote and the public hearing was duly
closed, the matter taken under advisement for decision; and,
after discussion, upon motion duly made and (majority) passed,
it was resolved that the application of Hal Broadhead for an
entertainment license at 9153 East Las Tunas Drive, Temple City,
for the 1963 -1964 period be denied and the City Attorney be
instructed to prepare a formal resolution for action by the
City Council.
(c) That the granting of any entertainment license
to the Applicant would be detrimental to the public interest.
(d) That the renewal of any entertainment license
to the Applicant would be detrimental to the public interest.
SECTION 2: The application of Hal Broadhead for an
entertainment license for the license year of July 1, 1963, to
June 30, 1964, or any other period, is hereby denied.
PASSED AND ADOPTED this 26th day of August, 1963.
ATTEST:
Ma or, Ci ' •f emple ity
California
Ulfilkqfettraity o empl; ity,
California
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