HomeMy Public PortalAbout05/15/74 Special CCM34
Wednesday
The Council of the City of Medina met in special session on/May 15, 1974 at
8:10 P. M.
Wayne Neddermeyer - Mayor in Chair
Priscilla Arens - Clerk
All members present
Dick Schieffer, Attorney, presented a record of the Hearings. Moved by Robert
Franklin to accept the record of the Hearing prepared by the City Attorney
as amended.
Seconded by Thomas Stevens „k (3°
Motion carried .P �,N�o
0
The following is copy of the original Resolution No.74-11. Concerning Liquor
Licenses of Gilbert PettitONBEREAS Gilbert Pettit is the holder of on -sale,
off -sale and Sunday liquor license for the 55 Club in the City of Medina; and
P.WHEREAS agents of the Metropolitan Area Narcoltic= Squad (MANS) conducted an
investigation of the 55 Club in February 1974i . 4!8WHEREAS theMedina City Council gm
conduc$ed a formal public hearing to determine what action should be takenreg-,rd
to-lir. Pettit's liquor licenses, details of which hearing are on record *WI
the city; ?itNOW, THEREFORE, BE IT RE OLVED that the Medina City Council does
hereby make' the following findings:PTThat certain violations of law, including
use, Roesession and sale of marijuana took place at the 55 Club in February
1974;i hat the licensee, Gilbert Pettit, did not participate In these
violations;OThat there is sufficient evidence to indicate that one employee
of the 55 Club smoked marijuana while on duty AlThat, because of the open dis-
play, widespread use and distictive smell of marijuana, Mr. Pettit knew or should
have known that it was being used in his establishment;l'hat Mr. Pettit could
not have prevented two individuals from arranging a sale of marijuana, but by
allowing open display and use ofmarijuanahe fostered condltiOns that would
permit a sale uPin ikranfAn �i ATWoe petVet% Sgal4 E� RElitie for
the conduct of�i s emp_oyees and for opera ng s uEness n a manner
consistent with the public health, welfare and safety; 11. That Mr. Pettit failed
to k�.ep proper order in his extablishment and failed to keep it free of dis-
orderly persons, and that activities related to drug use at the 55 Club are not
consistent with the public health, welfare and safety. ,#) 12. BE IT FURTHER
RESOLVE that, based on the foregoing findings, the on -sale, off -sale and
Sunday liquorA licenses issued to Gilbert Pettit by the City of Medina are
hereby suspended for a period of ten consecutive days, during the dates of
May 17, 1974 to May 26, 1974, inclusive; 015. BE IT FURTHER$ RESOLVED
that Gilbert Pettit is hereby put on notice that his license shall be
considered by the Medina City Council to be on a probationary status for
one year from this date, with evidence of a further" major violation being grounds
for revocation.
Moved by Arthur Theis to amend Resolution 74-11 as presented by deleting the
word "directly" in paragratf 6 and substituting the words "is sufficient
evidence to indicate" for Che words "are reasonable indications" in paragraph 7/
Seconded by Robert Franklin
Motion carried
Moved by Arthur Theis to amend Resolution #74-11 by deleting Paragraph 12.
No second - So motion died.
Moved by Robert Franklin to amend the last paragraph by inserting the word
"gajor" after the word "further".
Seconded Arthur Theis
''lotion carried
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Moved by Donald Des Lauriers to amend Resolution No.74-11 by substituting the
words "90 days' for the words "one year" in paragraph 13, with paragraph 12
to ready BE IT RESOLVED THAT, based on the foregoing findsil he on -sale, off -
sale and Sunday li uor licenses issued to Gilbert Pettit be the C5ty of Medina
are hereby suspended for a period of 7 sececutive days, during the dated of
May 17, 1974 to May 23, 1974, inclusive"
No Second - Motion died.
Moved by Thomas Stevens to amend Resolution No. 74-11 by deleting paragraph 12
and substituting the words "two years" for the words "one year" in paragraph 13.
Seconded by Arthur Theis
3 nos- 2 yes - Motion defeated.
Moved by Robert Franklin to amend Resolution No. 74-.1 by deleting paragra ih
13, with paragraph 12 to read: "BE IT further RESOLVED that, based on the
foregoing findings, the on -sale, off -sale and Sunday liquor licenses issued
to Gilbert Patti* by the City of Medina are hereby suspended for a period of
10 consecutive days, during the dates of May 17, 1974, to May 26, 1974,
inclusive.
Seconded by Donald Des Lauriers
4 yes - 1 no - Motion passed.
Moved by Robert Franklin to adopt Resolution No. 74-11 as amended.
Seconded by Donald Des Lauriers
Oyes -lno-
Motion carried
Discussed fgrniture for Village Hall.
Moved by Arthur Theis that the meeting adjourn.
Seconded by Donald Des Lauriers
Motion carried.
Meeting adjourned 11:00 P. M.
Clerk Mayor