The URL can be used to link to this page

Home My WebLink Aboutagenda.2020-01-03.packet.pdfCITY of CAPE GIRARDEAU Liquor License Review Board Friday, January 3, 2020 Osage Centre — Room IA 1625 N Kingshighway Cape Girardeau, MO 63701 10:00 a.m. AGENDA 1. Call to Order 2. Introduction and Opening Comments 3. Approval of Minutes of July 22, 2019, meeting. 4. Appeal Review: Suspension of Retail Liquor By The Drink Liquor License held by Jamaal Carter, d/b/a The Barnyard, located at 731 Broadway, Cape Girardeau, Missouri a. Applicant Comment b. City Staff Comment c. Board review, discussion, and possible action 5. Adjourn The Liquor License Review Board of the City of Cape Girardeau, Missouri, may vote to hold a closed session to discuss issues listed in RSMo. Section 610.021, including but not limited to: legal actions, causes of legal action or litigation, or confidential or privileged communications with its attorneys. CITY CAPE GIRARDEAU Liquor License Review Board July 22, 2019 City Council Chambers 4011ndependence Cape Girardeau, MO 63701 Board Present: Lori Meyer, Human Resources Manager, Chief Review Officer Alex McElroy, Development Services Director Brandon Cooper City Staff Present: Gayle Conrad, Director of Citizen Services/City Clerk Greg Young, Assistant City Attorney Cpl. Richard Couch, Police Department Others Present: Ron Garms, attorney for River Valley Banquet Center Ricky Werner Ms. Elledge, Court Reporter ('all to nrripr Chief Review Officer Lori Meyer called the meeting to order at 2:00 p.m., stated the purpose of the meeting, introduced the board members present, and explained the rules of procedure for addressing the Board. A Motion was made by Cooper, Seconded by McElroy, to approve the April 18, 2019, Liquor License Review Board regular and closed session meeting minutes. Motion passed. 3-0. Ayes: Cooper, McElroy and Meyer. Items for Review Review of appeal of denial of Liquor License Renewal Application for a Retail Liquor by the Drink and Sunday Sales Liquor License for Ricky Lynn Werner, d/b/a River Valley Banquet Center, LLC, located at 631 South Sprigg Street, Cape Girardeau, Missouri Chief Review Officer Lori Meyer called for Applicant Comment. Mr. Ron Garms appeared representing Ricky Werner, d/b/a River Valley Banquet Center. He stated that a kitchen has been installed, inspections have been completed, and this location is now a restaurant. He reviewed the incidents that occurred at this location as referenced in the Police Department's recommendation included with the liquor license renewal application. Mr. Garms stated the three referenced incidents have no link to this liquor license renewal. The police reports on the incidents were incomplete and misleading. The reports were given to the City Manager without any statements from other witnesses, Liquor License Review Board 1 July 22, 2019 CITY Q/ CAPE GIRARDEAU and Mr. Garms felt this information, as well as information in the press, was used to deny the renewal. Mr. Garms questioned if this establishment was located somewhere else in the city, would it have been determined to be detrimental to the neighborhood? The City attempted to enforce its Chronic Nuisance Ordinance against the establishment, and he felt there was not proper due process. He also stated that the City was holding Mr. Werner to a higher standard than city ordinance and state statute require. In the written recommendation to deny this liquor license, Lt. Brad Smith alleged that Mr. Werner had proven himself in the past unable to properly operate a bar. However, Mr. Werner has never had a license revoked, denied or suspended. Mr. Garms continued that this matter is dealing with a license that is equivalent to a house. The City is attempting to take Mr. Werner's house. The U.S. Constitution recognizes the right to have a liquor license as property under the constitution. Mr. Werner read City Code of Ordinances Section 1-9 relating to application of the City Code on acts performed in and outside city limits. He stated that while the City can adopt ordinances, they are subordinate to the U.S. and State constitutions. The City's ordinance establishing the Liquor License Review Board raises due process issues because to him it is inherently biased based upon how the members are appointed and the inability to present witnesses or evidence in a hearing. Mr. Garms further explained his opposition to this ordinance. Two of the offenses referenced in the Police recommendation involve operating this facility without a valid business license. A citation is an allegation of facts, not a final determination by a trial of fact, and it is not final until it is fully appealed through the court system. City Code Section 15-2 requires licensing for certain occupations, businesses and trades, and none of those defined in the ordinance cover what Mr. Werner is doing as a banquet hall. Therefore, in Mr. Garms' opinion, Mr. Werner is not required to get a business license. After the citations were issued, Mr. Werner applied for a business license, and the City categorized his business as a "public hall." The courts have defined a public hall, and a building that is carried on as a private enterprise is not a public hall. Mr. Werner operates a private banquet center and not a public hall. Under the Missouri Supreme Court, the City incorrectly categorized Mr. Werner's business, and ultimately charged Mr. Werner with a misdemeanor violation, which is not correct. Mr. Garms then reviewed City Code Section 1-8 relating to general penalties for misdemeanor violations of the City Code. The business license section of the City Code also contains a financial penalty provision. The City cannot turn a violation of the business license ordinance into a misdemeanor merely by finding he did not complete an act that he should have done. Mr. Garms reviewed information in the Board agenda packet, including a letter from Lt. Brad Smith, a letter from Chief Wes Blair, and a list of police calls to 631 South Sprigg. Mr. Garms explained that Mr. Werner cannot be held liable for every police response that occurred near 631 South Sprigg, as some were simply traffic stops, trespass, suspicious person, and property damage that were offenses not associated with Mr. Werner's Liquor License Review Board 2 July 22, 2019 CITY 0/ CAPE GIRA DEAU business. Mr. Garms reviewed in detail information and a photo of the area relating to the referenced incident where numerous shots were fired. There was not proper evidence to determine where the shots came from, and these were unrelated to the operation of this business. Mr. Garms presented an affidavit from a witness of the shooting incident stating that the witness offered to give a statement of what he saw at the scene, but the Police were not interested in taking his statement. Mr. Garms reviewed further and discussed in length the three referenced incidents in the Police Department's recommendation for denial. Chief Review Officer Lori Meyer called for Staff Comment. Mrs. Meyer commented that statements in the board agenda packet did indicate that the instances occurred on the premise in question. She asked Mr. Garms to confirm whether or not Mr. Werner operated his establishment without a business license for approximately four months. Mr. Garms responded that a license had not been issued, but it was his position that Mr. Werner is not required to have a business license. Mr. Cooper reviewed and discussed the reports and incidents contained on the Police citation log included in the agenda packet related to 631 South Sprigg. He questioned if Mr. Werner has a list of events and the dates held at his location. Mr. Garms replied that one could be prepared. However, there are incidents on the Police log that could have occurred outside of Mr. Werner's venue that had nothing to do with his business operation. The address is just a point of reference when complaints are called in to the Police. Mr. Garms continued that Mr. Werner is not always on premise when an event is in progress, but it is his opinion that many of the incidents would have occurred at the address with or without Mr. Werner being present. Mr. Cooper stated that the Board takes into consideration what actions an owner of a business takes to remedy any issues that occur on the premise. Between the incident that occurred in March 2019 and the current date, what measures have been taken by the owner to prevent these types of incidents from occurring again? Mr. Garms commented that Mr. Werner met with the Police Department when his property was identified as a Chronic Nuisance. He installed lights on the parking lot and agreed to get more detailed contracts with the people who lease his facility for an event. Upon questioning, Mr. Werner stated that Manager Jimmy Seabaugh and a bartender were on the business premise when the incidents occurred. The Board members further discussed the incidents that occurred at this business premise. Mrs. Meyer asked if there were statements from the Police Department on this issue. Cpl. Couch appeared and read the written report prepared by Lt. Smith attached to the liquor license renewal application stating the reason for recommending denial of the liquor license. He continued that as of the date of the hearing Mr. Gary Tate with the Missouri Division of Liquor Control had informed the Police Department that Mr. Werner did not have a current, valid state liquor license. Lt. Couch stated that the sign in front of Mr. Werner's business now states that the premise is open daily at 11 a.m. Upon questioning Liquor License Review Board 3 July 22, 2019 CITY Q/ CAPE GIRARUEAU by the Board, Lt. Couch stated he was familiar with the incident logs being referenced and explained how an address is assigned to an incident. He continued that when the Police Department hears of events occurring in the City, they do their due diligence to acquire information about the event, who is performing, who is attending, and other factors about the event. With the incident that occurred on March 31, 2019, the Police Department knew that the person performing at the event had gang affiliations and had seen videos and advertisements of the performer promoting violence. All of this is taken into consideration and may lead to an officer being stationed near an event. With respect to a state liquor license, Mr. Garms explained that the State has received the application but has not responded in a timely manner. He continued that state law says that a business can continue to operate if State Liquor Control has not taken action on the liquor license application. Therefore, the prior state liquor license was still in effect at the time of the events. Upon questioning by Mr. Cooper, Assistant City Attorney Greg Young stated that if the Board makes a determination to uphold the decision of the City Manager to deny the liquor license renewal, the Board must prepare a written decision stating the grounds for the denial. At that point, the decision of the Board can be appealed to the City Council. The Board reviewed and discussed the information provided and the comments presented. Following discussion, Mrs. Meyer made a motion, seconded by Mr. Cooper, to uphold the decision of the City Manager to deny the liquor license renewal for Ricky Lynn Werner, d/b/a River Valley Banquet Center, LLC, 631 South Sprigg Street. The motion passed 3-0. Ayes: Cooper, McElroy and Meyer. Meeting Adjournment There being no further business, the meeting ended at 3:30 p.m. A Motion was made by Mr. Cooper, Seconded by Mrs. Meyer, to adjourn. Motion passed. 3-0. Ayes: Cooper, McElroy and Meyer. Minutes taken by: Gayle Conrad Director of Citizen Services/City Clerk Liquor License Review Board 4 July 22, 2019 tE ct ivi r DFC 1 9 ,IJ1 jg Reque;iIlia i Hewing BeilorE The I icµiar I icense Review Baart I 1;)116,13119 To: Gayle Qanna(I Liquor I icen9e Review Boaucl, City oll Cape Girardeau P.CI. Aax 611, 403 Independence, Cape Girarcleau, MCI E:101 P:573.3 3 9.1'; : a F:513.339.6102 Cltyo-lca l a.anl)lman; i emc nt Fnom: Jamaa! Qa rter The Ba rnya nc I ClfiiaE : 2400 Garrets I ri Unil B, Jail I<sori, N Cl 637A Business: 731 Braadwar151, Cape Girarcletu, MO E 3101 P:224-814-3148 Ealegra enagenayj ala@gmaii.aarn Thi! i� a -lorni al regluesi sou a hea ping I afla re the Iiglua r licem a revievI t c arcl is appeal the susR a :ion al my liglua r license -tor 30 days e•I'leclive 31/3 6jJ2019-1,9/]0]0. Iama failar,Iu,band,(iarrrnunit)lmember who isactlueinIheaarnrnLin ii)lasalo; ,I<elball aoaal far kids with TI a Wt)l o-1 Cape Gira rdea a Park, a n Reiineation. I a m 11 E ctIiirerrl Jr, NBA Coaa1 afltl a Yea ii 2019. 1 just gradu sed 11atit hea 91 N is] aUri 51a -1E N ay 11, 1a39 with my degree. I nun a li le !n� tiri nae compan)l I I rougl Ass uria noa whial R rude ntial just l all t Ion 3A E !Ilion dblla r,. I hi ve lined in Jaii1 son -lor the Iz sl 3 )learn, 11 1 ook me 3 years to E wild tY a Barn. Pla Ian m a support. I a m a corn rn Lin it)11 rsl person vi[ a i. lacking 10 e)ina n 11 a communityantorlainmeai almos RI ere and ligl 1 erier)l day for communil y I !!blit salei)l. Quontln Ga it her of Gt it16 r Rroperities is the a ly one v,il o con ,ia niI)l compli ins a I Out nil I user o9.. He I a s lal<en rnt ny niaa sures to mina cl my business it aludinj I cit nat limited to recouding rna a ncl my business d; il)l with i uclia a nd vide a, E L ilding a con,Iruatian fenae in tl a allerlinIle baol o'1731Broadwa)ltlall lasirnnaciedmytrasl remaval(thealleylo]LIE Way Iaslaen 1lerelarorier:fayearsfar iitilily(Ia enant),ar(Iralaniingmetothepolice ilor:aundcoming Outn)I E uilding weekl)l. He also i ext me saying tha t vie will 1 ave problems FII don't stol toll ing on the rnis in rr y building ever when no music !9 pla)ling. He does not live E )1 i 1 E Barnyard but will iit !n l !s uE 1 icic E ehind my I ciilding cla ily i c1 aall the l slice daily. Many tine e9 11 e oflica rs have said tl i t they aould not understand wl )l he !, compl; it ing, ocher officers 1 a ve been uer)l agi ressiue on I i, bel a If. I have since E een discriminated on I )lit a affliaers olthe ait)l o-1 cage Girardea it to the point m)l own secirnily quit on rr a due t o 11 eiii guidanae wheal well all I a E rougt t ocil in aourt. I l arely h� ue been 41 le 1a m ken anal in my 1 u, ine, s v+il ich I a, onlrl I e E n open , ince 3epl err E E r. I have other bu, ine: s oviner, alonm my ELsiriesistnlpilai si)l lei! iia nuisanaeanclthe)lwanl lojoin mein siiringa petition �gain,i lirr.l nersonall)l am ion pease. Just yeslarda)l another businas, awnen cornpla lned aboiil Mr. Ga !t1 or: action, ELI feel due to hi: in1luenae in it is Qitrl as a lirefiill ler l e aannol be oueroame. I flael Ile sania. [have a law�ler. I am : a uncli rooling the 1 c ilding wt ich, ince l e !s the onl)l one wt o complains sac !cl 1 a not help E y: auncl praaling hi: awn buildings a, well? 1 jci,i need a al ante tole t Bard m well and would Iil<e a fanma 1 l eauing belone i l e liquor liner se review boand to appeal ti a su, pen: ian o 1 my licluan Iiaemio lar 30day, elleclivo 12/300:19-VOU0. lama good person vtiilo i! faralange, aommuniiy, and RUE 1!c safety. RIaaia advi,e. Ja n a a I Ca nl er, over E n, 71 a Barnyard CI'flVl Of CARE GIRARDEAU CIHNICE OF THE CITY NANAGNR LIQUOR R L]ICEN9E ,IUcINENcIICN N OTICE Tl e City all Cape Ginarda�u ligiio:ll licen9a llalc 1 it ]amaal Clar, ar, d/b,Ia Tha Barnyard, located at 731 Hnoadway, Ilia anse No. 3360, for Retail Hiquoil by Iho Drink is hereby SUSPIENIIHD. GROUNM� FOR ACITICIN: 1. Ilioansee did peilmit on fail to pnohil it public onclar oitfonse9 dua to noi9e violaticiis dist i t:11 ing o-1 ha r9, including but not limited 10 a va n I s a a a urring on oil about Cla to 1 a r 26, 2019, November q, 2019, 1` o va mben 23, 2019, Deala n1 t a r (1, 3019, w c I Decern ben 7, 2019, 2. Ilioansee failed tc oparaie tha businets in wat a mannan that it cic asi not aan9tituie a nuipano a . SUSHENSIUN HAFFICAIVH DATH: Decem be:1 . (1, 2019 LFINCIIIH OF 'L IUSHENSICIN: Ten ill a) dayj 71 a iiaeusae n.iay apllaat this suspension by raquastir g a hearing batlare tha liquc:u lieansi raviaw 1 c arid, Thi 'A fitt4n all Neal naquast must ba aacaivecl within ten (I a) clans afters this natiaa e fl suspension vas ue4cbiad. Thi susgensian notice is llnasumacl ranaivad by tha Iicarsen th•ae (3) days afters it is mailed. `llha apllaal must to in writing and adclrersacl to: Cla�lle Conrad, Liquors Ulanse Riview Hound, Clity of Cage Cliinaldvii, P.CI. Basi 611, 441 Ir dig endenQe, Capa Girardeau, MCI 67' 02. .3-42/' tha Clape Ginardaau Clode the SUIVINSION is hereby Onclorad. 13L— Scott Mey Date Cil Man I eartify tl at an this I qI.'—J� clay o f LN b( .r , 2019, I mailed a aapy of this NOTICE to as maal Carter, d/b/a 71 e Barn`land, 1 y first alass mail, postage paid, to the addraas pnoriidacl tha C1it;l t the licansea c tha liquan licanie agpliaati(in: jzm ClIannctt Ln, All t3, Jacksar, MC 6;1' `15 and' 31 Broadway, Ca pi ClirancicaLi, MC 6:lia 1. i�ari Clitli Clerk yo&Y" F FJJr-, t - _-r ,101 Irclagan 1aiias 0all E Glrarcle� u, MOE31113 !lilt -3194 3:Ia Tal .1173-3194342 Fla)l ait)lofcc pe.ardlmaradomart INCIDENT DETAIL REPORT PROHIBITED ACTSINOISES Agency: CAPE GIRARDEAU POLICE DEPARTME Phone: (573) 335-6621 Address : 2530 MARIA LOUISE, CAPE GIRARDEAU MO 63701 DESCRIPTION Incident #: 19006825 Call For Service # : CAPE2019053530 Begin Date/Time: 1012612019 00:46 Occurence Date : Other #: End Date/Time: 1012612019 01:22 Solvability Points: Disposition: CLEARED BY ARREST Date Reported : 1 0/2612 01 9 Total Damage: UCR Disposition: CLEARED BY UCR Disposition Date : 10/26/2019 ARREST Officers Primary Officer : RICHARD COUCH Name: COUCH, RICHARD Role: Reporting Date Assigned _1012612019 OFFENSES 17-157 Primary Violation NCIC Code: IBR Code: UCR Code: 26 PROHIBITED ACTS/NOISES OCATIONS PRIMARY ADDRESS Location Type : Inc Location Address: 731 13ROADWAY Place Name: Cape Girardeau MO 63701 ,PERSONS involvement: ARREST Sex: M Last Name : CARTER Birth Date : - First Name: JAMAAL Eye Color: SRO Primary : (224) 814-3148 MI: Hair Color: BRO Suffix: Hair Length : Race: BLACK Height : 5'11'" Ethnicity: NON HISPANIC Weight: 211 lbs Address : 2400 GARRETT LN # B, Jackson, MO 63755 involvement: REPORTING PARTY Sex: P Last Name : GAITHER Birth Date First Name : KAREN Eye Color: Primary : (573) 979-1790 MI: SUE Hair Color Suffix: Hair Length Race: WHITE Height: Ethnicity: NON HISPANIC Weight: Address: 3026 PATRIOT DR, Cape Girardeau, MO 63701 ARRESTS ! INCIDENT 19006825 ARREST DESCRIPTION CARTER, JAMAAL Arrest Date : 1012612019 00:00 Location: 731 BROADWAY Cape Girardeau, MO 63701 ARREST VIOLATIONS I Violation Code: 17-157 -PROHIBITED ACTSINOISES ARREST EMPLOYEES Name: COUCH, RICHARD Action Date : 1012612019 Role :_ Arresting Agency: CITATIONS • ' INCIDENT 19006825 Printed: 11/25/2019 8:53:50 AM Incident Page 1 of 5 INCIDENT DETAIL REPORT PROHIBITED ACTSMOISES Agency: CAPE GIRARDEAU POLICE DEPARTME Incident # : 19006825 Phone : (573) 335-6621 Address: 2530 MARIA LOUISE, CAPE GIRARDEAU MO 63701 CITATION DESCRIPTION CARTER, JAMAAL Citation # : 160388327 Officer: COUCH, RICHARD Citation Tvoe : Traffic Municipal Assist Officer: Citation Date : 1012512019 19:59 Location: 731 BROADWAY MO CITATION VIOLATIONS Violation Code : 17-157 -PROHIBITED ACTS/NOISES CITATION COURT APPEARANCES Court Date: 11126/2019 9:00:OOAM Court Name: MUNICIPAL COURT Judge : Court Type: Jury Trial : No Comment: Fine Amount : $0.00 Printed: 11/25/2019 9:53:50 AM Incident Page 2 of 5 INCIDENT DETAIL REPORT PROHIBITED ACTS/NOISES Agency: CAPE GIRARDEAU POLICE DEPARTME Incident # : 19006825 Phone: (573) 335-6621 Address: 2530 MARIA LOUISE, CAPE GIRARDEAU MO 63701 INCIDENT NARRATIVE On Saturday, 10-26-19 at approximately 0047 hours I, Corporal Couch and Officer Rogers were assigned to the downtown patrol and were dispatched to 731 Broadway the Barnyard for a noise violation. The reporting party said the music that was being played at this location was too loud. It should be noted that I have been addressing this issue for a few weeks now. Prior to the Barnyard opening I made contact with the owner: CITED: CARTER, Jamaal Phone: 224-814-3148 and informed him that his neighbors were concerned about the level of music going to be played and to please make contact with his neighbors to reach some sort of agreement or plan when and if the music became an issue. Carter made contact with one neighbor in particular REPORTING PARTY: GAITHER, Karen Sue Phone: 573-979-1790 as well as her husband Quinten Gaither. The Gaithers own residential rental property to the south of the 700 block of Broadway where the Barnyard is located. To date the Gaithers have called on the following dates regarding issues at this location. 08-29-19 at 2348 hours - peace disturbance/loud music 10-18-19 at 2342 hours - peace disturbance (report #19006657) 10-18-19 at 0045 hours - peace disturbance 10-18-19 at 0112 hours - peace disturbance/loud music 10-26-19 at 0046 hours - peace disturbance/loud music (report 919006825) 10-27-19 at 0009 hours - peace disturbance unruly 10-27-19 at 0022 hours - disturbance unruly (yelling and cursing) 10-27-19 at 0120 hours - vehicle blocking roadway in front of the Barnyard It should be noted that on 10-21-19 at 1354 hours I sent an email to the owner of the Baryard (Carter) and the owner of the Hangout bar explaining the noise ordinances and alcohol ordinances pertaining to their establishments, Mr. Reeza responded that he received the information and would comply. I did not receive a response from Mr. Carter. This was done in hopes of informing those business owners of the ordinances that they could be in violation of. On Saturday, 10-26-19 1 made contact with Ms. Gaither at 118 N. Ellis. Upon making contact with her I could hear music consisting of loud bass coming from the closed rear door of the Barnyard (731 Broadway). She stated that she was going to lose tenants due to the loud music. She further informed me that her husband, Quentin had been in phone contact with Mr. Carter earlier regarding the loud music Printed: 11/25/2019 8:53:56 AM Narratrve Page 1 of 3 Incident Page 3 of 5 INCIDENT DETAIL REPORT PROHIBITED ACTS/NOISES Agency: CAPE GIRARDEAU POLICE DEPARTME Incident # : 19006825 Phone : (573) 335-6621 Address: 2530 MARIA LOUISE, CAPE GIRARDEAU MO 63701 requesting that he turn it down. It should be noted that the rear door of the bar faces the Gaither's residential rental property. Ms. Gaiter informed me that the noise was disturbing their tenants and she would like to make a formal report. Ms, Gaither completed a voluntary statement form and simply stated, "tenants called complaining of noise". While she was completing the statement I stood next to her residential rental property. I specifically stood next to the wall facing the rear of the Barnyard and could still hear the music being played. This wall is t approximately 77 feet from the rear of 731 Broadway. It was reasonable to believe that tenants within this building could hear/feel the music coming from the Barnyard. It should be noted that I could not hear any music coming from the rear of the Hangout bar on this night. I then went to the front door of the business and due to the large crowd had to ask a gentleman out front to have Mr. Carter meet me in the rear of the business. While speaking with this gentleman I could smell the odor of burnt marijuana emitting from inside the business. I then went to 118 N. Ellis and checked the sound again. I confirmed that the music was still loud and could be heard over 50 feet away which is a violation of ordinance 17-157. 1 was then met by Mr. Carter. i I had Mr. Carter stand on the property of 118 N. Ellis and he admitted to being able to hear the music as fwell, I asked him if he received the email I previously sent him regarding this very noise violation and he stated he did receive the email. This communication is included with this report. I also informed him that he was requested reach out to his neighbors and come up with a plan to reduce the music and be respectful of those around his business. He said he had met with Mr. Gaither previously, but requested that he be given a break since it was homecoming weekend. Based on Ms. Gaither's statement and complaint I completed a municipal court citation and issued it to Mr. Carter. CITATION INFORMATION: Citation #: 160388327 Charge: Prohibited Acts / Noise violation Ordinance #: 17-157 Court date: 11-26-19 Court time: 0900 hours After issuing the citation I traveled in my patrol vehicle around to the front of the bar and had to clear pedestrians out of the street using my PA speaker. I then blocked vehicular traffic so the large crowd that was leaving the bar could cross Broadway street safely and return to their vehicles which were parked on the posted -private lot at 724 Broadway - Dollar General. In summary, 731 Broadway the Barnyard is in close proximity to residential properties. Mr. Carter was asked to come up with a plan and work with his neighbors to remedy the issues stemming from his business. Mr. Gaither informed me that after touring the business he suggested to Mr. Carter that he may want to install some walls or sound dampening devices in the rear of the business much like the Hangout constructed to reduce the noise coming out of the back of the building. It is unknown at the time of this report if those additions have been made to the business. My department issued body worn camera was activated and uploaded per policy. Printed: 11/25/2019 8:53:50 AM Narrative Page 2 of 3 Incident Page 4 of 5 INCIDENT DETAIL REPORT PROHIBITED ACTSMOISES Agency: CAPE GIRARDEAU POLICE DEPARTME Incident ft: 190016825 Phone: (573) 335-6621 Address: 2530 MARIA LOUISE, CAPE GIRARDEAU MO 63701 This case is cleared by arrest. Corporal Richard K. Couch 9243 Printed: 11/25/2619 8:53:50 AM Narrative Page 3 of 3 Incident Page 5 of 5 INCIDENT DETAIL REPORT PROHIBITED ACTSMOISES Agency: CAPE GIRARDEAU POLICE DEPARTME Incident # : 19007118 Phone: (573) 335-6621 Address: 2530 MARIA LOUISE, CAPE GIRARDEAU MO 63701 DESCRIPTION Call For Service #: CAPE2019055781 Other #: Disposition : CLEARED BY ARREST UCR Disposition: CLEARED BY ARREST Officers Primary Officer : MATTHEW TISHER Name: TISHER, MATTHEW OFFENSES Begin Date/Time : 11/08/2019 23:50 End Date/Time : 11/09/2019 00:56 Date Reported : 11108/2019 UCR Disposition Date : 11/09/2019 Role : Reporting 117-157 Primary Violation NCIC Code: IBR Code: PROHIBITED ACTSINOISES LOCATIONS I PRIMARY ADDRESS Location Type : Inc Location Address: 731 BROADWAY Place Name: 63755 Cape Girardeau MO 63701 PERSONS VICTIM Sex: M Involvement : CITED Sex: M Last Name : CARTER Birth Date: First Name : JAMAAL Eye Color: BRO MI: Hair Color: BRO Suffix : WHITE Hair Length : Race: BLACK Height : 5'11„ Ethnicity : NON HISPANIC Weight: 211 Ibs Address : 2400 GARRETT LN # B, Jackson, MO 63755 Involvement: VICTIM Sex: M Last Name : GAITHER Birth Date: - First Name : QUENTIN Eye Color: MI: WADE Hair Color: Suffix : Hair Length Race: WHITE Height: Ethnicity : NON HISPANIC Weight: Address: 3026 Patriot DR, Cape Girardeau, MO Occurence Date Solvability Points: Total Damage: _Date Assigned :11/0812019 f UCR Code: 26 Primary: (224) 814-3148 Primary : (573) 979-5301 ARREST DESCRIPTION CARTER, JAMAAL Arrest Date: 11/08/2019 00:00 Location: 731 BROADWAY -Cape Girardeau, MO 63701 ARREST VIOLATIONS Violation Code :17-157 - PROHIBITED ACTSMOISES ARREST EMPLOYEES Name: TISHER, MATTHEW Action Date: 11/8/2019 Role: Arresting Agency: Printed: 11/25/21719 8:54:45 AM Incident Page 1 of 4 INCIDENT DETAIL REPORT PROHIBITED ACTSMOISES Agency: CAPE GIRARDEAU POLICE DEPARTME Phone : (573) 335-6621 Address : 2530 MARIA LOUISE, CAPE GIRARDEAU MO 63701 Incident # : 19007118 CITATION DESCRIPTION CARTER, JAMAAL Citation #: 151129152 Officer: TISHER, MATTHEW Citation TVDe : Criminal Municipal Assist Officer: Citation Date : 11/09/2019 00:41 Location: 731 BROADWAY MO CITATION VIOLATIONS Violation Code : 17-157 -PROHIBITED ACTS/NOISES CITATION COURT APPEARANCES Court Date: 1211012019 9:00:00AM Court Type : Court Name: MUNICIPAL COURT Jury Trial :No Comment: Fine Amount: $0.00 Prinked: 11/25/2019 8:54:45 AM Incident Page 2 of 4 INCIDENT DETAIL REPORT PROHIBITED ACTSINOISES Agency: CAPE GIRARDEAU POLICE DEPARTME Incident # : 19007118 Phone: (573) 335-6621 Address: 2530 MARIA LOUISE, CAPE GIRARDEAU MO 63701 INCIDENT NARRATIVE On Friday, 11-08-2019 at approximately 2353 hrs. I, Ptlm. Tisher DSN 348, responded to 731 Broadway (The Barn) in reference to a peace disturbance caused by music from the business. Upon my arrival I made contact with the victim. VICTIM GAITHER, QUENTIN W. W/M DOB: - PH: 573-979-5301 Gaither stated that the music from The Barn was disturbing the tenants of his property at 118 N. Ellis, which is located on the south side of The Barn, When asked, Gaither stated that the tenants in question were from Croatia and do not feel comfortable speaking to Police so they call him when they have complaints regarding the noise. Gaither stated that when the tenants call, he responds to the property to verify the tenants' complaint before calling Police. Gaither advised that when he arrived to the property, there were subjects at the rear entrance of The Barn that Gaither believed may have been looking out for Gaither due to prior complaints that he has made. Gaither stated that the subjects went inside of the building and he could hear the music become noticeably quieter. While speaking to Gaither, he stated that the music had gradually increased in volume and that the noise "resonates" off of the building where his tenants reside. Gaither advised that the location where I was speaking to him was approximately 75 feet from the edge of his property. While speaking to Gaither I observed that the music from The Barn could be heard clearly. Also, while speaking to Gaither, a female subject opened the rear entrance of the business, which faces Gaither's property. The door remained open for approximately one minute before another subject closed the door. Gaither stated that subjects enter and exit the rear door on a consistent basis amplifying the sound of the music during the time that it is open. Gaither stated that his property is equipped with a security system that records audio and video which has captured the noise and foot traffic emanating from The Barn. Gaither provided a voluntary written statement regarding this incident that will be included with this report. I then went and made contact with the owner of The Barn and had him accompany me to the parking lot located across the street on Broadway. CITED CARTER, JAMAAL. B/M DOB: - PH: 224-814-3148 Carter stated that he did not believe that his business was causing a noise disturbance and advised that there were not many people in attendance at the business. Carter also stated that he did not believe the business was creating a noise disturbance due to not being able to hear the music from the parking lot located at the front side of the business to the north. I explained to Carter that I had spoken to Gaither in the rear of the building and that I could hear the music from The Barn while standing on Gaither's property. Carter stated that he understood and I issued him the following citation. CITATION ISSUED Printed: 11/25/2019 8:54:45 AM Narrative Page 1 of 2 Incident Page 3 of 4 INCIDENT DETAIL REPORT PROHIBITED ACTSINOISES Agency: CAPE GIRARDEAU POLICE DEPARTME Incident #: 19007118 Phone : (573) 335-6621 Address: 2530 MARIA LOUISE, CAPE GIRARDEAU MO 63701 CITATION #: 151129152 PROHIBITED ACTS/NOISE DISTURBANCE COURT DATE; 12-10-2019 cr 0900 HRS, Incident cleared by arrest. Nothing further. Printed: 11/25/2614 8:54:45 AM Narrative Page 2 of 2 incident Page 4 of 4 INCIDENT DETAIL REPORT PROHIBITED ACTSMOISES Agency: CAPE GIRARDEAU POLICE DEPARTME Incident # : 19007441 Phone : (573) 335-6621 4ddress : 2530 MARIA LOUISE, CAPE GIRARDEAU MO 63701 DESCRIPTION Call For Service # : CAPE2019058169 Begin Date/Time : 11/23/2019 23:39 Occurence Date Other # ; End Date/Time : 11/24/2019 00:51 Solvability Points Disposition : CLEARED BY ARREST Date Reported : 1112312019 Total Damage UCR Disposition ; NON-UCR UCR Disposition Date : 11/24/2019 _ REPORTABLE Officers Primary Officer: KRISTOPHER SPALA Name : SPALA, KRISTOPHER OFFENSES 17-157 'Primary Violation NCIC Code: PROHIBITED ACTS/NOISES V LOCATIONS PRIMARY ADDRESS Lavation Type : Inc Location Place Name: PERSONS Involvement: CITED Last Name: CARTER First Name : JAMAAL MI: Suffix: Race: BLACK Ethnicity : NON HISPANIC Address : 2400 GARRETT LN # B, Jackson, MO 63755 Involvement: VICTIM Last Name : GAITHER First Name : QUENTIN MI: WADE Suffix: Race: WHITE Ethnicity : NON HISPANIC Address: 118 N Ellis ST, Cape Girardeau, MO 63701 Role: Reporting Date Assigned :11/23!2019 IBR Code: Address: 731 BROADWAY Cape Girardeau MO 63701 UCR Code: 26 Sex: M Birth Date : - Eye Color: BRO Primary: (224) 814-3148 Hair Color : SRO Hair Length : I Height : 5'11" Weight: 211 Ibs Sex: M Birth Date : - Eye Color: Hair Color: Hair Length Height Weight : Primary: (573) 979-5301 Printed: 11/25/2019 8:55:22 AM Incident Page 1 of 3 INCIDENT DETAIL REPORT PROHIBITED ACTSMOISES Agency: CAPE GIRARDEAU POLICE DEPARTME Incident # : 19007441 Phone : (573) 335-6621 Address : 2530 MARIA LOUISE, CAPE GIRARDEAU MO 63701 INCIDENT NARRATIVE On Saturday, November 23rd, at approximately 2339 hours, 1, Patrolman Spala, DSN 351, responded to 118 N Ellis in reference to a noise complaint. Upon my arrival, I made contact with the victim: VICTIM Gaither, Quentin W Owner of Gaither Property Gaither complained of loud music coming from 731 Broadway at The Barn. Gaither stated he's made numerous complaints of loud music coming from this bar, yet the issues persist. Gaither expressed his desire to sign another complaint for the loud music. While standing with Gaither in the parking lot on the rear of The Barn, I could hear the loud music emanating from the backside of The Barn. Gaither stated the music is causing issues for his tenants that reside at 118 N Ellis, Gaither stated these tenants are on the verge of moving out of 118 N Ellis due to the continuous noise issues stemming from The Barn. Gaither stated the tenants are from Croatia and do not feel comfortable with speaking to law enforcement, and advised that he's stood inside the upper unit of the property to verify the complaint made. Gaither stated he's tried to work things out with the owner of The Barn without success. Gaither claimed the owner of The Barn has attempted to bribe his residents to not make complaints about the noise, advising "illegal stuff" was being offered. While Gaither completed his written statement, I stood in various places listening to the loud music emanating from The Barn. I used my department -issued measuring wheel and got a rough measurement of 64 feet from one side of the parking lot connecting The Barn and the residential property belonging to Gaither. I then stood on the north side of the apartment building at 724 Themis, just south of Gaither's property (very clearly beyond the 50 feet measurement mentioned in the ordinance), and was still able to hear the music. Directly east of The Barn is The Hangout, another bar. At no time did I hear music emanating from the back of this business. The music was very clearly emanating from The Barn. The music was bass -heavy, and at times, a male voice, presumably the DJ, was very clearly heard on top of the music. After Gaither completed his written statement, I then made contact with The Barn's security team at the front of the business and requested they have the owner come out to speak with me. CITED Carter, Jamaal Owner of The Barn Carter came outside and appeared upset at my presence. I informed Carter a noise complaint was received again for his business. Carter became upset and agitated, claiming he was being profiled. I informed Carter multiple times I had a complaining witness that wished to pursue formal charges for the noise violation. Carter insisted everything was fine and claimed he was being targeted. As I brought Carter to where my patrol vehicle was parked behind The Barn to issue him the citation for the noise complaint, he continued to argue his position. I informed Carter multiple times he would need to plead his Printed: 11/25/2619 9:55:22 AM Narrative Page 1 of 2 Incident Page 2 of 3 INCIDENT DETAIL REPORT PROHIBITED ACTS/NOISES Agency: CAPE GIRARDEAU POLICE DEPARTME Phone : (573) 335-6621 Address: 2530 MARIA LOUISE, CAPE GIRARDEAU MO 63701 Incident # : 19007441 case in court, that there was nothing I could do to help him. While standing near my patrol vehicle and still hearing the music emanating from the backside of his business, Carter insisted everything was fine and he wasn't doing anything wrong, emphasizing how Gaither is the only person making complaints about his business, and stated he's even instructed the DJ to lower the volume of the music tonight. I again informed Carter that I was not the person to plead his case to, advising he needed to allow his attorney that he'd referenced to handle the case. I asked Carter if he had any sound -dampening devices installed to help with the acoustics of the venue, to which he stated he did not. I advised Carter it would be in his best interest to install such devices to help with the noise level. Carter was issued the following municipal citation: CITATION 151121232 17-157 Prohibited Acts Noise Disturbance Court date 01/07/2020 at 0900 hours and released with instructions to lower the volume of the music in his business to avoid further noise complaints being made. This incident is yet another in a long list of complaints originating from The Barn. Listed below are a list of calls taken from report 19006825 wherein Gaither has been the complainant. 08-29-19 at 2348 hours - peace disturbance/loud music 10-18-19 at 2342 hours - peace disturbance (report #19006657) 10-18-19 at 0045 hours - peace disturbance 10-18-19 at 0112 hours - peace disturbance/loud music 10-26-19 at 0046 hours - peace disturbance/loud music (report #19006825) 10-27-19 at 0009 hours - peace disturbance unruly 10-27-19 at 0022 hours - disturbance unruly (yelling and cursing) 10-27-19 at 0120 hours - vehicle blocking roadway in front of the Barnyard Additionally, report 19007118 was taken 11/08/19 at approximately 2353 hours with Gaither signing a complaint for noise disturbance and Carter being cited. The citation issued to Carter tonight will be the third citation for noise complaints regarding this business since 10/26/19. This case is cleared by arrest. My body -worn camera was active during this incident and the footage uploaded. I Nothing further. Printed: 11/25/2019 8:55:22 AM Narrative Page 2 of 2 Incident Page 3 of 3 INCIDENT DETAIL REPORT PROHIBITED ACTSiNOISES Agency: CAPE GIRARDEAU POLICE DEPARTME Phone : (573) 335-6621 Address: 2530 MARIA LOUISE, CAPE GIRARDEAU MO 63701 DESCRIPTION CITED Call For Service #: CAPE2019060305 Other # : JAMAAL Disposition: CLEARED BY ARREST UCR Disposition: NON-UCR Race: REPORTABLE Officers Primary Officer: KRISTOPHER SPALA Name: SPALA, KRISTOPHER OFFENSES 17-157 NCIC Code: PROHIBITED ACTS/NOISES LOCATIONS PRIMARY ADDRESS Location Type : Inc Location Place Name: PERSONS Begin Date/Time : 1210612019 23:37 End Date/Time : 12/0712019 00:45 Date Reported : 12/0612019 UCR Disposition Date: 1210712019 Primary Violation Involvement: CITED Last Name: CARTER First Name: JAMAAL MI: BLK Suffix: Cell : (815) 614-9502 Race: BLACK Ethnicity: NON HISPANIC Address: 2400 GARRETT LN # B, Jackson, MO 63755 Involvement : OTHER Last Name: CALBERT First Name: SHANTA MI: LYNITA Suffix: Race: BLACK Ethnicity : NON HISPANIC Address: 6404 COYOTE RIDGE CT, JOLIET, IL 60544 Involvement: OTHER Last Name : NETTLES First Name: DAVID MI: R Suffix: Race: WHITE Ethnicity: NON HISPANIC Address: 725 W INDEPENDENCE ST APT 7, Jackson, MO 63755 Involvement : VICTIM Last Name: GAITHER Role: Reporting ISR Code: Address: 731 BROADWAY Cape Girardeau MO 63701 Incident # : 19007729 Occurence Date Solvability Points Total Damage: Date Assigned 1210612019 UCR Code: 26 Sex: M Birth Date : - Eye Color: BRO Primary : (224) 814-3148 Hair Color: BLK Hair Length : Cell : (815) 614-9502 Height: 511" Weight: 211 lbs Sex: F Birth Date : - Eye Color: BRO Primary: (815) 614-9502 Hair Color: SLK Hair Length : Cell : (815) 614-9502 Height: 5'9" Weight: 190 lbs Sex: M Birth Date : - Eye Color: GRN Primary: (573) 382-8015 Hair Color: BLD Home: (573) 382-8015 Hair Length : Sht Cell : (573) 275-4178 Height: 5'9" Weight: 145 lbs Sex: M Birth Date: - Printed: 12/09/2019 8:09:45 AM Incident Page 1 of 5 INCIDENT DETAIL REPORT PROHIBITED ACTSINOISES Agency: CAPE GIRARDEAU POLICE DEPARTME Incident #: 19007729 Phone: (573) 335-6621 Address: 2530 MARIA LOUISE, CAPE GIRARDEAU MO 63701 First Name : QUENTIN Eye Color: Primary: (573) 979-5301 MI : WADE Hair Color Suffix: Hair Length Race: WHITE Height Ethnicity : NON HISPANIC Weight: Address : 118 N Ellis ST, Cape Girardeau, MO 63701 Printed: 12/09/2019 8:09:45 AM Incident Page 2 of 5 INCIDENT DETAIL REPORT PROHIBITED ACTSINOISES Agency: CAPE GIRARDEAU POLICE DEPARTME Incident #: 19007729 Phone: (573) 335-6621 Address: 2530 MARIA LOUISE, CAPE GIRARDEAU MO 63701 INCIDENT NARRATIVE On Friday, December 6th, at approximately 2337 hours, I, Patrolman Spala, DSN 351, responded to 731 Broadway at The Barn in reference to a noise complaint. I am familiar with this business and the parties involved as I have previously issued a citation for the same type of complaint. Upon my arrival, I made contact with the victim VICTIM Gaither, Quentin Gaither is the owner and also resides at 118 N Ellis. Gaither again complained of noise levels coming from the backside of The Barn. Gaither again complained his tenants are trying to get out of their lease due to the frustrations caused by the chronic noise problems. Gaither was upset due to the issue continuing to happen despite multiple citations being issued and multiple police contacts with the offending party. The sound emanating from the rear of The Barn was very loud. It sounded as if a live band was currently performing. I was able to hear very clear snare drum backbeats, cymbal crashes, and what is referred to as "crash riding" (utilizing a crash cymbal as a ride cymbal); all sounds I am very familiar with due to my own training and experience as a musician. The sound was such that it didn't seem as if any noise -absorbing materials were being used. While Gaither provided his statement: OTHER Nettles, David R exited the rear of the business with another employee who identified himself as a member of security. Inquiry about a possible noise complaint was made. I advised a complaint was being made, and that I needed to speak with: CITED Carter, Jamaal Owner of The Barn I requested Carter be informed of my presence and to make contact with me at my patrol vehicle in the rear of the business. The employee returned inside and Nettles inquired further about the incident. Nettles stated he is in the process of becoming a partner in the business with Carter, handling the culinary aspect of the business. Nettles offered his apologies to Gaither and advised he would take serious steps as a partner in the business to reduce the noise complaints as much as he could. I asked Nettles to inform Carter of my presence as he returned inside the business. Several minutes passed. Having dealt with Carter on previous incidents and knowing him to be the owner of The Barn, I completed all necessary fields of the citation on my handheld ticket device; the information was not saved or printed, allowing for amending or complete erasure if needed. This was done in an effort to expedite the process for Carter's convenience, reducing the amount of time he would be away from operating his business. When Carter still did not make contact with me, I attempted to Printed: 12/09/2019 8:09:45 AM Narrative Page 1 of 3 Incident Page 3 of 5 INCIDENT DETAIL REPORT PROHIBITED ACTSINO€SES Agency: CAPE GIRARDEAU POLICE DEPARTME Incident # : 19007729 Phone: (673) 335-6621 Address: 2530 MARIA LOUISE, CAPE GIRARDEAU MO 63701 enter the rear of the business. The door was locked, but Nettles opened the door. I asked Nettles where Carter was, to which he replied he did not know. I began looking around the inside of the bar for Carter, but was unable to locate him. I asked a group of employees in a rear room of the bar if they knew Carter's whereabouts, to which they replied they did not. I then proceeded to the entrance of the business to inquire with security staff if they'd seen him; since he had not exited the rear, it was likely he had exited the front of the business. Security staff advised they did not see hire. As I returned inside, I was met by: OTHER Calbert, Shanta L Calbert inquired about my presence, to which I advised I needed to speak with Carter. Calbert placed her hand on the back of my shoulder, gestured with her other hand toward the door, and attempted to usher me out of the business, claiming she did not want me to "scare" her customers. I stopped and asked for clarity, which Calbert repeated. After stepping outside with Calbert, she attempted to identify herself first as a manager, then as an owner in the business. During my previous contacts with this business, Calbert is not a party that has been included in any reports, nor have I made contact with her in reference to the noise complaints. Calbert continued to insist she was an owner in the business despite being informed I needed to speak with Carter. I advised Carter I would attempt contact by phone or have his citation mailed to him. Calbert was not able to advise what time Carter had left, and stated she was in possession of his phone to use for the business. I informed Calbert I would pursue other means and ended my contact with her. After returning to my patrol vehicle, I proceeded back to the front of the business to speak with Nettles in hopes he would be able to advise when Carter may have left. Calbert was again standing at the front, and declined to provide me her identifying information, which was later located in Global (a DOR photo from Illinois was obtained for positive identification). I advised Calbert I would simply re-enter the business and locate Nettles myself, to which she replied I would have to wait until he came out or pay a $5 entry fee. I advised Calbert as a business operating with a liquor license in the city of Cape Girardeau, I have the authority to enter the business with or without her approval. As I began to walk to the doorway, Calbert quickly turned around and attempted to enter ahead of me. As Calbert stopped in the doorway, I continued to proceed inside. I reminded Calbert of her previous attempts at pushing me toward the door and advised her if she were to repeat such an action, I would charge her with assault. Calbert denied doing so, and then abruptly stopped in front of me. I proceeded around Calbert to look for Nettles, but did not locate him. Calbert and I spoke near the bar and I again advised I was looking for Carter or information about him. After more arguing from Calbert, Carter approached from the bar. Carter was wearing a hat and hooded sweatshirt, After review of my body -worn camera footage, Carter can be seen standing at the bar while Calbert and I spoke. It's unclear whether or not Carter was present the entire time, or if he was attempting to prevent himself from being recognized. Carter asked what was going on, to which i told him he knew my reason for being there. I advised Carter a noise complaint was received and that he needed to came with me to my patrol vehicle to receive his citation. Carter and Calbert exited the rear of the business while Calbert continued to try interjecting. Carter was informed he was the person I needed to deal with in regards to this matter, and was issued the following citation: Printed: 12/09/2019 8:49:45 AM Narrative Page 2 or 3 Incident Page 4 or 5 INCIDENT DETAIL REPORT PROHIBITED ACTSMOISES Agency: CAPE GIRARDEAU POLICE DEPARTME Incident # : 19007729 Phone : (573) 335-6621 Address: 2530 MARIA LOUISE, CAPE GIRARDEAU MO 63701 CITATION 151124103 17-157 Prohibited Acts Noise Disturbance Court date 01/07/2020 at 0900 hours This incident is the 4th citation Carter has received in regards to the noise complaint, along with several calls for service at this location for this and other reasons. This case is cleared by arrest. My body -worn camera was active during this incident and the footage uploaded. Nothing further. Printed: 12/09/2019 8:09:45 AM Narrative Page 3 of 3 Incident Page 5 of 5 INCIDENT DETAIL REPORT PROHIBITED ACTS/NOISES Agency: CAPE GIRARDEAU POLICE DEPARTME Incident # : 19007749 Phone: (573) 335-6621 Address: 2530 MARIA LOUISE, CAPE GIRARDEAU MO 63701 DESCRIPTION Call For Service # : CAPE2019060476 Other # : Disposition: CLEARED BY ARREST UCR Disposition: MON-UCR REPORTABLE Begin Date/Time : 12/08/2019 00:25 Occurence Date End Date/Time : 12/08/2019 01:14 Solvability Points Date Reported : 1210812019 Total Damage : UCR Disposition Date : 12/08/2019 officers Primary Officer: KRISTOPHER SPALA Name: SPALA, KRISTOPHER OFFENSES 17-157 Primary Violation NCIC Code: PROHIBITED ACTS/NOISES LOCATIONS PRIMARYADDRESS Location Type : Inc Location Place Name: PERSONS Involvement: CITED Last Name: CARTER First Name : JAMAAL MI: Suffix: Race : BLACK Ethnicity : NON HISPANIC Address : 2400 GARRETT LN # B, Jackson, MO 63755 Involvement: VICTIM Last Name: GAITHER First Name: QUENTIN MI: WADE Suffix: Race. WHITE Ethnicity : NON HISPANIC Address: 118 N Ellis ST, Cape Girardeau, MO 63701 Role: Reporting IBR Code: Address: 731 BROADWAY Cape Girardeau MO 63701 Date Assigned :12/0812019 UCR Code: 26 Sex: M Birth Date: - Eye Color: BRO Primary: (224) 814-3148 Hair Color : BLK Hair Length : Height: 511" Weight: 211 lbs Sex: M Birth Date : - Eye Color: Hair Color : Hair Length : Height: Weight: Primary : (573) 979-5301 Printed: 12/49/2019 5:24:35 AM Incident Page 1 or 3 INCIDENT DETAIL REPORT PROHIBITED ACTS/NOISES Agency: CAPE GIRARDEAU POLICE DEPARTME Incident #: 19007749 Phone: (573) 335-6621 Address: 2530 MARIA LOUISE, CAPE GIRARDEAU MO 63701 INCIDENT NARRATIVE On Sunday, December 8th, at approximately 0025 hours, I, Patrolman Spala, DSN 351, responded to 731 Broadway at The Barn in reference to a noise disturbance. I am very familiar with this address and the parties involved from multiple prior contacts and reports. Upon my arrival, I met with the victim in the back parking lot: VICTIM Gaither, Quentin Gaither and his tenants reside at 118 N Ellis. Gaither has made numerous complaints against The Barn for the loud noise emanating from the rear of the business, disturbing the peace of both his tenants and himself. Gaither stated he and his tenants were awakened by the loud music at approximately 2350 hours last night, December 7th. Gaither expressed his frustration for the continuing noise issue, particularly because I had responded Friday, December 6th, and cited The Barn for the same issue. Gaither was further dismayed by the statements made during that incident because an individual identifying himself as a future business partner for The Barn stated he would try to prevent any further noise complaints. Gaither again complained of the issues it's causing with his tenants and how it's affecting his business as a landlord. While Gaither provided a written statement, I stood at various distances, well beyond 50 ft, in my estimation, and was still able to hear the music. I stood on the north side of the building at 724 Themis and was still able to clearly hear the music and a male voice on a microphone. Having dealt with this business on numerous occasions, I knew the owner to be: CITED Carter, Jamaal completed all necessary fields of the citation on my handheld ticket device; the information was not saved or printed, allowing for amending or complete erasure if needed. This was done in an effort to expedite the process for Carter's convenience, reducing the amount of time he would be away from operating his business. I made contact with security staff at the entrance of the business and asked if Carter was on the premises. Security staff advised he was on site, so I requested they inform him of my presence and have him make contact with me at my patrol vehicle parked in the back lot to provide expedience in resolving the matter. I returned to the rear of the business to await Carter. While waiting, I could hear a voice that sounded much like Carter speaking to the crowd inside the bar; having spoken with Carter on several occasions, I am familiar with his voice. I could hear statements being made of the law being involved, how it wasn't going to affect him, and how people would continue to "do their thing". Carter finally exited the rear of the business to speak with me. Another male exited with Carter and began explaining how he'd rented the bar out for the evening. I advised the reale the responsible party for the noise complaint was Carter and that a complaining party wished to pursue charges for the noise disturbance. I informed Carter of the reason for my presence and verified all of his information was still the same. Carter advised all information was the same. As I printed the citation, I could hear security employees at the rear door of The Barn speaking about my presence and how The Hangout (727 Broadway), which is connected to Prinked: 12/09/2419 8:24:35 AM Narrative Page 1 of 2 Incident Page 2 of 3 INCIDENT DETAIL REPORT PROHIBITED ACTSINOISES Agency: CAPE GIRARDEAU POLICE DEPARTME Incident #: 19007749 Phone : (573) 335-6621 Address: 2530 MARIA LOUISE, CAPE GIRARDEAU MO 63701 The Barn, was not being investigated. I advised the noise was identified as coming from The Barn and that no music could be heard emanating from the back of The Hangout. I issued Carter the following citation: CITATION 151121235 17-157 Prohibited Acts Noise Disturbance Court date 01/07/2020 at 0900 hours This is the third citation I have issued to Carter for the noise complaints at his business. Two additional citations have been issued by other officers, and numerous calls for service have been placed regarding this business. This case is cleared by arrest. My body -worn camera was active during this incident and the footage uploaded. Nothing further. Printed: 12/09/2019 8:24:35 AM Narrative Page 2 of 2 Incident Page 3 of 3 CITY apt CAPE GIRARDEAU OFFICE OF THE CITY ATTORNEY December 11, 2019 Nikolaos Sakarelos Naxj Properties LLC 2018 Kenneth Drive Cape Girardeau, MO 63701 Re: 731 Broadway — Chronic Nuisance Notice Dear Mr. Sakarelos: Please be advised that the property at 731 Broadway is a chronic nuisance pursuant to Chapter 17, Section 300, of the Code of Ordinances of the City of Cape Girardeau, Missouri, and this letter shall serve as your Notice that the property is subject to being declared a chronic nuisance property. The city police department has filed multiple incident reports for offenses against public order at 731 Broadway within the last twelve months. Please find enclosed herein a ledger of those reports which is included by reference to this notice. After a period of fifteen days from the date of this notice, I will determine whether the nuisance activities have been abated or whether I am satisfied that reasonable efforts toward abatement have been made by the owner. If the property at 731 Broadway is declared a chronic nuisance, the structure located upon the property is subject to closure for a period of one year. If you have questions or would like to present your efforts toward abatement, please contact my office upon receipt of this letter. GSYIdr Enclosure Respectfully, Gregory S. Young Assistant City Attorney City of Cape Girardeau e 401 independence Cape Girardeau, MO 63703 573-339-6324 Tel 573-339-0284 Fax cityofcape.orglcityattorney Date CFS 10/18/2019 0:45 CAPE2019052134 10/18/2019 1:12 CAPE2019052136 Report # Call ReasonAddress DISTURBANCE PEACE DISTURBANCE PEACE 731 BROADWAY 731 BROADWAY 10/18/2019 23:42 CAPE2019052324 19006657 DISTURBANCE PEACE 731 BROADWAY 10/26/2019 0:46 CAPE2019053530 19006825 DISTURBANCE PEACE 731 BROADWAY 10/27/2019 0:09 CAPE2019053700 DISTURBANCE UNRULY 731 BROADWAY 10/27/20191:20 CAPE2019053706 TRAFFIC HAZARD 731 BROADWAY 11/08/2019 23:50 CAPE2019055781 19007118 DISTURBANCE PEACE 731 BROADWAY 11/16/2019 1:33 CAPE2019056865 SUSPICIOUS ACTIVITY 731 BROADWAY 11/22/2019 19:36 CAPE2019057966 INFORMATION FOR OFCR 731 BROADWAY 11/23/2019 23:39 CAPE2019058169 19007441 DISTURBANCE PEACE 731 BROADWAY 11/29/2019 0:32 CAPE2019058943 DISTURBANCE PEACE 731 BROADWAY 12/06/2019 23:37 CAPE2019060305 19007729 DISTURBANCE PEACE 731 BROADWAY 12/08/2019 0:25 CAPE2019060476 19007749 DISTURBANCE PEACE 731 BROADWAY From: Gaither, Quentin Sent: Wednesday, December 11, 2019 12:01 PM To: Couch, Richard Subject: 731 Broadway ( The Barn ) Officer Couch, I just sent you four separate videos. Please let me know that you received each of the four, as I had trouble getting them to send. Also I have several more, but it would just show the same problems, night after night, of Mr. Carter and his bar having absolutely no respect or regard for the disruption to our properties at 118 N. Ellis. Each is just a few minutes and only shows a small fraction of what we are dealing with, on several nights for many hours each week, regarding The Barn at 731 Broadway. One of the videos in color was sent to show that not only do we deal with the excessive noise levels, but you can see that they will also just open up the rear exit at the end of some nights, and all the patrons are herded out into our parking area, carrying noise and disruption with them. The other two videos in color, show the extreme noise levels that continued, even after the officer that we called to the property had issued Mr. Carter a citation on 11-24-2019. The one in particular shows an example of someone very explicitly shouting obscenities over a microphone, with the F - word and MF- word being used repeatedly. Besides the ridiculous noise levels these obscenities are very offensive to myself and other tenants, at anytime, let alone 1:00 in the morning. The only black and white video that I sent was from one of our security cameras during this past Thanksgiving weekend. I was out of town when tenants, along with family that was visiting, called complaining about the noise. That camera is mounted near windows and doors on the property and even though it doesn't have near the quality as the I -Phone videos, it gives an example of the lack of regard for the residents in the area, even on a Thanksgiving night/ Friday morning. Police were called, but with me being away with family and not being there to sign the complaint, the officer said he could just warn him. This involves me personally as well as several tenants that are very disgruntled, angry, and concerned about the future of them being able to stay at the property if something is not done. All involved just want quiet safe enjoyment of their residence, like all other citizens in the city are entitled, and for Jay Carter and The Barn to do what is necessary to soundproof the business or quite simply keep the noise volume down to acceptable levels. I would appreciate this information being shared with all those who can help with resolving this. Thanks for your consideration and time, Quentin Gaither C I T Y 0 CAPE Business License 2019 G I R A R D E A U License Number 3360 CUSTOMER SERVICE Issue Date 09/04/2019 BUSINESS NAME & • • %Expiration Date 06/30/2020 THE BARNYARD Category LIQUOR LICENSE 731 BROADWAY CAPE GIRARDEAU MO 63701 Type RETAIL LIQ BY THE DRINK By: AAAb Ol- CM/46t City Clerk By: �� Mayor POST IN A CONSPICUOUS PLACE NON -TRANSFERABLE Business License +C I TY O CAPE 2019 G I R A R d E A U License Number 3360 CUSTOMER SERVICE Issue Date 09/04/2019 BUSINESS NAME & LOCATION Expiration Date 06/30/2020 THE BARNYARD Category LIQUOR LICENSE 731 BROADWAY CAPE GIRARDEAU MO 63701 Type RETAIL LIQ BY THE DRINK THE BARNYARD 731 BROADWAY ST CAPE GIRARDEAU, MO 63701 By: AAA6 4an CM046k City Clerk By: �i� Mayor POST IN A CONSPICUOUS PLACE Office Copy NON -TRANSFERABLE LICIUOFlI L ICIONSE APPL1QtrITm Data Jul mitred: CITY of CARE CIRARDEAL Di sir( dSiIii! 9tartDito: CU3101VER SE RVICE OMRICI , 4111 INDEPEFIDEIPIIJa 5T, CAPM GIRARDEALI, M062703,513 -J31-6123 �L All geresitiani (ll pag e9) an to is ail plias tiou me st ba ansKN re d c miIletaly bnfoni tho ailplieaition rn fll be i ions A!snot! 01nawerl nit;rt be tynecl on leg iblfl lI nintec l WA err na.ca;rso M aeapand al a sapn rc to c loaument. A t aa1 grac ind cl el 1 niti.lt aitivniganyl to is anplice ition SN;rit+niwiwi.maals.mahp.dps.nro.aaiioobtcin aualaak roundnle�Jc. '' Y 9 Alppliaaiion Fon (al eol all that apply) 5% Lic uor I )1 11 he Drin I, Address Office whole a lens oll N alt I iquor Not it buless ( f 5% .lamb 21 Carte r 2,100 Own tt L n Apt B. Taal sc n, MO Iunda)l St les RetailIiquarIylho0rink ✓ Who4iialersollInlaxiaatingIiqu(r—Under 22% Wine Tasting Original Pacl ale Lic uor Whole lers otl In-laxiaating I ignar —All Kim ch Consurnpiion c I iquor ManufaatUrers ala eer Dis-lillers/Manufacturers of Liquor Apl liaant',i Tull Plamn (lint, Middle, I ast) la rr as I Carter 11whiess Name -Ir a Barn ya v e Address ress 244 D Clarrett L n. Alt B. F h�lslcal Ai Iclrem 731 Bra afta)l St Cityl, State, ZIp ,Iacl,san, N 0 93751 Uipl, state, Gill Cape (lira rclea u, N Cl 63701 Email Address theglre enaclenayjayagglmail.aom Number of Stork s 1 Pll nit er of A c a ms 1 Business Rhone 22dl-E 14-3148 A dditional, deiaik d clesnription cf IrE n isEs- i II areas Iistl d are subjectto Insll E c Ion N aim raonl Bar area, Back storage area TtiIlle of Ownership (note special s( itioes bytype below) Ilarlcratici W1 Flarinarsl ip ❑ RnigriEtershirjolE Owner ❑ ..............Are 1Iau In present po; sassion of 0 a peen ises desanibed above? +19,r NO Ane anyl altera-ions is t he I uildin8 or pren ises aurnently underway ar planned in -he immediate future? 11E: n NO 4l Ha; t here t e en a liquor license issued within the pas- ,rix n ant h s Hrhiah was sirr ilar o r less restuicilhiel )IR .C. NO � II NO: EAaI-I AIA I ICAr I7 W 11 L I I (IR EN A JIGN 70 131111 a 9TE D AOR AT LIAST TON DAYS RF ION TO OOUNCIL A 07110 PI. TF B 9IGr I WILL CONTAIN THII NOTICI OF APR LIOATIOPI AND THE TINE WHIM AND f LACI WHIP 1 THI COI Ir IUII SHALL OONSID EN TF IAF PI ]CATION. Till AN PI IIIA PIT 9HALI 19 RISRONSIE LB FOR ROSTING THE 91( PI. WH [I PI GIl ON TH1 SI( PITO F OIT, A WOODEN ITAKE(S) MIILL A 1-90 11 I GIVEN, IN WHICH THE APPLICANT MUST RETURN IN ORDER TO RECEIVE THEIR LIQUOR LICENSE. (SEC. 5-341'q n ivon on ��j�A -v D094 avioidP. 4 -Mt- I Will tl a licensed pre rr ises, or i he I uildia® in whiah it is located, be wkhin ZOO feet of a : cl col or ahurcl , IYES n PIO II' INI: NO LIIANIA SHAT L BI GRA PITIO FOR THR SAI E OF INTO)IICATING l IQUOR WITHIN TWO 11LIP10 F EI FIET OI ANY SIHOOL, C1ItIACH, OR OTHOR EUII DING F EGULAIt'I UIED A 9 A I IAIA UR I ELIGIOUI WO09HIR. (SIO. 1-6) TO BE COM PLETEE BY CORPORATION 9 CIN LY !tate ihecxaoi carlianata name of appliaani Siaieiha dateand place of incorporation TI a Draavi Ll C . 04/01/2097 Cape Girardae u, N 0 It t( the acidre;rs a f0 a prinafpaI oflici of -hi conllanatic n 1400 Garrett Ln Elpt B. .V loksoil, MO 63 -155 ltata i he in mei and nosidenae acldre ses of all aff(aers of t he conponatia n and i l e ofliae I e Id b)l ea ah. lull Name Address Office DOB .lamb 21 Carte r 2,100 Own tt L n Apt B. Taal sc n, MO Owr e r 'taledamesofallstockholdersanir 0eiurnbercfslaresown edI1laacl (If not anlosel5Iheld carill araiion, lisI-losewho (wnall Wait 10% of issued stook) 10 B8 camPLETE17 BY PARTM ERSH IPS ON I Y State the name t1 a parinerihip State dale par nersl ip rcra,a'lerrned State the name a all par nets Aull Name (iAVmaic len) 1108 DtU%iedj it lcanje Alo, AIL RAMMNINGQLOSTICINSMLS181WIMEIEDBYAILAIR PIICAIN11S OF OI III: 9 THII ROLL OWING If IAOR NATION PEI7AINIPla TO THEN APIA I IPIG OIF ICIR OF 11FIB CORIORA110P1, SACH RAR TIN OR 01 A RAF TNERS HIR Of 71-19 OWP IIR OF A SOLI PROPRIITOF SHIN Naralling 0111iuerFill Name(wilI NaIda ni1All Rlinabla) 0ateaIF Bir h Pia asa-1BirlI JanlaalCarlEr L9Cltizan? YOS P10 IVe)iiaa,N0 4urrert Residential Address C river's I ieenje NuhiI er,IStato Soaial Soctirit}I Number a 401 Garrett I n Apt B. ally, 91ale Zill All Iormer Driver's Licenses (List nurnk erand stale) Jackson, N 0137; l ist a II llormer n t ma s a n d corresponding c la i o list la: t I S �Iea rs of fa rrn e r a c Idre ssa s a n d aorre; q on+ling i late s Plame Iram 7a Addram Oram To 14(0QarrettInApt 9,18aksor M063765 112U11 Areient 1414 Coyote Ridge Ct. Pla infix Id IL 6( 51 E !112U 11 11121 11 11131(6 (,12(11 3, 7yp( oibusiners: Bar 3. Desarikeall ralatedaciirii@!mihiah!lauintend ioaori(luctanihegremisaforwlid yarrsaEkaliaonse: Retailers of liquor t drinl not morE than fi+ie (5) percent and light winsi a. Shaws and entertainmentiar patra ns. 3. Is tl E owiner, rnanaaing officer, iiia rgaral!son, a m1 itackl aldo r awning 10% or nra ra oll issued stook, a aoyl partner, or a riyrne ml o r a I-lanaily iniereaiad diracih,l or in�d'reatly in an)l othsi r IHE ria issued kytl a Sugervlsar of Liquor Can IraI or the Cilyo-1 Ca a Girardeau whiah is now in lona! �11E1 Q9 NO if so, gine cletails: 4. Has tl a owner, rnanaaina offisc r, ea rporation, anyl: tool 1- older owning 10% or mare of issued sloak, or anal partner, or any menal E r oil owner':, manaainj offiear' , or anyl partner's 1 oujehoId or irnmadiale famll�l at any line in the past, I aId a liaenselrom tt a Supervisor of Liquor ContraI or1he City of Ca11e Girardsiau Vilill wins danled! C YI3 NO ljlaa, give datails: 3. Has t1 a ov,iner, rnanaaina of icer, aargoralion, anyl stool 1- older owning 10% or mare oil issued stook, or anyl partner, or arty mens l or o11 owner's, managing of iser's, or a nyl Ilartner's 1 ousEhald or imma diale flamil�i e%ier had any license issued i yI tha Sullerui: or of I igiior aontrol of i1 a Stale if N iasouri c r by t1 a licensing auihoriiy a-1 an51 otl or slate or b}1 anyl ally, scaspended or rovol ed? C YE3 Q) NO if so, giva details: 9. Has t1 (i ov,iner, rnanagina officer, corporal ion, an)p tool 1 older owning 10% or mare 011 issued stook, or an)I pa ran a r, or any mem l er oilo wnsr':, managing ofiaer's, or any l E rtnE r'.a lousehald or Immeclialelamil)l erier had snyl license itnied I yIthe Sup a r%iisor of I iqi is r aoni rol of •11 a I-1 ate of N its ouri or b,1-11 a lice rising a u1 horIP I c I an til all or Mato or I )I an �l city, suspended or nevol ed? C YII ` NO Ijiso, gliva deaaiils: 7. Is tl E rE naw ompla)led, ar do 1lou expo ci io a rrplatil, in the k u.oinesa .aaugl t to i e licensed hire under any perjon Who I as al any I ime 1 ad a liaensa fro rn 1 he 9upervi9or of I iqi iar as ntra I reriokcl cl or susperi cled>I C YE9 04 NO If aa, giEaa details: 8, Haj lheawnor, managir€affliaer,aorpor; tic n, arysloak Ialder awening]09darmore (If lssuedsloak, araw Iparlnor aver keon emplotiledI)IinylIorsan partnership,or@arnoraliontlatIEdi Iiaensesuspan clerlarrevakaclb,Itle9uper, iisarafLicuorCcnlralaf 1l a !1 ale a Mi: sc uri? 19S Q." t 0 if sa, gine da tails: 9. Hai amyl liaensa leretoiora issuecl b�IIVeIup@r0iarMIigiiarlonlralf( rt1 a prarnisas lorwf ict you icel a I!aanso e)iarbean suan End ad or reNioked brI tl a Iupa nii: a r c-11 iquor ac r1:ic 101:1 a I tale ofl N issouri? C)Y13 P 1O iilso, vnihs was the lloensee? 10. Has 1 he awn a r, ma n a gir g a fliaer, a rr z wl pa rine r ave r t ea n arreate d a n in dialed far tl a 0olal ion of awl Fe cleral Law, la v i o1 tl e State of N issouri, c r an}I of ha r slats : YE3 C NO if so, gfta detaiil.i: J 009 Disa rclerl) ca n di ict m isc la me n or All ro n Clh 8009 UnAutl arized Use of Pro ert M1,demenar-;Ikran C0 1:. Has the awnar, ma nagir g afliaer, a r awl parinen aver 1: eon canviaied of anal grime in i ny N issouri court, any Court o-1 any at[ er State, any llederalCaurlcrany CourloflarnlolherCcuniry11 YE3 0 N Ifja,glivadataidi: 29 06 Dis ort Ie rl, I a on cluot mis de men a r Akro n OV 210 8 UnAi itl ort; ed l Is e a f Prop@ r Iy N isclenia nor - Ak ron CII 11. Has the ( weer, ma nagir g ofliaer, or and partner ever teen canviaied a life violation clany orrlinanae ( f and cit)Irelalinlla intiAealin€ liqucrgarnblinj,immoralilyl,li€hiinj,orleaaerlisiurbance% C )IAS) NO If.ia,ghiecletails: 13. Has lheawnier,manEging ofliaerorany parinaroramlmemterolawner's,managing afficer's(rnarner'! housalold or immedia'lelamil,I&iarbeen canvicedafan)IlederalUwarlaw olaryslatacan corn Ing inloAcaIinglicimr! 0Y13 �NO ljlso, give dataiili os to eacl cc nvialian, gir ingl nanis of peruc n cion! ictad, c laite acid nc Mira of c ffense, court wrhera :ientence wai.i enta ped, c nd santanae imposed o i fine imAasad. 14. Is there now a mlllayed or do yore expect to emglay, in tl a business hereundar any person who I as been aanvialed o-1 any arima0 Y19 0 NOW ljlso, glive dataiiii: 11. Do tilau own or rani 11 a nremiees-lor vil i+il y( a sael a licen.ie, OWNO RINI U. Who is )lour lE ndlarc1? Nlak 9 Ekarelas 1' . What intE rest, ila ny, Claes Maur la ndlord I ave, diraally or indiractl�l, in II -el u.iines.i wl ict you inlencl 1c err€ al a it 1� 1he license is granted'• rune 18. Q oes yaur IandIord r c w l old, or has I a even hold, a license of ami kind issued lytl a Stinervisar of Liqluor Controli `IAS�NO 19. Cid �Ioulaytleforms rawnerIIetolaIpiirala9eIrice inaa�h? 11E3 C1 NO � Ifnoi,staluindelailmoniie,iofllaymernt� montll} rent 20. 0oeslheformerowineraltl a bush ass l ave au}l intorest enterrlirectlllor it clireatlyin the k uiinesi larwl icl you iaeka licence? Y19 C NO E) ljlso, gliva dataiili: 23.Giva1leramaofan11person,-Iirm,araorllarationlaldinganylmcrtjageorenauntkranae ofanyNintIagainet1leitisine,,s-lor WHCV y(t IQGI a lice n: e . n la 21. State nanrar of pa rsons, firm, or aarnoraiions 0 all ha\re advanced, or ai will advance ai )I n a ne,l tc yc t Io purahase c r operate 1> e k uaines! lo wl icl you soeI a Iiae nse. rila :13. Does 1he owner, managing afficar, carliaralion, an+l stook[ alder, ar anal I artrnEr have any iniere:i dir4a0lor indirectly in anal brswery,win aryl,cliatilIer,I, reatif}1iilgor blending plan[ onwhok, ale ligiiaraanaarn eiiharas parr, ownar,sioakl alders, agent a (imp lo5leearat[ arwiseIl YES NO C4 1f so, givadatcila; 24. State 'I [ a n ame a ni I address oll in y distillery, wl a lesaler, win en a ka r, I: rev ie r, or any a rr playlea, offiaer or agent It ere oil I at ha:, or will lave an)l Fina ncial interesl dire qtly a r indire ai lyl, in Ile i usin ess fa r wl ict you :aa el a license. n la 29. State Ile narre a I an)l distills r, vi[ olesaler, viinemaker, brevier, or any amplayaa, ofliaer, a agent iher@af cal a has laand d or vi[ o will d1reclI)Ior inc ireatly, loan, give awa�l, arfurnis[ equipmant, money, credil or prollert�l ofanyHind to Blau uicepi on inary cammaraial aredil for ligluars sold 10 ylou and uiaepi sual artiales and : Erviaes, if an)l, as are permitted bll the reaula•lions oltl e Supervisor of L Igjua i Control. nla 21. State t[ a name and resWanca of any german, firm a cargaration, if any, wiha is iniera sted, orvit owill t eaame inierestad, (lirectl�l or indirectl%l, od ar tt an t ereinaboiie sei out, in tl a business for whiah )lou sea H a liaense and tl a nature of suet interest. n!a 21. hlas an)l bonding aorngan)l erier aanaellecl snyl band signed I }l it flar t[ E a caner, managing oftiaer, aorporatian, anystoakl alder ovmi� 90% or nsare of issued stook, c r an)l partner in aonneaiian Witt anal Iiaense issued lo }foil t yil a Supervisor of Liquor Control -,Yl NO C 1 if ;io, gllve details: 28. Flas an)l bon cling aomT an)l e11Er reluseiI to sign anysuah I an�flart[ E oviner, managing ofiiaer, aorporatian, any !IoQkI aIder ovining lO% or nigra o•I is: Lied stook, or an)l partner? YIS NO G if so, give detcilj: 29. Is t[ is application a stitier•luge to liermii sn}l person alter than yaursel'l orlha carliaraiion to seaure a liaense Liam Ila 01110-1 Calla Girardeau, in your name, for I is)lhe r I aneflit'. YE C NO 1)Iso, 9liva datadlj: 30. Name, address and qt ane num[ a of partaars a aflicars, and awnersI iq peraentaae: (flttoch aisapanata A aetif naadecl) Name I Addnas. I Phone Percentage f elcl Ja m aal ClartE r 1 240 a Ga rrett L n Apt B da cl son N 0 9 3 755 1 334-E 14-3148 1011% 1. R rini 1 f is ilorm and axe cute O e a g q ra p riate a cl nov leclgeme r l: I, ti a undersigned, he rak y a p plyl io 1 he ail y (launail of tk a Ci 111 of (I ape Girardeau, 9ta to of Pv issa uri, llor 1 ho line nle a k ove dascrik ed on tl a ak ave descril ed p romises and lar lh a qurpoie ofl induaingtt a City CaLlnail to ls9ua to me laid license, I male IN sli ternenis and ansv ars l ereinaflerset oul i nd understand andagreci Il al ilaml statements of answers rnada herein are untrue and the license herein agpliad for is llranied, such licansa ma51 be revabed or susgandad bNl uid ally (launail and I lurtl er understand and adrae 11 al if I, or ny of my emplayeas, sl all `iiolale lho provisions ( l an)l ordinanaea oltl a CitNI o-ICape Girardeau, Miasauri, or I nov inl ly allov ami other gersan to da sa upon 0 a liaensad premises, 'Ile Cit)ICauncil maysuspend or rerloke the lican a granlad 1 ereundar. Applicani -lur h er agrees chat Alhe licen ie is iranled, inspeaticna ma)l ba macle in ascerdanca v itF the regulations as set (aril in the Ordininaas of ti a Cit)l. In additlan, i ppliaant understands tl al au)I1lalsa statement aontained inti is application may resull in proaeaulion unde a Comae of Ordinincisfurtl a Cit)I oiaapa airarcleacl, Misaauri, and,jor siale law. SIGN: FOR PARIPIIR�S,OOR IOI E I AOI R INMR5: SLATE 01 /�-�SJ6U,-' / ) } S9. COL PFBI OF oil lawful age being first clulysvlorn Ilgan oatV s, depaso and say 'IV ai(Ia,she)Iavaread t1Liapglica'lionand tla!nil ructian.14111 refarenaetlerelaand 1hat(Ie,she, IVe+l)full!Iundarslandlhe some; tl al (he, it a) 1 nov IV e oonleals and the statiments eanlained lherein and tl al 11 a same are Irue. Agpliaani i ani personal kaawlladge a•I the inllormatian coniainad the a11RIlea tion a nd l as read ti a 11ravi3ion9 aIArt Am XV oI IFaptor 15 of l e Cacle a 0rclinanaes olti a Cit) IollCape Girardeau, Pd issa uri. Subscrl ed and svlarn to m before lhis � d� yof ... Ma-- NOIARYAL 9LIC Pv y Iamm'svon 9xilire is ANG ID Il, 1 EMA Nota ryy f c ik Ilt , Nolaq 10411 51afe of , is,lcuri 1 Ccq a Girt rdeat i Cot my Al) Mimmission Upire 01-( 4.2092 Ca mmissiot # 145; A1992 RCIR MAPIAGING CISMIR OF 40ROORATION, IRARTNBRSHIP: 9TAIE OF } } 5!. aOUNPIOR ) ,of Iaw&I age, t aNg first clul!1 mora upou (I is, her) aai t, deposes and sa�Isltal (I a,ste)is11 a rranagingafficoraIIheaorporition saelinR alicerse I aroundar,ttat(I a,ste)1 as Lean wil I a rizad b, I said aorparatic r 1 o rT aka 1t is allRliaaiion in its] at alf, It ai (I a, st e) I as reas tt is apl1iaation and t1 a insiruitlans witl relereaae ll arata, andtla-(he,sla)1u1111undurstandihasameandila•(he,sla)knowsilacon'enlsitereofans tte answers anditatements contained tl arein a m I tic san a are trice. 9ubseritedandsviorn a bafareme tis da11ofl N y aommission 9xllires: lades Z license # 41 Hh H TE:i# rove ApR rai ie Approve � Approv Approrie NOTARY RUE Lla [ iso pp roe ie }} sign r I [ iso piiruie Sig ature . ( [ isapproiie 9imniture 0IsaInro)ie IIIneture 0isallnrove Signatu Utilities Igeoial Assessm&nt LJ lEtull Issue letu11 an I.�� —11.a• � [Yate 911, Date kd gtela �C Date 9,/3 .0 Date P c laii Dna Er OFFICE.USE ONLY Building Inspaatm r V Za r in® InsFaatar Healih Inspcctar V Fire lnsgeator PhraMir a IWUSIC01 r -0C lades Z license # 41 Hh H TE:i# rove ApR rai ie Approve � Approv Approrie NOTARY RUE Lla [ iso pp roe ie }} sign r I [ iso piiruie Sig ature . ( [ isapproiie 9imniture 0IsaInro)ie IIIneture 0isallnrove Signatu Utilities Igeoial Assessm&nt LJ lEtull Issue letu11 an I.�� —11.a• � [Yate 911, Date kd gtela �C Date 9,/3 .0 Date P c laii Dna Er a, 9HI1-,149C 10110 No Hatah Tlotillication A sit ate wide sa arah of the identifiers below hast revealed na criminal alonv] ctia n or sex oflende r l nfo7imat] on on file. Hinge rprl nts were not praUida d and thus the result of the search cannot be guaiianteed. Data of Search: 0,1/10/201 Wx Nam (l) . JAMAAL CAATIFI :•� niE 2 9L -•-� Na ( ) n Naive 3 gni.. Y Date Of BizltY:'. :. 9 SN .1 Cont2iol Number; 461 J41141 n j z 11 f ya u haUe. any qua stia ns, , � ] a ase do :no.t , h.osiEate >to,',,Con tact our a ffitt �at''�-5 13"A 3 6-(1153. Missauril Stz to Highway Pat~ral x Crim na] Justice InJormat] on 9 erva cea : Div sia n X00 PO BOXY 9 ala fferson- Cl' ty� :NO (1514 7 v i i r 7 7` �1 980 C I T Y 0 CAPE Business License 2018 G I R A R D E A U License Number 3357 CUSTOMER SERVICE Issue Date 09/04/2019 BUSINESS NAME & • • %Expiration Date 12/31/2019 THE BARNYARD Category BUSINESS LICENSE 731 BROADWAY CAPE GIRARDEAU MO 63701 Type AMUSEMENT AND RECREATION By: AAAb Ol- CM/46t City Clerk By: �� Mayor POST IN A CONSPICUOUS PLACE NON -TRANSFERABLE Business License +C I TY O CAPE 2018 G I R A R d E A U License Number 3357 CUSTOMER SERVICE Issue Date 09/04/2019 BUSINESS NAME & LOCATION Expiration Date 12/31/2019 THE BARNYARD Category BUSINESS LICENSE 731 BROADWAY CAPE GIRARDEAU MO 63701 Type AMUSEMENT AND RECREATION THE BARNYARD 731 BROADWAY ST CAPE GIRARDEAU, MO 63701 By: AAA6 4an CM046k City Clerk By: �i� Mayor POST IN A CONSPICUOUS PLACE Office Copy NON -TRANSFERABLE CGENEFU L BUSINES S LICENSEI MPLICATICIN Date fubmiti ed: CITY CfCARE GIRARDEAU CUS7a MSR SMRVIO S OFFIIC9, dil l INDEI E NDWICE 9 T, CARS GIRARDEA U, Ala 6310,371-3394312 E usiness Name Uwnirli Fu�ll�lame (F , Mld e, U st) r✓ r ,,Vawia� kvfi�r/ Physical Address r..a S �� A L102 Owner's Addres 0o iyvok Lti Mailing Ad ress M06576F C City, state, Zip DO ,prr- �G S Ci , SVe, nip Sdov d 63? S 5' Emailddress XreoV pq V C ljwiq Prima rl lelepho he a ti - i r Te le pt o no Fax Num er Date of Bi h t Sales Tax Number 2351 2 t2 -2 Drive i u Social Security umber (A Baal a aaeyiftIEMiMMUH9alea;Yuifsa111n1geocliatretail alengHi.I a no aalo.e teaidiie"laIto rfrom tm Del arlmaitofRai WrLIe) BUSINESS Operl Date 411 q lyge Cf E mine ss Fa od 9 ales It business wa s purc sed, list prey us business and owner's name s: Wholesale ❑ Pro parE(I ❑ Restaurant ❑ Raclaged ��❑,,,jjj Ilctil,IMatel ❑ Pone air �' i� tl e �h-p5 1:!Qtv t umterofpool tables: Numl erafaidaa game (Qvinad,,iatramtad) machines?(Own ed, natninted) uestru E c i isiness rratrviry: It 4 _ WI atctl erIiisirissasfla }lou Iauo in IIaleGirarde u? 14 9 � rk 'q r,� Yr, A d o.00 5q 5e, P 413oi roar xA ® q -7 Aj Z 14,-�ws�� ,C -1e vc In what atht r aities h aveyou op or d uv der what name(s)? NarvE,acldressir(Illi• one nirmlercfpirinirsorofReers,iriIownersli1 peroeretage:(rlttaml asepamtesfaieti)insetlet) Name Address Phone Percentage Heid / Vtor)Z Q i t I rc r �i1713]4A571 ]zoml 57�I3:1A]01;1 I -I I-]9 ! t98n P. a of Z I f 1E1R[=$'I GIVE NN 11113M ENT TO A A? jr SUML ANTANNUAI iN5pamom 01 THE AB0%1 DESCA1I11M PRi MI5E5 BY THI CT1Y IM PICM A AND TO A PERIODICA UC IT OF MY RNANCIAA RECORDS E Y 7119 l INANACE DI I RAI ITM9hft; I ALSa C°RTIEY' IHPIFTHI St ISIlVtM W L111 3 CNERATED AS SHOWN ABOVE AND THAI ANY R11OPOIED DEVIATION 1110h THm INRORMATION AIJIiF I5HEID A Efp Y$ WELL 0 F1R5T P,l:V[EWIc!S WLIFi 7 P 11 F7iVAh1Gl I CflAAR3I411rNT. ! i�P,Vi READ TH9 ATTACHM1:Nil AND TINT?EFSi'AND THE I1Vf-ORMAI7ICIN. It I ADDMON,_A?1 k ICAM1 UNDERS74NDJ THATANY FALSE STA -q MBNi 10M AINE7] It I THIS Alai UCAMION MA Y RF3VIT IN I11058CU'FICIN tR IIER THM CODO all ORDINAfICES F{II THE Cr..I nll CAp9 GIRA ZM, MIS5g11F1f, ANDA IR511A1'ALAW. W URA PIPPLICAMIN TC., CRY a9 CAPE C iFtAmEAII :f P. 0. SCIA 617 • � m CAPS GIRARDEAU Ma 63702-0677 Ap carft'sSigmature Data Bt S11110;1 LMSITEWS: Each tuilnsscTnthe CKJdl C. G,rardl#aril requUetlto I avec dzy Arse earl muserertiewt5teIjrredygg egr# ym ii acadsaLnujiq. A Is sins o se sus arena tr2 rtsfera biz at t! earl licettsa Issued tAtsrS t afy one trtlsh ess in one lomat orR1 tm 11 -pie I dans regi 4 e spparate gcaases. A I E usfnel ses subject to satea tan must �I ramn' i a coot of a Muctrrl1111 Sales L kgnse glans wTtf 11he hLmiowml hca sa app Oral a n wl rch mrit'ins tI d'r.Mlsaou�rlTaxItlantifl=tten NtI�r req clsgadPaaregtstr tun laslibtha'cltl ff dltsofCaps felrardal LLAIaO,arp, I d751naxtharl Ii willing item ar retail nidi ds to u hrnitI 'nd aalest x, ItuI"latlerfram the aPill nMQnl of AI VIRAILIN IM bfvm alfao may be obtained thrmW turd W I IVrssr urf 0111 artmanl erl Remain #ffit:alt 9 I[]g Biattnar Drivk Julte n 2, Cal a Girdre eat1, Mu, E 701 ; 573-2-9011810. Redlewi 1 f'or fill rata I winessaa is'd a sarn# ; i:a !11 a origFnait aap[r-don o 1st I r fest tE le bu inesm tx lei call 141 an a volt n e h ass {n d I as maa0hi2b"A wl olesaler, rhen F I Ip, or tl ?d Sr -rim) I r d the ►lads im# 1 as Increa, eel. H It d langa M apantlana for a„ y business Ts mad?, rn me CI tures 1 e made n,itl Gtdsrmm 5d rvlide to of taut approjOu a pipenoiAll Changes Tnrlude do5111IM II mavinglocall"fir changing mamas l ii atilcar, #r,Yrgrl;ficarri:changgln thil nil wra a' Itt a I Le Ines Wu g operate d. A & ease tau is [soled 1311 haul G and Mat I6 In an an t unt eglua I to foul, etxsant (+1910 gr aetatd dl rives fromtran lerr 8t lest: fdr.sleelinaaamrrrra*Oatl#nLGrossre( 211111 shagh c]udesales x Hp#1,1mllteJRsearlsam 6tr1ktura,oakuildYng, tri da r a (� I manias anent vrI ish GO,I teln + a ran rtl orrooms f 1mist ed foil MR ace ommodatpn t riocII al "asts6 wilt} oliwdthotR n eats he Ing pravideel, enc[ 6 n A user matnla?led, aclvari'sar I an halt# auttd li le gutlll as I A oil vi hem sleeping lax 4mmgdatnva9 are sa clugt 1 %ai Ifay or ampat t'qo l i f ranBtdln tgl est : (71 day or lesl) ar peroral a 11 l ue,ts, RW tarn ots an levied a tax in an a rr os nt equaf td anti nelcm int [, %} c grass renleipts. Gras) raaeipt are bat eel Lipoid tJ a alpt emit to remlenua mce trod lr tf a Ilctinme and nal an tho I 251C cline rfnrcla tine U Ia Q15tom a, by Ti is Ila,insae, Bormn Ata: gR s: meet; n se aB 111afud@ aiI'sa JW tat F artatlr#nI mans aayinn Of est bll: Ilmdntthat f rl pa 91 fdod. Freip: aedsh,rll irlclr da cook d, rnbm , t ,sated a#ilea t [d d, i f .least in park at waver, ar d shall also 1noluda V le dispens[d g of drl■k iron d far+trtaTn. Itis Ilcartsd sl a 1 he L a ddltSoa tr all artier ]tcerrsal to gyres, wh ch ares alphrak la U I otels, ma els i nd remurarra .7hh t+ a Is pair on a 1111113rltltfy bards. All a pp lid tia uS far Ilquan lamed s must hd s" brI an #F. a 1 naaerforrns to she C14 N anagen tt In It# thin CustAmiviilSamvica aMce Al 11111 jxffl54 applicant ; ire sal jest to a bawl ground invesUga tvn,aa veil as s and TnspecEri ns Bt l cit}, firaaa el t eattjf ell p l r6steTtiS Llquar l[2tstas #r# rartewedarm1illy in Amar ander®isa brLImanflh*cdllJunin]0oFeaclIyears.Therakin#>geaTalhcensa ridgt*iadltosell TnIaigligiarm ret it on Jum lay:l r Ii uinf sfledf, ad tv urs. Safes 9 htz xlrl ting IT4 ud r are IIit I [I ltd d vAt1 iii 171 p &Et of a#y suf colr c1 Irtrcd a rather k uTldi#g regularly ales 1 a a 1lata dwomi ll. I