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Home My WebLink Aboutagenda.2018-06-18.packet.pdfCITY of CAPE GIRARDEAU Liquor License Review Board Monday, June 18, 2018 City Hall - Council Chambers 401 Independence Street Cape Girardeau, MO 63701 9:30 a.m. AGENDA 1. Call to Order 2. Introduction and Opening Comments 3. Approval of Minutes of April 18, 2018, meeting. 4. Appeal Review: denial of Retail Liquor by the Drink and 5% Liquor By the Drink Liquor License for Rick Werner, d/b/a I.P. Banquet Center, LLC, located at 5 South Henderson, Cape Girardeau, Missouri a. Applicant Comment b. City Staff Comment c. Board review, discussion, and possible action Appeal Review: denial of renewal of Retail Liquor by the Drink, 5% Liquor By the Drink, Sunday Sales, and Consumption of Liquor License for Rick Werner, d/b/a River Valley Banquet Center, LLC, located at 631 South Sprigg, Cape Girardeau, Missouri a. Applicant Comment b. City Staff Comment c. Board review, discussion, and possible action 6. Adjourn The Liquor License Review Board of the City of Cape Girardeau, Missouri, may hold a closed session to discuss legal actions, causes of legal action or litigation, or confidential or privileged communications with its attorneys. CITY of CAPE GIRARDEAU Liquor License Review Board April 18, 2018 City Council Chambers 401 Independence. Cape Girardeau, MO 63701 Board Present: Lori Meyer, Human Resources Manager, Chief Review Officer Steve Cook, Assistant Public Works Director -_ Brandon Cooper A Motion was made by Cook, Seconded b —'Cooper, to approve the March 19, 2018, Liquor License Review.Board meeting minutes. Mr Cooper questioner! the accuracy,of a statement on page two of the minutes where Lt'5mith stated "tha- the IDs presented at Last Call on 2/23 and 2/24 were obviously counterfeit due to the coloring and the photo not being properly centered." Lt. Smith confirmed that is what he said. Motion passed 3-0. Ayes Cook, Cooper, and Meyer. Items for Review Review of appeal of revocation of Retail Liquor by the Drink and Sunday Sales License for Whiskey Business, LLC, d/b/a Last Call, located at 632 Broadway, Cape Girardeau, Missouri. Chief Review Officer Lori Meyer called for Applicant Comment. Mr. Welker appeared on behalf of Whiskey Business and spoke regarding two incidents that occurred at the bar since the last Board meeting. Two students Liquor License Review Board 1 April 18, 2018 CITY or CAPE GIRARDEAU submitted probable cause statements that they entered the premise by displaying their valid ID with additional money under the ID and the bouncer allowed admittance to the bar. Mr. Welker questioned if the students were lying. In addition, the officers at the time did not perform a search of the students and therefore did not know if they were carrying a fake ID. The bar owner has contacted an electrician and state liquor control to determine the best scanners and methods to catch fake IDs, but they have only had three weeks since the last hearing to take care of this. Shutting down the business will not solve these problems, and the same crimes will occur elsewhere. The business is willing to do whatever the city requires and to help with the problem and alleviate it at the source. Mr. Huskey, 1955 Briarwood, Manager of Bar, appeared and further discussed the two incidents referenced. He reviewed the research and work he has completed regarding installation of scanners, cameras and lighting. He did not), scanners or continue with any additional recommended improvements to the premises because he received the Notice of Revocation. Mr. Schloss, 9916 Winkle Road, St. Louis, MO, owner of the bar spoke in opposition to revoking the liquor license. H,e reviewed the history of the location and the investment he has put into improving this property. The establishment does not deserve to be put out of business, and everyone needs to come together to determine how to correct this issue in all establishments in the city. Mr. Cook requested further explanation on the IDs and money submitted to the. bouncer to allow admittance. Mr. Schloss stated that the students are lying and that it did not happen. None of the bouncers present that evening were Sig Tau members as included in the Police report. Mr. Huskey continued that in addition to the bouncers, he has staff walking through the premise and checking IDs. Upon questioning by Mr. Cooper; Mr. Huskey stated that the business reopened the day after the last hearing and has been open Tuesday through Saturday each week except Easter weekend. In addition, immediately following the hearing he contacted State, Liquor Control an,d a private company regarding ID scanners. Mr. Cooper also inquired about repercussions to underage individuals providing fake IDs for admittance to this establishment. Mr. Huskey stated that he cannot legally detain anyone who provides'a false ID, but they could call the Police Department. With the scanner system he researched, repeat offenders could be prohibited from re-entry. He felt it is more beneficial for the business to provide the fake IDs to the Police Department so they cannot be used again. Chief Review Officer Lori Meyer called for Staff Comment Lt. Brad Smith appeared and stated that he oversees the application and review of liquor licenses and renewals for the Police Department. He reviewed the police reports of the incidents that occurred in this case. He felt there was negligence on the part of the business owner and manager to properly check IDs. Running an Liquor License Review Board 2 April 18, 2018 CITY of CAPE GIRARDEAU establishment such as this requires due diligence to check IDs and to make sure everyone is over the age of 21. Police Chief Wes Blair appeared and stated he normally does not attend the Liquor Review Board meetings, but in his tenure he had never witnessed a revocation meeting within one month of a previous revocation being overturned. He stated he has not heard an acceptance of responsibility by the bar owner or manager for allowing underage individuals to be admitted to the establishment. If the owner is committed to keeping underage individuals out of the bar, why did he wait until a revocation hearing to begin researching an ID scanning systems Chief Blair asked the Board to uphold the revocation. The Board reviewed and discussed the information provided and the comments presented. Following discussion, Cooper made a motion, seconded by Cook, to uphold the Revocation of the Liquor License for Whiskey Business LLC, d/b/a Last Call. Following discussion, the motion passed. 3 0. Ae Cook, Cooper and Meyer Meeting Adjournment There being no further business, the ri A Motion was made by Cooper, Secon Motion passed. 3-0. Ayes: Cook, Coop Minutes taken by Gayle Conrad ended at ??T -j Vl,eyer, to adjo Liquor License Review Board 3 April 18, 2018 RECEIVED JUN 0 4 201 RONALD GARMS Attorney at Law P. O. Box 795 • Cape Girardeau, MO 63702 • 314.315.3131 • r.garms0agarmslaw.com May 31, 2018 Ms. Gayle Conrad Liquor License Review Board P. O. Box 617 Cape Girardeau, MO 63701 RE: I.P. Banquet Center LLC, 5 South Henderson Dear Ms. Conrad: Please accept this letter as notice by I.P. Banquet Center to appeal the denial of its liquor license application and to request a hearing be held in this matter at the City's first opportunity. Please advise me of the date selected. Si rely, R nald Garms CITY Of CAPE GIRARDEAU OFFICE OF THE CITY MANAGER Letter No. 18-57 May 25, 2018 Mr. Rick Werner I.P. Banquet Center LLC 1722 Crestwood Drive Cape Girardeau, MO 63701 Re: Liquor License Application for I.P. Banquet Center LLC, 5 South Henderson Dear Mr. Werner: On May 15, 2018, you submitted an Application for a retail liquor by the drink and 5% liquor by the drink liquor license for I.P. Banquet Center LLC located at 5 South Henderson Street, Cape Girardeau, Missouri. Based upon Section 5-33 of the City Code and findings of the Cape Girardeau Police Department, the City Manager has denied the issuance of a liquor license for the I.P. Banquet Center. Per Section 5-35 of the City Code of Ordinances, the applicant for the liquor license may appeal this denial by requesting a hearing before the Liquor License Review Board. The written appeal request must be received within ten (10) days after this notice of denial was received. This notice is presumed received by the applicant three (3) days after it is mailed. The appeal must be in writing and addressed to the Liquor License Review Board, Attention Gayle Conrad, P.O. Box 617, 401 Independence, Cape Girardeau, MO 63702. If you have any questions, feel free to contact my office. Sincerelv-""-7 Scott A. City Ma cc Trisha Holloway, Customer Service Manager Wes Blair, Police Chief Rick Ennis, Fire Chief Cape Girardeau County Health Department 401 Independence Cape Girardeau, MO 63703 573-339-6320 Tel 573-339-6302 Fax cityofcape.org/management `K'tnaRO '• �` .1 LIQUOR LICENSE APPLICATION Date Submitted: GJ -04w < y hj vz CITY Of CAPE G I RAR D EAU Desired Sales Start Date: CUSTOMER SERVICE OFFICE, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703,573-339-6322 All questions (6 pages) on this application must be answered completely before the application will be considered. Answers must be typed or legibly printed. Where necessary, respond on a separate document. A background check must accompany this application. Visit www.machs.mshp.dps.mo.gov to obtain your background check. Application For (check all that apply) 5% Liquor by the Drink Address Office Wholesalers of Malt Liquor Not in Excess of 5% 122Z CIr Sunday Sales Retail Liquor by the Drink Wholesalers of Intoxicating Liquor — Under 22% Wine Tasting Original Package Liquor Wholesalers of Intoxicating Liquor—All Kinds Consumption of Liquor Manufacturers of Beer H Distillers/Manufacturers of Liquor ican 's Full Name (First, Middle, Last) Busiagss me Address 2-,%1' Physical Address' Cit State, Zip `P P--6f11-Se 7 b City, State, Zip kl�c� Email Address Number of Stories Number of Rooms Business Phone '2 cl_3 7 Additional, detailed description of premises — all areas listed are subject to inspection Type of Ownership (note special sections by type below) Corporation 2 Partnership ❑ Proprietorship, Sole Owner ❑ Are you in present possession of the premises described above? YES NO Are any alterations to the building or premises currently underway or planned in the immediate future? YES NO Has there been a liquor license issued within the past six months which was similar or less restrictive? YES NO IF NO: EACH APPLICANT WILL BE GIVEN A SIGN TO BE POSTED FOR AT LEAST TEN DAYS PRIOR TO COUNCIL ACTION. THE SIGN WILL CONTAIN THE NOTICE OF APPLICATION AND THE TIME WHEN AND PLACE WHERE THE COUNCIL SHALL CONSIDER THE APPLICATION. THE APPLICANT SHALL BE RESPONSIBLE FOR POSTING THE SIGN. WHEN GIVEN THE SIGN TO POST, A WOODEN STAKE(S) WILL ALSO BE GIVEN, IN WHICH THE APPLICANT MUST RETURN IN ORDER TO RECEIVE THEIR LIQUOR LICENSE. (SEC. 5-34) Will the licensed premises, or the building in which it is located, be within 200 feet of a school or church? YES NO , AJ IF YES: NO LICENSE SHALL BE GRANTED FOR THE SALE OF INTOXICATING LIQUOR WITHIN TWO HUNDRED FEET OF ANY SCHOOL, CHURCH, OR OTHER BUILDING REGULARLY USED AS A PLACE OF RELIGIOUS WORSHIP. (SEC. 5-6) TO BE COMPLETED BY CORPORATIONS ONLY State the exact corporate name of a plicant State the date and place of incorporation pC$�e� �c� �- ��I' rl ,�,� �t°i 30 1 h r S 50d�9--t State the address of the pri cipal offic of the corpor tion efS State the names and residence addresses of all officers 64 the corporation aid the office held by each. Full Name Address Office DOB 122Z CIr State names of all stockholders and the number of shares owned by each (If not a closely held corporation, list those who own at least 10% of issued stock) 9 TO BE COMPLETED BY PARTNERSHIPS ONLY name the partnership State the name of all partners Full Name (w/maiden) ALL REMAINING QUESTIONS MUST BE COMPLETED BY ALL APPLICANTS State date partnershi DOB I Driver's License No. PROVIDE THE FOLLOWING INFORMATION PERTAINING TO THE MANAGING OFFICER OF THE CORPORATION, EACH PARTNER OF A PARTNERSHIP OF THE OWNER OF A SOLE PROPRIETORSHIP Full Name (with Maiden if Applicable) I Date of Birth rrent Residential City, State Zip g,--, 'e -ut j List all former names and corresponding cltes Name From To I Plate of Birth US Citizen? YES NO e PrivPr'c i iranse Number/ State Social tecprity Nymber All Former uriver s Licenses (List number and state) List last 15 years of former addresses and corresponding dates Address I From I To 1. Tye f bu iness: } 2. Describe all r fated activiti s which you intend to conA ct on the premise for which you seek a license: -)KIS 3. Is the owner, nfanaging officer, cKrporation, any stofkholder owning 10%,or more of issued stock, or any partner, or any member of family interested directly or indirectly in any other license issued by the Supervisor of Liquor Control or the City of Cape Girardeau which is now in force? WYES O NO If so, give details: 32 4. Has the owner, managing officer, cbrporatron, any stockholder owning 10% or more of issued stock, or any partner, or any member of owner's, managing officer's, or any partner's household or immediate family attime in the past, held a license from ny the Supervisor of Liquor Control or the City of Cape Girardeau which was denied? O YES NO If so, give details: 5. Has the owner, managing officer, corporation, any stockholder owning 10% or more of issued stock, or any partner, or any member of owner's, managing officer's, or any partner's household or immediate family ever had any license issued by the Supervisor of Liquor,Cgntrol of the State of Missouri or by the licensing authority of any other state or by any city, suspended or revoked? OYES yN NO If so, give details: 6. Has the owner, managing officer, corporation, any stockholder owning 10% or more of issued stock, or any partner, or any member of owner's, managing officer's, or any partner's household or immediate family ever had any license issued by the Supervisor of Liquor Control of the State of Missouri or by the licensing authority of any other state or by any city, suspended or revoked? O YES NO If so, give details: 7. Is there now employed, or do you expect to employ, in the business sought to be licensed bereunder any person who has at any time had a license from the Supervisor of Liquor Control revoked or suspended? OYES XjN NO If so, give details: 8. Has the owner, managing officer, corporation, any stockholder owning 10% or more of issued stock, or any partner ever been employed by any person partnip, or corporation that had a license suspended or revoked by the Supervisor of Liquor Control of the State of Missouri? YESrshNO If so, give details: 9. Has any license heretofore issued by the Supervisor of Liquor Control for the premises for hich you seek a license ever been suspended or revoked by the Supervisor of Liquor Control of the State of Missouri? OYES 10 If so, who was the licensee? 10. Has the owner, managing officer, or any par er ever been arrested or indicted for the violation of any Federal Law, law of the State of Missouri, or any other state: 0 YES O If,,, give details: 11. Has the owner, managing officer, or any partner ever been convict d of any crime in any Missouri Court, any Court of any other State, any Federal Court or any Court of any other Country? Q YES NO If so, give details: 12. Has the owner, managing officer, or any partner ever been convicted of the vi 01at'on of any ordinance of any city relating to intoxicating liquor gambling, immorality, fighting, or peace disturbance? Q YES NO If so, give details: 13. Has the owner, managing officer or any partner or any member of owner's, managing officer's or partner's househ�ld 9r immediate family ever been convicted of any Federal Law or law of any state concerning intoxicating liquor? Q o YES NO If so, give details as to each conviction, giving name of person convicted, date and nature of offense, court where sentence was entered, and sentence imposed or fine imposed. 14. Is there now employed or do you expect to employ, in the business hereunder any person who has been convicted of any crime? YES 0 1\10 If so, give details: 15. Do you own or rent the premises for which you seek a license? OWN RENT 16. Who is your landlord? 17. What interest, if any, does your landlord have directly or indirectly, in the business which you intend to engage in if the license is granted? f j 18. Does your landlord now hold, or has he ever held, a license of any kind issued by the Supervisor of Liquor Control? YESO N0 19. Did you pay the former owner the total purchase price in cash? YES Q NO"`� If not state in detail manner of payment? 20. Does theform owner of the business have any interest either directly or indirectly in the business for which_ you seek a license? YES Q NO If so, give details: 21. Give the name of any person, firm, or corporation holding any mortgage or encumbrances of any kind against the business for which you seek a license. 114- 22. State names of persons, firm, or corporations that have advanced, or that will advance any money to you to purchase or operate the business for which you seek a license. WA 23. Does the owner, managing officer, corporation, any stockholder, or any partner have any interest directly or indirectly in any brewery, winery, distillery, rectifyir ble d.ng plant or wholesale liquor concern either as part owner, stockholders, agent or ng o employee or otherwise? YES NO If so, give details: 24. State the name and address of any distillery, wholesaler, winemaker, brewer, or any employee, officer or agent thereof that has, or will have any financial interest directly or indirectly, in the business for which you seek a license. 25. State the name of any distiller, wholesaler, winemaker, brewer, or any employee, officer, or agent thereof who has loaned or who will directly or indirectly, loan, give away, or furnish equipment, money, credit or property of any kind to you except ordinary commercial credit for liquors sold to you and except such articles and services, if any, as are permitted by the regulations of the Supervisor of Liquor Control 26. State the name and residence of any person, firm or corporation, if any, who is interested, or who will become interested, directly or indirectly, other than hereinabove set out, in the business for which you seek a license and the nature of such interest. ' /-� -- 27. Has any bonding company ever cancelled any bond signed by it for the owner, managing officer, corporation, any stockholder ownin 10% r ore of issued stock, or any partner in connection with any license issued to you by the Supervisor of Liquor Control? YES NO If so, give details: 28. Has any bonding company ever refused to sign any such bond for the owner, ner, managing officer, corporation, any stockholder owning 10% or more of issued stock, or any partner? YES 0 NO If so, give details: 29. Is this application a subterfuge to permit any person other than y rs - If or the corporation to secure a license from the City of Cape Girardeau, in your name, for his/her benefit? YES Q NO If so, give details: 30. Name, address and phone number of partners or officers, and ownership percentage: (Attach a separate sheet if needed) FOR MANAGING OFFICER OF CORPORATION/PARTNERSHIP: STATE OF t S u ) SS. COUNTY OFi✓4'-r `" ) — 7a1 L W of lawful age, being first duly sworn upon (his, her) oath, deposes and says that (he, she) if the managing officer of the corporation seeking a license hereunder, that (he, she) has been authorized by said corporation to make this application in its behalf, that (he, she) has read this application and the instructions with reference thereto, and that (he, she) fully understand the same and that (he, she) knows the contents thereof and the answers and statements contained therein and the same are true. Subscribed and sworn to before me this day of Q jo 1 . v S NOTARY PUBLIC My Commission Expires: un SELINDAJONES Notary Public No Seal ✓ Comiuri ssioned for Cape issGi_\6 State of ora Beau Coulity My Commission Expires: May 14, 2020 1_0m9ommission Number:12341749 5- t1-V� OFFICE USE ONLY Building Inspector Approve Disapprove Signature Date Zoning Inspector Approve Disapprove Signature Date V W �� 4 Health Inspector Approve Disapprove Signature Date Fire Inspector Approve Disapprove Sig ure Date I AC ePtYi' m -L -Division Approve Disapprove Signat-re Aate Fob, Y/ r 5- Taxes Utilities Special Assessmeni No Tax Due ❑ ❑ ❑ ❑ License # Setup Issue HMR Tax # Setup FOR MANAGING OFFICER OF CORPORATION/PARTNERSHIP: STATE CF t U } `` � COU TY O F r 6f koo- ^' } of lawful age, being first duly sworn upon (his, her) oath, deposes and says that (he, she) It the managing officer of the corporation seeking a license hereunder, that (he, she) has been authorized by said corporation to make this application In Its behalf, that (he, she) has read this application and the Instructions with reference thereto, and that (he, she) fully understand the same and that (he, she) knows the contents thereof and the answers and statements contained therein and the same are true. Subscribed and sworn to beffo/or"e� me 115�day of NOTARY PUBLIC My Commission Expires: Po � -, C��' — )N� - e— opv,)V,-Q ��. BE INDA JON' Mots ry Public - Notary seal state of Mlssourl COMM1981med for Cappss Girardeau Coun N(y Cummleslcn Expires, r� 14, 2C2 ri laslon 12S411 749_ iO'6EI'Cp.IJSl=;t1NLY.•- .. .. Oullding Inspector Approve Disapprove Signature Date Zoning Inspector Approve Disapprove Signature pate Health Inspector Approve Disapprove Signature Date Fire Inspector Approve Disapprove Signature Date Finance Division Approve Disapprove Signature pate Taxies ❑ Utilities ❑ Special Assessment ❑ No Tax Due ❑ License H Setup Issue HMR Tax 9 Setup CITY Of CAPE GIRARDEAU POLICE DEPARTMENT The following reasons for the Cape Girardeau Police Department for disapproving I.P. Banquet Center's liquor license application: Between 2016 and 2017 the Cape Girardeau Police Department received several anonymous reports that the owners and managers would allow minors into the "Independence Place" to drink. During this time this business was owned and managed by Mr. W. Horman and a Mr. Ricky Werner, some of these complaints and violations were on: -06-02-17: An employee was summoned for allowing a minor into the business: CGPD CN # 17003644. - 09-28-17: CGPD received a complaint that the Independence Place was operating without a State Liquor license. -11-09-17: CGPD received a call from a concerned citizen about the underage drinking and sex acts going on inside the Independence Place. -11-15-17: With the assistance of the Missouri State Liquor and Tobacco Control agency contact was made with both Harman and Werner. It was determined that the business was selling liquor without a state liquor license and that since the business had an outstanding debt with a liquor wholesaler they were buying liquor from Wal Mart. Mr. Werner was issued a State Court Summons on 12-5- 17 for purchasing liquor from someone other than a wholesaler, CGPD CN #17007465. On 01-24-18 a Ms. Holly Miller was granted a city liquor license for the Independence Place, but Mr. Werner was still the landlord of the building. Mr. Werner is still going through court proceedings for the incident on 11-15-17. His next court date is on 06-06-18 at 0900 hrs in Division Vl in Jackson, MO. Mr. Werner has shown in the past he cannot be a responsible bar owner/ manager/ partner, he has not made any attempt in his business operations to prohibit underage individuals from entering his bar and consuming alcohol. His lack of responsibility as an owner/manager/partner is a public safety concern and Mr. Werner should not be able to obtain a liquor license. Lt. Bradley Smith #148 2530 Maria Louise Lane Cape Girardeau, MO 63701 673-339-6621 Tel 573-339-6362 Fax cityofcape.org/police facebook.com/capepollce FOR MANAGING OFFICER OF CORPORATION/PARTNERSHIP: STATE OF SS. COUNTY OF— a 1 �� C of lawful age, being first duly sworn upon (his, her) oath, deposes and says that (he, she) it the managing officer of the corporation seeking a license hereunder, that (he, she) has been authorized by said corporation to make this application in its behalf, that (he, she) has read this application and the instructions with reference thereto, and that (he, she) fully understand the same and that (he, she) knows the contents thereof and the answers and statements contained therein and the same are true. Subscribed and sworn to before me this�day of L� fl..Q—ate NOTARY PUBLIC My Commission Expires: x--14-- -V�) =Public - DA JONES lic - Notary Sealf MissouriCape Girardeau Countyxpires: May 14, 2020 umber:12341749 OFFICE USE ONLY Building Inspector pprove Disapprove Signature Date o e� Zoni Inspector Approve Disapprove Signature Daehe 6 9 Health Inspector Approve Disapprove Sikfratu Date Fire Inspector Approve Disapprove Signature Date Finance Division Approve Disapprove Signature Date Taxes ❑ Utilities ❑ Special Assessment ❑ No Tax Due ❑ License # Setup Issue HMR Tax # Setup 05/22/2018 12:43 FAX 5733346572 CAPE CO HEALTH DEPT 2002/008 FOR MANAGING OFFICER. OF CORPORATION/PARTNERSHIP; STATE OF t v ) COUNTY OF �,KLr' 61-u_- SS' Cr '� _. of lawful age, being first duly sworn upon (his, her) oath, deposes and ttie says that (he, she) managing officer of the corporation seei<ing a license hereunder, that (he, she) has been authorized by sand corporation to make this application in its behalf, that (he, sh0 has read this application and the Instructions with reference thereto, and that (he, she) fully understand the same and that (he, she;) Knows the contents thereof and the answers and statements contained therein and the same are true. ^� ISubscribed and sworn to before me his NOTAR'r` PUBIJC My Commission Expires: gCIINDA JONES' Public - Noiary Seal ate of PJlsso01 - vo,I Issloned tor Cape C�Irardeau County �ff1YG0MrnI8s1onFxpjras:Ma y 14, 202p miseion Nurnber;12341749 OFFICE USEONLY Building Inspector p Approve --- Disapprove .r. 1Ar Sigr•ure Date Zoning Inspector Approve Disapprove pprove --' ""— S'gnacr.ae Date ---- ---- health Inspector pprove Disapprove —._..—. SiOuOure " Fire In a Approve - l)IsapproVe SiG�a?�ira Date I Finance Division App; oVe — t)isaparove _----- ............. —...__ 5ion;:r;u e Date Taxes Udiftles Special Assessment No Tax Due ....... License It Setup Issue HMR Tax f� Sett+p — FOR MANAGING OFFICER OF CORPORATION/PARTNERSHIP: STATE OFrA r ) } Ss. COUNTY OF of lawful age, being first duly sworn upon (his, her) oath, deposes and says that (he, she) It the managing officer of the corporation seeking a license hereunder, that (he, she) has been authorized by said corporation to make this application In its behalf, that (he, she) has read this application and the Instructions with reference thereto, and that (he, she) fully understand the same and that (he, she) (mows the contents thereof and the answers and statements contained therein and the same are true. AA - Subscribed and sworn to before me this 15 day of NOTARY PUBLIC My Commission Expires: '5-- f 4-- az BELINDA JONES' Notary Public • Notary seal Skate of Missouri Commissioned for Cape Girardeau County Nly Commission Expires: Mayy 14,202 1) a YImisslon Number. 12341749 OFFICIE USE ONLY Building inspector Approve Disapprove Signature Date Zoning Inspector Approve Disapprove Signature Date Health inspector Approve Disapprove Signature Date Fire inspector Approve r Disapprove Signature Date Fina 'JgDivision Appr a Disapprove Sig tore pate r Taxes ❑ Utilities ❑ special Assessment ❑ No Tax Due ❑ License # Setup issue HMR Tax # Setup SHP-3430 10/10 .: No Match Notification A statewide search of the identifiers below has revealed no criminal conviction or sex offender information on file. Fingerprints were not provided and thus the result of the search cannot be guaranteed. Date of Search: 04/30/2018 Name (1): RICKY WERNER Name ( 2) : Name (3): Date Of Birth: SSN: Control Number: If you have any questions, please do not hesitate to contact our office at 573-526-6312. Missouri State Highway Patrol Criminal Justice Information Services Division PO BOX 9500 Jefferson City, MO 65102 TAXATION DIVISIONI.♦1 { f TICNT *.,III PO BOX 3000 a. �,"; '� m,�4, DEPARTMENT OF REVENUE JEFFERSON CITY, MO 65105-3000Telis ry Fax:1-5860 573-522 1722 E -mail: businesstaxregister@dor.mo.gov IP BANQUET CENTER LLC 1722 CRESTWOOD DR CAPE GIRARDEAU, MO 63701-2914 May 09, 2018 CERTIFICATE OF NO TAX DUE RE: Notice Number 2001662877 MISSOURI ID: 25273205 To whom it may concern: The Department of Revenue, State of Missouri, certifies that the above listed taxpayer/account has filed all required returns and paid all SALES TAX due, including penalties and interest, or does not owe any SALES TAX, according to the records of the Missouri Department of Revenue, as of May 09, 2018. These records do not include returns that are not required to be filed as of this date for taxes previously collected or that have been filed but not yet processed by the Department. This statement only applies to SALES TAX due and does not limit the authority of the Director of Revenue to assess, or collect liabilities under appeal, in default of an installment agreement entered into with the Director of Revenue or that become known to the Department as a result of an audit, a review of taxpayer's records, or a determination of successor liability. THIS CERTIFICATE REMAINS VALID FOR 90 DAYS FROM THE ISSUANCE DATE. TAXATION DIVISION RECEIVED JUN 0 4 2013 RONALD GARMS Attorney at Law P. O. Box 795 • Cape Girardeau, MO 63702 • 314.315.3131 • r.garms(a)garmslaw.com . May 31, 2018 Ms. Gayle Conrad Liquor License Review Board P. O. Box 617 Cape Girardeau, MO 63701 RE: River City Banquet Center, LLC, 631 South Sprigg Dear Ms. Conrad: Please accept this letter as notice by River City Banquet Center, LLC to appeal the denial of its liquor license application and to request a hearing be held in this matter at the City's first opportunity. Please advise me of the date selected. WSinc Ronald Garms CITY Of CAPE GIRARDEAU OFFICE OF THE CITY MANAGER Letter No. 18-56 May 25, 2018 Mr. Rick Werner River Valley Banquet Center LLC 1722 Crestwood Drive Cape Girardeau, MO 63701 Re: Renewal of Liquor License for River Valley Banquet Center LLC, 631 South Sprigg Dear Mr. Werner: On May 1, 2018, you submitted an Application to renew the retail liquor by the drink, 5% liquor by the drink and Sunday Sales liquor license for River Valley Banquet Center LLC located at 631 South Sprigg Street, Cape Girardeau, Missouri. Based upon Section 5-33 of the City Code and findings of the Cape Girardeau Police Department, the City Manager has denied the renewal of the liquor license for the River Valley Banquet Center. Per Section 5-35 of the City Code of Ordinances, the applicant for the liquor license may appeal this denial by requesting a hearing before the Liquor License Review Board. The written appeal request must be received within ten (10) days after this notice of denial was received. This notice is presumed received by the applicant three (3) days after it is mailed. The appeal must be in writing and addressed to the Liquor License Review Board, Attention Gayle Conrad, P.O. Box 617, 401 Independence, Cape Girardeau, MO 63702. If you hnaa e a y questions, feel free to contact my office. Si:erel f y Scott�eyer City, anager cc `—Tfisfia Holloway, Customer Service Manager Wes Blair, Police Chief Rick Ennis, Fire Chief Cape Girardeau County Health Department ,e � uL 401 Independence Cape Girardeau, MO 63703 573-339-6320 Tel 573-339-6302 Fax cityofcape.org/management a` � ��• RENEWAL OF LIQUOR LICENSE APPLICATION Date Submitted: S`1 CITY of CAPE G I RAR D EAU Desired Sales Start Date: CUSTOMER SERVICE OFFICE, 401 INDEPENDENCE ST., CAPE GIRARDEAU, MO 63703,573-339-6322 Aoolication For (check all that aoolv) 5% Liquor by the Drink Wholesalers of Malt Liquor Not in Excess of 5% Sunday Sales t Retail Liquor by the Drink Wholesalers of Intoxicating Liquor— Under 22% Original Package Liquor Wholesalers of Intoxicating Liquor—All Kinds Wine Tasting Manufacturers of Beer Distillers/Manufacturers of Liquor Consumption of Liquor Alicant's Full Name (First, Middle, Last) K �ilee- B ' ess Name ,r�r� Applicant's Ad ress 2-� re �� us'ne Bs' dd ess LA s r, City, State, Zip]�/ k"I 5" Gt I L / 0 / City, State, Zip cam ' f / ll,—v' Gd Busin ss' P,Wne Home / Other Phone Email Provide the following information pertaining to the man4ding officer of the corporation, each partner of a partner of a partnership, or the owner of a sole proprietorship Fu II Name (and maiden name, if applicable) Date of Birth PI a of Birth ISI CA 6,l*�' ��' ( State, Zip 0% current Driver License Number Cur?ent Driver License State Social Security Number . — List all former driver license states y s the managing officer a U. S. Citizen? YES NO List all former names and times when used Full Name From To Full Name From To Full Name From To Has the owner, managing officer, corporation, any stockholder owning 10% or more of issued stock, or any partner, or any member of owner's managing officers, or any partner's household or immediate family had any license issued by the supervisor of liquor control of the state of Missouri or by the licensing authority of any other state or by any city, suspended or revoked within the last 12 months? YES 0 NO If so, give details: Is there now employed or do you expect to employ' the business hereunder any person who has been convicted of any crime? YES 0 NO If so, give details: Name, address and phone number of partners or officers, and ownership percentage: (Attach a separate sheet if needed) qPE GIRA PIDEA: FOR PARTNERS OR SOLE PROPRIETORS: tO STATE OF t uj 6g-r"� ) SS. COUN��OF ^sfr e ) R`'►ri'��tcencj- , of lawful age being first duly sworn upon oaths, depose and say that (he, she) have read this application and the instructions with reference thereto and that (he, she, they) fully understand the same; that (he, she) know the contents and the statements contained therein and that the same are true. Applicant has personal knowledge of the information contained the applica ' and s rea the provisions of Article XV of Chapter 15 of the Code of Ordinances of the City of Cape Girardeau, Missouri. --------------- Subscribed and sworn to me before this _day of M C k e LER HAHN Notary Public - Notary Seal State of Missouri ��` P Commissioned for Cape Girardeau County NOTARY PUBLIC My Commission Expires: Ma'14297 2 My Commission Expires: Cork._ �?m sa Lf `a..il 1 FOR MANAGING OFFICER OF CORPORATION/PARTNERSHIP: STATE OF SS. COUNTY OF 'of lawful age, being first duly sworn upon (his, her) oath, deposes and says that (he, she) is the managing officer of the corporation seeking a license hereunder, that (he, she) has been authorized by said corporation to make this application in its behalf, that (he, she) has read this application and the instructions with reference thereto, and that (he, she) fully understand the same and that (he, she) knows the contents thereof and the answers and statements contained therein and the same are true. Subscribed and sworn to before me this day of My Commission Expires: A1Z License # 1 HMR Tax # NOTARY PUBLIC OFFICE USE ONLY Building Inspector Approve t/ Signature . Zoning Inspector Approve t� Disapprove V Health Inspector Approve Disapprove Signature Disapprove Sig ure Fire Inspector Approvg- Utilities Finance-Mvisron Approve C Setup Issue Taxes License # 1 HMR Tax # NOTARY PUBLIC Disapprove Signature . t� Disapprove Signature Disapprove Signature Disapprove Sig ure Disapprove Signature Utilities Special Assessment Kni Setup Issue Setup �-n - x Date Date Date Date Date �—q— )S No Tax Due FOR PARTNERS OR SOLE PROPRIETORS: STATE OF } SS, COU �j OF of lawful age being first duly.sworn upon oaths, depose and say that the, she) have read this application and the Instructions with referance thereto and that (he, she,they) fully understand the same; that (he, she) knowthe contents and the statements contained therein and that the same are true. Applicant has personal knowledge of the information contained the applica and s rea //the provisions of Article XV of Chapter 15 of the Code of ordinances of the City of Cape Girardeau, Missouri, PS • i Subscribed and sworn to me before this . r day of R I AHN jig �Ngtaryits of - Notary Seat o�t State of Missouri 47 corrid3oloned for Capa Girardeau Cnu NOTARY PUBLICy My Commission bcplrn es; MaxAh Ma 4297 2 My Commission Expires: camIlllliDlb FOR MANAGING OFFICER OF CORPORATION/PARTNERSHIP: STATE OF ) ) 5S, COUNTY OF ) __ , of lawful age, being first duly sworn upon (hls, her) oath, deposes and says that (he, she) Is the managing officer of the corporation seeking a license hereunder, that (he, she) has bean authorized by said corporation to make this application In Its behalf, that (he, she) has read this application and the instructions with reference thereto, and that (he, she) fully understand the same and that (he, she) knows the contents thereof and the answers and statements contained therein and the same are true, Subscribed and sworn to before me this day of My Commission Expires: /0"Lt— V1S&. wtv NOTARY PUBLIC U" Kz')M i L& 4-sre � iK,a.9N: � � '. a�,. .,i�.•, ..- :,.n::is� •, �^ i. ..,a,,. •i:ti::i" uG.•t�to% F'E'U5 0 ;f.. .:;'r'.. d'k+ s.r... ,.p,:.�-!:;;�6s :,,._"°;:',:••.:,. , •,�!.�. :S::�t";:k�).�;;+�ii��,�:°i . , ,. .. .. ... , �.: �,� .. r •4. .: ,:;: �. f.. �: `�.. J,. :�"} .f : r:'t :r.Cf`'A•. •{: ;�'.�:7':,t':� '�5:' .>! ../. .1. ..1 �..." , rr. �: - �'; Building Inspector Approve Disapprove Signature Date Zoning Inspector, Approve Disapprove Signature Date Health inspector Approve Disapprove Signature Date Fire Inspector Approve Disapprove Signature Date Finance Division Approve Disapprove Signature Date Taxes Utilities Special Assessment No Tax Due License Rcv� Setup Issue HMR Tax n Setup CITY of CAPE GIRARDEAU POLICE DEPARTMENT The following reasons for the Cape Girardeau Police Department for disapproving I.P. Banquet Center's liquor license application: Between 2016 and 2017 the Cape Girardeau Police Department received several anonymous reports that the owners and managers would allow minors into the "Independence Place" to drink. During this time this business was owned and managed by Mr. W. Horman and a Mr. Ricky Werner, some of these complaints and violations were on: -06-02-17: An employee was summoned for allowing a minor into the business: CGPD CN # 17003644. - 09-28-17: CGPD received a complaint that the Independence Place was operating without a State Liquor license. -11-09-17: CGPD received a call from a concerned citizen about the underage drinking and sex acts going on inside the Independence Place, -11-15-17: With the assistance of the Missouri State Liquor and Tobacco Control agency contact was made with both Horman and Werner. It was determined that the business was selling liquor without a state liquor license and that since the business had an outstanding debt with a liquor wholesaler they were buying liquor from Wal Mart. Mr. Werner was issued a State Court Summons on 12-5- 17 for purchasing liquor from someone other than a wholesaler, CGPD CN #17007465. On 01-24-18 a Ms. Holly Miller was granted a city liquor license for the Independence Place, but Mr. Werner was still the landlord of the building. Mr. Werner is stili going through court proceedings for the incident on 11-15-17. His next court date is on 06-06-18 at 0900 hrs in Division VI in Jackson, MO. Mr. Werner has shown in the past he cannot be a responsible bar owner/ manager/ partner, he has not made any attempt in his business operations to prohibit underage individuals from entering his bar and consuming alcohol. His lack of responsibility as an owner/manager/partner is a public safety concern and Mr. Werner should not be able to obtain a liquor license. Lt. Bradley Smith #148 44 '0 J 2530 Maria Louise Lane Cape Girardeau, MO 63701 573-339-6621 Tel 573-339-6362 Fax cityofcape.org/police facebook.00m/capepoltee FOR PARTNERS OR SOLE PROPRIETORS: STATE OF SS. COUNT OF/, j -, Ll een C✓" of lawful age being first duly sworn upon oaths, depose and say that (he, she) have read this application and the instructions with reference thereto and that (he, she, they) fully understand the same; that (he, she) know the contents and the statements contained therein and that the same are true. Applicant has personal knowledge of the information contained the applica ' and s read the provisions of Article XV of Chapter 15 of the Code of Ordinances of the City of Cape Girardeau, Missouri. Subscribed and sworn to me before this _L_day of mak g LER HAHDSeal o Notary Public - NotState of MissoNOTARY PUBLIC Commissioned for Cape GiMy Commission Expires: My Commission Expires:Comls�b FOR MANAGING OFFICER OF CORPORATION/PARTNERSHIP: STATE OF ) SS. COUNTY OF ) of lawful age, being first duly sworn upon (his, her) oath, deposes and says that (he, she) is the managing officer of the corporation seeking a license hereunder, that (he, she) has been authorized by said corporation to make this application in its behalf, that (he, she) has read this application and the instructions with reference thereto, and that (he, she) fully understand the same and that (he, she) knows the contents thereof and the answers and statements contained therein and the same are true. Subscribed and sworn to before me this day of NOTARY PUBLIC My Commission Expires: 'OFFICE USE ONLY ., Building Inspector Approve Disapprove Signature Dat 70 19 Zoning Inspector — Approv Disapprove Signa t a ate j / Health Inspector Approve Disapprove Signa ure Date Fire Inspector Approve Disapprove Signature Date Finance Division Approve Disapprove Signature Date Taxes Utilities Special Assessment No Tax Due License # Setup Issue HMR Tax # Setup MAY/15/2018/TUE 03:20 PM FAX No, P. 022 FOR PARTNERS OR SOLE PROPRIETORS: STATE OF COLIN SS. OF e ) of lawful age being first duly-swornupon oaths, depose and say that (he, she) have read this appllcation and the instructions with reference thereto and that (he, she, they) fully understand the same; that (he, she) knowthe contents and the statements contained therein and that the same are true. Applicant has personal knowledge of the information contained the appli"and reaA the provisions of Article XV aChapter 15 of the Code of ordinances of the City of Cape Girardeau, Missouri. Subscribed and sworn to me before this ,day of Gu ' LER K N )� Nola Public • N&ary Seal State of Mlasouft commiselonod for Cats Olfsrdsau coon My Commission Expires: NOTARY PUBLIC My Commission Ex}IFOS', 202 2 co m (n FOR MANAGING OFFICER OF CORPORATION/PARTNERSHIP; STATE OF ) I SS, COUNTY OF ) of lawful age, being first duly sworn upon (hl,-, her) oath, deposes and says that (he, she) Is the managing officer of the corporation seeping a license hereunder, that (he, she) has been authorized by said corporation to make this appllcatlou in its behalf, that (he, she) has read this application and the instructions with reference thereto, and that (he, she) fully understand the same and that (he; she) knows the contents thereof and the answers and statements contained therein and the same are true. Subscribed -and sworn to before me this day of NOTARY PUBLIC My Commisslon Expires: &T-1-J f2o)u- �!�Jl FOR PARTNERS OR SOLE PROPRIETORS: STATE OF�11< by t L } SS. COUND OF C } i t 11 L1f-�i Z� F of lawful age being first duly sworn upon oaths, depose and say t.hat (he, she) have read this application and the Instructions with reference thereto and that (he, she, they) fully understand the same; that (he, she) know the contents and the statements contained therein and that the same are true. Applicant has personal knowledge of the information contained the apppca and l s rea the provisions of Article XV of Chapter 15 of the Code of Ordinances of the City of Cape Girardeau, Missouri. Subscribed and sworn to me before this _,1_day of MC4,,k of I ER HAHN Notary public , Notary Seat State of Missouri NOTARY PUBLIC Corruiilssioned forCaappe Slrardeau County My Commission Exp Ma q 8 2 My Commission Expires: CoCOrOiSSt40iui4ii ' FOR MANAGING OFFICER OF CORPORATIONJPARTNERSHIP: STATE OF COUNTY OF , of lawful age, being first duly sworn upon (his, her) oath, deposes and says that (he, she) Is the managing officer of the corporation seeking a license hereunder, that (he, she) has been authorized by said corporation to make this application in Its behalf, that (he, she) has read this application and the instructions with reference thereto, and that (he, she) fully understand the same and that (he, she) knows the contents thereof and the answers and statements contained therein and the same are true. Subscribed and sworn to before me this day of NOTARY PUBLIC My Commission Expires: OFFICE USE ONLY Building inspector Approve Disapprove Signature gate Zoning Inspector. Approve Disapprove Signature Date Health Inspector Approve Disapprove Signature Date Fire Inspector Approve Disapprove Signature Date Finance Division Approve Disapprove Sig azure Date Taxes Utilities Special Assessment No Tax Due License # CA Setup Issue MMR Tax # Setup RIVER VALLEY BANQUET CENTER LLC. 631 S. Sprigg St. DESCRIPTION OF LICENSED PROPERTY All of the enclosed area of the building. Covered concrete patio at the rear of the building. A portion of the concrete area at the front entrance. TAXATION DIVISION [DEPARTMENT OF REVENI-JE PO BOX 3666 ,i t JEFFERSON CITY, MO 65105-3666 Telephone: 573-751-9268 Fax: 573-522-1265 E-mail: taxclearance@dor.mo.gov RIVER VALLEY BANQUET CENTER LLC 1722 CRESTWOOD DR CAPE GIRARDEAU, MO 63701-2914 CERTIFICATE OF NO TAX DUE MISSOURI ID: 23168668 Notice Number 2001621844 DATE: 04/30/2018 VALID THROUGH: 07/31/2018 To Whom It May Concern: The Department of Revenue, State of Missouri, certifies the above listed taxpayer has filed all required returns and paid all sales or withholding tax due, including penalties and interest, and does not owe any sales and withholding tax, as of April 29, 2018. This review does not include returns that are not required to be filed as of this date or that have been filed but not yet processed by the Department. This statement only applies to sales and withholding tax due and is not to be construed as limiting the authority of the Director of Revenue to assess, or pursue collection of liabilities resulting from final litigation, default in payment of any installment agreement entered into with the Director of Revenue, any successor liability that may become due in the future, or audits or reviews of the taxpayer's records as provided by law. THIS CERTIFICATE REMAINS VALID FOR 90 DAYS FROM THE ISSUANCE DATE. TAXATION DIVISION INCIDENT DETAIL REPORT LIQUOR LAWS MINOR ON PREMISES Agency : Cape Girardeau Police Departme Phone : (673) 336.6621 Aaaresa : 4V s sprigg, cape uiraraeau mu oarvs Incident 4 : 17003644 Call For Service 4 : CAPE2017026774 Begin Date/Time : 0610212017 09:30 Occurence Date: Other 4 : End Date/Time : 06/0212017 09:31 Solvability Points: Disposition : CLEARED BY ARREST Date Reported: 06/0212017 Total Damage UCR Disposition: CLEARED BY UCR Disposition Date: 00102/2017 Home: (673) 334.4667 Officer: BRADLEY SMITH NCIC Cods : LIQUOR LAWS MINOR ON PREMISES Location Type : Incident Place Name; INDEPENDENCE PLACE Location Type : Incident Place Name: INDEPENDENCE PLACE IBR Code: Address: 6 N Henderson AVE Cape Girardeau MO 63701 Address: 6 SHENDERSON AVE Cape Girardeau MC 63703 UCR Code: 22 Involvement: ARREST Sex: M Last Name : LERAY Birth Date: First Name: MAURICE Eye Color: Primary: (618) 306.0181 MI ; JULES Hair Color: Home: (673) 334.4667 Suffix: JR Hair Length : Cell: (618) 306.0181 Race: WHITE Height: 6'11" Ethnicity: NON HISPANIC Weight: 1961bs Address: 10 N Henderson AVE, Cape Girardeau, Arrest Date: 06/02/2097 00:00 Violation Code: 5-12C - Name: SMITH, BRADLEY ARRESTS FOR INCIDENT 17003644 Location : INDEPENDENCE PLACE 6 S HENDERSON AVE LAWS MINOR ON PREMISES Action Date: 6/2/2017 CITATIONS• " INCIDENT 17003644 5L'7�9`A'I'��I'1 CMRFP'4';•EY�ts� y �x� . � a�,:;� 't+ - Printed: 01/11/2016 12,4143 PM Incident Page 1 of 4 INCIDENT DETAIL REPORT LIQUOR LAWS MINOR ON PREMISES Agency: Cape Girardeau Police Departme Incident # : 17003644 Phone: (673)336.6621 Arldraaa . 40 S SDrlaa. Cana Girardeau MO 63703 ._.... .. .. ... .. .... �_ .... ...............__, .- ........... _ _ _ _ ..... . Citation # : 130441412 Officer SMITH, BRADLEY Citation TVDe : Criminal Municipal Assist Officer: Citation Date : 0810112017 23;66 Location INDEPENDENCE PLACE 6 S HENDERSON AVE NIU r 1¢Nsi%Y4AM%S r Violation Code; 5.12C - LIQUOR LAWS MINOR ON PREMISES Fine Amount: $0.00 ...... .......... Court Date: 7119/2017 0:00:OOAM Court Type : Court Name: CAPE GIRARDEAU Jury Trial : No Judge: MUNICIPAL COURT Comment: Printed: 01/11/2018 1241:43 PM mmnenc raga a or v INCIDENT DETAIL REPORT LIQUOR LAWS MINOR ON PREMISES Agency: Cape Girardeau Police Oepartme Incident #: 97003644 Phone: (573) 336.6621 Address: 40 6 Sprigg, Gape Girardeau MO 63703 Independence Place 5 S. Henderson Cape Girardeau, MO 63701 On Thursday, June 1, 2017 Officers of the Cape Girardeau Police Department conducted a series of alcohol compliance checks throughout our jurisdiction. Working with the department was cooperating minor witness or youth buyer, who was youthful in appearance and complied with the state guidelines regarding alcohol compliance checks. A criminal history check was conducted of the youth buyer and it was established that the youth buyer did not have any criminal record on file. The youth buyer is identified as UC # W/F 18 years of age, DOB i The Cape Girardeau Police Department conducted an age verification of the youth buyer on 06-01-2017 and the average age provided by seventeen (17) random citizens was 16,52. The youth was trained on and briefed to carry and present when asked for, their true identification, and not to make any false or misleading statements concerning their age, nor to remain silent when asked questions about their age. The youth was further instructed to enter the establishment and proceed immediately to attempt to purchase intoxicating liquor utilizing the pre-recorded purchase money provided by the police department. The youth buyer was searched at the police station prior to departure and it was established that the only identification she possessed was her valid Missouri Driver's License. A photograph of the buyer was taken prior to departing the police station. All transactions were recorded and all evidence seized by the Cape Girardeau Police Department will be retained until final deposition of the state and municipal violations. The facts in this case are as follows: At approximately 2355 hours the youth buyer along with Officers Farrow #271 and Lt. Smith #148 arrived at the Independence Place, 5 S. Henderson Street in Cape Girardeau, MO. The youth buyer activated a video recorder and recorded the date, time, it should be noted the time is an hour ahead of the real time and the date is ahead by one day. Officer Farrow #271 provided the youth buyer with U.S, currency. Moments later the youth buyer entered the business and walked directly up the stairs to a W!M checking Id's at the door, this subject is identified as Maurice J. Leroy .The youth buyer then handed Leray her identification. Leray looked at her Id then asked for two (2) dollars to pay the cover charge. Leray then placed a arm band on her left wrist, she then entered the bar and sat down. A short time later the bar tender approached the youth buyer, she attempts to order a drink, but the bar tender stated the arm band has to be on her right wrist to get a drink. The youth buyer then exits the business. Officer Farrow immediately seized the recording device. On 06-02-17 at 1049 hrs I made phone contact with the owner of Independence Place, Rick Werner, I in formed him of the compliance check and that his door man allowed a 18 year old into his bar. Werner 3( stated his doorman, Leray, was a new employee and would contact him and have him meet Lt. Smith #148 at the Cape Girardeau Police Department. I Printed: 01/11/2018 12:41:43 PM Narrative Page 1 of 2 Incident Page 3 of 4 INCIDENT DETAIL REPORT LIQUOR LAWS MINOR ON PREMISES Agency: Cape Girardeau Police Pepartme Incident # : 17003644 Phone :(573) 3356621 A,H..a , an R Rndon. Cane Girardeau MO 63703 On June 5, 2107 at 1525 hrs Leray was issued Municipal summons #120696131 returnable to the Cape Girardeau Municipal Court on 07-11- 2017 at 0900 hrs. Leray was fully identified as follows: Leray, Maurice Jules Jr W/M 10 S. Henderson St. Cape Girardeau, MO 618-306-0181 A copy of the video/audio recording of the youth buyer were transferred to a digital file for future use. In addition, the youth buyer completed a minor report form detailing the specifics of the transaction and it was placed in the buyer's file along with a photocopy of their valid identification. An information and consent document and a list of the establishments visited noting the date, time and outcome of the check, are on file. Lt. Bradley Smith #148 Mated; 01/11/2010 12:41:43 PM Narrative Page 2 of 2 ummraa rny�+� INCIDENT DETAIL REPORT SELLING LIQUOR WITHOUT PAYMENT OF ADDITIONAL REVENUE CHARGE OR WITHOUT LICENSE Agency :Cape Girardeau Police Deparime Incident # : 17007466 Phone: (573) 335.6621 Address : 40 S Sprigg, Cape Girardeau MO 63703 _ P,F SYvnx.m Call For Service #: CAPE2017065590 Begin Date/Time : 1119612017 22:49 Occurence Date Other # : End Pate/Time : 11/1512017 23:16 Solvability Points: Disposition : ACTIVE Date Reported : 1119512017 Total Damage: UCR Disposition : NON-UCR UCR Disposition Date : 11 11 512 01 7 Officer; BRADLEY SMITH 3317raa.V NCIC Code: 4199 IBR Code: UCR Code: 22 PURCHASING LIQUOR FROM SOMEONE OTHER THAN WHOLESALER 3329592.8 Primary Violation NCIC Code: 4102 IBR Code : UCR Gode : 22 SELLING LIQUOR WITHOUT PAYMENT OFADDITIONAL REVENUE CHARGE OR WITHOUT LICENSE Location Type: Inc Location Address: 5 S Honderson AVE ('.nn Girardeau MO Involvement SUSPECT Sex M Last Name : BORMAN Birth Date Primary: (573) 279.6992 First Name: WILLIAM Eye Color: Home: (573) 270.0179 MI: GERARD Hair Color: Cell: (573) 271.6992 Home: (573) 335-9206 Hair Length: LYNN Suffix: Height: (673) 270-4888 Rare: WHITE 95 1bs Weight: 185 Ethnicity: NON HISPANIC Race: WHITE Address: 534 Washington AVE , Cape Girardeau, Involvement: SUSPECT Sex : Last Name: WERNER Birth Data Eye color: BRC primary: (573) 270-4888 First Name: RICKY Hair Color; Rao Home: (573) 335-9206 MI: LYNN Cell : (673) 270-4888 suffix: Hair Length : Work: (573) 334-7775 Race: WHITE Height: Weight: 165 165 lbs Ethnici#y : NON HISPANIC Address : 1722 CRESTWOOD , , MC 63701 ..,...-_..,._�.w-.,...-......_�...--..._._ Incident Page 1 or 4 Printed: 11/20/2017 1o:51:14AM INCIDENT DETAIL REPORT SELLING LIQUOR WITHOUT PAYMENT OF ADDITIONAL REVENUE CHARGE OR WITHOUT LICENSE Agency: Cape Girardeau Police Departure Phone: (573) 335.6621 Address: 40 S Sprigg, Cape Girardeau MO 63763 Incident # : 17007465 On 01-17-2016 on the web site tip411, a web site tool used by the Cape Girardeau Police Department that allows citizens to anonymously and confidentially text tips, a tip was posted on the Cape Girardeau Police Department's Dashboard at 2030 hrs stating Independence Place has a college night dedicated for minors and they allow them to drink, see attached, On 06-02-2017 myself and Ptlm, C. Farrow #271 were conducting a series of alcohol compliance checks throughout our jurisdiction, Working with the department was a cooperating minor witness/ youth buyer. At 2355 hire the youth buyer arrived at 5 S. Henderson, Independence Place, the youth buyer was provided with U.S. currency. The youth buyer entered the business and walked directly up the stairs to a subject checking identification. It should be noted the youth buyer used his/her own Missouri driver's license. The subject checked the ID, the requested $2.00 for a cover charge. The youth buyer was then allowed Into the business. A short time later I made contact with the subject and issued him a summons for liquor violation- allowing Minors on the premise, Cape Girardeau City Ordinance 5-12-C• See attached CDPD CN 17003644 for further. On 09-28-2017 once again on the CDPD tip411 dashboard a post was left stating that the Independence Place is operating without a license. On 11-09-2017 1 had received a email from Det. M. Peters #269, stating that he had received a phone call from a concerned citizen about underage drinking and sex arts going on inside of the Independence Place. See attached email. I then made contact with Kevin Weaver #56,with the Missouri Department of Public Safety Division of Alcohol and Tobacco Control, it should be noted that Weaver was with me and Ptim• Farrow on 06-02-2017 when the incident occurred at the Independence Place. I informed him of the recent information on the Independence Place and asked if he Could do some checking of their records on this business. A short time later Weaver informed me that the Independence Place does not have a valid State Liquor License since 06-30-2017. He stated on 09-06.2017 they had received a application from True Color Investments LLC, Independence Place, for a primary Retail Liquor License, but was denied because they had an out standing debt to Glazer's wine and spirits located in St. Charles, MO, for $683.91. On 11-15-2017 1 met with Weaver, Agent Gary Tate #54, and Agent Tom Zurhide #6 at CGPD 110 to conduct compliance checks in Cape Girardeau, including the Independence Place. Zurhide provided me with copies of the denied application and three emails between Agent T. Heskett, agent J. Bruemmer, and the following suspect, owner of True Color Investments/ Independence Place; Suspect: Horman, William G W/M Printed: 11/20/2017 10:51:14 AM Narrative Page 1 of 3 Incident Page 2 of INCIDENT DETAIL REPORT SELLING LIQUOR WITHOUT PAYMENT OF ADDITIONAL REVENUE CHARGE OR WITHOUT LICENSE Agency: Cape Girardeau Police Oepartma Phone: (673) 336.6621 CAArecc - An R Rneina. cane Girardeau MO 63703 The emails were dated from 10-27, 2017 to 11-06-2017. Date To From Content 11-02-2017 Haskett Bruernmer True Color's debt with Glazer 11-03-2017 Horman Haskett Informing Herman of the debt and it had to be paid. 11-06-2017 Haskett Horman Herman stating he will take care of the debt. See attached emails. Incident 0 : 17007466 . At 2234 myself along with Zurhide, Weaver, and Tate arrived at 5 S. Henderson, Independence Place, To determine if they were selling liquor without a State Liquor License. Both Weaver and Tate entered the Independence Place, it should be noted all the agents were in plain clothes. At 2234 hi Tate advised me he and Weaver were the only customers in the business and they had just purchased a beer each. A short tune later myself and Zurhide entered the business and made contact with Tate, Weaver, and with a subject who was later identified as Herman. I was informed that Harman had sold two Bud Light beers. I informed Harman of the recent complaints of underage drinking and requested to see his State Liquor License since I could not see it pasted, Herman then walked behind the bar along with Zurhide, As Harman was looking through several cabinets and file folders an expired State Liquor License was located, the expiration date was June 30, 2017. This item was seized by this officer, see attached photo. A Cape Girardeau County Public Health Center Inspection Report was also located listing Herman as the owner of the Independence Place, see attached photo. When asked who owns the bar Herman stated he "Is going to", but the current owner is: Suspect: Werner, Rickey L W/M Zurhide then asked Herman for some Id, Hermon stated he did not have one an him. Zurhide then asked if he had a credit card or anything with his name on it. Herman stated "no" just cards with Independence Place on it. As Harman was going through his wallet Zurhide noticed Horman's Missouri drivers license in the stack of credit cards Herman had. At which time Herman was escorted from out behind the bar and told to sit at a table. Herman was then instructed to call Werner and have him respond to our location. Werner arrived a short time later and took a seat at the bar, I asked him if he remembers me from the time I came to his bar shortly after the incident in June. Werner replied "yes", I then informed him that I had received more complaints on underage drinking and that he was selling alcohol without a State Liquor License since 06-30,2017. Werner stated he was aware of this and was trying to get it worked out with the debt with Glazer's. Werner was then asked where he was getting his liquor, since he did not have a license. Werner stated he was buying it a Wal Mart then reselling it. A sample was taken from both 12 oz bottles of Bud Light that Herman sold Weaver and Tate, see Printed: 11/20/2017 10:51:14 AM Narrative Page 2 of 3 lnaoenr rage s or v INCIDENT DETAIL REPORT SELLING LIQUOR WITHOUT PAYMENT OF ADDITIONAL REVENUE CHARGE OR WITHOUT LICENSE Agency : Cape Girardeau Police Departme Phone : (673) 3366629 �w.i......... AA a Cnwinn (:... Mr1 927nA Incident # : 17007466 attached photos. The samples will be sent to the lab to test for the presence of alcohol. Both Werner and Horman stated they could not have any alcohol on the premise or serve any alcohol until they get a valid liquor license. Both subjects were released pending a state warrant application for: Werner: Purchasing liquor from someone other than a wholesaler Horman: Selling liquor without payment of additional revenue charge or without a license. further at this time. Printed: 11/20/2017 10:51:14 AM Narrative Page 3 or 3 71117/2(117 t1p411 -Tips DASHBOARD (/) / TIPS (/TIPS) / F44D63 Tip Info Tipster Conversation f44d63 What/ Subject Minors Where / Location Independence Place Details / Description Independence Place In Cape Girardeau allows minors In and has a college night that Is dedicated for minors and they allow them to drink, The college nights are on Thursdays the minors usually get there around 10:30 pm Status New Source Web Created 01 /17/2016 at 20:03 CST Last Modified 08/31/2017 at 01:03 CDT Owner Unassigned Categories Tip Alert Group Cape Girardeau Police [Department (/agencies/capepd/groups/3765) Access Code f44d63 Access Tip Link https:11www,ti p41 l.com/tips/code/f44d63 Read Only Tip Link https;//www.tlp41I.com/tips/read-only/ba3bbb F.clit tip (/tips/f44d63/edit) • Mark Lip as closed (hips/f4063/soft close) Stop tip thread and ckase (/tips/f44d631close) • SoIr ^sperlilc lo(Adon (/tips/f44d63/locations/new) - Print (!tips/f44d63/print) • Copy** ** - Requires Flash to be installed Subject: Minors hltps://w Alp411.c=/t1ps/f44d63 111 Smith, Bradley From: Peters, Matthew Sent: Thursday, November 09, 2017 7:39 AM To: Smith, Bradley Subject: Re: Independence Place Thai* you lieutenant! Sentftom my Verizon Wireless 4GLML)ROID "Smith, Bradley" <135mithityofcape drardcau.orl=> wrote: On Nov 15t1' myself and Liquor Control is doing a compliance check, we will add this to our list. From: Peters, Matthew Sent: Wednesday, November 08, 2017 5:07 PM To: Police Department Subject: Independence Place I got a telephone call from a concerned citizen about underage drinking and sex acts going on at Independence Place. I am currently working a case where these issues came to light. Please give this place a little attention and do some walk throughs. They are allegedly serving minors as young as 16 along with the sex acts. Detective M. Peters DSN 269 Phone: (573) 335-6621 ext. 1269 Fax: (573) 339-6361 Zurheide, Thomas From: Bruemmer, Jennifer Sent: Thursday, November 02, 2017 11:16 AM To: Heskett, Thor` ; Zur eiae, fFo"rnas Subject: Debt Hello I found a debt on a license that was sent down. Licensee: True Colors Investments LLC Phone; 573-334-2939 MO; William Horman 573-270-0179 The debt is for $683.91 with Glazers and license number 223760 6 X'� t"i C/ Heslcett, Thor From: William Horman <whorman@hotmalI. om> Sent: Monday, November 06, 2017 5:11 PM To: Heskett, Thor Subject: Re: True color photos Hello, I thought They took care of this. Will get it taken care of and have glazier let you all know its been paid. Sent from Outlook From: Heskett, Thor <Thor.Hesl<ett@dps.mo.gov> Sent: Friday, N2yember 3, 20171:25 PM To: 'William Horman' Subject: RE: True color photos Hey Jefferson City just contacted me about a debt with Glazers for 683.917 This must be paid In order for things to move forward. Thanks, Thor Heskett Alcohol and Tobacco 314-877-0483 From; William Horman [mallto:whgLrrla ahotmail.eom,] Sent: Friday, October 27, 2017 9:57 PM To: Fleskett, Thor Subject: True color photos RONALD GARMS Attorney at Law P. O. Box 795 • Cape Girardeau, MO 63702 - 314.315.3131 • r.garmsgparmslaw.com June 2, 2018 Lt. Brad Smith CGPD 2530 Marie Louise Lane Cape Girardeau, MO 63701 RE: Renewal of Liquor License for River Valley Banquet Center Liquor License Application for I.P. Banquet Center, LLC Dear Lt. Smith: I represent the above -captioned entities in the appeal of the denial of their liquor licenses and Ricky Werner personally. We are informed that the sole basis for the denials is the findings of the Cape Girardeau Police Department supplied by you to the City Manager. Unfortunately, the information which you provided the City Manager and upon which he relied is not accurate. The criminal litigation which you specifically cited was in fact dismissed by the Cape Girardeau County Prosecuting Attorney. Prosecuting Attorney Aaron J. O'Brien determined that the allegations of fact made in the complaint could not be proved. Accordingly, he dismissed the case on May 11, 2017. However, Mr . O'Brien neglected to file with the court clerk the nolle prosequi correctly on that date. As you will note on the attachments to this letter, the notice of nolle prosequi and notice that the Prosecuting Attorney ceased prosecution of the case was not properly filed until May 31, 2018. The matter has now been removed from Casenet, and there is no longer any public record of the events. It has been dismissed and erased for failing to meet minimum prosecutorial standards. It in no way reflects poorly on Mr. Werner. With respect to the other matters you cited to the City Manager, the "evidence" is not credible. At best, the third hand information is rank hearsay and inadmissible. In this case, the incidents cited involve anonymous sources, which makes it additionally unreliable. Reliance by the City Manager on this type of evidence denies my client their due process rights under both the state and federal constitutions. In fact, the libelous information further opens the city and your department up for liability under 42 U.S.C. 1983 for deprivation of constitutional rights. Through governmental action, the City has now deprived Mr. Werner of his right to engage in his chosen livelihood and has interfered with his ability to enjoy his physical property, which may also .involve an involuntary condemnation, or taking of his property without due process of law. The facilities are of little use except for a bar or banquet center. It would seem that an experienced police officer would recognize anonymous "tips" result more likely from an angry minor who was denied admission to the establishment or from a disgruntled patron who was asked to leave than from truly informed, concerned citizens. They are also frequent tools of disgruntled employees. It is also no secret that the I.P. bar, which is the underlying source of the alleged problems, caters primarily to the gay population of southeast Missouri. There are several individuals and church groups who unlawfully disapprove of this type of establishment. I cannot be overlooked that the. anonymously reported "problems" could have simply been reported by these groups. The allegation of improper, obscene sex acts being performed on the premises should have been a red flag that someone was not being very logical in their reporting. The point is, you have no way of knowing if the reports are accurate or simply vindictive. Assuming you took them as authentic complaints, will you please detail what follow-up steps the CGPD took in response. Did the CGPD conduct any sort of on-site reviews or talk with anyone potentially involved or with purported knowledge of the alleged events? The CGPD could easily enter the business at any time during its operations and inspect for misconduct. Did the CGPD do this and if so, on what dates? What were its findings? It is my understanding that there have been undercover "sting" type of operations run against I.P. over the past few months. It is my further understanding that no citations were entered. It is this information I am seeking, and I am curious why it was deleted from the findings. If the CGPD has additional information of legitimate follow-up, I hereby request to be informed of same. Further, I ask that you also supply this information to the City Manager. In the absence of such additional information, I ask that you retract your previously inaccurate, defamatory "evidence" so that the City Manager can properly revise his decision and save the City and your department from becoming involved in significant federal court litigation. The true facts of this matter are quite simple. Ricky Werner operated the Independence Place bar for many years without incident. Approximately 4 years ago, he decided he would like to sell the business. In an attempt to acquire a buyer, he entered into several leases of the property. During the leasehold terms, Mr. Werner was merely a landlord and not responsible for any misconduct or poor management by his tenants. As the Prosecuting Attorney determined, there is no credible evidence that during these leasehold periods Ricky Werner ever operated the bar or served as its managing agent, and there has been no litigation of a dispute between Ricky Werner and any liquor distributor. Most importantly, the case involving the alleged purchase of liquor from a non -authorized supplier was improperly filed and could not be established by a preponderance of the evidence. Consequently, the case was dismissed in its entirety. That event speaks to the impropriety of making unsubstantiated claims rather than to any misconduct by Mr. Werner. If a malicious prosecution suit is necessary to establish this, so be it. You and the City Manager will be called as a witnesses. One way or another this injustice will be corrected. Please give this matter your immediate attention and advise me and the City Manager of the information I have requested. Nothing cited in your in your report to the City Manager concerning Ricky Werner disqualifies the business entites cited above from acquiring a City of Cape Girardeau liquor license ,and we will take whatever steps are necessary to establish this fact. Sincerely, Ronald Garms cc: Wes Blair Gayle Conrad RONALD GARMS Attorney at Law P. O. Box 795 • Cape Girardeau, MO 63702 • 314.315.3131 • r.garms@garmslaw.com June 2, 2018 Mr. Scott A. Meyer City Manager. City of Cape Girardeau 401 Independence Street Cape Girardeau, Missouri RE: Renewal of Liquor License for River Valley Banquet Center Liquor License Application for I.P. Banquet Center, LLC Dear Mr. Meyer: Please be informed that I represent the above -captioned entities in the appeal of their liquor license requests and also Mr. Rick Werner personally. As you will recall, you recently denied the above matters "based upon Section 5-33 of the City Code and findings of the Cape Girardeau Police Department." (Letter No. 18-57). Unfortunately, the information provided to you by the CGPD is: (1) inaccurate; (2) not creditable; and (3) incomplete. Accordingly, I am writing to request that you review this matter again in light of the improper findings and change you decision to an approval of both licenses. I also request that this be done in short order so that there is no period when the businesses are without a liquor license which would result in a disruption of their operations. If that is not feasible, I have asked the Liquor License Review Board to reconsider your actions. Should they uphold your decisions, I am authorized and funded to begin immediately an action against you and the City under 42 U.S.C. 1983 to invalidate the ordinance and to recover any damages incurred by the entities and Mr. Werner. One way or another, this injustice must be remedied. In short, Lt. Smith simply gave you incorrect information. In his findings, he cites a criminal case improperly filed against Mr. Werner, the managing agent of the businesses. That case was DISMISSED by Prosecuting Attorney Aaron J. O'Brien. At the time of the dismissal, Mr. O'Brien did not properly file the necessary paperwork with the court clerk. It was not until your letter was received that the matter was brought to his attention at which time on May 31, 2018, he filed a nolle prosequi and intent not to prosecute. The case alleged that Mr. Werner had failed to purchase liquor from an authorized wholesaler. It was filed on incorrect information, and the prosecutor determined upon review that it was without a basis in fact and not subject to credible proof. As part of the dismissal, the case has now been removed from Casenet and erased for failing to meet minimum prosecutorial standards. It in no way reflects poorly upon Mr. Werner, and can be made the subject of a malicious prosecution action to establish same if necessary. Lt. Smith and you would then be called as a witnesses. It should be noted that even at the time of the findings, the case was not final and should not have been considered by you. Not only was it not a "final matter," but it also had not been appealed. No judgment is final upon filing of a complaint. It must be the subject of a trial, and then an appeal of an adverse ruling in order for it be conclusive evidence of a crime. This was not the case here. The second problem with the findings, is the nature of the anonymous phone complaints cited. That is, quite simply, unreliable and inadmissible evidence. At best, it is based on third person hearsay and excludable. The information cited was based on anonymous sources which makes it even more unreliable. To consider this type of flimsy evidence is a denial of my clients' constitutional rights of due process and equal protection guaranteed by both the state and federal constitution which govern City actions. Furthermore, the City has now operated through governmental action to strip Mr. Werner of his his right to engage in his chosen livelihood and has interfered with his ability to enjoy his physical property. This may also give rise to an action for involuntary conversion, or taking, or the property without due process of law as the facilities are of little use except for a bar or banquet center. It would seem that an experienced police office and city manager would recognize that anonymous "tips" are inherently not subject to substantial proof on their own and are most likely retaliatory. It is logical to recognize that they are could easily result from a minor person who was denied access to the bar or from an unruly person who was asked to leave it. Moreover, they could be the result of disgruntled employee. Without more information and investigation, you have no way of knowing if the reports are accurate or simply vindictive (or crazy). It cannot be overlooked that the Independence Place Bar, which is the underlying source of the improperly alleged incidents, caters primarily to the gay population of southeast Missouri. There are several local individuals and church groups which unlawfully disapprove of such lawful activity. The anonymously reported "problems" also could have been reported by these groups. The allegations that improper, obscene sex acts where being performed in the open areas of the premises should have been a red flag that someone was not being very logical or truthful in their reporting. Such false allegations are simply indecent and should carry no credence absent absolute proof by experienced government professionals. The third problem with the findings is they are incomplete. While the anonymous "tips" are not evidence in themselves, they could present probable cause for further investigation and perhaps even confirmation. But, there is no evidence included in the findings that such follow- up activity occurred. That is telling evidence of how much credibility Lt. Smith actually placed on the allegations. If he, in fact, found them credible, he was duty bound to investigate. The CGPD may enter the premises at any time and inspect for misconduct. Did the CGPD do this, and if so on what dates and times? What were the findings. With respect to the possibility that the bar had a habit of serving minors, I am informed that there have been several undercover "sting" type of operations conducted on the premises over the past few months. It is my further understanding that absolutely no citations were entered. Why did Lt. Smith delete this information in his findings? Assuming arguendo that all of the outrageous allegations were true, which they are not, they are not chargeable to Mr. Werner on whose conduct your decision necessarily turned. Just as with the maliciously filed criminal case which was dismissed proves, there is no substantiating evidence available that Mr. Werner was operating the bar during the time frame identified. To the contrary, Mr. Werner decided approximately four years ago that he wished to sell the I.P. bar business. In an attempt to facilitate a sale, he entered into several leases of the property. During the leasehold terms, Mr. Werner was merely a landlord. In his capacity as landlord, he was not responsible for any poor management by his tenants. With respect to the allegation that Mr. Werner had a dispute with a liquor distributor, that is not damning even if it is true. Having been an attorney for 35 years, I have seen many instances where a bar disputes the delivery count of the wholesaler, the carrying charges, the amount of breakage or spoilage of orders, etc. Mr. Werner has certainly never been involved in litigation involving the bar business with any wholesaler. This allegation is simply false and libelous. The fourth problem with the findings is it fails to recognize that Mr. Werner is seeking a RENEWAL of his liquor license for River Valley Banquet Center, In other words, Mr. Werner already has a license and held one during the time the reported (anonymously) incidents occurred. And, the CGPD did nothing to forward this information to your office for action at that time. How credible does that make them? Therefore, Mr. Werner was not the managing agent of the Independence Place bar during the time of any of the alleged incidents even if they were true. He already had a liquor license in his name for the River Valley Banquet Center during the same period of the alleged instances at the other location, but nothing at the time disturbed Lt. Smith sufficiently to report same. One element of proper governmental action is that is cannot be arbitrary and capricious. In other words, it cannot depend on "how the wind is blowing" on a certain day. If Mr. Werner were chargeable with the misconduct alleged, again assuming any of it is true, then for a year it was not a problem for the City. It only became a problem recently. This makes your denial decision a classic example of prohibited, arbitrary and capricious behavior. As I have highlighted in communications with the City on other matters recently, not all ordinances are enforceable. That is certainly true with respect to Section 5-33 of the City Code. Although it looks like an ordinance, being properly worded and formatted, it is not an enforceable one. Although it was likely properly advertised, considered, and voted on by the City Counsel, those actions will not save it. An example I cited before is the flag -burning ordinance the City passed a few years ago. It too was advertised, considered, voted on, typed up nice and pretty, and properly formatted. However, when it was attempted to be enforced, the City was assessed more than one hundred thousand dollars ($100,000) in legal fees and damages by a federal court. Another example was the excessive speech ordinance. When a police officer tried to enforce that against an angry driver, it was struck, down under the First Amendment of the U.S. Constitution. The deficiency of the liquor license revocation and denial ordinance, including its "appeal" process is that if will not pass muster under the due process clauses of either the Missouri or the U.S. constitutions. To the contrary, it fails miserably. It simply operates to deny a person or business of their livelihoods without a sufficient opportunity for a true, meaningful hearing. I have no problem that the City Manager may make an initial administrative determination. The problems arise when it is referred to the Liquor License Review Board. First, the Board is chaired by a staff member who reports to the City Manager. That is like making appellate judges answerable to the trial judges they police in order to maintain continued employment or benefits. I have no reason to doubt that Ms. Conrad is a nice person and most likely inherently fair. The appeal apparatus under which she is charged, however, is fatally flawed by design. Second, there is no express provision that a review by the Board is a de novo review. In other words, there is no express provision that the Board is to view a decision by the City Manager, fresh, ab initio. There is no express recognition that on "appeal" the City Manager's decision is to be given no deference. Third, there are no express or incorporated rules of procedure which guarantee that witnesses may be presented and called to testify. Fourth, there are no express or incorporated rules of procedure which guarantee that evidence can be formally discovered and recalcitrant witnesses subpoenaed to testify. Fifth, there are no rules of evidence stated or incorporated which govern the inadmissibility of items such as hearsay evidence. If you want to see what an appeal system which passes minimal muster under the constitutions looks like, check the de novo appeal process from Missouri Small Claims Court. How the city ended up with an unenforceable liquor ordinance is question you will have to answer. I believe you were in office at the time of its passage and have certainly operated under it for years. It has long been my belief that the city attorney for Cape Girardeau lacks adequate knowledge of constitutional law. It has shown up in the "grandfathering," or lack thereof, of building permits and several similar areas. Without adequate guidance from its legal department, it is no wonder that the City has ended up in this situation. The city attorney, however, works for you. In closing, I have requested that you revisit the findings upon which your earlier decision is predicated. In view of the incorrect, unreliable, and incomplete evidence provided you by the CGPD, I ask that you reverse your earlier decision at your first opportunity. Again, if you do not act quickly, the licenses in place for the establishments will terminate before new ones are put into place. In that event, any damages due to "down time" are solely chargeable to the city. If you rely on the true facts of this matter, your choice of action should be simple. 1. Ricky Werner operated the Independence Place bar for many years without any citations of misconduct. 2. Approximately 4 years ago, he decided to lease the premises. During the leasehold periods, he is not responsible for any poor management engaged in by his tenants as he was neither an owner nor managing agent of the business. They City determined these tenants were qualified for their licenses. 3. Anonymous "tips" may form the basis for further inquiry, but in and of themselves do not constitute admissible evidence impacting a licensure decision. 4. Even if the anonymous "tips" taken as fact, the conduct is not chargeable to Ricky Werner. 5. The I.P. bar has been the target of "sting" operations but without result. No violations were found to have occurred. 6. The previously filed action cited was dismissed by the Prosecuting Attorney for failing to meet minimum prosecutorial standatds and cannot be considered. 7. Ricky Werner has no criminal background. 8. Ricky Werner is of good moral character. He pays his taxes and does not do drugs. 9. Ricky Werner is entitled to have the liquor license applications he has filed granted with him to serve as the managing agent of the entities involved. 10. Nothing in the findings submitted to the City Manager by the CGPD disqualifies Ricky Werner and his business enterprises from acquiring a City of Cape Girardeau liquor license. 11. All aspect of the businesses passed all inspections mandated by the City. May I please hear from you shortly? Sincerely, sl Ronald Garms5