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HomeMy WebLinkAbout3928 RESOLUTION NO. 3928 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS CONCERNING AND REVOKING THE PERMIT TO OI~RATE A BOWLING ALLEY AT 1020 SOUTH BALDWIN AVENUE IN SAID CITY. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That by written application dated December 29, 1966, Bowling Square, Inc., by J. E. Vander Meulen as President, applied to the City of Arcadia for renewal of its permit to operate a 40-lane bowling alley at 1020 South Baldwin Avenue, Arcadia, California. That a t a regular meeting held January 17, 1967, the Ci ty Council of the City of Arcadia granted the application.for the renewal of said permit upon the condition that no alcoholic beverages, other than beer, be permitted to be sold, served, consumed, or possessed on the concourse, in the spec- tator section, or in the area used for bowling itself. That on January 19, 1967, the City Clerk of the City of Arcadia in writing advised Mr. J. Edward Vander Meulen and Bowling Square, Inc., that the Arcadia City Council had approved said application, setting forth the aforesaid con- ditions upon which such renewal was made. That J. E. Vander Meulen, President of Bowling Square, Inc., in writing acknowledged receipt of said notice. SECTION 2. That at an adjourned regular meeting held February 13, 1967, this City Council received and ordered filed four (4) reports made by four (4) members of the Arcadia Police Department, which reports indicated that on four (4) separate occasions on February 9, 10, 11 and 12, 196& alcoholic beverages, other than beer, were sold and served at Bowling Square, Inc., 1020 South Ba.ldwin Avenue, Arcadia, California, contrary to the aforesaid conditions of the permit to conduct a bowling alley at said location. That at said adjourned regular meeting on February 13, -1- 3928 1967, the City Council fixed Tuesday, February 21, 1967 at 8 o'clock p.m. in the Council Chaniller of the City Hall, 240 W. Huntington Drive, Arcadia, California, as the date, hour and place of a public hearing to receive evidence, consider and make determinations concerning the revocation, sus- pension or modification of the permit to conduct a bowling alley at 1020 South Baldwin Avenue; that the owners and operators of Bowling Square, 1020 S. Baldwin Avenue, be ordered to appear before the City Council on said date to show cause why its business permit should not be either re- voked, modified or suspended, pursuant to Section 6314 et seq., of the Arcadia Municipal Code. That pursuant thereto the City Clerk caused notice of the time and place and purpose of said hearing to be mailed to Bowling Square, Inc., and to J. E. Vander Meulen, Richard Cole, William Leroy Stemphe, and Richard Goldstein, the officers and manager of Bowling Square, Inc. SECTION 3. That pursuant to the aforesaid order and notice, on February 21, 1967, at 8 o'clock p.m. in the Council Chamber of the Arcadia City Hall, 240 W. Huntington Drive, Arcadia, California, this City Council received sworn testimony that on February 9, 10, 11 and 12, 1967, and that on each of said dates, alcoholic beverages, other than beer, were sold and served in the spectator 'section at Bowling Square,. Inc., located at 1020 South Baldwin Avenue in the City of Arcadia, Cali- fornia, contrary to the conditions on which the aforesaid permit to con- duct a bowling alley at Baid location was renewed. That the sale and serving of alcoholic beverages, other than beer, at said timeB and loca- tion was done in the presence of, with the knowledge of, or with the approval of one or more of the aforesaid officers and manager of Bowling Square, Inc. That at said public hearing held February 21, 1967, all persons present were given full opportunity to be heard and to present testimony. That throughout said hearing, J. Edward Vander Meulen, Presi- dent of Bowling Square, Inc., was present and throughout said hearing, -2- 3928 Jerome E. StevenBon was present. That after the presentation of testi- mony by four (4) melnbers of the Arcadia Police Department as aforesaid, said Jerome E. Stevenson addressed the City Council, averred that he was there as attorney for Bowling Square, Inc., and requested that the hearing be continued to enable him to prepare and submit testimony on behalf of Bowling Square, Inc., and the officers thereof. That the City Council did thereupon continue the public hearing on said matter to Feb- ruary 28, 1967 at 7 o'clock p.m. in the said Council Chamber of the Arcadia City Hall. That on February 28, 1967, at 7 o'clock p.m., the said Jerome E. Stevenson addressed the Arcadia City Council on behalf of Bowling Square, Inc. and the officerB thereof but neither offered nor adduced any further testimony. SECTION 4. That each of the recitals in the foregoing Sections is true. That on February 9, 10, 11 and 12, 1967, alcoholic beverages, other than beer, were sold and served in the spectator section of Bowl- ing Square, Inc., contrary to the conditions upon which the permit to operate said bowling alley was approved by this City Council. That such selling and serving of alcoholic beverages, other than beer, were in each instance done with the knowledge of one or more of the officers or manager of Bowling Square, Inc., and were in each instance done with the specific authorization or tacit approval of one or more of the offi- cers or manager of said Bowling Square, Inc. That the selling and serv- ing of alcoholic beverageB, other than beer, as aforesaid in each in- stance contrary to the conditions upon which the permit to conduct a bowling alley at 1020 South Baldwin Avenue in said City was approved and was in each instance contrary to and in violation of Section 6312.5 of the Arcadia Municipal Code. That the business of said bowling alley has been conducted in an illegal manner. That the business of said bowl- fng alley has been conducted in an improper manner. That the City Coun- cil of the City of Arcadia has heretofore determined that the public -3- 3928 health, safety, morals, peace or welfare require the regulation of the business of bowling alleYB and the imposition upon such business of the condition that no alcoholic beverages, other than beer, be permitted to be sold, served, consumed or possessed on the concourse, in the spectator section, or in the area used for bowling itself. That the conduct of the business of said bowling alley has, and if permitted to continue, will further endanger or jeopardize the public morals, peace and welfare. SECTION 5. That the permit heretofore authorized by this City Council to conduct a bowling alley under the name of Bowling Square, Inc., at 1020 South Baldwi.n Avenue in the City of Arcadia, is hereby revoked, and from and after the adoption of this resolution, the permit hereto- fore authorized shall be of no further force and effect. That the con- duct of a bowling alley at 1020 South Baldwin Avenue in the City of Arcadia from and after the adoption of this resolution shall be illegal and con- trary to the provisions of the Arcadia Municipal Code. SECTION 6. That the application for and approval of a permit to conduct a bowling alley, the conditions imposed upon such permit, the giving of notice, the holding of a public hearing, the receipt of testi- mony and the revocation of aforesaid permit have all been done, given, performed and conducted in accordance with, under authority of, and by virtue of the provieions of Article VI of the Arcadia Municipal Code. SECTION 7. The City Clerk shall certify to the adoption of this resolution and shall cause a certified copy hereof to be mailed to Bowling Square, Inc. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Arcadia held on the 7th day of March, 1967, by the affirmative vote of at leaBt three Councilmen, to wit: -4- 3928 AYES: Councilman Arth, Butterworth, Hage and Forman NOES: None ABSENT: Councilman Considine ~d~~~mu~ Ci ty C erk or the Ci ty 0 Arcadia SIGNED AND APPROVED this ATTEST: &td-~ ~ City Clerk (SEAL) -5- 3928