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HomeMy WebLinkAbout312_Ch 2 Article 3_ Regulations of Liquors and Oprations of Private Club Hours05521 BOOK 4577 PAGE 1025 CITY OF OWASSO, OKLAHOMA STATE OF OKLAHOMA TULSA COUNTY FILED OR RECORDED 1981 OCT 28 PM 3:17 ANITA NESBITT COUNTY CLERK ORDINANCE NO. 312 COUNTY CLERK AN ORDINANCE REPEALING SUBSECTIONS (4) AND (5), OF CHAPTER 2, ARTICLE 3, SECTION 2-48, RELATING TO REGULATIONS OF INTOXICATING LIQUORS AND OPER- ATION OF PRIVATE CLUBS DURING CERTAIN HOURS, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, That subsections (4) and (5) of Chapter 2, Article 3, Section 2-48, of the Owasso City Code be and the same are hereby repealed. SECTION 1. It shall be unlawful for any private club to be open between the hours of 2:00 a.m. and 6:00 a.m. Any person who is convicted of violating the provisions of this section shall be guilty of a misdeameanor. For purposes of this section, "private club" means any person, firm, corporation or association that furnishes, for the use of its members, any premises or place where such members may engage in the consumption of alcoholic beverages either for a fee, or for any other considerations, including the sale of food, mixers, ice or anv other fluids for use or consumption with alcoholic beverages or wherein the space for storage of alcoholic beverages is furnished. The term "private club" shall include key clubs, bottle clubs, locker clubs, pool clubs, country clubs, business clubs, social clubs or any other kind of club or association which excludes the general public from its premises or place of meeting or congregating and which exercises control over any place where persons are permitted to consume alcoholic beverages other than in a private home. This section does not repeal section 2 -37 of Article 3 but is complimentary thereto. SECTION 2. Section 1 of this Ordinance shall be codified in the Owasso City Code as Subsection (4) and (5) of Chapter 2, Article 3, Section 2 -48, unless there is created a duplication in numbering. That an emergency is hereby declared to exist for the preservation of the public peace, health and safety, by reason whereof this Ordinance shall take effect immediately from and after its passage and approval. BOOK 4577 PAGE 1026 PASSED and the emergency clause ruled upon separately and approved this 20th day of October, 1981. LYLE WASSERMAN, Mayor City of Owasso, Oklahoma (SEAL) ATTEST: City Clerk APPROVED: Harold Charney City Attorney Affidavit Of Publication STATE OF OKLAHOMA, TULSA COUNTY, ss: Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is publisher of the OWASSO REPORTER a weekly newspaper printed in the City of Tulsa County, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto, was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the following dates: Subscribed and sworn to before me this day of Notary Public My commission expires: PUBLISHER'S FEE $47.12 Legal Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, Thursday, October 22, 1981. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 312 AN ORDINANCE REPEALING SUBSECTIONS (4) and (5), OF 'CHAPTER 2, ARTICLE 3, SECTION 2-48, RELATING TO REGULATIONS OF INTOXICATING LIQUORS, AND OPERATION OF PRIVATE CLUBS DURING CERTAIN HOURS, REPEALING ALL OR- DINANCES INCONFLICT HEREWITH AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, - That subsections (4) and (5) of Chapter 2, Article 3, Section 2 -48, of the Owasso City Code be and same are hereby repealed. Section 1. It shall be unlawful for any private club to he open between the hours of 2:00 a.m. and 6:00 a.m. Any person who is convicted of violating the provisions of this section shall be guilty of a misdeameanor. For purposes of this section, "private club" means any person, firm, corporation or association that furnishes, for the use of its members, any permises or place where such members may engage in the comsumption of alcoholic beverages either for a fee, or for any other considerations, including the sale of food, mixers, ice or any other fluids fbr use or consumption with alcoholic beverages or wherein the space for storage of alcoholic beverages is furnished. The term "private club" shall include key clubs, bottle clubs, locker clubs, pool clubs, country clubs, business clubs, social clubs or any other kind of club or associatton which excludes the general public from its premises or place of meeting or congregating and which exercises control over any place where persons are permitted to consume alcoholic beverages other than in a private home. This secion does not repeal secion 2 -37 of Article 3 but is complimentary thereto. SECTION 2. Section 1 of this Ordinance shall be codified in the Owasso City Code as Subsection (4) and (5) of Chapter 2, Article 3, Section 2118, unless there'is created a duplication in numbering. That an emergency is hereby declared to exist for the preservation of the public peace, health and safety, by reason whereof this Ordinance shall take effect immediately from and after its passage and approval. PASSED and the emergency clause ruled upon separately 'and approved this 20th day of October, 1961. (SEAL) ATTEST: City Clerk APPROVED: Harold Charney, City Attorney Lyle Wasserman, Mayor City of Owasso, Oklahoma 207 SOUTH CEDAR PHONE 272.2251 October 16, 1981 TO: Mayor Wasserman and City Council FROM: Kenneth Thompson SUBJECT: Private Club Hours of Operation OWASSO, OKLAHOMA 74055 It is my understanding the City Attorney will have an ordinance for Council consideration which will set the hours of operation the same as the State statutes. I understand the State statutes require private clubs to be closed between the h9uxs of 2 a.m. to 6 a.m., 7 days a week. KHT:meg Sept 30, 1981 Mr. Ken Thompson City Manager City of Owasso, Okla Dear sir, Pease be advised by this letter that i would like to be placed on the next agenda of the city council, for consideration of waiting the present private club hours to conform with new state statutes which go into effect in november of this year, also we would like consideration on the removal of the no parking signs in front of and across the street from our establishment. stardust club yours truly charles norton 207 SOUTH CEDAR PHONE 272 -2251 October 1, 1981 City of Owasso TO: Mayor Spencer and City Council FROM: Kenneth Thompson 0 SUBJECT: Private Club Hours Operation OWASSO, OKLAHOMA 74055 Mr. Charles Norton has written a letter requesting that he be placed on the agenda to ask that the hours of operation of private clubs in the City of Owasso be changed to comply with the new State laws that went into effect October 1, 1981. The State law allows private clubs to be open seven days a week except from the hours of 2 a.m. to 6 a.m. KHT:meg 207 SOUTH CEDAR PHONE 272 -2251 City of Owasso October 1, 1981 TO: Mayor Spencer and City Council FROM: Kenneth Thompson SUBJECT: Private Club Hours OWASSO, OKLAHOMA 74055 At a recent Council meeting, the City Council authorized changing the hours of operation of private clubs from Midnight to 2 A.M. on New Year's Eve. Signing this Ordinance will make this change official. KHT:meg 207 SOUTH CEDAR PHONE 272 -2251 City of Owasso August 28, 1981 TO: Mayor Spencer and City Council FROM: Kenneth ThompsonVj-,V, SUBJECT: Hours of Operation for Private Clubs OWASSO, OKLAHOMA 74055 I am enclosing a letter from Attorney Paul Garrison on behalf of Charles Norton, the owner of the Stardust Club in Owasso, requesting the extension of the number of hours a private club can be open in the City. It would appear that the hours requested are reasonable with the exception of New Year's and Christmas Eve. If you extend the hours, I would recommend that you not extend beyond the 1 A.M. weekdays and 2 A.M. Friday and Saturday nights as requested in the letter. KHT:meg PAUL E. GARRISON JON S. COMSTOCK ALAN STANGELAND(ASSOC.) GEORGE R. RHOADS (ASSOC.) City Manager City of Owasso Owasso, Oklahoma Dear Sir: GARRISON & COMSTOCK, INC. ATTORNEYS AND COUNSELORS AT LAW 1610 E. 15L STREET TULSA, OKLAHOMA 74104 August 25, 1981 Re: Stardust Club NOTE NEW ADDRESS: 1509 S. Victor Tulsa, OK 74104 TELEPHONE (919) 744 -5757 On behalf of Charles D. Norton, licensee of the aforesaid private club, we will appreciate it if you will present to the City Council this letter as a request for waiver of the closing time imposed by section 2 -37 et. seq. regulating private club operations within the City of Owasso, Oklahoma so as to permit Mr. Norton to keep his club open until 2:00 a.m. on Friday and Saturday night and until 1:00 a.m. on weekdays. Additionally, he would like a waiver of the closing time on New Years and Christmas Eve to 3:,00 a.m. Mr. Norton feels that the above hours would benefit him economically and would not be inconsistent with the objectives of'the City of Owasso to maintain public health and welfare. Thank you. Very truly yours, GARRISON A COMSTO E. Garfrison,. Attorney PEG:kap City of Owasso August 21, 1981 Mr. Charles Norton Post Office Box 465 Owasso, Oklahoma 74055 Dear Mr. Norton: Re: Private Club Application I am writing in reference to your application to the City of Owasso for a private club license for the Star dust Club at 11510 East 83rd Street North, Owasso, Oklahoma. It is my decision to authorize the issuance of a Class B Private Club Licnese to you for the above address. As you are aware, I have a written recommendation from the Acting Police Chief, Police commander Louis W. Downing, to deny the application. He is basing his recommendation of his investivagation of your past police records which covered a period from 1953 to 1963. The only conviction on your record that we were able to ascertain was for a misdemeanor liquor violation in the city of Tulsa February 8, 1963. I am hereby placing you on notice that your activities in the Star Dust Club will be monitored closely by the Owasso Police Department. any violations of State Statues or City ordinances relating to the private club activities will result in an immediate recommendation for suspension of your Class B Private club License as outlined in Section 2-50 of the Owasso City code. Sincerly, Kenneth H. thompson City Manager Kenneth Thompson City Manager City of Owasso Hity Hall Owasso, Oklahoma August 20, 1981 74055 Re: Application of Charles Norton and Giner Ellis Norton for private club license Dear Mr. Thompson: I have reviewed the determination by the Police Commander wherein he suggest denial of a private club license to Charles Norton by reason of past misdemenor involvements and /or conviction. My review of Mr. Norton's record leads me to conclude that we cannot as a matter of law declare him to be of such character based upon his past record that would disqualify him from being granted a license. Section 2 -39(8) of the City Code states in effect that a "fair" determination of moral qualifications is the deter- mining factor. As a matter of law, I feel that there is nothing to show an immoral character that would warrant denial of a license. Very Trully yours Harold Charney HC /bb 207 SOUTH CEDAR PHONE 272 -2251 To: Ken Thompson, City Manager August 16, 1981 FROM: Louis N. Downing, Police Commander OWASSO, OKLAHOMA 79055 SUBJECT: Application o£.Charles David Norton and Virginia Lee Ellis Norton for Private Club License. Pursuant to Sec 2 -40 of the Duasso City Code, I have conducted an investigation as to the fitness and qualifications of the applicants to aid you in determining whether or not to grant the application and issue the license. Applicant Charles David Norton's activities have come under the scrutiny of lair enforcement agencies several times in the past. Below is as complete a list of criminal activity as I have been able to obtain. Date Aug. 14, 1953 July 7, 1961 Sept. 20, 1961 Feb. '8, 1963 Charge Court Diso. Contributing to Delinquency of Minor Muskogee Co. Unk. Knowingly Receiving Stolen Property Tulsa Co. Unk. Larceny of an Auto Tulsa Co. Dismissed Liquor Violation Tulsa Municipal Convicted Applicant Norton has also been the subject of an inquiry from the Police Department in Las Vegas, Nevada. This was conducted,September 21, 1961. On October 21, 1975, Norton applied for a private club license in the City of Tulsa. This application was denied, possibly due to his past record (which does include a liquor violation conviction.) I confronted Mr. Norton with this information and he stated that his appli- cation was denied because "Jack Purdie didn't like me." Mr. Norton hastened to point out that he has never been convicted of a felony, which, as far as I car. determine is true. Page The manner in which Mr. Norton has gone about applying for the license he seeks also seems strange to me. He advertised in the Owasso Retorter on ,'tug. 13 that the club would be open Aug. 14 and advised customers to "bring your own liquor." This was before he even apnlicd for the license'. In a conversation with myself and Chief Ed Reyes on tug. 13, 19-61, Mr. Norton was advised of the state laws and municipal ordinances which cover private clubs and public places, and that alcohol may not be consumed in a public place. During this same conversation, Mr. Norton. stated to me that he had lived in Owasso for 20 years and the city needs this type of club. In conducting this investigation, I have not been able to determine if in fact he has ever lived in Owasso. The addresses that turn up in his criminal history have been 152 N. Delaware and 1019 N. Iriri.ngton, both in Tulsa. He does shorn an Owasso ;post office boy. as his mailing address. He did admit to me that he is currently living in Sapulpa with his co- applicant, Virginia Lee Ellis, at 217 W. Cleveland. Several of his statements have been inconsistent with the facts. In accordance with Sec. 2 -41, the "proposed operators, partners or managers are of good moral character:'! In my estimation, Mr. Norton does not qualify on the basis of his numerous arrests, his conviction of liquor violations, and his denial of a previous private club license in the city of Tulsa. In fact, city ordinance provide that members of .club must be 1121 years of age, mentally compe- tent, and of good moral turpitude." Mr. Norton might not even qualify as a mem- ber of the club he proposes to operate. In regards to the co-applicant, Virginia Lee Ellis, common la *,a •rife of Charles David Norton, she has no identifiable criminal 'history. She has been an employee of the Bank of Oklahoma since January 22, 1976. She may qualify for the license on her own merits. Due to the fact that this is a joint application, I request that this license be denied due to Mr. Norton's criminal history. I£ Mrs. Ellis (Norton) chooses to apply for a license on her own, I can see no reason to deny her request, but I would ask that both the City Attorney and the City Prosecutor render opinions on having her sign an agreement that Charles David Norton have no connection with the club whatsoever; and that he should never be allowed on the premises due to the requirements of the city ordinance requiring the manager, owner, operator, or partners be of good moral character. It is a fairly common practice among club operators to allow a "front person's" name to be on the license. This person is usually free of a criminal history, but the club is actually run by a person of lesser character. Owasso is free of any.taint in this regard and our unsullied reputation must be jealously guarded. Respectfully submitted, Louis W. Downing, Commander Police Division Owasso Department of Public Safety LiD /ecr APPLICATION FOR CLASS B PRIVATE CLUB LICENSE Date: August 13, 1981 Address of Club: 11510 E. 83rd Street North, Owasso, Oklahoma Applicant and Co- Owner: Charles David Norton Date of Birth: 2/16/35 DL & Social Security: 446 -28 -7751 Address: 217 West Cleveland, Sapulpa, 2 Years Other Co- Owner: Virginia Lee Ellis Norton Applicant's Present Employer: Self- Employeed 20 Years Norton Construction Box 465 Owasso, Oklahoma Applicant's Previous Employment: List and Clark Construction Keystone Dam Project (20 years ago) In regard to facts of membership requirements members must be 21 years of age, mentally competent and of good moral turpitude. Application taken by: Wauhilleau Webb, City Clerk APPLICATION FOR CLASS B PRIVATE CLUB LICENSE Date: August 13, 1981 Address of Club: 11510 E. 83rd Street North, Owasso, Oklahoma Applicant and Co- Owner: Virginia Lee Ellis Norton Maiden Name: Sutton Date of Birth: 9/24/36 DL No.; 002243544 Social Security Number: 253 -48 -5130 Address: 217 West Cleveland, Sapulpa, 20 Years Other Co- Owner: Charles Norton Applicants Present Employer: Bank of Oklahoma No. 1 Williams Center Post Office Box 2300 Tulsa, Oklahoma Employed 51, Years Applicants Previous Employment; Memorial Hospital Waycross, Georgia 7 Years (20 Years Ago) Applicant is not a resident of Owasso but has been a resident of the State of Oklahoma for twenty years. In regard to facts of membership requirements members must be 21 years of age, mentally competent and of , ooid, moral turpitude. Sig ture o Applicant $25.00 application fee paid: Application taken by, Wauhilleau Webb, City Clerk BOY0 S. PARKS RONALD 0. CATES 918/562-3222 June 4, 1982 Ms. Marla Myers Assistant City Clerk City Hall 207 South Cedar Owasso, Oklahoma 74055 RE: Ordinance 314, Amended Dear Ms. Myers: Please find enclosed a copy of the above referenced ordinance. I would like to request that same be placed.on the agenda for the City Council's consideration at their next meeting. Thank you for your assistance in this matter. Enclosure Very BOYD & PA Rona . Cates Owasso City Attorney ATTORNEYS AND COUNSELORS AT LAW JOHN L. BOYD ED PARKS SUITE 500 GRANT50N BUILDING OF COUNSEL GEORGE G. HOOPER III WEST FIFTH STREET JOHN F. CURRAN ROBERT J. NICHOLS RODNEY L. BUCK TULSA, OKLAHOMA 74103 RONALD 0. CATES 918/562-3222 June 4, 1982 Ms. Marla Myers Assistant City Clerk City Hall 207 South Cedar Owasso, Oklahoma 74055 RE: Ordinance 314, Amended Dear Ms. Myers: Please find enclosed a copy of the above referenced ordinance. I would like to request that same be placed.on the agenda for the City Council's consideration at their next meeting. Thank you for your assistance in this matter. Enclosure Very BOYD & PA Rona . Cates Owasso City Attorney