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HomeMy WebLinkAboutResolution 1270 OLU ox X0.12 A Re?olu .on xES WHEREAS, on August 31, 1987, Thomas R. Windham, Chief of Police, held a hearing concerning cancellation of the dance hall license of the Ocean Clu b, 6500 Camp Bowie Boulevard, Fort Worth, Texas; and WHEREAS, Chief Windham determined that cause existed for can- cellation of such dance hall license and revoked the license; and WHEREAS, Section 20-71 of the Fort Worth City Code provides that a licensee whose dance hall license has been cancelled may appeal such cancellation to the City Council; and WHEREAS, Section 20-71 further provides that when such an appeal is taken, then the City Council shall conduct a hearing on such cancellation and may cancel such license for any of the causes so shown, which action shall become final; and WHEREAS, the Ocean Club has given notice of appeal to the City Council concerning cancellation of its dance hall license; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1. That Daniel Hollifield, Attorney at Law is hereby ap- pointed as a hearing officer, with power to compel witnesses to appear before him at such times and places as he may direct, for the purpose of hearing testimony under the oath and receiving evidence on behalf of the City Council concerning whether the operators of the Ocean Club, 6500 Camp Bowie Boulevard, Fort worth, Texas, have engaged in conduct which constitutes cause for cancellation of the Ocean Club's dance hall license as provided in Section 20-71 of the Fort Worth City Code. 2. That the said hearing officer is hereby directed to have such testimony and evidence transcribed and reduced to writing by a court reporter and to file a copy of such transcript with the City Secretary of the City of Fort Worth not later than November 12, 1987. 3. That the said hearing officer shall have the power to make rulings concerning the relevancy and admissibility of the evidence and testimony presented to and heard by him, however, he is not required to make any recommendation to the City Council concerning whether the Ocean Club's dance hall license should be cancelled or suspended. RESOLUTION "B" CITY OF FORT WOR= -2- 4, That the transcript of the testimony and evidence pre- sented to the hearing officer shall form the basis for a hearing to be held before the City Council at 10:00 a.m. on November 17, 1987, in the City Council Chambers, Fort Worth Municipal Building, 1000 Throckmorton, Fort Worth, Texas, concerning whether cause exists for cancellation of the dance hall license of the Ocean Club, 6500 Camp Bowie Boulevard, Fort Worth, Texas-i.e. whether the licensee has violated any of the terms of Chapter 20, Division 4, "Dance Halls," Fort Worth City Code, or other ordinances of the City or laws of the state 5. That no evidence or testimony shall be presented at such hearing before the City Council other than the aforesaid transcript, however, the City staff and representatives of the Ocean Club shall be entitled to present oral and written arguments to the Council concerning whether the testimony and evidence in the transcript establish cause for cancellation or suspension of the license. 6. That upon conclusion of such hearing, the City Council shall, based upon the evidence, determine whether cause exists and whether such license should remain in effect, be suspended or can- celled. 7. That the City Secretary shall notify the Ocean Club of such hearing and the procedures established by this Resolution by sending copies of this Resolution by certified mail, return receipt requested, to the following parties: Mr. Nick Makrides, Ocean Club, 6500 Camp Bowie Boulevard, Fort Worth, Texas 76116; Mr. Dennis Mouzakis, Ocean Club, 6500 Camp Bowie Boulevard, Fort Worth, Texas 76116; Mr. A. Gary Thompson, Attorney at Law, 1300 Continental Plaza, Fort Worth, Texas 76102. ADOPTED this day of October, 1987. APPROVED BY CITY COUNCIL. OCT 13 1987 ?4. City Secretary of the City of Fort Worth, Texas OF FORT WORT