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HomeMy WebLinkAboutLegal DocumentD t ~/ _ __ _ a . When was the report made.? . Was the report made as a ;part of of the regular practice of the Bulding~epartment/Planning Division? Was the report kept. in the course Of a regularly conducted busing s activity? ` Your Honor, we move that Plaintiff's Exhibit #1 for identification be admitted in evidence as Plaintiff's Exhibit #1. ~, Have exhibit ~aarked in evidence. '~ Please explain the C.Oy Why does the ~use~ have an N.A. typed beside it? Give ev ,#1 tO Judge, Please explain what you remember about RM's application for a c. o. . Y . For what use did RM say SSBar was to be used? So the City is ued the Co. based on RM's assertions that SSBar would be operated as a restaurant? When did Sneakers open? w was SSBar a grated. ed ho After the C.o. was abtaln p Did RM comply with the C.O. for Sneakers? Has he to phis day complied with his C.O.? Why does it matter if he :did not comply..? [Result of not complying with C.O,=insufficient parking. What is result of his not complying with C.O.? 1 ~ HOw can ou tell accordin to the Cs Ord.s if SSBar is~a bar or Y g nights ub? ' Why don't the ord.s define baror nightclub? * Judicial Notice--Websters & Black's. Definition of bar. Has ~tNI -ever told you he was operating . a bar? In your opinion, -is SSBar a bar or nightclub? Duck quote. I'd bike to ask you some questions now .about. the parking at ~~ sneakers. What kind of problems :generally exist in' s nations of ~ . insuf ficient_ parking? Report on square footage. M Reporter, please mark this Plaintiff's Exhibit #2' for identification. YOUr Honor, 'may the record reflectthat I am now showing John Hawtre~y'Plaintiff's Exhibit #2 for identification, Mr. Callaway, I am.handing you Plaintiff's Exhibit #2 for . identification. Do you recoginze this? What is i 'i Are-you the custodian or other qualified witness of the report? ,i Was the report made by-a person with knowledge of the facts or was it made from information transimtted-by a person with knowledge of the facts _6- i _ ~' r When was the record made? Was the record.. made as a part of of the regular practice of the Building :Department/Planning Division? Was the record kept in the course of a regularlycanducted busne s activ'ty._ `Your Honor, we move that Plaintiff's Exhibit #2 for identification be admitted in.evidence as Plaintiff's Exhibit #2. Have exhibit marked in :evidence. How much square feet does Sneakers have, as indicated on the report? With regard t© SSBar, do any parking problems exist? What kind of problems exist in terms of insufficient parking? 'a Has RM ever told you he needs mare parking. When RM applied for his C.O. haw many parking spaces did the Cty~tell him he need? Why? co structed. as n How much parking w What ordinances has RM violated? 1. ord. Na. 1629 ~Cha 3 Sec. 1 1985 Stand. Bld Code C ~ p ~ g Sec.. Alai , 9 .-1. 2. Ord. No. 1638, Chap. 12, Sec. 9. ~', 3. No. :17.5, Chap. 7, Sec. 3.J How has he violated such ordinances? ~, r [1. occupying SSBar as~bar/nightclub. 2. BarsjNghtclub must :have one space per fifty square I~ feet, SSBar has 7 289 s ft and 81 conformn q , g , ~,~~ spaces. As a bar, It needs 146 spaces (65 adds Tonal s aces Even as a restaurant serve alcohol he r, p ~ g needs an additional 16 spaces. ~' 3. Encoura in patrons to ark at THA. Serious traffic - g g p ~~ hazard-for intoxicated Sneakers patrons to cross when drunk, & SSBar pa~rons have caused many dis urbances and altercations at THA] r Have the SSBar patrons ever parked anywhere el e? Please tell us briefly about that,; ~~ w~at remedy does the City have under each ord. that.~M has ~~~ violated? 1. "Pull's his C.O. and prosecute in Municipal. Court for ~~ 3 every day RM operates SSBar...without`a val~.d C.O. 2. Maximum fine of $200/day in Municipal Court...... 3. Maximum fine of $2Q~/day in Municipal Court. What remedy has the City has pursued? . Wh has the-Cit not ursued the remedies found in the o rd.s. y y p '~ [City wanted to work with RM---gave him lots of time and vpportunities,J [SSBar is on 'a every busy state highway--someonewill get killed if we don t actJ _7_ ~~ ----_ [Going to Mun. Ct. is not effective.] [Fines area .cost of doing business for RM._] Did` Jim hear directly from RM~ "-How much is fine going to be? ~ makes a to of money from alcohol sales, and can afford to pay f roes :without fixing problem. Are there any other persons in College Station who viorate their C.D. and parking requirments? What :remedies has the City used to-deal with other ordinance ~ violat-ions and parking problems? Do you feel tie City acted consistently in dealing with these I situations? i With ;regard to the violations at SSBar, if none of the ordinance remedies are effective for the City, what other remedy is ~, left? An in'unetion. [ ] ] Jane Kee. Cit Senior: Planner. y ~ i ~,~`'~ Please state our ,.furl. name. ~~ ~~ y, ~ ~` 4~!~~W Where + do you live? ''~~° ~~ What is your occupation? ..Please describe. your formal education. - ~' '! What kind of r~ork experience. do you have . ~ o: d~ ~~ ~ By whom are you currently empl ye . What job title do you hold? i I, How long... have tau been in that job position? What are your fob responsibilities? Please tell us about what you know, of how SSBar began as a business. [Original C.O. for restaurant.] Has RM even:-t®1d you he was'operatinq as a bar? When? What did he a~?? -[RM said 4 out of 7 night his-food sales are greater than his alcohol sales. Thin means 3 nights of .the week he is a night club.] . {{Declarati~~n against interest--H rule exception. Standard course of. business. Business responsibilities. * Diagram of Sneakers, Ms. 'Reporter, ;please. mark this Plaintiff's Exhibit #3 for identification. Your Honor, may the record reflect that I am now. showing John Hawtrey Plaintiff's Exhibi #3 for identification. Ms. Kee, I am-handing you Plaintiff's. Exhibit #3 for identification. Do you know what it is? . Are you familiar wth~the scene represented by the diagram? 8 1