04-22-87 Council Minutes - Laserfiche WebLink

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Minutes City Council April 22, 1987 Bingo Wylie stated that he assumed that if Finnerty's and Tschida's presence (Cont.) on the Board is illegal, LCCB will be told so. Wylie stated that the letters of March and April are the Board's means of identifying individuals involved with the lease and determining whether Qoard members are involved in carrying out gambling. Wylie stated that the Board is not involved either directly or indirectly in the conducting of gambling. Fahey stated that the City wants the Gambling Board to tell us whether the Hall Association is legal. Wylie stated that he, too, would like this information. tdylie stated that if the concern was to get the matter of leases and negotiation of leases out of the hands of LCCB, this function could be placed in the hands of a trustee or real estate agent. Wylie reported that LCCB owns a lease and has a right to a building for a two-year period. This has been decided by the courts and is in place. These rights could be tr~nsferred to a trustee. The Association could be removed as landlord if that is the State's wishes. However, at this point the State Gambling Control Board is polling every landlord in the State and Wylie assumed they would make a decision. The question is whether LCCB will have the answer in time. Fahey noted that it is the City Attorney's opinion that LCCB does not comply with State law, including the participation of Bob Finnerty on the Board. Fahey stated that until he is told differently by the State Gambling Control Board, he did not feel that LCCB should be allowed to operate. Fahey stated that he was disappointed that the State would not issue an opinion, and felt that the State was expecting too much from the City. Fahey felt that if the State cannot issue an opinion, the City should not accept LCCB on blind faith. The City Attorney states in his opinion the operation is illegal and there is nothing contrary from the State. Fahey felt that until an opinion is received from the State Attorney General or Roger Franke, the licenses should be denied. Fahey asked if the City Attorney's opinion has changed. The City Attorney replied that in the absence of a ruling from Roger Franke's office that the present organization complies with State law, it is his opinion that it does not comply miith State law. Wylie pointed out that the City has requested an opinion be obtained from the Attorney General's office, and Wylie was not sure LCCB had the standing to obtain such an opinion. Wylie stated that if anyone had this standing, the City did and apparently this process does not happen overnight. Wylie felt that the request was unfair and that impossible conditions are being placed on the license renewal. Wylie reported that he understands and respects the concerns of the City with regard to LCCB, but felt these concerns will be Page -25-