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-1)- <br />I would like to emphasize that staff was aware of the modifications <br />that Mr. Povlitzki proposed to make to his physical plant, however, <br />we were also aware of and emphasized in our conversations with <br />Mr. Povlitzki that it was his intention to maintain a restaurant <br />operation in the facility although on a different basis than that <br />previously operated by the Anchor Inn. <br />In response to the second question, once staff became aware of the <br />fact that Mr. Povlitzki was not serving meals while being open on <br />Sundays and Council direction that he begin the service of food <br />immediately, I personally met with Mr. Povlitzki after communicating <br />to him a letter dated January 4, 1984, copy attached, that he was <br />in violation of the City's Intoxicating Liquor Code by selling liquor <br />on Sunday without it being in conjunction with the sale of food. <br />During our meeting, which occurred on approximately the same date, <br />January 4, 1984, I advised Mr. Povlitzki of the absolute necessity <br />that he commence serving food in his facility immediately even <br />though he was remodeling the facility. At no time did I authorize <br />Mr. Povlitzki to operate a "weiner wheel" only. Mr. Povlitzki and <br />I discussed the need for him to offer a variety of food which <br />could include hot dogs, polish sausages, frozen pizzas, and other <br />microwave type foods which would provide an assortment of choices to <br />his customers and could include entrees which are available for <br />commercial use and can be cooked in a microwave. <br />I was not aware that Mr. Povlitzki chose to ignore the basics of <br />our conversation and operate a weiner wheel only until advised of <br />that fact by Mayor McCarty. If any mistake was made by me during <br />the process of handling this matter with Mr. Povlitzki it was that <br />I took his word for it and expected him to serve a variety of foods <br />without taking the time to check on his operation personally and <br />insure that he was meeting the intent of the law if not the letter <br />of the law. <br />I would hope that the above information adequately responds to your <br />two questions and assures you that staff acted in the best interests <br />of the City. Should you have any further questions or require <br />additional information, please advise me. <br />DFP/pf <br />Attachment <br />M <br />