Las Vegas City Commission Minutes, November 20, 1957 to December 2, 1959, lvc000011-534

Commissioner Elwell was informed at his request as to what had occurred by a telephone call by another party and in the message conveyed to him (Mr. Spann), Commissioner Elwell had said he would send a telegram to this effect. His Honor Mayor Gragson asked on what grounds was the issuance of the license being opposed. A discussion regarding the population followed and Mr. Spann referred again to Ordinance No. 688 which was adopted in January, 1956, wherein the population was set at 45,000 and further, that the population should be determined by the Board of Commissioners annually in December of each year. (Section 19, Ord. No. 688). Mr. Spann added that the Commission had not redetermined the population and for that reason it might be said there was no authority for any licenses on the basis of popu­lation. Mayor Gragson asked if he understood him correctly that the application was being opposed on the population basis. Mr. Spann replied that was one of the many objections in view of the fact the Commission did not act in 1958 to redetermine the population. Commissioner Sharp stated that Mr. Spann had said there were two licenses available according to the population of 45,000. Mr. Spann replied the License Director had told him there were two licenses open and he had based that statement according to this information. Attorney Graves said that Mr. Spann had made a positive statement to the Board that there were two licenses open and the matter as to whether or not this was a shopping center had been gone into by this Board before. He believed they were wasting time. Attorney Spann brought out the fact that the application had been previously denied and His Honor Mayor Gragson stated it had been denied contingent on whether or not this was a shopping center. In reply to Mr. Spann's question as to whether or not a new application had been submitted, Mayor Gragson read Joe Julian's letter of July 17, 1959, requesting resubmission of his application. City Attorney Cory advised that ordinance does not require a new application and that this application is pending before the Commission without any question. He continued that despite the fact the action of July 23, 1959, had been rescinded, it would still be before the Board. Mayor Gragson stated he had received the telegram from Commissioner Elwell and it was his understanding it would be some time in September before he would be back in town. Commissioner Sharp asked if there were any others present in protest and a count of hands revealed there were approximately eleven members of the Clark County Licensed Beverage Association present. Mr. Spann said they were objecting on the same grounds, and further, he presented to the Board a petition signed by a number of businessmen in this area who were objecting for the same reasons, as well as a financial statement of the Western Liquor Store showing a net loss backing up the statement that another license of this type would be detrimental to business. Commissioner Sharp asked who prepared this statement and was informed it was prepared by an accountant by the name of Miller. Mr. Murray Peterson of the Round-Up Liquor Store stated that he was opposed to the issuance of this license and he had presented his objections at the meeting on July 15, 1959. Commissioner Fountain stated he would like to ask a question of Mr. Springston whose name he saw at the top of the petition which had been presented. He asked Mr. Springston if he owned the Las Vegas Bowl. Mr. Springston replied that he did, and also that he was the President of the Clark County Licensed Beverage Association and in that capacity he was objecting to this application and if there were any discrepancies they should be thoroughly looked into, and if it was illegal it should not be granted. Furthermore, they were not opposing any individual but in view of the fact that liquor licenses are regulated by local, State, and County agencies, these regulations should be followed. Mayor Gragson asked if there were any others who wished to protest and Mr. Spann presented a map showing the liquor outlets near the Francisco Square Shopping Center and also stated he understood there will soon be another shopping center on San Francisco between the Robinson Apartments and the Union Pacific Railroad tracks. Commissioner Fountain said there were going to be a lot of shopping centers. Mr. Spann said he was submitting this point because this Board had objected to congestion of this type of license. Mr. Spann asked if there was any other person listed on this application other than Mr. Julian; specifically, if Sam Josephson's name was on it. Mr. Julian responded to this question stating that he was sick and tired of being accused of having a secret partner. He stated he had said before and he would say it again, there was no one else involved but himself and himself alone. In answer to Mr. Spann's question he was informed this application was for a package liquor and beer bar license. Mr. Spann stated that inasmuch as the Commission had determined this was a shopping center he would like to point out Section 3 - (16) of Ordinance No. 688 stating a shopping center or grocery liquor license shall permit the sale of alcoholic liquors only for off-premise consumption. City Attorney Cory pointed out this application was for the combined license of a package liquor and beer bar. Commissioner Sharp asked Mr. Graves how many square feet were contained in this shopping center and he informed him it was 41,000 square feet. Commissioner Fountain asked Mr. Spann if he realized how much of an investment a shopping center would represent. He continued that he thought the Commission had been very, very fair and they had come to a point where they had to take a stand. Commissioner Fountain moved the application of Joseph Julian for a package liquor and beer bar license at the Joe Julian Liquor Store, 2400 Las Vegas Boulevard South, be approved and the Supervisor of License and Revenue authorized to issue the license. 8-5-59