HomeMy WebLinkAbout2001-05-03 Correspondence Office of the Civ. .ve..e
Johnson County Attorney J-'*".'-"
John~n Coun~ CouPhouse · 417 South Clinton Street · P.O. Box 2450 · Iowa City, IA 522~Criminal
Phone (319) ~9-61~ · F~ (319) 339-6149 ~ M. Lahey
J. Pe~ck Whl~ Rivka S~'en~n
May 1, 2001 ChildSuppod
,~ ~:~ ~-(888)229-9223
TO: Iowa City City Council ~
J, Patrick White ~ ~ ~ ~
FROM:
Johnson County Attorney ~Z ~
This is to explain what I characterize as a conditional
reco~endation to approve the above-captioned license
application.
Independent of the pending application, I've had ongoing
concerns about the n~er of underage possession charges at the
Union. It reflects, I believe, evidence of part of the problem--
a lack of effort by license holders to monitor who drinks once
inside an establis~ent. It does little good to screen
identification at the door if it means little or nothing once
inside. In this regard, the Union is hardly alone.
In addition, the Iowa City Police Department has been
investigating violations of law which occurred at the Union in
February. I believe there is a sufficient co~onality of
management and ownership between the Union and Etcetera that
deciding the current license application at least in part based
on performance/practice at the Union is fair.
I was unwilling to reco~end approval of the new application
without acknowled~ent by ownership and management of the Union
of the law violations which occurred in February and appropriate
sanctions and without a stronger effort to avoid underage
drinking.
Toward that end, I have reached a multi-part understanding
with the applicant and ownership/management of the Union:
1. Two counts of violation of Iowa Code Section 728.5,
Public Indecent Exposure in Certain Establis~ents,
will be filed against Jim Pohl. He will plead guilty
to those charges. I will reco~end to the court that
he be fined $1,000 on each count. He is free to seek
a deferred judgment and probation.
- 2 -
2. Two counts of violation of Iowa Code Section 728.5,
Public Indecent Exposure in Certain Establishments,
will be filed against Nick Wernimont. As of this
writing he is not represented. I plan on recommending
that he be fined $1,000 on each count. He too will be
free to seek a deferred judgment and probation.
3. A charge of Supply Alcoholic Beverage to Persons Under
the Legal Age will be filed against Nick Wernimont
or Downtown Iowa City Entertainment d/b/a the Union.
I will recommend a fine of $500.
4. The Union will.have its license suspended by the
Alcoholic Beverages Division for a period of at least
15 days. The date of suspension and the specific term
are to be promptly determined by the Division.
5. In addition, Etcetera will enter into an agreement
with me that it will not admit persons under the age
of 21. The specific terms of that agreement will be
developed within the next few days. I recognize that
there is not likely a statutory or administrative
vehicle for a conditional or contingent license. The
essence of the agreement is that I will have standing
to request that the license be revoked for any
misrepresentation of fact in the application process
or any failure to abide by the representation that
this will be a "21 only" establishment.
I expect that, yet this week or next week at the latest, the
documents to effect this multi-part agreement will be prepared
and signed.
I also believe that the application, in the form in which it
was presented to me on April 25th, iS incomplete with regard to
Question 6-3. My understanding and belief is that both Mr. Pohl
and Mr. Rooney have direct or indirect interests in other retail
licenses. They have answered "No" to that question. I believe
that answer is incorrect and full information should be provided
before a license is issued. That information would not alter
this recommendation.
It appears now that I received a draft copy of the
application and that a more complete copy with a more accurate
answer to Question 7-3 will be forthcoming today.
Let me know if you have questions.
MEMORANDUM
TO: Members of the City Council
FROM: R.J. Winkelhake, Chief of Police
RE: HERBERT POHL LI(;)UOR LIGENSE
DATE: May 2, 2001
There are a couple of concerns with the application for a Liquor License at 118
S. Dubuque Street.
Ryan Rooney is listed as the General Manager for the new license and has
worked for Jim Pohl at Malone's. What his work relationship with Kip Pohl
maybe is unclear at this point.
In the very recent past, Captain Johnson has had a number of conversations
about an on-going investigation at the Union Bar which has involved Herbert
Pohl, rather than Jim Pohl. Herbert Pohl has been quoted as a spoke person for
the Union Bar in the recent past. Jim Pohl is the listed owner of the Union. As
late as May 2, 2001, Kip Pohl is identified in news stories as the owner of the
Union.
J. Patrick White has had a number of meetings and conversations about both
the Union matter and this license and has indicated that he is attaching a memo
to the application. J. Patrick White has raised a number of questions about
completeness of the applications.
I believe there is a very real question about the ownership of the new bar and the
relationships of the individuals involved. I do not feel it is appropriate to sign off
for approval of this license at the present time without clarification of
ownership/management issues raised in Mr. White's memo.
The application is inaccurate with respect to the criminal history of the General
Manager because of a conflict of the department's record and the listed data on
the application.
SIGNATURES OBTAINED BY APPLICANT
INSPECTION REPORT FOR
LIQUOR/BEER LICENSE APPLICATIONS
0oing Business As: e+c CITY OF I0 WA CIT)
lxe
The prospective ' ensee must obtain the following signatures along with the
recommendation for approval of the license.
owa city Chief of Police <>
Iowa city Building Official ~ Approved () nied
out Doo ervice Area
B ' i ( ) Approved ( ) Denied
Size of Beer Garden . t.
Dance Floor Information
Police Signature ( ) Approved ) D nied
Building Official ~ Approved ~!d va~4~
Fire Official ~',Approved ( ) Denied
Size of Dance Floor Z~ ft. X ~ ft. ~ sq. ft.
I ~ /~ Jl o
N~ PE~ITS OEY
county Sheriff (~ Approved ( ) Denied ~ ~
County Attorne~ ( } Approved (.) Denied ~I'[~
liq_sig, rev: 2/16/94
MA S TER
I APPLICATION FOR NEW RETAIL LIQUOR LICENSE, WINE OR BEER PERMIT
Iowa Department of Commerce
Alcoholic Beverages Division
1918 SE Hulslzer Road
Ankeny, Iowa 5002'1-3948
515-281-7430 · 1-800-831-1393
MASTER APPLICATION
Instructions: Complete this Master Application and the Addendum specific to the type of license/permit for
which you are applying. Answer all questions even though you feel the requested information is not
important or does not apply to you. The App~cation and Addendum ask only for that information which is
necessary to determine whether or not you and your proposed premises meet legal licensing requirements.
Applications will not be processed unless all applicable cluestions are fully answered and all
supportinq documents correspond exactly with the leelal name of the applicant.
· TYPE OR PRINT IN BLACK INK ·
Name of Business (DBA)
Street Address of Proposed Licensed Premises
City ~ ~ State Zip Code
Business Phone # Home Phone #
,~/~ ,~//
Mailing Address (include name)
City / State Zip Code
I=. MANA SR OR CONTACT .SRSON (RSQU RSD
/~' l~ccNEy ~/~ ~/ ///~
3. TAX INFORMATION ~
Federal Employer ID# Federal Tax Stamp/Basic Wholesaler's Permit # Iowa Sales Tax #
4. PREVIOUS LICENSEE/PERMITEE I
I NameAj6~2 ~ License/Permit#
I" sTATus or ..SI.ESS I
Indicate how your business will be operated:
[] Sole Proprietorship: List spouse (even if spouse owns 0% interest). If not married, write "No Spouse."
[::] General Partnership: List all partners.
[] Limited Partnership: List all general partners and limited partners.
P1 Limited Liability Partnership: List all general partners and limited liability partners.
E:] Privately-held Corporation: List all officers, directors and shareholders.
[] Publicly-traded Corporation: List all officers and directors; also, list all shareholders owning 10% or more stock.
[~ Limited Liability Company: List all members, managers and assignees of membership,
[] Non-profit Association: List Board of Governors or principals.
[] Other: (specify) : List principals
6. OWNERSHIP
6-1. List below all persons having financial interest or control in the business. (Refer to the box you have checked
in section 5 for the persons who must be listed.)
Position (as owner, Date of Birth
Name Complete Home Address ~pouse, partner, director, US Citizen Percent of
(Include City, State & Zip) etc.) List S8# for each. (yes or no) M D Y Ownership
H~fz 6~ P,, 7~7. /:7o FI L
zso ck; la
SS #
SS #
SS #
SS #
You must show 100% ownerShip of the ~usiness. Failure to list all interested parties is
unlawful and constitutes grounds for denial or revocation of the license. (Attach additional ~
sheets, if necessary.) =100%
6-2. Corporation, Limited Liability Company, Limited Partnership, Limited Liability Partnership:
iowa Certificate Number _~ ~_..~)rC) L~L3"~ (Required)
2
The following questions apply to the applicant named in section I and all persons listed in section 6-1. Each question
applies to businesses located within and outside Iowa. Include detailed explanations for all yes responses on an
attached sheet.
%~, ~,,c~,~e
6-3. [] Y ~ N Do you have a direct or indirect interest in any other liquor, wine or beer retail licenses? If yes,
give name and address of each business.
6-4. [] Y ~ N Do you have a direct or indirect interest in any liquor, wine or beer manufacturer, barrier, importer
or wholesaler licenses? If yes, give name and address of each business and percent of
ownership.
6-5. [] Y [~N Does any liquor, wine or beer manufacturer, battier, importer or wholesaler have a direct or
indirect interest in your business? If yes, give name and address of business and percent of
ownership.
6-6. [] Y 1~ N Has any liquor, wine or beer manufacturer, battier, importer or wholesaler paid all or part of your
license fee? If yes, give name and address of business and amount received.
6-7. ~ Y [~ N Have you received any loan, credit, money, gift or equivalent from any liquor, wine or beer
manufacturer, botfier, importer or wholesaler? If yes, give name and address of business and
amount received.
6-8. [] Y ~N Does any liquor, wine or beer manufacturer, battier, importer or wholesaler own or have an
interest in any furnishings, fixtures or equipment used in your business? If yes, give name and
address of business and list of furnishings, fixtures and equipment.
6-9. [] Y E~N Are you or any of your employees, agents or representatives also employed by a liquor, wine or
beer manufacturer, barrier, importer, or wholesaler? If yes, give name and address of each
person and employer.
The following questions apply to the applicant named in section I and all persons listed in section 6-1. Each question
applies to criminal histories for all persons, within and outside Iowa. include detailed explanation for all yes
responses on an attached sheet.
7-1. [] Y [] N Have you ever been convicted of a felony offense in Iowa or any other state of the United States?
If yes, list in section 7-3.
7-2. [] Y P:A N Are there any arrests, indictments or summonses pending against you? If yes, list in section 7-3.
Attachment for 6-3
Herbert Pohl does not have any direct or indirect interest in the individual
liquor licenses for any of the Iowa Pancheros restaurants. His daughter is a
shareholder in the two Iowa City and Cedar Rapids locations, but Herbert
Pohl is not. Herbert Pohl is a shareholder in the parent company, Little
Donkey, which sells franchises of the Pancheros restaurants.
7-3. List below all arrests, indictments, summonses, convictions and deferred judgments of ALL violations of any
state, county, city, federal or foreign government for the applicant listed in section I and all persons listed in section
6-1. All information must be reported regardless of the disposition, even if dismissed or expunged. Include pending
charges. DO NOT include minor traffic violations, except those which are alcohol-related. (Attach an additional
sheet, if necessary.)
Location of Court
Name Date of Arrest Charge *Disposition of (County, State, Citizenship Lost?
/
*Attach copyof the Disposition of the Court for each violation noted. Attach copy of Restoration of Citizenship
where loss of citizenship is indicated. If there are no arrests, indictments, summonses ?r convictions, write
c
Indicate how you have control of the premises:
[] Own ~ Lease [] Other (explain in detail)
If y have indicatedL,,~ease or Other, complete the following:
Name of Tenant
Name of Landlord } Landlord Phone #
City ~" Y State Zip Code
Indicate Lease Dates (include month day and year):
~Submit si.qned copy of lease/rental agreement for license period or si.qned final sales contract or
4
INSPECTIONS: )
Iowa law requires the applicant named in section I and all persons named in section 6-1 to give consent to the
following individuals to enter areas of the premises where alcoholic beverages are stored. served, or sold, without a
warrant, during business hours to inspect for violations of the laws and rules governing the license or permit:
members of the fire, police, and health departments and the building inspectors of cities, the county sheriff. deput~,
sheriffs, members of the department of public safety, representatives of the division and the department ot
inspe tions and appeals, certified police officers and any official county health officer.
~YI~ N As a condition to the issuance of the license/permit, do you agree to grant such consent for the
duration of the license period?
The Master Application must be signed by the applicant (named in section 1 or a person listed below who has beer
named in section 6-1) and the preparer if the Application and accompanying Addendure are not completed by th~
applicant. Stamped signatures are not acceptable.
Who must sign as app~cant:
Sole Proprietorship - Individual; General Partnership - Partner; Limited Partnership -General Partner; Limited
Partnership - General Partner; Privately-held Corporation - Officer; Publicly*traded Corporation - Officer; Limited
Liability Company - Officer or Manager; Non-profit Association - Principal
APPLICANT
I hereby declare that all information contained in the Master Application and accompanying Addendum is true and
correct. I further declare that I have completed the Application and Addendum entirely by myself, unless it is also
signed by a Preparer. I understand that misrepresentation of material fact in the Application or Addendum is a
serious misdemeanor crime and grounds for denial of the license or permit under Iowa law.
Applicant's Signature Date
Notary
State of
County of ~/~/,,---,.r---- "Z////~ ~///~ 1
Signed and sworn to before me on
Date
by /'~''7~'~''''~'~'7~ '~,
P~nt N~me of
PREPARER
I declare that I have examined this Master Application including accompanyin~l Addendum and to the best of my
knowled~le and belief, all information is true, correct and complete. I further declare that I have reviewed the
o~p~n tion and Addendure with the applicant. ~/ l~ z///~
information c ' ' the ic~e '
/
Pre ature Date
Title
This document is an open record. Information contained in this document may be disclosed without prior notice to or
permission from the subject. See Iowa Code chapters 22 and 123; see, also, 185 Iowa Administrative Code, ch. 18.
ON PREMISES ADDENDUM
NEW CLASS A, CLASS ~B, CLASS C OR SPECIAL CLASS C (BW)
LIQUOR LICENSE OR NEW CLASS BBEER PERMIT
Iowa Department of Commerce
Alcoholic Beverages Division
1918 SE Hulsizer Road
Ankeny, Iowa 50021-3948
515-281-7430 · 1-800-831-1393
ADDENDUM TO MASTER APPLICATION
Your Master Application, this Addendum and all supporting documents must be first filed with and apprevec
the local authority. Al~131ications will not be processed unless all applicable questions are fully answe
and all supl~ortincl documents corresl~ond exactIV with the leclal name of the applicant.
· TYPE OR PRINT IN BLACK INK ·
Legal Name of Appficant (Sole Proprietorship, Partnership, Corporation, etc.)
Name of Business (DBA) / City
LICENSE CLASSIFICATION PRIVILEGES
Indicate class you are requesting. Indicate all you are requesting for the license/permit
[] Class A Liquor License (Clubs) period.
[] Class B Liquor License (Hotels/Motels) ~i~ Sunday Sales Privilege
[] Outdoor Service (Complete Section C)
{~ Class C Liquor License (Commercial) [] Brew Pub Privilege (Class C Liquor Licenses
[] Special Class C Liquor License (BeerANine) and Class B Beer Permits only)
[] Class B Beer Permit (Includes Wine Coolers) [] Catedng Privilege (12-month Class B or C
Liquor Licenses only)
[] Class B Wine Permit (Carry-out wine may be
[] Living Quarters Permit (Complete Section D)
issued in conjunction with any of the above
licenses/permits.)
LICENSE PERIOD FEE
Indicate length of license you am requesting. Local Authority (Class B Beer only)
$ Paid to
li~ 12 - month [] 14 - day* Alcoholic Beverages Division
[] 8 - month [] 5 - day* $ /~/~/D · C~ (Liquor License)
$ (Wine Permit)
[] 6 - month *may not be issued $ ~:5 ~'. o o (Sunday Sales)
for class B wine permits $ (Brew Pub)
IA.: GENERAL INFORMATION ;t
The following questions apply to the proposed premises:
All Applicants:
A-1. Indicate primary type of business:
[] Restaurant (~ Bar/Tavern [] Veterans Organization [] Golf Course
[] Hotel/Motel [] Private Club [] RAGBRAI [] 8ports Complex
[] Special Event (specify) [] Other (specify)
Ao2, Indicate location of premises:
E~ Within incorporated city/town
[] Within unincorporated area of county. Name of nearest incorporated town
[] Within unincorporated town. Name of unincorporated town
A-3. E~]'/Y n N Does your premises conform to all local and state health, fire and building laws and
regulations?
A..4. r2~ Y ~ N Is your premises furnished with tables and seats to accommodate a minimum of 25
persons at one time?
A-5. ~ Y {~ N Are other Liquor, wine or beer businesses accessible from the interior of your premises? If
yes, list owner, name and address of other businesses on an attached sheet.
A-6. ~ Number of bathrooms.
A-7. / Number of floors where alcoholic beverages will be sold, served, consumed and stored.
Class A Liquor License Applicants Only:
A-8. I~ Y [] N Does your club charge and coiled annual dues from its members?
A-9. r"] Y ~ N Does the property used, as well as the advantages, belong to all members?
A-10. ("1 Y F'~ N Do you serve any alcoholic beverages to non-annual dues paying members? If
yes, provide explanation on an attached sheet.
A-11. Number of members in your club,
Veterans' Organizations: In addition to questions A-8 through A-11, also complete questions A-12 and A-13,
A-12. [] Y ["q N is your lodge or fraternal organization chartered by the Congress of the United States?
A-13, Number of days you will sell or serve alcoholic beverages per year.
Class B Liquor License Applicants Only:
A-14. E3Y F'qN Do you have 20 or more sleeping rooms?
IB. PREMISES
Premises Diagram: Draw a clear and understandable sketch of the proposed premises showing all areas under the
control or lease of the appficant. Include aft floors where alcoholic beverages will be sold, served, consumed and
stored. indicate all entrances and exits, location of bar, back bar, bar stools, booths, tabtes and chairs, bathrooms and
where licenses will be displayed. Provide separate diagram for each floor. Diagram(s) does not have to be to scale but
must be 8~ x 11". Use this page for main floor. Attach additional sheets for additional floors. (Blue prints and xerox
copies will not be accepted.) USE BLACK INK.
b~O O --
~ 0 '
~ ~ ~ °o~
-
o00 . ~. ODD000
Applicant must noti~ the Alcoholic Beve~ges Division and the local authori~ of any changes of
boundaries, enhances, exits, etc., made a~er submission of the diag~m.
l C~ OUTDOOR AREA :: 1
An outdoor service area is a designated area which is adjacent to the licensed premises. Complete Section C
only if you have checked Outdoor Service on Addendum page 1.
· C-1. Outdoor Area Dates: from to
(Dates must fall within license period.)
C-2. Dram Shop Endorsement Dates: from to
(Dates must conespond with requested outdoor service dates. Attach original endorsement. Accord
Certificates are not accepted.)
C..3, Explain how the boundaries of the outdoor area are designated (fence, barricades, etc.),
C-4. Outdoor Service Diagram: Draw a clear and understandable sketch of the outdoor area showing its
relationship to the proposed licensed premises. (Xerox copies will not be accepted.) USE BLACK INK.
Note: If you are using a tapper wagon, beer truck, etc., attach copy of receipt.
4
ID. LIVING QUARTERS J
A living quarters permit is required when residential or sleeping quarters are accessible from the INTERIOR of the
licensed establishment. Complete Section D only if you have checked Living Quarters Permit on Addendum page 1.
Address
Location of living quarters (upstairs, downstairs, etc.) in relation to the licensed establishment.
Living Quarters Diagram: Draw a complete and understandable diagram of the living quarters showing its
relationship to the licensed premises. Be sure to indicate entrances and exits between the living quarters and the
licensed premises. USE BLACK INK.
5
E, ENDORSEMENT OF LOCAL AUTHORITY )
I hereby certify that the Master Application and accompanying Addendum were submitted to:
City Council on May 3, 2001
City Council or Count,/Board of 0,~p'~rv;o,,,a Date
and after conducting pertinent background investigations of the applicant and proposed licensed premises, it is
recommended that the license/permit designated below be: ~'} Approved [~ Denied*
~'] Liquor License
I"'l Beer Permit
F") Wine Permit
If approved, requested license/permit effective date 5/3/01
It is further recommended that the Outdoor Service Area (if applicable)
Be: ~ Approved ["] Denied
Tnwa C. it~v
Name of City or County
410 E. Washinqton Street
Street Address or P.O. Box # ~
Sondrae Fort
Contact Person
(319) 356-5042
Daytime Phone #
Signature of City e~ Official
*If the application is denied, a~tach a separate sheet giving specific reasons for the denial
This document is an open record. Information contained in this document may be disclosed without prior notice to or
permission from the subject. See Iowa Code chapters 22 and 123; see, also, 185 Iowa Administrative Code, ch. 18.
6
STATE OF IOWA
IOWA DEPARTMENT Of COMMERCE
ALCOHOLIC BEVERAGES DIVISION
DRAM SHOP LIABILITY CERTIFICATE OF INSURANCE
LIQUOR CONTROL LICENSE AND CLASS "B" BEER PERMIT
FILED WITH
'°" TATE'S COPY
DEPARTMENT OF COMb
ALCOHOLIC BEVERAGES DIV
1918 SE HULSIZER AVENL
ANKENY, IA 50021
(Execute in Duplicate)
THIS IS TO CERTIFY, that COLUMBIA CASUALTY INSURANCE COMPANY
(hereinafter called Company) of CNA PLAZA, CHICAGO, ILLINOIS
(Home Address of Company)
has issued the following policy:
Policy Number: LLP 223618181
Assured: DOWNTOWN IOWA CITY ET CETERA, LLC DBA ETC.
Location: 118 SOUTH DUBUQUE STREET; IOWA CITY, IA 52240
Effective Dates: 05/03/01 through 05/02/02
The above-mentioned policy of insurance (hereinafter policy) contains coverage to comply with the provisions of Iowa Code
section 123.92 and all regulations of the Iowa Department of Commerce, Alcoholic Beverages Division.
The policy may be cancelled by the Company of the Assured giving 30 days notice in writing to the Alcoholic Beverages Division
at its office, Ankeny, Iowa. The 30 days notice to commence from the date notice is actually received by the division.
Whenever requested by the division, the Company agrees to furnish to the division a duplicate original of the policy and all
pertinent endorsements.
Dated this 23RD day of APRIL, 2001
Melfred E. Taylor Authorized Company Representative
2700 Westown Parkway, Suite 140
West Des Moines, IA 50266
Phone: (515)225-8535
Fax: (515)225-8073
This document is an open record. Information contained in this document may be discolosed without prior notice to or permission from the
subject. See Iowa Code chapters 22 and 123; see. also, 185 Iowa Administrative Code, ch 18.
212-0218
CPD-99611
DEPARTMENT OF THE TREASURY
SPECIAL T~ REGISTRATION AND RETURN
ALCOHOL AND TOBACCO__
(Pleas~ R~ad Instruction~ on a~ck Carefully ~efore Completln9 This Form)
SECTION I -TAXPAYER IDENTIFYING INFORMATION
~'~t~;~'~FICA'rFONNUMBER(~quI~edS~e ~2. BUStNESSTELEPHONENUMBER
3 NAME (Las/, F'ir:;L M, ddl~) or CORPORATE NAMG (ffCorpnt~tlon) T
r FF
4, TRADE NAME
~% ........... AT~ ZIPCOdE .... f
CI Y
ACTUAL LOCATION [IFDIFFERENTTHANABOVE) 9. T~ PERIOD CQVERLNG
77'F~D~DERESSOF PR.NC~PAL PLACEOFaUSlNESS (Show stro¢l address) FROM:
cffY STATE ZiP CODE
(YY) __
SECTION II -TAX COMPUTATION
"T~'~LAS~ D~CRIPT~ON (FOR ITEMS MARKED', SEE INSTRUCTION~""~GNTHLY ANNUAL
LOCATIONS TAX DUE ~ CODE
(a) I (~) (c) {y) (f)
C[~b~OisfilledSpirits,WineorBeer)-atlarge ~S20.83'& ~ 250
,','r~b~'E~XL~' rC];~&~sp,rns, .,vlr,e or beer ~ $41 66:1, 500
=',ONBEVERAGEDRAWSACKCLAIMANT ~ 500 ~ ]
r S~; ~ e, h ~ $2083 '/, 250 " ....... ~"
A: 6b~:~&Z' ~' [~jt~pr;,5:, c~ alcohol fuel pJant S83.33 ',', l OCg
~HODUCER5 ~p~upr~etorolalcoholfiaolplant. RE%gOEO'7 ........... ~ $4168~/, 500 '
[P;~pri~,lr o~dsllleaspiritspanl I $.8333',, 1O~ ~ ! 81
~;na[ofofdislilledepir,lsplanl-RBDUCED' Z S4166% 500 .~
r~eprie~OrofeendedwmewatehOuSe r ~:33 ','~ ~0 i I 83
'OBACCO ' ]~a,,Htac~u~orol tobaccoproduc~s 'F $~33 '/} !000 = ~ 9!
M~n~l,xxurerj[?ga/~epjp~r~andiubes ~ S83~ %, 1000 ~ _ 92
Mar~ulaF~Ler d cig~a papers and lube8 - REDUCED' ~, 5~ ~
~,mBr,ojc,~2~ export warehouse, R~OUCED' ~ S41 66 ~,' [ 500
'~AKE~HEcK~RM~N~Y~RD~R~AYA~LE~`BuR~Au~ALC~H~L~T~Ac~ANDF~R~A~M~.'~W~TEy~R~M~[~YER ~TQTALT~DUES
j~;~~'~' [flTLE ........ ;DATE
~PR-23-200I NON 02:36 P~ N~TL REVCENTER F~X NO. 513 684 3313 P. 95/05
TAXPAYER REMINDER
This is an annual tax due before starting business and by July I each
year after that. After your initial payment of this tax, you should receive
a "renewal" registration and return each year in the mail, prior to the due
date. However, if you do not receive a renewal form, you are still liable
for the'tax and should contact the ATF National Revenue Center noted
in the instructions to obtain a Special (Occupational)Tax Registration
and Return.
Your canceled check may be used as evidence of tax payment until you
receive your Special Tax Stamp from ATF.
Hills Bank o~,o,... o,-,.o.,.6
220
andTmsthmPanY Ap~ 24,
REUn'rER MA].ONR'.~ TRISH P'[TR
PAY ~,~..',',',',',',','~..~._ ~
TOTHE . . ._ ':~:~g:;':~::::
ORDER OF RrlRFAFI nF Ar.rOHnr,, TnRACUD AND l~rl?E ARM.~
****FORTY-ONE DOLLARS & 67/100.***
NOllCE TO CUSTOMERS
THI~ pURCP, ASE OF AN INDF. MITY BOND WILL BE REQUIRIED BEFORI5 AN CIIStOIll erCopy
OFFICIAL CHECK OF THIS BANK WILL BE REPLACED OR REFUNDED IN THE
.., __, ...=,...,~¢.. o...~.. NON-NEGOTIABLE
ASSIGNMENT OF SUBLEASE AGREEMENT
SUBTENANT, Pohl Family Properties and Jim Pohl, hereby assign their
interest in the sublet agreement attached hereto to: Downtown Iowa City Etcetera,
through the end of the sublease agreement. The personal guarantees set forth in the
attached Sublease Agreement remain in full force and effect. Landlord consents to
this assignment.
Dated this ' day of April, 2001.
Downtown Iowa City Etcetera, L.L.C., ~
Herbert R. Pohl
SUBLEASE AGREEMENT
TENANTS, Out to Lunch, Inc., Laurie Tulchin and James P, Glasgow, hereby sublet
the rented premises at 1 '~8 S, Dubuque Street to Pohl Family Properties, Herbed R. Pohl
and Jim Poh! (Sub~enants), who hereby accept this Sublease Agreement and agree to
fulfill all terms and conditions of the Business Property L~ase attached hereto as Exhibit
"A" from the 1st day of November, 2000 and ending on the 30th day of September, 2004.
The rent shall be paid to the Landlord under the terms and conditions of said lease
beginning November 1, 2000 and a security deposit in the amount of $4,605.44 will be paid
by Subtenant to Landlord at the lime this Sublease Agreement is signed.
All parties agree as follows:
1. The rent shall be $4,605,44 per month from November 1, 2000 through
September 30, 2002. Beginning Odober 1,2002, the lease pa~,ments shall be adjusted as
set forth in the rent escalator at paragraph 31 of the lease (Exhibit 'A") using the dates of
June I, 1999 to June 'i', 2002 to determine the increase, which rent shall remain in effect
through September 30, 2004. In no event shall there be a decrease in rent.
2. Paragraph 33 of the lease (Exhibit "A") is amended so that the Subtenant's
share of taxes is 25% instead of 40%, and in all other respects said paragraph shall remain
as set forth in the original lease (Exhibit "A"),
3. Heating for the leased premises shall be paid 100% by Subtenant and
Subtenant shall be responsible for the cost of maintenance, repair and/or replacement of
the heating equipment for the leased premises.
4. Out To Lunch, [nc., Laurie Tulchin and James Glasgow, Tenants, agree to
hold Landlord harmless and indemnify Landlord with respect to the Blimpie lease and any
terms, conditions or requirements thereof. Laurie Tulchin has represented that she has
notified Second iowa Blimpie Realty Corporation and obtained its consent to this sublease,
5. Landlord consents to this Agreement, waiving none of the provisions of the
original lease unless otherwise specifically set forth in writing, and it is specifically
understood that the original Tenants shall remain responsible on the lease through
September 30, 2004 and that Laurie Tulchin, individually, and James Glasgow, individually,
personally guarantee the lease through September 30, 2004.
6. Herbert R. Pohl and Jim Pohl join in their individual capacities in this
Sublease Agreement of business property to personally guarantee all the terms and
~bligations thereof as those terms and obligations apply to the Tenant of the original lease.
UUI'L~'dUUU lnu us,u,~ ffl ~l'it' ~'a~% I~U, ,~l~ ,~bq Ub3~ f, u,D
7. It is acknowledged by all parties that the nature of Subtenants' business
includes both recorded and live music, dancing, and liquor consumption. It is further
acknowledged by all parties that Subtenants are aware that there are residential tenants
above the leased premises and Subtenants agree to take all reasonable and appropriate
measures so as not to use the premises in such a manner that may be intrusive or
disruptive to the residential tenants on the second and third floors of the building and to
take all reasonable and appropriate measures IQ Lqsut~he second and third floor tenants
from Subtenants use of t,~ main floor. '~s~lr, l-c./_~::~ l/~p:..~'
DATED this,Z//lday o,,2000.
OUT TO LUNCH, INC. TENANT POHL FAMILY PROPERTIES, SUBTENANT
B~ +' By
Herbed R. Pohl, Individually. SUBTENANT
Herbed R. Pohl, Individually, GUA~NTOR
,. Glasgo ' 'dually, GUA~N~ , ally, GUX~NTOR
Marc B. Moen, LANDLORD
Out TO Lunch, Inc. ~be Brimpie & Uncommon Grounds
May 27, 1996
To: Dean Oakes & Bob Barker
Re: Proposed lease changes at '118 S. Dubuque St.
PROPOSAL
I, Rent at $3,000 per month, affective April 1, lgg6 ~ilh no ~ent owad in
arrears.
2. Increase rent to $4,000 per month, effective July 1. 1997 with no rent owed in
arrears.
3. Increase rent to original lease agreement, $4,605.44 per month, effective
Oclober 1, 1999, with C.P.I. adjustments as per lease of Oct. 1, 1994.
4. We exercise our first five year option and hereby agree to stay at 116 S.
· Dubuque St. for a minimum of 'I 0 years.
5, We will install forced air furnaces in all 12 apartments at no charge to
Blackstone.
6. This accepted agreement will be accompanied by a check for $32,000
which covers all rent owed in arrears. :
AUTHORIZED SIGNATURE ,'[t[~au;, ' ' DATE (~- ">'( ~G
118 S. Dubuque Street Iowa CIty, IA 52240 Phone (319} 338-6210 Fax (319] 338-6107
THIS LEASE AGREEMENT, execuled in dupiicale, made and enlered inlo Ihis J2rch_,,_, day of
............ and
:L fiENTAL. Tunant ,lOrees Io p~y to t.andlortl as renlal for sal, I~,'m. as ~allow,: S ~_.~ EEE~h~ ~E~51tL~! ........
a TE ~IANT'S DUTY OF CARE AND MAINTENANCE. Tenanl shall crier laking possession el said premises and until the termination
sorvjceebro condillon excepl Ior slruclural paris OI Ihe'hullding. Tensol wlll'lurnlsh lie own Inlegor end exteiior decorating. Tenon[ wi not
limlgng Ibn generaIll el Ibe toregoing Tenant WIll make necessary repairs Io the sewer, · pru ?~b n~, he wa er pipes an elecErlcal
waist sewer gas. hash ilhe~fn~Tenan~sres~ns~bi~Ely)~e~e~dcity~p~wer~airc~nditi~nin~(gairc~ndi~nin IsiheTenanl'sres onsibllg ),
(c) ANITOR SERVICE shell be lurnlshed at Ihe expense of
(Landlord or Tansol)
10: (a) ALL REAL ESTATE TAXES excepl as may be olherwlse expressly provided In this paragraph 10, levied or assessed by lawlul
proporllons:by Landlord %;byTenanl~__%. See actached Addendure
(d) PERSONAL PROPERTY TAXES, Tenone agrees I0 llmely pa all te:~es, assessmania or olher ptebllc charges Envied or assessed by
lawful aethodiy (bul reasonably preser~ng Tensnt*s dgMs el appeal) aga~'nsl Jls personal property on 1he premises. during Ihe lerm el Ibis lease,
(e) SPECIAL ASSESSMENTS. Special assessmania shall be timely paid by Ihe parties in 1he lollowing propodions: by Ihe Landlord
I 1. INSURANCE. (a) Landlaid and Tenant will each I~eep gs res active properly Inleresls in Ihe premises end lie liability in regard tberelo,
and tile personal properly on the premises. reasonably insured aga[~sl Ilazards and casuailles; II~e~ is. fire end Ihose llama leeearly covered
b exlended coverage; and Tenant will procure alld dellve~ Io Ihe Landlord a cedirication hem Ihe respecgve [nsutance companies to glal
e~lech Such Insurance sha~l ba rllade payable Io gle po~lies hereto as their interssis may appear, excepl thai Ihe Tenanl's share el such
Insurance proceeds are beteb assigned and made payable Io Ihe Landlord Io secure renl or other obligations then due and owing Land~ord
by Tenant. [See also 11 (e) bej/owI .
(b) Tensol w~II not do or emil Ihe doing at any act wh[cb would vii[ale arty insurance or illcrease Ihe insureinca reins In ~orce upon
(c) Subrogallon righis are not. lo be waived unless e spech~l provision Is attached to Ih]s/ease.
(d Tenant tadher agrees Io comply wilb recommendaliens el Iowa Msurence Service Beau and o be abe o and o p o np y pay as
· 11 cu~ren~ rental any increase in insurance rMes on said p eralees end on he bud ng o which said premises are apa I dle o increased
~- ~isks or hazards resulUng from Tenani's use at Ibe premises olhelwtse 1hen as betsin conlempffiled and agreed. '
(e INSURANCE PR OC EEDS, Landlord shall eelIts and ed usl any c/sin1 a sins any nsu once company under lie sad pericles o nsu once
lof damaged building, If tbe deslruc~ion h[ j partial, ISee else 11 (a), above]
12. INDEMNITY AND L{ABILITY INSURANCE. Exce I as Io any neDIt enee el Ihe Landlord, at[sing oul of rool and SlrUChlrQI paris or
less Ihan~ZP~rJilO~_~ 2,r)~., ~- ~ [or any one person inJure~, aJ~cl ~ S] .~DD. Q0 ~or any one accident,
21 RIGI~TS CUMULATIVE. TIle various ~ighls powers oplio~ls eleclions and rollladies OZ either parly, provided In HiIS lease, shall be
conelined as cumuralJve and no one of Ihem as exclusive or'ills OIh~'rs or axdusk, e el any righis remedies or priorilies allowed either pady
Isnyohelrmehodo no yingapa ylnwd n(3o reek ademan~'ofohefcommunl'calon eL'~hmssea ashallbeconslderedOlvanunder
Ihe letins el this lease when eenl addressed aa obov~ncigeslgnated poslage prepaid t/y regfslered or cerl~led mall. return racelpl requasled,
23 PROVISIONS TO RIND AND RENEF T SUCCESSORS ASSIGNS ETC, Each and eveP/covenanl and agreemenl h~reln contained
27. Se~ attached Addendum. ...
27A. Tenant shall assume the obligation of furnishing the ~wo',
Nlllioo Do'elar combined single l'imt(: coverage required of
Landlord under pa=agraph 18 o~ the Lease between Dean G.
Sakes and Barker Development Company and SecOnd I'owa B.ltmpie
Realty Corp,
/
h.
· ,~;'.~T:--~¢'.. 'r ,~;.'-~'-'L~ .. ~. ,~. ,: ,v .'.'
,,: : ~..-,............,~....-., .-...':2;;.5~:-::.:"....
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~ t' ':'-:.:f:'~%~2; ,-'-
~ ~! ~ ~ ",' ....... ' ........ G'''~ ..... ","
~ __~ ~ ~ ~ .......~,...,:~,~ .......~..;..? ~,-,...-
~ ~ ~ =D ~ ~ :": ':. ~ ..... :: ~' ','
,s ·
, ,,, , , , , ,,
~ FLOOR P~N
dl~ G~W ~N~U~ON ,SUMPIE: ....... ~,889 · ~hu~'~ ~ ~ ®
3291 OUBUOUE S~- NE ~. CEN~L VAC. I 08
~OWA C~. ~A ~2~40 2. ~UORESC~T LIGHTS ON RHEOSIAIS UNCOMMON GROUNDS 5 ~ . ~. ~
~ ~s)~n, ~,-~ 3. BUZZER AT ~CK ~R FOR DEUVERiES TOTAL: 2,974 S.F.
~ ~ ~t-~m 4. S~(U~ V~OR FOR BACK ~OR ,~[ m~u~ ~a7 S.F. ~ R~ RO~S.
ADDENDUM TO LEASE-BUSINESS PROPERTY DATED
JA/~UARY 12, 1995, BY ]~ND BETWEEN.
DEAN G. CAKES ~/qD BARKER DEVELOPMENT COMP~Y,.AB L~aqDLORD AND
OUT TO LUNCh, INC., LAURIE TULC~IN, ~/qD J}a4ES P. GLASGOW,
AS TENANTS
27. ADDENDUM SUPERSEDES FOP_M, The additional provisions of this
Addendum to the Lease-Business Property by and between the above-
named parties shall supersede and replace any inconsistent provi-
sions of the four page Lease-Business Property form.
28. LEASE SUBJECT TO BLIMPIE LEASE. Lendlord add Tenant ac-
knowledge that this Lease is to be construed as a "master lease"
and is subject to a separate lease by and between Landlord and
second Iowa Blimpie Realty Corp., which lease is for a portion of
the premises and is being subleased to Out to Lunch, Inc. Land-
lord agrees that any payments made pursuant to the "Blimpie"
lease shall be credited to the payments required under this mas-
ter lease. Tenant agrees to hold Landlord harmless in regard to
the Blimpie lease and to comply with any additional terms and re-
strictions contained therein.
29. RENTAL PAYMENTS. Landlord and Tenant agree that there is no
rent owed for the period from October 1, 1994 through December
31, 1994. The monthly rent fqr the period January 1, 1995
through March 31, 1995, shall be $2,500.00 per month. The
monthly rent for the period April 1, 1995 through May 31, 1995,
shall be $2,950.00 per month. The full monthly Tent of $4,605.44
shall be effective June 1, 1995 and shall continue through Sep-
tember 30, 1997. Thereafter, the monthly rent shall be adjusted
as provided in Paragraph 31 herein.
30. OPTION TO RENEW, Tenant shall have an optio~ to renew this
Lease-Business Property for three (3) five year option terms be-
ginning October 1, 1999, provided that all of the following terms
and conditions are met:
(s) For each option period, notice of the exercise of this
option must be given on or before August of the year in which the
option term is to begin.
(b) Tenant shall not be in default under the terms of this
Lease at the time of the exercise of said option or at the time
of the beginning of the option period.
'31. RENT ESCALATOR. Throughout the term of the Lease-Business
Property, the rent shall be increased every. three years beginning
october 1, 1997 and continuing on october I of every three years
thereafter as long as the lease, including any option terms, re-
mains in full force end effect. On any such date, the base rent
shall be increased by 100% of the respective percentage change in
the Consumer Price Index for All Urban Consumers, All Items, U.S.
city Average (hereinafter "Consumer Price Index") from June 1,
1994 to June 1 of the year in which the increase is to be effec-
tive, with this percentage increase to apply until the next
scheduled increase date. The Consumer Price Index will be the
index published by the United States Department of Labor Bureau
of Labor statistics or its equivalent. In any event, the
crease shall not exceed 5% over the previous year's rent during
any adjustment period, thus for a three (3) year lease period to-
tal increase Would not be more than 15% or 5% for each year dur-
ing the three year period.
32. HEAT EXPENSE. In addition to the base rent provided herein,
Tenant shall, effective October 1, 1994, pay 33% of the heating
expense for the entire building which payment shall be prorated
by Landlord and paid directly to Landlord within ten (10) days of
receipt of a billing therefore. Landlord shall be responsible
for 67% of the cost of maintenance, repair and/or replacement of
the heating equipment. Tenant shall be responsible for the re-
maining 33% of said cost.
33. ~EAL ESTATE TAXES. Also throughout the t&rm of this Lease-
Businezs Property, Tenant agrees'to pay Landlord 40% of the real
estate taxes assessed against the entire building locally known
as 118-122 S. Dubuque Street which real estate taxes will be pro-
rated effective April 1, 1995 and such taxes shall be based upon
the actual taxes assessed against the building during the term of
the Lease-Business Property. Landlord shall compute the Tenant's
portion thereof and shell submit billings showing the prorated
portion to the Tenant and payments shall be mede on or before
September 15 and March 15 of each end every fiscal year in which
Tenant has any obligation hereunder. This obligation to pay a
prorated share of the real estate taxes shall continue beyond the
term of the lease since said taxes are billed and paid in ar-
rears. The proper amount shall be prorated both ~t the beginning
and upon the termination of the lease.
34. PER$ONAL GUARANTIES. James P. Glasgow and Laurie Tulchin
join in their individual capacities in this Lease-Business Prop-
erty to personally guarantee all Of the terms and obligations
thereof as those terms and obligations apply to the Tenant
herein.
Tu~ President Robert G. Barker, President
t · 'san G. Oakes, Individually
idually' ' D
Individually
Q:\Jc\jcl\21b2789.rst
Iowa Code 1999SUPPLEMENT: Section 123.30 '~"'~' ~! Page I of 3
123.30 Liquor control licenses--classes.
1. a. A liquor control license may be issued to any person who is of good moral character as defined
by this chapter.
b. As a condition for issuance of a liquor control license or wine or beer permit, the applicant must
give consent to members of the fire, police, and health departments and the building inspector of
cities; the county sheriff, deputy sheriff, members of the department of public safety, representatives
of the division and of the department of inspections and appeals, certified police officers, and any
official county health officer to enter upon areas of the premises where alcoholic beverages are
stored, served, or sold, without a warrant during business hours of the licensee or permittee to inspect
for violations of this chapter or ordinances and regulations that cities and boards of supervisors may
adopt. However, a subpoena issued under section 421.17 or a warrant is required for inspection of
private records, a private business office, or attached living quarters. Persons who are not certified
peace officers shall limit the scope of their inspections of licensed premises to the regulatory
authority under which the inspection is conducted. All persons who enter upon a licensed premises to
conduct an inspection shall present appropriate identification to the owner of the establishment or the
person who appears to be in charge of the establishment prior to commencing an inspection; however,
this provision does not apply to undercover criminal investigations conducted by peace officers.
c. As a further condition for the issuance of a class "E" liquor control license, the applicant shall post
a bond in a sum of not less than five thousand nor more than fifteen thousand dollars as determined
on a sliding scale established by the division; however, a bond shall not be required if all purchases of
alcoholic liquor from the division by the licensee are made by cash payment or by means that ensure
that the division will receive full payment in advance of delivery of the alcoholic liquor.
d. A class "E" liquor control license may be issued to a city council for premises located within the
limits of the city if there are no class "E" liquor control licensees operating within the limits of the
city and no other applications for a class "E" license for premises located within the limits of the city
at the time the city council's application is filed. Ira class "E" liquor control license is subsequently
issued to a private person for premises located within the limits of the city, the city council shall
surrender its license to the division within one year of the date that the class "E" liquor control
licensee begins operating, liquidate any remaining assets connected with the liquor store, and cease
operating the liquor store.
2. No liquor control license shall be issued for premises which do not conform to all applicable laws,
ordinances, resolutions, and health and fire regulations. Nor shall any licensee have or maintain any
interior access to residential or sleeping quarters unless permission is granted by the administrator in
the form of a living quarters permit.
3. Liquor control licenses issued under this chapter shall be of the following classes:
a, Class '~t". A class "A" liquor control license may be issued to a club and shall authorize the
holder to purchase alcoholic liquors from class "E" liquor control licensees only, wine from class "A"
wine permittees or class "B" wine permittees who also hold class "E" liquor control licenses only, and
native wines from native wine manufacturers, and to sell liquors, wine, and beer to bona fide
members and their guests by the individual drink for consumption on the premises only.
http://www.legis.state.ia.us/IACODE/1999SUPPLEMENT/123/ 5/2/01
Iowa Code 1999SUPPLEMENT: Section 123.3 Page 3 of 5
substance capable of producing a beverage containing more than one-half of one percent of alcohol
by volume and includes blending, bottling, or the preparation for sale.
23. "Package" means any container or receptacle used for holding alcoholic liquor.
24. "Permit" or "license" means an express written authorization issued by the division for the
manufacture or sale, or both, of alcoholic liquor, wine, or beer.
25. "Pers~n" means any individua~~ ass~ciati~n~ ~artnership~ c~rp~rati~n~ c~ub~ h~te~ ~r m~te~~ ~r
municipal corporation owning or operating a bona fide airport, marina, park, coliseum, auditorium, or
recreational facility' in or at which the sale of alcoholic liquor, wine, or beer is only an incidental part
of the ownership or operation.
26. "Person of good moral character" means any person who meets all of the following
requirements:
a. The person has such financial standing and good reputation as will satisfy the administrator that
the person will comply with this chapter and all laws, ordinances, and regulations applicable to the
person's operations under this chapter. However, the administrator shall not require the person to post
a bond to meet the requirements of this paragraph.
b. Theperson is not prohibited by section 123.40 from obtaining a liquor control license orawine or
beer permit.
c. Notwithstanding paragraph "e", the applicant is a citizen of the United States and a resident of this
state, or licensed to do business in this state in the case of a corporation. Notwithstanding paragraph
"e", in the case of a parmership, only one general parmer need be a resident of this state.
d The person has not been convicted of a felony. However, if the person's conviction of a felony
occurred more than five years before the date of the application for a license or permit, and if the
person's rights of citizenship have been restored by the governor, the administrator may determine
that the person is of good moral character notwithstanding such conviction.
e. The requirements of this subsection apply to the following:
(1) Each of the officers, directors, and partners of such person.
(2) A person who directly or indirectly owns or controls ten percent or more of any class of stock of
such person.
(3) A person who directly or indirectly has an interest often percent or more in the ownership or
profits of such person.
27. "Publicplace" means any place, building, or conveyance to which the public has or is permitted
access.
28. "Residence" means the place where a person resides, permanently or temporarily.
29. "Retail beerpermit" means a class "B" or class "C" beer permit issued under the provisions of
http://www.legis.state.ia.us/IACODE/1999SUPPLEMENT/123/ 5/2/01
85/83/208~ 67:20 515245542~ P~GE
IRM
FAX COVER S~F~,gT
TO: Ma~ ~rr - Iowa Ci~ Clerk
J.D. Hamrig
Do~tewn Iowa Ci~ Etmera, LLC
Liquor Lice~e Appli~on
DA~: 5/02/01 ~: 8:50
PAGES ATI'ACE[ED (EXCLUDING COVER SHI~ET) 1
The original will be mailed.
The original will not be mailed. X
MESSAGE:
Ms, Kaff: AC~ea visiting with JOhnROll County Attora~-y Pat White and others
regarding the dcflni~ima of an "irldirect interest... in any otker liquor, wine or bccr
retail licenses" (contained in question 6-3 on the liquor license application) we arc
submitting the following revised explanation of our client's indirect interests in same.
Please subslitute the attached for the o~n~l cxplanalion for question 6-3 which was
included with the applicatio~ If you have any questions or commen~s, please do not
hesitate to call. Thank you.
PLEASE DELIVER
CONFIDKN'FIALITY NOTICE.' Z'k~
05/03/2881 87:20 5152455421 PAGE 02
Revised Attachment for 6-3
Herbert Pohi has the following "indirect interest" in other liquor, viino or beer.
retail licenses:
1) Paneheros Restaurant. Herbert Pohl and his wife have an interest in a
company known as L't~e Donkey, Inc. which sells Pancheros Restaurant fnnchises.
Heber~ Pohl is on the board of directors and his wi/e is a shareholder. Tlie Po~s'
daughter, Jennifer, is a shareholder in the Iowa City and Cedar Rapids Panchero's
fi'nnchises which both hold liquor licenses.
2) Downtown Iowa City Entertainment, LLC. Herber~ Pohl serves as a
consultant to Downtown Iowa City Entertainment, LLC, which operates two licensed
establishments in Iowa City - "The Union" and "Malone's". Downtown Iowa City,
LLC is owned by the applicant's children: Jim Pohl (60%), Jeffrey Pohl (20%-) and
Jennifer Pohl (20%) and m02mged by Jim Pohl.
Of:rice oE the
~ FEbnee MIn~l
Johnson County
OWA IOWA
~D.~
u.v~
· 0: ZO~ CL~y CL~y Cou~cL1
~lldSup~
RE: Etcetera license application
FROM: J. Patrick White
Johnson County Attorney~
This supplements my memorandum of yesterday conditionally
recomending approval of the license application. That m~o
mentioned that I expected a more complete list of offenses would
be provided in response to Question 7-3.
The applicant faxed me a copy of the application which
listed three offenses for Mr. Rooney. I believed that to be
incorrect based on our review of the clerk's records. Attached
iS a copy of the research done by our legal assistant.
Based on that records search I was concerned whether Mr.
Rooney was truthfully applying. He agreed to meet with mc today
to discuss my concerns. He was open, candid to the best of my
Judgment and apologetic for his oversight.
The omitted items were all simple misdemeanors. Most of
them he acknowledges. Two of the traffic items he does not seem
to recall and actually wonders about the accuracy of. In any
event, we discussed carefully the p~lic intoxication, disorderly
house and obstructing charges. These were, not surprisingly, all
youthful and involved alcohol.
Today I find Mr. Rooney to be obviously older, more mature
than the offender of 4-8 years ago and comitted, at least to all
appearances, to abiding by the law.
I ~ satisfied that Mr. Rooney is capable of following all
legal requirements for the establishsot. Based on our
discussion and the fact that now at age 27 the conduct which was
seen between ages 19-23 appears over, I continue to recomend
that the license be approved.
As a factual update, Mr. Pohl and Mr. Wernimont turned
themselves in to the Iowa City Police Department, as agreed, at
4:00 A.M. today for processing on their serious misdemeanor
charges. They were booked at the Johnson County Jail and had an
initial appearance at 8:00 A.M. They were released b the court
and now await my filing ~f trial infomations.
08Z-d ZO/IO'a ZZZ-I 6kLgES;61£ A]N~OIIV AINR03 NOSNHOr-mo~J md9~:~O LO-ZO-~eR
Johnson County
Attomey's Office
TG: J. Patrick White
From: Paula L, Gibson
nat o5/01/01
R~ R~n R~ney, DOB; ~-73; SSN: 48~8-7626
I have pulled the following information on Ryan Rooney from the Clerks Office Computer system.
Case Number Disposition/Date Violation Amount Due
NTIC051379 Guilty/2-96 321,216 (Unlawful Use) 0,00
SMSM001211 Guilty/11-93 123,46 (Public Intox) 0,00
SRCR045052 DIsmissed/2-98 708,2(2) (ACI) "282,87
SRCR057404 Open 708,2(2) (ACI)
STIC076704 Guilty/3-98 321,98 (OI3erating w/o Rag) 0,00
STWG997275 Guilty/6-98 321,174 (Operating Cornre, Vehicle) 0,00
ICSMSM004135 Guilty/7-g4 IC 8-5-5 (Disorderly House) 0,00
ICSMSM007942 Guilty/6-95 IC 9-5-5 (Disorderly House) 0,00
ICSMSM009073 Guilty/9-95 IC 8-3-C (Obstm~ng) 0,00
ICSMSM0'i7133 Guilty/8-97 IC 8-5-5 (Disorderly House) 0,00
ICSTIC067948 Guilty/6-97 IC 9-2-3 (Failure to Obey Traffic Signal) 0,00
ICSTIC067949 Gulity/6-97 IC 9-3-1 -A (No valid DL or registration} 50,00
TOTAL $332.67
The amount reflected SRCR045052 constitutes indigent attorney fees due for $256.98 and an
additional Cent'el Collections Unit service charge of $25.69. SRCR045052 was dismissed following a
plea agreement whorein Ryan agreed to pay victim restitution.
The pending Assauit Causing Injury charge is the result of bar fight, Ryan Rooney was woddng at
Malone's and with co-defendant's removed the victim from the bar after he punched or kicked at other
patrons, Mr. Rooney and co-defendants pushed the victim who then fell back Into a car window that
broke. The victim suffered cuts above his eye requiring stitches,
I have attached copies of the dispositions of the serious misdemeanor charges. Lerisse is pulling the
simples for me but indicated that they might not have copies of the simples before 1998, I will
supplement this memo as soon as I have copies from her.
· Page 1
08Z-d Z0/Z0'a ZZZ-I 6klgBSS61£ AgN~0~IV A~NR03 N0SNH0r-m0~d mdgk:k0 10-Z0-xefl