Local attorney Jim Harris is claiming the city of Blytheville altered the Lamar's Room business application, after it had been approved.
Lamar's Room owners Deanthony Perry and Deon Mouton asked the city for a business license that would allow them to run a studio and have get-togethers, family reunions, parties and music at the Fifth Street business.
Thursday, Harris told the Blytheville Police and Fire Committee, after the original document had been approved, the city scratched out everything but a studio, changing what type of business his clients could run without them signing off on it.
He said there is nothing illegal about any of the requests.
"My client's testimony will be that he didn't change anything on this document," Harris said.
Judy Andrews, who issues the business licenses, was not available for the meeting.
However, city attorney Mike Bearden said the city only granted a license for a studio.
"The change was made in their presence," Bearden said. "He has given Mr. Harris a copy before Judy marked through all the stuff that they put down that they wanted. She said that can't be allowed."
Harris said the changed document has a "DP," but Perry did not initial it.
"It certainly doesn't look like the same initial," Harris said, noting he would get a forensic expert in court if necessary.
Councilwoman Carol White said the Council's job is to deal with policy and procedure; it is the court's job to determine who is telling the truth.
"We approved it; the city approved it," White said. "Then they went back and changed it. There is a burden of responsibility for the city that if they changed this they had to go back to the person who originally signed it. I would like to know when the person changed this, what was the purpose of changing it? If the person has that, then we need to look at the ordinance that puts us on safe ground. Right now, I feel there is a liability here of not going back to the person who originally signed it."
Blytheville police chief Ross Thompson cautioned Council members about rendering opinions on the issue because of a pending criminal case.
Thompson said police have an arrest warrant, alleging violation of the business permit city ordinance.
"There needs to be no presumption that we have procedurally done anything wrong," Thompson said.
Police investigate
On July 25, police entered Lamar's Room after they say they received numerous complaints of disruptive crowds and underage drinking.
Officers could smell the odor of marijuana and located several remnants of marijuana joints and empty alcohol bottles, Thompson said in a July press release. Most of the people in attendance were under the age of 21, several were 12, 13, and 14 years old, with one person identified as age 10, he said.
Lamar's Room owners have argued the business is a safe place, where kids can hang out and have a good time.
Harris told the Police and Fire Committee there were no curfew violations or "numerous" fire code violations as Thompson wrote in a July press release.
He said the fire code violation was for locking the door, which could be easily fixed, and the fire marshal has said the business can hold up to 324 people safely.
Harris said his clients were not serving alcohol, but acknowledged some had been brought in without the business' knowledge.
"There was two half-pints of alcohol," Harris said. "Just like I told Ross, go to Malco at 9 o'clock and do a raid in the Malco Theater or anywhere and see how many half-pints you find."
License revoked
Harris added before a city can revoke a business license, as it did Lamar's Room's, there must be a 10-day notice and hearing.
Blytheville Mayor Barrett Harrison noted Perry surrendered the business license, voluntarily, then threw a party at the business, afterward.
Ordinance amended
At the August Council meeting, the Council amended the business license ordinance to read: the application must include "the exact type of business to be conducted and the physical location of the business."
Councilwoman Shirley Connealy said businesses similar to Lamar's Room have been spots found to have 10- and 12-year-olds surrounded by drugs and underage drinking.
Harrison added businesses have complained of vandalism and other problems in the past, linked to the events. He said the restaurant across the street, El Puerto, and pedestrians and drivers alike have called in complaints.
Harrison noted there are zoning and other factors to consider when granting a business license.
He added if a business becomes a nuisance, the City Council has a right "to get in the middle of it."
How do you get a
dance hall license?
Harris asked what must a law-abiding citizen do to get a business license for a dance hall?
"You put down that you want to have that, not just a studio, which is what they told Judy Andrews," Bearden said.
Harris then asked about having both a dance hall and a studio.
White said there must be some type of license because the American Legion has events, and there are reception halls in town.
"We as a city need to tighten up the way we operate our businesses," White said. "As long as we are broad, we are always open to disagreement. This shows we do need something to avoid looking at favoritism, to have a criteria you can check out. We can attach it to a sheet and give it to them."
She added one person should not make the decision on their own discretion and wants to see "criteria that you use to govern making decisions for different people."
Bearden said he doesn't know what criteria Andrews uses to grant business licenses.
"You've got to treat people fair, and I think these boys have been treated unfairly," Harris said.
Hearing request
Meanwhile, Council members did not set a hearing for the former Blytheville District Court clerk who said she was forced to resign.
Lanina "Nina" Watson asked to rescind the resignation on July 21 and be rehired with a lateral move to another department with the same pay and benefits.
Bearden said Watson was a friend, but allowing the hearing would set a dangerous precedent for those terminated by the city, which is an at-will employer, like the rest of the state.
Only police officers and firefighters have a right to an appeal.
"If I thought it wouldn't be a terrible precedent, I would say, hear it," Bearden said.
Harris said a forced resignation is different than a termination, and it would not set a precedent.
Police and Fire Committee chairman Mylas Jeffers said the city always follows Bearden's legal advice.
"Case closed," Councilwoman Shirley Overman said.
Harris said there would not be a lawsuit because the city is under the at-will umbrella.
"I'm putting on record right now, I'm bothered how we do business in this city," White said. "We hire. We don't list jobs. We hire family. We hire friends. We do not make it fair for everybody. We don't hold rules to everybody. We have some folks we give preferential treatment to. I think that's wrong. I think it's unfair. I'm talking about across the board. This is one example (Watson)."
mbrasfield@blythevillecourier.com