File #: 14-127    Name: Lucky Gem Appeal
Type: Agenda Item Status: Approved
In control: City Council Regular Meeting
On agenda: 2/4/2014 Final action: 2/4/2014
Title: Consider/Discuss/Act on an Appeal Denial of a Gaming Permit for Lucky Gems
Attachments: 1. Lucky Gems Appeal Request
Title
Consider/Discuss/Act on an Appeal Denial of a Gaming Permit for Lucky Gems

Summary

MEETING DATE: February 4, 2014

DEPARTMENT: City Attorney
City Secretary

CONTACT: Mark Houser, City Attorney
Sandy Hart, TRMC, MMC, City Secretary


RECOMMENDED CITY COUNCIL ACTION:
* Consider appeal of denied Gaming Permit Application

ITEM SUMMARY:
* On or about December 26, 2013, Sawsan G. Boutros submitted a gaming permit application for Lucky Gems.
* On December 31, 2013, the gaming permit application for Lucky Gems was denied due to monies owed to the City for her delinquent water bill account.
* The applicant's payment history reflects a pattern of non-payment/late payments and an ongoing indebtedness to the City.
* Chapter 22-23(b) of the City Code specifically states that "The city secretary shall not issue or renew a permit under this article and shall suspend or cancel a permit if it be determined that the applicant or permittee is indebted to the city for any fee, costs, penalties, or delinquent taxes."
* On January 2, 2014, Sawsan G. Boutros filed an appeal with the Municipal Court to overturn the denial.
* On January 2, 2014, Ms. Boutros paid the outstanding water bill account balance of $188.36.
* On January 9, 2014, Judge Roger Dickey affirmed the decision of the City Secretary.
* On January 14, 2014, Sawsan G. Boutros appealed to the City Council to overturn the denial.
* The appeal process is outlined below in Section 22-25 of the City Code:
"If the city secretary refuses to approve the issuance of a permit or the renewal of a permit to an applicant, or cancels a permit issued under this article, this action is final unless the applicant or licensee, within ten days after the receipt of written notice of the action, files a written appeal with the judge of the municipal court, who shall, within ten days after the appeal is filed, consider all the evidence in support of or against the action appealed, and render a de...

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