10/24/1972 Meeting - Laserfiche WebLink

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- - . ....... --~...-:..,. '--, , .-- ~-_.- ---- ..;..--- ---- ."_._---.- -~-- 'Councilman Hershner, member of the subcommittee, said his understanding of the re- ,quest was not just non-profit or private clubs but that non-discrimination would be :a criterion for the granting of any liquor license, business or otherwise. I There was further discussion wi th regard to presenting legislation at the State . level for inclusion of non-discrimination as requisite to issuance of liquor li- ,censes, possibility of revoking property tax exemptions for those institutions Iwhich discriminate in membership and services, the reasons for those exemptions, consti tutional protection of right of free assembly, method of achieving non- discrimination wi thout infringing on that right. Dean OWens, member of the Human Rights Commission, said he drafted the original resolution presented to the Council and feels strongly that it should be adopted. He said it was the intent of the Commission to put all available legal pressure on liquor licensing procedures in the community. He said he would challenge the City Attorney's opinion that Council's recol111llendation to deny licenses on the basis of discrimination would be illegal. Mr. Owens said the Commission in in- i ve.stigating guidelines for issuance of liquor permits fel.t that any applicant could be considered morally unfi t if he discriminates and therefore could be denied a license. He further stated the Council should adopt the resolution requiring an affidavit of non-discrimination to be consistent with its already adopted policy I ,of equal rights in creation of the Human Rights Commission. Mrs. Beal expressed the opinion that adoption of the affidavit procedure and recommending. against licenses on the basis of discrimination may not have legal . bearing on the Liquor Control Commission's action, but is a moral obligation on the part of the Ci ty and would in time have effect on the Liquor Commission's decisions. Mrs. Beal moved seconded by Mr. Bradshaw to adopt the original resolution submitted by the Human Rights Commission requiring non-discrimination affidavit from liquor I license applicants. , CounCilman Williams pointed- out that there- was only one vote in. the-.sUbcoriiinittee against presenting its report to the Council; subcommittee took action against adoption of a resolution which would call for legislation repealing property tax exemption for private clubs which discriminate in their membership and services. He said copies of that resolution would be made available to Council members if desired. It was understood copies of the resolution presented initially by the Human Rights Commission would be distributed to Council members.. Councilman Hershner indicated he would have to leave the meeting in view of the ! time, but asked l}.ow the Council's recommendation against issuance of a license is I transmi tted to the OLCC in the event an affidavi t is not signed by an applicant - . whether it would be confused with or detract from other reasons for recommending 1 denial. Manager said normally a letter of transmittal is forwarded to OLCC as . Iwell as minutes of Council meeting on that particular issue. I Councilman Mohr said the subcommi ttee' s report indicated its attempt to find a . method whereby the City Council would have authority to make decisions on dis- criminatory practices, not just passing its moral judgment in an attempt to af- fect another agency's decision. He suggested holding action on the motion to adopt the original resolution until the formal Council meeting. Comm 10/11/72 Question was called for and vote taken on the motion as stated. Motion carried, Pub Hrng Mrs. Beal, Mrs. Campbell, and Mr.Bradshaw voting aye; Messrs. Mohr and Williams voting no. Resolution No. 2114 - Requiring affidavit re: Non-discrimination in service and member- ship for affirmative recommendation for liquor license applications, was submitted. Manager reviewed presentation of the Human Rights Commission request for affidavit require- ment, referral to Council/Human Rights subcommittee, and Council action at committee-of-the- whole meeting (see committee minutes October 11, 1972 above). Bobby Edwards, chairman of the Human Rights Commission, asked adoption of the resolution, saying the affidavit requirement would be a step in eliminating discrimination in this one . area - service and membership requirements in private clubs. Molly Anderson and Dean Owens, members of the Human Rights Commission, urged adoption of the resolution. Ms. Anderson said that private clubs which allow members to bring guests and which serve weddings and receptions, luncheons, bridge clubs, etc., cannot be considered pri vate clubs, and should not be a.l?le to circumvent the law on discrimination. She said it is difficult to find supportive law in this instance, but there is no conflict with existing 307 lQ/24I12 .,... T ~