10/24/1972 Meeting - Laserfiche WebLink

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laws in requiring this affidavit. Ms. Anderson referred to the OLCC suggestion that a recommendation for denial on the basis of discrimination may be taken into consideration in issuance of new licenses and wondered how they could differentiate between new licenses and renewals. Mr. Owens stated that the Supreme Court did not hold that it is unlawful . to refuse to issue. a license on the basis of discrimination. He said any refusal of service on the basis of discrimination can be considered immoral, one of the criteria on which the OLCC may refuse an applicant's license. He said the Council would be in- consistent in its action in creating the Human Rights Commission if it were not to en- courage equal treatment in its recommendations on issuance of liquor licenses. Maynard Wilson, attorney representing several non-profit clubs, said the affidavit re- quirement would not be effective in light of most recent court decisions which hold that the Liquor Commission does not have any authority to deny licenses on the basis of racial discrimination. He said he would oppose the resolution on legalities and in- effectiveness of the requirement. In answer to Councilman McDonald's question as to basis of discrimination included in the proposed affidavit, Manager said it reads on the basis of race only. Councilman Mohr said it was his understanding that court decisions mentioned by Mr. Owens referred to State agencies as exclusive licensing authority and not to municipali; ties as the licensing agents. Mrs. Campbell commented on profit-making aspects of private clubs in the sale of liquor, and the tax exempt status due to their social services. Mr. Wilson said such "profit" e is necessary to meet operating expenses and to support programs such as eye and dental clinics and varmous other charitable services which dues will not cover, depending upon the .club and organization. He said the tax exempt status applies to those organizations because of those programs and activities, and has nothing to do with segregation or discrimination. I Mayor Anderson brought the discussion back to the major issue of whether an affidavit on non-discrimination would be requisite to a favorable recommendation for issuance of liquor licenses. He reminded the Council that the proposed affidavit would apply to both profit and non-profit organizations. In response to question from Councilman Bradshaw, Mr. Owens read a portion of the ordi- nance creating the Human Rights Commission with regard to its duties in co-operation with City officials to provide opportunity for equal treatment to all from holders of City licenses, contracts, and privileges. Mr. Bradshaw said issuance of liquor licenses to private clubs is undoubtedly a privilege, but the subcommittee was concerned about the legality of requiring the affidavit. He said there appears to be question about the OLCC's consideration of a Council recommendation on the basis of discrimination, but in making such a recommendation the Council would at least have stated its position. Councilman Mohr said the duties of the Human Rights Commission are directed to those . areas where the City has direct control and the City does.have clauses in its contracts and licensing procedures with regard to non-discrimination. But the judgment in this instance, he said, is how to move most effectively in an area where the City does not have direct control in the issuance of a license or priv~lege; whether a moral judgment ca~ be backed up with "muscle." Councilman Williams said the issue in question is one of a citizen's right to assemble guaranteed by the Constitution. He sai0. that right would be abridged if the privilege of drinking in assembly is denied, and that the proper approach if a change in the guarantee of the right to assemble is wanted is to amend the Constitution. Mrs.'Beal felt the affidavit requirement would be an extension of the Human Rights ordinance and proper inasmuch as it would apply to both private and public dispensers. She said it would at least be laying the groundwork for possible changes in OLCC laws which will probably be before the next legislative session. Councilman Hershner said it.is true the affidavit would apply to public as well as private organizations, yet throughout discussions before this Council and the subcommittee it has seemed to be aimed at private clubs such as the Elks, Moose, and others. However, he said, his concern is with the freedom to join into a group of one's own choosing, arid the effectiveness of this Council's position in its recommendations to the OLCC. If this . resolution is adopted and a liquor license is submitted without this affidavit, and there are other reasons for which the Council may wish to give the OLCC a recommendation to - deny the license, then Mr. Hershner felt the Council's recommendations would be com- pletely ineffective so far as the OLCC is concerned. . Mr. Mohr moved seconded by Mr. Williams to table Resolution 2114. Mot.ion defeated, Councilmen Mohr, Teague, Williams, and Hershner voting aye; Co'uncilmen Beal, McDonald, Campbell, Bradshaw and Mayor Anderson voting no. 30e - - ~- -- ." lOj24/72 ~-.-,3 .e;