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Allied Resources, Ine. P.O. Box 7212 Portland, ME 04112 January 15, 2011 Gary C. Wood, Esq. Mr. Joseph Gray, Corporation Counsel City Manager City of Portland City of Portland 389 Congress Street 389 Congress Street Portland, Maine Portland, Maine Mayor Nicholas Mavodones and Members of the Portland City Council City of Portland 389 Congress Street Portland, Maine SENT BY E-MAIL. Re: Renewal licensure for The Cactus Club 416 Fore Street Dear Mr. Wood, Mr. Gray, Mayor Mavodones, and members of the City Couneil: ‘The State’s Dismissal of the Alleged Six Administrative Violations Please find attached to this letter the State’s Dismissal Order dismissing the allegations of six administrative violations of March 12, 2010 which are referred to by the police department in the Annual Liquor License Review of the Cactus Club, In light of this newest development, we would respectfully ask that the hearing scheduled for January 19", be removed from the agenda and that the license renewal for Cactus be granted. Or, at the very least, be postponed until February so my previous requests restated in our January 11" letter can be met. As we have re-enforced in our previous correspondences and as supported through precedents already set and established by the City; to allow for any unadjudicated liquor regulation violations to be presented as testimony and/or even heard in any capacity is a direct violation of our due process rights and irrevocably taints the entire process. To think that any such unsubstantiated allegations which contain multiple levels of hearsay would be even considered in this process speaks volumes of how little else the police department has to discuss in this proceeding. AS one reviews the alleged calls for service log detail, it becomes appareat very quickly by any reasonable person that there is NOT MUCH going on here. There are a couple alleged incidents that can easily be explained and/or attributed to other next door businesses and not the Cactus Club. None of the calls presented resulted in any form of criminal prosecution and some are initiated by the business itself and as discussed previously with the police department and the Chief himself, “No calls for service initiated by any bar will count against them when it comes time for their license review. Ifthe police department wanted to perform this process fairly and without bias they ‘would analyze, compare and contrast the Cactus Club’s calls for service to the rest of the other bars and taverns in the area and this would be standard protocol and practice for liquor license reviews. If this analysis was conducted, they would find that we perform extremely well and that we are not a business that should even be considered to be shuttered and have real people’s jobs lost. However, why have a fair, unbiased analysis and review when one has a pre-determined agenda? Please let me again assure you that between now and our public hearing, The ‘Cactus Club will be run safely and peaceably. Sincerely yours, y AM Thomes Manning STATE OF MAINE CUMBERLAND, SS DEPARTMENT OF PUBLIC SAFETY LIQUOR LICENSING, Plaintift v. ALLIED RESOURCES, IN d/b/a CACTUS LOUNGE. Defendant DISTRICT COURT LOCATION: PORTLAND DOCKET NO. AP10-355 MOTION TO DISMISS. Now comes counsel for the Department of Public Safety and respectfully requests that the above entitled matter be dismissed because the Department is unable to locate two key witnesses, This matter is currently scheduled for Wednesday, January 26, 2011 at 1:00 p.m. Allied Resources, Ine, could not be reached to determine whether it objects to this, Motion. Dated: January 13, 2011 _ Respectiully submitted, Mm MICHELLE M. ROBERT (Bar No. 2351) Assistant Attomey General 6 State House Station ‘Augusta, Maine 04333-0006 Telephone: (207) 626-8800 ORDER ‘The Plaintiff’s Motion to Dismiss is hereby GRANTED. Dated: Justice, District Court

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