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 multiplelevels 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 ManningSTATE 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