License Review Board

License Appeal Board City Hall Commission Chambers 10 N. Division St. Battle Creek, MI 49014 Tuesday, May 27, 2008 12:00 p.m. Present: Dan Determann, Joyce Garrett, Barbara Parsons, and Mike Troutman Absent: Debra Lynn Gray Others: Danny Burton, Detective Greg Huggett, and Dee Laser Call to Order: The meeting was called to order at 12:10 P.M. Dan Determann called the hearing to order and asked the Police Department to explain why Mr. Burton’s vendor’s license was denied. Police Department - represented by Detective Gregg Huggett Detective Huggett stated the ICHAT criminal history for Mr. Burton showed that he was convicted of a felony of uttering and publishing on 2/7/96. The Commander denied the vendor license. Also, on the application, Mr. Burton answered “no” to question #2. Detective Huggett had a conversation with Mr. Burton who initially said that he had not been arrested. When questioned about the arrest, Mr. Burton said someone had given him a check, which he cashed; not knowing the check was not good. Mr. Burton pled guilty on 5/30/96, but he felt it was too long ago; therefore, he didn’t include it on the application. Mr. Burton stated he was granted a vendor’s license last year. Detective Huggett requested Clerk Laser to pull last year’s application which showed the applicant’s name as Danny Bunton. CCH only checked information on Bunton, not Burton. The Police Department requested denial of license. Joyce Garrett asked Mr. Burton if his license last year was misspelled. He did not think so. Mike Troutman asked if Mr. Burton must post his license. Clerk Laser noted city vendors should display their license when selling products or services so that the permit is easily accessible if questioned by a citizen. Joyce Garrett asked what sentencing Mr. Burton received on his uttering and publishing offense. Detective Huggett answered that $716 fines were ordered. 1 Danny Burton – Vendor Mr. Burton stated he has not had any complaints regarding his ice cream vending. He has been a good driver. His felony 12 years ago shouldn’t go against him. Summer Song also conducted a background check and it came back clear. Dan Determann asked Mr. Burton how long he had been selling ice cream. It was his third year. He also asked if Mr. Burton had other employment. Mr. Burton answered that he shovels snow and works for Green Bells. Mike Troutman asked Mr. Burton if he noticed his name was misspelled on last year’s license. Mr. Burton answered no. Joyce Garrett asked Mr. Burton if he filled out his application in 2007 as the name on the application appears to be Bunton, not Burton. Mr. Burton stated he did not notice it was spelled incorrectly. Dan Determann asked if Lisa S was his Manager. Mr. Burton stated yes. He also asked if Mr. Burton had any moving violations. Mr. Burton replied he didn’t have any in Battle Creek; however, was 5 mph over in Kalamazoo. Dan Determann asked if the check was payment for ice cream. Danny Burton stated he borrowed money from a roommate who wrote him a check and Burton cashed it and the case was 12 years ago. Joyce Garrett asked how Mr. Burton’s name was spelled on the application and license from last year. Detective Huggett indicated the name Bunton appeared on the application and license. Mike Troutman asked Mr. Burton where he displays the license. He replied on the dash of his vehicle. Barbara Parsons asked if Summer Song looked at his misspelled license. Mr. Burton answered no. Motion: A motion was made by Joyce Garrett, supported by Mike Troutman, to approve the license application of Mr. Burton. Mr. Determann opened the floor for discussion. 2 Barbara Parsons was concerned about differences of Mr. Burton’s name on two applications. Mike Troutman stated the name was not correct on last year’s application which conflicts with this year’s application. Joyce Garrett was concerned about the name on application as well as the U & P charge. She suggested Mr. Burton supply letters of reference with his next application. Dan Determann stated ultimately Mr. Burton is responsible for his business. Vote on Motion: Yes – 0; No-4. Denial upheld. Motion: was made by Joyce Garrett, supported by Barbara Parsons, to adjourn the meeting. Adjournment: The appeal hearing for Danny Burton was adjourned at 12:40 P.M. DAL/rs 3