Channel Z
Continued from page 10
Ferrese went on to note he met
that day with the building owner,
Bill Larsen, who is on the verge of
selling it. He assured Ferrese that
he informed Channel Z operators
that entertainment would cease at
2 a.m. and as of June 30 it would
close at I a.m. "He felt it was rea-
sonable," Ferrese said.
But one of the managers, Tim
Hefflefinger, told the Cape
Gazette on May 31 that he wasn't
even aware of the ban on enter-
tainment after 2 a.m. He said he
didn't think anything went into ef-
fect until June 30 when a new
business license was required. He
also assured that they plan to con-
tinue their operation under the
new ownership, while a new
restaurant will open downstairs.
However Hefflefinger stated
that "we are going to have to
abide, but we're going to fight it -
its unconstitutional. The police
came and said shut down at 4:30
a.m. because we violated the
'amp' law, and needed an 'amp'
license, and there's no such thing.
But they said nothing about an en-
tertainment ban."
"If a restaurant closes at 2 a.m.
and until then has entertainment
for its customers, and the owner,
bartender, waitresses and kitchen
staff are in there after it's official-
ly closed and the music is turned
on, does it violate the law? If you
interpret that it does, then we'll
enforce it," Doyle said.
Ferrese replied that once pa-
trons leave, they must fall back on
the noise ordinance. Doyle point-
ed out that it wouldn't fail under
entertainment ban, but under the
noise ordinance.
"Patrolman Todd Mumford
stated in his report that no music
could be heard from the Baltimore
Avenue side until you put an ear
to the door on the rear deck, so I
find it difficult to see how the
Puseys were disturbed," Doyle
added. "If you can hear it, it's too
loud. It's not a judgment call at
3:30 a.m.," said Commissioner
Jan Konesey said.
Doyle shot back that the police
were following proper procedure,
shaking a thick sheaf of files filled
with complaints from the Puseys
over the past four years. "The
.time this city has spent to satisfy
two people," he shouted.
"I object as a taxpayer," said
Kenny Vincent, who, with a bed
and breakfast on Baltimore Av-
enue across the street from Chan-
nel Z, has also complained about
noise and misbehavior there in the
pasL "You should have a better
attitude. That's no way to talk and
there are problems there. Every-
one On the city board should take
a walk between midnight and 2
a.m. and see for yourselves what
goes on," he said.
Konesey told the chief that she
thinks people want quiet after a
certain hour and "it's not unrea-
sonable to want to sleep at 3 a,m.
Let's find a reasonable way be-
cause we pass ordinances and
never enforce them."
"Give us a break!" Doyle
replied. "You can't give me an
explanation of what to close and
what's entertainment. You try
and go out in the real world at 2
a.m. and interpret these laws like a
college professor.
"We'll do what you want, but
you have to tell us. We can't vio-
late the constitution and arrest
without probable cause. It's not
as simple as arresting if you hear
noise," said Doyle.
'°rbere're not easy laws to en-
force and they are concerned with
real crimes such as robberies,"
City Solicitor Walt Speakman
agreed, adding they must work to-
gether. "Just be patient and we'll
work at it," he said, to which
Bertha Pusey replied, "even when
they lie2"
"I object to this in a public
meeting," Doyle cried out, to
which Ray Pusey replied, "we'll
settle this by recording later."
Vincent went up to the mayor and
city manager and told them he felt
the police handled the matter un-
professionally by bringing those
files down. "They are supposed to
set an example and bite their
tongues. I'm a teacher and if I
talked that way to a parent I would
CA.PCiZE'ITE,Fridsy, June 2"xtltme 8, I99- I1
be written up. Something needs to
be done."
In the chief's defense, Ferrese
noted that the city was found
guilty of false arrest last year, as a
revised noise ordinance was en-
acted but hadn't been published
when the police arrested the club
manager for violating it. "You
have to be careful with false arrest
-it's difficult. But I'm optimistic
it won't occur again," he said.
Also following the meeting,
Cooper said, "it's not a question
of whether it's enforceable, al-
though some items may be open
to interpretation. What we need is
a better way to communicate with
the police as to what is expected. I
should have realized the Puseys
would test it immediately, al-
though I sympathize with what's
happened in the past. There wasn't
a lot of notice and had I known, I
would have said it wasn't fair to
enforce last weekend." He said he
and Ferrese have since met with
Doyle to establish a method of re-
laying what's expected and "it
should go much smoother in the
future." The chief said later their
reports are computer generated
and the times are documented and
cannot be tampered with.
You CAN HAVE IT ALL...
A Dream Home.
Resort Living.
This Is The Plantations.
Own a 2 Bedroom, 2 Bath One Level
Townhome From Only $92,600 !
Price includes screened porch, fireplace, and all
appliances including a full size washer & dryer.
Garage Units Available From $111,900.
RESORT& CLUB
No One Can Match Us.
1600 PENNSYLVANIA AVENUE, LEWES, DE 19958
302-645-2727, 1-800-777-1530
• Immediate Occupancy
• 2 Pools
• Clubhouse with Fitness Center
• IndoorOutdoor Tennis Courts
• Reassuring presence of a guard
and a gatehouse.
DIRECTIONS FROM RT. 1:
Turn onto Road 276. Go to dead end.
Turn left onto Road 275. The
Plantations is .5 mile on right. Or,
from Rt. 1, turn onto Rt. 24 (at
McDonald's). Turn right at second
traffic light onto Road 275. The
Plantations is 1.5 miles on left.
Visit Models Daily 9:00-5:00
Or By Appointment.
