Archive for Friday, September 11, 2009

Club Axis must pay city’s legal fees, plus possible fines for operating illegally

The club off 9th and Iowa streets is being forced to pay $100 each day it continues to operate illegally. The club does not have the necessary licenses and will also pay the city $11,000 in legal fees.

September 11, 2009

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A central Lawrence nightclub on Friday was ordered to pay the city $11,500 and will be fined $100 per day if it doesn’t stop operating illegally, a judge ruled Friday.

Club Axis has been violating a court order since December, by continuing to operate the club at 821 Iowa against a judge’s order and in violation of city law. The club, also known as 821 Club, is operating without an approved number of parking spaces.

“I don’t know why that is so hard or difficult to grasp,” Douglas County District Judge Michael Malone said during a court hearing on Friday.

Brian Johnson, an attorney for the club, has claimed that the city is just on a mission to shut the establishment down because of multiple shootings and stabbings that police have connected to the bar, which was previously known as Moon Bar. The city has denied Johnson’s claims.

The club will have a 15-day grace period to comply before a $100 per day fine kicks in.

Malone on Friday also ordered the owners and operators of the club to reimburse the city for $11,500 in attorney’s fees it’s racked up in the case.

If Club Axis doesn’t quit operating as a nightclub within 30 days, without having an approved site plan on file with the city, Malone said he would consider additional penalties.

Jerry Cooley, the city’s attorney in the case, has suggested that the owners and operators could be jailed for not complying with the court’s order, which prompted the court hearing.

The lawsuit lists Christopher Windler, Fred Windler, Qing Ling Wang and Xin Li Liu as defendants in the case.

Johnson said the club believes it has done nothing wrong, because it is not allowing any more people inside the establishment than were allowed at the Moon Bar.

“Any acts that we failed to do were not done with malice,” Johnson said.

City leaders have made it clear that zoning ordinances have changed since the establishment operated as Moon Bar. Because the occupancy level of the bar has increased and the intended use of the club has changed from a bar to a nightclub, the establishment is required to have more parking.

The city gave the club multiple options for coming into compliance with city code, but it never did. After the judge’s latest ruling, Cooley said the city was willing to sit down with the club to review options.

Comments

Reuben Turner 5 years, 6 months ago

get'em. make them jokers pay up. it's not that i don't care for the bar scene, but the bar folks have made it that way. i wouldn't cause me a tear if they mowed that building down.

OldEnuf2BYurDad 5 years, 6 months ago

"Brian Johnson, an attorney for the club, has claimed that the city is just on a mission to shut the establishment down because of multiple shootings and stabbings"

But that doesn't explain why a JUDGE is imposing the fines. They city isn't do this as much as it is a decision of the courts. Does Judge Malone also have it out for the club? I don't think that makes sense.

misplacedapathy 5 years, 6 months ago

It's a shame this 'news' is so poorly written. Why is the syntax of the first paragraph almost as if written by someone whose second language was English?

Mary Ellen Hall 5 years, 6 months ago

This story makes me want to put a fork in my eye and swirl it around. WTH?!!! If they're operating illegally, why doesn't the Sheriff lock the doors? Or the City shut the water off? Can't hardly operate a bar with no water. How the heck is a business deemed to be operating illegally, by a judge, allowed to continue to operate?!!! Such BS!

HogJiver 5 years, 6 months ago

Move the club to Topeka where it belongs.

somebodynew 5 years, 6 months ago

Well, NoDrama- the reason is the Judge granted a grace period. That is why it is not shut down immediately. Not that I agree with that - I posted after the ruling that I didn't understand their attorney's statement that they would continue to operate after the Judge found they violated the law. So, no authority exists for anyone to padlock the place until the 10 days is up. Hopefully they will be there at that time.

And, misplaced - do you really think anyone cares about syntax???? Get a life.

ukillaJJ 5 years, 6 months ago

$100 a day for operating illegally? That is a small slap on the wrist!

Any half-baked business can afford this fine without any real financial consequences. Up it a bit, otherwise the bar is just going to keep it's doors open.

misplacedapathy 5 years, 6 months ago

Somebodynew - Obviously you don't. You must have been educated here. :)

dvabel 5 years, 6 months ago

dvabel@att.net">p>dvabel@att.net Derek my friend had stated to me several times. The father & son defendandts have recieved their operating & liquor license to relocate it to Eudora' down town . As a member of the Abel family of eudora & of which Troy Van Horn is apart of . Weare all of the opinion that Chris will do the same crap in Eudora because there's no police except on the highway after 8:00 p.m.. So let's see how well he does in Etown home of th AWACVHCBLHW crew . IF it's any thingat all like AXIS was then The Abel family will file a law suit to remove Mayor Hobson & the City Counsel of Eudora on letting gangland in my town.

nwkshawk 5 years, 6 months ago

@dvabel - explain awacvhcblhw crew please? Perhaps I'm naive.

KCMO_Jayhawk 5 years, 6 months ago

@dvabel---What the hell does Troy Van Horn have to do with Chris Windler opening a damn club in Eudora...once again all you people never cease to amaze me. Troy Van Horn would love to have a hip hop crowd...problem is he lacks the skills as an adequate promoter to do so!! And if you think Troy Van Horn is so important could you please do me a favor and take his ass back to Eudora with you!!

Club 821/Axis will not be moving to Eudora...that does not make logical sense! For christ sake...what is in Eudora?! Club 821/Axis will simply just change from a nightclub to a bar and grill (similar to The Ranch, think about their parking capacity)!

WATCH AND SEE!

Sunny Parker 5 years, 6 months ago

Just trying to make a living in this horrible economy! The City needs to let it go. Geez. I would rather them operate this business than be on welfare!

Let it go!

Practicality 5 years, 6 months ago

I agree with the poster who said the $100 a day fine was too small to deter operation. Heck, that is only 20 patrons at 5 bucks a pop for a cover charge. Will not even phase them.

bearded_gnome 5 years, 6 months ago

sunny (Anonymous) says…

Just trying to make a living in this horrible economy! The City needs to let it go. Geez. I would rather them operate this business than be on welfare!

Let it go!

---apparently "Sunny" is a chinese "B-girl" who works at 8-2-1 club?

BigPrune 5 years, 6 months ago

They should put in a second bid to buy the old Don's Steakhouse on K-10. If there aren't any neighbors out there to complain about a homeless shelter, then there shouldn't be any neighbors out there to complain if there is a gangland nightclub. Sometimes when I am tired I am brilliant.

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