Testimony on El Tropical continues at Liquor Control Hearing
by Chuck Hoven

(Plain Press, April 2008) A number of residents and stakeholders concerned about problems caused by El Tropical in the area around W. 44th and Storer Avenue, went to an Ohio Liquor Control hearing at Cleveland City Hall on March 14th for a second round of testimony. Residents added to testimony given at the first part of the hearing on January 4, 2008.

Orindo Ventura, who lives across the street from the bar, testified about a shooting he witnessed a couple of weeks ago. He said a car pulled up into the parking lot at El Tropical and fired several shots. He said, “Every time the place is open the last four or five weeks, you hear guns going off.”

David Gayle, a resident of W. 45th Street who recently moved to the neighborhood from California, said his wife was afraid walk in the neighborhood now. He said when she was walking past the bar some men loitering there tried to solicit sex from her. He said in the last two weeks they have heard gunshots twice.

Stephanie Gayle, testified that when she moved to the neighborhood from California she was told it was a good neighborhood. She said while pushing her baby in a stroller past El Tropical one evening several men standing in front of El Tropical stalked her asking her for sex. Her illusions about the neighborhood being safe were shattered when she heard gunshots twice in one day and was told by the clerk at the neighborhood grocery “Sweetie, you need to be careful out here at night.”

William Bosak, also of W. 45th Street, complained of fights and parking problems when the bar is open. Bosak, who lives about 100 yards from El Tropical said, “I can’t go to sleep on Friday and Saturday nights because of all the noise.”  He said Second District police are so busy on Friday and Saturday nights that they don’t respond to complaints of noise.

Gerald Guthrie, now an Old Brooklyn resident, said he moved from his residence across W. 44th Street from the bar about two years ago after two gunshots hit his house. He also testified about noise from the bar and offered the opinion that El Tropical was too big for the neighborhood it was located in.

The attorney for El Tropical explained to the State Liquor Control officer hearing testimony via video that Carmello Colón would be testifying on behalf of El Tropical. The attorney explained that Carmello Colón, as manager of the bar is more knowledgeable about the day-to-day operations than his brother Heriberto Colón, who was not in attendance at the hearing.

City of Cleveland Attorney Sue Bungard questioned El Tropical manager Carmello Colón about a reference made to him in the Plain Press as owner and manager of the bar. Colón said, “I am the manager, I never said I was the owner.” Under further questioning, he said, “I own the building, but not the liquor license.”

Bungard, then asked Carmello Colón about a number of felonies listed under his name in Court records. Colón admitted to convictions on two of the felonies.

Bungard asked about the possibility of installing metal detectors in the bar. Colón said patrons were searched by hand. He said maybe the money would be available in the future for metal detectors. When asked about the average crowd and gross income on an average Friday night, Colón said about 120 people came on an average Friday night. There is no cover charge. The gross income before expenses on a Friday night he estimated at $1,500.

Colón admitted to a statement made to the Plain Press in which he referred to the bar as his “livelihood.” Under further questioning by Bungard, Colón admitted that he pays the bills and signs checks for the bar. Bungard asked who else could sign checks for the bar, and Colón, who often refers to himself as Junior, said his girlfriend and brother were also in the corporation too and could sign checks. He said the corporation was Junior, Inc. and it owned the building, but not the liquor license. He said that his brother owns the liquor license.

In her statements at the Liquor Control Hearing, City of Cleveland Attorney Bungard seemed satisfied that she had shown that Colón was in fact acting like the owner of El Tropical and as a convicted felon was prohibited by Ohio law from owning such an establishment.

The attorney for El Tropical tried to show that a number of the complaints such as traffic tickets, and gunshots heard in the neighborhood could not be specifically be tied to El Tropical. He also questioned whether the nightclub should be held accountable for actions outside of the club. He cited lack of police response as a problem in the neighborhood. He noted that in video supplied by resident Rowena Ventura, she says at one point “call the police.” He said he viewed at least ten more minutes of video that followed that call and no police showed up. The attorney also questioned whether the bar was even open when Stephanie Gayle walked past with her baby. He speculated that those harassing her could have been unassociated with the bar. He said, “You can’t hold a single business responsible for everything that happens in the neighborhood.”

The attorney also noted that Ward 14 Councilman Joe Santiago had testified in January that the City of Cleveland had entered into a cooperative agreement with this establishment. The attorney claimed that Santiago testified that he hadn’t had recent complaints and that Councilman Santiago said, “ The issues were resolved.”

After hearing the testimony, the hearing officer said he would pass on his recommendation to the person in Columbus who would make the decision on whether or not to renew the liquor license for El Tropical. He said that the process may take two to three weeks and that the City of Cleveland and Heriberto Colón would be informed of the decision.

(see related photos here)

News & Articles | Archives