State of Ohio refuses to renew El Tropical’s liquor permit
by Chuck Hoven

(Plain Press, May 2008) Neighborhood residents, who provided testimony at two Ohio Division of Liquor Control hearings on the El Tropical Nightclub on Storer and W. 44th, received news in mid-April that the state refused to renew the liquor application for the club. “People in the neighborhood are just ecstatic,” said local block club leader Rowena Ventura.

The State of Ohio Division of Liquor Control of the Ohio Department of Commerce issued the order denying the renewal of the liquor permit of El Tropical Night Club. The order, mailed on April 14th to Liquor Permit holder Heriberto Colon, cites evidence gathered at hearings held at Cleveland City Hall in January and March of this year along with information gathered from various documents and reports.

In its order, the Division of Liquor Control cited a number of grounds and facts. First and foremost it noted “the place for which the permit is sought is so located with respect to the neighborhood that substantial interference with public decency, sobriety, peace, or good order result from the issuance of the permit and operation there under by the applicant.”

The order further takes issue with the manner in which the operation has been run, stating, “the applicant has shown a disregard for the laws, regulations, or local ordinances of the State, and will operate the permit business in a manner that demonstrates a disregard for the laws, regulations, or local ordinances of the State.”

Testimony from the community meetings held at City Hall in January and March of this year was referred to in issuing the order. “Complaints revolve around the high number of gunshots heard in the neighborhood, typically two to three times per week, which are frequently attributed to the patrons of the premises. There have been shootings, stabbings, and fights in the area. There are also issues with trash in the yards of residents consisting of bottles, condoms, glass, beer cans, loud music, noise, traffic congestion when the premises closes on the weekends, and blocked driveways.” The order also cited the numerous violation and citations made by police patrols assigned to the area around El Tropical on specific weekends.

The order indicated that The Division of Liquor Control was convinced Carmello Colon, a convicted felon, was in fact involved in the ownership of El Tropical, a violation of state law.
Crucial testimony, and cross-examination by City Attorney Sue Bungard during hearings at Cleveland City Hall, revealed that El Tropical manager Carmello Colón, was in fact part of a corporation, Junior, Inc., that paid the bills of the bar.

In the order addressed to Carmello’s brother Heriberto Colon, the liquor permit holder, the Division of Liquor Control said, “the applicant has not disclosed all those persons having a legal or beneficial ownership interest in the business.” The order not only took issue with issue with Carmello Colón’s involvement in the ownership, but also his serving as manager of the operation saying, “The owner or operator or manager or applicant has been convicted of a crime that is reasonably related to the person’s fitness to operate a liquor permit business in this State.”

The order indicated that the applicant misrepresented who the owners of the operation were in an liquor permit application originally filed by Heriberto Colón and issued to him as a sole proprietor in October of 1997.  The state indicated that at the time the permit was issued the real property was under the name of Junior, Inc. Carmello Colon is listed as the statutory agent of that corporation. The stated purpose of Junior, Inc. on file at the Secretary of State’s Office is “to own, manage, and run a cocktail lounge and any other related business.”

The Division of Liquor Control order further states that the Liquor Permit holder Heriberto Colón repeatedly over the years provided false information on ten years of liquor permit renewal applications by “consistently indicating that no partner, member, officer, director, shareholder or manager has been convicted of any crime not previously reported by the permit holder to the Division.”

At the end of the order the Division of Liquor Control Superintendent Terry Poole indicates that Heriberto Colón has 30 day from the date of the letter in which to appeal the decision to the Liquor Control Commission.

News & Articles | Archives