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Monday, March 12, 2012

Harris County Attorney's Office has illegal businesses 'on the radar' 2012

Harris County Attorney's Office has illegal businesses 'on the radar' 2012
Houston police were called to the Los Reiles Club more than 100 times during the first seven weeks of this year to investigate complaints of assaults, robberies and drug dealing in and outside the bar.

Neighbors around the club at 7922 Long Point Road in the Spring Branch area also complained about loud music emanating from an establishment where the action often didn't begin until after 2 a.m.

Texas Alcohol and Beverage Control agents busted Los Reiles four times since June 2010 and fined bar operators $24,000 for selling alcohol after hours. Houston fire marshals shut down the bar temporarily on Jan. 22 after finding 400 patrons jammed into a building with a legal occupancy of 216.

Those infractions were cited in a civil lawsuit filed last week seeking an seeking an injunction to end illegal behavior, part of a campaign Harris County Attorney Vince Ryan has mounted to clean up local businesses where crime is rampant. The lawsuit names property owner Ganim Long Point L.L.C. and 7922 Long Point Inc., but when reached, company officials declined to comment.

Businesses on notice

Using a little-known but powerful public nuisance law, Ryan and his staff have served legal papers since December on landlords of four Houston businesses where drug dealing, illegal alcohol sales and violent crime had become rampant.

"It's not our policy to go out and close down legal businesses. Our goal is to get businesses in compliance with the law," explained Assistant County Attorney Robert Soard.

Soard said the office is using civil suits to hold the owner responsible for what goes on at their property and avoids the complications of a criminal prosecution. There are no high-profile raids by police, but an eventual reckoning with local judges who wield wide powers under the law and can limit public access to a property, cut off their utilities, or even cancel a lease.

"You are actually going after locations, and not people. That means you can clean up the location, and not put people in jail," Soard said. "You're getting people to comply with the law. If they don't, they're shut down and they lose a lot of income.''

But at least one of those property owners who was sued feels he was coerced and says he wasn't aware of the illicit activities on property he leased to a business operator. He had to spend additional money, including $5,000 a month for an off-duty police officer, to avoid being closed down.

"It's not fair, but what else can I do about it?" said Houston businessman Jae Kim, who entered a settlement after Ryan's office threatened to shut down his renter's business. "Those are very powerful words to a little guy."

Kim owns the property at 2111 Fannin, across the street from the Greyhound bus station, where the Downtown Tigermart convenience store operates.

Settlement reached

The settlement Ryan's office reached with Kim required him to fix lighting on the property, expand camera surveillance and hire a certified peace officer for evening shifts. In addition, the landlord executed affidavits making it easier for police to arrest those loitering on the business for trespassing.

"They say we have criminals over here, drug dealers and prostitutes, but I didn't see any of that kind of people," Kim said.

He said the area was frequented by homeless people, who remain on the property even when they were asked to leave.

"It's pretty much calmed down," Kim said. "Still, the homeless hang around there, and there's nothing I can do about it. I ask them to move, and they just cross the street."

The first nuisance suit was brought against La Frontera Sports Bar in Sharpstown in December, and this week club management and the property owner agreed to surrender the liquor license and close the business on April 1. Until then, a security guard will be posted at the club at 5850 Ranchester Drive, and alcohol will be taken from customers by 2 a.m.

"It's all geared towards helping property owners and tenants to comply with the law on their property," said Assistant County Attorney Laura Cahill, who is handling the litigation. "We're trying to get them to be good neighbors. "

Cahill said the civil suits, authorized by chapter 125 of the Texas civil code, gives an individual, or city, county, district attorneys, a method to close down businesses and landlords who knowingly tolerate a wide range of illegal activities on their property.

County attorneys say they've met with law enforcement and neighborhood groups and have identified other businesses they intend to sue.

"We have 10 locations that are on the radar,'' said Assistant County Attorney Terry O'Rourke.

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