Judge grants stay; West LV store still can sell liquor

Diana Sahagun

Friday, March 2, 2001 | 10:47 a.m.

Despite widespread neighborhood concern and a City Council decision to pull its liquor license, a convenience store in West Las Vegas may continue to sell alcohol until at least March 27, a district judge has ruled.

The Day & Night convenience store at Martin Luther King Boulevard and Owens Avenue has long been a point of contention among West Las Vegas residents, who have been vocal in complaining that the store is a center for gang activity, alcohol sales to minors, loitering and drug dealing in the parking lot.

Metro Police and the city's Business Services Division investigated and found six violations during an 18-month period at the store owned by John Bybel. The violations included selling alcohol to minors and not having the proper work cards.

Last week, Las Vegas Councilman Lawrence Weekly, who represents the area, joined with the rest of the City Council in voting to pull the store's liquor license. Weekly said residents have grown tired of the convenience store and the threat they say it poses to their children. Weekly himself said the situation has gone on long enough.

Thursday, however, District Court Judge Allan Earl granted a request by the store's attorney, J.T. Moran III, to stay the City Council's revocation of the liquor license until after a hearing on March 27. At the hearing, Earl will decide whether the City Council's action was justified. The judge will review transcripts from the council meeting and affidavits submitted by Bybel and Metro.

Moran argued that the judge should look at other City Council votes dealing with liquor licenses when deciding if the council's decision was "arbitrary and capricious."

A deputy attorney for the city argued that the council has the discretion to approve or to deny liquor licenses as well as to put restrictions on them.