Officials seek to shut down Ypsilanti Township party stores over alleged code violations, crime concerns
Ypsilanti Township officials are asking a court to declare two Dairy Marts a public nuisance and order them closed until the owner can address numerous crime-related issues and property code violations the township has cited.
The township is also asking the Michigan Liquor Control Commission to revoke the owner's liquor license after one of the stores was cited three times in seven months for selling alcohol to minors. A Washtenaw County sheriff’s detective testified at a Liquor Control Commission hearing in May that the manager employed by Dairy Marts’ owner, Saleh Hamati, twice tried bribing the detective so that he would not write the citations.
Hamati said he's working with township officials and the Sheriff's Department and has already corrected most of the problems. He also said that last week he fired the manager accused of trying to bribe the deputy.
The stores are located at 10131 Textile Road and 2375 Grove Road. The Grove Road location has been the site of more alleged criminal activity, while both buildings have been cited for numerous code violations.
Hamati and representatives of the township and Sheriff's Department met at a Liquor Control Commission hearing in October, and a verdict on whether Hamati’s liquor license will be suspended or revoked is expected this week. Three violations of the law prohibiting sale of alcohol to minors in a 24-month period is grounds for revocation of a liquor license, according to the Liquor Control Code.
A hearing in the court case is scheduled for Feb. 23 in Washtenaw County Circuit Court. The Dairy Mart’s franchiser, Delaware-based Mac’s Convenience Store’s LLC, and mortgage holder, TCF Bank, are also named as defendants in the lawsuit.
The township listed numerous problems in the verified petition submitted to the court. Sheriff’s Department deputies were dispatched to the Grove Road location 57 times in 2009 and 73 times in 2010. Deputies have made arrests for suspected crimes, including robbery, assault, vagrancy, drug possession, loitering, disorderly conduct and more. Most recently, two men were shot in the parking lot Jan. 7.
The township says Hamati allows residents and minors to loiter outside the store, which is open 24 hours. Township attorneys say in the complaint that there is insufficient lighting around the building and the security measures are not strong enough to prevent criminal activity.
Hamati said he has posted no-loitering signs and already has a surveillance camera in the store. People who are loitering are also now asked to leave the property, he said.
Township officials inspected the properties and issued notices of violations for both stores in late October. Among the property maintenance code violations listed are damaged fascia and trim, loose gutters, an unsecured electrical box, damaged siding, debris on the roof, deteriorating and unsecured posts, excess vegetation, derelict sheds, a damaged billboard in one parking lot, sign code violations, exposed wiring inside the store, a blocked and locked back door, faulty wiring, an unsecured overhang and a trip hazard at the entry of one store.
Township attorneys contend in the complaint that the severity of the issues creates a public nuisance, and that some of the violations constitute a threat to public health. The complaint said the Textile Road location will cause “irreparable harm” to those in a nearby neighborhood if the situation isn’t remedied.
“The big picture, and I told this to the (Liquor Control Commission), is the township obviously wants to retain businesses and attract new businesses for economic development due to the economy,” Mike Radzik, director for the township’s office of community standards, said Friday. “However, having said that, this store, the way it has been run, we can definitely live without.”
The Sheriff's Department alleges the Grove Road Store sold alcohol to minors during two sting operations in December 2009 and a third string operation in June 2010.
Hamati was fined $1,850 and had his license suspended for 10 days following a May Liquor Control Commission hearing on the December violations.
During that hearing, Washtenaw County Sheriff's Department Detective Everett Robbins said the manager of the store tried to bribe him not to write the citation.
He told the commissioners that out of the 30 to 40 party stores in the Sheriff’s Department’s jurisdiction, the Grove Road Dairy Mart is the most problematic. One commissioner asked if Robbins described the attempted bribe in his police report, a transcript from the hearing shows.
Robbins told the commissioners he did. He said that as he walked out of the store after the first sting, the manager offered to "donate $500" to the Sheriff's Department if he would not write up the violation. After the second sting, he said the manager again offered a $500 bribe, the transcript shows.
Hamati stressed that the now-fired manager, not Hamati, is suspected of trying to bribe the detective.
During sting operations in December 2009, the Sheriff’s Department had a 17-year-old boy and an 18-year-old girl enter the store separately and bring alcohol to the counter. Neither was asked for identification but both were sold the alcohol, sheriff's deputies said, according to a transcript of the May Liquor Control Commission hearing.
In a June 2010 sting operation, underage decoys who a liquor control commissioner said clearly looked under 21 entered the store and tried to buy alcohol. The manager asked the decoys if they were 21, to which they replied yes. The decoys were able to buy the alcohol without having their identification checked, according to a transcript from the October Liquor Control Commission hearing.
Hamati also told commissioners at the second hearing that he had unlocked and cleared the back door to the building, which serves as an emergency exit at the Grove Road store. Locked and blocked emergency exits are a violation of township property code. But township officials said when they checked the property the day after the hearing, they found the door was still locked and debris was blocking it.
Township attorney Doug Winters wrote a letter Jan. 25 to the Liquor Control Commission saying the door was still locked and obstructed and including photographs as evidence.
“These photographs are in direct contradiction of Mr. Hamati’s testimony that the rear exit door was unobstructed and unlocked,” Winters wrote in the letter. “In closing I leave it to the wisdom, discretion and protocol of the Commission as to what weight to give these photographs in light of the testimony presented by Mr. Hamati.”
Radzik said revocation of Hamati’s liquor license could have a devastating effect on his business, but that Hamati had repeatedly ignored official’s orders to address problems at the store.
“There has been nothing but empty, unfulfilled promises,” Radzik said. “We have exhausted all avenues at this point. ...I told Mr. Hamati face to face that if there wasn’t an immediate turn-around, that I personally would work to get his liquor license revoked, because that’s a privilege, not a right. As far as I’m concerned he has not earned the right to continue with that privilege.”
The township is asking Judge Melinda Morris to issue a preliminary injunction prohibiting the stores’ occupancy until the problems are resolved. The complaint asks Morris to order that the code violations be fixed. It also asks that Hamati install more effective surveillance, improve lighting and, if necessary, hire a security guard to eliminate criminal activity.
If Hamati fails to comply, the township is seeking for authorization to evacuate and secure the properties with the help of the Sheriff’s Department.
Hamati said Friday he is already taking action and has fixed "95 percent" of the property code violations listed in the verified petition, though Radzik said Hamati has "only begun to scratch the surface." Hamati said some of the work cannot be done now because of the weather, and he said township officials find something new every time they come in the store.
But he said he is trying to work with the building officials and the Sheriff's Department.
"I clean the business, I take care of it and I told the city to come and check. If there's anything I can do, I will do it," he said.
He added that many of the people who come into his stores are friendly, and it's a small group of people from nearby apartment complexes who are causing the problems.
"I've been taking care of the business," he said.
View Ypsilanti Township Dairy Marts in a larger map
Tom Perkins is a freelance reporter for AnnArbor.com. To reach the news desk, call 734-623-2430. For more Ypsilanti stories, visit our Ypsilanti page.
Comments
FredMax
Tue, Feb 1, 2011 : midnight
"Deputies have made arrests for suspected crimes, including robbery, assault, vagrancy, drug possession, loitering, disorderly conduct and more. Most recently, two men were shot in the parking lot Jan. 7." Sounds like the perfect honeypot, maybe the police should just buy this place and put a jail in the walk-in fridge. Imagine how much easier it will be to catch these criminals than if they are commiting these crimes in random places around the city. Where do i sign up for one of those detective jobs?
Justice4all
Mon, Jan 31, 2011 : 11:49 p.m.
Kudos to the board and sheriff's office for working together to clean up that area. Selling to minors is bad enough but if all that is said about the other stuff is true then this really is a nuisance. Hopefully if these stores are dealt with the township won't simply replace them by allowing new liquor stores to open.
Michigan Reader
Mon, Jan 31, 2011 : 11:17 p.m.
A franchisor only grants a licence to an independent business person to use a trademark, copywrite, etc., so how are they potentially liable in a nuisance action? How is TCF which provided financing and hold a security interest potentially liable? Any attorneys of any practice area want to enlighten me?
stevek
Mon, Jan 31, 2011 : 10:53 p.m.
@atticus--I understand "cleaning up" to mean getting rid of the scum who have no job, don't want to look for a job, abuse the system, don't do anything to clean up THEIR neighborhoods, harass hard working and law abiding citizens, and generally give the neighborhood a bad name. And yes, I am all for locking up this undiserable trash (if they are guilty of something), and I would rather have a new millage to pay for this. It would offset replacing items that are stolen or destroyed be these individuals.
Atticus F.
Tue, Feb 1, 2011 : 1:54 p.m.
Steve, the problem is that alot of people who are not criminal, and who are simply poor are getting cuaght up in these "sweeps". And alot of people are losing their property rights in order to inforce some sort of moral code, in the hopes that it will curb crime and raise property rates.
jondhall
Tue, Feb 1, 2011 : 1:16 p.m.
Pass on the Tax
Cash
Mon, Jan 31, 2011 : 10:06 p.m.
Why does the County have to expend resources to ask the state Liquor Control Commission to stop the liquor sales. The commission policy states their license will be revoked for 3 violations. So? Pull their liquor license. That's a start.
jondhall
Mon, Jan 31, 2011 : 8:35 p.m.
First off anyone who can post here and defend selling alcohol to underage children then let me be the first to cast the stone as I'm not afraid to. I use my real name as I have nothing to hide my thoughts are on my cuff I wear them everyday, thus I need no "pen name". If this offends you and "you" know who "you " is I'm not sorry at all. This is not about racial profiling or anything is is about "breaking the law". If this guy was selling to my daughter and I found out, it would be time for a visit so he could understand things better. Th police are doing the one job the government has to do "protect the people" so they do it and some whiners complain, to bad. I say take his license fine him , and put him in jail, blaming it on the "manager" imagine that the new rule is we play "The Buck Stops here" and he is the one in charge. Way to many chances in baseball he would be OUT! Jon David Hall
Nephilim
Mon, Jan 31, 2011 : 11:10 p.m.
How many police responses are there to your average kroger or meijers Atticus? Very poor attempt of linking the two. Apples to oranges.
Atticus F.
Mon, Jan 31, 2011 : 10:23 p.m.
Also, if you choose to put your private info on the internet for the world to see, thats your choice. I personally dont think it's very smart... But please don't act as if people who choose to post anonymously have no credability. Or as if our oppinions don't matter.
Atticus F.
Mon, Jan 31, 2011 : 10:20 p.m.
Jon, on occaision, even Krogers and Meijers get tickets for selling beer and cigs to minor...Just out of curiosity, why is there no rage towards these places. Maybe we should lock up the managers and stockholders of those companies...after all "the buck stops here", as you suggested. I believe these people have every right to buy beer cigarrettes, and lottery tickets. But it seems the township wants to forbid people from taking part in this type lifestyle in an effort to curb crime.
denise1inaa
Mon, Jan 31, 2011 : 6:44 p.m.
Judge Melinda Morris was all I had to read about in this article before I stopped. She has a track record for being easy on everyone. Want to take bets she will rule in some fashion to allow this to continue for months?
Lovaduck
Mon, Jan 31, 2011 : 5:46 p.m.
Oops. My second sentence should have read "I admire your intolerance for persons WHO CONDEMN THOSE WITH DIFFERENT LIFESTYLES..... Sorry if that came out wrong.
Lovaduck
Mon, Jan 31, 2011 : 5:44 p.m.
Atticus, How did I know this one was you without looking? I admire and share your love of diversity and your intolerance for persons with different religions, lifestyles, etc. but crime and selling liquor to minors are not just simple examples of what the French label "DIFFERANCE". These are crimes and destroy neighborhoods. Don't people who want to live a "middle class" lifestyle, free from the threats of crime and violence have any rights in your world? This isn't just a case of persecuting those who don't conform! I really think you need to pick your battles more carefully.
Atticus F.
Mon, Jan 31, 2011 : 7:17 p.m.
loathaduck, I realize that we want to keep law breakers off the streets, but the townships solution, is to take anybody who they think fits the mold of a possible criminal (uneducated/unemployed), and to kick them out of their homes by any means necessary ... Thats not how we punish crime in this country, and thats not the right way to responsibly clean up a neighborhood. There is obviously a demand for this place, or it wouldn't be in existance. As far as selling to minors, I cant condone that. But thats not reason enough to shut them down.
godsbreath64
Mon, Jan 31, 2011 : 3:58 p.m.
I like the comments that crime will just move to the next spot not yet demogoded here. Also, who's to say there is not more crime sanctioned at the courthouse, itself? Let the police do their job, already. This effort is just about more potential doughnut time. Period.
Deborah
Mon, Jan 31, 2011 : 3:22 p.m.
I cannot believe those stop and robs are still in business. The "neighbors" have been stinging those places for years. I almost pity the owner as along with the hoods he now has local yokels harassing him. Some one in the township power structure has decided they want his land. The most rife and rampant corruption and rent-seeking behavior occurs at the local levels. Our freedoms are "zoned" everyday. WE even have Free Speech Zones and Protest zones. The store has problems because of the neighborhood and the building is sound. I love all the town officials commenting here. Way to control the spin.
ShadowManager
Mon, Jan 31, 2011 : 3:11 p.m.
There needs to be a reality tv show in a partystore...sorta like "Pawn Stars" but in a crappy liquor store in Ypsi.
Keepsitreal
Mon, Jan 31, 2011 : 2:48 p.m.
My uncle lives near the grove road store and it's pretty bad, I went in there the other day and the guy at the counter said it was under new management and now i read this, smh. But I was born in raised in Ypsi and I'm 33 years old and if you stop one place from trouble they seem to move somewhere else. I lived on south grove in the 80's when Dunkin donuts was on MI ave and I remember how bad that was, not to mention someone trying to snatch my dads 20 doller bill at Hradees across the street where the Lucas coney Island is now. Where theres poverty there will be crime/drama. Welcome to Ypsilanti.
AA
Mon, Jan 31, 2011 : 2:34 p.m.
I thought bribery was illegal and subject to immediate arrest.
Monica R-W
Mon, Jan 31, 2011 : 2:33 p.m.
The store on Grove Road is a nuisance to the area. If the owner would take the many suggestions of Township Officials and fix the issues surrounding the location, maybe they would be willing to work with him. Instead, the store repeatedly violate basic laws like selling alcohol to minors. There are numbers of loiters that hang both out and in the store. What is the reason for this, unless something is going on within it. There are many good Muslim and Arabic small business owners in this community, where residents can shop, buy basic staples items and gas...without the drama. One such store I am think of this on Ford Blvd. across from the Muslim temple/church. The owner/operators of this store do not allow what happens on a near daily basis at the Grove Dairy Mart, especially. If Dairy Mart/MAC do not want to franchise positive owners in Ypsilanti Township, they need to take both the franchise and their store owners elsewhere. This is not Detroit..
no flamers!
Mon, Jan 31, 2011 : 2:03 p.m.
I applaud the Township's actions re the Grove Road store (I don't know about the Textile store). It is so dangerous that I won't let my family stop there for gas--thugs giving you the eye, etc. On one occasion, I made the mistake of pulling in with the top down on my convertible Mustang and that apparently incited a lot of anger from the thugs loitering in front, one of whom tried to start a confrontation with me as I walked into the store. Since then, I only stop there early in the morning on the way to work. In general, we simply cannot allow cesspools to taint the larger neighborhood. When we see something that is so clearly and consistently outside the community standards, we must take action or the problem spreads. The township appears to have a good case, but the judge assigned to the case (Judge Melinda Morris) is notorious for not recognizing the role of law enforcement and the rights of property owners, so I am not optimistic about the Township's chances of success in this court. Most likely, she will accept the promises of the owner to make improvements, reject the Township's contentions and at some point the Township will have to decide whether the costs of pushing this further (in this court) are wise. My two cents? Keep pushing.
sandy
Mon, Jan 31, 2011 : 1:56 p.m.
Why would they name these people in the lawsuit: The Dairy Mart's franchiser, Delaware-based Mac's Convenience Store's LLC, and mortgage holder, TCF Bank, are also named as defendants in the lawsuit.
average joe
Mon, Jan 31, 2011 : 2:02 p.m.
These people have a 'vested' interest in the properties, & their money is at risk should they be closed.
Ken K
Mon, Jan 31, 2011 : 1:52 p.m.
This is nothing new at these stores. Stuff like this has been going on for 20 years. You can blame the stores for selling to minors but you can't blame them for all the .... how to I put this mildly... rif raff customers from using the stores and causing problems.
glimmertwin
Mon, Jan 31, 2011 : 1 p.m.
If the township closes this store on Textile, I guess we will be forced to pay $.25 per gallon more by going elsewhere. The place is a dump, but the gas prices are usually the most fair in the area. The traffic problems for Speedway on Rawsonville is an option, but seem like a long way to have to go for gas. Thank you Township master plan.
jondhall
Mon, Jan 31, 2011 : 11:56 a.m.
Township attorneys contend in the complaint that the severity of the issues creates a public nuisance, and that some of the violations constitute a threat to public health. The complaint said the Textile Road location will cause "irreparable harm" to those in a nearby neighborhood if the situation isn't remedied. Well I'm not so sure about that location , However the one on Grove definitely fits that pattern I know many area residents will not even go there in fear of problems. If Saleh Hamati can not clean up his "house" and he has been given ample time then we shall clean it up. I say he is "done" take the license away, the police have been to Grove location an average on 1.5 times per week. I do not want to support his security efforts while he sells to minors. He will likely sell the business to his "cousin" and continue to operate. If building violations are not corrected he should be shut down. The only reason the one on Textile appears better is likely because the Sheriff patrol that area quite regularly going to the court house. Let's take Saleh Hamati to the court house himself one last time. I think after 52 visits in one year they should bill him for police services he obviously promotes this type of activity. I hope there are no doubts as to my thoughts and feelings. Please post your thoughts, once again thanks to the local officials that really care about Ypsilanti Township!
dading dont delete me bro
Mon, Jan 31, 2011 : 11:29 a.m.
how about the party store on share? (share/harris/i-94) there's been a shooting over there (last month?) and there are always wcsd calls to that location.
tdw
Mon, Jan 31, 2011 : 2:55 p.m.
that one's pretty bad too