The Cell to remain closed pending its sale, judge says
YOUNGSTOWN — A lower Belmont Avenue bar, which a judge declared a public nuisance, will remain closed indefinitely pending potential sale of the business.
On Tuesday, Judge John M. Durkin of Mahoning County Common Pleas Court issued that order, which was agreed to by the city and the bar owner.
The order, in the form of a preliminary injunction, says the city and the bar owner, Jason M. Moore, have made progress in discussions concerning a resolution of the case, including possible sale of the business, and that “several viable options do exist.”
On Jan. 8, Judge Durkin granted the city’s request for a temporary restraining order against The Cell, a bar at 221 Belmont Ave. that operated in the shadow of the county jail. That order said the bar was to be boarded up and padlocked until further notice.
The city sought that order because it alleged that underage sale and possession of alcohol repeatedly occurred at the bar and said city police responded to incidents there 99 times over 21‚Ñ2 years.
On Jan. 20, Judge Durkin stayed all proceedings and held the case in abeyance for 30 days to give Moore time to try to sell the business and its liquor license to another operator.
Tuesday’s preliminary injunction continues the Jan. 8 restraining order but says that the city will move to vacate the injunction and allow the business to be sold if a purchaser acceptable to the city comes forward.
“If they can come forward with someone who’s willing to run it lawfully, we welcome them with open arms,” said city Prosecutor Joseph R. Macejko.
If there’s no such resolution, the city will apply for a permanent injunction to keep the bar closed, and the judge will hold a hearing on that request, according to Tuesday’s agreement.
If Judge Durkin issues a permanent injunction, the premises would be closed for a year from its issuance, and the question whether to make the premises dry will go on the ballot in that precinct in the next election, Macejko said.
“We are obtaining what we initially sought, which is stopping underage sales and underage consumption and all of the other criminal activity that was associated with that site,” Macejko said, explaining why the agreement is desirable for the city.
“We have in the back of our mind the added goal that we can have a lawful and productive business downtown, so, either way, we win,” the prosecutor added.
“It’s a satisfactory resolution because my client wishes to sell The Cell. The city of Youngstown is going to give him an opportunity to do that,” said Moore’s lawyer, Jeffrey A. Kurz.
Prospective buyers have expressed interest in the business, he said. “We have reason to believe that we can get this thing done very quickly,” he concluded.