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Hotel California to appeal for liquor license today
By ROBERT CONNELLY
YOUNGSTOWN
Sebastian Rucci gets to appeal his liquor license in Youngstown today, just one issue the embattled businessman is dealing with while trying to open his new business venture, Hotel California.
The liquor-license hearing will take place with Ohio Division of Liquor Control officials at 1:30 p.m. at 120 Market St., downtown. The license is under the name of Rucci’s business partner and former lawyer, James Vitullo.
“We’ve been prepared for this for five years,” Rucci said. “It should be a real interesting day as it unfolds.”
Initially, the hearing was set for early September but was pushed back to early November. Both Austintown Township and Mahoning County filed objections to the hotel’s application for liquor due to Rucci’s past with the Go Go Girls Cabaret at the same location.
While Rucci has been waiting for his liquor hearing, he has had other issues to worry about related to his hotel — known for its faux palm trees and rainbow lights just on the other side of Interstate 80 from Hollywood Gaming at Mahoning Valley Race Course.
For example, Rucci’s open house Monday was shut down after about an hour by Austintown police and fire departments because there was no occupancy permit for the building.
Rucci said the hotel has just finished work on the fourth floor and that he will file for an occupancy permit soon.
In another matter, Judge John R. Adams of the U.S. District Court Northern District of Ohio still had not ruled on a temporary restraining order against Rucci in a case alleging trademark infringement on the name Hotel California.
That case was in court in Akron on Oct. 29, with Rucci, his lawyers and lawyers representing Richard A. Butler III and Ocean Avenue Properties.
Butler and Ocean Avenue claim trademarks for Hotel California and The Hotel California, and that they had sent Rucci two cease-and-desist letters this year. Butler has been operating a Hotel California in Santa Monica since 1997.
The case alleges trademark infringement, trademark counterfeiting and violation of the Ohio Deceptive Trade Practices Act with no less than a $500,000 award to be determined at trial.
Rucci remarked on the fact that the judge was surprised that The Eagles did not own the trademark for the name of one of the band’s hit songs.
Rucci also recently filed an appeal on the last of his Go Go charges. Those are illegal sales and keeper of place/beer or liquor sold illegally. He was found guilty on both by a jury in Mahoning County Area Court in Austintown March 31. He had been sentenced to 30 days in jail and $3,000 in fines, but Rucci had told the judge then that he planned to appeal.
In recent weeks, Rucci has filed that appeal.