07/28/1992
OCCUPATIONAL LICENSE APPEAL TO THE CITY MANAGER
by Barbara W. Phillips, Zimbanx, Inc., dba Zimbal's
July 28, 1992 - 11:00 a.m.
Present: Kathy S. Rice, Deputy City Manager
Dick Hull, Assistant City Attorney
Detective Robert Pease, Clearwater Police Department
Gwen Legters, Staff Assistant II
Also Present: Barbara W. Phillips, Appellant
Wayne Timmerman, Esquire, Representing Appellant
Kathy S. Rice, Deputy City Manger, called the meeting to order at 11:00 a.m. and witnesses
were sworn in by Ms. Legters. Ms. Phillips was asked to make her statement.
Barbara Phillips, owner of Zimbanx, Inc., dba Zimbal's, 1747 Drew Street, stated her
application for occupational license was denied by the police department based on out-of-date
information listed in the Corporation Status Report on file with the Department of State. She
stated Gary W. Zumbaugh, formerly listed as secretary-treasurer on the status report, is a
convicted felon currently serving a jail sentence. She stated Mr. Zumbaugh has relinquished
all interest in the corporation and has no further affiliation with Zimbal's except as a creditor.
A question was raised whether or not Ms. Phillips has any documentation of this resignation.
She stated she filed a current corporate status report with the Secretary of State on June 12,
1992, listing her son, Samuel A. Phillips as secretary-treasurer. She was requested to obtain a
copy of this report. She also submitted a copy of minutes detailing the meeting of the Zimbanx
board of directors, wherein Mr. Zumbaugh resigned, transferred his stock to Samuel Phillips
and Mr. Phillips was elected to fill the post. These minutes were read into the record.
Detective Pease stated the basis for the denial is the occupational license application was
submitted while Gary Zumbaugh was still listed as a principal of Zimbanx with the Department
of State Division of Corporations. He stated until an amended report is filed, Mr. Zumbaugh
technically remains a member of the corporation.
Wayne Timmerman, attorney representing the appellant, indicated obtaining a copy of the
report has been delayed due to the State Department's requirement for a formal written
request to be submitted. He requested the Deputy City Manager withhold ruling until the
document is obtained.
Ms. Rice indicated she will review the status report prior to making a judgement, discuss with
the City Attorney and notify the appellant in writing whether or not filing an amended
application will be necessary.
The meeting was adjourned at 11:08 a.m.
MINOL07A.92 1 7/28/92