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Steubenville's Club 106 declared nuisance, to be closed for 6 months

Updated: Friday, January 17 2014, 02:31 PM EST

By: NEWS9 and Jennifer Black

The controversial Club 106 in Steubenville will be closed for six months after a judge officially declared the business a nuisance Friday.

Several shootings have happened near the club, which was raided in May 2013.

After a longtime battle between the city of Steubenville and the club's owner, the two sides came to an agreement in a Jefferson County on Friday.

"You're either in or you're out. You want a hearing or you want to do this agreement? I'm happy with whatever you decide to do," Judge Joseph Bruzzese told Club 106 owner Derek Smith in court Friday morning.

Smith and the prosecution ultimately agreed that the club will be declared a nuisance. Smith can go to the bar and retrieve his belongings before 6 p.m. Saturday, then the bar will be padlocked for the next six months.

Steubenville Prosecutor Costa Mastros said, "He and only two other people will be able to go into the business, take whatever items he might want to take out from there, turn off the water, do all those things, turn off the electric … and then thereafter it will be padlocked."

Smith's defense attorney, Aaron Miller, said the agreement is fair considering the statute in Ohio required a business to be shut down for 12 months and everything inside be forfeited if a judge finds there is a nuisance.

"With this agreement, we cut the shutdown time in half, and we're not giving up any property other than the property that was taken during the raid, which wasn't my client's property anyway," Miller said.

With regard to the agreement, Steubenville Law Director Gary Repella said he was also pleased with the outcome.

"During this next six months our police will be watching the club. And this is the second nuisance violation that we've had against him in the last 12 years so we're very happy about it," Repella said.

Looking ahead to the future of the club, Repella said, "If he's able to get a liquor permit, well fine. Then he can open up and operate under the laws of Ohio in regards to a liquor permit If he wants to do that, it's fine, we'd have no problems with that."

"(Smith) wants to be able to do those things and the best way for him to do that is to take this next six months and do what he has to do with the liquor commission," Miller said.

Stay with NEWS9 and WTOV9.com for continuing coverage.

Steubenville's Club 106 declared nuisance, to be closed for 6 months

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