Pure Entertainment's License Suspended

May 18, 2010

Pure Entertainment at 8545 Irving.

By Kim Hynes (WICHITA, Kan.)

Pure Entertainment will close for 90 days. The Wichita City Council voted to suspend the inflatable company's license in five days. The decision came after more than two hours of discussion.

The issue came before the city council because of a discovery by the Wichita Police Department. In March, a 5-year-old boy fell off of an inflatable and died. When police came in to investigate, they discovered issues with Pure Entertainment's licensing. The licensing issue is separate from the death investigation, but that's how it came to light.

Wichita police found that the inflatables weren't inspected by a licensed inspector. Jesse Zogleman signed off on the rides but his license had lapsed in 2008. Jesse is the son of the owner of Pure Entertainment Duane Zogleman. Duane Zogleman says he didn't realize his son's license wasn't valid.

The invalid license is a violation of city code and the police department revoked Pure Entertainment's license in March. Zogleman filed an appeal that went before the city council Tuesday. Zogleman says after he learned of the issue, the inflatables were inspected by a third party and were all deemed safe, including the one the boy fell off of.

Pure Entertainment's attorney Mark Schoenhofer says the Zogleman's were confused by the certification process and had no idea Jesse's license had lapsed. He says the improper licensing did not cause the death of 5-year-old Matthew Branham. He says that was a tragic accident that would have happened regardless of the licensing. He says in Zogleman's 25 years in the business, he's never had an accident or issue until now. Since the fatal accident, Schoenhofer says Pure Entertainment has lost 98% of its business.

City council members often pointed out that their job was to focus on the violation of the ordinance and nothing else. City staff recommended the council permanently revoke the license. But all council members thought that was too stiff of a punishment.

Council member Paul Gray says while Pure Entertainment made an error, he thinks the city did as well. He thinks the city ordinance should be updated and the city should be required to follow up to make sure an inspector is properly licensed. Council member Sue Schlapp says their decision will likely have little impact on Pure Entertainment, since the public has already stopped going to the facility.

After much discussion, the council decided a suspension would make more sense than revoking the license. Gray and Schlapp thought a 30 suspension would be enough. Council members Janet Miller and Jeff Longwell proposed a 90 days suspension. Mayor Carl Brewer says he thought a one year suspension would make the most sense. He says he doesn't believe the Zogleman's were confused by the licensing, he thinks they either forgot or put off renewing the inspector's license.

Longwell eventually made a motion for a 90 day suspension. That motion passed six to one, with Mayor Brewer voting against it. The council also wants to take another look at the ordinance relating to inflatables. The city manager says they are working with the amusement industry and hope to have a draft to present to council in the next couple of months.

Schoenhofer says they're relieved the council didn't revoke the license and will take the suspension. He says it's going to be a challenge for the Zogleman's to stay in business during that time period. The suspension also counts for Zogleman's home based inflatable business called Moonwalks for Fun.

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