Carrafa arranged to meet with the marshal after one of his employees received a warning over his advertising tactics.

Armed with a video camera, Carrafa took to Allen Street with the marshal in attendance, shouting, “Six Gun City! Two dollar margaritas!”

Hence, the first citation.

“I said, ‘If you’re going to cite me for this, I’m gonna fight you on the handbill ordinance, too, so I’ll be over there handing out handbills this afternoon.’ And then he cited me for handbills,” Carrafa said.

Tension between Carrafa and the city has been on the rise ever since Mayor Dusty Escapule took office and began enforcing the old handbill ordinance.

“When they first started the handbill ordinance, when they said you have to get a permit, I was trying to work with the city and I said, ‘Look, I won’t fight with you guys, I know it’s unconstitutional,’” said Carrafa.

Two weeks after his confrontation with Talvy, Carrafa got a surprise visit from Brown & Associates Certified Inspections Services, Inc.

Escapule hired them to inspect Six Gun City because the city has no record of a certificate of occupancy for the restaurant, a requirement for Tombstone businesses in effect since the city adopted the International Business Code in 2007.

“I actually have a video tape of the building inspector saying, ‘Oh, no, we’re not trying to shut you down,’” said Carrafa. “Three days later he sends me a cease and desist order shutting down my place.”

The inspector deemed an outback patio renovation unsafe.

Carrafa was scheduled to appear in court on April 14 to fight for the future of his business. However, that date was cancelled until further notice, and the city told him Six Gun City could remain open pending court proceedings.

When asked at Tuesday’s city council meeting what Six Gun City could do to fix the situation, Escapule said, “I don’t know how they’re going to remedy it and that’s not my problem.”

Council member Steve Troncale explained the city has its hands tied.

“The city of Tombstone belongs to a risk insurance pool and when the insurance company found out about it they informed the city that if we don’t do anything and if the structure fails that the city will be liable,” Troncale said. “The city had to act. That’s basically what had to happen.”

Brown & Associates is a private building safety and inspection service that was not officially hired by the city until Tuesday’s council meeting, two weeks after the Six Gun City inspection.

“I have the authority to hire them without a contract,” said Escapule.

Carrafa believes his challenge of solicitation laws and the inspection are more than a coincidence.

“I think Escapule’s orchestrating it,” said Carrafa. “He wants the streets to be run a certain way and I’m fighting it, and ever since then is when they started coming after me with the building issues.”

Escapule insists his influence does not exceed his job description as mayor.

“I’m the mayor. I’m not the building inspector, and I’m not the marshal,” said Escapule. “I will do what I think is best for Tombstone.”

Marshal Talvy did not return six messages left at his office by the Epitaph asking for comment.

According to Carrafa, the city wants to close Six Gun City immediately and the fast turn of events has his head spinning.

“It’s bang, bang, bang,” he said.