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HomeMy WebLinkAboutagenda.2014-06-06.packet.pdfCity of Cape Girardeau Liquor License Review Board June 6, 2014 City Hall — City Council Chambers 401 Independence Street 2:30 p.m. AGENDA 1. Call to Order 2. Introduction and Opening Comments 3. Approval of November 20, 2013 minutes 4. Review of suspension of liquor license for Bi -State Oil Company, d/b/a Southern Convenience Stores, 612 South Sprigg Street a. Public Comment b. Applicant Comment c. City Staff Comment d. Board review, discussion, and possible action 5. Adjourn The Liquor License Review Board of the City of Cape Girardeau, Missouri, may hold a closed session to discuss legal actions, causes of legal action or litigation, or confidential or privileged communications with its attorneys. CITY pit CAPE GIRARDEAU City of Cape Girardeau Liquor License Review Board November 20, 2013 City Hall — City Council Chambers 401 Independence Street 3:30 p.m. Roll Call — Board Members: ® Mrs. Carol Peters ® Mr. Ryan Shrimplin, Chief Review Officer ® Mr. Charles "Speedy" Wagoner 1. Call to Order Roll Call — City Staff: ® Mr. Tim Morgan, Director of Inspection Svcs. The Liquor License Review Board convened on Wednesday, November 20, 2013, at 3:30 p.m. with Chief Review Officer Mr. Ryan Shrimplin presiding and Board Members Mrs. Carol Peters and Mr. Charles Wagoner present. 2. Introduction and Opening Comments Mr. Ryan Shrimplin introduced the members of the Board and reviewed the agenda items and meeting format. 3. Approval of April 8, 2013 minutes A Motion was made by Carol Peters, seconded by Charles Wagoner to approve. Motion approved. 3-0. Aye, Peters, Shrimplin, Wagoner. 4. Review of approval and appeal of liquor license for That One Bar, 36 North Spanish Street a. Public Comments Mr. Loyd Ervin, of 115 Themis Street, appeared and said that he lived there with his daughter before he moved. He said that he did not have problems with cigarette smoke before that location became a bar. He said that the smoke is worse when the bar has a busy night, and better when they are having a slow night. Mr. Ervin said that his daughter has health concerns that are aggravated by the smoke problems, and they are looking into pressurizing the building to prevent smoke from entering residence. b. Applicant Comments Mr. Jeff Koenig, Manager of THAT ONE BAR, appeared and said that he had hired Dutch Enterprises to look over the bar's exhaust system and they had installed the most expensive filters they had, in an attempt to satisfy Mr. Ervin's concerns. 0 401 Independence Cape Girardeau, MO 63703 573-339-6320 Tel 573-339-6302 Fax https://www. cityofca peq i ra rdeau. orglCitVHa II/Liquor-Lice nse-Review-Boa rd. aspx CITY Ot CAPE GIRARDEAU c. City Staff Comments Mr. Tim Morgan, Chief Review Officer, appeared and said that he had visited Mr. Ervin's home and business, ERVIN'S METALSMITHS, at 115 Themis Street and he could smell the obvious odor of cigarette smoke in one room. THAT ONE BAR was not open for business at the time of his visit. Mr. Morgan said that he and Dutch Enterprises had discussed ways to prevent the odor of cigarette smoke from entering Mr. Ervin's home and business. Dutch Enterprises recommended that Mr. Ervin cap the vent stacks on the roof. Mr. Ervin had said that he was unsure of the function or purpose of the vents. Dutch Enterprises indicated that they found no obvious vent to exhaust air from THAT ONE BAR and likened the bar's lack of vents to a balloon that leaks air to equalize pressure. Mr. Daniel Grim, attorney for Mr. Rick Wemer, the building owner, appeared and asked where the smell of smoke was coming from, since THAT ONE BAR was closed at the time of Mr. Morgan's visit to 115 Themis Street. Mr. Ervin reappeared and said that the odor of cigarette smoke is light when the bar has a small crowd, but when the crowd at the bar is heavier, the smell is thicker. Mr. Shrimplin asked if Mr. Ervin could see the smoke on those nights. Mr. Ervin replied that the odor has woken his family from sleep and that they can taste it in the air. Mrs. Peters asked if another neighboring bar, LODOS, also had a large crowd on those nights when the smell of smoke was strong. Mr. Rick Werner, the building owner, addressed the Board and denied that the odor of cigarette smoke is stronger when the crowd is heavier. He said that in one instance, Mr. Ervin called him and complained that the smell of smoke was particularly heavy, just after he had spoken to Mr. Koenig on the phone, who had complained of a particularly slow night at the bar. d. Board review, discussion, and possible action Mr. Wagoner remarked that the smoke has to be coming from some place, and he would really like to see something happen to help relieve Mr. Ervin's concerns. Mr. Shrimplin replied that all the Board can do is enforce the existing codes. Until now, it was understood that THAT ONE BAR was following the codes as written — however, some of those codes regarding ventilation issues may need to be addressed. Mr. Shrimplin said that this issue will arise in cities that do not have a smoking ban in force, and the downtown area is different from other areas in Cape Girardeau. Unfortunately, you can't escape this situation entirely, no matter what is done, since the odor of cigarette smoke is probably coming from more than one source. He said that the Board will need to continue to monitor the situation. 401 Independence Cape Girardeau, MO 63703 573-339-6320 Tel 573-339-6302 Fax https://www. cityofcapeg i ra rdeau. orq/CitvHa II/Liquor-Lice nse-Review-Boa rd. aspx CITY Cit CAPE GIRARDEAU Motion to approve liquor license. A Motion was made by Carol Peters, seconded by Charles Wagoner to approve. Motion approved. 3-0. Aye, Peters, Shrimplin, and Wagoner. 5. Adjourn Meeting ended at 4:05 p.m. A Motion was made by Carol Peters, seconded by Charles Wagoner to adjourn. Motion approved. 3-0. Aye, Peters, Shrimplin, and Wagoner. 06 401 Independence Cape Girardeau, MO 63703 573-339-6320 Tel 573-339-6302 Fax https://www.cityofcapegirardeau. org/CityHall/Liquor-License-Review-Board. aspx BI -STATE SOUTHERN OIL CO. 601 N. Broadview Cape Girardeau, MO 63701 Ph: 573/335-7186 Fax: 573/335-3259 www.bistateoilcompany.com City of Cape Girardeau Liquor License Review Board Attn: Trisha Holloway P O Box 617 4011ndependence Cape Girardeau, MO 63702 Ms. Holloway: RECEIVED APR 141014 April 11, 2014 I am writing to formally appeal the suspension of my liquor license at 612 South Sprigg Street. As a company we work hard to screen our applicants before being hired so that they do not have any prior offenses of record. Further, each applicant is required to pass a drug test before being hired. Once a decision is made to hire, each person goes through a training process and testing for Techniques of Alcohol Management and CAST (Certified Alcohol Sales Training), two sales training course sponsored by our National Association of Convenience Stores (NAGS). We also include a We Card video that incorporates alcohol and tobacco sales training. Follow up training is performed through my company being a regular attendant in the city sponsored training seminars that occur periodically. 1 pay my employees to attend these city sponsored training opportunities. My company also conducts its own compliance checks through the BARS program that we pay for to make sure our sales associates are asking for ID and we reward for with a passing grade. I would challenge the board to find another convenience store that puts this much effort into their training. I had purposely delayed writing this letter to first have a meeting with Chief Blair. Due to the unfortunate death of Roger Fields, this meeting had to be delayed until Friday, April 11`". At this meeting I had a good discussion with Chief Blair and other officers of the Cape Girardeau Police Department. Clearly, our store at 612 South Sprigg has an issue with passing compliance checks. We have done a good job under the BARS program and the sales associate that was terminated due to the failure of this specific compliance check received a passing grade from BARS just 4 days prior. I went over in detail our current training and follow up training with the members of the police department in our meeting. They were all impressed with our level of training and importance that we place on this issue. However, I did receive some good input from this meeting that I will be implementing to further increase awareness on this issue. Specifically, Officer Couch will be attending our weekly manager meetings every other month to go over properly checking ID's and evaluating the procedure to make sure we are stressing this at our stores. Our policy will remain that we card everybody regardless of age. In addition, we will be including the We Card compliance checks to our store locations to have two separate compliance checks performed each month for alcohol sales, one by BARS and one by We Card. Follow up training will be conducted at store level with a WE Card training video with passing test score quarterly and continued attendance to the city sponsored ID classes. Finally, it is our policy to terminate anyone who fails a compliance check and we will continue to enforce this. However, I am also implementing fines and penalties, including termination for each store manager. One failed compliance check is a $500 loss of commission net, two fails is $1,000 commission loss, and three fails is a week suspension without pay and loss of commission sales for that week of suspension. Four failures in 12 months of time will be a termination of employment. This is a very important issue that must be stressed upon heavily to the store manager and sales staff to be of the upmost importance. I have also switched insurance carriers to which my new carrier will be conducting an annual ID seminar and compliance review with our staff. These failures are a reflection to the type of operation I am running as a business. These failures at this location are not reflective of our entire operation, but of this specific store. Clearly, we do a lot to screen, train, and follow up with each sales associate to make sure they are doing their jobs. But, the failures in checks show we need to evaluate and better enforce the policies that we have implemented. I feel after meeting with the Cape Girardeau Police Department that we have a good game plan and more consistent training and enforcement of policy moving forward. I am very sorry for this situation and embarrassed for me and my company. My family has been doing business in Cape Girardeau for over 70 years. This penalty is a reflection that affects me personally. I will work hard to make sure we are doing all we can to pass these compliance checks. I am happy to provide follow up progress reports and information on our continued follow up training and cooperation with the Cape PD to provide on-site training to you and your board. Further, I would offer up funding the current grant funded compliance checks in order to provide for more compliance checks, more often. I want to do my part as a business owner and citizen to keep alcohol out of minor's possession. I look forward to discussing any and all of this. Thank you for your titme and cons' eration. �` R. Scott Blank, Owner CITY of CAPE GIRARDEAU OFFICE OF THE CITY MANAGER LIQUOR LICENSE SUSPENSION NOTICE The City of Cape Girardeau liquor license held by Bi -State Oil Company, d/b/a Southern Convenience Stores, located at 612 S. Sprigg St., License No. 17421, for Original Package Liquor & Sunday Sales is hereby SUSPENDED. GROUNDS FOR ACTION: Sale of liquor to persons under the age of twenty-one (21) on or about August 6, 2013, December 19, 2013 and March 20, 2014 at the Southern Convenience Store at 612 S. Sprigg St., liquor licensee Bi -State Oil Company. License was suspended for seven (7) days in 2013 for previous sales of liquor to minors. SUSPENSION EFFECTIVE DATE: April 15, 2014 LENGTH OF SUSPENSION: Fourteen(14)days The licensee may appeal this suspension by requesting a hearing before the liquor license review board. The written appeal request must be received within ten (10) days after this notice of suspension was received. The suspension notice is presumed received by the licensee three (3) days after it is mailed. The appeal must be in writing and addressed to: Trisha Holloway, Liquor License Review Board, City of Cape Girardeau, P.O. Box 617, 401 Independence, Cape Girardeau, MO 63702. Pursuant to, Sec. 5x42 of the Cape Girardeau Code the SUSPENSION is hereby Ordered. �7� C A yer t Date City Manager I certify that on this day of 40n 2014, I mailed a copy of this NOTICE to Robert S. Blank, Bi -State Oil ompany, by first class mail, postage paid, to the address provided the City by the licensee on the liquor license application: 601 North Broadview, Cape Girardeau, MO 63701. Gayle V. 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