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HomeMy WebLinkAboutmin.liquor-review.2013-02-13.pdf Liquor License Review Board MEETING MINUTES February 13, 2013 Present: Heather Brooks, Assistant City Manager; Anna Kangas, Plan Reviewer; Charles “Speedy” Wagoner City Staff Present: Lt. Barry Hovis, Police Department Call to Order Heather Brooks called the meeting to order at 4:00 p.m. Introduction and Opening Comments Ms. Brooks introduced the Board and explained the rules of order for addressing the Board. Approval of Minutes The minutes of the August 31, 2012 meeting were unanimously approved upon motion made by Ms. Brooks and seconded by Mr. Wagoner. COMMENTS, DISCUSSION & VOTING Review of appeal of recommended suspension of Amerimart #7, 1320 W. Cape Rock a. Ms. Brooks called for Public Comment from the floor. Seeing none; b. Ms. Brooks called for Applicant Comment. Beth Bollinger, Administrative Manager for Midwest Energy addressed the Board. Ms. Bollinger presented information about the company’s employee policy and employee training and the details regarding the incidents cited regarding the suspension. Ms. Bollinger continued by describing steps that the company had taken to improve employee compliance to liquor sale laws. c. Ms. Brooks asked City Police Department Lt. Barry Hovis to take the floor to clarify or explain the compliance check process and the recommendation for suspension and the communication with the licensee. The Board reviewed and discussed information provided. Mr. Wagoner and Ms. Brooks addressed Ms. Bollinger concerning the company’s challenge and responsibility to have employees comply with the laws and commended efforts to improve but that the Board stated that the history of violations had to be considered. Ms. Brooks called for the question. Mr. Wagoner motioned to uphold the suspension. Ms. Brooks seconded. The vote was unanimous. Ms. Brooks advised all appealing businesses that if the Board upholds the recommended suspension, a suspension letter would be sent to the business documenting the vote and that the suspension would be effective March 1, 2013. Liquor License Review Board Meeting Minutes February 13, 2013 Page 2 Review of appeal of recommended suspension of Southern Convenience Stores, 612 S. Sprigg Street a. Ms. Brooks called for Public Comment from the floor. Seeing none; b. Ms. Brooks called for Applicant Comment. Mr. Scott Blank, owner of Bi-State Oil Company operator Southern Convenience Store addressed the Board. Mr. Blank presented information about the company’s employee policy and employee training and his request to meet with interim Police Chief Fields. Mr. Blank continued by describing steps that the company had taken to improve employee compliance to liquor sale laws. c. The Board reviewed and discussed information provided. The Board commended Mr. Blank on his steps to ensure compliance, but also felt the number of violations warranted action. Ms. Brooks called for the question. Ms. Kangas motioned to uphold the suspension. Ms. Brooks seconded. The vote was unanimous. Review of appeal of recommended suspension of Slingers Nightclub and Lounge, 820 N. Sprigg Street, Ste. 6 a. Ms. Brooks called for Public Comment from the floor. Seeing none; b. Ms. Brooks called for Applicant Comment. Attorney John Harding representing Slingers Nightclub and owner Shaun Langford addressed the Board. Mr. Harding stated that his client’s business should not be penalized for the criminal acts of others. Mr. Harding further explained that in two incidents leading to the recommendation for suspension that the club’s employees performed their legal obligation of checking the patrons’ identifications and that the patrons had used fake IDs. Concerning these incidents, Mr. Harding stated that his client had asked police officers for advice to prevent this. Mr. Harding continued by describing another incident with an underage patron. Mr. Harding stated that at that time the business allowed 18 year old and older patrons into the bar and that the employees had not served this individual and that legal aged adults had provided the alcohol to the underage drinker. Mr. Harding then told the Board that the business changed its policy and no longer allows patrons under 21 years old and has started using an UV light to check IDs. Mr. Harding declared to the Board that a suspension would close the business and petitioned the Board to overturn the decision or change the penalty because the suspension recommendation was caused by third party activities. Mr. Shaun Langford, owner and operator of Slingers addressed the Board. Mr. Langford reiterated the statements of Mr. Harding and declared he believed to have a good reputation and worked well with the Police Department. He ended with a plea to overturn the recommendation for suspension. c. The Board reviewed and discussed information provided. Mr. Wagoner directed comments to Mr. Langford concerning several police responses to the business location and stated that Mr. Langford was responsible for the activities on the premises including on the parking lot. In response to questions from Board member Ms. Brooks, Mr. Langford indicated that the UV light was implemented in late November or early December and during the period that 18-year olds were allowed in the business that they were identified with a bracelet and ink marking system. Ms. Brooks added that business practice of allowing underage patrons makes the business responsible. Ms. Brooks also stated that she found the levels of intoxication and number of police calls troubling (over 40 in one year); adding the number of police calls could be found to be a nuisance violation as well. Ms. Brooks went on to acknowledge that this nightclub review was Liquor License Review Board Meeting Minutes February 13, 2013 Page 3 different than the earlier reviews of the convenience stores and that a suspension would have a different impact on a nightclub. Ms. Brooks called for the question. Mr. Wagoner motioned to uphold the suspension. Ms. Brooks seconded. The vote was unanimous. Adjournment There being no further business, the meeting was adjourned at 4:55 p.m. Respectfully submitted, Bruce Taylor Administrative Coordinator