Loading...
HomeMy WebLinkAboutmin.liquor-review.2018-03-19.pdf Liquor License Review Board 1 March 19, 2018 Liquor License Review Board March 19, 2018 Police Station Community Room 2530 Maria Louise Street Cape Girardeau, MO 63701 Board Present: Lori Meyer, Human Resources Manager, Chief Review Officer Steve Cook, Assistant Public Works Director Brandon Cooper City Staff Present: Gayle Conrad, Director of Citizen Services, City Clerk Greg Young, Assistant City Attorney Lt. Bradley Smith, Police Department Others Present: Mark Welker, The Limbaugh Law Firm, Attorney for Whiskey Business Tim Schloss, Whiskey Business LLC, d/b/a Lats Call Cory Huskey, Manager of Last Call Call to Order Chief Review Officer Lori Meyer called the meeting to order at 3:30 p.m. She introduced the Board and explained the rules of procedure for addressing the Board. Approval of the January 8, 2018, Liquor License Review Board meeting minutes. A Motion was made by Cooper, Seconded by Cook, to approve. Motion passed. 3-0. Ayes: Cook, Cooper, and Meyer. Items for Review Review of appeal of revocation of Retail Liquor by the Drink and Sunday Sales License for Whiskey Business, LLC, d/b/a Last Call, located at 632 Broadway, Cape Girardeau, Missouri. Mr. Cooper stated that he graduated with Mr. Huskey and knows him but has had no contact with him regarding the details of this proposed revocation. Chief Review Officer Lori Meyer called for Applicant Comment. Mr. Welker, attorney for Whiskey Business, stated that Last Call received the revocation notice on March 8 and has not conducted any business since that date. He reviewed the details of the violations which occurred on August 26, 2017, and February 11, 23 and 24, 2018, referenced in the Revocation Notice. Since August 26, 2017, Mr. Huskey, the Liquor License Review Board 2 March 19, 2018 Manager of the bar, implemented a protocol to collect all counterfeit identification cards presented for admittance to the bar and turn them into the Cape Girardeau Police Department. Mr. Welker stated that defense of prosecution for sale of alcohol to a minor is that if liquor is sold to a minor exhibited to be 21, and the bar representative is given a fake ID and he believed the individual to be 21, then he cannot be prosecuted. Mr. Welker ask the Board to use that same standard of prosecution and dismiss all the incidents cited in the Revocation Notice. He continued by reviewing the steps and training the bar owner has taken to identify fake ID cards, and what the bar has done to be good stewards to the community and cooperate with the Police Department. It was his opinion that the issue of minors in possession will not be solved if this revocation is upheld. Mr. Cooper questioned the number of IDs turned over to the Police Department by Last Call, what percentage of IDs presented are fake, the number of customers at the bar when Southeast is in session, the patron to staff ratio, and numerous other questions. Mr. Welker, Mr. Huskey, and Mr. Schloss responded to all questions and reviewed their business practices to prevent patrons under 21 from entering the bar. Mr. Husk ey further explained that with new technology, even scanner systems may not be able to detect a fake identification card, and he has provided additional staff training on recognizing fake IDs. Mr. Cooper also questioned why no violations occurred at this location until approximately 2012. Mr. Schloss responded that this is the first bar he has ever owned, and he noticed a difference in the crowd when Slingers on North Sprigg Street closed. Prosecuting Attorney Greg Young continued that liquor enforcement was previously handled by State Liquor Control. Due to budget cuts the liquor agents were removed from the Southeast Missouri area, and the city picked up the enforcement responsibility. Since that time, there have been more documented incidents. Chief Review Officer Lori Meyer called for Staff Comment. Lt. Brad Smith appeared and stated that Mr. Huskey keeps the Police Department informed on what is going on at the bar. Lt. Smith expressed concern with the technology to create fake IDs and the inability to distinguish a real ID from counterfeit. ID scanners utilize the magnetic strip on the back of an ID, and technology has provided for the ability to change these strips. One bar in the city uses ID scanners but still requires 2 forms of identification for admittance to the establishment. He and Corporal Richard Couch have spoken to university students, sororities and fraternities on what happens to them personally if they receive a citation for underage drinking or minor in possession. They have worked with the University Judicial Review Board and with the Department of Public Safety. Upon questioning by Mrs. Meyer, Lt. Smith stated that it is the responsibility of the employees at the door of the establishment to carefully review all IDs and allow admittance. Sometimes the staff are quick to review IDs if they are overwhelmed with the volume of people trying to get in or may have improper lighting to view the IDs. Lt. Smith continued that the IDs presented at Last Call on 2/23 and 2/24 were obviously counterfeit due to the coloring and the photo not being properly centered. He did state with the new technology, it is difficult to identify counterfeit identification cards. Mr. Cook questioned if there was anything else Last Call could do to prevent underage admittance. Lt. Smith st ated Liquor License Review Board 3 March 19, 2018 that Mr. Huskey is reporting any issues and providing fake IDs to the Police Department to use for training, many of which are hard to pick out as counterfeit. The Board reviewed and discussed the information provided. Chief Review Officer Lori Meyer called upon the Board to make a decision. A Motion was made by Cooper, Seconded by Cook, to deny the revocation and allow Last Call to remain open. Following discussion, the motion passed. 3-0. Ayes: Cook, Cooper and Meyer. Meeting Adjournment There being no further business, the meeting ended at 4:45 p.m. A Motion was made by Cooper, Seconded by Meyer, to adjourn. Motion passed. 3-0. Ayes: Cook, Cooper and Meyer. Minutes taken by: Gayle Conrad Director of Citizen Services/City Clerk