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Home My WebLink Aboutmin.liquor-review.2018-06-18.pdfCITY CAPE GIRARDEAU Liquor License Review Board June 18, 2018 City Council Chambers 4011ndependence Cape Girardeau, MO 63701 Board Present: Lori Meyer, Human Resources Manager, Chief Review Officer Steve Cook, Assistant Public Works Director Brandon Cooper [arrived at 9:43] City Staff Present: Bruce Taylor, Deputy City Clerk Greg Young, Assistant City Attorney Lt. Bradley Smith, Police Department Others Present: Ricky Werner Ron Garms, Attorney for River Valley Banquet Center, I.P. Banquet Center, LLC, and Ricky Werner Sandy Meyer, Recorder Call to Order Chief Review Officer Lori Meyer called the meeting to order at 9:43 a.m. She introduced the Board and explained the rules of procedure for addressing the Board. A Motion was made by Lori Meyer, Seconded by Brandon Cooper, to approve the April 18, 2018, Liquor License Review Board meeting minutes. Motion passed. 3-0. Ayes: Cook, Cooper, and Meyer. Items for Review Review of appeal of denial of Retail Liquor by the Drink and 5% Liquor By the Drink Liquor License for Ricky Werner, d/b/a I.P. Banquet Center, LLC, located at 5 South Henderson, Cape Girardeau, Missouri Chief Review Officer Lori Meyer called for Applicant Comment. Ronald Garms, representing Ricky Werner, asked to consolidate the two items. He noted that both denials cited several of the same reasons. Chief Review Officer Lori Meyer stated that the comments for the two items could be consolidated, but that the Board would consider and make a decision for each item separately. Liquor License Review Board 1 June 18, 2018 CITY of CAPE GIRARDEAU Garms continued. He stated that the City Manager had been presented with erroneous information and an anonymous tip to base his denial decisions. He noted that Werner was not operating the business at 5 S. Henderson during the time of the cited violations, and that the charges against Werner were dismissed by the Cape Girardeau County Prosecuting Attorney O'Brien. Previously, Werner had operated a bar at this location for 30 years without incident. During the period of cited violations, Werner had leased the property to William Horman, who operated the bar. Since the time of Horman's management, the State has granted a Liquor License to Werner. Garms then spoke about the denial of renewal of Retail Liquor for Ricky Werner, d/b/a River Valley Banquet Center, LLC, located at 631 South Sprigg, Cape Girardeau, Missouri. He said that Lt. Smith contacted the facility about no minors allowed at the banquet center. Later, there was accusation of selling alcohol under cost. However, the facility has passed all inspections. Werner added that there is no legal basis for denial of either license. He also stated that several provisions in the City Code concerning Liquor License were not enforceable and that the Liquor License review Board practice violated the Missouri and U.S. Constitutions. Chief Review Officer Lori Meyer called for Staff Comment. Lt. Brad Smith appeared and reviewed his duties related to liquor licenses. He spoke on both items also. He reiterated the information from the incident reports included in the agenda packet. Chief Review Officer Lori Meyer noted that reports and incidents in the letter are dated 2017 and 2018, and asked if there were any incidents before that. Smith said that he had only provided information for one year. Member Cooper asked if Smith had spoken with the current license holder. He replied only on the phone concerning running a bar. A Motion was made by Cooper, Seconded by Cook to take a ten minute recess. Motion passed. 3-0. Ayes: Cook, Cooper and Meyer. A Motion was made by Meyer, Seconded by Cooper to convene to closed session for legal actions and litigation, confidential communications with legal counsel, pursuant to RSMo. Sections 610.021(1). Motion passed. 3-0. Ayes: Cook, Cooper and Meyer. Chief Review Officer Lori Meyer reconvened the regular session at 11:15 a.m. The Board reviewed and discussed the information provided and the comments presented. Liquor License Review Board 2 June 18, 2018 Chief Review Officer Lori Meyer called for the Board to act on the matter of the appeal of denial of Retail Liquor by the Drink and 5% Liquor By the Drink Liquor License for Ricky Werner, d/b/a I.P. Banquet Center, LLC, located at 5 South Henderson, Cape Girardeau, Missouri A Motion was made by Lori Meyer, Seconded by Steve Cook, to overturn the City Manager's denial and directed the City to issue the retail liquor by the drink liquor license for I.P. Banquet Center LLC, located at 5 South Henderson Street, Cape Girardeau, Missouri. Following discussion, the motion passed. 3-0. Ayes: Cook, Cooper and Meyer. Chief Review Officer Lori Meyer called for the Board to act on the matter of the appeal of denial of renewal of Retail Liquor by the Drink, 5% Liquor By the Drink, Sunday Sales, and Consumption of Liquor License for Ricky Werner, d/b/a River Valley Banquet Center, LLC, located at 631 South Sprigg, Cape Girardeau, Missouri A Motion was made by Lori Meyer, Seconded by Brandon Cooper, to overturn the City Manager's denial and directed the City to issue the retail liquor by the drink and Sunday Sales liquor license for River Valley Banquet Center LLC, located at 631 South Sprigg Street, Cape Girardeau, Missouri. Following discussion, the motion passed. 3-0. Ayes: Cook, Cooper and Meyer. Meeting Adiournment There being no further business, the meeting ended at 11:30 a.m. A Motion was made by Brandon Cooper, Seconded by Lori Meyer, to adjourn. Motion passed. 3-0. Ayes: Cook, Cooper and Meyer. Minutes taken by: Bruce Taylor Deputy City Clerk Liquor License Review Board 3 June 18, 2018 CITY of CAPE GIRARDEAU Liquor License Review Board Closed Session June 18, 2018 City Council Chambers 4011ndependence 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: Bruce Taylor, Deputy City Clerk Greg Young, Assistant City Attorney Call to Order The Liquor License Review Board convened in closed session on lune 18, 2018, at 10:40 a.m. with Chief Review Officer Lori Meyer presiding and Members Steve Cook and Brandon Cooper, Greg Young, Assistant City Attorney, and Bruce Taylor, Deputy City Clerk in attendance. Confidential Communications with Legal Counsel Members of the Board asked questions related to State regulations and City Ordinances. Assistant City Attorney Greg Young responded that the City can be more restrictive, but cannot allow something that the State prohibits. Mr. Young also read from Chapter 5 entitled Alcoholic Beverages of the City Code of Ordinances. He also disagreed with Garms' statement that a conviction is required in order to make an arrest permissible as cause to deny. Adjourn A Motion was made by Brandon Cooper, Seconded by Steve Cook to adjourn closed session at 11:10 a.m. and to reconvene regular session. Motion passed. 3-0. Ayes: Kinder, Moore, Presson Minutes taken by: Bruce Taylor Deputy City Clerk Liquor License Review Board 1 June 18, 2018 CITY of CAPE GIRARDEAU City of Cape Girardeau Liquor License Review Board Date: >> Time:'q i0 Site:c,w,r,i �1- Attendee Sign -in Sheet