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HomeMy WebLinkAboutmin.liquor-review.2018-04-18 Liquor License Review Board 1 April 18, 2018 Liquor License Review Board April 18, 2018 City Council Chambers 401 Independence 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 Chief Wes Blair, Police Department Others Present: Mark Welker, The Limbaugh Law Firm, Attorney for Whiskey Business Tim Schloss, Whiskey Business LLC, d/b/a Last Call Cory Huskey, Manager of Last Call Call to Order Chief Review Officer Lori Meyer called the meeting to order at 5:33 p.m. She introduced the Board and explained the rules of procedure for addressing the Board. A Motion was made by Cook, Seconded by Cooper, to approve the March 19, 2018, Liquor License Review Board meeting minutes. Mr. Cooper questioned the accuracy of a statement on page two of the minutes where Lt. Smith stated “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.” Lt. Smith confirmed that is what he said. 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. Chief Review Officer Lori Meyer called for Applicant Comment. Mr. Welker appeared on behalf of Whiskey Business and spoke regarding two incidents that occurred at the bar since the last Board meeting. Two students Liquor License Review Board 2 April 18, 2018 submitted probable cause statements that they entered the premise by displaying their valid ID with additional money under the ID and the bouncer allowed admittance to the bar. Mr. Welker questioned if the students were lying. In addition, the officers at the time did not perform a search of the students and therefore did not know if they were carrying a fake ID. The bar owner has contacted an electrician and state liquor control to determine the best scanners and methods to catch fake IDs, but they have only had three weeks since the last hearing to take care of this. Shutting down the business will not solve these problems, and the same crimes will occur elsewhere. The business is willing to do whatever the city requires and to help with the problem and alleviate it at the source. Mr. Huskey, 1955 Briarwood, Manager of Bar, appeared and further discussed the two incidents referenced. He reviewed the research and work he has completed regarding installation of scanners, cameras and lighting. He did not implement scanners or continue with any additional recommended improvements to the premises because he received the Notice of Revocation. Mr. Schloss, 9916 Winkle Road, St. Louis, MO, owner of the bar spoke in opposition to revoking the liquor license. He reviewed the history of the location and the investment he has put into improving this property. The establishment does not deserve to be put out of business, and everyone needs to come together to determine how to correct this issue in all establishments in the city. Mr. Cook requested further explanation on the IDs and money submitted to the bouncer to allow admittance. Mr. Schloss stated that the students are lying and that it did not happen. None of the bouncers present that evening were Sig Tau members as included in the Police report. Mr. Huskey continued that in addition to the bouncers, he has staff walking through the premise and checking IDs. Upon questioning by Mr. Cooper, Mr. Huskey stated that the business reopened the day after the last hearing and has been open Tuesday through Saturday each week except Easter weekend. In addition, immediately following the hearing he contacted State Liquor Control and a private company regarding ID scanners. Mr. Cooper also inquired about repercussions to underage individuals providing fake IDs for admittance to this establishment. Mr. Huskey stated that he cannot legally detain anyone who provides a false ID, but they could call the Police Department. With the scanner system he researched, repeat offenders could be prohibited from re-entry. He felt it is more beneficial for the business to provide the fake IDs to the Police Department so they cannot be used again. Chief Review Officer Lori Meyer called for Staff Comment. Lt. Brad Smith appeared and stated that he oversees the application and review of liquor licenses and renewals for the Police Department. He reviewed the police reports of the incidents that occurred in this case. He felt there was negligence on the part of the business owner and manager to properly check IDs. Running an Liquor License Review Board 3 April 18, 2018 establishment such as this requires due diligence to check IDs and to make sure everyone is over the age of 21. Police Chief Wes Blair appeared and stated he normally does not attend the Liquor Review Board meetings, but in his tenure he had never witnessed a revocation meeting within one month of a previous revocation being overturned. He stated he has not heard an acceptance of responsibility by the bar owner or manager for allowing underage individuals to be admitted to the establishment. If the owner is committed to keeping underage individuals out of the bar, why did he wait until a revocation hearing to begin researching an ID scanning system? Chief Blair asked the Board to uphold the revocation. The Board reviewed and discussed the information provided and the comments presented. Following discussion, Cooper made a motion, seconded by Cook, to uphold the Revocation of the Liquor License for Whiskey Business LLC, d/b/a Last Call. Following discussion, the motion passed. 3-0. Ayes: Cook, Cooper and Meyer. Meeting Adjournment There being no further business, the meeting ended at ??? 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