CLARKSVILLE BEER BOARD

Transcription

1 CLARKSVILLE BEER BOARD On Tuesday, April 28, 2015 at 11:00 a.m., the monthly meeting of the Clarksville Beer Board was called to order by Chairperson Mary Rives with members Jerry Greenwell and Mark Hodges present. Also in attendance were City Attorney Ginny Magruder, Sgt. Bert Clinard, ABC Agent Ryan Steinlege, ABC Agent Nathan Lee, and Lisa Owen-CPD. The minutes for the March meeting were presented with a motion to adopt the minutes by Mr. Hodges and a second by Mr. Greenwell. Vote 3-0 The first item of business was a presentation by Rick Rogers with Buffalo Wild Wings regarding an outdoor event to be held all day on May 2, They have hired security and will supply ID arm bands. The next item of new business was a recommendation for the following permits to be issued: SPECIAL EVENT PERMITS: 1. Montgomery County Friends of the Shelter May 16, 2015 Rep: Jennifer Prichard 1671 Ft Campbell Blvd Red River Sirens 2. Clarksville Roller Derby August 1, 2015 Rep: Jennifer Prichard 1671 Ft Campbell Blvd Red River Sirens 3. Clarksville Roller Derby October 3, 2015 Rep: Jennifer Prichard 1671 Ft Campbell Blvd Red River Sirens Motion for Approval for all three special event permits: Mrs. Rives No discussion 4. Customs House Museum June 6, 2015 Rep: Linda Mackey 1188 Cumberland Drive Flying High 2015 Motion for Approval: Mrs. Rives

2 PERMANENT BEER PERMITS: 1. New South Café (ON) 2243 W. Lowes Drive Rep: Erin Hipskind Presented by Sgt. Clinard everything is in order Motion for Approval: Mrs. Rives No discussion Vote Mercado Chapalita (OFF to JOINT) 1191 Ft Campbell Blvd Rep: Mona Lisa Gonzalez Sgt Clinard stated that this was continued from two months ago and when Agent Steinlage spoke with the manager about today s meeting, the manager explained that the business has been sold. Agents will pick up the old permit today. CPD recommends that the Board not approve this change in permit. Motion for Approval: Mrs. Rives No discussion Vote 0-3 (denied) 3. Paradise Hill Quick Stop (OFF) 1202 Greenfield Drive Rep: Antwon Keesee & Atty-J. Runyon Presented by Sgt. Clinard Everything is in order for this application. Motion for Approval: Mr. Greenwell Discussion: Sgt. Clinard explained that this is the third application for this business. The first was denied due to Mr. Keesee s criminal history. The second application was withdrawn my Mr. Keesee before going before the Board. Today is the third application. Mr. Keesee has attempted to get an expungement on his cases. His simple possession charge from 2009 has not been expunged. This charge would be a violation of in city codes. Atty Runyon questioned Mr. Keesee about his past school, jobs, and conviction. He admitted he made some mistakes, completed his probation, and paid the price. He stated that this property has been in his family for years and he is wanting to continue the family tradition. Mr. Runyon argued that the code, in his opinion, is intended to be a felony charge and not a misdemeanor. Sgt. Clinard stated that it states any violation and Mr. Keesee has stated that he was guilty and in possession. Sgt. Clinard also stated that he has talked to Mr. Keesee several times and he expressed his intent to service the neighborhood. With 24 years of experience, I can tell you that this is a problem area with drugs and crime. The store does provide to the community but is this the intent in an area of drug problems with the person operating it having a drug history. These are my concerns but not my decision. Mr. Runyon stated that Mr. Keesee is charismatic and has cleaned up his act. The charges were dismissed with exception of one. He is wanting to be an entrepreneur. It is a very visible location and easy to do surveillance on and I m sure it will be checked by Special Operations. Vote 2-1

3 Mr. Greenwell hopes the area will get cleaned up. It needs a facelift in that area and I believe in second chances. 4. Impire Lounge (ON) 2150 Ft Campbell Blvd Rep: Melinda Samuels Sgt. Clinard advised that all requirements were met. The owner/applicant was very detailed with his criminal history. There are at least two convictions 2004 & Rep: All convictions were misdemeanors. No problems with liquor board. The only charges that are relevant are within the last 15 years. Marijuana possession (FL) 2004 Marijuana possession (FL) 2004 Shoplifting (GA) 2004 Marijuana possession (GA) 2004 Marijuana possession (AL) 2010 My position is that his history is a violation of City Code. Rep: He is 36 years old now, been married for seven years, and changed. He has made some mistakes but they are all misdemeanors. Motion of Approval: Mrs. Rives Discussion: Concern of pattern of criminal behavior. Vote: 0-3 (denied) The next item of business were citations presented by Sgt. Bert Clinard: Dollar General Store # Hwy 76 Rep: Samantha Eskew Sale to Minor On 4/1/15, an undercover operation was conducted using an underage confidential informant. The employee scanned the alcohol, asked for IDwhich was provided, looked at ID, entered numbers into the register, rescanned the item, entered numbers, and completed the transaction. Discussion: This is the first offense. They have had the permit for four months. The CPD recommends a 30-day suspension or $ civil penalty. Rep: The employee was terminated that day. Motion to Suspend Permit for 30 days: Mrs. Rives No discussion Motion to offer $ civil penalty in lieu of suspension: Mrs. Rives No discussion

4 Kangaroo Express #473 Rep: Melinda Brown 1791 Wilma Rudolph Blvd Sale to Minor On 4/3/15, an undercover operation was conducted using an underage confidential informant. The confidential informant retrieved a beer, employee asked for ID, ID was provided, and the employee completed the sale. The permit was issued in They have been checked three times, two of which were no sales. Motion to Suspend Permit for 30 days: Mr. Greenwell No Discussion Motion to offer $ civil penalty in lieu of suspension: Mr. Hodges Second: Mrs. Rives Yamato Japanese Steakhouse Rep: Young Corwin & Atty J. Runyon 2501 Ft Campbell Blvd Sale to Minor On 2/26/15, a joint undercover operation was conducted with State ABC. A TABC agent and a 19 year old confidential source were seated at Yamato and ordered a beer. The employee asked for ID which was provided and then brought a beer to the confidential source. The employee stated that it was poor eyesight The permit was issued in January It is the first offense. CPD s recommendation is a 30-day suspension or $ civil penalty. Motion to Suspend Permit for 30 days: Mrs. Rives Motion to offer $ civil penalty in lieu of suspension: Mr. Hodges

5 Tobacco Paradise 894 Hwy 76, Suite 110 Rep: Mr. Kfof Privilege Tax Privilege tax notices were sent in November 2014 and were due by 1/31/15. After non-payment, a certified letter was sent out, delivered and signed for on 3/16/15. They were cited on 4/16/15 and since receiving the citation, the fee has been paid. Rep: I have always paid my other business and never late. Discussion: Mr. Hodges asked owner if he knew to pay one business, why would he not know to pay this one. Mr. Kfof stated that an employee signed for the letter and it was not passed on. There is not a lot of business at this location and they close sometimes. Motion to Suspend Permit for 15 days: Mrs. Rives Vote: 2-1 Motion to offer $ civil penalty in lieu of suspension: Mr. Hodges Cloud 9 Rep: Randy Huth 136 Franklin Street Privilege Tax Privilege tax notices were sent in November 2014 and were due by 1/31/15. After non-payment, a certified letter was sent out and delivered & signed for on 3/16/15. They were cited on 4/16/15 and since receiving the citation, the fee has been paid. Motion to Suspend Permit for 15 days: Mrs. Rives Motion to offer $ civil penalty in lieu of suspension: Mrs. Rives New Fugiyama Japanese Restaurant Rep: Owner 2257 Wilma Rudolph Blvd Privilege Tax Privilege tax notices were sent in November 2014 and were due by 1/31/15. After non-payment, a certified letter was sent out and delivered &

6 signed for on 3/16/15. They were cited on 4/16/15 and since receiving the citation, the fee has been paid. Owner: It was not addressed to New Fugiyama. It was addressed to just Fugiyama, so we sent to old owner. That is correct, however, a copy of the City Codes was provided at time of application and they state that it is due January of each year. Motion to Suspend Permit for 10 days: Mrs. Rives Motion to offer $ civil penalty in lieu of suspension: Mr. Hodges Motion to amend to $50.00 civil penalty: Mrs. Rives Vote to amend motion: 3-0 Vote to impose $50.00 civil penalty: 3-0 The Warehouse Rep: Mike Souza 20 McClure Street Sale to Intoxicated Person On 3/15/15 at 1:30 a.m., Agent Zach Upton witnessed a patron stumble and fall face down on the parking lot. The patron was arrested and transported. The patron stated he had been drinking at the Warehouse. Mr. Souza has been involved in the business since In 2008, they had a violation for Sale to Minor, 2011 for Failure to Pay Privilege Tax, and the current violation. On 3/24/15, a new permit was issued due to change in ownership. There have been several calls for service within the last year. The CPD recommends a 30-day suspension or $750 civil penalty. Rep: Due to mutual agreement, the bartender no longer works for us. Motion to Suspend Permit for 30 days: Mr. Hodges Motion to offer $ civil penalty in lieu of suspension: Mr. Hodges The last item of business was a recommendation for a permanent beer permit: ON Privilege Nightclub 685 Kennedy Lane Rep: Greg Parbs

7 All requirements have been satisfied. The owner owns another business in Clarksville. No criminal history. Due to concerns of a nearby neighborhood, a traffic study was completed. Agt. Steinlage will present a powerpoint presentation. Agent Steinlage explained that a 24 hour traffic flow study was conducted and it was concluded that some adjustments needed to be made with traffic light changes at the intersection at Wilma Rudolph Blvd. Also with the hours of the nightclub, there was no indication of problems for traffic volume during problem peak hours. Charles Moorland addressed the Board in opposition to the beer permit for Privilege Nightclub. He presented documents to the Board sharing the concerns of the neighborhood. Next, Ms. Christine with the same neighborhood group shared that 85% of their residents voted against the nightclub. Kennedy Lane is a dead end road at the neighborhood. The club is very close to their community. They are concerned with the impact of delivery trucks, increase of traffic, and disruption in their community, as well as property values. Lisa Wiles, Homeowners Association President, expressed her concerns with the traffic and noise. Also, she stated that they have asked for a dead end sign to be posted on Kennedy Lane because most people do not know that it is a dead end until they end up in the neighborhood and have to turn around to get back out. Mr. Parbs stated the business will only be opened on Friday and Saturday nights from 8:30 p.m. to 3:00 a.m. Sgt. Clinard stated that all requirements have been met. Motion to Approve: Mrs. Rives No further business, motion to adjourn by Mrs. Rives with a second by Mr. Hodges. Meeting adjourned. cc: Beer Board Sgt. Clinard ABC File