MINUTES OF THE
OAK RIDGE BEER BOARD
APPROVED
Regular Meeting
Training Room – Municipal Building
May 11, 2009
12:00 noon
PRESENT: Ron Andrus, Bart Bailey, Carol Heck, Debra Solmonson, and Randy Tedford
ABSENT: Chuck Hope and Joe Valentino (both excused)
ALSO
PRESENT: Tammy Dunn, Senior Staff Attorney
Alan Massengill, Deputy Police Chief
ROLL CALL
Chairman Tedford called the meeting to order at 12:00 p.m.
APPROVAL OF MINUTES
Mr. Bailey moved, seconded by Mr. Andrus, to approve the minutes of the March 9, 2009 and April 13, 2009 regular meetings, and the motion carried unanimously (4-0, Ms. Solmonson had not arrived at this time).
APPLICATIONS FOR NEW BEER PERMIT
Application No. 1374
Arts Council of Oak Ridge
Joye Montgomery, Owner/Manager
City Events (Summer Concert, Secret City Festival, etc.)
Bissell Park / Civic Center Pavilion
Class “C” Permit
Ms. Montgomery was present to discuss her beer permit application for beer sales at the Civic Center Pavilion in Bissell Park for various city events. Due to the number of events the City has now contracted with the Arts Council of Oak Ridge to produce, the Arts Council is no longer qualified to obtain simply a Class E “special events” permit because the number of events will exceed four within a twelve month timeframe. Therefore, the Arts Council of Oak Ridge is requesting this permanent beer permit for events taking place at Bissell Park for the City, which will include summer concerts and the Secret City Festival.
Chairperson Tedford moved, seconded by Mr. Bailey, to hear the beer permit application and manager approval simultaneously and the motion carried unanimously (4-0, Ms. Solmonson arrived during this motion). With Ms. Montgomery stating all procedures for selling beer that had occurred in the past for beer sales at city events would continue to take place under this requested beer permit, Chairman Tedford moved, seconded by Mr. Bailey, to approve the beer permit application and manager application, and the motion carried unanimously (5-0).
APPLICATIONS FOR MANAGER APPROVAL
Joye Montgomery
Owner/Manager
Arts Council of Oak Ridge
City-Sponsored Events at Bissell Park/Civic Center
Ms. Montgomery’s manager application was approved during the approval of the beer permit. See above minutes.
Mark Dawn
Manager
Oak Ridge Elks Lodge No. 1684
684 Emory Valley Road
Mr. Dawn was present to discuss his manager application. Ms. Dunn informed the Board that Ms. Dawn’s background check was not yet complete.
Chairman Tedford inquired about Mr. Dawn’s training and Mr. Dawn stated he had been TIPS certified and that his re-certification would be on May 31, 2009. Chairman Tedford reminded Mr. Dawn about the parking lot area responsibility – to make sure beer is not consumed in the parking areas – and to please call the police department if help/assistance was needed with any patron. Mr. Andrus moved, seconded by Ms. Solmonson, to approve the application and the motion carried unanimously (5-0).
Maria Karina Cazarez
Manager
El Arriero Mexican Restaurant, Inc.
1140 Oak Ridge Turnpike
Ms. Cazarez was present for the meeting to discuss her manager application. Ms. Trujillo was also present to act as an interpreter for Ms. Cazarez if needed. Chairman Tedford inquired about Ms. Cazarez’s training and prior experience, as well as the responsibilities for the parking areas. Ms. Cazarez (through her interpreter) stated she understood. Ms. Solmonson asked about the ID policy for selling beer. Ms. Cazarez stated (through her interpreter) that she knew the person must be 21 years old or older, and that she required an ID, and would contact the police if needed. Ms. Heck inquired whether Ms. Cazarez knew English well enough to be able to understand an ID and Ms. Cazarez, as well as her interpreter, said yes. Mr. Bailey moved, seconded by Mr. Andrus, to approve the manager application and the motion carried 4-1, with Ms. Solmonson voting no.
OLD/NEW BUSINESS
Brewski’s
Tobin Herron and Nang Crossno were present to discuss the Board’s issues with recently reported (by The Oak Ridger) activities involving police response. Ms. Dunn also stated the Legal Department received a citizen complaint about the establishment as a result of the newspaper report. Specifically, the Board wished to discuss the disturbances and assaults that had occurred in 2009 that were reported by the hospital. Deputy Chief Massengill also wished to discuss a recent report that he was given by an officer that the establishment locked the doors while patrons were still inside, which would cause the police to not be able to access the interior of the building during business hours.
Mr. Crossno stated the establishment’s doors were closed at 2:30 a.m. when last call was made to prevent people from coming in between last call and closing at 3:00 a.m., and that the patrons were able to leave the establishment because the doors were equipped with a panic bar. This process, while possibly complying with the Fire Code, still did not address Deputy Chief Massengill’s concerns about the police not being able to access the interior during business hours. Mr. Crossno stated they would change their policy and not lock the doors until closing.
Chairman Tedford and other Board members commended the owners for calling the police when needed, but indicated their concerns over the calls made by the hospital. Mr. Crossno explained that incident was a result of a disturbance that they thought was under control because the patron left the premises, but later the patron made a complaint at the hospital. Mr. Crossno stated vandalism was involved during this incident and that while the patron originally agreed to pay for the damage, payment had not been made. The Board was satisfied with this explanation.
Ms. Heck inquired whether the problems were from recurring patrons, or whether the problems were from a certain age group. Mr. Crossno stated they were not and that they ban individuals who cause problems. Mr. Crossno stated they established a dress code to attempt to solve some of the problems they where having. Mr. Herron inquired whether the Board knew of anyone they could speak with about how to better control the clientele. Deputy Chief Massengill stated the best way would be to observe the patrons and catch issues quickly before they turn into bigger issues – to monitor the clientele and not wait for arguments to develop.
The Board appreciated the owners’ appearance at the meeting and their explanations for recent activities.
El Arriero
The owners were requested to be present at this meeting to discuss the issues about ownership that were brought to the Board’s attention during a previous manager application. The owners were not present. The Board requested Ms. Dunn to send another letter to be delivered by the Police Department and to let the owners know that failure to appear could result in the Board calling for a show cause hearing.
Ms. Heck also stated it might be a good idea to send such letters in the future by registered mail. Ms. Dunn stated that the Legal Department has sent letters that way in the past when letters sent by regular mail are not responded to.
Monterrey
Ms. Dunn read a letter received from Ms. Judy Ortiz about the ownership of Monterrey’s. The Board approved Ms. Ortiz as the owner/manager of the establishment, subject to the sale of the business taking place. Ms. Ortiz wrote there was some difficulty with this transfer and it was scheduled to occur at the end of May 2009.
Mr. Bailey was concerned that this had not yet taken place and wondered whether the establishment (which is currently operating under the beer permit approved to the current owners) was operating without an approved manager since Ms. Ortiz signed her letter as the manager of Monterrey’s and she is not the approved manager until ownership changes hands. Mr. Bailey moved, seconded by Mr. Andrus, that the Legal Department determine whether the owners/managers are valid and if not to require both the current owners and the proposed owner (Ms. Ortiz) to appear at the June meeting, and the motion carried unanimously (5-0).
ADJOURNMENT
Having no more business to come before the Board, the meeting was adjourned at 12:31 p.m.