MINUTES OF THE

OAK RIDGE BEER BOARD

APPROVED

Regular Meeting

Training Room – Municipal Building

June 18, 2009

12:00 noon

PRESENT: Bart Bailey, Carol Heck, Chuck Hope, Debra Solmonson, Randy Tedford, and Joe Valentino

ABSENT: Ron Andrus (excused)

ALSO

PRESENT: Tammy Dunn, Senior Staff Attorney

Alan Massengill, Deputy Police Chief

ROLL CALL

Chairman Tedford called the meeting to order at 12:05 p.m.

APPROVAL OF MINUTES

Ms. Heck has previously told Ms. Dunn there was an error in the May 11, 2009 regular meeting minutes regarding Ms. Solmonson’s vote on the manager for El Arriero, which should have been listed as a “no” vote. Ms. Dunn announced at the beginning of the discussion that change needed to be made.

Chairman Tedford moved, seconded by Mr. Bailey, to approve the minutes of the May 11, 2009 regular meeting as amended by Ms. Dunn and to approve the minutes of the May 11, 2009 show cause hearing, and the motion carried unanimously (4-0, Ms. Solmonson and Mr. Hope had not yet arrived).

APPLICATIONS FOR NEW BEER PERMIT

None

APPLICATIONS FOR MANAGER APPROVAL

None

OLD/NEW BUSINESS

Monterrey Mexican Restaurant No. 75

Ms. Judy Ortiz, manager of Monterrey, was present for the meeting. Mr. Guadelupe Ayala, owner and Beer Board approved manager, was not present.

The Board discussed with Ms. Ortiz the Board’s concerns that Monterrey’s may be operating without an approved manager if Mr. Ayala is not regularly at the business. Ms. Ortiz stated he is there on occasion, but that she is the manager. The Board explained that Ms. Ortiz is has not been approved by the Board as a manager for the business, and suggested she fill out the manager application form. Ms. Dunn gave Ms. Ortiz a manager application form during the meeting and Ms. Ortiz filled it out and returned it to Ms. Dunn.

The Board discussed concerns over the ownership of the business and how the proposed sale of the business had not occurred even though the Board was informed previously that it would take place in December 2008/January 2009. Ms. Ortiz said there have been some issues that have held up the sale. There were also concerns that Mr. Ayala had not responded to any of the Board’s previous requests to be present at a meeting to discuss their concerns.

Chairman Tedford moved, seconded by Mr. Bailey, to hold a show cause hearing for Monterrey Mexican Restaurant No. 75 (Permit No. 1316C) for failure to appear before the Board at today’s meeting to discuss the Board’s concerns over ownership and manager status, for failure to have the current manager (Ms. Ortiz) approved before the Board, and for issues regarding ownership as it relates to the proposed sale, with such hearing occurring after the regular meeting on July 13, 2009, and the motion carried unanimously (6-0).

Rocky Top Market #5

Ms. Dunn reported on a police report (Call Number 0905-013968) involving Rocky Top #5 that took place on May 13, 2009. The report states two adults were charged with public intoxication in the parking lot of Rocky Top #5, and that one of the adults had in his possession a recent purchase of a six-pack of 12 oz Budweiser beer still inside a white plastic grocery bag. The reports states that officers were on routine patrol and observed a white male staggering across the parking lot. His companion was a white female who was sitting inside the truck. She later told police she had four beers within the last thirty minutes and her boyfriend had recently consumed nine beers. Both were arrested for public intoxication.

The Board was concerned that the man made a recent purchase of beer in his intoxicated state and that there was a great possibility that this sale occurred at the Rocky Top #5. Regardless of whether the sale occurred at the Rocky Top #5, the establishment is responsible for their parking lot and the establishment did not call the police about this incident, but was lucky that officers observed the individuals while on routine patrol before they drove off and possibly injured themselves or others.

Chairman Tedford moved, seconded by Ms. Heck, to hold a show cause hearing for Rocky Top #5 (Beer Permit No. 1212B) regarding the public intoxication that occurred in their parking lot that was not reported to the police by their employees, and for the apparent sale of beer to persons while intoxicated – requiring the manager (Judd Anson Garbett) and a corporate representative to be present – with such hearing occurring after the regular meeting on July 13, 2009, and the motion carried unanimously (6-0).

There was some discussion about requesting the presence of the employee at the show cause hearing. Mr. Valentino was hesitant to request the employee because the employee is not governed by the Board and it is the responsibility of the manager and owner to follow the requirements concerning the sale of beer. Ms. Solmonson agreed. Ms. Heck, Mr. Hope and Chairman Tedford indicated their support of the employee being present, particularly since the Board uses Rocky Top Markets as an example to others of how to train their employees concerning the sale of beer and this would be an opportunity to discuss that training with an employee to find out how they he or she was trained. Additionally, the employee is the person ultimately placed in charge of following the requirements concerning the sale of beer.

Mr. Bailey moved, seconded by Chairman Tedford, to request Rocky Top #5 to bring with them to the show cause hearing the employee on duty at the time of the incident so that the Board could discuss the employee’s training, and the motion carried 4-2, with Ms. Solmonson and Mr. Valentino voting no.

Ms. Dunn stated she would request Rocky Top to bring the training record of the employee to the show cause hearing.

Warehouse Tavern

Ms. Dunn reported on a police report (Call Number 0905-014758) involving Warehouse Tavern that took place on May 21, 2009. The report is for aggravated assault that occurred off the premises of the Warehouse Tavern. From witness/victim/suspect statements in the report, at least three underage (under the age of 21) persons were at the Warehouse Tavern immediately prior to the aggravated assault incident and that at least one them was drinking alcohol at the establishment.

The Board also briefly discussed the lack of the manager application for this establishment for consideration at this meeting. During the show cause hearing on May 11, 2009, Mr. Dannie Phillips (owner/manager) stated he would have a manager application filed for the Board’s consideration at the June meeting for an additional manager since he was out often due to health issues. Ms. Dunn reported that this application was delivered to her on June 8, 2009 at approximately 12:35 and that the application was missing a complete address for the manager and that the telephone numbers for the applicant and the establishment were disconnected when the Legal Dept attempted contact for completion of the application.

Mr. Hope moved, seconded by Mr. Valentino, to hold a show cause hearing for Warehouse Tavern (Beer Permit No. 1336C) regarding allowing underage persons to be on the premises, for serving alcohol to at least one underage person on the premises, and for failure to file a timely manager application form for the additional manager and for failure to file a complete application for manager – requiring the owner/ manager (Dannie Phillips) to be present along with the bartender, servers and doormen for that evening being present – with such hearing occurring after the regular meeting on July 13, 2009, and the motion carried unanimously (6-0).

Mr. Bailey moved, seconded by Mr. Hope, to add another purpose to the show cause hearing – a chronic lack of institutional control regarding state and local laws regulating the sale of beer – and the motion carried unanimously (6-0).

ADJOURNMENT

Having no more business to come before the Board, the meeting was adjourned at 1:17 p.m.