La Onda Gets 30-Day Beer License Suspension; J.J.'s Bohemia 14 Days

  • Thursday, September 18, 2014

A bar check made by the Chattanooga Police at 1:30 a.m. on July 27 at La Onda Nightclub and Lounge, 6175 Airways Blvd., resulted in a 30-day beer license suspension. At issue was the legality of allowing people under the age of 21 in the establishment unaccompanied.

 

The beer code specifies that a business must have over 50 percent of total gross sales comprised of food or other non-alcoholic beverages to allow customers under the age of 21 without being accompanied by a parent or legal guardian.

Also required is a fully functioning commercial kitchen. La Onda serves only tacos in the way of food along with beer. 

 

The night of the bar check, Chattanooga Police Officer John Collins encountered several people between the ages of 18 and 20. When checking, he found people using fake IDs so he was unable to record their names. He said the bar does allow people that age to get in and issues wristbands, but the large capacity of 299, complicated by the fact that there was no specific area for underage patrons, made it hard to control.

 

The manager brought paperwork from a bookkeeper showing that for 2013, beer sales were $40,000 and food was $82,000. From January through August 2014 her paperwork showed beer sales of $24,000 and food $45,000. The problem was those numbers were impossible to substantiate because she claimed that there was no cash register to record receipts and that all their business was done in cash. When asked how information was supplied to the bookkeeper, she replied that the numbers came from the beer and food that she ordered. There also were no receipts for the food she bought because she said it was ordered through her mother’s restaurant and paid for with money orders.

 

A month later a second violation was discovered by the fire inspectors. On the night of Aug. 27, the fire marshal found food being cooked on a gas grill with a propane tank inside of the building. Smoke was at shoulder level. This equipment is not allowed to be used inside. There is a commercial kitchen and exhaust system but it was not being used that night because the manager said it was not working. She said someone brought the grill when it was discovered that the stove in the kitchen could not be used. Cooking begins around 11-12 p.m. each night, according to this manager.

 

A third issue was that the bar’s beer license had expired in December 2013 so beer sales had been illegal for eight months prior to the bar check.

 

Andre’ Harriman made a motion to suspend the beer license held by La Onda for 30 days. It was seconded by Vice Chairman Ron Smith who cited the serious problems that had taken place. “They need to re-group. As for sales, there’s no way in the world that I believe that.” The vote was unanimous to pass the motion. The suspension will begin Sept. 25.

 

John Shoemaker, owner of JJ’s Bohemia, 231 E.M.L.King Blvd., was before the board concerning the violation of fire codes. At the time of a bar check on Aug. 16, it was discovered that the business had no land line telephone which is required so that 911 operators can identify the location of an emergency call. Mr. Shoemaker had been in front of the board about this same issue earlier.

 

Another violation that had been discussed previously was the necessity of having an unobstructed egress path. The inspector also found the use of extension cords and uncovered electrical junction boxes - neither are allowed by the fire codes. On Aug. 16 the gate on the back courtyard surrounded by a four- to five-foot fence was locked with two devices, one being a padlock. With the capacity of 100 customers, it is necessary to have free and clear access for people to get out of the building in case of a fire.

 

When asked to explain the disregard for what he has been told in the past, Mr. Shoemaker said that it was his fault because he did not see it as issue as big as the fire department does. He told the board that a person was in the courtyard with a key to the padlock if needed. He also said the gate had a space about knee height that could be crawled under in case of an emergency. Replied Mr. Harriman, “Do you really think 100 people could crawl under it during a fire and wait their turn? I have a problem with the attitude.”

 

Mr. Harriman then made a motion to revoke the license saying, “I’m tired of the flippant attitude. I’ve had enough.” Receiving no second, Christopher Keene made a motion to suspend the license for 14 days, which was unanimously passed. The punishment will begin tonight.

 

The Electric Cowboy, 5600 Brainerd Road, has closed, but no official communication has taken place with the board and the beer license has not been surrendered. This bar was cited to the beer board for serving a minor on Aug. 17 when Officer Collins found a 19-year-old customer using a fake ID who had slipped by the doorman. The beer permit held by the bar was suspended until a representative reappears before the board or the license is surrendered.

 

J.F.T. Beverage-Tobacco and Billiard, 2001E 3rd St., was issued a violation because owner of the business J.T. McDaniel had rented his building to Kevin Garrett. There was no lease - the transaction was verbal. Mr. Garrett changed the name to KJ’s with lettering on the window and had been operating under Mr. McDaniel’s beer license. During a bar check on Aug. 29, Officer Collins discovered there was no valid business license at the location. It had expired and Mr. Garrett had not made an application for one. Additionally, a beer license is non-transferable.

 

Because there was no business license for 17 months the grandfather status it had to operate within 500 feet of a daycare center may be lost. The question, said Mr. Harriman, is if the business license issue cancels out the beer license. That is a legal issue, said Attorney Keith Reisman, and will be dealt with later. The issue being decided by the beer board is if the beer license is valid.

 

Mr. McDaniel took blame for being unaware that his business license had expired and for the business being operated illegally by using his beer license. Mr. Garrett said it was an honest mistake and that he did not know the beer license could not be used by him at that location. The name has since been changed back to the original and is being run by Mr. McDaniel with help from Mr. Garrett. Mr. McDaniel was given a written reprimand.

 

A new beer permit was given to Vaudeville Café because it relocated to 200 Market St. Changes will be table service versus having a buffet.

 

Special event beer licenses were issued for Football@Falls at Ruby Falls, 1720 Scenic Hwy. For the third year the attraction on Lookout Mountain will offer football games on TV and serve beer on the patio in an effort to attract dads or other football fans to accompany their families that want to tour the cave. This will be available on Sept. 20, 21, 27 and 28.

 

3 Sister’s Festival at Ross’s Landing on Oct. 3 from 5-11:30 p.m. and Oct. 4 from 11a.m.-10 p.m. will also be able to sell beer along with food from vendors from 15 or 20 restaurants. Entertainment will feature traditional and contemporary bluegrass music.

 

Beer will also be served with food samples from 15 restaurants at the Rooftop Hop, a benefit for GreenSpaces. It is the third year for this event that will take place on the top of the Bijou parking garage with a rain location at the Hunter Museum. It will be Oct. 11 from 6-11 p.m. 

 

 

Breaking News
New Hope Fire Department Disputes TWRA Report On Kayaker Rescues
  • 3/28/2024

New Hope Fire Department Corey Comstock disputed a report by the Tennessee Wildlife Resources Agency about the rescue of 33 kayakers from extremely high winds near Nickajack Cave on Monday. ... more

Woman Dies After Being Seriously Injured In House Fire Thursday Afternoon
Woman Dies After Being Seriously Injured In House Fire Thursday Afternoon
  • 3/28/2024

A woman died after sustaining life-threatening injuries in a house fire on North Moore Road Thursday afternoon and was rescued by Chattanooga firefighters. Hamilton County 911 received a call ... more

Motorcyclist Hit Speeds Of 170 MPH; Posted Video Of Outrunning Police
Motorcyclist Hit Speeds Of 170 MPH; Posted Video Of Outrunning Police
  • 3/28/2024

A motorcyclist fled on Sunday, from a Hamilton County Sheriff’s Office deputy attempting to make a lawful stop on Highway 27. Since that time, the deputy has been working leads to identify the ... more