by Dana Wilbourn
posted December 4, 2008
Chattanooga Beer and Wrecker Board attorney Ken Fritz told the Beer Board on Thursday that Chancery Court Judge Howell Peoples granted Millennium Dining and Entertainment, at 3649 Brainerd Road, a beer license after hearing an appeal of the Beer Board’s denial from Sept. 4.
Attorney Fritz reminded the board that its decision to deny Millennium’s license was based on a known felon, Phillip Patrick, being involved in the business. Chancellor Peoples allowed the beer license because the felony conviction was over 10 years old, attorney Fritz said.
The attorney also told the board that Club 2301 is appealing the board’s decision on Nov. 20 to revoke that club’s beer license due to numerous incidents at the club requiring police to respond. The appeal will be heard in Chancery Court at a later date.
Sticky Fingers restaurant is also appealing a license suspension and has asked for five years of Beer Board minutes, attorney Fritz said.
Attorney Fritz told the board the City Council has fully implemented the revised wrecker ordinance. The new ordinance retains the recovery class as the board had recommended. Wrecker companies with two large wreckers or a rotary wrecker can participate in recovery class incidents, he said. Training in recovery incidents is required in the new ordinance as is a time limit of ninety minutes for reopening the highway.
The board voted to go ahead and hear testimony from Officer John Collins on a violation of the beer ordinance by Tornado Latin Music Restaurant and Lounge at 5709 Lee Highway. even though no one from the business was present.
Javier C. Valdez, owner of Tornado, had been asked last month to reappear before the board on Thursday to show proof that food sales at his business accounted for more than 50% of sales and to have a plan for limiting access to the club for those under age 21. Mr. Valdez did not appear at the Thursday meeting.
Officer Collins testified that on Oct. 25 he made a bar check and noticed numerous underage people inside the establishment. None of them appeared to have been drinking. Officer Collins also noted that there were no food sales being offered.
The Chattanooga Beer Ordinance states, “No person who holds a beer permit for on premise consumption shall allow any person under the age of 21 to be in, frequent or loiter about the premises after 6 p.m. unless they have 50% of food sales prepared in a fully functioning kitchen…”
A motion to impose a three-day suspension on Tornado Latin Music Restaurant and Lounge starting next Thursday was approved.
An application for a new beer license was approved for George Espinoza, dba La Olla Mexican Restaurant, 5773 Brainerd Road.
The board held elections for officers for 2009. The results are:
Chairman, Marschel Lusk
Vice Chairman, Doug Dailey
Secretary, J. Frederick Weinhold
The new officers will be in place at the board’s first meeting in January.
The board also voted to move the dates of their meetings for next month. The board normally meets on the 1st and 3rd Thursdays of each month. The first Thursday in January 2009, is Jan. 1, a national holiday. The board voted that for January, the meetings will be held on the 8th and the 22nd.
Dana Wilbourn
dbwilbourn@yahoo.com
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