City Beer Board Hears A Slew Of Code Violations

  • Thursday, May 2, 2019
  • Gail Perry

Multiple violations of the city’s beer code were addressed by the City Beer Board on Thursday, including overcrowding, allowing an employee to drink at the establishment where they work, serving underage customers, overserving, being open past the legal closing time, and violations of the requirements for venues that hold special gatherings.

 

Regan’s Place, 24 Station St. at the Chattanooga Choo Choo, was penalized with the suspension of its beer license for two days, starting May 16 for overcrowding.

On March 23 just after midnight, Chattanooga Police Officer John Collins, along with patrol officers and several ABC agents did a bar check at the business that appeared to be overcrowded, said Officer Collins. The legal occupancy as determined by the fire marshal was 166 at the time, which includes employees. There were two people at the door one counting those who entered and the other counting those who left. The doorman estimated there were 300 occupants.

 

The officers counted people routinely leaving until the fire marshal arrived. The bar was then emptied and people were counted as they exited, which showed around 160 people. Adding the ones who had already left plus employees the occupancy was determined to be 216 that night.

 

Assistant City Attorney Keith Reisman told the owners of the club that historically, the majority of lives lost are due to overcrowding. Board member Trevor Atchley said in an emergency, self preservation takes over and people are trampled and killed. That is why we take overcrowding so seriously, said Attorney Reisman.

 

Each applicant for a beer license is asked if they have read and understood the Chattanooga beer code and are denied a permit if they have not. However General Manager Sara Taylor of Jack Brown’s, 818 Georgia Ave., did not understand the requirement that no employee is allowed, at any time, to drink in the place that they work. The handbook for employees even allowed employees to sample shots of the craft beers that are sold there in order to talk about them to the customers. “That’s totally illegal,” said board member Christopher Keene, of the practice that has been going on for the two years since the bar opened.

 

This practice came to the attention of Officer Collins as the result of a single car wreck on March 17 due to DUI. The driver was a bartender coming from Jack Brown’s. She told Officer Bo Allison, who responded to the wreck, that she had consumed two beverages and several “sample shots.” She also made threats against the officer. This bar was given a three-day suspension of the beer license starting on May 16.

 

Many problems were revealed at a violation hearing for La Pachanga, 1504 Foust St., that occurred on March 17 when a bar check was made in response to complaints from patrol officers and neighbors of the bar. That night the establishment was holding a “college night” and allowing people under 18 to be there. This is legal if they do not consume alcohol. Police ID’d an individual who had entered the large club that holds 500, along with a large crowd of people who were passing around ID’s as they entered. Many of these people, including the intoxicated 18 year old who was identified, were using what was described as extremely good fake IDs. Police advised the doorman to “slow it down,” to make sure people were given the right wrist band to indicated age. That underage customer was arrested.

 

The following night a second bar check was made, where nine underage customers were arrested. A third check was made two weeks later. By then the bar had restricted age to 21 and a scanner system had been installed that would identify the fake IDs.

 

Attorney Marty Lasley, representing the La Pachanga at the beer board meeting, disputed none of the facts, and told the board that the bar had taken immediate action to remediate the problems, including professional training for employees in alcohol sales. He asked for the minimum penalty.

 

Cecilie Roman, a nearby neighbor, told the board of other problems the area has experienced because of he bar including “shots fired,” parking that lines both sides of the nearby streets, loud music, car horns and traffic in the early morning hours. The city’s Zoning Inspector, Randy Ridge, told the board that parking requirements are determined by square footage of the building. There is a lot that will hold around 200 cars, however much more parking is needed for the capacity of 500 people, which overflows onto the streets. If cars block access to fire and emergency vehicles will be determined and dealt with.

 

The only violation being considered for La Pachanga on Thursday was for serving minors, the attorney reminded the board members who voted to suspend the beer license for two days beginning Friday May 17.

 

HB Lounge, 2716 Dodson Ave., was cited to the beer board for the fourth time. This violation was for being open past 3 a.m. when they are required to be closed and everyone gone except employees. On March 30 at 3:15 in the morning, Officer Collins observed a large crowd outside, found 10-12 people in the bar with cold drinks in their hands, and people going in an out. “We were closed,” said Keveon Kennebrew, owner of the bar. “You were open,” said Attorney Reisman. "What were those people doing there?," he asked. One lady with a mixed drink sitting in front of her,was the bartender’s wife, he responded.

 

He claimed that a fight was going on outside, the street was blocked, police had been called and he was outside so his employees were not being supervised at the closing time, blaming the bar tender for the violation. “I feel like you are on the edge of being in trouble. “You’ve got to clean up your act,” said Chairman of the Beer Board Ron Smith, after citing the three previous violations. A vote on several different penalties failed to get the five votes necessary, so the decision will be passed to the next board meeting on May 16.

 

The Beer Board also regulates venues that hold “Special Gatherings” in Chattanooga. 909 Venue, located at 909 Crutchfield, is owned by Mark Jackson who is well versed in the city’s rules for these events, said Officer John Collins. On the night of March 30, he failed to get a permit from the city to hold a special gathering. The “birthday party” had been moved from a previously advertised location, late in the afternoon, that day. A Special Gathering is defined by an event that charges for anything, such as a cover charge, or drink mixers or alcohol, must be in a building that holds over 50, and stays open past midnight.

 

The violation in question was if an entry fee had been charged. When he entered the building that night Officer Collins asked someone what he had paid to get in. The reply was $10. The police had also researched advertisements for that party at the originally planned location, on social media which said the cover charge was $15.

 

Mr. Jackson claimed that the customer that signed his contract acknowledged there would be no entry fee along with other requirements in the contract. He said he did not have time to check what was said on social media. He also acknowledged disagreeing with Officer Collins that night and telling him that he would do everything in his power to make him lose his job.

 

Chattanooga City Councilman Anthony Bird weighed in telling the board that it sounded like a “policy issue.” He said that the owner had believed what he had been told about no charges. Officer Collins said that venue owners are warned not to believe everything that people tell them. He also said permits are not issued in just one day, in order to check for flyer advertisements in advance. Mr. Atchley said it sounded like a technical issue that the owner was trying to comply with the spirit of the law. Board Member Dan Mayfield warned that due diligence should be done. . In the end, the board sided with the venue owner over Officer Collins and dismissed the case with no penalties.

 

One new consumer beer license was issued on Thursday due to a change in the corporation that owns the Holiday Inn at 2232 Center Street. The business previously had a permit to sell beer.

 

 

 

 

 

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