The Beer Board met in special session on Monday, September 8, 2008, at Crossville City Hall.

 

Roll Call.  Present: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor Pro-Tem Boyd Wyatt, Sr.  Absent/Excused: Mayor J. H. Graham, III.  Other present were City Manager Ted Meadows, City Attorney Kenneth Chadwell, City Clerk Sally Oglesby, Chief of Police David Beaty, Detective Mark Rosser, ABC Special Officer Nathan Bradley, Cynthia Barnett, Richard Barnett, Jim Young, Christy Lewis, Michael Moser, China One, Ai Ju Hu, Bruce Cannon, John Ward, Tom Washington, Dwayne Hayes, Richard Barnett, Cindy Barnett, Bobby Lambert, John R. Lambert, Andrea L. Cravens, James D. Rinks, Shirley Rinks, Shirley Jackson Edwards, Mike Turner, Steve Hill, David Beaty, Sammy Hicks, and Darrell Sherrill.

 

            Mayor Pro-Tem Boyd Wyatt, Sr. called the meeting to order at 4:30 p.m.

 

 

ITEM #2 – MATTERS RELATIVE TO ACTION AGAINST BUSINESSES WHO FAILED TO ATTEND THE MANDATORY COMPLIANCE MEETING HELD ON AUGUST 5, 2008

 

            A mandatory compliance meeting was held for beer permit holders.  Mayor Pro-Tem Wyatt did a roll call of the following businesses who failed to attend:

                        127 Market & Lounge - present

                        Anthony’s Grill - present

                        Beef and Barrel Restaurant - present

                        China One - present

                        Citgo Food Mart – not present

                        Eagle Food Mart - present

                        Horizon#1006 - closed

                        Horizon #1008 - closed

                        Ichiban - present

                        Milo’s – turned in license

                        Mr. Zip, Inc of Tennessee - present

                        Phillips 66 - present

                        R & B’s Café - present

                        Ramada Inn – closed

                        Redheads Bar & Grill – closed

                        River Run Golf Course - present

                        Shell Blimpie Station - present

 

            A motion was made by Councilman Wyatt, seconded by Councilman Kerley, that the businesses who showed up today be forgiven pending their attendance at a follow-up meeting.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor Pro-Tem Boyd Wyatt, Sr.  Absent: Mayor J. H. Graham, III.

 

            A motion was made by Councilman Duer, seconded by Councilman Dean, that a show-cause hearing be scheduled for Citgo Food Mart’s beer license and demand that they show cause why they should not be suspended for three months.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor Pro-Tem Boyd Wyatt, Sr.  Absent: Mayor J. H. Graham, III.

 

 

ITEM #1 - MATTERS RELATIVE TO FINAL ACTION AGAINST THE FOLLOWING BUSINESSES FOR VIOLATIONS OF THE CROSSVILLE MUNICIPAL CODE:

 

§         Redheads Bar & Grill (no longer in business at this location) – On March 11, 2008, the Beer Board placed them on probation for six months to run concurrently with the City Court probation which began February 19, 2008 for the sale of liquor to a person under twenty-one (21) years of age.  They turned in their license on September 5, 2008.  No action required.

§         Las Margaritas – On March 11, 2008, the Beer Board placed them on probation for six months to run concurrently with the City Court probation which began February 19, 2008 for the sale of liquor to a person under twenty-one (21) years of age.  Det. Rosser stated they have had no complaints and have fulfilled their probationary provisions. 

A motion was made by Councilman Dean, seconded by Councilman Kerley to dismiss the probation of Las Margaritas, which expired on August 19, 2008.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor Pro-Tem Boyd Wyatt, Sr.  Absent: Mayor J. H. Graham, III.

§         B J's Lounge (business being sold to Leasa Marie Marshall dba The Hot Spot whose permit application is on the agenda for September 9) – On February 12, 2008, the Beer Board continued their case until it was heard in General Sessions Court.  Nathan Bradley stated that they were found to sell liquor without a license and possession of gambling devices.  They pled guilty in court.  Bobby Lambert stated that she has not sold any since that time.

A motion was made by Councilman Dean, seconded by Councilman Duer, that B J’s Lounge be placed on one month’s probation without a fine.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor Pro-Tem Boyd Wyatt, Sr.  Absent: Mayor J. H. Graham, III.

§         Porky's Barbeque – On February 12, 2008, the Beer Board continued their case until it was heard in General Sessions Court.  Nathan Bradley stated that there was a charge for selling liquor without a license.  They pled guilty in court.  Andrea Cravens stated that she has not sold any liquor since that time.

A motion was made by Councilman Dean, seconded by Councilman Duer, that Porky’s Barbeque be placed on one month’s probation without a fine.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor Pro-Tem Boyd Wyatt, Sr.  Absent: Mayor J. H. Graham, III.

§         R & B's Café – On February 12, 2008, the Beer Board continued their case until it was heard in General Sessions Court.  The City Clerk confirmed that notice was given to R & B’s Café of the original hearing held on February 12, 2008.  Special Agent Nathan Bradley of the Alcoholic Beverage Commission stated that he and Special Agent Paul Hill entered the premises on January 19, 2008 at approximately 7:00 p.m. and purchased a drink containing an alcoholic beverage from Kristi Vanvorhes and a search warrant was served on January 24, 2008 and several bottles seized.  Citations were issued to the two owners, Richard Barnett and Cynthia Barnett and the server, Kristi Vanvorhes.  A statement made by Agent Hill of the event was entered in the record.  The matter has been continued twice in General Sessions Court. 

Crossville Det. Mark Rosser reported that he was continuing to receive complaints that they were continuing to sell liquor.  On May 16, 2008, he held an undercover operation and an undercover officer was able to obtain a drink.  He received a search warrant on May 21, 2008 and found a mixed alcoholic drink on the counter.  He had a statement from Mr. Barnett that he had approved waitresses to serve alcohol because he felt that he would not be bothered since they were already under orders.  Approximately 20 bottles of alcohol were seized from the premises. Most of them were single servings.  Three statements were entered from the bartender, Jerry Kirby, co-owner Cynthia Barnett, and co-owner Richard Barnett.  Det. Rosser further stated that usually once a compliance check is made, businesses understand that they need to follow the rules.  He went to the bar this past Friday Night, September 5, at 10:30 p.m. and they were serving liquor again while waiting deposition of two different charges.  The establishment is not licensed to sell liquor.  Mr. Bradley confirmed the events on May 16, 2008 and May 21, 2008.  Upon hearing the testimony of Agent Bradley and Detective Rosser, Mr. Barnett did not challenge their testimony and stated that what they said was true.

Mr. Richard Barnett stated that he and his wife were gone during the past weekend and had no knowledge of the events that occurred on September 5.  He stated that he had told his employees not to serve any liquor.  He indicated that he has recently made application to the Alcoholic Beverage Commission for a liquor license.  He further stated that it is hard to make a business profitable without the sale of liquor.  The court case in General Session has been continued to allow time to get his premises in order for approval of a liquor license.

Chief David Beaty stated that they also made compliance checks of the other businesses and found them in compliance.

The City Attorney stated that the Beer Board has the option of six months probation, a fine, or revocation of license.  Det. Rosser recommended revocation of the license.

(The following items pertaining to this case are attached and made a part of these minutes:

  • Complaint-Affidavit of Agent Paul Hill dated January 24, 2008
  • Search Warrant dated May 21, 2008
  • Statement of Richard Barnett dated May 21, 2008
  • Statement of Cynthia Barnett dated May 21, 2008
  • Statement of Jerry Kirby dated May 21, 2008)

The recorded transcript of the meeting is incorporated into these minutes by reference and shall be treated as a part of these minutes of the beer board meeting.

 

A motion was made by Councilman Duer, seconded by Councilman Dean, that the beer license of R & B’s Café be revoked for one year.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor Pro-Tem Boyd Wyatt, Sr.  Absent: Mayor J. H. Graham, III.

 

 

            With no further business, the Beer Board was adjourned at 5:20 p.m.