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Minutes - City Council - 10/05/1995
LIQUOR CONTROL BOARD 5 OCTOBER 1995 The South Burlington Liquor Control Board held a meeting on Thursday, 5 October 1995, at 9:00 p.m., in the small conference room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Chair; Michael Flaherty, David Maclaughlin, James Condos, Robert Chittenden Also Present: Charles Hafter, City Manager; Stephen Stitzel, City Attorney, Sean Cliche, Andrew Macdonald; Sera Congi, WCAX News 1. Meet to Consider Request from SBC Enterprises, Inc., to Reconsider License Revocation: Mr. Cimonetti noted that following this item, the City Council would meet in Executive Session to continue deliberation on the Entertainment Permit application of SBC and to discuss other litigation issues. Mr. Chittenden stepped down from the Board during the following discussion. Mr. Cimonetti noted that SBC Enterprises, Inc., has requested that the Board reconsider its liquor license revocation. He outlined the applicant's options in this matter: to request reconsideration by the Liquor Control Board that imposed the decision or to appeal directly to a higher Board of the State. Mr. Cimonetti noted that the action was taken to suspend SBC Enterprises, Inc.'s liquor license at 6 p.m. on 16 October 1995, for a period of 45 days. He then asked Mr. Cliche what is new or different from the time the hearing was held. Mr. Cliche said he felt 45 days was not appropriate. The action was taken while there was a challenge in court. He felt the fines were enough. Mr. Cliche noted that U-Save Beverage served minors and had its license suspended twice for a total of only 17 days. He felt that his was a technical violation, not jeopardizing someone's health and safety. If the license must be suspended, Mr. Cliche asked that he be given credit for being closed the last week because he didn't have an Entertainment Permit. Mr. Flaherty asked what Mr. Cliche would consider appropriate. Mr. Cliche felt paying the fines of about $22,000 would be appropriate. He said he has lost 2 week's business already. He said he received bad advice that there was no way that he could lose his law case against the city and cited the hardship of financial obligations. Mr. Hafter noted it was not the city that closed Mr. Cliche down these past few weeks. Mr. Cliche acknowledged that was correct but said customers would come in and go right out when they saw there was no entertainment. Mr. Condos reminded Mr. Cliche that he had received an Entertainment Permit granting what he had asked for and that Mr. Cliche had said there would be no dancers. He also reminded Mr. Cliche that he was told that if there were to be dancers, he would need a permit. Mr. Condos said Mr. Cliche chose to challenge the city for more than 40 nights. The substantial fines were brought about by Mr. Cliche's own actions. Mr. Condos added that Mr. Cliche was able to make money when he was violating the ordinance. Mr. Cliche acknowledged that what he did wasn't right and he apologized for his actions. He said he was acting under advice from people around him. He felt this should not be punished with suspension of the way he does business. He felt that was paying twice. Mr. Cimonetti noted there were violations of 3 different ordinances. The Board has not considered the violation of the zoning ordinance. The two statements of fact on which action was taken were: a) violation of the entertainment permit through 11 September (20+ violations), and b) one alleged violation of the anti-indecency ordinance. Mr. Cimonetti said that what has changed since then is that the alleged violations are being dealt with in the court. The Judge has ruled the city's Indecency Ordinance is legal and binding. He presumed the Court would deal with the tickets. Mr. Cliche asked how the city came up with 45 days. Mr. Cimonetti said it was the Board's position that Club Fantasy had operated in violation of the Ordinance for a period of about 45 days and had enjoyed financial benefit while disobeying a law. The Board felt no one should profit from breaking the law and that a suitable punishment would be to prevent Club Fantasy from making a profit for the same period of time. Mr. Cliche reiterated that he hadn't been sure the city had the right to make the law. Mr. Flaherty moved the Board meet in Executive Session to deliberate on the request for a change in the license suspension of SBC Enterprises, Inc. Mr. Condos seconded. Motion passed unanimously. The Board went into Executive Session at 9:25 p.m. Regular Session resumed at 9:36 p.m. Mr. Cimonetti said the Board will issue a formal finding tomorrow but advised the applicant that his request has been denied as the Board found nothing new or different to warrant a change. As there was no further business to come before the Board, the meeting was adjourned at 9:38 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.