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HomeMy WebLinkAboutMinutes - City Council - 10/12/1995MINUTES Liquor Control Board 12 October 1995 The South Burlington Liquor Control Board held a special meeting on Thursday, October 12, 1995 at 5:00 PM in the Conference Room, City Hall, 575 Dorset Street. Members Present: Bill Cimonetti, Chair; Michael Flaherty, David MacLaughlin, James Condos Also Present: Charles Hafter, City Manager; Stephen Stitzel, City Attorney; Shawn Cliche, Karen Shingler, Susan Right Executive Session: Mike Flaherty moved that the Liquor Control Commission enter executive session to discuss litigation. Jim Condos seconded. The motion passed unanimously. Regular Meeting: The Liquor Control Commissioners returned to regular session at 5:15 PM. M. Karen Shingler, representing Mr. Cliche, presented the request for a stay of the liquor license revocation of Club Fantasy due to go into effect October 13, 1995 at 6:00 PM and last 45 days. She also requested, if possible, a modification of the order of suspension. She presented the following reasons to support her request: 1. Since Judge Bryant's order, SBC Enterprises has demonstrated good faith efforts to comply with local regulations. 2. SBC Enterprises, Inc. has now received their entertainment permit. 3. A large number of citations for violations of city ordinances is now pending. Mr. Cliche needs income to pay the potential fines. If Mr. Cliche is not allowed to serve liquor and fines are imposed he will either be in contempt of court or be forced to appeal. 4. It is reasonable to delay liquor license suspension until after Judge Villa issues her decision. 5. Mr. Cliche has 30 days to file a timely appeal to Judge Bryant's decision. Because of the inter-relation of the liquor license, entertainment permit and City ordinances a stay would be in order. 6. The violations of Mr. Cliche and Club Fantasy are not the type the Liquor Control Commissioners usually face -- ie. serving to minors, or over serving. These violations do not affect the safety or welfare of the community. Mr. Cliche is well aware of the safety factors that occupy the issuance of a liquor license. 7. Over the last several days, Mr. Cliche and Ms. Shingler have tried to turn the sequence of events around. Mr. Cliche wants to work with the Commission of the City Council. 8. Club Fantasy has been closed since September 29, 1995. Mr. Cliche has raised no revenue. This should be taken into consideration. Ms. Shingler repeated that the Commissioners should either stay the effective date of the revocation until the decision has been finalized or modify the effective date to a later time to allow Mr. Cliche to demonstrate his good faith. Chairman Cimonetti asked if the applicant was asking for either a stay or a modification. Attorney Stitzel replied that only a stay could be considered. Mr. Cimonetti asked if anyone had anything further to say. The meeting adjourned upon the motion of Mr. Flaherty and was seconded by Mr. Condos. The motion passed unanimously. The Commissioners went into deliberation at 5:30 PM. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.