Chattanooga Police Department Regulatory Bureau 3410 Anmicla Hy, Chatenooge, Tennesce 37406 Phone: (423) 6435156 Notification of Violation and Appearance Before the Beer Board Complaint Number 4714 Date/Time: 2-549 0) Name of Business: _ Com aio sPerk Business Phone Busines Adios: _ye¢9 Coup ect Permit Number: Business Owners Name: Permit Expiration Date: On the G_ day of _ Fel + 20/6, at FAZD_hrs, the Chattanooga Police Regulstory Bureau checked your business and found violations of City Code Chapter 5, Article M, Section and are hereby ordered to appear before the Beer/Wreeker Board on J— (pe {7} City Council's Building, 1000 Lindsay Street, Room 101, 9:00 a.m, to show cause why your [Beer License should not be sispended or revoked for the following violation(s) Hours Regulated See. 5-47 Prohibited acts on premises See. 5-54 FJ otenses involving minors; loitering gambling “Telephone and reports of disorders So. 5-55 sec. 548 Unsthorized use or consumption of beverages Operating a Disorderly Place 5-82.9(1) premises See. 5-49 Sale to ncapciated or inompetent person(s) Denied access to tw enforcement or inspectors 582.0) Use of premises not muthorized by pemnit Consumed o allow emplayee() to congue aleahol or See. 5-51 be inlonieatd on premises -82.(14) Employment of former voltors See. 5-52 Allowed patrons to leave the premises wih an open Gainer ofber or sleobol 5-#2.(16) [7] Brtoymen ot minors See. 5-53 (ther Violation (See below): Ovet Clow Dieg Naratve: “Porc Coppurdin a tai Me ta Td Fie Mregeroct VI AOrWAL Pract Dddalbio THe Creve yoy? AST Wwe Clo of “ye Covy 6 Ga a SB us pe oeed 6 un Any SL Coens aire CALE, (95 T A deferrat OF the hearing date may be granted for glod cause shown by contacting the Office of the City Attorney (423) 643-8250 by no later than the Tuesiay immediately preceding the hearing dae shown above otherwise the hearing will proceed as scheduled. A copy of this form will be placed in your fle for future reference, Failuce to eppear could result in the suspension or revocation of youchece license. aS ak Signature of AWhorized Ayentof Permitee or Permitee TRecien¥s Name ans i (PRINT) — “Woe Corres 16K Officers Name and Badge NumberChattanooga Beer/Wrecker Service Board Meeting Minutes February 16, 2017 ‘The Beer/Wrecker Board of the City of Chattanooga met Thursday, February 16, 2017 in regular open meeting. The Beer Board was created pursuant to Ordinance No. 7666, and the Wrecker Board was created pursuant to Ordinance No. 8415. In attendance were Board members Ron Smith, Ed Townson, Andre Harriman, Christopher Keene, Lee Dear, Dan Mayfield, Trevor Atchley, and James Hobbs. Joe Ramsey was absent. Also present were City Attorney Keith Reisman, Court Reporter Lori Roberson, Officer John Collins, and Regulatory Bureau Secretary Bertha Lawrence from the Police Department, Captain Chuck Hartung from the Fire Department, Randy Ridge from the Zoning Commission, Calandra Smith, from the Hamilton County Coalition, Jamie Baker from Carter Distributor, Tom Wadsworth from Budweiser, and Gail Perry from “the Chattanoogan” were also present. Chairperson, Christopher Keene called the meeting to order at 9:02 a.m. ‘The Sunshine Law was applied. Minutes Approval — July 6, 2016 (Prepared by Gloria Johnson July 21, 2016 due to the illness of Bertha Lawrence --Tabled.) February 2, 2017 Dan Mayfield made a motion to APPROVE the minutes for February 2, 2017. Andre Harriman seconded the motion. Motion carried unanimously. February 16,2017 Minutes Those prepared to testify on a violation and those who have applied for a beer permit were sworn in by Court Reporter Lori Roberson. Beer License Violations: Boer/Wrecker Service Board Meeting Agencia February 16, 2017 Page | ote:1. Ramila Or Savita Chaudhari, Kanku’s, 4408 Highway 58, (Carry-Out) RE: Sale of Alcoholic Beverages to a minor per Hamilton County #170002972. AND (17) The beer board may also, in its discretion, suspend, revoke or impose a civil penalty for due cause not specified herei ‘The allowed provisi rein stated was violated on January 27, 2017. Previous 1. Appeared before the board on 1 1/22/10 VIOL of SEC 5-82 (a) (8) (16) Sold to a Minor violated on 11/18/10 per CPD #10-112680 which resulted in a 3-day suspension, Officer John Collins explained that the Hamilton County Sheriff's Department along with the Hamilton County Coalition conducted a series of compliance checks. Deputy Jay Thomas, HCSO, explained they sent a nineteen (19) year old into the store where a beet was purchased and his ID was not checked, The store was issued a citation, Deputy ‘Thomas was questioned by the board. Dillon Ray, buyer, testified that he went into the store where there was only one (1) other customer inside and he took the Bud Ice to the counter. Dillon Ray was questioned by the board and Attorney Keith Reisman, Mr. Ray stated his date of birth as 9/8/97. Mr. Ray did not have his driver’s license with him today at the meeting but there was a picture in Deputy Ray’s phone that was passed to the board, The picture of Mr. Ray had a red frame around it indicating that Mr. Ray is less than twenty-one (21) years of age. Attorney Reisman made the picture EXHIBIT #1. Mr. Ray stated that the clerk did not ask for his ID. Ramila Chaudhari testified that the clerk, Jinsha Chaudhari, isnot a regular employee and was just helping out that day at the register...he usually mops and cleans. Ms, Chaudhari was. ‘questioned by the board and Attorney Reisman and advised that the clerk is no relation and that the incident was a mistake. The clerk is still employed at the business and only works three (3) to four (4) days of the week. Ms. Chaudhari stated that she had read and understood the beer codes, Jayentil the manager was questioned by the board and stated that the clerk has worked for the store for one (1) year. Andre Harriman made a motion to SUSPEND the beer license of Kanku’s for 10 days from February 23” through March 5", Lee Dear seconded the motion, Motion carried unanimously. Boer/Wrecker Service Board Meeting Agenda February 16,2017 Page 201 82. Mapco #3530, 4600 Highway 58, (Carry-Out) RE: Sale of Alcoholic Beverages 0 a minor per Hamilton County #17-002975. AND (17) The beer board may also, in its diseretion, suspend, revoke or impose a civil penalty for due cause not specified herein, n herein stated was violated on January 27, 2017. There was not a representative present. Officer Collins advised that he delivered the citation late due to the fact that he has been off. Attorney Reisman suggested that the board pass this violation due to the lateness of delivery. James Hobbs made a motion to PASS the violation of Mapco #3530 to the next meeting scheduled for March 2, 2017. Andre Harriman seconded the motion. Motion carried unanimously. (a) No sale of beer or other alcoholic beverages shall be made to any person under the age of twenty-one (21) years; nor, shall any person under the age of twenty-one (21) consume any alcoholic beverages; nor shall any person purchase or otherwise obtain any such beverage for any person under the age of twenty-one (21), AND Overcrowding AND (17) The beer board may also, in its discretion, suspend, revoke or impose a civil penalty for due cause not specified herein. The allowed provision herein stated was violated on February 5, 2017 per CPD # 17- 11479, Seer/Wrecker Service Board Meeting Agenda February 16, 2017 Page sotPrevious Violations: NONE Officer Collins explained that he, the fire marshal, and patrol officers responded to the club around 1:00 a.m, acting on a tip regarding overcrowding. Upon arrival, the clicker was showing nine hundred and thirty-five (935) and the occupancy for the building is five hundred and eighteen (518). They were also using the basement area that had not been approved by the fire marshal. Officer Collins added that he checked eight (8) IDs and found four (4) to be fake. ‘Those four (4) were cited for criminal impersonation as well as drinking under age. Officer Collins was questioned by the board and stated that the business claimed that they have scanners but they were not used that night. There were people at the door who were checking IDs. Captain Chuck Hartung, CFD, advised he was asked to assist PD. On that night there was a count of nine hundred and thirty-five (935) on the clicker. A second (2"!) clicker was presented about forty-five (45) minutes into the inspection with a number of three hundred and three that had exited. Captain Hartung stated that they were still over capacity by one hundred (100). ‘After a walk-through of the building, several fire violations were found. ‘They were advised to cease from using the downstairs portion of the building until there is an inspection. An inspection has been scheduled for tomorrow. Captain Hartung was questioned by the board and advised that the downstairs portion of the building when it was Bella Vita was used for storage. Tammy Renee Taylor was not present. Randall Paulsen, General Manager that was on duty, testified that he was misled by his contractor and was told that the proper procedures were in place, Mr. Paulsen said he was told that their occupancy was greater. ‘The use of the downstairs portion has ceased. Mr. Paulsen stated that he has a meeting with an architect and different contractors for the finished downstairs area, Mr. Paulsen added that their scanner was not used because it is in need of a battery. Mr. Paulsen brought with him four (4) IDs that he confiscated that night that actually scanned. Mr. Paulsen was questioned by Attomey Reisman and the board. Mr. Paulsen stated the Global Security is the one usually responsible for scanning IDs for them, Mr. Paulsen added that he had to go on line to order the battery for the scanner instead of going to a retail store for purchase. Board Member Trevor Atchley stated that he believes this business has done all they could do to check IDs and it is not fair for the board to impose upon them the obligation to have a scanner. Curtis Greene, owner of Global Protective Services, stated that he had two (2) gentlemen working the door that night only handling the incoming crowd and he had suggested to the business not to let in those with South Carolina and Mississippi IDs until the problem with those IDs had been rectified. Curtis Green was questioned by the board and stated that in the future his men will put ID bands on the under aged to keep track of those that his men have [Ded. Attorney Reisman scanned the four (4) IDs that Mr. Paulsen brought with him and the all scanned except for one (1). Beer/Mrecker Service Soard Meeting Agenda February 16, 2017 Poge sotRandall Paulsen stated that they dropped the ball on the overcrowding issue with the out clicker and have since changed procedure with the in and out clickers. Mr. Paulsen explained his hours of operation for the smoking facility. Admonition to Applicant e Andre Harriman-Beer Board ¢ Calandra Smith-Hamilton County Coalition Beer License Application: 1, Jason Jones The Stache Company, LLC (District 7) d/b/a Moe’s Original BBQ 221 Market St. (Consumer) Officer John Collins advised inspections were passed. Jason Jones was questioned by the board and advised that he has read and understood the beer codes. Mr. Jones stated that the business used to be Rhythm and Brews. James Hobbs made a motion to APPROVE the application for Moe’s Original BBQ. Andre Harriman seconded the motion. Motion carried unanimously. 2. Greg McCourt/Conner Choate Plan B Brewing (District 7) d/b/a Mad Knight Brewing 4015 Tennessee Ave. (Consumer/Carry-Out/Distributor) Captain Chuck Hartung advised they have passed inspections and advised that the occupancy for the building is forty-four (44). Beer/Wrecker Service Board Meeting Agenda: February 1¢, 2017 Page Sot8Greg McCourt advised that EPB just installed their phone and he will get that number to Mrs, Lawrence. Conner Choate was present. Both were questioned by the board and stated that they have read and understand the beer codes. Dan Mayfield made a motion to APPROVE the application for Mad Knight Brewing. Andre Harriman seconded the motion. Motion carried unanimously. 1, Adam Kimsey Chattanooga Choo Choo Songbird’s Grand Opening (istrict 7) (March 11, 2017) (11:00 a.m. — 6:00 p.m.) ‘St. Paddy’s Day Parade (March 18, 2017) (10:00 a.m. — 6:00 p.m.) 1400 Market St. Captain most recent juck Hartung advised no inspections were needed; however, they have passed their sspection. Kelly Skinner advised that they will do similar to what they did for Main x24 in celebration of Songbird’s Grand Opening. Ms. Skinner added that the St. Paddy’s Day Parade has been canceled. Ms. Skinner was questioned by the board and attomey Reisman and she advised that off duty officers will be on site and they are aware of the card issues with South Carolina and Mississippi Attorney Reisman made it clear that the events will take place at 29 Station St. Andre Harriman made a motion to APPROVE. the application for Chattanooga Choo Choo’s Songbird’s Grand Opening. Dan Mayfield seconded the motion. Motion carried unanimously. 2. Michael Alfano The Comedy Catch Songbird’s Grand Opening (March 11, 2017) (10:00 a.m. ~ 12:00 a.m.) (District 8) ‘St. Paddy’s Day Parade (March 18, 2017) (10:00 a.m. — 12:00 a.m.) 29 Station St. Michael Alfano advised that the St. Paddy’s Day Parade has been canceled. Mr. Alfano added that they will be selling beer and food. Beer/Wrecker Service Board Meeting Agenda Febxvany 16, 2017 Page 6of8James Hobbs made a motion to APPROVE the application for The Comedy Catch’s Songbird’s Grand Opening. Andre Harriman seconded the motion, Motion carried unanimously. 3. Fletcher Bright Thompson Stir Songbird’s Grand Opening (District 7) (March 11, 2017) (10:00 a.m. — 6:00 p.m.) St. Paddy’s Day Parade (March 18, 2017) (10:00 a.m. — 6:00 p.m.) 1444 Market St. Fletcher Bright Thompson advised that the St. Paddy's Day Parade has been canceled. Mr. ‘Thompson added that they will be selling draft beers, tacos, sliders and grilled oysters. Andre Harriman made a motion to APPROVE the application for Stir’s Songbird’s Grand Opening. James Hobbs seconded the motion. Motion carried unanimously. 4, Raven Humphrey Normal Park Museum Magnet PTA Fork & Gavel (District 7) 3146 Broad St./Stratton Hall (March 11, 2017) (9:00 a.m. — 11:00 p.m.) ‘Captain Chuck Hartung advised that Stratton Hall has passed its latest inspection. se money for the Raven Humphrey advised this is a fund raising event to help the school r the seventh (7") school as well as the school’s gymnasium. Ms, Humphrey stated that this year for this event. James Hobbs made a motion to APPROVE the application for Fork & Gavel. Andre Harriman seconded the motion. Motion carried unanimously. Wrecker Applications: NONE Beer/Wrecker Service Board Meeting Agenda February 16,2017 Page 7 018Attorney Reisman: ++ Thanked the board members for their participation on the board. Informed that the next meeting will be held in the Conference Room due to the renovations that will take place in the main room. + Legislature: © Have 2 bills before them to change the definition of beer. It will allow beer to have 18% in volume and 14% by weight. © Will allow wine to be sold in grocery stores at the same time as beer is to be sold. Is looking to declare the month of April as Tennessee Craft Beer and Cider Month. “> Dan Mayfield stated that he will not be at the next meeting. “+ Calandra Smith recommends a revision to the ordinance to mandate some type of training for beer sales. Adjournment: Lee Dear made a motion to adjourn the meeting at 10:45 a.m, Andre Harriman seconded the motion, Motion carried unanimously. Beer/Wrecker Service Boord Meeting Agenda February 16,2017 Page 8018