HELEN - The owner of two Helen restaurants/bars will get to keep her license, despite being accused of keeping one of those establishments open until nearly 4 a.m. March 28, contrary to city ordinances.
A show cause hearing was held before the Helen City Commission this week to consider what, if any, violations were committed by Haley Nottage of Pies and Pints Deli & Tavern on South Main Street.
After receiving a report from another restaurant/bar owner, Helen police testified they went to Pies and Pints around 3:52 a.m. and found the front door unlocked, no closed sign, the lights on and music playing loudly. The other owner also had reported that people were playing pool at Pies and Pints.
The city's alcohol ordinance requires establishments serving alcohol to cease doing so by 1 a.m. and to be closed by 1:30 a.m.
Two Helen police officers testified during the administrative licensing hearing; so did Nottage, her husband, her son and her brother, all of whom were in the business at the time in question.
Officers testified Nottage was lethargic and clearly intoxicated, and was seated at the bar with a half-empty beer within her reach, noting there also were three shot glasses on the bar. They presented photographs to the city commission.
Testifying under oath at the hearing, Nottage gave her side of the incident.
"I wasn't consuming anything," Nottage said. "I had had enough before that, and I was intoxicated. They were right about that. But as far as consumption, there wasn't any consumption. There was music and I had been playing pool - that much we are guilty of."
Nottage took issue when Commissioner Helen Wilkins said, "So you are the owner and license holder and you are dead drunk in your establishment ... drunk enough that you were still slurring and appeared to be drunk at 4 o'clock in the morning."
Nottage insisted, "I wasn't dead drunk."
Commissioner Judy Holloway then reminded Nottage, "You just admitted you were intoxicated."
"Right, but I wouldn't call it dead drunk ... but I had been drinking," Nottage said.
Nottage admitted she has had two previous violations as a license holder, including one at Pies and Pints, and one at Hogpen Gap Grill on North Main Street.
The prior violations involved sale of alcohol to an underage person.
Helen Municipal Code 6-4 specifies alcoholic beverages may be consumed on premises between the hours of 7 a.m. on Saturday until 1 a.m. on Sunday.
All licensees who serve alcoholic beverages for consumption by the drink on premises shall be closed at 1:30 a.m.
"A criminal conviction or municipal conviction is not required for you to find a violation has occurred under city code, just that you believe by the proponderance of the evidence that alcoholic beverages were consumed outside of the hours of consumption and/or the licensees under the chapter ... shall be closed at 1:30 a.m.," said City Attorney Carl Free.
Free told commissioners they had the authority to fine, fine and suspend the license, or revoke the license. He pointed out the license revocation option does not allow a fine.
Unlike a judge or jury, the city commission has to deliberate in open meeting with any members of the public present.
Commissioners agreed a violation of closing time occurred, with several offering comments.
"Y'all have been in business long enough to know about the 1:30 a.m. closing," Holloway told Nottage.
Wilkins chose to address Nottage after again discussing the testimony and Nottage's admission that she still was intoxicated at 4 a.m.
"As a license holder and a business owner in this town, you're not setting a good example for patrons or your son or anybody with that kind of behavior," Wilkins said. "We just can't tolerate that."
Nottage insisted the establishment was not open and did not have any customers, noting everyone on scene was family who are employed by the business in some capacity, but said the unlocked door was an oversight.
The commission voted that an ordinance violation related to closing time occurred, then voted to impose a $1,000 fine, payable by Friday, April 24.
"I think if I were you I'd get a closed sign ... just for your protection from now on," Mayor Dona K. Burke told Nottage. "Just be careful because this is your livelihood and you could lose your license, and I don't think you want to do that."
Wilkins told Nottage, "I don't think that we'll be this lenient next time ... $500 didn't really do it for your first offense, so here you are again and if $1,000 doesn't do it, it's going to get very serious and it could affect your livelihood."
http://accesswdun.com/article/2015/4/305730/helen-restaurantbar-owner-fined-1000-by-city