| Now (August 2009) that it is certain that a
proposed Liquor License Moratorium will appear on the November
ballot, the booze debate is heating up. The short-handed city
commission has frozen into 3-3 deadlock, and Public Comment speakers
are close to 50-50 about the issue. This page will accommodate the
expanding dialogue and provide links to previous discussion.
Liquor Control
Committee . . .
Liquor Licenses (How
much liquor is too much?) . . . 20 Aug 09
LCC Meeting . . . Bar Owners Protection Act
Ban that booze!
Royal Oak's City Charter authorizes the
City Commission to exercise control over liquor licenses and liquor
sales.
Chapter 14, Section 22.
The Commission may by ordinance limit the number
of places where intoxicating liquors may be sold and for which
licenses may be issued; the terms and conditions upon which such
licenses may be granted; restrict the territory within which
said places where intoxicating liquors may be sold, shall be
located; prescribe rules and regulations for the conducting of
said places where intoxicating liquors may be sold, and the
conditions upon which said license may be annulled, revoked, or
cancelled, and may also, by resolution, prescribe the location
of said places where intoxicating liquors may be sold, within
the proper territory. All subject to the Constitution and
General Laws of the State.
Any moratorium-like action which
reduces or eliminates that authorization is equivalent to reducing
or eliminating the authority of, say, Judges Brennan and Sawicki to
level fines. If there is never any need for case-by-case
discernment, let's do away with CITCOM -- and with the 44th District
Court .
-- 18 Aug 09
|
18 Aug 09
Two about liquor licenses:
§
Brendan Wehrung has given VersagiVoice permission to use his post,
slightly revised, from The Daily Tribune
The problem is that a liquor license is treated as personal property
under Michigan law. I can understand how it is necessary to hold
onto the license to sell an operation, but rather than a permission
to dispense alcohol a license is treated in Royal Oak as an article
of profit.
Briefly, when the Commission allows an import in, it in effect gives
the new owner a grant of $250,000 (the minimum resale price in our
town) if the license is moved to another downtown location rather
than figuring in the sale of the business in situ. The only ones who
can purchase such a license are those who will recoup this cost by
selling a highly profitable product--beer, wine and spirits, in
great quantity: a mega-bar.
There is anther way. Let's look at the Emagine theater complex that
wants to import a Berkley license to the NW corner of 11 Mile and
Troy Streets. What if they signed a covenant allowing the license
only for that location, and binding on any succeeding owners to sell
it out of town (it costs $50,000, not $300,000) if and when movies
and bowling are not offered there? This is the heart of the "bistro
concept" passed recently; that approval is purpose-specific, and is
voided at the time the purpose changes.
We can have development, new ideas, and no new giant bars. It will
take some creativity and understanding on the part of the
Commission, and not just a "yes" or "no" about what is only a
temporary fix called for by the referendum. "
I don't know if this is up to the standards of your commentary, but
I think you ought to form an opinion on the matter, which will
probably be a distracting election issue, especially if Emagine is
approved. And why shouldn't it be? $10 million of construction
with parking in a private parking structure (see
http://www.ci.royal-oak.mi.us/clerk/lcc/20090820-04.pdf) is
going to be mighty appealing to a tax-hungry administration. --
Brendan Wehrung
§
Hi Frank,
Thanks for being such an astute reporter. I thought my more
compelling comments were . . . “If we continue to open
more establishments whose primary source of profit is the sale
of liquor, what message are we sending to our children?” Or . .
.
“Anyone who
is willing to fund a police officer is doing so because he knows
his business will contribute to police activity.” -- Peggy
Goodwin
Bar Owners Protection Act?
I would like the supporters of the proposal to end the ability
to transfer a liquor license into RO from other communities to
explain a couple things: 1.) Why is a new establishment opened
with an escrowed liquor license any less of a burden on the
police force than one opened with a transfer? 2.) Same question
for all the issues with parking, so called effects on kids, etc.
If you think the downtown has enough bars per the master plan
and don't want to open additional ones, that is one issue. The
proposal on the table, which I would title the Bar Owners
Protection Act of 2009, is nothing but a political payoff
disguised as a public safety issue. -- Rick Karlowski
|
24 Aug 09
Responses to Wehrung and Goodwin
§
I have reviewed Mr. Brendan Wehrung's comments posted on your
website, specifically wherein he notes "What if they (Emagine)
signed a covenant allowing the license only for that location, and
binding on any succeeding owners to sell it out of town (it costs
$50,000, not $300,000) if and when movies and bowling are not
offered there? This is the heart of the "bistro concept" passed
recently; that approval is purpose-specific, and is voided at the
time the purpose changes." As the Founder/Chairman of Emagine
Entertainment, please be advised that Emagine would
whole-heartedly accept imposition of such a restriction on its
license. I would appreciate it if you would share our sentiments
with your constituents. -- Paul A. Glantz
[See]
§
Frank,
If the Royal Oak CC would have as much fire in the belly regarding
tackling the city employee legacy costs as it does with regard to
the number of bars downtown, we would not have to worry about a
police officer shortage.
With regard to the comments about what the message is to our kids
of having more bars in the downtown and the offer to fund
additional police officers -
The message is 1.) you don't have to get drunk when drinking and 2.)
if you stay in school, get an education, you increase the
probability of getting a good job so that you too can come to
downtown Royal Oak and have fun with others like yourself. Compare
that to the message sent by the flop houses in Royal Oak which says
you can become an alcoholic and dope addict and someone will be
there to take care of you.
As for the additional police, the offer was made in an attempt to
address a concern raised by some members of CITCOM. The conclusion
that they were offered because they would be needed has no basis of
fact.
A venue's size and the inclusion of a dance floor does not mean the
place will be a problem. Ownership and the cliental they allow in
do. I think the owner of Blackfinn has proved their ability to
maintain order. -- Rick Karlowski: 21 Aug 09
More comments on the booze debate
§
Frank,
If the Royal Oak CC would have as much fire in the belly regarding
tackling the city employee legacy costs as it does with regard to
the number of bars downtown, we would not have to worry about a
police officer shortage.
With regard to the comments about what the message is to our kids
of having more bars in the downtown and the offer to fund
additional police officers:
The message is 1.) you don't have to get drunk when drinking and 2.)
if you stay in school, get an education, you increase the
probability of getting a good job so that you too can come to
downtown Royal Oak and have fun with others like yourself. Compare
that to the message sent by the flop houses in Royal Oak which says
you can become an alcoholic and dope addict and someone will be
there to take care of you.
As for the additional police, the offer was made in an attempt to
address a concern raised by some members of CITCOM. The conclusion
that they were offered because they would be needed has no basis of
fact. A venue's size and the inclusion of a dance floor does not mean the
place will be a problem. Ownership and the cliental they allow in
do. I think the owner of Blackfinn has proved their ability to
maintain order. -- Rick Karlowski
24 Aug 09
|
Liquor Control Committee Meeting: 20 Aug 09
Brendan Wehrung has provided his impressions of the LCC meeting.
It's
coming on September 9th, the Battle of Booze!
Thursday's LCC meeting resulted in, well, not much, to the
disappointment of Mr. Paul Glantz and the representative of
Joseph Freed LLC who wanted to be granted a liquor license for
his Emagine theater. At public comment, I did my song and dance,
the first about how things might go in the normal pace of things
(turning the bowling alley portion to a mega-mega bar, moving
the license who-knows-where and so forth) and said I'd be back
for the hearing. On the way from the podium I was handed the
attached (notice he signed it), which I carefully determined
afterwards is now a public document I can give to you.
Essentially it promises exactly what I proposed on your site.
[See} I
wonder if he read it?
Most speaking at the hearing were nearby residents, who
complained about skateboarding teenagers, ones who climb light
poles at midnight, lights and noise from the parking structure
and so forth. Mr. Glantz answered those with grace and aplomb.
He was less able to speak to a possible too-low number of
parking spaces which was eventually why the hearing was
suspended and postponed to September 9th, when Planning would
report on further study.
Glantz explained that expensive movie tickets and even more
expensive popcorn just isn't enough any more, that to run a
quality place you need an economic sweetener, which is beer,
wine and spirits to enjoy with your movie or bowling. Not to
mention the party room upstairs, which he specifically said
would used for birthday parties (pt to 6 at a time) and other
private gatherings. He downplayed how alcohol would be
important, and promised never, never, ever to turn that area
into a dance club.
I've got to say he appears to be a class act. The biggest
question is what happens when somebody comes early for a meal,
and then a movie, or catches an early show and then wanders off
down Main St., leaving no place for the next round.
AND how many will come to Bar Louie's. This is in the "now it
can be told" category, since the place was mentioned several
times (see
http://www.restaurants-america.com/barlouie/ for
description). Apparently it's a chain, will take up 6700 sq Ft
and seat about 200, with 50 outside. That seems awfully low a
count for that much space.
Let's see, if the deck parks 410, and there's 200 in Bar Louie's
with a max of 1,700 movie seats, that equals.... Anyway,
Semchena was real eager to put the Emagine issue over until Bar
Louie's was on the same menu (ahem!, agenda), so the 9th looks
to be decider day, in advance of the first Commission meeting of
the month, which is on the 14th.
Everybody is in favor of the taxes the place would generate, and
the police chief remains unconvinced that juveniles can be
handled, but he wrote a curiously subdued denial in the report.
I'd say there is a 70% chance of recommendation and approval by
the Commission even with the political thunder clouds on the
horizon.
Also possibly on the agenda for the 9th, moving the Small Plates
license to 212 W. 5th (Mezzo-something, not a big place I'm
told, so how are they going to justify $3-400,000 for an in-town
license? And up to 3 in-the-works bistro requests.
Stay tuned, or, since you can't see it on TV, come! --
Brendan
*
*
|