Liquor Control Committee

Three members of the City Commission sit on the LCC, as does the City Manager and the City Attorney. Because the LCC's recommendations must be approved by CITCOM, city hall observers can learn all they need to know by monitoring CITCOM meetings, unless a specific interest requires their presence at the LCC gathering. As at CITCOM, the public can participate either during Public Comment or during a Public Hearing concerned with a specific agenda item.


July 2010
From Memphis Smoke to Cantina Diablo
Liquor Control Committee approves license transfer
The petitioner taking over Memphis Smoke, at Eleven Mile and Main, can't have any music -- not even piped-in background music -- for the almost 200 diners on his roof. That was one of the prices paid to obtain approval of the transfer of Swine Dining's liquor license.

It was a long and dreary meeting for observers as well as for the petitioner who will be employing about 100 workers. Anti-business residents speaking during the Public Hearing and the three LCC commissioners acting like a combination of the Zoning Board, the Plan Commission, and the Police Department turned what should have been a 30-minute task into a 2-plus hour ordeal. The questions asked by the commissioners and the residents touched on such diverse topics as "too many" Mexican restaurants, the "noise" of conversation and clinking glasses from rooftop diners, the color of an interior glass partition, the design and cost of the proposed rooftop sound attenuation installation, the confusion caused by apparently last-minute changes in Diablo's Plan of Operation, and the fate of current Memphis Smoke employees.

LCC's recommendation goes to CITCOM, where it is likely that objecting residents will continue to make their case.

On the plus-side, Chairman Terry Drinkwine encourages back-and-forth dialogue between residents and the three LCC commissioners. Transparency and Democracy on display -- especially since a Public Hearing was not legally required in this case.

Police Chief Chris Jahnke again used his diminishing staff as one of the reasons for recommending the license transfer be denied. Since it seems certain that the department will suffer more cutbacks, have we reached the point where it is meaningless to hold LCC meetings? Do we have here a valid reason to enact a moratorium banning consideration of any and all requests for a license?

June 2010
Liquor Control Committee approves, punts, and seeks increased transparency

The LCC will recommend to CITCOM, that -- whether or not a Public Hearing is scheduled -- the committee or the city manager can agree to televise meetings.

At this June 2010 meeting, LCC unanimously approved a change in its plan of operation for Mt. Chalet II, at 32955 Woodward.

Although only a transfer of liquor license was involved, the evening wasn't as smooth for Cantina Diablo's bid to expand its operation in the Memphis Smoke premises. After long discussion, the decision was made to schedule a Public Hearing on July 14. Especially at issue is the request for a rooftop "sound proof" band shell which will remain open till 2 a.m.

See City Hall observer Brendan Wehrung's extended LCC report. 

June 2010
Submitted by Brendan Wehrung

Liquor Control Committee
June 2010 meeting

Here's your report by a humble but opinionated observer.  You'll have to edit it as I refer to the noise ordinance before enactment, and you won't post until after it has been voted on.

The LCC meeting last Thursday, delayed so that a proposed transfer of the Memphis Smoke license could be included, was both lengthy and intense. The first item was Mt. Chalet, and approval for a 24-seat patio addition glided though as though greased with pig fat. Not so the demise of Memphis Smoke.

Its been around for over a decade, and way back when added roof service. Cantina Diablo, an offshoot of Diablo in Ferndale and owned by the Rosy O'Grady's people, claims to be an "authentic" Mexican restaurant but presented a Tex-Mex menu.  Most Americans probably would call that a distinction without a difference, but the nice people at Margarita's Mexican Restaurant on Woodward might object. 

Diablo would be a bit different from Memphis Smoke, while giving downtown more of everything it offers.  The main floor would increase by 84 seats, including 9 more at a really big bar.  Live acts would be replaced by a DJ but they'd move tables to keep the dance floor. They'd like a sidewalk cafe as well.

Roof seating would double in floor space and 56 seats, 22 more at a really big bar, moved to the front.  Memphis smoke was granted permission to expand last year, but never took the opportunity. The extra space would come from tearing out a stage, but would include a 10' x 20' dance floor and a cement-block band shell.  This last is important because they are well aware that a band or DJ upstairs will be heard all over the area.  Therefore the band shell was described as "sound proof.".  An offer was made of an employee using a $3,000 decibel meter once every couple of hours to check compliance new sound level ordinance requirements, but Diablo avoided making any commitment to cancel rooftop music if it got too loud, just to tone it down for the night when they received complaints.  The city already has dance agreements in place that, should patrons be allowed to get too frenzied, the dance permit will be revoked (at the discretion of the police).

The city has Second Reading approval that includes noise standards on the agenda for Monday night, briefly

Sound Levels in dB(A) at Lot Lines
Use of Property Receiving the Sound
Residential or Institutional

Commercial, Office or Industrial

7:00 a.m. - 9:00 p.m.

80

90

9:00 p.m. – 7:00 a.m.

60

75

 for reference, 90 db is a train whistle a block away, see
http://www.gcaudio.com/resources/howtos/loudness.html

Police are against the transfer because of lack of personnel to handle the size of the crowd if it gets out of hand.

None of this long and intense discussion (the meeting lasted 2 1/2 hours) was held before TV cameras.  By the will of the Commission, only LCC meetings including public hearings are televised. Despite having condo dwellers across the street, down the road, and residents on Center St. somebody decided no hearing was necessary,  Indeed, the matter could not have been on the agenda as a hearing, because of time needed to notify all surrounding parties. 

And a personal gripe: material concerning Cantina Diablo (other than the statement that a license transfer would be on the agenda) was not posted on the city web site until Monday.  This is becoming endemic, last-minute postings of public business to be taken up.  As I write this (Saturday night) the agenda for Monday's Commission meeting has just appeared, not having been available at close of business (noon) on Friday.  LCC members (Poulton, Drinkwine, Semchena) agreed that the public might have an opinion on what was presented, and voted to postpone consideration until a public hearing could be held at their July meeting, July 14.  That should be televised.

Considering how loud a maximum noise level the revised ordinance is going to allow, I'd opt for a public hearing on that, too.  Paperwork is at
http://ci.royal-oak.mi.us/portal/sites/default/files/meetings/City%20Commission/2010/0621-18a.pdf

Brendan Wehrung

April 2010:
3 Commissioners, 2 agenda items, 3 hours
The 28 April 2010 Liquor Control Committee meeting lasted longer than three hours -- to address two liquor license requests. In both, no vote was taken and the petitioners have to come back with more information or with a modified plan of operation.

During the two hours devoted to the proposed replacement of the failed billiards place on Fifth, Commissioner Poulton asked 31 questions; Commissioner Semchena asked 12; Commissioner Drinkwine, 6 -- 49 questions total. Chairman Terry, who usually runs a tight but friendly meeting, was in a preachy mood and interacted at length with the petitioners and their representatives. I had to leave not long after discussion began about the second request, to create a banquet facility on the third floor at 1023 S. Main, so I have no question-count for it.

One reason that the meeting ran long is that, as so often happens at the Zoning Board of Appeals, the LCC seemed to want to address issues about which it has neither responsibility nor authority. An observer sampling the session at random would be justified thinking she was viewing a meeting of the Parking Committee or the ZBA or the Plan Commission.

And, there continues the puzzling insistence by one member to demand that petitioners must have already gone through Planning and Zoning before applying for a liquor license.

Imagine if the LCC didn't exist and all this had to take place at the commission table.

February 2010
LCC recommends another Bistro license

Royal Oak's Liquor Control Committee voted unanimously to recommend that CITCOM approve a bistro license for Mezza Mediterranean Grille, a restaurant at 212 West Fifth Street.

The panel also voted unanimously to recommend approval of D'Amato's request for two dance floors, in adjacent but separate serving areas. The approval came after Lieutenant Gordon Young reported there have been no problems with the several 1-night dance permits D'Amato's has used.

Pulled from the agenda before the meeting began was a request by Cantina Diablo, 511 South Main, to transfer an escrowed liquor license.

January 2010
LCC recommends license transfer, punts on request  for outdoor service.

Caught up again in "confusion over semantics," in the words of Chairman Terry Drinkwine, the Liquor Control Committee debated a bit before recommending that CITCOM grant a liquor license transfer to the owner of Leo's Coney Island. It was a split vote, with Commissioner David Poulton voting No. On the separate matter of allowing Rock on Third to use, and pay for, two parking spaces as part of its proposed outdoor service, the LCC punted. It moved the matter to CITCOM without recommending either approval or denial. Here, the problem was the split opinion of the Administration.

Poulton questioned whether two or three of the criteria needed for approving a license transfer are being met.  He focused specifically on the proposed menu (It apparently wasn't Greek enough for his taste), and he was concerned more than Drinkwine and Mayor Ellison (sitting in for Semchena) about the Sports Bar speculation, because there will be several  television sets in the restaurant. The owner/developer of the new building replacing the old and popular Rumors agreed to change the menu "anyway you want" but stressed that his most popular items -- like lamb chops and shish-kabob selections -- are not "sports bar" offerings. "But it's not 100% Greek," David commented. The owner quickly and firmly answered "no" when asked whether he will close his next door Coney Island after he opens the new restaurant.

The sidewalk outside Rock on Third is too narrow to permit a traditional sidewalk cafe, so the owner's architect has conceived a platform which will include space now occupied by two parking spaces in front of the building. Because the concept is new -- although it apparently has been successful in Birmingham and Ann Arbor -- City Manager Don Johnson says the majority of involved Staff approves a 1-year experiment. Discussion between him and the committee members stressed that under no circumstances will the concept be considered for Main Street or Washington or Fourth. The decision to forward the request to CITCOM without recommendation came after Johnson said that Planning and Engineering (not attending this meeting) were opposed, although Police and Fire are okay with it.

After the Police Report mentioned two serious incidents resulting from apparently drunk customers leaving Black Finn, Drinkwine asked whether there were no such incidents related to other bars or restaurants. Told that there are but they are less serious. Terry requested that the LCC be told of all such incidents, regardless of their severity.

Because laymen tend to get lost among details now and then, City Attorney Dave Gillam was several times  requested to provide legal and procedural guidance to help get the discussion back on track. -- 13 Jan 10

December 2009
With 2 temporary members
Liquor Control Committee gets the job done

The LCC meeting lasted half an hour longer than it should have -- because of thickheaded inattention by a couple of petitioners, not because two newly elected commissioners were serving one-night-stands as committee members. Pat Capello and David Poulton were quick studies and participated effectively as the committee, chaired by Commissioner Terry Drinkwine, approved one bistro license; postponed another request for a bistro license after granting the petitioners additional time to develop an appropriate plan of operation; advised the petitioner requesting to import a Class C liquor license to do a little homework and return to next month's LCC meeting; approved a license for the manufacture and wholesale distribution of beer.

The bistro license was granted to What Crepe, 317 Washington. Resident Brendan Wehrung spoke in favor of the request, which will require the restaurant to take over the space of an adjacent retail business, but urged the LCC not be too casual about putting retailers out of business to grant even deserving restaurants a bistro license.

The beer brewing/wholesaling operation, Millking-It Production, will be located on Delemere, in an Industrial Zone.

The petitioner seeking a Class C license for the former location of Rumor's, LZS, Inc., spoke with enough of an accent to confuse the dialogue, mostly between him and Chairman Drinkwine. Both the petitioner and his attorney repeatedly ignored the LCC's request that they put into writing the changes in their plan of operation and concentrated instead on the beauty and cost of  the new building. Especially about hours of operation, the conversation left everyone confused about what had been agreed to.

The second request for a bistro license was from the owners of the historical building on Main Street, just north of Lincoln. Owners propose to establish a restaurant on the floor above the wine-manufacturing operation in the building. No matter how many times that they were told that they need to have a restaurant or at least an operating plan for a restaurant, before, not after they ask for a bistro license  I stopped counting at 7), the owners insisted on talking off-focus.

On the LCC agenda, that discussion was listed as about the "Cloverleaf proposed plan," and confusion was increased because the procedural needs of Planning Department and the LCC are not the same.

October 2009
Liquor Control Commission approves first Bistro License
Cafe Muse will be awarded Royal Oak's first Bistro License, if the city commission approves.

This 3-hour meeting might have lasted till midnight, to exaggerate just a bit. But due to some appropriate gavel-banging and forceful verbal control by the chairman, Commissioner Terry Drinkwine, we got out of there by 8:30 or so. The chair's control was made necessary by out-of-order shouts from a few in the audience and by speakers ignoring rules of procedure. Five persons spoke during Public Comment. Ten spoke during the Bar Louie Public Hearing. Two spoke during the Cafe Muse Public Hearing.

During Public Comment, civic activist Sandy Wilkins read a press release prepared by fellow-activist Peggy Goodwin which summarizes objections to uncontrolled development, especially alcohol-related development, and stresses their concern that both the letter and the spirit of Royal Oak's Master Plan are being ignored by city officials.

CITCOM must approve the following recommendations, positive or negative, made by the LCC:

A request for a Bistro License, by Cloverleaf Acquisitions, L.L.C., at 711 Main Street (Fine Wines), was withdrawn so the owners can work with the Zoning Board of Appeals before returning to the LCC.

September 2009
Royal Oak Officials are tortured

In terms of the human dimension, that is a reasonable headline for this report out of the September meeting of the Liquor Control Committee.

For about three hours, the officials -- three city commissioners, the city manager, city attorney, planning director, representatives from Police and Fire -- had to listen to about forty-five 5-minute speeches, most of them opposing two requests for liquor licenses. The protesters' message could have been put on one 7-minute tape, plus a show-of-hands, because they all had the same complaints. My 5 pages of notes show the litany: parking, noise, loitering drunks or kids, traffic.

LCC Chairman, City Commissioner Terry Drinkwine managed the meeting well, using mild humor to defuse tension two or three times. And the audience, mostly there to oppose, were generally respectful as they spoke and reacted with applause or an occasional boo. There were two repetitive and boring litanies during the Public Hearings, one re Bar Louie Restaurant and the other re the proposed Emagine theater/bowling alley development. Some observations:

The LCC (Drinkwine, Semchena, and Commissioner Gary Lelito) chose to continue the Bar Louie Public Hearing at its October meeting. They voted to recommend that Emagine Entertainment be granted a license transferred from outside Royal Oak, knowing that CITCOM will explore the perceived problems which must be addressed by other city agencies.

During Public Comment which preceded the Public Hearings for Bar Louis and Emagine, there were complaints about noise from Woody's. Frankly, those complaints were more objectively presented  than the litanies briefly described above. One uncomfortable claim, not rebutted, is that the Police Department has in the past said it had measured decibel levels at the restaurant and found them within code, while it now says it owns no decibel meter to measure sound levels. (The department probably borrowed a sound-meter. The alternative is unthinkable.)

The residents suggested  keeping the windows closed and using non-amplified music as reasonable accommodations. Interestingly, residents who had previously said, of themselves, that people must expect sounds and smells when they choose to live in downtown condos or inner ring neighborhoods -- these same people joined in the Woody's complaints. "I smell swine dining from three blocks away," said one.

I had to leave and I asked civic activist Brendan Wehrung to let me know how the Woody' agenda item ended up. Brendan offered his impressions of the Woody's spokesman's reaction to all that, because he was there to pursue an amendment to his plan of operation -- which was approved.

"In the end", Brendan writes, "[City Attorney] Mr. Gillam was requested to develop an enforceable noise ordinance, so the issue is not over. Woody's will close its windows/doors to avoid being checked out after each complaint."

Public Comment, Public Hearings.
Expect to see some of these same residents at Monday's CITCOM meeting.
Are we carrying democracy too far? At least, reduce speaking time to 3 minutes.

Again, the human dimension.
At 9:30, several of the Barton Tower  residents, two or three of them using walkers, were milling around outside and wondering aloud, "Where's our bus?"

13 May 09
Commissioner Terry Drinkwine chaired a longer-than-usual meeting of the city's Liquor Control Committee (actually, subcommittee) which covered a lot of ground: amended plans of operation; transfer, or not, of liquor licenses; and permits for outdoor service. In addition to Public Comment, there were four Public Hearings, so several attendees spoke more than once. Drinkwine and Commissioner Gary Lelito were joined by Commissioner Chuck Semchena, who sat in for out-of-town Commissioner Stephen Miller.

Decisions were reached about such matters as a portable bar for an outside cafe (Oxford Inn); expansion of rooftop service over the roof space of other business in the building (Memphis Smoke); outdoor service (Peking House); liquor license transfer ("Q" Detroit Barbecue); and dance permit and liquor license transfer (BlackFinn). Actually, making a decision about the last item was postponed because of a potential legal side-issue, described briefly below. Then, there was more exploration about developing an ordinance to permit Bistro licenses in Royal Oak.

Though politely conducted, the dialogue re BlackFinn's request to open a 2-story aclochol-serving restaurant (with a 245-person dance floor on the upper level) was the most intense. From the commissioners and the attendees came differing positions:

BlackFinn contends that the building, the south end of which has been vacant for years, "was erected with the city's original acceptance of the concept in mind." To keep the building, "viable," the concept, "including transfer of an outside license, must be honored." Laymen see another lawsuit against the city.

Lelito was for denying BlackFinn's request outright. Semchena, former city attorney, made it clear that he would vote to deny the request but cited the need to determine the validity the owner's memory re the city's original commitment. With that in mind, LCC decided to postpone the decision and to direct City Attorney Dave Gillam to review the records.

There was dialogue about Bistro licenses, and Lelito asked line-by-line questions about Semchena's discussion draft, which Chuck had placed on the shelf with the agenda and minutes of the night's meeting. As only one example of conflicting downtown interests, bistros could justify moving a restaurant into smaller spaces (1,500-2,000 sq ft). Opposed are those who fear such use of smaller spaces would reduce the likelihood of attracting more retail, because landlords will hold out for the higher rents that come with food service.

Bistro or not, it became clear that ordinances and regulations must distinguish between "occupancy" and "seating." The former includes employees, according to Gillam. The latter distinguishes between customers and staff.

Essentially what remains is for CITCOM itself to examine the several approaches to the concept and decide whether to work out the details of a proposed ordinance or to drop the idea.

11 Feb 09
About Bistro Licenses -
Liquor Control Committee holds first Public Hearing

With no ranting or raving, a dozen speakers addressed the Liquor Control Committee about a proposed amendment to the city's Liquor Control Ordinance which would allow "Bistro Licenses" in Royal Oak. Most of the speakers were downtown business owners or managers, and LCC chairman, Commissioner Terry Drinkwine expressed surprise that there was only one resident speaking, even though notice of the public hearing had been sent to neighborhood associations, the PTA, and substance abuse organizations.

To provide context for the Public Comment, City Attorney Dave Gillam repeated the history of the discussion re Bistro Licenses. Essentially the license is intended to permit restaurants with low seating capacity to serve alcohol, probably beer and wine. State law permits such licenses to be used in cities which have used up their quota of Class C Liquor License and in "redevelopment districts." (Royal Oak is already  two or three above quota.) The thought is to permit limited alcohol sales in establishments which will not be permitted to become "mega bars."

The majority of public comment reflected fear of more competition, especially in the current recession economy. One or two speakers countered that more local competition is good, because it will reduce the impact of completion from nearby cities, all of which are seeking to take business away from Royal Oak. A couple of the speakers pointed out that existing restaurant-bars are practically empty two or three nights a week. "Some of us are in a survival mode." And, why do we want to bring in more eateries, when some are shutting down?

The matter of where bistros would be located came up, with some quiet grumbling that most of Royal Oak's liquor licenses are massed in a few downtown blocks. "Don't we have a master plan? Can't some of these new places be located elsewhere in the city.?" Whether bistros downtown would attract more retail-friendly customers was touched upon, with the thought being expressed that it is unrealistic to hope that conventional retail will grow again in downtown Royal Oak.

Drinkwine closed the Public Hearing by reminding everyone that there will likely be more hearings, both at LCC and at CITCOM, as the proposed ordinance amendments are tweaked. All decisions by the committee are forwarded to the commission for approval.

22 May 08
LCC was in the mood to approve
With Commissioner Lelito taking the Chair in the absence of Commissioner Drinkwine and with Commissioner Semchena serving as Alternate for Commissioner Miller, the Liquor Control Committee met for a fast 45 minutes. The City Manager, City Attorney, Police Chief, and Fire Chief also attend or are represented at LCC meetings. LCC decisions are forwarded to CITCOM for final approval. Among the matters discussed or voted on:

11 Feb 08
Once again, two 2-1 votes -- quietly

Two 2-1 votes-to-deny characterized this LCC meeting, with Commissioners Drinkwine and Miller voting in the majority and Lelito voting no. (Drinkwine was elected chairman as the meeting began.)

The first denied was of a petition to transfer a Farmington Hills license from Farmington Hills to the unoccupied 362-390 N Main location. The developer requested the license to make the property more marketable. The denial was based on the absence of either a business owner or a plan of operation, Someone commented that it is not the role of LCC to encourage "license trafficking."

The second denial was to the request for outdoor service at the the Habana Cafe at 419 S Main. The request had been denied in 2004.There was disagreement over whether the nearby church ever objected. This time, the business owner had a letter from the church declaring it had no objection. Because of the nearby church school, the petitioner agreed not to open the outdoor service until after 4 p.m.

Together, Drinkwine and Miller said: the 4 p.m. start is academic, because there will frequently be after-school activities and children will be in the area. They pointed out that the deal made in 2004 was that the owner gave up the request for outside service in return for being permitted to run multiple Class C operations in the same building. The spokeswoman for the business owner maintained that years have passed and that the original agreement was not intended to prevent a later request forever. Fire Chief Wil White wanted the record to show that his department's review of the site showed that emergency service vehicles would be impeded if the outdoor service is installed.

Lelito maintained that "six tables for two, 12 people" cannot be a serious hazard or inconvenience when the neighborhood church doesn't object.

During LCC deliberations, one hears about the differences or not between Class C licenses and Tavern Licenses, about how and whether a CITCOM must be bound by the decisions of a previous CITCOM, about the need or not for regularly scheduled LCC meetings. Miller praised Hoover for arranging more timely delivery of LCC packets, so the commissioners get time "to digest the material we will be dealing with."

12 Jul 07
Quiet questions, quiet disagreements, two 2-1 votes
Three city commissioners casting two 2-1 votes with one of the three voting yes both times. Reasoned, if intense,  discussion about liquor licenses, involving multiple city departments. And the seriousness broken up by occasional humor, as when Commissioner Mike Andrzejak shouted to me "Fasten your seat belt," because he was agreeing with a pro-license initiative proposed by Commissioner Gary Lelito and disagreeing with the suggestion for a moratorium by Commissioner Stephen Miller. (I have several times dubbed Andrzejak as "Puritan" or "Taliban" for his frequent opposition to granting liquor licenses.)

 
Especially in the dialogue concerning the request by Holiday Market to transfer in a non-Royal Oak license to accommodate the expanded cooking school the highly respected owners are planning, it became obvious that the commissioners were objectively focusing on tangible and specific issues. Reluctant to establish precedent by granting special consideration to Holiday, for example, the LCC agonized and analyzed for half an hour before agreeing to forward to CITCOM a very conditional recommendation to grant the license transfer. The conditions have to do with unfinished obligations concerning streetscaping, signage, and the like brought forward by Police, Planning, Building Official, and Engineering. There was discussion, too, about whether Holiday intends to mount weddings or bachelor parties, to which the answer was a definite "No, our mission is food, and our cooking school serves that mission." The training will include matching wines with foods, for example, and the proper ways to serve wines as well as food.
 
LCC's will forward a favorable recommendation to CITCOM re Small Plates request for a license transfer of ownership.
 
Initiated by Miller, there was discussion about getting information packets to the LCC commissioners earlier, because it too often happens that the commissioners are not given enough time to study the information and prepare for the Public Hearings. Separately, Miller pointed out that a losing LCC No-vote assures the opportunity for some of the debate to continue when the issue reaches the city commission's agenda.
 
Police Lt. O'Donohue reported "No LCC violations" in the month or so since the last LCC meeting.