First of Ushuaia appeals to be heard tonight

ORONO – The appeals of a local nightclub owner who is upset that the Town Council denied his special amusement and liquor licenses are scheduled to be heard this week.

Alex Gray, owner of Ushuaia, said he’s confident that his establishment will remain open and that the council’s ruling will be overturned. If he’s not satisfied with the outcome of this week’s appeals processes, it isn’t necessarily over because Gray can take another step and petition the courts.

Despite the town’s concerns, business continues to be “phenomenal,” Gray said Monday.

Ushuaia, a popular gathering place for area college students, has had its problems over the years, including assaults, underage drinking and drug use in the parking lot, alleged rapes and stabbings. But the incidents have escalated recently to a point that the Town Council finds unacceptable for a local business.

Earlier this month, the council denied the club’s liquor and special amusement permits, based not on the increase in calls to which police responded at the club in the past year, but on the severity of the incidents and concern for the safety of patrons.

Gray has appealed the liquor license denial to the state and the special amusement permit denial to the town board of appeals. Those appeals both are scheduled to be heard this week by the town board of appeals and the State Department of Public Safety.

“We’re relatively confident,” Gray said Monday of the attempts to overturn the council’s decision.

There was another incident last month in the Ushuaia parking lot, one of the places the council and police have cited as a particular problem, but Gray said it’s something over which he really has no control.

Two people were issued summonses after a police officer noticed the smell of marijuana coming from a vehicle in the parking lot.

Jibryne Karter, 21, of Fairfield and Amanda Bragg, 20, of East Vassalboro were inside the vehicle, and officers determined that they recently had been smoking, according to police reports.

Police also found alcohol in the vehicle.

Karter was charged with possession of a usable amount of marijuana, possession of drug paraphernalia and furnishing alcohol to a minor. Bragg was charged with possession of alcohol by a minor.

“There’s basically nothing I can do about that,” Gray said, noting that he can ask people to leave but that he doesn’t have the same authority as police.

The board of appeals will meet at 7 tonight at the municipal building council chamber to decide on the appeal regarding Gray’s special amusement permit.

If the town board upholds the council’s decision to deny the permit, Gray can appeal the decision to Superior Court.

The Maine Department of Public Safety will hold a hearing at 11 a.m. Friday at the municipal building council chamber, but a decision about the liquor license isn’t expected to be made for a few weeks.

“We can only overturn that decision if we find clear and convincing evidence that the denial was without justifiable cause,” said Lt. Patrick Flemming of the Maine Department of Public Safety.

Flemming will oversee Friday’s hearing and has the final say on the appeal.

The town and Gray both will provide testimony, and the public will be given a chance to comment. Flemming then will review all testimony and evidence and present it to the Attorney General’s Office to ensure his decision is in compliance with the law.

Flemming has held four of these hearings in the 18 months he has held this position.

“It’s not a real common occurrence, but it does happen,” Flemming said.

If the liquor license is denied at the state level, Gray can appeal to the District Court.