ORONO – The Town Board of Appeals upheld the council’s decision to deny a local nightclub owner’s special amusement permit Tuesday by a 4-1 vote.

Board member Mary Cathcart voted in favor of granting the license.

The Town Council, in concert with police, has deemed the Ushuaia nightclub detrimental to the health and welfare of its patrons and last month denied the club its special amusement and liquor licenses.

The business remains in operation while appeals of the council’s decisions are heard.

Club owner Alex Gray is not sure if he will appeal the Board of Appeals decision to the Superior Court.

“I grew up in this area. I could have chosen to open my business up anywhere,” Gray said while testifying before the board. “Generally, I think the [college] kids need a place to go.”

The club has had problems over the years, including assaults, stabbings, alleged rapes and underage drinking and drug use in the parking lot. While the number of incidents has escalated recently, the Town Council denied the club’s applications for permits because of the nature of the incidents and not the increase in calls to the police.

“I think they need to be more aggressive in getting people out of there that exhibit this type of behavior,” Orono Deputy Police Chief Gary Duquette said Tuesday. “Get them out of there and keep them out of there.”

During Tuesday’s testimony, the town and Gray presented their cases.

For the town, the major issues have been underage drinking and drug use in the parking lot and the nature of the incidents occurring at the club.

“The last year or so, I think there’s been an increase in the severity of the incidents,” Duquette said.

Ushuaia employees were the complainants in 42 of the 47 incidents police responded to at the club in 2005.

Gray said he has stepped up security in the parking lot and hired Tim Smith, a security professional from Taylor Made Security Inc., to help improve safety at the club.

The appeals board expressed concern about the mix of ages at the club on some nights. Although patrons under 21 aren’t allowed into the bar areas, people 18-21 years of age are allowed in the club, distinguished from those of legal drinking age by a different bracelet and hand-stamp.

“It seems to me a recipe for disaster,” board member Shane Martin said.

About 30 people, mainly University of Maine students and Ushuaia employees, attended the meeting to support the club’s effort to get its license back.

“We feel that the student body needs a facility that offers this type of atmosphere,” Jesse Ouellette of the university’s Student Government said. “There’s a lot of students that really enjoy going there.”

UMaine Student Government distributed a proclamation supporting Ushuaia to the board at Tuesday’s meeting.

Gray also has appealed the denial of his liquor license, which must be decided by the state. The Maine Department of Public Safety will hold a hearing at 11 a.m. Friday at the municipal building council chamber regarding the liquor license. However, a decision on that appeal isn’t expected for a few weeks.