ORONO – Although a local nightclub owner’s appeal of the town’s decision to deny his liquor license was heard Friday by the state, a decision likely won’t be rendered for at least three weeks.
“We’ll try to get it out as quickly as possible,” Lt. Patrick Flemming of the Maine Department of Public Safety said Friday.
Flemming oversaw the appeal hearing concerning local college hotspot Ushuaia and has the final say on the appeal. Town officials and club owner Alex Gray each presented testimony regarding the license. Three people also spoke during a public comment period.
Jeffrey Austin, supervisor of liquor licensing for the state, also heard Friday’s testimony. Assistant Attorney General Michelle Robert, who attended the session, is advising the state on the issue to ensure that the decision is fair and within the limits of the law.
If the liquor license is denied by the state, Gray can make an appeal to the district court.
Gray’s business remains open during the appeals process and whether it continues to operate depends on what further procedures the club owner pursues. The town and the state each have a separate appeals process.
Since last month’s meeting, during which the town denied his special amusement and liquor permits, Gray has implemented stricter security measures at the club, located on Main Street, and he said during the hearing that he is following a more stringent, zero-tolerance policy for improper conduct than in the past.
He said he also is preparing a written management plan that he intends to present next week to the town. The plan also will be required reading for all employees, he said.
But the town officials were not convinced that his efforts will result in a sufficient change.
“It’s not the numbers we’re talking about here, it’s the severity of the incidents,” Orono Deputy Police Chief Gary Duquette testified. He noted that he agreed that Gray has taken a number of steps to address the town’s concerns, but the police official said he wasn’t sure it is helping.
Ushuaia 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.
“I don’t think that this procedure can be based on what he promises to do in the future,” Tom Russell, the town’s attorney, said Friday during his closing argument.
In addition to police incident reports from 2005 that detailed the assaults, medical calls for overly intoxicated individuals, and one of the stabbings, Russell introduced into the record several incidents that have occurred thus far in 2006.
“I think there are still too many incidents of a serious nature that still occur there,” Duquette said.
Several members of Gray’s staff, as well as two UM professors and college students attended Friday’s hearing to show support.
“It’s a very good place for students to go,” Jesse Ouellette of UM’s Student Government said. “It’s safe.”
He presented a proclamation from Student Government supporting Ushuaia.
“I’ve never quite witnessed so much hostility toward the university community,” UM sociology professor Marwin Spiller said.
Russell disagreed and defended the town’s decision.
“I don’t think this is fair to characterize the Town Council’s action as against students,” he said. “All we want to do is have a safe facility for the patrons and residents of Orono.”
As for Gray’s special amusement permit, the Town Board of Appeals upheld at a hearing earlier this week the council’s decision to deny the license.
Gray said he isn’t sure yet what he is going to do regarding that permit. He can appeal the decision to Superior Court, and he explained Friday that after 30 days, he can reapply through the town.
“I don’t know what we’re going to do,” he said.
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