BANGOR – The city’s board of appeals denied a request Monday from a downtown nightclub because the club did not file its appeal within the requisite 30 days.

Scott David Huntley, owner of Fuzion on Franklin Street, had applied for renewal of a special amusement permit earlier this year. The City Council, in a 4-3 decision, granted that permit but with a condition that music not run any later than 1 a.m.

Huntley, however, wanted to keep his club open until 2:30 a.m. or later, and felt he couldn’t do so without entertainment. So, he filed an appeal of the City Council’s decision.

“The board heard the appeal, but it got into some technical procedural issues,” City Manager Edward Barrett said of Monday’s meeting. “They had 30 days to issue a written appeal and sent it in on the 31st day. So, basically, the board ruled that the appeal was not filed in a timely fashion.”

Huntley could not be reached for comment on Tuesday.

Before the club’s application for the permit, some residents, particularly those who live in nearby Franklin Place Condominiums, felt the city should not grant a renewal.

Franklin Place residents have dealt with similar concerns recently stemming from another nightspot, Club Gemini, although that club’s owners worked with the city to mitigate some of the noise it generated. Fuzion staff members also have worked to educate patrons about keeping noise levels down, particularly late into the evening.

Barrett has said that councilors believed renewing Fuzion’s special amusement permit with a restriction represented a good compromise between the club and its neighbors

Huntley previously has said that the idea for keeping his club open later than 1 a.m. was to allow club-goers an opportunity to dance off some of the alcohol they had consumed. State law does not allow liquor to be served after 1 a.m.

According to Barrett, the club now has 45 days to appeal the local board’s decision in Penobscot County Superior Court. He didn’t know whether Huntley would file that appeal.

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