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Liquor License Challenged

HURLEY - Robin Phillips, owner of the Idle Hours, questioned members of the Police, Fire & License Committee on the legal standing of a liquor license issued to Shawn Schuler. According to Phillips Schuler’s business has been inoperative since Memorial Day and believes that the law provides for revocation. Phillips would like to purchase a license and cannot do so until one comes back into the pool. There is in effect two sections of the law that appear in conflict. The first states that the license can be revoked if the business is inactive for 90 consecutive days; another section of the ordinance states that the license can be revoked if the business is inactive for 180 consecutive days. The issue was raised by Phillips since Schuler had requested an extension on his Liquor License. The issue was on the committee’s Tuesday evening agenda. Phillips told the Committeemen that it was unfair that other businessmen stay open all summer long, through the lean months and that Schuler opts to use his license only through the busy winter season. A great deal of conversation ensued regarding Phillips complaint. The Committee members stated that what may appear as a discrepancy between the 90 and 180 day wording was not a discrepancy, but rather allowed the city to begin action after 90 days. Later in the evening after the City Council convened the issue was again discussed when the License Committee gave its report. At that time City Attorney, Dennis Cossi was in attendance and confirmed that the Council’s interpretation was correct. The Council then voted to extend Schuler’s License providing that he commence business no later than December 1st and with no requirement that he keep his establishment consecutively open for business. Later in the meeting the Council would be confronted once again by another Businesswomen, Donna Fable, owner of Freddy’s Old Time Saloon. Donna, came to speak against waving the lease payments for Eagle Bluff Golf Course. The issue has been before the Council for some time. Eagle Bluff Directors have asked the City to wave next year’s lease payment. The savings to the Club would be used to reduce it debt burden. The membership and income of the Golf Course is half as much as it was a few years ago. Members of the City Council have been meeting with representatives of the club attempting to work out a solution. City Attorney, Dennis Cossi gave some insight as to how the lease originally came about. The payments were to repay the original $100,000 debt incurred when building the Golf Course. The debt was paid off quite some time ago, however, the lease payments continued. It was agreed that a Special Meeting or a Workshop would be held to focus on solving the situation, a date for the meeting has not been yet been set.