Call this meeting to order of the uh Chattanooga beer board.

Uh welcome to everyone.

All meeting attendees must sign in at the uh sign-in sheet for sunshine law requirements.

If you would at this time silence any electronic devices and turn off or mute them so we don't disrupt the meeting, and any individuals that are gonna be addressing the board today will need to come to the podium and state your name and uh before making comments and please speak up.

First item on our agenda is approval of the minutes for December eighteenth, twenty twenty five.

Is there approval?

So move.

There's a second.

Second.

All in favor say aye.

Aye.

Opposed.

All right.

Okay.

Are there any minutes from there?

No, they're not.

I'm sorry.

That's right, you were absent, so there aren't.

So I think that exists.

But let's reset.

Make a note that there's there's no uh the no minutes.

Sorry about that.

We moved.

Okay.

Okay, first item on our agenda is beer applications passed from the last meeting.

Uh and Nathan Bedford L L C doing business as uptown reload.

Glass Street Consumer District.

Oh, I'm sorry, swearing in on the witnesses.

I'm sorry.

I don't know if you agree, though, but I'll just go ahead and thank you.

That's a coming up.

I do.

Got it.

Thank you, Lori.

Okay, now Nathan Bedford LLC doing businesses uptown reload beer permit one three six five.

And it's change of name ownership.

Is there anybody here for this?

Sergeant Cowan, anything on the anything you got to report on this one?

I do not.

That's a no.

Uh I mean it's it's approved.

It's approved.

Okay.

All right, so that's been approved.

Uh no, sir, not at this time.

No, the uptown uh the name change of name and ownership is still uptown, reload and Nathan is still what was the change?

Just one.

Okay.

Yeah, just one.

Name didn't change, just ownership.

So just two names.

Okay, gotcha.

And now I'm down to one.

Okay.

Temporary beer permit applications.

Are there any temporary beer permit applications?

Don't see any.

Okay.

New beer applications.

Uh it shows none.

Do we have any?

All right.

Right.

All right.

Discussion.

Any board members have any discussion?

Unfortunately, I do have discussion.

Yeah, that's okay.

It's a good thing.

It's a good thing, but that's okay.

Wait, well, I guess we have time.

So this is in regards to a community as a whole having an avenue really in regards to the Islamic Center, the issue we've got gone with, and they don't have an avenue to enforce a nuisance.

The state does this is TCA section 29-3-201.

It gives you jurisdiction.

Repeat that number again.

Dash 3-201.

Okay, thanks.

It gives jurisdiction to the Chancery Circuit or Crip and Criminal Courts and any court designated as an environmental court, which is irrelevant.

Essentially, upon the relation of 10 or more citizens and freeholders of the county wherein such nuisances may exist in the manner hereupon provided.

10 or more citizens can bring an action to enforce a public nuisance.

Really?

And I'm not sure if I'm well, I guess a discussion could be warranted, and it's an onerous process, I'm sure, but to have an analogous ordinance in the city, or at least for us to inform when a community that does does show up that they have this avenue to abate the nuisance.

And this is a state law.

This is a state law.

In a way, but then of course it can get appealed to Chancery anyway.

Right.

Right.

Or they can go directly to Chancery Court.

They can go directly to Chancery Court or Circuit Court.

They would have to hire an attorney.

Yes.

You can't, you can't go represent yourself in Chancellor.

Yeah, but it's it's not advisable.

No.

Um so is there a conflict between the state law and our local?

No, I don't I don't think so.

Um, it's an avenue that was always available to them if they had you know, like taught council.

Um it's not something that we would have to follow on behalf of them.

That's something that they could do.

They do themselves.

Because it says 10 citizens, 10 citizens, so that would preclude us from as a board doing it.

Right.

So when the the powers of the board itself, we're supposed to review beer applications, um, revoke, suspend things of that nature, as far as offering, and I I think that that might be tantamount to offering legal advice to them.

Right.

Um, so that's that's really not our place to that makes sense.

So as a beer board member reaching out as an individual citizen, would that conflict with my role here?

Not as a private citizen, I don't know.

I was thinking, yeah, yeah, so we're on that.

Yeah, I got it.

Okay.

Thank you, thank you very much, Zach.

It's interesting.

Yeah, you can't.

I know I I can't get almost almost.

I thought I'd better it's just wonderful.

Okay.

Can I ask a question?

Another yes on another question.

Uh, yeah, probably to our city attorney, maybe I'm not aware of this.

What law or what section is the brown bag?

Uh and are we holding people accountable?

There's a lot of brown bagging going on.

I don't know if there's a license should be given, or is it just okay?

A lot of people are doing that without getting clearance.

How are we moving on that and what's what's the right way?

So there is a brown bag um ordinance section in section five in chapter five of the city code, they are required to have a brown back permit.

We um created an application process for this within the last year, year and a half.

So if there are um persons that are doing the brown bagging but do not have a license, they are in violation.

Okay.

All right.

Question on the same subject.

Can you brown back?

Can you allow people to brown back if you already have a liquor license?

No.

You have to have a specific brown back permit.

I want to be clear on that.

Okay.

Which is a local city of Chattanooga license.

So what I heard you say, and thank you, Veronica, for chiming in.

Even if you have a liquor license from TABC, that does not give you a right to brown back.

Right.

Okay.

You have to have a brown bag license.

Can I direct the search count?

Sure.

So it's cowan.

Do you see a lot of that or do you get a lot of calls about that or what?

To my knowledge, my office has not received a sort of call about brown bagging.

Not in terms of the complaint.

Not, yeah, of course.

Not yeah, okay.

I got you.

All right.

Do you all don't just go to juke joints clubs looking small small mopile shops and just do like you do regular people who have regular businesses that have license?

Do you just stop in and check out the small venues that may be doing it or may not do you where there's a lot of people noise alcohol?

Do you go?

Do you stop by?

If that makes sense.

If we're if we're aware of what's happening or we're aware of an event or aware of anything at that point, yes, we treat everybody the same.

We can drop in and do spot inspections.

I like this one.

Just to see and make sure that everybody's complying with the city codes and the laws.

Okay.

But you have to be made aware of it.

If they under the radar.

I don't have to be made aware.

I just have to know about it.

I have to know that it's existing to know to go check it.

Okay.

Thank you, sir.

Thank you, ma'am.

Uh any other discussion.

Public comments.

If you wish to address the board at this time, I don't know if you're you had got sworn in if you're interested in addressing the board.

Yeah.

If you'll come up to the microphone.

He's with cabanas.

Oh, he is, okay.

Oh, you're with cabanas.

Okay.

All right.

I'm sorry.

You can hold up for a second.

No, you're good.

I came, I can't.

I'm sorry.

Could you tell me your name again?

I'm sorry.

Yes.

I'll do SQL.

E S Q I V L.

All right.

E S-Q-U-V-E-L.

Yes, ma'am.

I'm gonna ask you just to wait one moment and then and do this because I did not realize you were with uh uh cabanas.

Yeah um you you are so you're next.

So and no other public comments.

Uh anyone else having any public comments.

Okay.

So um here it's number two on the back of the got it, okay.

Got it.

So we're gonna skip the colour.

So uh we'll journal first.

That was Dollar Journal again.

It's gonna be him first as you gotta go.

Yeah, do that.

Thank you.

Yeah, that's right.

It's passed to the next meeting.

Yeah, do we need to do that?

No, it's just a date, the 15th.

So I'm always passed to December 15th, okay.

Yeah, well, I'll make a note here that uh the previous violations heard on December 15th, 2025 for Dollar General has been passed to the next meeting.

Um we now have uh the okay see that excuse me just a second getting my paperwork squared away.

All right, uh so we the administrative hearing was held.

Excuse me, yes, don't we need to adjourn the beer board meeting before we go into that?

No, no, it's all part of it.

Oh, by the agenda.

No, it was it's it's yeah, that's just out of order.

It's it's out of order.

Yeah, thank you though.

Yeah, I know.

Uh so we had violation at commands on Rossell Avenue of operating without a beer permit, and it was uh at our last uh uh meeting uh which was two weeks ago, the uh administrative law uh judge heard the case and ruled a $500 uh penalty being imposed on uh commands.

Now we don't have a copy of that ruling in our package, but you have an email that was sent out this morning very early of the findings, and the hearing officer finds it on November 8th, Cabanas Nightclub and Event Center doing the DBA Cabana's violated Chattanooga beer code section 5.49 by operating without a valid beer permit, it's prior beer permit having expired in December 31st, 2024.

Therefore, it's recommended based on the totality of the circumstances that the beer board impose a $500 civil penalty.

So today we're here to either affirm or not affirm that uh ruling.

Uh so uh since we have a representative here, if you would, do you have anything you'd like to talk to the board about on this?

No, um I don't know who I was here let the two weeks ago when we were here, we were all waiting right here, kind of told everybody's story.

I mean, I can say it again, guys.

I just don't want y'all to think that I was selling beer the whole time without a permit, because technically in March we closed up to install our sprinkler system.

So we were closed five months by the time we got reopened, and it it was um it was too late to do any type of renewal or anything.

Apparently, if you don't do it within a month, it just closes it out now.

Um I was not aware of that, but here moving forward.

I know now you know, get everything taken care of within a month or before it, you know, as soon as Ms.

Bertha sends or you guys send the permits, just go ahead and do it.

Because that 250 cost me a lot.

Right, gotcha.

I understand.

All right, any other questions for board members or comments?

Yes.

I'd like to know then why you didn't just go ahead with the new beer permit process right away.

So once you found out that you couldn't renew and you knew you had to go through this, why did you not do it right away?

I actually went to um I went to go see, I believe it was her, and I tried to get everything before um before I actually did that.

So instead of actually go ahead and renewing, I thought it was just gonna be like, hey, pay some type of fine, and then you know, just continue using the same one, not reapply all over again.

I don't know that that answered my question.

I figured that I wasn't able to do it because everybody thought we were closed.

So I wanted to make sure that they knew we were not closed, like you know, essentially all the way through.

I thought it was a mistake on on it was it was my fault.

So yeah, I should have I should have done it.

Okay.

Very good.

All right, discussion among uh board members.

I'm I'm just trying to follow.

Thank you for coming.

You closed March 2025?

No, it was it was the first week in March.

So the beginning of March, uh the fire marshals came in and 2025 or 2024.

20 where 2025, yes, correct.

25, and then you reopen in August, yeah, 2025.

Okay.

That's what he said, yes, ma'am.

And you said yes, yes, ma'am.

Okay.

And when you reopen in August 2025, you had events going on all the way up until I guess Sergeant Cowan or someone came in and gave you a fine.

Correct.

And you were selling beer and alcohol and all that stuff.

Yeah, apparently the beer and the liquor separate.

So once they came in there and gave me the fine, it was okay to just sell you know liquor, but we haven't been able to sell beer.

Ronka.

Okay, thank you.

All right.

So you operated four months knowingly with no beer permit.

Correct.

So the license expired December of 24.

Yeah, you closed in March of 25.

So you operated between December and March, and then again in August.

November 8th.

You signed it November 8th.

Yeah.

Oh yes, so three months before.

No, just curious.

Did you know that you didn't know the license expired previously?

Or you didn't already no after the closure, I didn't that was the last thing.

Well, before the closure.

No, no, no.

So you were not aware that you have to renew it at the end of the year.

No, no, I wouldn't see.

I was aware, but I'm saying like that was the last thing I was thinking about is renewing my beer permit.

Like I said, it's a 250 dollar permit renewal.

But the renewal would have taken place in December of 2024.

Correct.

Well, January 1st.

And you didn't think about it then, but you didn't know that your sprinklers that you were gonna have to close until March of 2025.

So I think now we're trying to figure out that three month gap as to why you didn't renew as just part of your normal business.

Well, moving forward on the on the renewal part.

Um I was told to just do it on a PC, because normally I've been doing it just on my phone and never had any issue.

Catherine.

When would I receive a letter for renewal?

I believe Treasury mails it out or sends it out like a month before the end of the year when it's due.

I believe yes, that's correct.

Can I ask another question?

Yes.

So go ahead.

Zach has it handout.

Yeah, so let me use it.

Timeline right.

When in August did you close down?

No, we closed it in the next one.

No, that's when you okay.

I mean to reopen in August.

Uh it was about the end of August.

And so, okay.

So it would just be January, February, and then September, October, November, which is five months.

Because he got signed in November.

Correct, November 18th.

And he quit selling beer.

So the public hearing officers' facts are correct that it was five months out of the year.

Okay.

Thank you.

JT.

Yeah, thank you.

Question.

In January.

February.

And you closed sometime in March.

I don't know if the beginning on May.

It was it was the first week in March.

Okay, March we didn't open.

Did you have any events going in January and February also?

Just regular DJ.

Regular DJ.

So still going on like normal.

Yes.

Okay.

Veronica.

Do you have a permit now?

No, no, no.

That's what that's why I'm here.

We're just serving liquor at the moment.

That's all we've been doing since November 18th.

Okay.

Okay.

So I just won't clear it.

And I my wording may come off wrong.

I don't hear it.

Okay, please excuse me.

So knowingly, you knew you needed a beer license.

You just didn't renew it because of the renewal fee.

No, no, no.

It was it wasn't the fee.

It wasn't the fee.

It was what I said.

Normally I do it on my phone, and it just you can do it really quick.

You know, it's not a big deal, but for some reason this time it would not let me renew.

You know, and that was like across the board.

So that's when I like I said, I went to her, I went to several different people here in town, and she just told me, hey, just moving forward, just do it on a PC.

Okay.

Any further questions?

All right.

Is there a motion to sustain the ruling of the administrative uh hearing officer?

I make a motion not to affirm the hearing officer's motion.

Can I do it no way?

Yes, you can.

I think they need a big remote.

I think they need them.

Yes.

Yes.

Okay.

All right.

I want to do it by step, and then I know it's like, hey, if you're not gonna affirm it, then what's going to be in the same way not affirm, and then we'll go back on the board to discuss whatever.

That makes sense.

Okay.

Okay.

All right.

So there's a motion to not the motion.

Uh and a second by Veronica.

Go ahead.

Okay.

That's fine, but just let restate the motion before you second.

So the the motion is to not to affirm the hearing officer's decision of a $500 fine.

And Veronica, you have now seconded that.

Okay.

All right.

Discussion to the motion.

If you would hit the buttons, so I can the more we use that, the more I'll learn how to do it.

Yes.

So is there any discussion now to this motion?

Zach.

Yeah, just to state.

I'm gonna vote no on the motion and vote to sustain.

Just to state that.

Okay.

All right.

Any other discussion?

All right.

If there's no discussion, I'm gonna call the roll.

All right.

Christy.

So we're voting no to the hearing officer's $500 fine.

To not affirm the the hearing officer's recommendation, so to reject the entire thing entirely.

I think since we're doing this in steps, JW, is it your intention to introduce another motion to impose another sanction to still sustain it, but to impose another sanction?

That is correct.

Whatever that may be.

Okay.

With a discussion.

Just want to make that clear before everybody votes.

No, that is clear.

That is my intention.

Okay.

Okay.

All right.

So any further discussion.

Christy, I got you, so we're good.

Okay.

All right, I'll call a roll.

Uh Christy.

Yeah.

Is that a yes?

All right.

Uh Brooke is not here.

Uh Veronica.

Yes.

JW?

Yes.

Reginald is not here.

Betsy?

Yes.

Zach?

No.

And the chair votes no.

All right.

So we've got one, two, three, four.

All right.

We only have four yes votes, so that is not enough to pass the we have to have five.

Am I correct?

Yes.

We have to have five.

The motion fails.

So the motion fails.

So is there another motion?

Yeah.

Oh, yeah.

Oh, yeah.

Yes.

Yes.

Okay, I get you.

No, no, not the majority.

Said it has to be five.

Gotcha.

Minimum of five.

Okay.

Minimum of five.

Okay.

Okay.

So that means it fails, and that means the hearing officers sustains.

Well, no, it there's no motion on the floor now.

No, right.

So a new motion.

Entertain another motion.

Yeah.

I know it's a sense download, but let's have another what other motion is there besides we I think we need to make it all inclusive.

Instead of your step by step, let's do an all-inclusive motion.

Okay.

I'll tag you and you go ahead and word it because my mind is typical.

Go ahead.

I think that's a good question.

I would like to put a motion on the table that we impose the maximum fine of a thousand dollars instead of the recommended $500.

Okay.

So there is a motion to impose the maximum fine of $1,000 on the on the uh floor.

Is there a second to that motion?

A second.

All right, second by Christy.

Now discussion to the motion.

Zach.

Is this the first violation for cabanas?

Sabanas?

Yes.

And my rationale behind my position is it was essentially half a year they operated without a license.

And since being violated, they have complied with the violation and not sold beer.

So if the maximum is a thousand, and they operated approximately somewhere around five months.

I'm gonna round up.

Then the five hundred dollars.

But I don't know if that matters at this point, but that that's my rationale behind it.

So I'll be voting no on the motion.

All right.

All right, Betsy.

And I think my rationale, I know my rationale, and I think others here is that prior to knowing that the shutdown needed to occur.

That wasn't done.

The renewal didn't take place.

And knowingly the renewal didn't take place.

So regardless of the amount of time, there was a knowingness and a lack of responsibility of a business owner.

Okay.

I would uh interject.

I was thinking the same ziding that's it.

Send on very transparent.

I apologize.

If Sergeant Cow would have not shown up, we'd probably still that'd probably still be going.

True.

Gus Sergeant Cow would made them aware of it, if that makes sense.

Okay.

Anyone else on discussion?

All right, Zach.

I guess for my own gratification.

We recommended that Sergeant Collin go to Cabana's.

Correct.

And it was in response to community feedback?

Correct.

Okay.

Okay.

Further discussion.

All right, I'll call Bertha.

Oh.

I don't know if I can have the question.

Um I think at the last meeting you said you were co-owner.

But on the application gave reality is 100%.

I don't know.

I don't show you as 50 50 or it's 80 20, but I can get it.

I can get it taken care of.

I can get you whatever paper you need.

Okay, thank you.

Okay.

Okay.

All right.

Further discussion.

Yes.

JW.

Just with what Bertha says.

I think we need to discuss that.

Because we're on the oath.

And I wasn't at the last, I was here, but then I left.

I wasn't at the last, and he was sworn in.

I mean was you at the last meeting?

Yes, sir.

It's a Azus?

Yes.

Okay.

Sworn in.

Just in my mind, I'm walking through y'all please.

Excuse me.

Sworn in that he was 5050 at the last meeting.

Whatever it was.

But he said he was owner.

Co-owner.

And the record for the beer board, City of Chattanooga, it states from the paperwork says he's not correct.

Correct.

So that's just another whole thing I need we need to just deal with.

I'm trying to process it without talking out loud, but I have to talk out loud because it's a shot law.

So I'm talking to myself in a minute.

So if anybody wants to jump in, let me just question it.

Question for legal.

Yes, we're should we even be discussing the case with him if he's not the owner?

He's misrepresented by saying he's the owner, and legally, according to our documents, he's not.

We went through this with Uptown.

That's why they had to change their ownership because of the names.

And now we have someone who's saying he's part owner, but the documents with the city says Gabrielle is the owner.

Let me interject my thoughts here.

I'm not gonna, since I'm chairman, I have to be kind of the neutral party, but uh we've got two issues.

No matter who's the owner, who isn't there's that issue, and that's what's before us today.

Okay, is that now if we want to follow up with this ownership issue, that would be a set another potential violation.

That goes back to my question to legal, and that is he's conducting business here as the owner.

Well, and we don't have him as the owner in the city documents, yeah.

So he is a representative of the business, and the business owner can choose to have a representative here, right?

However, if you know the board wants the actual owner here to answer for a things, you can request that the owner be here, if that's what y'all want to do.

We have birth defense.

All right, we have a motion on the floor, it's been seconded.

Is there any further discussion?

All right, I'm gonna call the roll.

Zach?

No.

Betsy, yes.

Uh JW.

Yes.

Veronica.

Yes.

Christy.

Yes.

And the chair votes yes.

One, two, three, four, five.

Yeah.

That's it.

We can't cancel that's it.

So the fine is raised to a thousand dollars.

Okay, and you need to get the ownership situation squared away immediately.

Okay.

Just to be just to be clear, because the fine has been raised, that means that the actual um violation has been sustained.

That needs to be clear on the record.

Okay, okay.

So the the so let the record show that the violation was sustained, but the fine was adjusted to 1,000 dollars.

And so you okay, so I'll prepare the order and send it to you uh via email.

Okay, okay.

Because there's so many days to have that done.

That's I I know the last time city attorney, they somebody left and they just we didn't really talk about the timeline.

And I think that even as a business owner, I think they should leave here with a my a mindset knowing waiting on your paperwork, but I got until XYZ many days to get this budget.

Yeah, it's seven days.

Okay.

It's seven days to pay the mine.

Okay.

All right.

Very good.

Thank you, sorry.

Okay.

Um is there any other business to come before the board?

I think I want to just for discussion.

I think uh see the attorney made it clear.

Even though he said he put on it, it really made no difference to us because he's a representative no matter what.

And that's between him and his business partners.

It doesn't necessarily make sense or or make any difference.

It just really depends on what the board prefers.

Um we allow people and their representatives to uh appear before the board per the rules.

And if there's a question that only the owner can answer, then that's when we can call the owner in.

But you know, as we have uh like I cannot hear what the discussion is.

Can y'all say that again?

All right.

If there is a Catherine, you were saying if there is a question that only the owner can answer, and I did not hear what you said out there.

Oh, then you can call the owner in.

Then we can call the owner in.

Yes.

And uh as an example, we know we have when we have violations on uh the big nationally owned chain restaurants.

Normally it's either the manager that's here or the area supervisor.

They're not the owner.

Uh the the corporation is the owner, but they're representatives for them.

So uh that would do it.

Veronica.

But my concern was he didn't come in and say he was a representative.

He clearly said he was a co-owner.

He said it more than once.

Right.

So that was my concern.

Right.

He was still misrepresented.

Yeah.

Okay.

All right, thank you.

All right.

Any other further discussion?

Not on that.

I think that's settled.

All right.

Where did we end with the shady corner?

I know Zach was bringing that up.

He brought that up earlier, and it probably would have been good time to insert that.

Where did we end with that?

Did we request the owner or was we it was it dead?

Did it die or what happened?

I think we requested something about cameras being place to try it out.

Um outside of Play's corner.

I also think that Mr.

Amy also brought up that you're one incident that there were cameras placed out there after that incident.

Um I would like to know if we will play out there what what was found on those cameras that was that put it set up placed out there.

So I think that's what we will on that.

Sergeant Cowan, uh, can you follow up on that a little bit?

Or because we've done it.

I think Yeah, we're going beyond our I think we need to remember the purview of the board.

This is not an investigative board.

Right.

We hear what comes before us um in regards to permit applications, revoking, suspending beer permits.

Right.

Um on some occasions you can make recommendations to city council.

This is stuff that I'll go over in our in our training.

Okay.

Um so I think everybody needs to just kind of remember what the lane is here.

Right, got it.

Okay.

All right.

Thank you very much, Catherine.

All right, any further discussion?

If not, is there a motion to adjourn the meeting?

And we are adjo we are adjourned.

Oh, okay.

Anything you want to say?

I I don't have any other updates other than the fact that I did I did check on the camera situation.

Uh I am not able to request cameras.

Uh that's that's not how they operate those type cameras.

Right.

They're they're crime and community driven, depending on where the crime goes.

Um they base all that on numbers and stats.

Uh with all that being said, that doesn't keep certain communities and or neighborhood associations from contacting the department and requesting that.

But as far as me asking them to do that, right.

They won't do that.

All right, very good.

Okay.

All right.

Is there a motion to adjourn?

So moved.

All in favor signify by saying aye.

All right.

And then we're gonna go to the uh our training session here in the well, we're gonna stay in here.

Oh, we're gonna stay in here.

Wonderful.

All right.