Good morning, everyone.

I'd like to call this meeting of the Chattanooga Beer Board to order.

Um remind all meeting attendees must sign in as a designated sign in sheet to meet the rules for the sunshine law.

Electronic devices must be turned off or muted so as not to disrupt the meeting.

So I'll do that right now because I turned mine on on the way down.

When you step to the podium, please state your name before making your comments.

And if you would speak up.

So if you're coming before the board and gonna address the board today, you'll need to stand up and be sworn in.

I do.

All right.

Thank you very much.

This time I'm gonna go a little bit out of order.

Uh I'd like to rec recognize Bill Pemberton, please.

Bill, if you would uh Bill is uh the hearing officer for today.

Hello, how are you?

Um good morning.

I was uh contacted by um Albert Henry Walfern Ruth Rangers on late Monday afternoon regarding the Delport LLC uh violation.

He told me that he had been recently retained as of late last week, uh, and requested uh yet another extension time to respond.

Um I spoke with Ms.

McDonald about the request and hope that this one has been passed a couple of times already.

Um but under circumstances Mr.

Henry and he would like to file answer would like to be present.

Um that if the D need to get a response filed the next day, and then we would accommodate that request and he did do so.

Okay, that's the chairman for Tyson is next.

All right, very good.

Thank you very much.

Appreciate your letting us know what's going on with that one, sir.

Okay, next item on our agenda is beer applications approved by regulatory.

Uh Sergeant Cowan.

All right, good morning, everyone.

Uh the applications approved by regulatory um temporary event 112 Food Truck Festivals of America LLC, uh Chattanooga Food Truck and Craft Beverage Festival.

Mr.

Anthony Pepe at 150 River Street was approved.

And beer 1390, which is a change of ownership at the Conga Restaurant LLC doing business as Conga Latin food.

Uh Jibby Jimmy Obando is the owner was approved.

Under the new temporary beer permit applications, um, we have several that we would like to put on hold per the request of uh zoning and the um actual applicant, and those are TE 119, 120, and 121.

Uh believe we're just finalizing some paperwork on those.

Okay.

1920 and 21, right?

119.

Yes, sir.

119, 120, and 121.

Got it.

Okay.

Those are all friends of the festival uh riverfront night events.

All right.

All right.

Okay.

Um other approvals that have taken place since all that.

I think that's it, isn't it?

That is it.

All right, thank you.

All right, now we have under next item on our agenda is beer applications passed from the last meeting.

Uh Y W and Y Sports Bar.

Is there a representative here for them?

Please step to the podium, sir.

Good morning.

Good morning.

Uh what is the status of this?

Have they passed all zoning and uh other things?

There was a is uh Mr.

Wiley.

I talked to Mr.

Wild the other day.

He said he talked to uh both the law about it and say he passed it.

Okay.

There was a yes, there was an issue that Catherine McDonald legal wanted to share with us on the last meeting regarding uh uh beer 1387, and so we do want she wanted to bring to us before we move on this.

Are you aware of that legal?

I I I am, and I think Miss McDonald might have thought this case was on next the next um meetings agenda, so she and I did not discuss it, but there were some issues that she wanted that were in the background chief that she wanted brought before the board.

That is correct.

With that being said, uh chair, I would like to make a motion if I can to pass this until we hear from legal to hear uh the points that she wanted to bring to this board.

All right, okay.

Okay, there's been a motion to pass this to the next meeting.

Is there a second?

All right.

Uh discussion to the motion.

So we're not sure if that this has been cleared up or not.

Correct.

Okay.

All right.

All right.

So do you understand that there the city is not ready yet to uh clear this issue up, so we're gonna have to pass it to our next meeting.

Oh, okay.

All right, we appreciate you being here this week.

Really do further discussion, yes, ma'am.

Yes, legal you're not know what the issue is.

Uh Miss McDonnell has been dealing with it because by this being all I guess a regular or permanent beer permit, she handles these.

I only handle the temporary event ones, so no, I'm not familiar with them with the issues.

Okay, all right.

Any further questions?

I do remind everybody be you be sure and use your system.

On my screen it says it's disabled.

Oh, it says it's disabled.

All right.

Okay, cue enabled.

How's that?

There it is.

Is that gonna work?

Okay, okay.

Technology's great when it works, thank you.

All right.

Any further questions from anybody?

If not, I'll call the roll.

Um we're gonna end the motion is to delay this to our next or move this to our next meeting.

Uh I'm sorry, I've raised my hand that it did not recognize.

All right, go ahead, Betsy.

I was simply gonna state that per the meeting uh minutes from last time.

It does state that we were supposed to hear this on April 2nd.

Oh, okay.

We had made that motion in the last meeting, so I do believe that's on April 2nd, so thank you.

Okay, I wasn't here, so appreciate that.

All right, very good.

All right, any further discussion there?

Yeah, I remember that.

All right.

Uh Christy.

I just want to put I'm sorry, Chip.

I just wanted to replay you are right, but then Zach came in and stated that they were going to work together.

And if that was going to clear, then he would be here for this meeting.

Is that correct?

No, sir.

That is correct.

No.

I asked it to be passed to that specific date.

Yeah.

Because there was a zoning issue that was unclear.

That is correct.

And if we were under the impression he would have to go before the board of zoning appeals the day before on Wednesday the first.

So to bring it back further out because he had already had to wait multiple times.

Yeah.

But was agreed to pass to bring it back and pass it to the second.

There was no longer the onus to go to the board of zoning appeals because of a legal non-conforming issue that we found that we were able to go ahead and approve it and move forward.

We were able to then go ahead and get it on to this this next hearing.

I am aware of the issue that legal wanted the board to hear, but I believe it was simply for the board to hear it.

Yeah.

Okay.

Thank you, sir.

That's one point of clarity.

Okay.

So in the system, it's not authorized yet.

Is that correct?

No.

Okay.

All right, very good.

So it will be April the second.

Okay.

All right.

Give that one.

That motion is on the floor.

No, we we made a motion to move it.

No, we need to vote on it.

Yeah.

All right.

Let's go ahead and vote on that.

Um Christy, we're voting to pass this to the uh April 2nd meeting.

I think since we already have a motion to be able to lay us meeting.

Oh, you did it at the last meeting.

Okay.

All right.

So there's no need to so it will someone move to table the motion.

Or the recent boot.

To rescind it, the motion.

To rescind it, yeah.

Yeah, if somebody would vote to rescind that motion or make a motion to rescind it.

Yep, we did.

Okay.

I make a motion to re uh send my motion.

All right.

All right.

Thank you.

Uh second.

All right, second.

Thank you.

All right, we'll call the roll.

The motion is now to rescind the motion.

Uh Christy.

Brooke.

Yes.

Veronica.

Yes.

Gene.

Yes.

JW.

Yes.

Reginald.

Yes.

Betsy.

Zach.

Yes.

And the chair votes yes.

So April 2nd.

Yeah, he left.

All right, good.

Okay.

All right.

All right, Bertha.

We've got new beer application now.

Yes.

Uh it's going to be LBAM 3H L L C doing business as captioned by Hyatt of Chattanooga.

Mr.

Larry Bloomberg for beer 1393 at 105 West Main Street.

And all per all requirements for that permit were met and approved by regulatory.

Is there a representative here?

Yes, sir.

If you'll please step to the microphone.

Good morning, ladies and gentlemen.

My name is Peter Rodriguez, and I will be the general manager at Caption by Hyatt.

All right.

Very good.

And this is a new construction hotel.

This is a new construction, and it's wonderful news for the city of Chattanooga.

It is the first Hyatt branded hotel in Chattanooga, and it's the first full service hotel on Main Street.

So definitely helping South Side continue to grow and blossom.

Thank you, sir.

Is there a motion to approve this application?

It's already been reviewed.

Oh, it's been approved by regulatory.

All right, very good.

So no other questions.

You're ready to go.

Thank you, sir.

All right.

Thank you, ladies and gentlemen.

Thank you then.

What happens when I get out?

And recommendations of hearing officer Racher Hot Hodges heard on February 19th, 202.

And make a notation.

That's at uh North Shore 103 Cherokee Boulevard, Unit 105.

And then Maxaville, Mexican Restaurant, 809, Market Street.

And Chi Chi's Charred Chicken LLC at one at 811 Market Street, also.

So these fines have not been paid.

Anything in particular.

No, I think this was more just an informational process for the board.

Just to let everybody fines have have not been paid, and we're we're on the seventh day past it.

All right, very good.

Okay.

No.

No.

We just gave past it like that.

Yeah.

Yeah, go ahead.

Oh, I'm sorry.

So uh with that being said, Chair and to this board, and to legal first.

I have several questions first to legal, and then I'll come to you, Sarge.

Legal, what does it say when this board has issue such as this and it's not compliant?

What's next?

What does the law says?

Okay, okay.

While you're looking at that second question, Sarge, uh, is have we I know with staff, and now as this is being alerted, have we had anyone to go by to see if any of these places is still operating and selling beer because we know they have told us before they still did it.

Uh and now this is just total uh in compliance.

Well I I do know that we've had several officers that have been by there.

Uh none have come and brought issues to me directly, so I'm taking that as they didn't find any issues while they were there.

I personally have not been there to double check.

Um, but at this point in the game, I'm taking that as no news as good news, is that they're not finding beer being sold at those locations.

Yeah.

Yeah.

Yeah, we're we're that's good.

We're fine.

We're waiting her to do a little research.

Yeah.

While we're waiting.

I don't know.

Uh the distributor, what's his name?

Eddie.

Eddie.

Mr.

Eddie, can I ask you a question, sir?

If you don't mind.

Okay, he needs to be sworn in.

He need to be sworn in.

I'm sorry, I didn't square them.

Do you solemnly swear or a firm or the testimony here about sure if I have any glad that we still have to go off?

I do.

Yeah.

Mr.

Daddy, my question to you being a distributor, have any of these location on your route?

Are they getting that you know of funny you should ask that question?

I was just looking that information up.

I know Mexival has not ordered beer in over a month.

Okay.

According to our records.

According to your record.

Okay.

All right.

Yeah, the only thing that I seen was Cabana's ordered some non-alcoholic beer.

Um, so that was this is when the issue originally came up about them selling beer, but they did order some non-alcoholic beer.

That's still a gray area.

I don't know the laws on that yet.

Right, right.

And I'm still trying to figure that out.

You do have to be 21 to purchase this alcohol, this beverage.

Why it's just water.

I mean, Mickelov Ultra Zero is zero alcohol.

There's not even a tenth of a percent in it.

So uh I don't know.

I just I don't know the c answer to that question.

Right, right.

Well, thank you.

I'm looking, I'm not seeing I don't know what to do.

Okay, and maybe we'll come back to it.

Yeah, yeah, let's come back.

Let's come back to that.

Just an action.

Because they've already told us, and my point is they already told us or showed us that they're gonna still they were still selling and still doing.

And now they're just maybe not going to pay, and then keep on operating.

And if this board is issuing out fines, I think just as others have paid, they have to pay, or there's got to be some type of penalty for it.

Or we have no power.

If that makes sense.

No application on file to nothing.

They have applications in it.

Okay.

Should they be?

Let's say that they are.

No, they should not be.

I'm I'm pretending.

Let's say that they are theoretically.

Uh that a citation to hear wouldn't be appropriate at that time.

Because there is no beer permit.

It would be to city court.

Right.

Right.

Right.

So and just for the just for the uh edification of the board members, uh, if this trip proves to be the case, there's nothing to stop us from revoking their ability to sell beer and then the city through city courts through the police, they would have to answer to the courts and not us.

Yeah.

With that being said, George, would this board even know even if they were cited for selling beer?

Yeah and at night you sleep you you're not at the parties Lord you sleep in your rescue that's correct that's correct but there are there are arrangements that can be made okay so thank you to make sure those processes are getting covered yeah very good okay Zach go ahead Zach However if they haven't paid the fine that will come back before the board yes excellent yep yep and you know one of the biggest places where that's going to come into play at is if at any time he chooses to attempt to do the right thing then you guys have the power to put the pressure on that before you approve another permit for any business at that point correct based on the history that you've already seen through behavior.

Right well okay any other questions all right now uh if so that uh finishes up the agenda is there anyone wishing to make a public comment to the board now is the time to do so and uh since we're not having the uh dollar general hearing today uh then we will ask for a motion to adjourn I make a motion to adjourn all right motion and second all in favor of adjourn of adjourning signify by saying aye aye and opposed all right and gene welcome again we're glad to have you with us all right thank you all very much for being here