HUMP DAY HUMOR

THE ABC CONTROL BOARD DISCRIMINATING AGAINST APPLICANTS - PART 1

HOW THE ABC BOARD MAKES DECISIONS IS LIKE ROLLING DICE IN A CRAP GAME

Recent decisions by the ABC Control Board in approving/denying private club permits in Searcy clearly shows how wishy-washy and inconsistent they are.

You can read about the mess in Searcy by clicking here and here. 

A glaring example of their arbitrary and capricious decisions is the matter of the beer and wine permit applications made by the Ozark Arts Council in Harrison.

The Ozarks Arts Council uses the historic Lyric Theater to promote the arts in Harrison and North Arkansas through exhibitions, performances, and education.

They had obtained temporary permits to sell and serve alcoholic beverages for special events, but wanted to obtain beer and wine permits to promete  public convenience and advantage. It would also increase the possibility that groups would provide economic stimulation to the area by using the facilities for events by having beer and wine available. 

The applicant for the Ozarks Arts Council was a local minister, and he certainly possessed the "good moral character" ABC rules and Regulations require of applicants.

 

Bud Roberts, the ABC Administration Director at that time denied the applications.

  Dan Sherrell, the Mayor of Harrison,  voiced no objections.

  

 As did a former Mayor Jeff Crockett.

The Executive Director of the Harrison Convention and Visitors Bureau, Matt Bell also voice his support.

Several others sent in personal hand written letter or emails in support.

Opponents used that same letter, apparently printed out and signed by individuals, most did not list an address.  Sketchy and not very impressive. A petition would have served better in this instance.

 

 

The denial of the permits was appealed to the ABC Board.

This is what the applicant wrote about his experience before the board.

"When I appeared before the ABC Board earlier this year to appeal the Director’s refusal of an annual permit to the Ozark Arts Council—a refusal based on 40-some photocopies of a letter written by a local pastor who says that Boone County isn’t really wet, but someone tampered with the voting machines—the Director suggested that we install surveillance cameras in our theater as an effective means of preventing a parent from handing his kid a beer during a concert or play. When the Board asked how we would GUARANTEE this could never happen, I was tripped up and answered honestly, “I suppose in exactly the same way that any restaurant with booths and subdued lighting does, which is by removing and reporting those who are caught in the act…but I know for a fact that such is *not* what happens in restaurants,” when, apparently, they wanted me to lie. They advised me to consult the Little Rock theaters that serve beer on how they prevent such things. Immediately after they voted to uphold the director’s denial (which meant that the ABC got to keep half of our $850 fee…meaning that we paid more to be denied because we are a not-for-profit than the for-profit businesses within a few doors of our theater pay for actually having annual permits), I *did* go to such a theater (I want to say “Riverside 8” or something like that), and they told me, of course, that no such surveillance cameras were in use. I honestly think Agent Coon was in shock that we were denied, because we have been the example of diligent compliance. Mr. Lueken was clearly irritated both during and after the appeal hearing and made the effort to point out that those speaking against us were largely relying on photocopies of the same letter (the fact that my name was on all the paperwork, etc., but misspelled in the letters was one obvious problem) while what we presented was all original compositions by the letter writers—some of whom I had to say got particular points wrong. Mr. Lueken specifically stated after the meeting that if he were allowed a vote, it would have been in favor of us; in fact, I have found him to be about the most refreshing thing in this whole experience because of his absolute and consistent candor, and I’m saddened by his retirement before our next application. It was sort of funny, though, him going off on the “nutty Christians” who opposed us, while I was standing there in my clerical collar, a Lutheran pastor of 28 years…but that’s the thing: he would say what he meant, no matter who, it might offend, etc., very different from most of the people I’ve dealt with in any level of government bureaucracy".

 

LUEKEN RETIRED AND NOW SPENDS HIS TIME ON THE GOLF COURSE

This is not the first time the ABC Board has tried to get a theater to have cameras in a dark room to monitor that underage individuals do not get a hold of alcoholic beverages. D0 they really think that these theaters are going to have someone sitting in a chair watching what is going on. Ridiculous.

And the nutty folks from Harrison want to have us believe that that is a peaceful friendly town. It is if you are in the KKK or some Alt Right religious group.

Anyone that has driven through there going to Branson or Lake of the Ozarks has seen those terrible signs and is keenly aware that that towns infamous history.  

There was no valid reason to turn down this groups permit applications. After all they obtained special permits all the time and never had and problems.

The ABC board needs to get their act together and be consistent in their reasoning and decisions.

Our next post about them will show you how they treated a black applicant and how they were against him just because of the name he chose to call his proposed establishment.

LEGISLATORS FORCE ABC TO MAKE RULE CHANGES

ABC ADMINISTRATIVE DIRECTOR MARY ROBIN CASTEEL AND TAINITED ABC ENFORCEMENT DIRECTOR BOYCE HAMLET AT AN UNPLEASANT APPEARANCE BEFORE LEGISLATORS EARILER THIS MONTH ARE FORCED TO MAKE RULE CHANGES

 

Legislators  decided today to require the more than 4,000 licensed establishments in the state to self report. 

This is a direct response to the  mass shooting in July at the Power Lounge in Little Rock. 

A previous post detailed how tainted ABC Enforcement Director Boyce Hamlet failed to act upon recommendations of two of his enforcement agents recommending that Power Lounge be shut down. You can read that post by clicking here.

 

Alcoholic Beverage Control is working on new violations and fees after the director found the system remains mostly unchanged from the time of prohibition. 

Maybe while Casteel is making rule changes she will address how the ABC and law enforcement agencies are illegally using underage individuals in enforcement operations. Read one of our previous posts about that by clicking here.

Police chiefs and sheriffs are also on board with the idea.

"It's an opportunity for the people that are being compliant to stay compliant and the bad actors to be caught," says Mike Godfrey, Executive Director of the Arkansas Sheriffs Association.

  

MIKE GODFREY - ARKANSAS SHERIFFS ASSOCIATION

Before any new rules take effect, there will be a 30-day public comment period and further approval from the State Legislature.

HUMP DAY HUMOR

COMING FRIDAY - EXAMPLES OF THE ABC CONTROL BOARD DISCRIMINATING AGAINST APPLICANTS

ABC Board Exposed. Don't miss this Friday's post!

HUMP DAY HUMOR

ARKANSAS LEGISLATORS NOT IMPRESSED BY ABC DIRECTORS

TAINTED ABC ENFORCEMENT DIRECTOR BOYCE HAMLET PUTS HIS HANDS UP IN DESPAIR WHEN HE COULD NOT ANSWERS QUESTIONS POSED TO HIM

Last week, the Alcohol Beverage Control Directors met with several state agencies and representatives to get started on a new action plan for problem clubs and bars. They hope a new plan will improve the current system and take action faster.

“We knew there were some issues at that club," said ABC Director Boyce Hamlet. "It's not that we did not know because I had conversations with the Little Rock's Vice Unit and they had some concern with it and we met with them on it but it never rose to the level of where we could pull a permit.”

Hamlet should have listened to his agents and read their reports about the Power Lounge. They contained enough evidence to have the club's permit permanently revoked. 

ABC Administration Director Mary Robin Casteel said that her agency does have problems, but it may not be in communication, but rather with "the tools at our disposal."

ABC ADMINISTRATION DIRECTOR MARY ROBIN CASTEEL - NO SMILES THAT DAY

Casteel said that the maximum fine ABC can impose is $1,000, and $3,000 over an entire year, which she called "completely ineffective" for profitable clubs.

"A $1,000 [fine] is not dissuading them from doing anything," she said.

Casteel said that giving her agency "more teeth" could be a better solution than increasing communication.

But, there is still what Mike Feehan, senior staff attorney for the Bureau of Legislative Research, called a "gap in the law" in terms of whether the police are required to talk with state regulators.

MIKE FEEHAN

"As it stands right now there are no laws that require law enforcement agencies to send reports about misconduct of ABC permits to either of the ABC agencies," he said. "[Law enforcement] have to decide from their understanding."

One ption suggested to possibly help was to turn in all police reports from bars and clubs to the ABC but the director of the Arkansas Sheriffs Association, Mike Godfrey, said that could bring in an overwhelming amount of information. This is due to law enforcement agencies not having a lot of respect for a liar like Hamlet.

MIKE GODFREY - ARKANSAS SHERIFFS ASSOCIATION

 

“It could be a husband and wife fighting in the parking lot because she danced with an old boyfriend, now true they were drinking in the establishment, and true it spilled out into the parking lot, but there's 550 to 570 law enforcement agencies and if every one of them turns in 2 reports a month, you're going to get an extra thousand reports a month. I don't want to have to crunch that data but it could be a tremendous amount of data,” said Godfrey.

“If there was more information that was provided to the ABC board and allowed them to be more involved in the process then maybe it'd give them the ability to step in and intervene even before they have to shut a club down or may redirect a club in the right direction,” said State Representative Bob Ballinger.

REP. BOB BALLINGER

At the end of the meeting, Sen. Gary Stubblefield (R-Branch) asked Hamlet directly if he felt his state beverage regulator could have done anything to prevent the shooting.

"I’ve asked myself that question numerous times," Hamlet said. "I don’t have an answer. I don’t have an easy answer for you."

Williams seemed unhappy with this response.

“We know there are some solutions out there," he told Hamlet and legislators, asking that when the committee meets again in two weeks to "please bring solutions to the table."