HUMP DAY HUMOR

ABC BOARD MAKES MORE BONEHEAD RULINGS

The ABC Board at their October meeting upheld the ABC Administrative Director's decision that two NW Arkansas outlets had gambling devices and issued fine and suspension of permits.

Our course these two outlets are operated by minority individuals, a frequent target of ABC fines and suspensions and denial of permit applications.

Both outlets were represent by attorney Stephen Morley.

As Morley and his witnesses explained, there is no gambling activity or gaming devices in either store.  What these stores are doing is similar to what McDonald's does with their Monopoly Game. 

Or what automobile dealerships use.

These are gimmicks designed to drawn customers in.

A Springdale police officer testified that he purchased a phone card and received "extra entries" into the sweepstakes.  He had received a receipt but did not offer it as evidence, claiming it was in the evidence room back at Springdale PD.

Morley had an exemplar of a receipt and it became clear why the Springdale Police Officer did not bring that receipt.

Morley showed that the receipt clearly had "Free Sweepstakes" on it and it showed that the officer had purchased a phone card and with that purchase he received some additional plays in the free sweepstakes as a product promotion.

ABC Board chairman Dan Greenberg had a great deal of difficulty understanding that a physical phone card was not issued, just a receipts and pass-code used to make phone calls. 

Testimony was subsequently offered that the phone card companies as a general practice no longer issue an actual card. 

The officer then testified that the Springdale Police Department turned the matter over to the Washington County Prosecuting Attorney who declined to file any charges against the outlets.  

That should have been a big red flag for the ABC.

But you have to remember that ABC Enforcement is headed up by an admitted liar - Boyce Hamlet - who was fired by the Arkansas State Police for cheating on an exam and then lying multiple times to ASP Special Investigators. Hamlet then filed false job applications with other law enforcement agencies that hid his hiring and firing by the ASP to obtain jobs in law enforcement that he would not have been able to obtain had he told the truth.

Testimony was introduced that this sweepstakes had been approved by the ABC under former director Michael Langley and it had operated in NWA for several years.  ABC Enforcement agents had been in the outlets many times over the years and never issued any citations for the sweepstakes. 

Langley had popped in the hearing room, but upon hearing his name mentioned quickly rushed out.

The company that operates the sweepstakes testified and presented evidence that clearly explained how the sweepstakes worked and how it generates business and return customers for stores. A couple of the brighter board members appeared to understand. For the others it was like trying to explain rocket science to an imbecile.

It was clear from the nature of the hearing that ABC Board chairman Greenberg wanted to uphold the ABC Director's decision and force the outlet owner to file an appeal of the decision in Circuit Court.

ABC BOARD CHAIRMAN DAN GREENBERG

As it has happened in the past and as it no doubt will with these cases, Attorney Morley will win the appeals and the outlets will not owe a dime in fines or have to suffer a probation period and get payment for all legal fees and costs.

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A humorous moment happened in the first hearing when newly ABC attorney
Michael Nelon Harry thought the exemplar receipt had the word, "bet" on it.  Turns out the word was actually "get."

Another humorous moment involving the ABC attorney was when he entered the room.  He is either color blind or has an extremely poor fashion sense.

 
His shirt (purple checked) and tie (green plaid) were terribly mismatched.

 

 

 

HUMP DAY HUMOR

HUMP DAY HUMOR

ABC CONTROL BOARD IN A PICKLE OVER DENIAL OF PERMIT TO SEARCY RESTAURANT - DECISION REEKS OF DISCRIMINATION

 

EL ALMACEN - A VICTIM OF DISCRIMINATION BY THE ABC BOARD

We previously posted about the blatant discrimination the ABC Board displayed in their denial of a permit to El Almacen in Searcy. You can read those posts by clicking here and here.

The restaurant has filed an appeal in Pulaski County Circuit Court and is represented by crackerjack attorney Stephen Morley, who rarely loses any case before the ABC Board or in an administrative appeal.

 

ATTORNEY STEPHEN MOREL

Their Petition for Judicial Review can be viewed by clicking here.  Their Motion for Remand can be viewed by clicking here.

The ABC is represented by their new attorney, Michael Nelon Harry.

The ABC's response can be viewed by clicking here.

Apparently Harry left the law firm of Rieves, Rubens & Mayton for a steady, predictable income from a public agency like that of his older wife, Jessica Runkle Harry, a Victim Assistance Coordinator in the Pulaski County Prosecuting Attorney's Office.

JENNIFER RUNKLE HARRY AND HER YOUNGER HUBBY MICHAEL NELON HARRY AT OAKLAWN

El Almacen was denied a license during an appeal hearing before the ABC board on August 16. 2017 based on the placement of the required notice on the establishment to inform the public of its intent to pursue private club status, which would allow alcohol by the glass to be served with a meal to members of the club.

The ruling stated, "Based upon all the testimony and evidence discussed and findings of fact above; the board concludes that the application of Alisha Jones for a private club permit for El Almacen should be denied because the requirements of Section 1.26: Notice To Be Posted At Premises were not followed, and that the same should be denied."

On the same day, the board approved an application for another Searcy restaurant, the Rock House, which is currently serving wine and beer by the glass.

The Rock House's ABC hearing revealed that its notice was placed in a similar location as El Almacen's inside the entrance; however, on record was an ABC employee who admitted to directing the restaurant exactly where to put the notice.

After the decision, board Chairman Daniel Greenberg said he would consider revisiting El Almacen's application at the next board meeting if the recording of the hearing confirmed that a similar statement had been made by Jones on being told where to place the notice.

On September 20, 2017 after Colton's Steakhouse was granted a permit by the ABC board, it voted to not revisit El Almacen's application -- even though Greenberg was in favor of giving the restaurant a second hearing.

In El Almacen's plea to the court, it contends that it believes the ABC board did not realize when making its decision not to readdress the matter that an affidavit from an ABC employee exists that confirms restaurant employees were directed by the employee on where to place the notice.

According to the affidavit, sworn by ABC enforcement agent  Shelby Clark, Clark went to the restaurant at 1805 E. Race Ave. on May 8, 2017 to confirm the posting of the required notice and directed where to place it, because the front door was not an option for various reasons.

 

ABC ENFORCEMENT AGENT SHELBY CLARK

 

"We discussed the best place for the notice. There is no awning, porch or other cover over the front door, and we were concerned that the cardboard notice would be damaged if it were placed at that location; and that the cardboard notice might not last 30 days," the affidavit stated. "There was also a concern about whether or not the notice could be placed on the door in such a manner so as not to damage the door."

The notice ended up being placed on a window to the left of the front door, which was within about 10 feet of the front door, Clark said in the affidavit.

Agent Clark took these two photographs of the applicants and her notice.

JONES AND HER NOTICE AT EL ALMACEN - PHOTO TAKEN BY AGENT CLARK

El Almacen was the only one of the three Searcy restaurants denied by the board after applying for licenses this year before a new law went into effect.

The law passed by the General Assembly in April sends private club applicants to the city or county government in which a restaurant wishes to obtain a license before getting passed along to the ABC. A city council or a quorum court will review the request, and if it is approved then the application would be directed to the ABC.

The ABC Board has screwed the pooch on this one and no doubt Attorney Morely will easily win another victory over the ABC and their rookie attorney Michael Nelson Harry.