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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
