El Matador #4 Gets 10-Day Penalty From Beer Board

  • Thursday, September 3, 2015
  • Gail Perry

The Tennessee Alcoholic Beverage Commission (TABC) notified the Chattanooga Beer Board of the sale of alcohol to a minor that took place at El Matador #4, 9201 Lee Highway on July 16. The sale was discovered during a follow up spot check the TABC made at the business after a first violation that occurred last year.

 

When a second violation is found, by state law, the TABC must notify the local beer board.

The beer board is then required to match, at least, the same penalty imposed by the state commission. The owner of the business, Rafael Arellano, did not dispute the sale. LaDonna Kollina, a consultant employed by the bar, said that since the infraction, signs saying No ID, No Sale,” have been placed as well as more training for the employees. The employee that served the drink has been laid off without pay.

 

“Your consulting apparently isn’t working,” said board member Christopher Keene before requesting the owner to speak for himself. Mr. Keene told Mr. Arellano that word gets out that certain bars will serve minors and so they patronize those places. Board member Andre Harriman said, “Thank goodness you got caught,” and that it might have prevented someone from being killed by a drunk driver.

 

By a unanimous vote, the bar’s beer license was suspended for 10 days Sept.10 through Sept. 20. The consultant spoke up and asked for consideration that the penalty be reduced because the TABC suspension has already taken place and the two suspensions were not able to be served simultaneously. “I’d count your blessings. Because it’s a second suspension it would be revoked in some other counties,” said Mr. Harriman.

 

New ownership for two companies in Chattanooga, both with a large presence, requires that the new owners re-apply for beer licenses under the new names. As the Bi Lo grocery stores reopen under the possession of K-VA-T Food Stores, Inc. with the new name of Food City, managers of the individual stores will be applying for the new permits. On Thursday six store managers came to the beer board meeting to relinquish the old licenses and get new ones.

 

Fire Marshall Chuck Hartung told the board that with the changes, checks are being made to assure that all codes are in compliance. He said some outstanding violations have been discovered, largely due to lack of maintenance regarding safety issues. These were not discovered earlier because, in the case of the fire department, there are only six inspectors for the whole city and that is not enough to cover yearly inspections for all businesses. When the ownership change was announced, they began to check all the Bi-Lo stores and some violations found during inspections in June still have not been resolved. He said that Bi-Lo was dragging its feet leaving the problems for Food City to handle.

 

Of the Food City applications on Thursday, all but one have now passed all inspections. New beer permits were given to the stores at 7804 East Brainerd Road, 4510 Highway 58, 3801 Tennessee Ave., 3600 Hixson Pike and 5604 Hixson Pike. The store at 703 Signal Mountain Blvd. still has not completed work on some electrical issues and the sprinkler system. All stores will be able to sell beer under the Bi-Lo permits up until the day the name change takes place. The scheduled opening for the Signal Mountain Boulevard location is Sept. 16. The manager of that store said he expected all needed repairs will be done by the next beer board meeting on Sept. 17 in order to get a new license.

 

The question about why businesses with code violations were still allowed to be open and continue to sell beer was asked by board member Ed Townson. Mr. Hartung answered that the issues are being addressed and time is allowed for the stores to make the needed repairs. He said that the worst issues have already been corrected, and that if he felt it was critical and posed an immediate threat to the public safety, he would have closed a store immediately.

 

When asked what could be done to make businesses comply more readily, he said that first; the inspectors need to be able to make yearly checks.  He also said “Our fines are laughable,” being only $50. He said people start listening when the “E-Team” consisting of inspectors from fire, police, building and zoning are all sent to close the doors. He said he walks a fine line since closing a business creates problems for consumers and produces no income for the city.

 

All the Kangaroo convenience stores in Chattanooga have been bought by Circle K. As these stores change names, they, too, are required to get a beer permit under the new owner’s name. Thursday morning five were approved for beer licenses. These locations are 1182 Mountain Creek Road, 712 Signal Mountain Blvd., 1005 Hixson Pike, 902 Dallas Road, and 4900 Brainerd Road.

 

Murphy Oil USA at 3538 Cummings Highway was also given a beer license.

 

Two special events, both taking place on Sept. 19, were approved to sell beer at their respective fundraisers. Wild Trails will be at Renaissance Park from noon until 4 p.m. Randy Horton said this event is intended to show people that they do not have to live near a trail head to be a trail runner. There will be a 10 K and 30 K race utilizing as much off-road space as possible, such as alleys, parking lots and grassy areas. The trail will be marked with a lot of flags and chalk and there will be a lot of marshals along the route. No roads will be closed, he said. The after party will feature a bluegrass band and beer will be sold. All the money raised by the event will go to trail advocacy, he said.

 

Chickstock, put on by the North Chickamauga Creek Conservancy, will take place at 5051 Gann Store Road at Greenway Farms from noon until 6 p.m. with a rain date of Oct. 3. This is a fundraiser for the North Chickamauga Creek Conservancy. Greenway Farms is located right next to the creek, said Steve Sibley. The party will have a bluegrass band, food trucks, local vendors and beer. Up to 1,200 are expected during the day.

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