|7/18/2013||Silver Cliff trustees suspend Maverick’s music license|
Action comes on heels of July 4th violation; vote was five to one, with Wolff abstaining
The Silver Cliff Board of Trustees met for a special meeting on Tuesday, July 16, where they suspended Mavericks Bar and Grill live music license. The vote was five to one, with one abstention.
Mayor Larry Weber attended, as did Trustees Richard Lowe, Mary Behrendt, Marty Wolff, Lela Cravens, Bob Hall and Danny Smith. Town attorney, Pete Michaelson, was also present.
The issue came about after Mavericks held a dance event on Thursday, July 4th. It had sent out flyers announcing the party days before the event, advertising that it would be held from 4 p.m. to 8 p.m. The dance went against its live music permit, which only allowed the restaurant to play amplified music on Fridays and Saturdays.
Trustee Marty Wolff had heard the music on the 4th and drove over to make them stop the event. Deputies had already been on their way and, when they arrived they charged Wolf with a DUI and arrested her.
Douglas Glass, owner of Mavericks, was issued a citation and the party was allowed to continue.
Pete Michaelson picked through the ordinance that Mavericks disobeyed, explaining to the board what they needed to consider before suspending the license.
"Penalty Clause 6, Part 2, requires a license for live music events," Michaelson said. "It is a misdemeanor if an event, or a dance, is held without that license. The allegation here is if Mavericks held a live music event, or dance, without a permit."
He went on to explain that Clause 5A requires two or more complaints from the general public called into the Sheriff’s office on the same day, and then confirmed by the Sheriff or one of his deputies.
If all of this is met, then the permit is automatically suspended for 60 days.
"You may want a representative from Mavericks to address what went on during the Fourth for due process," Michaelson advised, countering Mayor Weber’s motion that no public comment be made.
Weber amended the motion, allowing Amy Glass from Mavericks to stand before the board.
"I apologize," Glass began, "for any inconvenience this has caused anyone. By playing music on the Fourth, we are of fault by breaking the permit but not the ordinance."
Glass asked if the trustees count for being considered ‘general public’ as Michaelson had said two complaints from the public were required.
"Yes," Mayor Weber said.
"Marty and Mary," Glass went on, referring to Trustees Marty Wolff and Mary Behrendt, "they were together all day. Were they in cahoots?"
"No," Mayor Weber said.
"It goes without saying that there were two complaints made," Glass fumed, "but not for noise. The complaints were specific for playing music outside of the permit."
Trustee Danny Smith asked how the Sheriff confirms complaints.
"By common sense," Mayor Weber said. Later in the meeting Michaelson asked Sheriff Jobe if he or deputies confirmed the legitimacy of the complants. Jobe responded, "Yes."
Richard Lowe commented that there are always a lot of complaints about Maverick’s loud music.
"Well," Glass steamed, "you don’t want to know what complaints I hear about the board."
Michaelson refocused the meeting and went through a transcript of the log put together by the Sheriff’s office. Calls complaining of the loud music from Mavericks came from Trustees Bob Hall and Richard Lowe. Reportedly, Lowe told officers that he could hear the music from a block away.
Two other complaints came in later, but were not logged in.
When the board asked Sheriff Fred Jobe why they had not been logged, he said that he did not know.
When Sheriff Jobe was asked why he hadn’t gone over to shut Mavericks down when he had seen the flyer, Sheriff Jobe appeared affronted.
"We don’t go around shutting down businesses," Jobe said. "We aren’t the Gestapo."
"Do you feel that these noise complaints by citizens were two or more in the same day?" Michaelson asked, referring to ordinance violation.
"Yes, I do," Sheriff Jobe answered. "We did have one of their brochures, but didn’t go up there when it was set to start because we wanted to wait until calls started coming in."
"It’d be interesting," Richard Lowe said, "to hear Deputy Supan under oath about this."
There was an outburst from the crowd that had gathered.
"What is wrong with you people?" a man stood up to shout.
"It’s not neighborly of you," Glass told the board, "to do this to us."
"How neighborly is it to impose your will on other people?" Lowe demanded.
"It’s not like we’re worshipping the devil," Glass reasoned. "It was the Fourth of July. We weren’t disturbing people’s sleep."
Lela Cravens motioned to suspend Maverick’s license for 60 days, beginning from July 4, since the requirements for having broken the ordinance were met. Mayor Larry Weber, and Trustees Mary Behrendt, Lela Cravens, Bob Hall and Richard Lowe voted yay. Danny Smith voted nay. Marty Wolff abstained.
Maverick’s will go to court within the following 60 days for a revocation hearing concerning their live music license.
– J.E. Ward
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