HomeMy WebLinkAbout215-06 RESOLUTIONRESOLUTION NO. 215-06
A RESOLUTION TO REVOKE THE LICENSE OF MIGUEL TORRES
d/b/a/ CASA TORRES TO SELL ALCOHOLIC BEVERAGES WITHIN
THE CITY OF FAYETTEVILLE
WHEREAS, the City of Fayetteville provided proper written notice to Miguel
Torres d/b/a Casa Torres that the City Council would consider declaring his
establishment a nuisance and revoking his City license to sell alcoholic controlled
beverages pursuant to §111.06 (D) after a public hearing during its City Council meeting
of December 19, 2006; and
WHEREAS, the City of Fayetteville provided proper written notice to Miguel
Torres d/b/a Casa Torres that the City Council would consider suspending or revoking his
City license to sell alcoholic controlled beverages in Fayetteville pursuant to §111.13 of
the Fayetteville Code after a public hearing during its City Council meeting of December
19, 2006; and
WHEREAS, Miguel Torres was notified of the substances of many of the
complaints against him including alcoholic beverage control violations, after hours
serving of alcohol, late or unpaid city taxes, violence, disorderly conduct and even
shootings occurring at his establishment; and
WHEREAS, Miguel Torres has been given an opportunity during the public
hearing to present any and all evidence and arguments he wished to make in response to
the allegations complained against him and Casa Torres.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS
Section 1: After careful consideration of the evidence presented by the
Fayetteville Police Department, other City Staff, Mr. Miguel Torres, his witnesses,
citizens and other persons during the public hearing, the City Council of the City of
Fayetteville, Arkansas hereby finds that there is ample and sufficient trustworthy
evidence to find that Miguel Torres has operated his establishment in such a manner as to
constitute a public nuisance in the City of Fayetteville and that his City license to sell
controlled alcoholic beverages within the City should be and hereby is REVOKED.
Section 2: After careful consideration of the evidence presented by the
Fayetteville Police Department, other City Staff, Mr. Miguel Torres, his witnesses,
citizens and other persons during the public hearing, the City Council of the City of
Fayetteville, Arkansas hereby also finds that Miguel Torres has violated provisions of
Chapter 111 Alcoholic Beverages of the Code of Fayetteville including, but not limited
to: allowing after hours sales of alcoholic beverages, allowing patrons to carry open
alcoholic beverages out of his establishment, serving an already intoxicated person,
operating without a proper City permit, and sellingalcoholic beverages to a minor.
Because of these violations of the City Code, the Ciiy Council determines that Miguel
Torres' City license to sell alcoholic controlled beverages should be and hereby is
REVOKED.
PASSED and APPROVED this 19th day of December, 2006.
APPROVED:
ATTEST:
By: ( YAA U.t s C{ yn'Lt
SONDRA SMITH, City Clerk/Treasurer
•
F•°° S iii
°c1' OF°GAF
;a
; FA:::40:111::
`
"ra
itN
oto
•
Greg Tabor
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
12l 2006
City Council Meeting Date
Police
Division
Action Required:
iz/i9/6
cQ/S
£8ce %drres
ahal
kfrimiti 4
Police
Department
Council adopt a resolution revoking the city alcohol permit of Miguel Torres d.b.a. Casa Torres
$0.00
Cost of this request
N/A
r •
Account Number
N/A
Project Number
Budgeted Item
$0
Category / Project Budget
$0.00
Funds Used to Date
$0.00
Remaining Balance
Budget Adjustment Attached
N/A
Program Category / Project Name
N/A
Program / Project Category Name
N/A
Fund Name
Department Director
-City Att
Finance an
•
Internal Service Director
cfrizt afe
12/1/2006
Date
121666
Date
j2- 7-06
Mayor
Date
I
11106
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in Mayor's Office
Eli T ' EO
.2
See attached
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO:
FROM: Greg Tabor, Chief of Police
DATE: December 1, 2006 W
Mayor Dan Coody and Members of the City Council
RE.
Casa Torres
Recommendation:
It is recommended the City Council adopt a resolution revoking the city alcohol
permit of Miguel Torres d.b.a. Casa Torres
Background:
City Permit #4126, issued to Mr. Miguel Torres d.b.a. Casa Torres was first issued on
12-20-02. The business is currently operating.at 1673 N. College Ave. in Fayetteville,
Arkansas. Since this permit has been issued, there'have been numerous violations of both
state and local ordinance concerning dispensing of alcoholic beverages. These violations
include, but are not limited to serving.niinors and operating after hours. Also, numerous
reports of disturbances, assaults, loud music and a.recent shooting are just a few of the
calls received by the police department at this address. The business has been sanctioned
by the state Alcoholic Beverage Control on several occasions.
Discussion:
City Ordinance 111.06 states; "If any person engaged in the sale of controlled
beverages in the city shall conduct his place of business in a manner as to constitute a
nuisance, the City Council shall revoke the license Of such person to sell controlled
beverages in the city."
City Ordinance 111.13 gives the. City Council authority to suspend or revoke the
license of any licensee violating this chapter.
Budget Impact:
None
RESOLUTION NO.
A RESOLUTION TO REVOKE THE LICENSE OF MIGUEL
TORRES d/b/a/ CASA TORRES TO SELL ALCOHOLIC
BEVERAGES WITHIN THE CITY OF FAYETTEVILLE
WHEREAS, the City of Fayetteville provided proper written notice to Miguel
Torres d/b/a Casa Torres that the City Council would consider declaring his
establishment a nuisance and revoking his City license to sell alcoholic controlled
beverages pursuant to §111.06 (D) after a public hearing during its City Council meeting
of December 19, 2006; and
WHEREAS, the City of Fayetteville provided proper written notice to Miguel
Torres d/b/a Casa Torres that the City Council would consider suspending or revoking his
City license to sell alcoholic controlled beverages in Fayetteville pursuant to §111.13 of
the Fayetteville Code after a public hearing during its City Council meeting of December
19, 2006; and
WHEREAS, Miguel Torres was notified of the substances of many of the
complaints against him including alcoholic beverage control violations, after hours
serving of alcohol, late or unpaid city taxes, violence, disorderly conduct and even
shootings occurring at his establishment; and
WHEREAS, Miguel Torres has been given an opportunity during the public
hearing to present any and all evidence and arguments he wished to make in response to
the allegations complained against him and Casa Torres.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: After careful consideration of the evidence presented by the
Fayetteville Police Department, other City Staff, Mr. Miguel Torres, his witnesses,
citizens and other persons during the public hearing, the City Council of the City of
Fayetteville, Arkansas hereby finds that there is ample and sufficient trustworthy
evidence to find that Miguel Torres has operated his establishment in such a manner as to
constitute a public nuisance in the City of Fayetteville and that his City license to sell
controlled alcoholic beverages within the City should be and hereby is REVOKED.
Section 2: After careful consideration of the evidence presented by the
Fayetteville Police Department, other City Staff, Mr. Miguel Torres, his witnesses,
citizens and other persons during the public hearing, the City Council of the City of
Fayetteville, Arkansas hereby also finds that Miguel Torres has violated provisions of
Chapter 111 Alcoholic Beverages of the Code of Fayetteville including, but not limited
to: allowing after hours sales of alcoholic beverages, allowing patrons to carry open
alcoholic beverages out of his establishment, serving an already intoxicated person,
operating without a proper City permit, and selling alcoholic beverages to a minor.
Because of these violations of the City Code, the City Council determines that Miguel
Torres' City license to sell alcoholic controlled beverages should be and hereby is
REVOKED.
PASSED and APPROVED this 19th day of December, 2006.
ATTEST:
By:
SONDRA SMITH, City Clerk
APPROVED:
By:
DAN COODY, Mayor
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
Local permit required, A.C.A. §3-5-211. _
111.04 Application for Permits
(A) Application for a permit required by this chapter
shall be in writing on a form prescribed by the city
and shall be accompanied by the required fee
and a copy of the applicant's state permit. No
city permit will be issued until applicant has
received a state permit.
(B) It shall be unlawful for any person 'to make any
false statement or representation in any
application required by this chapter or to give any
false answer to any question contained therein.
(C) Permits required by this chapter shall be issued
in such a manner that they will run for such
length of time as the state permit. Annual permit
renewal fees shall be due and payable on June
30th of each year for the succeeding. year
beginning July 1s1 .
(D) The city will not issue or renew any permits
pursuant to this chapter until all outstanding
hotel, motel, and restaurant taxes and/or
supplemental beverage taxes, if applicable, are
paid.
(E) No new permit shall be granted to any person to
engage in the sale of liquor at retail, for
consumption off the premises, for any business
situated within 200 yards of any church or school.
The distance shall be measured from the nearest
point of the church or school building to the
nearest point of the building to be permitted.
(F) No other permits shall be granted to any person
to engage in the business of manufacturing,
transporting, storing, handling, receiving
distributing, selling, oi- dispensing, either at
wholesale or retail, any controlled beverage,
except wine, for any business situated within 300
feet of any church or school building. The
distance shall be measured from the nearest
point of the church or school building to the
nearest point of the building to be permitted.
(G) All permits issued by the city pursuant to this
chapter shall be prominently displayed on the
permitted premises by the permittee in the same
manner as required by the state for state permits.
that the state permit has been restored to the
applicant, provided that no reclaimed permit will
be restored to an applicant until all outstanding
hotel, - motel, and restaurant taxes and/or
supplemental beverages taxes, if applicable, are
paid.
(I) All fees, taxes, and penalties received by the city
pursuant to this chapter shall be deposited to the
credit of general fund revenues.
(J) Permits shall not be transferable or assignable
except as provided by A.C.A. §3-4-103A
(Fiduciaries -Continuation of permitted business).
•
(Ord. No. 4042, §1. 6-17-97; Code 1991, §111.04)
State law reference(s)--Fiduciaries-Conlinuation of
permitted business, A.C.A. §3-4-103A; Operation of retail
liquor business within 200 yards of church or schoolhouse
prohibited; as amended by Act 1072 of 2001, A.C.A. §3-4-
206; Transfer or assignment, A.C.A. §3-4-217; Applications -
Procedure for acceptance and determination, A.C.A. §3-4-
208.
111.05 Right Of City To Inspect Records
The city shall have the right to inspect and examine
the records of any permittee subject to any tax or
permit fee based on gross sales or receipts.
(Ord. No. 4042, §1, 6-17-97; Code 1991, §111.05)
111.06 Prohibited Activities/Warning
Notice
(A)• Any person to which a controlled beverage permit
has been issued shall comply with all laws and
regulations of the State of Arkansas, the
Alcoholic Beverage Control Division of the State
of Arkansas, and the City of Fayetteville
regarding the control and regulation of controlled
beverages, including but not limited to the
following:
(1) Purchase by or for minors, sale to minors, or
handling by minors prohibited;
(H) When any state permit is revoked by the state or
required to be returned to the state for any
reason, the city permit shall be returned to the
city. The city will restore the permit upon proof _
• CD111:5
(a) It shall be unlawful for any person under
the age of 21 years to have in his or her
possession, to purchase or attempt to
purchase, or otherwise obtain any
controlled beverages.
(b) It shall be unlawful for any person to,
knowingly or unknowingly, purchase on
behalf of, fumish to, give away to, or
otherwise dispose of to any person
FAYETTEVILLE CODE OF ORDINANCES
.TITLE XI BUSINESS REGULATIONS
under the age of 21 years any controlled
beverages; however, this provision shall
not apply to the serving of such to
members of one's family or to the use of
wine in any religious ceremony or rite in
any established church or religion.
(c) It shall be unlawful for any person
engaged in the business of
manufacturing, distributing or selling, at
wholesale 'or retail, any controlled
beverages to sell, offer for sale, or give
away, under any conditions, any such
controlled beverages to any person
under the age of 21 years. The burden
of determining the age of any person
shall be upon the seller.
(d) It shall be unlawful for any wholesaler,
retailer, or transporter of controlled
beverages to allow any employee or
other person under the age of 21 years
of age to have anything whatsoever to
do with the sale, transporting or
handling of controlled beverages.
However, with the written consent of a
parent or guardian, persons 18 years of
age and older may be employed by
licensed liquor and beer wholesalers
and by licensed native wineries to
handle controlled beverages at the
place of business of the licensed
wholesaler or wineries.
(2) A warning notice regarding the sale to,
possession or purchase by, or furnishing to
minors of controlled beverages shall be
posted in a conspicuous place in public view
in each place of business where controlled
beverages are sold, served or dispensed,
including all drive up windows The warning
notices shall be of the size, have the content,
and be posted in the manner as prescribed
by the Arkansas Alcoholic Beverage Control
Division.
(B) No person who has received a license under any
ordinance of the City of Fayetteville for the sale
or dispensing of alcoholic beverages for on -
premises consumption including private club
licenses shall suffer or permit any person to
appear on the licensed premises in such manner
or attire as to expose to view any portion of the
pubic area anus, vulva, or genitals or any
simulation thereof, nor suffer or permit any
female to appear on the -premises in such
manner or attire as to expose to view any portion
of her breast below the top of the areola or any
simulation thereof.
(C) That no person shall bring into or consume or
allow to be brought into or allow to be consumed
intoxicants or alcoholic beverages of any kind, in
any commercial` establishment, or business,
which suffers or permits any person to appear on
the premises in such manner or attire as to
expose to view any portion of the pubic area,
anus, vulva, or genitals or any simulation thereof,
or suffers or permits any female to appear.on the
premises in such. manner or attire as to expose to
view any portion of her breast below the top of
the areola or any simulation thereof
(D) If any person engaged in the sale of controlled
beverages in the city shall conduct his place of
business in a manner as to constitute a nuisance,
the City Council shall revoke the license of such
person to sell controlled beverages in the city.
(t) Any person violating any provision of this
ordinance shall be subject to the general
penalties as set out in §10.99 of the Code of
Fayetteville.
(Ord. No. 4015, 2-4-97; Ord. No. 4016, 2-4-97; Ord. No.
4042, §1, 6-17-97; Ord. No. 4132, §t, 1-5-99)
State law reference(s)—Unknowingly furnishing or,
selling to minor, A.C.A. §3-3-201; Knowingly furnishing or
selling to minor, A.C.A. §3-3-203.
111.07-111.09 Reserved
ARTICLE II
PENALTIES/SUSPENSION/REVOCATION
111.10 Furnishing To Or Consumption
By Minors
(A) Any person convicted of knowingly or
unknowingly selling, serving, giving, procuring or
otherwise furnishing any controlled beverage to
any person under 21 years of age shall be
deemed guilty of a misdemeanor and -shall be
fined not less than $200.00 nor more than
$500.00.
(8) Any person under the age of 21 years who has in
his or her possession, purchases or attempts to
purchase, or otherwise obtain - any controlled
beverage shall, upon conviction, be . deemed
guilty of a misdemeanor and shall be subject to a
fine of not less Than $10.00 nor more than
CD111:6
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIO
$500.00.
(Ord. No. 4042, §1, 6-17-97)
State law reference(s)—Unknowingly furnishing or
selling lo minor, A.C.A. §3-3-201; Knowingly furnishing or
selling to minor, A.C.A. §3-3-202; Purchase or possession by
minor, A.C.A. §3-3-203.
111.11 Operating Without City Permit
(A) Beer and light wine. Any person who sells,
serves barters exchanges, .or gives away beer
or light wine without having a valid city permit as
provided by this chapter shall, upon conviction,
be deemed guilty of a misdemeanor and shall be
fined not more than $500:00. Each day of such
operation without a valid city permit shall
constitute a separate and distinct offense.
(B) On -premises consumption, including private
clubs. Any person who sells, serves, barters,
exchanges, or gives away .controlled beverages,
except wine, for on -premises consumption
without having a valid city permit as provided by
this chapter shall, upon conviction, be deemed
guilty of a misdemeanor and shall be fined not
more than $500.00. Each day of such operation
without a valid city permit shall constitute a
separate and distinct offense.
(C) General. Any person, except as provided in
§111.11(A) and.(B) above, who sells, serves,
barters, exchanges, or gives away controlled
beverages, except wine, without having a valid
city permit as provided in this chapter shall, upon
conviction, be deemed guilty of a misdemeanor
and shall be fined not more than $500.00. Each •
day of such operation without a valid city permit
shall constitute a separate and distinct offense.
(Ord. No. 4042, 6-17-97; Code 1991, §111.11)
State law reference(s)—Penalties, A:C.A. §3-5-203;
Manufacture, sale, etc., a privilege, A.CA. §3-5-204.
111.12 General Penalty
Except as set forth above, any person violating any
provision of this chapter shall be subject to the
general penalties as set out in §10.99 of the Code of
Fayetteville.
(Ord. No. 4042, 6-17-97; Code 1991, §111.12)
111.13 Suspension/Revocation
(A) The City Council may suspend for a period not to
exceed six months or revoke the license of any
licensee violating this chapter after due notice to
the licensee and an opportunity for the licensee
to be heard.
(B) When any license is revoked, no new license
shall be issued to the same person within one
year of such revocation.
(Ord. No. 4016, 2-4-97; Code 1991, §111.13)
111.14-111.19 Reserved
ARTICLE III
TYPES OF PERMITS -FEES -SPECIFIC
PROVISIONS -HOURS OF OPERATION
111.20 Wholesale
(A) Wholesale liquor .permit. Authorizes the
purchase from licensed manufacturers or
importers of spirituous and vinous beverages or
malt liquor containing more than five percent
alcohol by weight, and the sale of such
beverages to persons holding a valid liquor off -
premises permit or a hotel, motel or restaurant
on -premises consumption permit.
(1) Permit fee. There is hereby levied an annual
permit fee 'of $500.00 for each and every
establishment engaged in storing,
transporting and/or selling at wholesale any
spirituous or vinous (except wine) liquors
within the city.
(2) Hours of operation. It shall be unlawful for
any person to sell, offer for sale, or give
away, at wholesale, any spirituous, vinous,
or malt liquors before the hours of 6:00 a.m.
and after the hour of 11:00 p.m. on
weekdays, 12:00 midnight on Friday and
Saturday, at 'any hour on Sunday, on
•Christmas Day, or during any 24-hour
interval designated an emergency period by
the mayor, City Council, orany person acting
in the mayors or City Council's capacity.
(B) Wholesale beer and light wine permit. Authorizes
the purchase of beer, light wine or malt liquor
from a licensed manufacturer or importer and the
sale of such beverages to retailers holding a valid
permit to sell beer, light wine or malt liquor for
consumption on or off the premises.
111:7
(1) Permit fee. There is hereby levied an annual
permit fee of $125.00 for each and every
12-05-06
Casa Torres, 1673 N. College Avenue .
Motion for Revocation of City Alcohol Permit
Document Cover Sheet
Alcoholic Beverage Control Sanction Activity
Seven Documents
Fayetteville Police Department Criminal Reports
03-85988
03-88718
03-114124
03-119099
04-68184
04-70845
04-75891
04-78525
06-93744
06-120355 (shooting)
Fayetteville District Court Records
Five Violation Records
Call History
Casa Torres, 1673 N. College, December, 2002 to present
Acambaro, (Comparison Query), 2605 N. College, December, 2002 to present
City of Fayetteville Accounting Office Tax Information
Memorandum from Revenue Clerk
Tax Record
City of Fayetteville Planning Department Report
Five pages
Robert S. Moore, Jr.
Director
Donald R. Bennett
Attorney
Milton R. Lueken
Attorney
STATE OFARKANSAS
ALCOHOLIC BEVERAGE CONTROL DIVISION
1515 West 7th Street, Suite 503
Little Rock, Arkansas 72201
Telephone (501) 682-1105
Fax (501) 682-2221
IN THE MATTER OF:
RESTAURANT MIXED DRINK PERMIT NO. 18(MAX)
MIGUEL TORRES, PERMITTEE
DBA: CASA TORRES RESTAURANT
1673 N. COLLEGE AVENUE
FAYETTEVILLE, ARKANSAS
•
•
ORDER
BOARD MEMBERS:
Ron Fuller, Chairman
Dr. Carl E. Hyman
Tony Ellis
Patricia A. Cohee
J.J. Vigneault
PAID: -8-o3
There was considered by the Director, the matter pertaining to charges
filed against Restaurant Mixed Drink Permit No. 18(MAX), held by Miguel
Torres, Permittee, to do business as Casa Torres Restaurant, located at 1673 N.
College Avenue, Fayetteville, Arkansas. Said charges were as follows:
1. That on or about March 8, 2003, your outlet was in violation of
Section 1.79(32) of the ABC Regulations, Failure to be a Good
Neighbor, people were drinking alcoholic beverages in the parking
lot, a Class B violation.
2. That on or about March 8; 2003,your operator allowed minors in
the permitted outlet when no food services was available, in
violation of Section 4.17 of the ABC Regulations, a Class C
violation.
The following findings are made, TO WIT:
That the permittee, Miguel Torres, was in communication with this
agency on September 15, 2003, in response to the charges waiving a hearing on
the charges, requesting that the matter be disposed of on the record.
Based on the above and foregoing findings, as well as filed pertinent
documents, it is concluded that there is sufficient substantial evidence
contained within the record to reflect that the alleged violations did, in fact,
occur. It is further concluded that the subject permit should be FINED in the
amount of two hundred dollars ($200.00), and placed on PROBATION for a
period of sixty (60) days.
NOW THEREFORE, by reason of the herein above stated conclusions, it
is hereby ORDERED that Restaurant. Mixed Drink Permit No. 18(MAX) shall be
and the same is hereby FINED in the amount of two hundred dollars ($200.00),
in accordance with the provisions of Act 790 of 1981. Said FINE is due and
payable by Check, Cashier's Check or Money Order at the offices of the ABC
Administration on or before the close of business on October 7, 2003. If said
FINE is not paid by such date, the aforementioned permit shall be SUSPENDED
until such time as the FINE is paid in full. It is further ORDERED that said
permit shall be placed on SUSPENSION PROBATION for a period of sixty (60)
days, said period of PROBATION to begin on October 7, 2003, and continue
uninterrupted through December 5, 2003. During such period of PROBATION
and henceforth, the permitted business establishment shall be operated in such
a manner as to strictly conform to all appropriate Alcoholic Beverage Laws of
the State of Arkansas and Rules and Regulations adopted by y the Alcoholic
Beverage Control Board.
DONE AT LITTLE ROCK, ARKANSAS, this 18th day of September, 2003.
RSM \ML\kb
•
ALCOHOLI BEVERAGE CONTROL DIVISION
•
�.l
- ROBER S. MOORE, JR., DIRK TOR
2
•
Robert S. Moore, Jr.
Director
Donald R. Bennett
Attorney
Milton R. Lueken
Attorney
•
STATE OFARKANSAS
ALCOHOLIC BEVERAGE CONTROL DIVISION
1515 West 7th Street, Suite 503
Little Rock, Arkansas 72201
Telephone (501) 682-1105
Fax (501) 682-2221
IN THE MATTER OF:
RESTAURANT MIXED DRINK PERMIT NO. 18(MAX)
MIGUEL TORRES, PERMITTEE
DBA: CASA TORRES RESTAURANT
1673 N. COLLEGE AVENUE
FAYETTEVILLE, ARKANSAS
BOARD MEMBERS:
Ron Fuller, Chairman
Dr. Carl E. Hyman
Tony Ellis
Patricia A. Cohee
J.J. Vigneault
ORDER
There was considered by the Director, the matter pertaining to charges
filed against Restaurant Mixed Drink Permit No. 18(MAX), held by Miguel
Torres, Permittee, to do business as Casa Torres Restaurant, located at 1673 N.
College Avenue, Fayetteville, Arkansas. Said charges were as follows:
1. That on or about August 31, 2003, your operator allowed the
consumption of alcoholic beverages after the legally prescribed
hours, in violation of Section 3.19(1)A. of the ABC Regulations, a
Class B violation.
2. That on or about September 7, 2003, your operator failed to
cooperate with a member of the Fayetteville Police Department, in
violation of Section 1.79(10) of the ABC Regulations, a Class A
violation.
That on or about September 7, 2003, your operator allowed the
consumption of alcoholic beverages after the legally prescribed
hours, in violation of Section 3.19(1)A. of the ABC Regulations, a
Class B violation.
4. That on or about September 7, 2003, your operator allowed open
containers of alcoholic beverages to be carried from the permitted
premises, in violation of Section 1.79(27) of the ABC Regulations,
a Class C violation.
5. That on or about November 16, 2003, your operator served
alcoholic beverages after the legally prescribed hours, in violation
of Section 3.19(3)A of the ABC Regulations, a Class B violation.
And from findings of fact deduced ata hearing held on January 6, 2004,
the following findings are made, TO WIT:
That the permittee, Miguel Torres, was present at the hearing and
appeared pro se. There also came and appeared Preston Oswalt, Sgt. James
Harter and Officer Cameron Crofton of the Fayetteville Police Department. It is
further found that testimony was elicited from Preston Oswalt, Sgt. Harter and
Officer Crofton.
Based on the testimony elicited, it is found that there is sufficient
evidence contained within the record to reflect that the alleged violations did, in
fact, occur. Based on these findings, it is concluded that the subject permit
should be FINED. in the amount of one thousand dollars ($1,000) SUSPENDED
for a period of one (1) week, and placed on PROBATION for a period of six (6)
months. The one (1) week period of SUSPENSION shall be held in abeyance for
a period of sixty (60) days. Should the permittee be cited for a violation of the
same ABC Regulation within the sixty (60) day period and be found guilty of the
same, the one (1)d period of SUSPENSION will be reinstated by the Director.
POi
NOW THEREFORE,tby reason of the herein above stated conclusions, it
is hereby ORDERED that Restaurant Mixed Drink Permit No. 18(MAX) shall be
and the same is hereby FINED in the amount of one thousand dollars
($1,000.00), in accordance with the provisions of Act 790 of 1981. Said FINE is
due and payable by Check, Cashier's Check or Money Order at the offices of
the ABC Administration on or before the close of business on February 10,
2004. If said FINE is not paid by such date, the aforementioned permit shall be
SUSPENDED until such time as the FINE is paid in full. It is further
ORDERED that said permit shall be placed on SUSPENSION for a period of one
(1) week, and placed on PROBATION for a period of six (6) months, said period
of PROBATION to begin on February 10, 2004, and continue uninterrupted
through August 10, 2004. During such period of PROBATION and henceforth,
the permitted business establishment shall be operated in such a manner as to
strictly conform to all appropriate Alcoholic Beverage Laws of the State of
Arkansas and Rules and Regulations adopted by the Alcoholic Beverage Control
Board.
You are hereby notified that you have the right to appeal this decision to
the full Alcoholic Beverage Control Board within fifteen (15) days from the date
this ORDER is received.
DONE AT LITTLE ROCK, ARKANSAS, this 21ST day of January, 2004.
•
2
Robert S. Moore, Jr.
Director
Donald R. Bennett
Attorney
Milton R. Lueken
Attorney
STATE OF ARKANSAS
ALCOHOLIC BEVERAGE CONTROL DIVISION
1515 West 7th Street, Suite 503
Little Rock, Arkansas 72201
Telephone (501) 682-005
Fax (501) 682-2221
Miguel Torres, Permittee
DBA: Casa Torres Restaurant
1673 N. College Avenue
Fayetteville, Arkansas
April 22, 2004
WARNING
BOARD MEMBERS:
Ron Fuller, Chairman
Dr. Carl E. Hyman
Tony Ellis
Patricia A. Cohee
J.J. Vigneault
Complaint has been made by the ABC Enforcement Division that a
violation has occurred against Restaurant Mixed Drink Permit No. 18(MAX),
held by you, in that on or about November 30, 2003, you served alcoholic
beverages after the legally prescribed hours, in violation of Section 3.19(3)A. of
the ABC Regulations.
Since this violation report was received only one day before your last
hearing before ABC Director Robert S. Moore, Jr. on January 6, 2004, another
hearing on this report will not be scheduled in this instance. However, you
are hereby warned that further such occurrences will result in a monetary fine
against the permit or the suspension of the permit.
Although no action is being taken against your permit as a result of this
incident, you are hereby advised that this letter will be made a part of your file
at our office and may be considered as part of a course of unlawful conduct
upon our consideration of any future violation.
You are further warned to operate and conduct your permitted business
establishment in strict compliance with all laws and regulations pertaining to
your permit.
RSM/ML/kb
ALCOHOLIC BEVERAGES CONTROL DIVISION
ROBERT .. MOORE, 131V', CTOR
Robert S. Moore, Jr.
Director
Donald R. Bennett
Attorney
Milton R. Lueken
Attorney
STATE OF ARKANSAS
ALCOHOLIC BEVERAGE CONTROL DIVISION
1515 West 7th Street, Suite 503
Little Rock; Arkansas 72201
Telephone (501) 682-1105
Fax (501) 682-2221
BOARD MEMBERS:
Ron Fuller, Chairman
Dr. Carl E. Hyman
Tony Ellis
Patricia A. Cohee
J.J. Vigneault
IN THE MATTER OF:
RESTAURANT MIXED DRINK PERMIT NO. 18(MAX)
MIGUEL TORRES, PERMITTEE
DBA: CASA TORRES RESTAURANT
1673 N. COLLEGE AVENUE
FAYETTEVILLE, ARKANSAS
BOARD DECISION
There was considered by the Alcoholic Beverage Control Board at a
hearing held on December 15, 2004, the matter pertaining to charges filed
against Restaurant Mixed Drink Permit No. 18(MAX), held by Miguel Torres,
Permittee, to do business as Casa Torres Restaurant, located at 1673 N. College
Avenue, Fayetteville, Arkansas. Said charges were as follows:
1. That on or about July 4, 2004 your outlet was in violation of
Section 1.79(32) of the ABC egulations, Failure to be a Good
Neighbor, female patron was attacked by males in the outlet, a
Class B violation.
That on or about July 4, 2004, the permitted outlet was operating
under an unauthorized trade name, in violation of Section 1.25 of
the ABC Regulations, a Class C violation.
That on or about July 4, 2004, your operator allowed consumption
of alcoholic beverages after the legally prescribed hours, in
violation of Section 3.19(3)A. of the ABC Regulations, a Class B
violation.
That on or about July 4, 2004, your operator served alcohojr`a c;;
beverages to an intoxicated patron, in violation of Section
3.19(4)B. of the ABC Regulations, a Class B violation.
That on or about July 11, 2004, your operator was drinking
alcoholic beverages on•duty, in violation of Section 1.79(19) of the
ABC Regulations, a Class B violation.
6. That on or about July 11, 2004, your operator allowed the
consumption of alcoholic beverages after the legally prescribed
hours, in violation of Section 3.19(3)A. of the ABC Regulations, a
Class B violation.
7. That on or about July 25, 2004, your operator allowed the
consumption of alcoholic beverages after the legally prescribed.
hours, in violation of Section 3.19(3)A. of the ABC Regulations, a
Class B violation.
That on or about July 25, 2004, your operator served alcoholic
beverages to an intoxicated patron, in violation of Section
3.19(4)B. of the ABC Regulations, a Class B violation.
9. That on or about July 25, 2004, your operator failed to cooperate
with the Fayetteville Police Department, in violation of Section
1.79(10) of the ABC Regulations, a Class A violation.
10. That on or about August 1, 2004, your operator allowed the
consumption of alcoholic beverages after the legally prescribed
hours, in violation of Section 3.19(3)A. of the ABC Regulations, a
Class B violation.
11. That on or about August 1, 2004, the permitted outlet has no
Fayetteville City privilege license, in violation of Section 1.79(4) of
the ABC Regulations, a Class C violation.
Board Members attending the hearing were Ron Fuller, Chairman, and
Dr. Carl Hyman, Tony Ellis, Pat Cohee, and J. J. Vigneault.
The permittee. was present at the hearing and appeared pro se. There
also came and appeared Sgt. James Harter and Officer Preston Oswalt of the.
Fayetteville Police Department.
After considering all notes, memoranda, and sworn testimony. It is
found:
1. Arturo Torres, who was representing his father, stipulated with
the ABC Board Chairman, Ron Fuller, that the permittee was admitting guilt on
all of the violations except numbers one, four, eight and nine. A letter from Mr.
Torres to the ABC which corroborated this fact was introduced by ABC Board
Attorney Milton Lueken.
2. Testimony was received from Sgt. James Harter of the Fayetteville
Police Department regarding charge number one. Sgt. Harter read a report
from the Fayetteville Police Department authored by Officer Scott Carlton in
which he described a complaint from an Hispanic woman named Diana
Travino. Officer Carlton noticed that Ms. Travino had a bloody nose, that her
face was swollen, that she had a small kriot on her left temple and that she was
complaining of chest pain. Ms. Travino stated that she had been inside the
permitted outlet when four Hispanic males jumped her for no reason. Mr.
Travino stated that the subjects held her to the ground and beat her up: Sgt.
Harter stated that Officer Carlton's report indicated that Ms. Travino was
extremely intoxicated and belligerent.
3. Testimony regarding charge number four was received from
Corporal Preston Oswalt of the Fayetteville Police Department. Corporal Oswalt
testified that on July 4, 2004, he and Officer Dearing had responded to the
permitted outlet to assist Corporal Carlton who was out in the parking lot of the
bar taking a report of a battery. Corporal Oswalt testified that upon arrival at
the restaurant he observed many, many patrons outside the bar that were
extremely intoxicated to the point that they had to hold themselves up on walls
and on vehicles.
4. Testimony was received from Corporal Preston Oswalt regarding
charge number. eight. Corporal Oswalt testified that on July 24, 2004, he was
at the permitted outlet at approximately 3:30 a.m. and that he took a full bottle
of Corona beer away from a patron who he described as drunk and stumbling.
• 5. Corporal Preston Oswalt testified regarding charge number nine.
Corporal Oswalt testified that on July 25, 2004, he arrived' at the restaurant at
approximately 3:30 a.m.. Corporal Oswalt testified that he entered the
establishment and observed bottles of beer and bottles of alcohol on almost
every table in the room. Corporal Oswalt testified that he took a beer right out
of a patron's hand as he was drinking it. Corporal Oswalt testified that he
spoke with Mr. Torres and told him to clear the tables. Corporal Oswalt
testified that the police then left the permitted outlet, but returned in ten
minutes and when they returned they saw a patron that was still drinking beer.
After all conclusions of matters considered by the Board, including the
earlier stipulation entered into by Arturo Torres as well as the testimony
received from Sgt. James Harter and Corporal Preston Oswalt of the Fayetteville
Police Department, it is found that the testimony indicates that the alleged
violations number one, two, three, four, six, seven, eight, nine, ten and eleven
did occur. The Board finds that the administrative sanction of two thousand
dollars ($2,000), thirty (30) days SUSPENSION and one (1) year PROBATION
which was levied by the Director should be upheld.
WHEREFORE by motion made, seconded, and passed unanimously by a
- vote of 5 -0, -there is hereby levied against Restaurant Mixed Drink Permit No. •
18(MAX) a FINE in the amount of two thousand. dollars ($2,000), in accordance
with the provisions of Act 790 of 1981. Said FINE is due and payable by
Check, Cashier's Check or Money Order at the offices of the ABC
Administration on or before the close of business on January 4, 2005. If said
FINE is not paid by such date, the aforementioned permit shall be SUSPENDED
until such time as the FINE is paid in full. It is further ORDERED that said
permit shall be placed on SUSPENSION for a pe
period of SUSPENSION to begin at 7:00 a
uninterrupted through 7:00 a.m. on
PROBATION for a period of one (1) y
ays, said
and continue
ced on
of PROBATION to begin on
January 4, 2005, and continue uninterrupted through January 4, 2005.
During such period of PROBATION and henceforth, the permitted business
establishment shall be operated in such a manner as to strictly conform to all
appropriate Alcoholic Beverage Laws of the State of Arkansas and Rules and
Regulations adopted by the Alcoholic Beverage Control Board.
DONE AT LITTLE ROCK, ARKANSAS, this 15TH day of December, 2004.
RF\ML\kb
oe L
1.N3P,12 1n, p agy
LZ :2114d 12 330 ti0
ClijA _J
ALCOHOLIC BEVERAGE CONTROL DIVISION
RON FULLER, CHAIRMAN
4
Robert S. Moore, Jr.
Director
Donald R. Bennett
Attorney
Milton R. Lueken
Attorney
STATE OF ARKANSAS
ALCOHOLIC BEVERAGE CONTROL DIVISION
1515 West 7th Street, Suite 503
Little Rock, Arkansas 72201
Telephone (501) 682-1105
Fax (501) 682-2221
IN THE MATTER OF:
RESTAURANT MIXED DRINK PERMIT NO. 18(MAX)
MIGUEL TORRES, PERMITTEE
DBA: CASA TORRES RESTAURANT
1673 N. COLLEGE AVENUE
FAYETTEVILLE, ARKANSAS
BOARD MEMBERS:
Ron Fuller, Chairman
Logan Hampton, Jr.
Tony Ellis
Patricia A. Cohee
J.J. Vigneault
ORDER PAID: 6 -a6 -os
There was considered by the Director, the matter pertaining to charges
filed against Restaurant Mixed Drink Permit No. 18(MAX), held by Miguel
Torres, Permittee, to do business as Casa Torres Restaurant, located at 1673 N.
College Avenue, Fayetteville, Arkansas. Said charges were as follows:
1.. That on or about March 23, 2005, your operator sold alcoholic
beverages to a minor, in violation of Ark. Code Ann. § 3-3-201 and
Section 3.19(4)A of the ABC Regulations, a Class B violation.
2. That on or about March 23, 2005, an inspection revealed that the
permitted outlet had no signed Server Awareness forms on file, in
violation of Section 1.79(31) of the ABC Regulations, a Class C.
violation.
The following findings are made, TO WIT:
That the permittee has failed to respond to an Offer of Settlement by the
response due date of May 5, 2005, and has thereby waived a hearing in the
matter.
Based on the above and foregoing findings, as well as filed pertinent
documents, it is concluded that there is sufficient substantial evidence
contained within the record to reflect that the alleged violations did, in fact,
occur. It is further concluded that the subject permit should be FINED in the
amount of six hundred dollars ($600.00), and placed on PROBATION for a
period of one (1) year.
•