Wednesday, November 28, 2007

3rd Street Mark Liquor License Revoked,
Business still open

Shelley forwarded me this ruling about the 3rd Street Mark liquor license. You can read the decision here, if you're into that sort of thing. I'll post the good part:

The Administrator hereby ADOPTS the Findings of Fact and Conclusions of Law and the Decision and Order proposed by the administrative law judge in this docket.

IT IS THEREFORE ORDERED that the Findings of Fact and Conclusions of Law and the Decision and Order in this docket are hereby AFFIRMED in their entirety. The application for renewal of liquor license number LE0001172, issued to F & S 3000, Inc., d/b/a 3rd Street Mart in Davenport, Iowa is hereby REVOKED.

Unfortunately, as of 5:15 or so this evening, the place was still very much open for business.

Update at 7:15am: Here's the QCTimes article


Anonymous said...

Could this ruling be a case of "all bark and no bite"? I do hope something comes of it before we the people have to force the issue.

Anonymous said...

We couldn't enforce a code or law in this city if it slapped up in the face and forced us.

Malin needs to go and we need some balls in that legal deprt.

Anonymous said...

I'm sure they'll be stopping soon, as it's not like this went under the radar.

Tory B said...

A bit of added information: two of the city's attorneys, including both that have worked on this case, were in training Wednesday when the decision was delivered.

City Administrator Craig Malin had not been given a copy of the ruling. The first he heard of it was when I called him, in the mid-afternoon on Thursday. He did say it would be the "top priority" Thursday a.m. when Attorney Tom Warner was back in the office.

Anonymous said...

And you believe what Malin said as the truth? Sounds like Tory will be getting some "on the job" training also.

Tory B said...

All I know is he sounded genuinely surprised when I told him about the ruling.

Also, the licensee's attorney said he didn't receive his copy until mid-afternoon either, so that jibes.

Regardless, it was highly unlikely that even had Warner et al been there that they would have sent the cops to close the place down immediately.

Bureacracy takes time, you know.

: )

Shelley said...

I was emailed the ruling-I've been bugging the ABD for a couple of years now. I received it at 12:17 yesterday afternoon. Knowing Tory's interest in the subject I sent it on to him. It looked like PD Chief Schaeffer and Tom Warner were copied as well-it doesn't surprise me the Craig Malin hadn't seen it yet when Tory called. My friend who lives two doors west of the Mart said they were closed a 8 p.m. last night (they are usually open far later than midnight most nights). A much quieter night for him and his neighbors. Now the issue going forward is getting the Iowa Legislature to provide greater local control over issuance and enforcement of standards for Class E licenses.

Shelley said...

Oh yeah-I sent it to QCI as well. It's an interesting document to read. The "new" owners are claiming that they didn't know about the felony status of their partner, but both the judge and the administrator make it clear they didn't buy it.

Anonymous said...

WOW, I was just over to the "Davenport Growing Paines" blog. Thomas Paine sure took the gloves off in regards to Keith Meyer. In a way I was glad to see someone taking Meyer to task with Keith's name calling, bullying, verbal insults to people on the blogs that do not see it Meyer's way. At least Mr. Paine has some b@lls!!!!