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Owner of 103 Ultra Lounge Robbie Snow will appear before district court in Bangor on June 11 to face two criminal charges of violations of life safety codes. Edward Archer, senior fire investigator of the state fire marshal’s office, issued the summons in a report at the Orono Town Council meeting Monday.
The council was “stalemated” in an attempt to cast a vote to possibly revoke 103 Ultra Lounge’s special amusement permit and victualer’s (food) license.
“We’ve never done this before,” Gordon said of the council’s license revocation hearing. 103 Ultra Lounge faced difficulties obtaining a license approval from the council in February – two meetings, hours of deliberation and a detailed plan from Snow were required for the eventual green light.
A compliance check on March 21 involving various local law enforcement and state agencies reported 845 patrons – an excess of the club’s 526-occupant capacity. Owner Robbie Snow reported 513 patrons that evening, monitored by a computer. The check was conducted by more than a dozen officers from state police, state fire marshal’s office, state liquor licensing and Orono, Old Town and Veazie law enforcements.
“There’s no way that there was 800,” Snow said. He monitors his establishment with 32 cameras and provided security tapes to the council, asking for a recount. In an interview, Snow’s attorney, Mike Harman, called for a police explanation of the discrepancy. Orono police chief Gary Duquette called the patron overage “painfully obvious” and “shoulder-to-shoulder, wall-to-wall.”
The hearing was circus-like, often with several speakers crowded around a podium, taking turns with the microphone.
Archer’s inability to answer specific questions about the violations until the district court proceedings led to complications. After a break 45 minutes into the hearing, town attorney Tom Russell advised the hearing be continued after the conclusion of Snow’s criminal case.
“It certainly would be improper to proceed without us being able to explore the facts behind these unproven allegations,” Harman said.
“It doesn’t appear we can move forward,” Russell agreed.
The council voted 6 – 1 in favor of a continuance, with councilwoman Cynthia Mehnert voting against.
Harman earlier moved for councilmen Gordon and Mark Haggerty to withdraw from the hearing after a recent meeting at the University of Maine where Gordon called Snow a “f—ing liar,” and Haggerty said he would encourage his daughters not to visit 103 Ultra Lounge. Harman called for the council to act with “the highest degree of impartiality,” twice asking for Gordon and Haggerty to recuse themselves. The council voted unanimously for both councilors to remain.
Gordon stood by his remark.
“My comment was in regard to [Snow's] testimony he gave during his licensing proceeding. I feel that he did misrepresent himself,” Gordon said.
“I did not become biased,” Haggerty said, citing his approval of Snow’s liquor license one month earlier.
Gordon verified with Archer that the state is prepared to monitor 103 Ultra Lounge until the hearing’s continuance, which likely will not occur until summer.
“I’m concerned about responsibility,” Gordon said. “I do not want a situation where we have life safety violations.”
Prior to the 103 Ultra Lounge hearing, Gordon was unanimously voted to continue his post as council chairman. Also, Woodman’s Bar & Grill had its liquor, victualer’s and special amusement permits renewed, and Stillwater One Stop had its victualer’s license renewed.
A Marsh Island deer hunt in October 2009 was unanimously passed after a presentation from the Department of Inland Fisheries and Wildlife, which indicated the level of deer on the island is a public safety concern. The hunt will be conducted exclusively by the Maine Bowhunters Association and aims “to establish some level of permanency in the deer reduction effort,” said Town Manager Catherine Conlow. University land will be off-limits for the hunt.
Town Planner Evan Richert spoke about continuing plans to redevelop the vacant Webster Mill property. A vote unanimously passed to authorize Town Manager Catherine Conlow to sign a memorandum of understanding with developers Deep Cove II, LLC, a predevelopment company set to explore the property’s possibilities.
