Ultra Lounge faces liquor hurdle

The Orono Town Council denied a liquor license renewal to 103 Ultra Lounge at its February meeting Monday night.

Citing excessive reports of violence and extreme intoxication on club property and doubts about the restaurant aspect of the business, the council voted 6-1 against recommending the renewal to the state liquor control board which has the final word. Councilwoman Judy Sullivan was the only member to vote in favor of the establishment, owned and operated by Rob Snow.

“I was looking very hard for any reason not to vote against [renewal],” Councilwoman Cynthia Mehnert said.

Mehnert and the other councilors received a report compiled by Orono Police Chief Gary Duquette detailing incidents at the club in the past year ranging from transportation of alcohol by a minor to severe intoxication requiring medical assistance, some as recently as last month.

One incident councilors referred to numerous times occurred in December 2009 and involved an underage unconscious male in the bathroom with his pants down around his ankles and covered in his own vomit, according to an incident report.

The club’s bouncers broke through the locked door and called an ambulance for the teen, who was subsequently charged with illegal possession of alcohol by a minor by consumption.

“I don’t care if he has a hundred incidents. I care about what the incidents are,” Duquette said.

In response to the report and councilors’ questions, Snow defended the club for nearly an hour and a half, citing the decrease in police incident reports from 70 last year to 45 this year as evidence of positive steps taken by management to address problems.

But the councilors and police officials were not convinced any substantial action had been taken.

“Overall, are we seeing an improvement here from last year?” Councilman Thomas Spitz asked.

“I don’t consider this an improvement — no,” Duquette replied.

The council repeatedly took issue with the specific license Snow is applying for, a Class XI Restaurant/Lounge Malt, Spirituous & Vinous Liquor License, which would allow minors to be admitted to the club while alcohol was being served for concerts and other events.

Under the requirements of this license, the business “must offer food for sale during all times they are serving liquor,” a stipulation the council did not feel was being met. A compliance check performed by Orono police in March 2009 revealed a cold deep-fryer and a kitchen Duquette described as a “ghost town.” This indicated to the council that the restaurant part of the establishment was not in regular operation.

Snow cited the availability of menus at both the restaurant and the club bar. He said while it may have been true the fryer was not on, the stove could be turned on and any range of food items could be prepared.

When Councilman Tom Perry asked if food was regularly being offered while liquor was for sale, Snow quickly responded with a story about club patrons spending more than $120 at the restaurant during a recent concert.

“I mean, that’s a Friday night, at a concert, people ordering food,” Snow said.

He also mentioned the difference between demand for and availability of food for sale, saying he cannot make his patrons purchase items from the menu.

“What you’re saying is that just because you don’t serve food doesn’t mean you are not able to serve food,” Sullivan said. “If people don’t order it, obviously you don’t serve it, but it is there to serve if ordered.”

A revenue report also showed a wide disparity between the amounts of money generated by food sales in comparison to the figures for alcohol. While the club made $99,360 in alcohol sales last year, food sales were less than a third of that figure at $29,310.

“I don’t believe you operate as a restaurant,” Gordon told Snow.

Snow said his sales still exceeded the $20,000 minimum required by state law for a Class XI permit.

Despite the council’s concern with the restaurant aspect of the business in relation to the liquor license, they unanimously approved a permit request to allow the continued selling of food on the premises. In addition, the council granted a permit to allow special entertainment such as dancing and live music.

Snow has 15 days to appeal the liquor license application to the state Bureau of Liquor Licensing and Compliance. He explained to the council before the vote that once a municipality has turned down a renewal request, a license is rarely granted upon appeal.

In their closing remarks, council members voiced objection to renewal on the basis of the repeated instances of violence at the club that created an unsafe environment that did not need the additional problems commonly associated with alcohol.

“I just don’t think it’s safe for the community,” Spitz said.

CORRECTION:
An earlier version of this article did not make clear that Orono Town Council has only recommended to the state that 103 Ultra Lounge's liquor license not be renewed; the lounge is still serving alcohol.

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This entry was posted on Thursday, February 11th, 2010, 3:23 am. You can follow any responses to this article through the RSS feed.