An Enterprise bar has been denied its liquor license at its desired new location in the North Pointe Shopping Center due to opposition from parents at the nearby Enterprise School of Dance.
The Enterprise City Council chambers was standing room only during a public hearing June 5, as residents from both sides of the argument pleaded their case.
A bar known as Risky Business, currently located on Glover Avenue, has outgrown its current building and needs to move, said owner Tracy Brown.
In an effort to find a building to house the growing business, Brown requested a license at the old Effie's Cantina building within the shopping center.
During the meeting, one side of the room was filled with those in favor of the business receiving its license, while the other side was full of concerned parents and grandparents in opposition of the bar's move.
Opponents said the bar would be too close to the dance school and parents are concerned for the safety of students going in and out of the dance studio.
Petitions were signed by both parties, either in favor of Risky Business’ request or against, and were presented to the council members.
"In just four days time, we have gotten close to 643 signatures," Brown said. "We have a very large customer base and we are simply asking for the chance to grow and prosper in a place that will be sufficient for us."
Local attorney and parent Carmen Howell spoke on behalf of the concerned parents and grandparents in opposition.
"We do not begrudge Ms. Brown for wanting to move into a bigger building. We certainly understand that," Howell said. "The paramount concern is not their desire to expand their business, get better parking and have a better location -- the paramount concern is safety."
Howell said students arrive at the dance studio shortly after school is dismissed and stay there sometimes until 8 or 9 p.m., which is within the hours that Risky Business is open for business.
Brown argued that the old Effie's building was one of the first buildings established in the shopping center, and at the time, included a bar.
She also noted seven other businesses in the area currently hold liquor licenses.
"It's not like this is the only building in there that would have a license," Brown said. "I understand your concern, because we are a bar. We are not a restaurant, we are not a nail salon, we are a bar ... I have a hard time understanding why we would be denied when the building originally did have a liquor license and had a bar in there."
Brown asked the council to consider the bar's "good" track record and that the business is within the law and has followed the guidelines provided by the state and city to make the move.
"We are not menaces to society. We are good people," Brown said, adding the business works to patrol the outside of the bar and swiftly addresses any issues inside the bar.
When asked, city attorney Rainer Cotter said due to a potential conflict of interest he would not provide a legal opinion for the council on the matter, but did summarize what the city ordinance says concerning approval of liquor licenses.
The ordinance states the council is to look at factors including the wishes and desires of adjoining or adjacent property owners.
"The other factors that the law provides you look at are things like public safety. Is there a potential for there to be issues related to pedestrians, whether they be children or adults, out in the area of the particular applicant?" Cotter said.
Enterprise Police Chief T.D. Jones addressed the council to present a report on the number of incidents requiring attention from the Enterprise Police Department during the past two years.
Jones said officers have responded to 60 calls at Risky Business within that timeframe, including 10 disorderly calls, seven fights, with all but one of the fights being outside the bar, one assault and four auto burglaries, two public intoxication calls, two vandalism calls and three trespassing calls.
Jones also presented data regarding the police calls from restaurants currently in the North Pointe Shopping Center, which were fewer than Risky Business.
Pop's Oyster Bar had the most calls with two drunk driving calls, two disorderly persons, one fight, one domestic violence, one assault and two burglaries.
"You tend not to see the fight calls and drunk persons at a restaurant. They go in, eat a pizza, drink a couple beers and go home," Jones said. "There is a difference between a restaurant and a bar ... (A bar) just generates different types of calls."
The council continued to hear arguments from both sides.
Resident Sherry McCormick said other bars in town were located very close to a business that caters to children and young adults.
"I don't see those children being harmed by any of the happy hours," said McCormick, referring to the gymnastics business located near J.P.'s Lounge and Round Up bar in Morgan Square Mall. "Those children are safe there whenever they come out of Morgan Square, no matter the time of day or night, whether it be happy hour or not. We want them all to be safe and I believe they are safe at the gymnastics school with two bars right there inside of an enclosed building."
Resident Jim Gillhouse said those in favor of denying the license are imposing a double standard.
" (It's) a standard that the bar has a responsibility to police its own, which they do. That's a necessity. But yet the school has no need to police and control their children when they are outside of the building," Gillhouse said.
In the end, councilman Kirk Donaldson said it would only take one child, or one person being harmed, and he could not be comfortable casting a vote that could potentially lead to that.
" I know you have good clients going to bars, but you also attract people that are not, and you know that," Donaldson said, addressing those in favor of the liquor license. "One kid's life is not worth 100 bars in Enterprise. One kid being kidnapped by someone that went to a bar, or whatever. I'm not particularly worried about the D.U.I. or the responsible people who drink. I'm worried about those people that bars attract that are mischievous and mean being at those establishments, and it scares me to death," Donaldson said. "I don't believe I could sleep voting to pass a bar if something happened to a kid, and it might never happen, but there is always that chance, and that chance is one I'm not willing to take."
With that comment, Donaldson made a motion to deny the approval of the requested liquor license, which was seconded by councilmember Tommy Johnson and unanimously passed to the applause of the many parents in attendance.
Earlier in the meeting, Brown said it's difficult to find a building that has what she needs to run her business and didn't have a backup plan if her license request was denied.
*See video footage from the June 5 Enterprise City Council meeting in the attached YouTube video or on the homepage.
SDS posted at 7:49 pm on Thu, Jun 7, 2012.
If you are concerned about the children being abducted, raped or even killed could you please explain to me why the hotel has a a liquor license were these people can hide out at and why was Bama Jam given one...you have tons of people coming from everywhere.... people we dont know that will probably be staying at the motel across from the dance school but thats okay because it bringing revenue but the bands that Riskys bring into town and the followers they brings are the ones to be concern with...really? Guess their money doesnt mean nothing.DOUBLE STANDARDS
Kris H posted at 4:07 pm on Thu, Jun 7, 2012.
I would first like to say that I am extremely disappointed in our elected officials' decision on Tuesday evening regarding the vote to deny Risky Business' liquor license for Northpointe Center. I was indeed at the meeting as there is nowhere else I would have been, since I have been an employee of this establishment since it's beginning and before then. Having said that I am also a mother of a three year old son. I have never once in my life felt threatened by anyone of our customers in regard to "harming" him, if you will. Most of the people that frequent the "bar" are close friends if not more like family to not only me, but to him as well. While I was pregnant I took a leave of absence from my job there for health reasons as any "concerned" parent would. However, the outpouring of love and support from these "potentially threatening" people made most of them friends for life. In fact there are not many days that I work there that most of them ask how my son is doing. Does that sound threatening in any way?? To label "people who frequent bars" as threatening, child snatchers, or any other derogatory title is extremely absurd and un-called for. Shame on you! Everyone has the right to relax and let off steam after a hard day of "middle class" work and the city council should be down-right ashamed of themselves for that comment and vote. As for "bar people', I thank you for your continued support and business over the years and as for the "non-bar people", maybe you should get to know all of us LADIES that work there before you make a quick decision to judge. Oh, I did forget to mention that Risky Business Saloon is 100% woman owned, managed and staffed; and, we are ALL mothers!
pamela posted at 8:55 am on Thu, Jun 7, 2012.
I am seriously disappointed in the councils decision, but mostly I am disappointed in the labeling of people that go to a bar --- we go to Riskys to socialize and see great entertainment (lots of local bands). watch sports and yes most have a drink or two while there. You would be hard pressed to find any "deviants" there....most of well respected business owners, retired military etc. Just a true shame that Mr Donaldson wanted to take it there......Tracie we all support you and your right to grow and expand
Riskys.
SAM posted at 12:20 am on Thu, Jun 7, 2012.
Friends: this was a very emotional and passionate discussion last night at the city council meeting. Those who voiced their heart felt opinions and concerns were educated, grown adults who understood that views would be accepted or rejected and that the safety of children was the primary concern for the petition against. I chose to speak after I felt fairness was being denied. The fact is a precidence of safety involving not just one bar, but two, are side by side inside Morgan Square Mall and have Co-Existed with the Enterprise Gymnastics center for several years, to include sharing bathrooms together and the safety of children has never been an issue. My final thoughts of this matter concerns me greatly of the prejudices of our City Council. Mr. Donaldson, you stated you were NOT concerned with DUI's, but instead, the "bar people" who snatch up children and harm them in the dark. Sir, with all due respect, a child predator does not hang out at the local bar getting liquid courage before he preys upon our most innocent. They are meticulous evil groomers and planners. I know about bars and I unfortunately know about those who harm children in the dark as you say. As a society and even here in our neighboring counties, we are seeing that these crimes against children are being committed by those we have entrusted the most with our children. That gives us NO right however to make a judgement that interferes with our freedoms based upon a prejudice ie, not all teachers, priest, coaches uncles, and yes, even grandpas Mr Donaldson, rape and harm children. The city attorney stated legally, the responsibility of the Council was to evaluate the concerns of neighboring businesses and the safety of the people. The concerns were noted and represented by one business, an absolutely great business that I personally have tremendous love and admiration for- the Enterprise School of Dance- and those who teach the many gifts that dance brings, but the safety has been indeed established for many years that the two types of businesses can safely exist. Mr. Donaldson, "bar people" ... That's a prejudice. You made a decision as well as the rest of the panel based upon an implied assumption of "bad" by a particular group of "people". If the. Chief had presented a case of just one child as you said, being harmed by a bar/child predator at the location that has been co existing all these years, then case closed. Seems to me, the EPD, the owners of both places and most important, the parents are protecting the children. Risky Business deserved the opportunity to grow and prosper as well as a property that has been empty for years, to have a solid, home owned tenant. Alas, not meant to be. People got the opportunity to be heard. Whether you agree or not, was for or against, we all stood for something that was important. That's a great thing.
Jody posted at 11:17 pm on Wed, Jun 6, 2012.
Enterprise is supposed to be a military friendly town, i.e., being considered for being the most patriotic city in the country. I am a retired military officer and my wife and I retired in this community for those very reasons. We enjoy an occasional drink with friends. It seems now that we have been labeled as being guilty of socializing with devious, mischievous and mean people. The lack of prudent consideration of the facts in this situation changes my opinion of the "City of Progress." [sad]
jeanie bernas posted at 10:46 pm on Wed, Jun 6, 2012.
I found this to be a very hypocritical decision by half of the citizens that actually join the conversations around the bar at Risky Business. I have been involved in Risky Business for the years it has been Risky Business. I was also there when it was Tops, Tops II and Ugly Joes. The atmosphere is extremely friendly. Tracy, whom I have known for many years, works very hard to make certain her establishment is upstanding and held in the highest of regards. Her first and foremost concern is 'safety'. The friends and family who visit Risky Business work with Tracy in making certain the bar is safe inside and outside. Did anyone even ask her how she was going to insure the safety of the children and the others around the old Effie's building? I highly doubt it. In response to what Sherry McCormick said, whom has worked with children every since she was a high school student, has a valid point. I have gone to JP's and there are children in and out of that building constantly. Safety comes from, I would hope, the parents being responsible for the welfare of their own. Since when do we blame establishments for safety issues instead of the parents and grandparents. I would definitely research that question. I have children and they have participated in a number of events where there are bars around them, but I made certain I took care of them, as I have their 100% safety as my very own concern. Hypocrites. Figure out just who is responsible for the safety and welfare of the children and then come back with why that liquor license should be denied. You just knocked out a lot of taxes for the city of Enterprise. Not smart if you ask me. If you want business to boom in the Wiregrass area, denying a business something as valuable as a license isn't the way to do it. Hmmm.. but a a child abuser can live withing a certain range of children. One is probably scoping out that school of dance right now. Just saying, it's the parent's responsibility as well. Good Luck Risky Business ... You are awesome in every way.
Jeanie Bernas
Tracie Brown posted at 7:42 pm on Wed, Jun 6, 2012.
No one associated with Risky Business Saloon has a desire for anyone to ever be put in harms way. I am deeply saddened by the City Council's decision. However, I accept it. I will not be appealing the ruling. I hold no ill feelings towards those opposing our license request. I realize they are simply concerned for their childrens safety. I state again that the staff, and, the customers of Risky Business Saloon are good, respectable people.We run a clean operation. I am sorry that we will not be able to relocate to the North Pointe property. This is a major setback for us, but, I will continue my search for our new home. I wish The School of Dance, and, the parents nothing but the best.
Tracie Brown- Owner
Risky Business Saloon