The Auburn City Council denied unanimous consent on the proposed new alcoholic beverage ordinance and related amendment to the business license ordinance Tuesday, Ward 5 Councilman Robin Kelly denied unanimous consent on both. But the City of Auburn’s latest attempt to change its liquor licensing was the last call for two local business owners.
Soon after the city council started debating changes to its licensing ordinances last month, brothers Pat and Dan Grider filed suit in United States District Court Middle District of Alabama. Their lawsuit against the city, specifically names Mayor Bill Ham Jr., Auburn Police Officers James Trey Neal III, Jason Crook, Christopher Carver, Sloane Maddox and Jason Sparks; Deputy Public Safety Director for Codes Andrew Meeks, Fire Inspector Thomas Massey, Public Safety Director William James, City Manager Charles Duggan Jr. and former city manager Douglas Watson.
Opelika attorney Davis Whittelsey publicly announced the suit before council members Tuesday night. He spoke during the citizens’ communications, not so much about the pending litigation, but what kind of repercussions the proposed changes to the current city ordinance would mean for his clients and their businesses.
The Griders currently own and operate Skybar, the Highlands and the Tavern—all in Auburn.
In the 38-page complaint, Whittelsey outlines a number of encounters the Griders have had with city officials and police officers since 2000, four years after they first opened their business on West Magnolia Avenue, the current site of Skybar. The attorney cites the defendants with a number of charges, including malicious prosecution, conspiracy, negligence and deceit. Everything the defendants have done was meant to put the Griders out of business, Whittelsey said. He claims the brothers are the most successful bar owners in Auburn.
During Tuesday’s meeting, Duggan said to Whittelsey that he would not comment on the pending litigation.
The ordinance was just one issue the Griders have against the city. Whittelsey said settling that matter would help, but would not solve all the problems in the suit.
The Griders are demanding judgement by jury trial and seeking damages.
Key revisions include up for change in the alcohol ordinance include:
- Bringing license types and fees into alignment with those of the State of Alabama’s Alcoholic Beverage Control Board.
- Changing the due date of alcoholic beverage licenses to coincide with the due date of business licenses.
- Clarification of the hours during which alcohol may be served.
- Establishments that sell liquor and fortified wine would subtract the gross receipts from these sales for the purpose of calculating their business license fee, which would be reduced.
- Establishments that purchase liquor and fortified wine from the State ABC Board would pay a monthly tax of 10% on these purchases.
- Elimination of the City’s food-to-alcohol ratio requirement, which has also been eliminated from State ABC Board requirements in favor of other evaluation criteria.