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ABC License and Covington, Kentucky

Representing liquor retail establishment is very similar to criminal defense practice, with the caveat that your hearing is not by an impartial jury in Covington and is heard by only the ABC Board.  In the case with Tanzen Haus, it was clear that the Board (1 member abstaining) had made up their mind far in advance of the hearing this morning, having wanted to initially vote before any evidence or testimony was taken. The officer on duty did not testify.  Sgt. Jordan, who was present that evening, had great difficult recalling many specifics of the events.  He did recall that he saw a "shot girl" serving drinks, however could not recollect if the lights were on or off nor whether the music was on or off.  Angel Minton, the bar owner, testified that immediately hearing of an incident, she shut down the music and all lights were turned on.  Sgt. Jordan admitted that no individuals were cited for any illegal activities and the bar was not cited for any violations, "but they could have been." "You think when you make a deal with the city that they may honor that deal."  This is the first and only allegation of any disturbance since prior to the hearing in August when Tanzen Haus and the City came to an agreement.   Larry Klein, the city manager, seemed to concentrate that nothing in the Agreement prohibited the City of Covington from initiating proceedings.  The actual language of the Agreement is: "Nothing in the Order shall preclude the City from initiating a licensing proceeding pursuant to Covington Code for Ordinances § 111.025 and/or § 111.032 for any violations occurring after the date of this Order." Mr. Klein failed to consider that there were no violations for said ordinances and that Tanzen Haus was not cited for any alleged violations.  The city has failed to indicate which, if any, section(s) of the Ordinances that Tanzen Haus may have violated.  

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