Board votes 3-2 to permanently revoke Arkansas nightclub's liquor license

A popular late-night country bar in Hot Springs saw its liquor license yanked permanently Wednesday by the state Alcoholic Beverage Control board.

After a nearly four-hour hearing, the board voted 3-to-2 to uphold then-Director Mary Robin Casteel's Oct. 10 decision to revoke the beer-on-premises permit held by Boot Scooters Kountry Club at 421 Broadway in Hot Springs.

The club -- which has one of the few permits in the state that allows it to stay open until 5 a.m. -- was cited dozens of times in the past with numerous violations, such as serving alcohol to minors, repeatedly selling alcohol to intoxicated patrons and excessive force by security personnel.

The permit was suspended Sept. 25 after repeated violations despite assurances from its operators that safety measures had been implemented.

Three board members -- Pamela DePreist, Jamie Anderson and Steven Smith -- voted after a brief break to uphold Casteel's revocation. Board member Mickey Powell and Chairman Freddie Black voted to keep the bar open with conditions.

Anderson pointed to state alcohol agents and Hot Springs Police Department officers on the front row and said he couldn't in good conscience vote to keep the club open.

"It's hard for us to look at these ladies and gentlemen and tell them we're going to continue to put them at risk and the public at risk," Anderson said. "Those are things we have to consider."

Hot Springs Police Chief Jason Stachey told the board by telephone during the meeting that Boot Scooters is the "worst" club in Hot Springs when it comes to requiring police manpower. Police are called there more than any other club, Stachey said.

In the summer of 2017, Hot Springs officers responded to shots fired outside the club and found Timothy Martin, 37, fatally shot. A female patron was injured after a bar bouncer knocked her to the ground on Aug. 26.

"On a near weekly basis, law enforcement officers have witnessed patrons becoming intoxicated in the club to the point of illness and inability to stand or walk," Casteel said in a Sept. 25 letter.

Agent Stephanie Powell choked back tears as she told the board Wednesday that in her six years with the agency she's never seen a worse case than Boot Scooters.

"It's our job to make sure it's safe," Powell said. "I take that very, very seriously. I'm here to protect patrons from places like this."

Randy Whitehead, the owner of the bar since May 25, asked the board to consider other alternatives such as giving the bar 30 days to institute safety measures; hire a new manager and staff; and let agents inspect the club before it's opened.

"We have been punished. We've been punished severely," Whitehead said.

"We're going to reward bad behavior by sweeping it under the rug?" Mickey Powell responded. Powell suggested reducing the club's operating hours to end at 2 a.m., placing the club on a one-year probation and fining it $7,500. He also proposed not allowing the club to open for 60 days and allowing it to reopen only after a thorough inspection by agents to ensure the club was in compliance with state regulations.

Black, the chairman, made a motion similar to Powell's suggestion; one of the differences was that he proposed a $9,000 fine. The motion died without passing.

Metro on 12/13/2018

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