(Published Tuesday, September 11, 2007 11:44:46 AM CST)
A d v e r t i s e m e n t
By Marcia Nelesen mnelesen@gazetteextra.com
Any liquor license revocation hearing against the owner of Spankys could be moot.
Police reported early Sunday morning that the power had been shut off at the building at 18-24 S. River St. And, earlier reports indicated that Mary Gorniak was behind in her rent.
Police Chief Neil Mahan had recommended that Gorniak's liquor license be suspended for 30 days because of numerous police calls to the downtown bar since it opened in March. Janesville's alcohol license advisory committee recommended to the council that it be revoked.
The license is held by Spankys LLC, whose sole member is Gorniak.
Gorniak would retain the license even if the downtown bar closes and could ask the council to transfer the license to another site.
But council policy allows transfers only under unusual and unforeseen circumstances, said Jean Wulf, city clerk.
Mahan said after Monday's council meeting that he would file a formal complaint-the first step in any hearing-once the timeline for the hearing is coordinated with the council.
The council has three to 10 days to hold a hearing once the complaint is filed.
Meanwhile, he said the power at the downtown bar was shut off this weekend and the business was not operating.
According to a police report, officers found about 15 people at Spankys at about 1 a.m. Sunday.
The lights were out, and they were using candles and flashlights and had also strung an extension cord from the apartment upstairs.
According to the police report, owner Mary Gorniak told the police that those present were helping her move out. Members of the group were drinking but no drinks were being sold.
On Monday, City Manager Steve Sheiffer reviewed the suspension or revocation steps to the council.
First, the city clerk must receive a sworn written complaint that must specify alleged violations to state law or ordinance.
Typically, that is brought by the police chief, Sheiffer said, although any resident can file a complaint.
The council must then conduct a quasi-judicial hearing during which both sides present evidence. The council decides the penalty.
The complaint that is filed must indicate that the licensee has violated one or more of the provisions contained within state statutes or city ordinances.
According to the city clerk, Jean Wulf, they include:
-- Keeping or maintaining a disorderly or riotous, indecent or improper house
-- Selling or giving away alcohol to known habitual drunkards
-- Not possessing the qualifications required under statutes
Gorniak was at Monday's meeting but afterward declined to comment.
