Hatch Special Board Meeting
November 22, 2016
Board Present: Mayor Duane Barnhurst, Chad Justus, Tony Dinges, Kevin Eldredge and Ben Neilson
Staff Present: Lewis Barney & Jacie Torgersen
1. Meeting Called to Order
The meeting began at 7pm with Lewis Barney offering an opening prayer and Mayor Barnhurst leading those present in the pledge.
2. Petitions, Remonstrations and Communications
5.1 Kevin Mackaben – Club Liquor License
Mayor Barnhurst met with Barry Huntington, the town’s attorney. The town does not have an audio recording of the June 2016 meeting; there was a malfunction with the equipment. The town does have a copy of the agenda and meeting minutes and there was not a request for a liquor license for the Mountain Ridge on the agenda or in the minutes. Jacie Torgersen checked 2 months prior to that also and did not find anything. According to the attorney Mayor Ron Riggs signature on the club license application is null and void. He cannot sign the document without it having been on the agenda and voted on by the town council. Councilor Neilson motioned to void the club liquor license that was signed by Mayor Riggs on June 15, 2016 to Kevin Mackaben because it was not voted on by the council and was not on the agenda. Councilor Justus said he is not voting against the club liquor license, just against the fact that it was not done properly. Councilor Dinges is not sure that the license is really null and void so he will not vote to void the club license that was originally issued. Jacie Torgersen said that the town could contact the Utah League of Cities & Towns for another attorney’s opinion if they would like. Councilor Justus seconded the motion to deny the original liquor license club application to Kevin Mackaben.
Roll Call Vote:
Tony Dinges – No
Ben Neilson – Yes
Chad Justus – Yes
Kevin Eldredge – Yes
The club liquor license was voted on and considered null and void with a 3-1 vote.
Mayor Barnhurst said that he would like to do what is best for the community. There are a lot of strong opinions concerning this matter. The new application for a Club Liquor License for Kevin Mackaben is for 138 N Main. He has this property under contract for purchase. It would be for a seasonal license which would run from May 1 – October 31. Only individuals who are 21 years old and older would be allowed into the establishment. The DABC only issues a club license for every 7, 850 people in the state. There is only 1 seasonal license available at this time. Mr. Mackaben has provided a copy of the certificate of liability insurance, a copy of the bond and a release from for a background check.
Mayor Barnhurst reviewed some information in the town’s code book under 3-1-13. The town can revoke a business license for failure to comply and unlawful activity. The council also reviewed all the information listed on liquor licenses for the town.
Councilor Neilson said that since Mr. Mackaben is seeking one license for Grandma’s Attic and the other one is null and void he feels that the town should go forward with the process starting at step one.
Councilor Dinges said the license meets the requirements and the distances. It would be another business open in the town and would help the town. If it is a detriment to the town in the future then the license can be denied at a later point in time.
Councilor Justus feels that if the requirements are met the town cannot pick and choose where and what business we want in town. He was already given initial permission with the first license and the town should move forward with it.
Councilor Eldredge feels that we should hold another meeting and allow public comment and opinion. If the town allows a bar in the center of town then that will create an image for the town. Is this the image that we want? Hatch was a dry town for years and many residents were very proud of that. The town did pass an ordinance to change that a few years ago but is this really what the residents of the town want? Councilor Eldredge feels:
1. If we move forward there should be an open & public meeting on a bar in town.
2. Mr. Mackaben has threatened litigation against the town if we didn’t pass it.
Lewis Barney said that the property is zoned commercial. Mayor Barnhurst feels that a club liquor license is a different thing than the liquor license that is at Tony’s Outpost where they purchase alcohol. This license is for social drinking. This is being talked about in other communities in the county. The town knows the zoning, has reviewed the code and knows what the request is. Mr. Mackaben is a good guy and he has made Mountain Ridge look very nice. Barry Huntington said that the town could have him apply for a conditional use permit but Mayor Barnhurst does not think we need to do that. He feels that the town has the information to vote on the permit.
Lewis Barney said the town is allowing him to apply for the permit from the state, they aren’t actually granting him the liquor license. Councilor Dinges said that if there are problems we can fall back on our ordinances and take care of the problems. Councilor Neilson wanted to know if there is anything in the ordinances to do with noise level. We could not find anything at the time, but we can fall back on county and state ordinances for that. Mr. Mackaben’s bar is called the Pig Pen in Park City. Councilor Eldredge asked if the town could have a say in the name of the business and the image that the name would portray.
Councilor Dinges motioned to approve the local consent form for the Club Liquor License for a seasonal permit for 138 N Main for Kevin Mackaben if he acquires the property and Chad Justus seconded the motion conditional on the fact that it doesn’t create a problem with the kind of clientele in brings into town.
Roll Call Vote:
Ben Neilson – Yes
Tony Dinges – Yes
Chad Justus – Yes
Kevin Eldredge – No
Mayor Barnhurst would like to be on record that he also voted against. The local consent application passed with a 3-2 vote and Mayor Barnhurst signed the application. Jacie Torgersen will contact Mr. Mackaben to let him know and get him the copy of the license.
3. New Business
4. Adjournment
Mayor Barnhurst thanked everyone for their orderly conduct in making a difficult decision tonight.
Councilor Dinges motioned to adjourn the meeting at 7:45pm and Councilor Eldredge seconded the motion, the vote was unanimous.
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