By Tyler Lamb
Editor
The Elkhorn Common Council dealt a blow to a troubled city bar, voting 5-0 Monday night to revoke the liquor license of The Reddroom, effectively shutting it down.
Alderman Jim D’Alessandro recused himself from the vote due personal dealings with the bar.
Municipal code stipulates a demerit point system and specific penalties based on the number of demerit points assessed by the city for establishments holding a liquor license.
According to testimony provided by Capt. Jon Anzalone of the Elkhorn Police Department, 925 demerit points were initially assessed against the Reddroom for multiple violations of municipal code and state law between March 14 and June 16.
Anzalone’s complaint further alleged The Reddroom is “disorderly or riotous, indecent or improper house” in accordance to state statues.
Municipal code decrees a liquor license holder can compile 275 demerit points within a 24-month period before revocation is required.
A July 8 city hearing on the complaints concluded 600 demerit points should be assessed against The Reddroom for violations of municipal and state law.
As a result of the city’s decision to assess 600 demerit points, for violations that occurred within a three-month period, revocation was sought.
However, the city’s finding of fact was not provided to The Reddroom until July 18, and The Reddroom’s attorney filed an objection to the city’s recommendation on July 15. Due to the objection, a memorandum of fact was provided to the city council.
Findings of fact
According to the memorandum, “The City of Elkhorn Police Department has been called to The Reddroom premises on multiple occasions for various complaints.”
The context of these complaints range from multiple calls to remove “drunk and belligerent” patrons to the bar itself being open after hours and serving patrons. The memorandum also noted a high number of drunk driving arrests of patrons departing the bar.
In a separate memorandum to the city council, Timothy Swatek, attorney for The Reddroom, said the bar’s liquor license was recently renewed with “all of the allegations known.”
According to city minutes, a liquor license was approved during a June 3 city council meeting.
Furthermore, Swatek alleged several of events provided in testimony by Anzalone never received citations.
“Capt. Anzalone testified that on March 17, 2013 there was a person who took a pitcher of beer outside of The Reddroom,” Swatek wrote. “No citation was issued to The Reddroom. He then testified of a fight on March 21, 2013. No citations were issued to The Reddroom.
“On page 7 the captain testified of fight on the alley of The Reddroom,” he continued. “Again no citations issued to The Reddroom. He further indicated citations were issued to the combatants.”
Other matters
• Sunset Pool referendum. The city council approved a resolution authorizing a referendum election on Nov. 5 for Sunset Pool.
• Conditional Use Permit. A conditional use permit was unanimously approved for Jones Lakes Area Real Estate, LLC.
