Delay in liquor license approval as manager takes over
By Kellen Olshefski
Correspondent
Someplace Else restaurant is expected to continue business as usual for at least an additional 60 days while its new owner works to submit a new application for a liquor license.
Current owners Kris and Denny Mohr are looking to get out of the restaurant game, and selling the business to the manager at Someplace Else, Kathryn Duckworth.
The City of Elkhorn Common Council ultimately voted to deny Duckworth’s liquor application Aug. 6 because of some concerns with the current application, though the Council expects to review and approve a resubmitted application in the near future.
For now, Duckworth will take over the business on a provisional license that will allow her to continue running the restaurant for a period of 60 days under state statutes.
Attorney Scott Christian, representing the Mohr’s and Duckworth, said that they had previously submitted a liquor license application for Someplace Else II, a slight name change from the Mohr’s operation, and at that time, the application had an additional owner’s name on it. Because of prior alcohol-related convictions with that additional owner, the Legislative and Regulatory Committee recommended the Council deny the application.
Christian said Duckworth will be the sole owner of Someplace Else II, which is reflected in a new application for the liquor license expected to make its way to the committee soon.
He said while the other applicant from the denied license will own the building that houses the restaurant with Duckworth, the restaurant itself will be operated under a different LLC solely by Duckworth. He further explained the space for the restaurant will be leased from Duckworth and the other building owner and therefore, should have no effect on whether or not Duckworth can obtain a liquor license.
With a transaction pending on the sale of the business, Christian said at the meeting his clients were hoping for a solution to the liquor license concerns so the process could continue moving forward. He said 60-day provisional licenses are allowed under state statutes and will allow the sale to be completed and continue operating while Duckworth goes through the process of submitting a new liquor license application.
“It will allow us and her to operate the restaurant fairly quickly here and give a chance for the committee to approve this under the right scenario,” Christian said.
The provisional license process would be handled and approved by City Clerk Cairie Virrueta. City Attorney Ward Phillips said the provisional license would allow the business to continue moving forward until a new license is approved. Phillips said if the actual license isn’t approved by the Council before the end of the 60-day provisional period, the restaurant would have to close at that time.
“The city is at no risk whatsoever other than having an empty corner,” Phillips said.
Phillips also noted that with a landlord-tenant situation, he doesn’t view the fact that the landlord is someone who would not be able to hold a liquor license as a basis for the council to be able to approve or deny a liquor license for a restaurant renting from said landlord.
As such, the council voted to deny the liquor license application with the other landlord’s name listed as a co-owner of the business, with the intent to review the resubmitted application with Duckworth listed as the sole owner of the business.
