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ABC ENFORCEMENT AGENT BREAKING RULES ADVERSELY IMPACTS APPLICATIONS OF TWO SEARCY RESTAURANTS PRIVATE CLUB PERMITS

AGENT SHELBY CLARK - HIS BAD ADVICE PREVENTED PERMITS
 


When ABC Enforcement Agent Shelby Clark told two Searcy permit applicants to place a notice away from the entrance to their restaurants, little did the two applicants realize that would be held against them and cause their applications to be denied. 

The ABC Administrative Director denied a private club permits to El Almacen Mexican Restaurant and  The Rock House in Searcy, based on questionable objections by city officials.

Both appealed the Director's decisions to the ABC Board.

Last week the ABC Board upheld the Director's decision to deny a permit for El Almacen, but The Rock House was able to get the ABC Board to override the Director's decision and grant a private club permit.

A factor that was overlooked in the El Almacen appeal, but not in the case of  The Rock House was the actions of Agent Clark.

Agent Clark advised both applicants to place the required notice away from the front entrance.  Advice that violates agency policy and Arkansas law. Advise that had an adverse impact on two business establishments.


El Almacen's appeal was heard first and at the conclusion of presentations by the applicant, and those in opposition, ABC Board Chairman Daniel Greenberg made a motion to deny El Almacen a permit based on the technical failure to post the notice in compliance with state law and ABC procedural regulations. 

DANIEL GREENBERG - ABC BOARD CHAIRMAN


The El Almacen hearing lasted about a little over 5 hours. Then it was The Rock House's turn.

Growing weary of their appointed duties, the ABC Board decided to enter the majority of the testimony from the El Almacen hearing into the record for the appeal of the Director's decision to deny The Rock House a permit as a lot of the testimony of the opposition would be the same.

In the hearing for The Rock House, it was revealed that Agent Clark had instructed Amanda Elston, the applicant for the Rock House permit, to move the required notice from the front door to a side window because the tape was not sticking to the surface of the door. In fact, Agent Clark is the one that attempted to tape the notice to the door and when it wouldn't stay on it, he had Elston put it on a window on the side of the building.


AGENT CLARK'S REFLECTION CAN BE SEEN IN THE PHOTO HE TOOK OF ELSTON AND HER NOTICE

AGENT CLARK'S HAND AND PHONE ARE SEEN REFLECTED IN THE WINDOW



Greenberg stated "it's one thing if you [Elston] picked it...it's another thing if the agent picked it."

At the end of the two hour hearing for The Rock House,  ABC Board member Mickey Powell made a motion to approve the permit for The Rock House.

MICKEY POWELL - ABC BOARD MEMBER


All board members voted to approve the issuance of the permit.

The same attorney represent both El Almacen and The Rock House, Harry Truman Moore.


HARRY TRUMAN MOORE - ATTORNEY FOR EL ALMACEN & THE ROCK HOUSE

Moore requested that the ABC Board reconsider the denial of the permit for El Almacen as the applicant for that permit, Alisha Jones, had also stated that she had been instructed to place the notice away from the front entrance by Agent Clark.

Chairman Greenberg stated that he would consider revisiting the decision about Jones application at the next board meeting in September, if the recording of the hearing confirmed that Jones had made such a statement.

JONES AND HER NOTICE AT EL ALMACEN - PHOTO TAKEN BY AGENT CLARK




Even if Agent Clark had not instructed Jones and Elston to place the notices on the windows, he was obligated to tell them where to correctly place them.

Tainted ABC Enforcement Director Boyce Hamlet is responsible for the actions of his agents and should hold Agent Clark accountable for his infractions.

The ABC Board needs to do the right thing and grant El Almacen its private club permit and caution Agent Clark to not break the rules and law.

The arguments for and against each permit were exactly the same.  We know because we have reviewed the complete files for each application.


The objections by public officials for these two establishments will be the focus our our next post. 



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Our previous post about El Almacen:

Our Previous posts about Agent Clark:





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