Rob Ware
After a called City Council meeting concluded with a 3-1 vote to suspend the Waterclub’s license to serve, Ware sent a formal letter to Cave Spring City Clerk Judy Dickinson on Wednesday, July 11, vetoing the Council’s decision.
“I have decided to veto the City Council action of July 9, 2012, which suspended the alcohol serving privileges of the Water Club for three (3) working days,” Ware wrote in the letter. “The reason for my veto is that the punishment for violation of the respective ordinance was excessive given their violation.”
Ware said on Friday that he did what he thought was the right thing to do.
“In the meeting, I said an appropriate punishment would be to write them a letter of warning stating that if there were any further violations, we would suspend their license to serve,” Ware said. “There was really only one clearly proven violation, and it was the one they admitted to.”
The Council has 30 days to try to override the veto with a four-fifths vote.
Waterclub is owned by restaurateurs Jeff and K.C. Myers, and Jeff Myers said he thought Ware decided to veto the suspension because he was looking out for the city’s best interest.
“That’s great news,” he said. “I think the reason he (vetoed) it was because for two of the citations there was no concrete evidence. I think if he had decided to move forward on that, it would have created bigger problems for the city.”
During Monday’s meeting, council members Mary Littlejohn and Ken Landers maintained that on more than one occasion they witnessed the violation of three ordinances that state the restaurant cannot advertise their sale of alcohol outside, that customers cannot consume alcohol outside and that the restaurant cannot serve alcohol after 10 p.m.
However, there was no substantial evidence customers consumed alcohol outdoors or that the Waterclub served alcohol past 10 p.m. There was only speculation because Landers claimed to have seen wine glasses outside and Littlejohn maintained the restaurant’s lights remained on past 10 p.m.
At Monday’s meeting the Myers told the council that employees were still serving food to customers that came after 9 p.m. and lights also had to remain on late for employees to clean up.
Having lights on in the restaurant past 10 p.m. gives probable cause to believe alcohol is still being served indoors, according to the ordinance.
“The ordinance doesn’t say that you can’t be open past 10 o’clock,” Attorney Zach Burkhalter clarified at Monday’s meeting. “The ordinance says that if you are open to the public past 10 o’clock, then that constitutes evidence that alcohol is being consumed on the premises. It just creates the legal presumption that alcohol is being served in violation of the ordinance.”
K.C. Myers said Friday that the past four days had been a surreal experience for her and her husband, who were drawn to the little city of Cave Spring because of its beautiful landscape and water source. Cave Spring, she said, was also a great place for the couple to raise their children.
She was floored by the community’s support of the restaurant, she said, and since their business opened in February she and her husband had wanted to bring great, quality dining to Cave Spring.
“It’s wonderful to have the support that’s happening here,” she said. “I’m shocked it’s gotten to this point; this town really wants to see change, more and more. There are people coming out of the woodwork professing genuine feelings that they’re glad we’re here. In a nutshell, I’m feeling the love from Cave Spring.”
Ecclesiastes 9:7
Seriously, who gives a crap if the Water Club is open past 10 pm. And the post about not wanting deaf people to drink and drive was positively insultingly rude.
Every time I have been to the town every store is closed. Not that I want to buy someone else's junk doused with moth balls. And its hilarious because they want you to "shop local". Yeah, sure, open normal hours and get some decent merchandise and people might.
And the service, wow. We waited 90 minutes for a hamburger and fries at that run down creekside diner this summer.
Water Club is the only thing that town has going for it. Hope it survives the Tyranny of Trash.
As for the Creekside place you ate...if drugs had been on your agenda you would have been served a whole lot quicker. That is one nasty place as well.
Once we get rid of Littlejohn the town can be resurrected. Until then a good bypass is Spout Springs Road.
So, let's get this straight. A couple of council members (Littlejohn and Landers) want a bar (the Waterhole) to abide by city ordinances and vote to penalize them for not upholding community standards and certain people in the town want to oust these council members? O.k. so, I guess the next logical question is: Do the people who are trying to oust these council members (for doing their job) have a vested interest in the bar? Are they shareholders, patrons, or friends of the owner of the bar? (If Littlejohn and Landers get ousted, I suggest they run for office in Rome and do some "cleaning up" in Rome where crime, drunkedness, and other un-Christian behaviors are on the rise). By the way, it seems strange that the mayor is not supporting his council members decisions unless he also has an interest in the bar or maybe he is up for election and fears that Landers or Littlejohn might oust him in an election? Hmmm....small town politics...soooo exciting (not really).
In the end it is all about money, period. Someone is making money off of alcohol sales in Cave Springs and the town has to decide whether the money is more important than the integrity, safety, and well-being of the community. Let's see what the town decides: Money or Morality. (My guess is that money will win over morality - it usually does).
Then this past week, the mayor vetoes the mere 3-day license suspension saying that it's excessive and there was no concrete "evidence". YET... on June 10th, a story posted
in the RN-T where it explicitly an unequivocally states:
"The Meyers ............ admitted that they had a chalkboard sign outside that did advertise their sale of wine and beer. (Violation #1)
“When that was brought to our attention, we brought that inside immediately,” Jeff Meyers told the council. “Certainly, that was out front, but you won’t see it again.” (Admitted to Violation #1)
Landers brought up an incident on June 23 when he saw six to eight people sitting outside at about 10:30 p.m. with wine glasses at their table. (Violation #2)
Landers went inside and told the Meyers they were violating another ordinance.
Jeff Meyers said after that night, a sign was put near the door telling customers, “Please, no alcohol outside.” (Admitted to Violation #2)
And yet, here, in the past two stories, "Citizens felt", Haney said, "that there was no concrete evidence that the Waterclub violated the ordinances" .... AND .... "However, there was no substantial evidence customers consumed alcohol outdoors or that the Waterclub served alcohol past 10 p.m. There was only speculation because Landers claimed to have seen wine glasses outside..."
----- BUT WAIT A MINUTE ----
I guess ADMITTING to violations does not constitute "concrete evidence"... so yes Please OUST Landers and Littlejohn (and the third unnamed council person who voted to suspend the license) since they are all obviously crazy, are making up lies, and have no "concrete evidence" of any violations (in spite of the fact that the owners admitted to at least two violations).
The mayor of that po-dunk town is obviously a righteous, enlightened and upstanding citizen who listens to the facts with complete objectivity and vetoes council decision based on "concrete reasoning"....
O.k., I am done. There is a small town in Oregon and another in Arkansas, which have even more ridiculous stories and even more uneducated and more unreasonable people that those in Cave Spring. But you did make the top 10 list Cave Spring - Congratulations..!!!! But you were still topped by the following stories:
(1) In Oregon, a state representative is being intimidated and harassed by a local community watch group for introducing a bill that bans "Neigborhood Watch" members from carrying assault rifles and wearing camouflage outfits during neighborhood patrols (It was apparently scaring the neighborhood children). Those who oppose the bill and are accused on intimidating the state representative claim it's their 2nd Amendment right to carry assault rifles and wear military uniforms in the small quiet suburb neighborhood.
(2) In Arkansas a drunk guy shot himself in the foot with a perfectly good rifle and is now trying to sue the gun manufacturer for not putting a special warning label in the operator's instructions warning of the dangers of operating a firearm while under the influence of alcohol.
bye.
In other news did you here that Bob Williams Dodge has been sold to Terry Reid. Rome News has benn scooped, yet again
1.) The sign outside advertising specials beer & wine was one violation of a ordinance.
2.) There was a VISUAL REPORT of someone -- possibly customer -- being seen outside with wine glass assumed to contain wine.
These things were reported and prompted the visit by Ken Landers and the verbal warning. The Myers apologized. Posted a sign inside the restaurant saying, "no alcohol outside."
Time passes. Eyes start watching from...somewhere.
A call goes to the Cave Spring police that there are folks outside at the Waterclub drinking. The police arrive and there is no alcohol. This is what the incident report says. Never the less, the Council sends paperwork about revoking the license.
Getting more clear yet?
BTW. There are no investors in the Waterclub.
There are Cave Spring folks who benefit. The local employees who have jobs. The local businesses (such as the Bank, the family that owns that building, etc.) to whom the Myers pay money, or from whom they buy products etc.
Probably every small business in town has benefited from pass through purchases. This weekend I saw customers buy from The Peddler, County Cousins, and the produce store.
So....shut them down and you trickle down hurt a lot of other people in Cave Spring.
Shut them down when it is appropriate. And legal. And ethical.
There are other targets that need work from this Council. Slum lords. dark doorways that are health hazards, and more.
It is also very difficult for council members to bear down on the slumlords of this town when they are going to church with them on Sunday morning, one of famous "slumlords" is our very own ex-mayor. I rode around town this afternoon and some of the commenters are so correct, this town is run slap down. Mill street should be razed from 411 to the city limit sign. The old school for the deaf is one good storm from falling in on itself and that group of buildings next to the waterclub, bulldoze them. Not to mention Broad street. This town is slowly killing itself.
First of all, it doesn't seem that this has much to do with the "Watering Hole". It is about honesty, integrity, truthfulness.
Look, naming a place the "Watering Hole" or "Waterhole" or whatever is an advertisement in itself that this is a bar. Google how many restaurants across the USA have the name the "Waterhole" and then google how many bars have this name or very similar names. But that doesn't really matter. The fact is that "ignorance of the law is no excuse for breaking the law". And, the owners admitted in a public newspaper that they had violated at least one ordinance. So, fine, take your medicine and move on - for goodness sake's it's a 3-day suspension. It's not like they are permanently revoking your alcohol license.
And, then there was another post that said another business in town was not only suspended for 3-days but received a $1200 fine. I don't know if this is true or not - but if it is - I bet the owners of that business aren't buddies with the mayor or are gay or minorities or something that didn't give them the same mayoral veto that this Waterhole is getting.
And, the idea that folks were outside with wine glasses after 10 p.m. and were "not drinking" --- come on! Yeh, I am sure that they had orange juice in those wine glasses. So, again, take your medicine (3-days suspension) and move on.
But this isn't really the problem. The problem is the same problem that we have all over this country. You've got sleazy politicians, local business people, and folks that work "behind the scenes" (e.g., the referenced "slumlords") that are ruining the fabric of America. I don't live in Cave Spring, don't know the mayor, the owners of the bar, etc. but this is a typical story that is plaguing our nation.
I looked at pictures of these people on the web and granted I am going to make some wild assumptions but it looks like the mayor has had a few beers in his time and probably has hung out with buddies at this bar. The council lady looks like a grandma who has probably never had a beer at the WateringHole. Given that you are in the "bible belt", my guess is that you have a few conservative people on your council AND YOU VOTED THEM IN. So, why does everyone act soooo freakin' surprised when conservative council members vote against activity that, to them, looks like it could be the beginning of unhealthy behavior for the small town.
That is what is amazing to me. "Conservative-Christian" towns all across America picking and choosing when they should be conservative Christian and when it's o.k. not to be. The Jeckyl-and-Hyde switch is usually "money".
If you want your "podunk town" (as it was called in previous posts) to be a wild west saloon, then vote into office a bunch of drunks and rowdies. If you really want to make your town into something nice and attractive for tourists and other businesses, then elect council people and mayors who uphold those principles (even if it is sometimes a little overboard).
In the end, Cave Spring, Arab (Alabama), Bend (California), Almyra (Arkansas), Butteville (Oregon), and other small towns across the country who are our nation's last hope better get their act together. The cities are lost causes, it's small town America that provides our nation with a sparkle of hope. But if they continue letting sleaze balls bully the townsfolk around, then there is no hope.
Here's a fact: Take the top 10% of the most intelligent people in China (only the top 10%) and this is greater than the entire population of the USA. Now, do you think that we can afford to even have ONE DUMBO in our country?
Think about it. Act in accordance with the teachings of our Lord and Savior Jesus Christ and ask yourself if the way you are behaving in your small town and the way that you are treating your neighbors (including your elected neighbors) is consistent with his teachings and consistent with what being an "American" is all about. If not, and you continue to behave in this way, then you might as well get a statue of Buddha because that is who will be in control of your country in less than a couple generations. Your grandchildren will be forced to speak Chinese (ask the Tibetans).
You might want to check your facts and math before posting about dumbos. The population of China is 1.34 billion. The population of the US is 311 million. I'll leave the rest of the math as an exercise for you. Good luck!
You apparently don't understand what "rules" means. The mayor's choice to veto is written in the law, meaning it's part of the "rules" you want followed. By issuing a veto, he is, in fact,exercising his discretion under the law.
I do not wish the waterclub to close, leave town, run out of town or however one wishes to word it.
I wish the Meyers the best!
I disagree and am disappointed in my mayor (doesnt mean I don't like him)
I think people are pointing out Mary littlejohn for errorenous reasons. If the complaint is with the council, go after them all, not just one.
Disagree if you wish but don't put words into my mouth.