LOUISVILLE, Ky. (WDRB) -- More than three months after the state ruled in favor of a Louisville bar over its liquor license, the issue is returning to a hearing officer for "further review" after a "procedural error."
Baxter's 942 in the Highlands has been closed temporarily for more than eight months after Louisville Metro Alcoholic Beverage Control denied its liquor license renewal request.
In denying the bar's request last October, Metro ABC cited a pattern of violence in the area after two shootings happened outside the business on Bardstown Road.
Metro ABC Director Brad Silveria said the decision to deny the renewal was based on recent violence and complaints from neighboring businesses and residents.
The bar has been closed ever since, appealing the denial of their license renewal requests. Baxter's 942 owner Kevin Strnatka called the denial "insulting," and said his business was not involved in any violence.
Frank Mascagni, the bar's attorney, argued the business was being unfairly targeted and singled out for crimes that occurred outside of its premises, and appealed Louisville ABC's decision in Frankfort back in February.
The state ruled in favor of the bar April 8, recommending ABC reissue the bar its license. The city had 15 days after that date to file exceptions, then the full ABC state board would make a final decision. In its ruling, the Kentucky Public Protection Cabinet ruled Silveria "abused his discretion when he erroneously, unreasonably, and arbitrarily denied" the bar's liquor license renewal.
Last month, more than two months after that ruling, Mascagni told WDRB no one at the state level had responded to their emails or phone calls as the business fought to stay alive, waiting on a "make-or-break" decision. He added that it wasn't about alcohol, but a business losing money and a lack of transparency from regulators. He did, however, admit that there is no law that requires a decision to be made in a certain amount of time.
Thursday, Louisville Mayor Craig Greenberg's Office said the state ABC Board had issued a "Partial Final Order in the matter."
In a news release Thursday, the mayor said the order affirms "key aspects of the city's authority to consider public safety and community feedback in license renewal decisions, while remanding the case to correct a procedural error regarding the legal standard applied during the hearing."
Greenberg's office said that while the state ABC agreed the concerns Silveria pointed out were valid factors, "it found that the hearing officer applied the wrong legal standard by placing the burden of proof on the city instead of the applicant."
According to Thursday's release from the mayor's office, state law requires applicants to "demonstrate their eligibility for license renewal," thus sending the case back to the hearing officer to further review it "under the correct legal standard."
"My administration is committed to ensuring bar owners are respectful to their neighbors and when they don’t follow the rules we will continue to hold them accountable," Greenberg said in the release. "I’m pleased by the latest development from the State ABC Board and I appreciate our Metro ABC Team working hard every day to ensure bar owners and their staff comply with local and state laws."
The mayor's office said additional proceedings will be held, consistent with state law, and Baxter 942's liquor license renewal remains pending.
Previous Coverage:
Louisville bar Baxter's 942 remains closed despite state ruling to reinstate liquor license
State rules in favor of Louisville bar Baxter's 942 in battle over liquor license renewal
Baxter's 942 battles to reopen after Louisville Metro ABC denies liquor license renewal
Baxter's 942 appeals liquor license denial, claims discrimination
Highlands nightclub Baxter's 942 denied renewal to serve alcohol by city of Louisville
Neighbors call for more safety measures amid violence surrounding Louisville's bar scene
Louisville judge denies request by Café 360 shooter to dismiss murder charge based on self-defense
2 dead, 1 injured following Sunday morning shooting on Baxter Avenue in the Highlands
Bardstown Road bar closes after months of investigations, complaints from residents
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