Thursday, January 29, 2009
Chelsea's Cafe has offered original live music acts for 10 years, and the ATC wants to shut it down, according to owner David Remmetter.
The show will go on at Chelsea’s Café, despite a raid last week to shut down its live music and cover charge after 10 p.m.
The state Office of Alcohol and Tobacco Control sent 10 armed agents with flashlights and handcuffs into the local restaurant Thursday night to check patrons’ identifications. The agents cited the restaurant with “improper conduct on premises” and “failure to maintain qualifications.”
“Basically, the state says we can no longer do live entertainment and charge a cover … because it’s not ‘in the spirit of a restaurant,’” says Chelsea’s owner David Remmetter, who has offered live music in his restaurant for 10 years. “We’re charging a cover and the shows will still go on. They’ve not shown me in the law where I’m in violation.”
The two citations against Chelsea’s are in relation to the restaurant’s permit status, which says it must make more money selling food than alcohol. Remmetter said the latest state audit in November 2008 verified he has more food sales than liquor sales. The venue can have live entertainment so long as it is not unreasonably intrusive of nearby residences and excludes obscene and immoral behavior.
The ATC mailed a letter dated Jan. 1 to all restaurants with Class AR restaurant permits, warning them to expect audits on "bar and grill" premises and describing the difference between permits for restaurants (AR) and bars (AG). "A bona fide restaurant does not have drink specials, happy hours, specialize in daiquiris, and charge a cover to enter for entertainment or have two people eating an appetizer while 50 people are there simply to drink," the letter said.
“My big problem with this is it seems to me that it’s a certain agency’s interpretation of a law,” Remmetter says. “I should have a right to charge a cover for live shows if that’s what I want to do. It’s scary to think a government agency can come in and make business decisions for you.”
Chelsea's permit says the restaurant must serve food as long as it's open. Remmetter says he was closing the kitchen at 10 p.m., but he’s now offering a limited menu from 10 p.m. until closing time. This could lead to problems, Remmetter says, because one of ATC agents at Chelsea’s that night told him a restaurant checking IDs at the door may fall under some age discrimination issue.
“You’re going to tell me it’s OK for a girl from St. Joseph Academy to hang out here at 1 a.m. around a bunch of grown men who’ve been drinking beer all night?” Remmetter asks. “I don’t think the ATC thought this out like restaurant owners think these things out.”
Remmetter must appear at the ATC office on March 11 to defend his case to ATC Commissioner Murphy Painter.
Calls to Painter weren’t returned as of press time, but 225 will keep you updated.
Comments
Posted by lsukoubi on January 29, 2009 at 4:26 p.m. (Suggest removal)
Booooooo... We're with you, Dave!
Posted by youngbr on January 29, 2009 at 4:52 p.m. (Suggest removal)
what a joke. the state has nothing better to do than raid restaurants with armed agents because they are charging a cover? with all of the issues we have going on in this state and that is a priority? give me a break.
Posted by getreal on January 29, 2009 at 4:55 p.m. (Suggest removal)
Seriously - can't we enjoy some good food and good music in this town! I love the food at Chelsea's and they bring in some really great music. It's a great place with a great vibe. Nothing else like it. Come on!
Posted by creolegumbo on January 29, 2009 at 5:09 p.m. (Suggest removal)
this is why baton rouge sux. the ATC is a joke!
Posted by beaudingler on January 29, 2009 at 5:47 p.m. (Suggest removal)
ATC's claims of "failure to maintain
qualifications" can't be serious.
The real crime is government raiding
a well known and liked establishment,
and disturbing its patrons over whether
it makes more money on food or cover charge.
Murphy Painter judgement is in serious question.
Posted by Being_Stupid on January 29, 2009 at 6 p.m. (Suggest removal)
http://brgov.com/dept/planning/udcodeonl...
SEE UDC CODE for BS on CAB-1 Zoning vs. CAB-2 Zoning.
So it's not okay for a St. Joseph's Academy girl to hang around a bunch of grown men who’ve been drinking beer all night?
... Well that is just a sexist comment. What if we reverse the tables?
Is it then okay for a Catholic High boy to hang around a harem of MILFs who've been drinking wine all night??? - YEAH BABY!!!
If Chelsea's is shut down - just put a communist flag on your door - because that is what the land of freedom is coming to - the land of laws, lawyers, and bureaucrasscy!
Posted by rocketing_skyward on January 29, 2009 at 6:44 p.m. (Suggest removal)
that is completely rediculous. call Kip. he'll sort it out.
Posted by elrod59 on January 29, 2009 at 9:02 p.m. (Suggest removal)
Well it's not just in Baton Rouge; in New Orleans there are some places I used to bring my son to dinner that sometimes had music and he's shut out now; no one under 21 admitted, thanks to sudden enforcement of these absurd gubmint regs and rules. I think we can thank the recent, new socialist, government- controls-all attitude that unfortunatly seems to be sweeping the country with the new congress and prez, bless their Gestapo little hearts!
Posted by bigC on January 29, 2009 at 10 p.m. (Suggest removal)
Wow. That is potentially more ridiculous than ole Elrod is.
Posted by pmccarron on January 30, 2009 at 9:53 a.m. (Suggest removal)
This will not be a problem if the owner of Chelsea's can rezone to CAB-2 from CAB-1.
But FAT CHANCE that will happen easily. Trying to rezone your property and excercise your property rights within reason is SLIM to NONE - especially with some of the closed minded Planning Commission Board Members such as Mrs. Welch - WHO WAS APPOINTED BY KIP HOLDEN.
During the December 2008 Planning Commission meeting the Caterie Owner tried to rezone the Caterie to CAB-2. He was strongly opposed by the SOUTHSIDE CIVIC ASSOCIATION (SOUTHSIDE GESTAPO) Not only was the Caterie Owner interrogated by PC Member Mrs. Welch after honestly answering her questions, he and his business were then insulted by another PC Member later during the meeting.
Ultimately, Case 79-08 was deferred so that the applicant can hire an expensive lawyer to draft a deed restriction in accordance with the Southside Civic Association's demands. This was an unfair burden put upon the applicant by the Planning Commission Board and Southside Civic Association.
If Mayor Kip Holden, who I voted for, claims he supports business and economic growth in Baton Rouge, then surely he ought to appoint someone on this planning commission that doesn’t insult or interrogate the integrity of small business owners, like his personal appointee Mrs. Welch did in December 2008 with the owner of the Caterie.
Asking assertive questions in an assertive and respective manner and expecting an honest answer from the applicant is understandable. But to insult the applicant’s integrity or business is crossing the line.
Furthermore, the Caterie's Owner request for CAB-2 was
Consistent with Adjacent Use,
Consistent with Horizon Plan,
Consistent with Planning Staff Recommendation,
BUT
Opposed by a Neighborhood Civic Association, The Neighborhood Civic Associations will always prevail over the single property owner.
Adjacent Land Use, not Moral Code, should be the criteria for granting or denying a rezoning request for CAB-2.
It does not take the Expropriation or Confiscation of Property to deny somebody their Property Rights. Property Rights can be denied by a Small Government Panel, Planning Commission, Metro Council or Self Appointed Neighborhood Civic Association.
I hope Chelsea is able to rezone to CAB-2, but if it has to face the same battle the Caterie Owner is facing - Good Luck - Chelsea's will most likely be out of business by the time they get the zoning they need to operate their business within accordance with the UDC and Zoning Laws of EBR.
Caterie Case 79-08 comes before the PC again in Feb-2009 PC Meeting (after being deferred a 2nd time in Jan-09 - last I checked on it).
Posted by yileftbr on January 30, 2009 at 2:08 p.m. (Suggest removal)
Does Kip still own his "establishment"? If he does... Has the ATC visited his place yet?
And to elrod59... You are one reason that, as creolegumbo said, " B.R. sux". It's the uneducated, such as yourself, who speak up, and vote, and help make laws, when you haven't got a clue what you are doing or saying. Make note elrod59... THE ATC IS A STATE AGENCY! If you want to blame it on anyone look to your beloved REPUBLICAN (Drum roll please......) BOBBY JINDAL!!!!!!!! Seriously now, do you really think that Obama or Pelosi or any of the top Dems , or Mary L. even, give a flying fart about what happens in a bar under the overpass in B.R. Louisiana?
You are watching the feeding frenzy of big fish in a small pond... And that is unfortunate.
Posted by oldperson on February 1, 2009 at 11:44 a.m. (Suggest removal)
Age discrimination?!?!?!???? It's not already age discrimination to prohibit an 18 year old from entering a bar?? An 18 year old who has the right to vote and to die for his/her country??? Puh-Leeze!!! The ATB is already treading a fine line here...
And where is LABI in this? The Dept of Econ. Dev.? Culture & Tourism? The BR Chamber??
If we're supposed to be promoting economic & small business development in La, then the ATB is putting a real wrench in the works here. Where are the agencies that can help protect the rights of small business in the state and in BR? Why aren't they stepping up to the plate on issues like this?
Be proactive! Contact your State Representative about this. Contact your council person. Contact the BR Chamber. Contact the Mayor's Office. It's great to make noise on a public discussion list, but making noise in a legislator's or elected official's ear is much more effective -- and, ultimately, more fun.
Posted by lsuchick142 on February 2, 2009 at 7:23 p.m. (Suggest removal)
So just because you like a place, it shouldn't follow the rules and regulations of their type of permit? That's hypocrisy. Because chances are if there is someplace that does something you DON'T like, you would be shouting for their shutdown.
If ATC is such a joke, why does Louisiana have such low non-compliance rates? Why does the agency win awards and commendations and recognition? Because they do their job. It is not easy to patrol and regulate all the different alcohol businesses here in Louisiana, but they do it and enforce the laws regarding all of this.
He has to face the consequences of his actions. If he followed the statutes of his permit, he wouldn't be in this mess.
Posted by abriejane on April 27, 2009 at 9:40 p.m. (Suggest removal)
if they shut down chelsea's, they should just go ahead and shut down the entire city of baton rouge...
i mean, while they're at it, why not just close coffee call too and kill the spirit of baton rouge all at once. jerks.
let the local music, abita, and chicken fried chicken live on forever!
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