The city attorney's office outlined how it will proceed with the complaint filed against Quinton's Bar & Deli at an Alcohol License Review Committee meeting Wednesday.
Quinton's, 319 W. Gorham St., is accused of operating as a bar rather than a restaurant, a violation of the conditions on its current liquor license. Assistant city attorney Steven Brist said in order to be considered a restaurant, alcohol must account for 50 percent or less of an establishment's gross receipts.
This is the first time the city has actually filed a formal complaint against an establishment for acting as a tavern.
The condition was placed on [Quiton's] license when it was originally granted that they would operate under a restaurant as that is defined in city ordinances,"" Brist said.
Brist told ALRC members he would contact Quinton's attorney Rick Petri to set up a hearing before the committee to determine if Quinton's did violate the condition of their liquor license.
If the ALRC finds Quinton's to be operating as a tavern rather than a restaurant, the establishment could face a suspension or even revocation of their liquor license, according to City Council President and ALRC committee member Mike Verveer.
The establishment is located in the area under the city's Alcohol Licensing Density Plan, which makes it more difficult for new bars in the downtown area to be granted liquor licenses.
""New bars in the downtown are extremely controversial,"" Verveer said.
Brist said the results of a city comptroller audit in early 2007 were inconclusive, but a second audit last month showed alcohol accounted for 50.82 percent of Quinton's gross receipts.
Verveer said the city's complaint does not accuse Quinton's of being a problem establishment. He said Quinton's has not received a high number of police calls or been involved in any other alcohol-related issues.
Petri said the establishment is being made into an example of the stringent regulations of the Alcohol Licensing Density Plan.
""I think the whole business about what's a restaurant and what's not a restaurant is something that should be taken up within the context of a broader political discussion rather than picking on an establishment to make a point,"" Petri said.
Typically, restaurants receive more casual warnings when suspected of operating like taverns. According to Verveer, the city may question the establishment or increase police presence in the area.
