Councilors who voted to deny licenses to Skybox Bar and Grill for selling food and having a pool room and pinball machine were not persuaded to change their votes Monday, despite the threat of a lawsuit.
Skybox owners Allen and Lynn Moore filed a lawsuit against the city last month, appealing the decision by the Municipal Officers, which include the seven city councilors and the mayor, to deny renewal of its licenses just weeks after reopening.
Without a license to sell food, the bar cannot operate, because state law says food must be available wherever alcohol is served. That license, along with those for pool and pinball, expired at the end of April. However, because a lawsuit is pending, the bar will be able to remain open.
The Moores hoped they could avoid the lawsuit by giving the officers another opportunity to grant the licenses. But, after testimony from a resident who made a complaint about the bar and a presentation from the Moores’ attorney, David Lourie, the board split its vote again, 4-4, with councilors Brendan Rielly, Drew Gattine, John O’Hara and Dotty Aube voting against the renewals.
In making their case against granting the licenses last month, the councilors said a complaint to the police department within the bar’s first week after reopening showed that it continued to be a nuisance in the neighborhood. That complainant, Misti Munster, a neighbor, came to the meeting Monday to recount the incident.
She said at around 12:30 a.m. the weekend after the bar’s reopening, a group of people left the bar yelling in the street and using “some really vile language.” After hanging around outside the bar, she said, they drove off without their headlights on. About 10 minutes later, another group left the bar who stayed on the street yelling at each other for even longer. That’s when she called the police.
Munster, who has lived on Brown Street for a little more than a year, said the noise has continued since.
“The neighborhood was quite quiet, and now it’s not,” she said.
Lynn Moore argued that Munster’s complaint shouldn’t be weighed heavily, considering she had previously been “a vocal opponent” of the bar. What the councilors should consider, Moore said, are the other Westbrook residents and business owners who have supported her and her husband.
“People are calling up left and right saying, ‘We haven’t had a problem. Why are they doing this to you?'” Moore said.
In addition, Lourie argued the Municipal Officers were straying from their charge by denying a license because it is considered a nuisance in the neighborhood.
“You don’t get to decide what is good for the community,” he said. “You have to decide whether the license standards are met.”
“I just want to be treated fairly,” Lynn Moore said.
Rielly said, after hearing from Munster, Moore and Lourie, he was “even less persuaded” that the license standards were met than at the last hearing.
After the vote, Allen Moore said he will pursue the lawsuit against the city.
“This is how we get all our money back,” he said.
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