ABO Nuisance Hearing.

And so, finally, when we were shut down on September 4, 2024, they emailed me September the same day. They said the reason your ABO wasn't renewed that time was because I owed a $90 late fee. But they never told me, like, the whole time I was calling and asking them, you know. But I just have my receipt for that permit. Any other questions? I'm a bit confused. You said that ‑‑ I'm reading the verbiage in your message. You said that the ABO decision was not to renew your 2026 permit. Is that correct? Right. I went in to renew it, and they just said it was ‑‑ had to appeal. But when you sent the check, there was a different response. I didn't pay ‑‑ okay. I didn't pay for the current license because they had it on hold. So you don't pay until they actually approve the 2026 permit. But the one that I paid for that I gave you was in 2024, 2025. Okay. Because when they shut us down, they said you don't have an ABO permit on display. But I paid for it. They just ‑‑ they never mail it to me. So do you have a timeframe where you anticipate having the repairs made? It would take me about two more months to finish everything. We did have a setback with the state fire marshal. They were supposed to come in and approve the hood system. And they didn't call and let me know they were going to do their inspection. So I wasn't there when the fire marshal got there. Nobody was there to let him inside the bar. So he got mad, and he actually yelled at me on the phone for not being there. And he said he was going to write us up for a lot of stuff. So, we went from a hood inspection to he wrote me up for 17 other random things he could just throw on there. He said he was going to try to derail the project, is what he told me on the phone. He goes, I'll make sure you don't ever get a permit to open, is what he said. Have you been in touch with code enforcement pertaining to the anticipated date of completion? Yes, I have talked to Prince, Mr. Prince. His name is on that form, Mr. Prince. Do y'all still have the first set of documents that he, are y'all done with them? I also have a bar on the West Bank called Murphy's, so I've had that for 30 years open. So sometimes when I'm trying to work on Shamrock, all of a sudden I've got to go to Murphy's and fix the toilet or something, so it's not like I haven't been able to do it every single day of the week to work on everything, but I wanted to get open in July or August, but when they didn't renew this ABO permit, I'm kind of stuck right now. I've been paying my rent to my landlord for over a year and a half, I've been paying all my utility bills, my water bill, excuse me, my Cox Cable bill, my New Orleans property tax, I paid that. So we're just, if I can get this ABO permit, because it's kind of hard to go forward knowing that if we can't sell beer like we used to, it's like, I don't know if Shamrock can survive not selling, you know, just selling coke and water, I don't know. I have an ask for the city attorney's office. Are you able to provide the board with copies of your decision to not renew the ABO permit for 2026? Oh, I applied. I applied to renew it, they just didn't approve it. I understand that. I'm asking the city attorney's office whether or not they have in their possession copies that they can provide to the board. Yes, we can print out the journal notes for you if you'd like to get a copy of that. I think that would be extremely helpful for the board if we had copies of that. We would also ask for a chance to be heard as well, because we think there are a couple of issues we can clear up as well. Certainly, I'm sure you will have an opportunity to speak, yes. So as far as the appellee, is there anything else you would like us to consider at this time before we hear the city's position? My landlord wanted to say a few things, and I have a little petition of the rest of the businesses that are underneath Shamrock and in the shopping center next to us, they all support us getting back open, I wanted to give that to you guys. My landlord wanted to say something, Yasmin runs the clothing store underneath us, and Lawrence works for me. So they just wanted to say something on the bar's behalf. Hi, my name is Clark, last name Hebe, I represent the owners, the landlord 4 Penn Standing. I just wanted to talk on Brian's behalf and say, while he's very modest in his presentation, he's been a very important part of our center. He actually occupies 17,000 square feet, which is 25% of our center, and certainly in today's environment where we've got so many businesses closing, I would hope that we can do what we can to get him open and get other businesses open, because we as a city certainly don't need a 17,000 square foot vacant building for lease in mid-city right now. He has been an excellent tenant since 2009, hasn't missed a rental payment, part of his woes right now is that he's bootstrapped, he's continuing to pay us rent, which we need the rent because we've got to pay our taxes and insurance, we pay over $108,000 a year in property taxes at that location, we pay almost as much in insurance a year, and as I said, he's a super important part, he occupies 25% of the center. While he's continuing to pay us, he's also trying to clear up all these code violations and delays I would hope would not destroy his business, because he'll have to close and I don't know what we would do with our space, or our center. We've got a mortgage to pay, we've got financial obligations, he brings energy, he brings traffic to the center, as other tenants are going to say, their sales go up when Bryan's open. That's just what I have to say. Thank you. How you doing? My name is Yasmin, and I'm one of the owners of the businesses in the Strip Mall, and I speak on behalf of all of our tenants, all the six tenants, our sales went tremendously down after Shamrock left, so sales is the main thing. But also I wanted to talk about safety.

Like when Shamrock was there, everything was lit up, the police were always driving around, we were able to stay open late. It was just bringing in people, he has tournaments that bring in people from other states, other cities, we were getting people that, you know, it was a chain, people coming in, buying from him, renting cars, getting hotel rooms, everything was way better. Ever since Shamrock closed, we don't even know if we can afford to stay in business. Sales were less than 50 percent. I'm sorry, I do have one other thing to say. As you can see from those pictures, he's so much more than a bar. He's an entertainment venue. He's got over 30 pool tables, he's got dartboards, he's got ping pong. I don't think there's another place in Orleans Parish where you can go host a pool tournament. So in my mind, it's so much more than just a bar room. Thank you. Hi, I'm Lawrence. I work for Mr. Brian. He's been a good person to me for a long time. I'm a property owner in the area too, and actually, you know, ever since it's been shut down, it's been like a little crazy in the area, but everybody support. Everybody support the businesses in the area, and I would say that ever since it closed, it kind of changed my life because I have a lot of kids, and I work seven days, seven nights. I work three jobs. I'm a landlord in the east. I take care of my family. This man been helping me, and he did everything he could as a property owner and a boss, and he take care of a lot of people, and you know, the complex is like family-oriented, and ever since it shut down, it's been like a dark corner, and a lot of people miss it. It's a lot of revenue. It's a lot of people that's bringing stuff in. It's a lot of people that have entertainment, and you know, like, by being closed, a lot of stuff changed, and you know, it kind of changed my life. You know, it went from 100% to 50%, and I'm out here trying to work different jobs to trying to support, and it's kind of crazy, but good person. Everybody been real, real nice. Everything been renovated. I do a lot of the painting, a lot of the repairs. I do mostly everything I could. I work seven days, seven nights, and when I tell you that you've been good to me and everything has been real, real efficient, like, you know, and we just waiting because it changed a lot for everybody, you know, like, a lot of sales went down. A lot of people really not really making it no more, like, a lot of business around that, you know, like, they, like, really rely on us because, you know, like, a lot of people come there, entertainment, you know, it keep a lot of people from doing a lot of bad, you know, outside activities shouldn't affect no business and no weight in New Orleans, you know, because people going, you know, access such, but the people that's taking care of everything, you know, they have detailed security, you know, good personalities, you know, everybody, you know, work together and, you know, it just, everybody just on the same page, you know, it just, we trying to get this ball moving so we can just, you know, be, you know, be back to how it was. Thank you. Thank you. Sorry, if I may add one thing. I have three to four people every few days stopping in my shop asking me, when is Shamrock open and when is Shamrock opening? People are anticipating the open of it. It was a great bar. Thank you. Thank you. Are you ready here for the city? So, like I said, if we can get this ABO permit, I'm still going to try to open regardless if I have to try to sell Coke and water just to get, we've worked really hard on the location so I want to open it up even if we just, like, I don't know if it'll succeed without an ABO. The state fire marshal, like I said, back in November, they gave us this little separate list of stuff and the guy even says that he was there to inspect the hood and then he changed it to a construction inspection because he was mad because I couldn't let him in. I wasn't there. They never told me they were going to do an inspection. So now I've got to work through this list but I plan on almost done with the city's list and I'm going to work through this one and then we'll be ready to open. Can we see that list? Yes. Did you have any more questions for them? Yeah. I have one more question. I may or may not be correct or incorrect but is the main sticking item the code enforcement violations? Is the what? Is the main sticking point, the code enforcement is violated? No. The main sticking point for me right now is I've been trying to keep all my permits current because without current permits, the project stalls out because I've got to pay the hood company $3,000 to get my hood inspected. It's just easier for me to do that if I have my ABO and stuff. The code is, I've done most of the thing on the list. You know, the sprinkler system has been worked on, the burglar alarm system has been worked on and the hood system. I have my receipt for the hood system, over $3,000 I paid the hood company. So he was supposed to get the hood inspected and then what he did, he shows up with a fire marshal without letting me know two days before Thanksgiving when most people are out of town and they do like a, and I told the hood company, I said, don't bring, don't do any inspections until the sprinkler is ready and the fire alarm system is ready. We want to do them all at once. So he brought an inspector out there and the inspector got really mad because we couldn't let him in. He's like, you know, it's two days before Thanksgiving, I don't even want to be doing this, I'm supposed to be going out of town and he's yelling at me on the phone and I said, you guys didn't even tell me you were coming today, so how am I supposed to know to let you in? He got mad and he said he was going to write us up for everything he could find in the entire bar, not just the hood system. So he made that list and all he was supposed to do was approve this hood is all he was supposed to do.

So I'm going to work through his list as well, but that was just a unexpected setback back in November when he added that extra list of stuff to do. Any other questions? We'd like to hear from the city attorney. Thank you commissioners. We're here on their appeal of the denial of the 20, of their renewal based upon the loss of non-conforming youth. Back in September of 2024, there was a deadly shooting outside of Shamrock Bar. In addition, in 2024, the NOFD went out and did an inspection and it wasn't 19, it was 46. There were 46 violations at this location. The violations were so egregious that the NOFD issued a cease and desist order pursuant to NOCC-109.42 until such time as the fire and safety systems were brought into compliance. Phillip Hampton, Department of Safety and Permits. I just would like to read to you all the definition of non-conforming use. Non-conforming use, the use of a structure or land that does not comply with the use restrictions of the applicable zoning district. A legal non-conforming use is a use that legally existed prior to the enactment of the current ordinance and was legally maintained after the effective date of the ordinance. That's the definition. So during this establishment was outside of its non-conforming use for longer than the law allows. This is the New Orleans Comprehensive Zoning Ordinance, it's a law that applies to all entities, all people. So essentially safety and permits had no choice but to deny the permit because this entity was outside of its non-conforming use for longer than the law allows. I understand they had a lot of revisions and corrections to make, however those were their responsibility to correct. These were life-threatening conditions inside the establishment that had to be corrected. I have a copy of the NOFD report if you'd like to review that. We also have a copy of the CZO that's applicable. While we don't have anyone here from the State Fire Marshal's office, that's not an entity over which the city has control, so I can't speak as to any of the allegations of what occurred on that day with that inspector, other than to say, you know, the State Fire Marshal isn't here to defend itself. Can we see those documents? Yes sir. Was the State Fire Marshal aware of today's appeal? We were aware that there were any allegations against the State Fire Marshal because this was just based on loss of non-conforming use. So this gentleman over here in a uniform, he's not here for this? He's NOFD, Commissioner. He can speak to the report, but nothing for the State Fire Marshal. Well, we'll review the report first and then we'll determine if we have questions for him. Understood. Board members, I would also like to read Article 25.3.C, Number 1, regarding the discontinuation or abandonment of a non-conforming use. A particular use that is established as non-conforming is deemed abandoned when the particular non-conforming use is discontinued or becomes vacant or unoccupied for a continuous period of 180 days. An abandoned non-conforming use may not be re-established or resumed regardless of intent. Any subsequent occupancy shall comply with all regulations of the zoning district in which the land or structure is located. Where a non-conforming use has ceased operation for renovations in conjunction with a lawfully issued building permit, the non-conforming use shall restore operation within 180 days of the cessation of the use. And can you tell them what provision that is? That's going to be the Comprehensive Zoning Ordinance, Article 25.3.C, Number 1. Mr. Colbert, were you aware of the 100 day non-conforming restriction? Absolutely not, because when I rented the bar out in 2009, Rock & Bowl closed in like late 2008 and I did not open until late 2010. The location had been closed for two years when the city gave me my very first ABO license. It had been closed for 720 days. So we opened up. I don't know, there was no mention of any conditional use at that time. Got the permit. And also, we didn't cease operations. The government came in and shut us down. So on one hand, the government shuts you down and then the government penalizes you for not being open. And not only did the city shut us down, the state came to do the hood inspection. And they even lengthened the shutdown by adding to their report stuff that had nothing to do with the hood system. And most of it was just because he was mad, because he couldn't get into the building. So I never abandoned the place. Paying rent, utilities, property tax. New Orleans did issue me an occupational license as a bar for 2026, but that's a different department than the ABO department. So the city told me I could occupy it as a bar, but the ABO won't give me the permit to sell beer. So I don't know how much sense does that make. But also about the shooting she referenced, that did not happen on the bar's property. Ma'am, are you aware that that did not happen on the bar's property? I was going by what's in the news article. Okay. The shooting happened three blocks away. It was a drive-by shooting. But yeah, they did have an argument in the parking lot, but it was a drive-by shooting. Not in my parking lot. Received. We're not here to relitigate, litigate, or read news articles. So we receive it did not happen on the property. That's not what we're here for today. Thank you. Let me ask you this. Maybe I'm missing something, but this is, what we're referencing is nonconformity. So what are we saying they are nonconformed to? I mean, are we saying that there's not supposed to be a bar there? Are we saying there's not supposed to be alcohol there? Like, I guess, why are we saying they're in nonconformance with the comprehensive zoning ordinance of the city? So the comprehensive zoning ordinance went into effect 2015. So prior to 2015, there was zoned a bar.

So it's similar to being grandfathered in, but you have to, you cannot cease operations of a bar, the use that's stated there, for 180 days or more, or you lose your nonconforming use. So if I'm receiving what you're saying correctly, they were grandfathered in to being allowed to be a bar. And then when this incident happened, well, and then the ordinance changed, and if they were to apply today and with today's newer law, they wouldn't allow it to be a bar? Right. As long as they didn't cease operation for 180 days of being an active bar, they remained grandfathered in. And so now when they reapplied for this license, we are saying that because that 180 days has lapsed, they are no longer grandfathered in, and they cannot get a license for a bar under the current ordinance and law. Am I understanding this correctly? Right. And also it goes back to the base zoning in that district, and that base zoning is MU1, which a bar is a condition to use. Were you privy to that, Mr. Coleman? The first time I ever heard about this 180-day thing was in 2026, which was past May when they e-mailed me that. Had no idea. I was closed for two years to open Shamrock, and he said in 2015 they changed the law, but Shamrock closed September 4th, 2024, when the city shut us down. And in May of 2025, I went to the ABO office and even talked to Mr. Hampton. himself through emails and he renewed my permit last year, even though I had been closed from September 4, 2024 up to the renewal of May 2025. It's more than six months. They renewed my ABO last year. So based on that, I had no red flag that there was a deadline. I didn't voluntarily close. I didn't cease operations. The city told me you can't open until you fix all these items. I didn't voluntarily close down. And even though it was 45 items of code violations, a lot of those was an extension cord is one violation and they counted like 20 extension cords. So that's 20 violations. A light bulb is one violation. They count three or four light bulbs. So it's like you can get up to 45 violations when they do it like that. Do we have evidence that Mr. Culver was privy to the 180 day restriction? Do we have evidence that Mr. Culver was privy to the 180 day restriction that we're talking about? Commissioners, I would just assert that that's under the CZO. It's a law, so it's applicable to everyone and ignorance of the law is no excuse for not doing this. I can add to that. Just one for the record. I myself did not renew the ABO that he's mentioned of. However, in November 6, 2024, a new legal entity, Mid-City SRLLC, was given the information to provide information of the non-conforming use to keep it legal. And that license, occupational license, was closed due to failure to respond to comments. It was closed to what? The new entity that came and filed for an occupational license with the same DBA but a different legal entity, Mid-City SRLLC, they were aware of the non-conforming use determination that was needed to continue to be a bar. Thank you. But isn't it true that that's not before us at this moment, right? The entity that we are discussing is owned and operated by this gentleman here, right? And it's my understanding that that is Reverb LLC. Reverb LLC. So Reverb LLC. And as I appreciate it, my colleague is questioning whether or not Reverb LLC was given notice with regards to the non-conforming use investigation or the ramifications thereof related to their business. Was that entity issued notice? We're not required to issue notice under the law, Commissioner. It's the law that's known to everyone and applicable to everyone. All right. So I'm hearing there was no notice issued to Reverb LLC with regards to the non-confirming use investigation. They were notified of the NOFD investigation. They knew they had to satisfy all those requirements to open. So I would say that it's their obligation to do it within the timeliness of the law. Mr. Hampton, isn't it true that Reverb LLC, DBA, Shamrock, Boring Grill, did receive a permit, ABO permit, for the year of 2025? Yes, and that one was issued in error. Yes, that one was issued in error, unaware of the NOFD violations at that time. But it was issued. Okay. All right. And what communication was provided to the owner with regards to that permit being issued in error? Was any communication offered to the owner? I don't believe so. And for the record again, what was the error? Why was that permit issued in error? I can't speak to that. Who can speak to that? It was just issued in error. We have several people that work on these applications. It was issued in error. Again, this was around the time where there were incidents going on. So it was issued in error. So I can say to that. Okay. And let me make sure that I understand the issues here. All right. So we're not here because of code violations, right? His permit was not denied because of code violations. His permit has been denied because of non-confirming use, right? Which he was never received notice of. Correct? He wasn't required to under the law. I do believe that due process is fundamental in our system here. Okay. No further questions. Any other questions? What is the definition, as far as y'all are concerned, of what it means to be in operation? So we know that he had a liquor license up until a couple of months ago, a couple of weeks ago. So does he have to sell a certain amount? Does he have to acquire a certain amount? What is that definition? He needs to have, just say, at least one active sale within the 180 days. That can be proven through Bureau of Revenue when they submit their sales tax information. So him having a license by your definition, a lawful license by your definition, doesn't mean he is still in good compliance. He is still forced to sell at least one item of alcohol in order to be in use. Yes, according to the non-conforming use standards. And what standard is that? I have the law in front of me.

So tell me what section that says that he has to at least sell one. Even if it's to himself, he at least has to sell one. It speaks to it can't cease operations as a bar. I mean, it speaks to it can't cease operation. That'll be Article 25.3.C number one. Right. And I'm not what I'm saying is we're saying cease operations as a bar. So when I guess what I'm asking is what defines he still had a good license. He just wasn't open for business to the public. Because he was the building was unsafe for occupancy. It was the fire department hadn't signed off at that point. So it was literally unsafe. I understand that it's unsafe as far as the safety permit component. I'm talking about the active license registering him still in use. I would say again, this is based off that Article 25.3.C discontinuation or abandonment. Since he is a bar, active sales would again be verified by revenue of alcoholic beverages. All right. So just for clarity purposes, discontinue or becomes vacant. Sir, was this building ever vacant? No, no, ma'am. Was this ever unoccupied? No, ma'am. And you continue to pay rent from what's been attested to you've continued to pay rent and been in good standing the entire time with rent purposes? Yes, yes. Yeah. Hi. Exactly. Right? Right. And I agree. Uh huh. You want to read? Do you want to read? Just in case I wasn't making my point clear, I was just saying that they can't operate because there's a cease and desist order. The public literally cannot enter the building. Mhm. Okay. To the city attorney's office, please help help me and my colleagues understand this. All right. So, um Mhm. Reverb LLC D. B. A. Shamrock boring grill was originally closed or prevented from operating because of several cold violations. Is that correct? Because of health and safety violations by the N. O. F. D. Yes. All right. That was documented by the Department of Code Enforcement. Is that correct? No, sir. That was documented by the N. O. F. D. In the report we provided to show the 46 items. Okay. All right. Um, so that was the initial reason for the closure of the business subject business. Correct? Correct. Cease and desist. All right. Now, at that time, was the business owner ever advised of a particular time frame to which to remedy those violations? The ones contained in the comprehensive zoning ordinance? Mhm. Well, let me back up. So there are multiple cold violations, right? So let's go back over those multiple cold violations. What were they? The code violates? Yes. Uh, I see the report. Um, item number one. The address number for the building was not clearly visible from the street. And then I have it skips to item six. But item six. If the main exit doors provided with the key locking hardware is allowed by code, is there a sign above the door that states the door rust remain unlocked when the building is occupied? No. Are the exits and exits and exit enclosures free from storage of combustible materials? No. Item nine. Are the doors with self closing hinges maintained in the closed position, not blocked open? No. Are electrical outlets, switches and junction boxes properly covered with cover plates? These are Is the electrical system safe from any apparent shock and or other electrical hazards? No. Are circuit breakers fuses labeled so as to identify the area protected? No. Is the area maintained clear at least 36 inches in front of electrical panels? No. Are extension cords used only for temporary use and not as permanent wiring? No. Are the extension cords in good condition, properly grounded, and of appropriate gauge? No. If emergency lighting is provided, is it maintained in operable condition? No. Is a current detailed seating plan occupancy capacity sign posted in a conspicuous place? No. If exit signs are required, are they maintained illuminated or self-illuminous? No. Does the backup battery work? Push the test button and the exit sign should illuminate under battery power. No. If the building is equipped with a fire alarm system, has the required annual service of the fire alarm system been performed by a state fire marshal licensing company? No. System yellow tagged May 21, 2018. Item 25. Have the fire extinguishers been serviced and tagged by a state fire marshal licensing company within the last 12 months? No. Item 26. Are the fire smoke separators, automatic smoke doors, fire doors, firewalls, etc. maintained and in working condition? No. Item 27. Is the top of storage maintained a minimum 18 inches below sprinkler head deflectors in fire sprinkler areas? No. If the building is equipped with a fire sprinkler system, has the required annual service of the fire sprinkler system been performed within the last 12 months by a state fire marshal licensing company? No. I'm sorry, excuse me, partner. So you're reading from the annual commercial inspection report that was produced by the New Orleans Fire Department? Yes, sir. All right, so that was the entity or the agency that documented these code violations, correct? Yes, and at the end of the report, there is a date listed for the next inspection that will occur. Re-inspection scheduled to be conducted on or before 12-31-24. Next inspection scheduled to be conducted on or after 9-24-25. Okay. Now, is there any proof that any of these violations were remedied or cured on either of these re-inspection dates? No. Is that true, mister? They never re-inspected because when I called the code people, I said, hey, it's a long list, we've got a lot, and they're just like, well, just call us when you're ready. That's all they said, call us when you're ready and we'll come inspect it. He said, we want you to get back open, we're not trying to keep you from opening. But he says, when you get through with everything, just give us a call and we'll come inspect it and go from there. I called him three weeks ago and he told me the same thing. I said, hey, we're still trying to get through this list, we're almost done.

And he said, just let us know, we'll meet you out there, we'll go through the list and proceed. Either say you did it or you still need to do these items. So, sir, it's your testimony that your business was not re-inspected on or after the December 31, 2024 date? Correct. As well as on or after the September 25 date? Correct. And to this date, it has not been re-inspected? It never has been. They put it on me to call them to let them know. That's what they said, when you fix everything, just let us know. They never said, hey, you better hurry up, you only have X amount of days to do everything. If they would have told me that from day one, we would have just dropped everything and just like, let's get this. The other entity that applied for a liquor license that kind of caused confusion with ABO, they approached me after we got shut down and they said, hey, we'll buy the bar from you and we'll reopen it. Okay, let me ask you this question. So I'm hearing you say that you were advised, that you were directed to contact this entity here for another inspection? Correct, yeah. Did you contact them? I called them every so often and just said, hey, we're still working on it. And they say, hey, just let us know. We support you to reopen. We're not trying to stop you from reopening. Here's the question. Did you call for the purposes of scheduling another inspection? Not to schedule one yet because we're not ready because of the hood thing got delayed and some other things like that. All right, and to date, I'm hearing that you're not ready for an inspection? No, it's been on hold since like a month ago since we didn't get this ABO renewal. We're just like in limbo right now. I could have been up there doing everything this past four weeks, five weeks. You know, I'm ready to get back on it, go through the list, including the fire marshal's list for the hood. We're ready to try to get back open. In probably two months, we could get open. Okay, so again, for the city attorney's office, I want to make sure that I'm clear. The Shamrock Boy and Grill has been denied the ABO permit for 2026 for nonconforming use, right, based upon that, right? And, sir, what I'm hearing you say is that your business was closed for code violations, several code violations. And to date, many of those, well, to date, those code violations, the total have not been cured or remedied. Right, not all of them have been. There's quite a few, you know, but most of them are small. I mean, we got rid of all the extension cords and we patched the, you know, the flooring was, the tiles were popping up in the kitchen. So we had to replace all the floor tiles and epoxy the floor. It's a big project. You know, it's 16,000 square feet. It's like 10 houses we're trying to deal with, fixing up, myself, Lawrence, one or two other people here and there. You know, I couldn't just snap my fingers and just do it overnight. I have no further questions. About what percentage of the code violations have been remedied? Probably 90 percent because the sprinkler company, I paid them like $4,000 or $5,000 coastal sprinkler. The fire alarm company has done their thing. The biggest problem was the hood inspection because he, you know, he was mad about the hood. He couldn't get in. So he just wrote up, a lot of the stuff he wrote up is probably not really relevant. He was just upset at the time. But probably 90 percent. I think we could be July, we could be open by September. So you're saying that all the code violations should be remedied by September? Yes, yes, sir. As long as they say, you know, if I fix them and they say okay and they don't, like, come up with something else, that's not on that list. But, yeah, we definitely should be ready to open. That's September. You're talking about in approximately three months, are you saying? Two to three months, maybe sooner. Just when I didn't have the ABO, I was just like, it's hard for me to go forward and keep spending money, keep paying rent. If I don't really know, can't even really open except to sell Cokes and water. I wasn't really sure about the future of the bar, you know. Let me ask you this. In the procedural component of this, you filed for a new ABO license. They denied it. And by statute, you had ten days to file your appeal. And that is why you're in front of us today. Correct. Correct. Okay. So I know we've asked this a couple times. How long, if I were to say I would move to continue this, you know, for two months, could you have everything done in compliance in two months where you are in front of us, then telling us, look, everything on this list is complete? Yes, I can. But I'm also paranoid about spending another $30,000, $40,000 plus two more months of rent and utilities, and two months go by and I come here and they're like, well, we're not going to renew your permit anyway. That's what I'm kind of worried about. But I'm going to go ahead and do everything anyway because I've just got to get open to rent the pool tables out. As far as I know, we can still rent pool tables and sell Coca-Cola and sell hamburgers. As far as I know, I don't need an ABO to do that. So that would be my intent. And once I get open, just see what happens. So I'm going to start working on everything, you know, especially if there's like a hope to get the ABO. I'm more motivated to get in there and just try to hurry up and open quicker. Now that I know that there's a deadline that I was never aware that there was a deadline because we got shut down, and she did mention the shooting which happened in the neighborhood. I'm not worried about the shooting. Right. But as it took us longer to reopen, I looked at that as more time for us to reopen with a better crowd coming in and not the bad characters coming right back into the bar and, you know, a clean slate we can start with is what we're hoping. And just from my knowledge, the other entity that they're saying reached out and was informed of the nonconforming.

Who is that entity to your business? They were three people that approached me about buying the bar randomly. Yasmin knew them. They owned like a gas station or something like they own the hotel. They were separate and apart from you. They own the hotel across the street, that Tulane Hotel Avenue. So they came over and they're like, we'll buy it and we'll buy your equipment and we'll take it. So that was actually one big delay because I dealt with them for three months and then they changed their mind. They're like, we're not sure if we can do this or whatever. And I'm paying rent every month while they wait. So after three months, I said, hey, deal's off. I'll just try to reopen it myself. That caused a delay right there, right off the bat. And when they backed out, they didn't tell you, they didn't give you a reason why they backed out of the deal, like pertaining to this nonconforming issue? No, they never mentioned anything about that whatsoever. I didn't even know they had applied for their liquor license actually. Because they never paid me any money, a deposit. They gave me a deposit, which I gave their deposit back. So once they backed out, that cost us about three months of waiting for them. And then I just started the process early January 2025. I started working on the place. Got it. I don't have any more questions at this time. Would the city attorney have any final words before we recast the vote? No questions. Thank you. Is there a motion on the floor? I'm not sure if I'm prepared to. I'd just like to go on the record to make a comment. I think that we have a fundamental issue here with this particular situation because I'm recognizing that you can have a business that is closed due to some code violations that they've been directed to cure or remedy. However, if that business remains closed for, in this instance, 180 days, then that particular business can lose its or be denied the ABO permit to continue to operate. Those two things just don't mesh with me. Something just doesn't feel fair about that, all right? I guess my question would be is, there has to be some cure to this, right? Because but for the code violations from NOFD that were cited, this business continues to remain operational and is not subject to the non-conforming use applicable law here, right? So I'm sure you can understand what I'm alluding to at this point. And it further disturbs me that the business owner was not given notice that in the event these violations are not cured within a specific amount of time, then he runs the risk of losing out on being able to obtain a ABO permit because of non-conforming use. It's very difficult, it's very hard for me to reconcile those two things right now at this point. Yeah, I agree with my colleague that there is concern that even though there's a 180-day time period from a legal standpoint, but from an empirical standpoint, having invested in remedying the violations and also the repairs, that it may not from an empirical standpoint, not from a legal standpoint, that could be unfair. I'll say this. I don't know how they're going to vote, right? But this is what I will tell you. I think I want to extend the most gratitude to you for not just throwing up your hands in the air and saying, I don't want to deal with this anymore. I think that we get individuals in front of us all day long that don't like simpler issues than what you're dealing with, and they sit here and tell us, oh, I'm not going to deal with this. I'm going to just move, right? It is clear to me, overwhelmingly clear, that not only are you dedicated to what I would describe as a passion, but to the city. This is your second establishment, from what you just told me, on both the East Bank and the West Bank. And although there is a negative narrative around circumstances that happened, I do appreciate that we can't always control what happens in those establishments, right? You're one person. So no matter what my colleagues decide, I want to personally thank you for your dedication to this city and not giving up. I mean, obviously, this wasn't a turnaround, fix three things, and super easy process for you, since you're in front of us. And even now, you're trying to go above and beyond with staying in compliance, even without a guarantee, per se, of you pouring more and more of your hard-earned monies into this work. So I just want to go on the record from this position and thank you for your commitment to the city. We appreciate that. Thank you. And I agree also. You didn't just give up. You continue to try to reach back out and ask. You know, I'm not finished, but I'm going to continue to do what I need to do. And nobody ever said, you know, you have 180 days. They just told you, you know, just call me back when you're finished. So I understand. You didn't know. And I agree with my colleague. Appreciate it. Thank you. So are you more than certain that within a six-month period of time that all the issues that we've talked about will be remedied? Yeah, definitely, sir. Six months easily, hopefully two months, because, you know, it's hard to pay rent on a closed location. So every month I'm closed is a big penalty. Tell me again, you said that you were going to open your establishment even without a liquor license if you're selling Sprite and Dr. Pepper and Sweet Pea. Correct. When do you anticipate that? Starting next week after I'm going out of town to Florida for 4th of July. So when I come back next week, we are just going to start going 100 percent, trying to go through just to at least get the bar open, the location open to rent pool tables, sodas, waters, and then go through that hood, the hood inspection that caused all the problems, caused a lot of problems, get the hood, get the food up and running. And that way, once I'm actually open, there's maybe I could, you know, buy some time on the ABO permit.

But it would definitely be easier if I knew I was going to get the ABO permit now rather than I go through and open up and six months down the road it's like, hey, I'm just losing money doing it like this. Yes, sir. If it was imminent that he would get the ABO permit, we could possibly provide him with some rental assistance or some deferred rental that would help his cash flow to get some of these things moving faster. As I said, the bar is a very, you know, his business is very important to us and our success. And we could certainly be willing to defer a little bit of the rent and help fill up his gas tank so he can get that hood, he can get that sprinkler system done. You know, opening, selling, opening a 16,000 square foot venue, selling Coke and rent pool tables, I honestly don't think that's a viable option. But it's his business decision, not mine. Last but not least, I think like you said, New Orleans is lucky to have someone who wants to do that. Is there a motion on the floor? If y'all are ready to vote, we can vote. All right. Let me ask you this while he's processing, because it's just kind of on my mind, because Mr. Uniform over here is making me think about safety perspectives. You want to open in two weeks. No, two months. Well, okay. So between, let's take alcohol sales off the table. Are there anything else that the city is going to come back two days or so, or someone from these entities are going to come back and say this is not safe, whether you're selling alcohol or not? No. The bar today is in better condition than it was the very first day we opened, because we've gone in there and we've caulked, painted, primed. We've fixed so many little knickknack things in there, new equipment. There's like, if the city go through the city code violations, the little ones that are left, all the extension cords have been pulled out and all that. I don't see why we won't be back open, and we were open for 14 years straight until this happened. We were open. We had Saints players in there, Pelicans players in there. We had live bands, and it was an active spot for the city. So we want to just get back on that track and hope no issues in the future. I know I've asked this question before, but to reiterate, what percentage of the repairs and the remedies have you done at this point? Probably 90 percent. We have the hood system left, and a lot of small things, like put some labels on the breaker box. Are you ready? Yes, I just want to go. back on the record and reemphasize my point that I do believe that, um, this is a significant flaw in the system whereby you can potentially have a business, um, that it's not operational because of a cold violation. And in fact, that business, if that business does not cure those violations within six months, that business would not be eligible for a B. O. Permit if it falls within that particular zone, right? Um, that's very troubling for me, especially if the goal is to keep these businesses in commerce, right? Um, you know, so, Mr Hampton, if you could engage me just briefly and share with the commissioners here, um, the investigation that you cited here that revealed that the nonconforming use at this location ceased and desist for more than 80 days. Just give us the specifics to support that rationale. Uh, the little information I can give you about that. I believe when he visited the office, um, checking a B. O. Um, when we sent the into you comment, and that's a process where you can provide proof that you have been in operations and you have not seized. He told one of my support is that he couldn't provide that information because he was not operating within the 180 days. Do we have a date? Do we have any documentation to that? I will have to go back and see when he checked into the lobby of safety apartments. Okay, so what I'm hearing as of now, um, the rationale for denying Reverb LLC D. B. A. Shamrock Boring Grill, uh, was because of nonconforming use that the business entity has not been operating for more than 180 days. And you're going to provide us with the date in which that business ceases operations? Well, I believe revenue by documentation of zero sales for the six months plus state that again, please. I believe revenue. There were revenue provided statements of zero sales tax submitted for the not into you. Okay, and I guess essentially where I'm at is how are you able to determine that? Hey, this business was not operational for six months, right? And you haven't presented anything to us. Uh, any evidence? Uh, any documentation that shows that? Yes, this business, in fact, ceased to operate on this particular date. And from this date to where we are now, 180 days have passed, and therefore this is why this particular ordinance is applicable. And this rationale for denying the permit is appropriate. Yes, commission. So we again, we did send him the comment to apply for the into you. But he said to us that he could not provide that that evidence because he did cease. So through the comments, we did send that as an option. And I guess my ask is, is that something you were able to provide to the board? We can provide that the comment was sent to the applicant. Okay, I would just note that on the N. O. F. D. Report, it's date completed is 9 4 24. And the cease and desist orders contained in that. So that would be the date that once they received that report, they could not operate from that date. They have provided no proof to the city or anyone else that they have sold a drink or operated because the cease and desist order hasn't been, to my knowledge, lifted because they haven't complied with these violations, remedying these violations. There's safety and life hazards. Given that information, the clock with regards to the six month time frame for nonconforming use began to run September 4th of 2024. Yeah. That's just what that's just really sure. Could you repeat that question, please? Right.

So the question is, is that the time clock for the nonconforming use? Uh, 100 day, 180 days lot of apply. Um, did that time clock start to run on the September 4th, 2020 24 day? Like I said, like I said, um, the other entity, we sent notice to them on that. Um, again, when this present entity came back, it was issued in the era. Um, and then basically what we do is we get confirmation from Bureau Revenue regarding sales tax submitted that shows that zero sales have been made. So that would indicate that the business cease operations as the use that they are zoned as. And I guess what I'm asking, what was the date? Right. What was the date? The day that he sees operations. According to the revenue document that you're referring to. Oh, this is my first time saying is this was just brought. So I wasn't aware of this. We asked for the into you through the comment on that was sent on May 4th, 2026 for him to let us know that he's still been in operation. All right. So again, how were you able to determine that? 180 days had lapsed that passed. How were you able to determine that? The best that I can tell you again, it might sound like I'm restating it, but we sent the comment for him to provide proof to us. Also, we use revenue, and he also told us when he visited safety and permits that he can't provide their proof because he was not operating. And we still don't have a date. This is what revenue provided us with the sales tax use. They have from January to this year and from December, December of last year that they reported zero sales tax for first, I'm not operating. So this is why I would think that, you know, we would have been able to determine that. But I don't think that we would have been able to do that. First, I'm not operating. This is why I would think that, you know, the owner should receive notice, right? Because proper notice, we would have a stamp date on a particular document that shows that on this particular date, this individual was informed of X, Y and Z. And from this particular date, this is the date that your clock begins to run. You have 180 days from this point. And what I'm hearing is, is that this didn't take place. But nevertheless, I see before me that an investigation was conducted, and that investigation revealed that nonconforming use for at this location location ceased to operate for more than 1 180 days. But yet I don't have a date of when that clock began to run. And again, I think what would appear this was providing the business owner would notice Yeah. Okay. Is there a motion on the floor? I'll make a motion that the board vote on whether they are going to approve the appeal of the business entity in a grant them a approved a B. O. License for 2025 2026 to run through 2026. Correct. That is why you're here asking us. Yes, ma'am. For it through. Actually, it's a 2026 through May 31st, 2027. It runs correct. So I'll make a motion that the board vote on whether they are going to grant his appeal and extend a license to him for the 2026 alcoholic beverage year question. There's a question on the floor. My concern is that if we granted for a year that there's no assurance that in fact that he has followed up and completed the requirements. So what's the question? Question is that should we as part of the motion, should should we be provided with a date whereby in that these items need to be completed? And if not, the motion to extend the A. B. O. The alcohol license will be revoked. Well, then, with that being said, we can amend the motion and state that we that we can tentatively grant an A. B. O. License in two months, contingent upon a contingent upon completing and having me a new inspection report between now and two months. And in two months we can then agree to grant your alcohol beverage license for the year 2026. And I think that solves Mr. Chairman's concerns on whether the work is actually going to get done. Also, it allows you the two months that you say you need to complete all the work. And at the tail end, everyone should be happy with having the license approved in two months. Can I say because there are unexpected things that can come up and I was never made aware of the 180 days. Even though I'm going to try to open up as soon as possible, I would rather have the 180 days start now, not just a 60 day window, because if I run into any type of snag with a fire marshal or anything or just say I get sick for a month, I just, you know, if I've never been aware of this 180 day thing until like a month ago when they denied this permit, I'll open as soon as possible and hopefully within two months. But just in case, since I've never gotten the benefit of the 180 day deadline, I'd like to be able to have that cushion. Here's my concern with that. And this is the lawyer talking to me at the moment. I can't over necessarily revise and amend the city's black letter law, right? Right now I can overrule the board can over can do this in this instant, but I can't start a new clock for you because that's the city's. If they don't want the clock to start today when I've actually gone to the hearing and the downside of it is if we if we don't get approved, this company gave me an estimate to reapply for a nonconforming use and they're estimating $26,000 for that application to file for a permit. I'm not sure what company that is, but I would. probably advise on everything I just read, don't pay them any money. We'll actually go through the non-conforming use application process and to try to get back into a non-conforming use. That's just what they told me that. It sounds to me like they're going to give you the approval, but you'll get two months instead of six months. Right. Maybe we can get more than that. Just because, as you can see, the way the state fire marshal was when he came, he got mad. And he was just like, I'm just going to throw a monkey wrench in your project, the guy Andrew.

So if I do everything in two months and Andrew shows back up, and he's mad again, and he's like, well, I'm going to set you back another two, three months, it's like I just needed it. Any time is good, but the full 180 days would be what I was supposed to be alerted to. Your license would be conditionally approved. So if I don't actually get open in 60 days and they'll be like, well, your 60 days passed, so it's like you can't get the license now. So I think we're talking about different things at the moment. So there is city law that says you're not entitled to a new license currently, which is why you're here in front of us, because they denied it for nonconformity. That's over here. We as the board are sitting here saying, we hear that. We receive that. We don't think you got your due process in that, and that we are willing at this moment to consider giving you a conditional license irrespective of that 180 days. But we need your continued effort in getting this done. So you mentioned being sick, and I also know that you said you don't want to continue to pour all this money into this project if you are not guaranteed to get this license. What the board is proposing, or what I'm proposing to the board is that we are telling you up front, if you do this work in the next two or three months, we're going to get you your license so that you have that assurance from us. But in hindsight, we need you to get all of those things taken care of. Does that make sense? Are we on the same page right now? Why can't they just go ahead and renew the permit that I applied for, because that's good until May of 2027, and then say, hey, your 180-day clock to open starts now. So here's your permit. You've got to get open, or you're going to lose your non-conforming use. Because I never got the 180-day notice until like a month ago. Let me give you a second to go talk to them, explain it in a different way. Well, I'm sorry, but we will help you in any way possible with the state bar marks, financial aid, research, whatever. But they are, in my mind, about to issue you, saying you can have your ABA permit provided you complete all these things. So after that, we're going to get your conditions, get your approval, which throws the whole non-conforming up. You're ready to go. We comply with the state bar marks. I also have a job that needs to be done. So you're, you know. Thank you. I'll send it to you. I'm not ready for the case. I mean, this is your personal work, so that's why you're sending it to me. All right, thank you. I understand. Are we all good? Yes, ma'am. Thank you. So there's a motion on the floor. I second it. Those in favor, respond by saying aye. Aye. Aye has it. Motion's so ordered. We are done here. We'll see you in two months on August 24, 2026. I need you to come back in two meetings from now, OK? Work with your village, work with your community. I need you to come back on August 24, 2026. All right, appreciate it. With all parties. And let me know that we're all good, and then we'll get that license taken care of. OK, appreciate it. Thank you. We have some photos. Thank you very much. Here, let me give you your exhibit. Let me get you your exhibits back. All right. Good job. They brought it to us, and we're supposed to send it down. I have a meeting to go to. I would like to return, but if not, I'm not going to. OK, well, can we talk to their council member? Let's see. I'll switch from my end on that. I mean, I can see that we can get everybody to give you permission, but I'm not going to do that. They have a meeting to go to. We didn't ratify our resolution today. Oh, we didn't. Yes. We're not done. We didn't ratify it. We didn't ratify it yet. Oh, OK. That's it. We've got one more. We've got to ratify it. I didn't. Ratification of the sales tax hearing. I think we all forgot about that. Hearing number 6125-TX, this item, DPMJLOC doing business as Bayou Restaurant. This item was continued to the meeting of July 29. Hearing number 07525-TX, Nicholas S. Carnot IV, Incorporated, doing business as Cornette. This item was also continued to the July 29 docket. Hearing number 00426-TX, Dayan LLC, doing business as Tsunami. This item was dismissed. Hearing number 00726-TX, Soul of a Lion LLC, doing business as Voodoo Chicken and Daiquiris. A judgment was made in the amount of $3,000 payable within 120 days. Hearing number 00926-TX, Joe Catering and Special Events LLC, doing business as Il Mercato. This item was continued to August 24. Hearing number 0166-TX, the Jump Off Lounge LLC, doing business as the Jump Off Lounge Restaurant and Grill. A consent judgment was rendered in the amount of $450 payable within 30 days. Hearing number 02026-TX, Twisted Waffles NOLA LLC, doing business as Waffles NOLA. This item was continued to the August 24 hearing. Hearing number 02526-TX, Rendon N. LLC, doing business as Rendon N. A consent judgment was ordered in the amount of $3,000 payable within 60 days. Hearing number 02626-TX, Anthony A. Pierre, Senior, doing business as Tony's His Parakeet Bar and Lounge. This item was continued to the July 29 hearing. Hearing number 02726-TX, Common House NOLA LLC, doing business as Common House. A judgment was rendered in the amount of $1,100 payable within 45 days. Hearing number 02826-TX, Bar and Grill LLC, doing business as The Island. This item was continued to the July 29 hearing. Hearing number 02926-TX, Club Goodtimes 2 LLC, doing business as Club Goodtimes. This item was continued to August 24 hearing. Hearing number 03026-TX, The Superb Pearl LLC, doing business as The Superb Pearl. A judgment was rendered in the amount of $1,200 payable within 45 days. Hearing number 03126-TX, At The Avenue Incorporated, doing business as At The Avenue. A judgment was rendered in the amount of $500, which is payable within 45 days. Hearing number 03226-TX, K&O Brothers LLC, doing business as D&M Discount Store.

A judgment was rendered in the amount of $4,200 payable within 30 days. Hearing number 03326-TX, 2901 Bar and Lounge LLC, doing business as 2901 Bar and Lounge. A judgment was rendered in the amount of $1,300 payable within 45 days. Hearing number 03426-TX, 237 Decatur LLC, doing business as Estrella. This item was continued to the July 29 hearing. Hearing number 03526-TX, MDK 327 Bourbon LLC, doing business as Corruption. This item was continued to the July 29 hearing. Hearing number 03626-TX, Kiki 2 LLC, doing business as Kiki 2. This item was continued to the August 24 hearing. Hearing number 03726-TX, Nola Cheers LLC, doing business as the 337. This item was continued to the July 29 hearing. Hearing number 03826-TX, Element 79 Nola LLC, doing business as the Wisdom Reception Center. This item was continued to the August 24 hearing. Hearing number 03926-TX, Avenue 1628 Operations LLC, doing business as Sea Witch. A judgment has been rendered in the amount of $1,250 payable within 45 days. Hearing number 04026-TX, Vino Fine Wine and Spirit LLC, doing business as Vino Fine Wine and Spirits. A consent judgment has been entered into in the amount of $325 payable within 45 days. Hearing number 04126-TX, Jack Hill's Backstreet Lounge, Incorporated, doing business as Jekyll's Backstreet Lounge. A consent judgment has been entered into in the amount of $3,000 payable within 120 days. And that concludes the ratification. Move to approve. I second it. It's been properly moved and seconded. Those in favor, respond by saying aye. Aye. Ayes have it. Motion to move it. So motion to order. Do we have a motion for adjournment? I make a motion to adjourn. Second. It's been properly moved and seconded. Those in favor, respond by saying aye. Aye. Ayes have it. Motion to order. OK, sit back.