Memorandum

City of Lawrence

Legal Services

TO:	Toni Ramirez Wheeler, Director of Legal Services
FROM:	Scott J. Miller, Staff Attorney
Date:	February 13, 2008
RE:	Last Call Liquor License Proceedings

Tremors, Inc. is currently appealing the decision of Thomas Groneman, ABC Director, not to renew the liquor license of Last Call, a licensed drinking establishment located in Lawrence at 729 New Hampshire. The case is currently before the Shawnee County District Court. A brief review of the case history follows.

Last Call’s liquor license was up for renewal in November, 2007. The City of Lawrence exercised its right, provided by Kansas statute, to request a hearing to contest the license renewal. A two day hearing was subsequently held. At the hearing, the City of Lawrence presented its concerns regarding the establishment. Those concerns centered on threats to the public safety, violations of the criminal laws, and the disproportionate use of police resources. Although the Director refused to consider the issues that had arisen outside the club in reaching his decision, he determined that the weight of the evidence was sufficient to deny the license renewal.

Subsequently, Groneman’s decision was reviewed and upheld by the Secretary of Revenue, Joan Wagnon. She refused to grant a temporary liquor license to Last Call pending the resolution of the appeal. This did not, however, cause Last Call to close its doors. It has been operating as a night club since that time, but has been unable to legally serve alcohol. It has been reported that Last Call now allows its patrons to bring their own alcoholic beverages into the club for consumption. Whether it is legal to operate in this manner is in question because of the legislature’s failure to adequately define some of the terms used in the statutes governing drinking establishments.

The agency action has been appealed to the Shawnee County District Court by Last Call. Appeals of agency actions can either be filed in Shawnee County or in the county in which they originate, at the option of the appealing party. The Attorney General’s office is responsible for representing the agency and defending its decision. Assistant Attorney General Sara Byrne is the attorney assigned to the case.

This case is one of first impression – no other Kansas city has previously prevailed in such a hearing, so no Kansas court has been called upon to decide a similar case. With this in mind, it is difficult to predict when the case will be finally resolved. At this time, the issue before the court is whether to grant a provisional liquor license during the appeal. After the court determines this issue, a full review of the agency decision will take place. Depending on the result of that hearing, additional review by one or both of the Kansas appellate courts is possible.

We will continue to monitor the situation and provide whatever information or assistance that is necessary to advance the interests of the City in this matter. Please let me know if you have any questions.