Council approves liquor license transfer without topless dancing provision

Sunday Times Newspapers

MELVINDALE – City Council members on Wednesday approved a liquor license transfer after receiving assurance that it wouldn’t clear the way for an adult entertainment establishment.

Police Chief Rick Cadez recommended approving the transfer of ownership of the license from Rick Kincaid Sr. to his son, Rick Kincaid Jr., for the Hops & Barley Bar and Grill, 18561 Allen Road. He cited a completed background investigation of the new license holder in recommending the approval.

Some language in the application, however, drew the attention of Councilman John Rowe. He said wanted to make sure that the form did not inadvertently allow topless dancing.

The reason for his question was a box checked on the standard form next to the words “topless dancing,” which does not take place at the current establishment. Members briefly considered adding conditions to the approval that such dancing not be allowed under the new ownership.

Cadez agreed that inclusion of the words in the application was unnerving. He assured the council, though, that the license that is not one established to override local ordinances restricting the conditions under which topless dancing was either permitted or restricted.

At City Attorney Joseph Couvreur’s request, the Kincaids’ attorney, Kelly Allen, assured members that the new owner would not be introducing topless dancing or lingerie shows. She did express concern, however, that if the council added conditional wording to the application, the state approval process might be delayed unnecessarily.

Allen said the state does not like to approve individual conditions to license transfers because there is no system in place to enforce unique site conditions added by a specific locale. She encouraged members to approve the transfer with the standard wording in order to avoid any delay.

The council eventually acquiesced, but members also noted that they wanted to let the state know they did not like the topless entertainment wording included as part of the application for such a liquor license.

Couvreur then said that at Allen’s behest they could use the standard state liquor license transfer application, with a local document of record stating that the council did not approve either topless dancing or lingerie shows.

The vote was unanimous, with Councilman Jeffrey Bolton absent and excused from the meeting.

The Class C liquor license allows selling beer, wine and mixed spirit drinks for consumption on premises only. The specially designated merchant type of license allows dance, entertainment and Sunday sales.