Friday, May 25, 2012
By Melanie Creamer mcreamer@mainetoday.com
Staff Writer
WESTBROOK — The City Council voted late Monday night to approve a bottle club license for the owner of a strip club that the city shut down right after it opened last month.
The council voted 7-0 to approve the license for Dreamers Cabaret on Warren Avenue, which opened on Sept. 17 and was closed the next day, after Westbrook's fire inspector cited code violations.
A bottle club doesn't sell or serve alcohol, but patrons are allowed to bring their own.
The council voted initially to reject the license application, but reconsidered after an executive session and gave its approval. Councilor Michael Foley had left the meeting.
During Monday's public hearing, Rick Gouzi, the city's code enforcement officer, told the council that a bottle club license is identified in the city's zoning ordinance as a "restaurant class 3."
"We don't allow restaurant class 3 in any zones," Gouzi said.
Tom Hallett, the attorney who represents Larry Ferrante, owner of Dreamers Cabaret, said that zoning out class 3 restaurants is impermissible under state a law.
It's the first time the city has received a bottle club license application.
Councilors raised concerns about Ferrante's proposed hours of operation.
His bottle club license application said Dreamers Cabaret would be open from 11 a.m. to 3 a.m. Monday through Wednesday; 11 a.m. to 4 a.m. Thursday; 11 a.m. to 6 a.m. Friday and Saturday; and 4 p.m. to 3 a.m. Sunday.
Hallett told the council that alcohol would not be permissible after 1 a.m.
"The Ferrante Group intends to operate this club in a very safe fashion," he said. "They would have at all times three people on the floor making sure people did not become intoxicated. They want to provide a quality club in Westbrook. They do not want trouble."
Ferrante did not attend the meeting.
The council's Committee of the Whole is considering an ordinance to regulate nude dancing in Westbrook. The ordinance would prohibit alcohol at strip clubs.
City Administrator Jerre Bryant said before Monday's meeting that if the council approved the bottle club license and the proposed ordinance, Ferrante would have to decide between alcohol and nude dancing in his club.
The ordinance's proposed effective date is Sept. 22 – five days after Dreamers Cabaret opened. Hallett contends that because the business opened before the ordinance was submitted, it would be exempt from the new rules and would operate under a city code that imposes no restrictions on nude dancing.
The Committee of the Whole, which is made up of all seven city councilors, took no action on the proposal at its meeting last week.
On Sept. 28, Ferrante sued the city and Westbrook Fire Inspector Charles Jarrett in federal court, claiming that city officials violated his constitutional rights when it shut down the club.
Ferrante is seeking an injunction and damages for the city's revocation of his occupancy permit. City Solicitor Bill Dale and Sally Daggett, another attorney for the city, have until Wednesday to file responses. Hallett then has 24 hours to file an opposition.
The club cannot reopen until Ferrante addresses the code violations cited by the city.
Staff Writer Melanie Creamer can be contacted at 791-6361 or at: mcreamer@pressherald.com
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