“They’re not suspended. I’m operating,” said Kennedy, who declined to comment any further.
There have not been any payments or payment arrangements made as of Thursday afternoon, according to the Attorney General’s office. Heat Nightclub had until noon Monday, May 28, to do so before the indefinite suspension began.
The nightclub’s tax obligations need to be taken care of before the liquor permit renewal and transfer application are approved, according to Liquor Control Commission executive director Jackie Williams.
“It behooves them to be in touch with the appropriate authorities,” Williams said.
As of April 13, Heat Nightclub owed $3,291.54 in sales tax, but that number would have increased as the nightclub continued to operate, Williams said. A suspension order was sent out April 27 via certified mail, but the commission didn’t receive a postcard back. An Ohio Investigative Unit agent was requested to serve the order, said Williams, who was uncertain if that service had been completed yet.
Even with the liquor license suspension, Heat Nightclub’s two public hearings are still scheduled to move forward June 26, the Ohio Division of Liquor Control said.
Huber Heights City Council passed a resolution in late March objecting to the club’s liquor permit renewal. Then last month, council agreed to object the transfer of the liquor permit application to Kennedy from her mother, Chief Executive Officer Deborah A. Young.
City officials have cited excessive police calls as to why they are against the renewal and transfer. From Nov. 20, 2010, through the end of February of this year, Huber Heights police received 72 calls for service at the nightclub, which is located at 6115 Brandt Pike.
“The issues that the neighbors and other local businesses have raised and the stuff that has caused our police force to be taxed — it’s just a culture we’re not in sync with,” Councilman Mark Campbell said. “The evidence will be quite compelling with the number of incidents. With the quantity of incidents and the level of such, I think we’ll be successful.”
Kennedy pled guilty May 11 to two counts of disorderly conduct stemming from noise complaints late last year, Huber Heights Police Chief Robert Schommer said. She paid a total of $165 in fines and court costs.
“We dismissed the charges against Deborah Young and reinstituted two counts against Kennedy, who was managing the bar,” Schommer said. “Ms. Young was not present (at the bar) and Ms. Kennedy took responsibility.”
At the hearings — which will be at the Montgomery County Commissioners’ Office — a Division of Liquor Control staff attorney will collect evidence and hear testimony presented by both parties. The attorney then will prepare a report for Superintendent Bruce Stevenson, who makes the final decision to overrule or sustain the objection.
Once a decision is made, an appeal can be filed with the Liquor Control Commission. The commission’s decision then can be appealed in the Franklin County Court of Common Pleas.
“We are the first step in the process,” said Matt Mullins, spokesman for the Division of Liquor Control. “It makes sense (to have both hearings at the same time) when the same parties are in the room. One depends on the other. If the permit is not renewed, there’s no way to transfer ownership.”
Contact this reporter at (937) 225-2281 or smatthews@coxohio.com. Follow this reporter on Twitter @StevenWMatthews
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