The Carbondale Liquor Control Commission Tuesday night denied transfer of a Class B2 liquor license to owners of a club slated to open in the former Smil’in Jacks building.

The license transfer was recommended by the Liquor Advisory Board, the body that reviews liquor license applications. Members of the Liquor Control Commission, who are also city council members, however, said they feel parking at Lewis Park Mall is no longer adequate for the current use of the area.

The Commission based its decision on a history of problems with on- and off-street parking in the Lewis Park Mall area. At times, parking has spilled out onto East Grand Avenue, making it nearly impossible for emergency vehicles to access the area.

Advertisement

The situation at Lewis Park Mall is unique, though, in that there is a covenant between business owners in the Lewis Park Mall that allows everyone an equal amount of parking. The parking spaces are not devoted to any one business.

Mark Robinson, vice-chairman of the Liquor Advisory Board, said the board considered this when making its recommendation.

We figured that if we said they can’t have their license that we were setting the city up for a law suit, he said.

If we say Guy A is entitled to this number of parking spots and Guy B can’t have this many, we’re denying Guy B the opportunity to earn a living.

Joe Mitan and Thad Moore, co-owners of Club Viva, are working with Ed Wilmering, owner of the building, to create more parking in the area. Plans include paving the empty space west of Pick’s Electronics, said Ed Heller, Wilmering’s attorney.

Heller told the commission, If you consider all the spaces in the lot there are enough parking spaces.

He also said his clients will attempt to resolve the parking issue and will reapply for the liquor license in June.

Advertisement*

In a telephone interview Wednesday, City Councilman Michael Neill said the commission’s decision was based on the fact that, historically, businesses in that location have had many problems.

You have to look at the public safety issue, and that’s what it’s coming down to, he said.

Built in the 1970s, the Smil’in Jacks building originally served as a grocery store. More recently it has housed several nightclubs, including Checker’s, Detours, and Smil’in Jacks. In 1997 Wilmering tried to sell the building to the owners of the defunct Chadwick’s Restaurant.

Mitan told the Commission that he and Moore plan to open an upscale nightclub and have been working to renovate the building.

We have hired a good staff and quality, trained people to work at the club, he said.

Mayor Neil Dillard said the commission wants the business, but they may need to re-examine their proposal.

In other business, the City Council:voted to donate $2,000 to the Student Programming Council, contingent upon booking Ziggy Marley for a free concert during SPC’s Spring Thing, which recently moved to April 25.

granted a Fair Days designation for Carbondale Main Street and Carbondale Community Arts Music on Main jazz concerts, May 1 and Sept. 25 at the town square pavilion. The designation will allow concert-goers to consume canned beer or boxed wine.