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Wednesday, June 19, 2013 | 5:14 p.m.

Posted: 5:09 p.m. Friday, Nov. 9, 2012

Nightclub forced to close during license appeal

By Steven Matthews

Staff Writer

HUBER HEIGHTS, Ohio —

The Ohio Liquor Control Commission announced Friday that it has denied Heat Nightclub’s request to continue operating during the establishment’s appeal process.

However, the club manager said she planned to remain open anyway.

The city of Huber Heights filed a pair of objections with the Liquor Control Commission requesting that Heat Nightclub not be permitted to sell alcohol.

The Liquor Control Commission discussed the matter on Wednesday, and city and nightclub officials were notified Friday of the commission’s decision.

“Obviously, the city is very pleased,” said Mike Bly, a member of the city’s legal counsel. “As I’ve indicated before, the city is pro-business, but not at the expense of the community as a whole. This establishment is a detriment to Huber Heights. The shots fired (Nov. 3) is a perfect example.”

Club manager Jessica Kennedy said an event that was scheduled Friday night was expected to go on.

“I know that I’m operating,” she said.

Jackie Williams, executive director of the Liquor Control Commission, said if Heat Nightclub operates without a liquor permit, it is subject to being cited by local and state law enforcement.

“We want to avoid that, obviously,” Huber Heights Police Chief Robert Schommer said. “Our intentions are to make sure no alcohol of any form is distributed or sold from this point forward.”

The city filed its first objection Nov. 2, saying it “continues to expend significant resources associated with the ongoing operation of the Heat Nightclub’s business.”

Early the next morning on Nov. 3, a large brawl that included gunshots ensued at the nightclub, 6115 Brandt Pike. No injuries were reported and no one was arrested. Police later found four .40 caliber shell casings in the parking lot.

The investigation is ongoing, Schommer said.

“I don’t know anything about that,” Kennedy said. “There are also other businesses around and it’s a public parking lot. I can’t tell you where that came from.”

On Nov. 6, the city filed a second objection with the Liquor Control Commission, stating that the incident was “further evidence of why the permit holder should not be permitted to continue to operate pending its appeal.”

“This is precisely the type of ongoing activity which is substantially interfering with the public decency, sobriety, peace and good order of the community,” the letter said. “It also demonstrates that the permit holder continues to operate its business in a manner that demonstrates a disregard for the laws, regulations and local ordinances of the community and State of Ohio.”

The Ohio Division of Liquor Control rejected Heat Nightclub’s liquor license renewal and transfer of its liquor permit application, effective Oct. 24.

The nightclub filed its appeal shortly thereafter, and Bly said he expects the hearing to take place in the next 45 to 90 days. The Liquor Control Commission’s decision can be appealed in Franklin County Court of Common Pleas.

Earlier this year, Huber Heights City Council unanimously objected to the liquor permit renewal and transfer of the liquor permit application. City officials have cited excessive police calls for their decision, but Kennedy has repeatedly said Heat Nightclub is unfairly scrutinized by the police.

Huber Heights police has received about 100 calls for service at the nightclub since Nov. 20, 2010.

City Council voted against Heat Nightclub’s liquor license application in the summer of 2010 because the owners had problems at their former club. The Liquor Control Commission approved the license after an appeal.

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