Hearing set to look into possible violation by bar

The owner of Rooster's Bar on South Seventh Street has been accused of serving alcohol later than city code allows.

The Brainerd City Council Tuesday set a public hearing for 6:30 p.m. Sept. 28 to hear charges against Rooster Marccarelli, owner of Rooster's Bar. City Attorney Tom Fitzpatrick said the hearing could take several hours as both the city and Marccarelli's attorney will bring witnesses to testify.

In a memo presented to the city council, Fitzpatrick said that about 1:30 a.m. on Aug. 13 Brainerd police officers heard loud yelling coming from within Rooster's Bar. Investigating, they found the rear door unlocked. Upon entering the bar through the unlocked door they discovered numerous patrons still inside drinking alcoholic beverages.

Brainerd's city code states that no patron of on-sale liquor license holders will remain on the premises after 1:30 a.m. The code also states alcohol is not allowed to be consumed after 1:20 a.m.

The council has the authority to suspend a liquor license for up to 60 days or revoke the license upon finding that the licensee has failed to comply with any applicable statute, regulation or provision of city code relating to intoxicating liquor.

In May, Marccarelli bought the Twisted Roses bar from Christopher Searles and renamed it Rooster's Bar. Searles, who had owned the bar since 2001, had been disciplined by the city on a couple of occasions, for offenses such as serving alcohol after hours, serving alcohol to intoxicated customers and assaulting a juvenile.

In other action, the council:

Adjourned to 7 p.m. Thursday for a budget workshop.

Authorized funding up to $6,000 for the fire chief hiring process by a 5-2 vote, with council members Bob Olson and Mary Koep voting against. Olson said concerns brought up by former firefighter and former ambulance operator Terry Moberg should be reconsidered by the Police and Fire Civil Service Commission because the city could save $1,000.

Authorized funding $2,000 for the testing process for the deputy police chief position.

Accepted a bid of $27,650 from Thelen Heating and Roofing to repair the Brainerd City Hall garage roof.

Accepted a bid of $12,560 from Thelen Heating and Roofing to repair the senior center roof.

Adopted an ordinance annexing three acres from Unorganized Territory belonging to Lynn Peterson.

Set a public hearing for Oct. 4 to consider a request to issue tax-exempt financing for construction of a senior housing facility in Detroit Lakes. There would be no liability to the city financially, and the city would be paid a fee for approving the financing.

Called for applicants for a one-term position, to expire in 2007, on the Brainerd Parks and Recreation Board.

Reappointed Thomas Pearson to the Brainerd Economic Development Authority.

Was informed that crews from Ti-Zak Concrete of Le Center would be in Brainerd to work on restoring north Brainerd sidewalk reconstruction work the council deemed unacceptable.

Accepted a bid of $7,500 from Westwood Professional Services for wetland delineation for the Ahlm property in north Brainerd by a 5-2 vote. Voting against were Olson and Koep.

MATT ERICKSON can be reached at matt.erickson@brainerddispatch.com or 855-5857.