For the fourth time, Chattanooga businessman Mark Chitwood walked away from the Chattanooga Beer and Wrecker Board without a license to sell beer at the new restaurant and bar he is trying to open at 511 Broad St.
Chitwood's frustration was evident in his voice as he explained the latest delay to the board Thursday morning.
"First I learned that under new fire code requirements I had to replace the wall behind the hood over the kitchen stove. That involved removing the whole hood and replacing the entire wall with corrugated steel and fireproof insulation and fire-rated (sheetrock)," Chitwood, owner of the Southern Brew and Cue on Rossville Boulevard, said. "Got that done then (building inspectors) wanted the rear entrance, which is recessed, redone. The last thing was this wall and other wall that (building inspectors) wanted added on the loading dock where I already built a wall."
Chitwood must receive a certificate of occupancy from the city before he can get his beer permit. City building inspector Carey Morris said he informed Chitwood's construction manager about the wall.
The board declined to issue him a permit based on his good record. Chitwood asked for the beer permit based on his claim that the wall would be finished Friday. He must have a beer permit before he applies for a state liquor license, he said, and if he has to wait two more weeks, it will delay the liquor license, pushing his opening date back even further.
"I have an impeccable record at the Rossville Boulevard place," he said. "In the year and a half I've been open, I've never been cited, hadn't had the police called on me. In my recent restaurant inspections I received a 94 and a 97, and I got a 97 in the liquor inspection."
Board member Ron Smith said the board cannot make such exceptions. Applicants must get the proper permits from the city building inspector, the health department and the fire department before they can apply for a beer permit, he said.
Chitwood said he understands that there is a process and he must follow the rules. He scoffed at rumors that his connection with Darrin Webb, a former Chattanooga nightclub owner who was recently released from prison, have anything to do with the problems he has had.
"I hired Darrin as a consultant, he has his consultant's license, to help me open these restaurants," Chitwood said. "He has more knowledge and experience in this business than anybody."
Webb was convicted in March 2006, sentenced to 10 years in prison for paying a bribe to a General Sessions Court clerk, according to state records. He was ordered to serve the sentence consecutively to the 46-month sentence he received from U.S. Court Judge Allan Edgar in September 2005, for teaching other people how to make incendiary devices in the ticket fixing bribery case.
Sources in the nightclub community and inside the Chattanooga Police Department are asking how a convicted felon can be involved in the bar and restaurant business.
Chitwood said Webb owns the building where Chitwood opened his first business, the Southern Brew and Cue, and he worked as a kitchen manager there.
Webb is on parole and normally is not allowed to associate with known felons or serve alcohol. Efforts to locate his parole officer Friday were unsuccessful. Chitwood said he understands that Webb will be allowed to work with alcohol after five years on parole because he was not convicted for an alcohol-related offense.
A federal parole officer in the Chattanooga field office said that the decision to allow a parolee to work around or with alcohol is made in a case by case basis and depended on the type of offense. Some parolees work serving alcohol, the officer said.
Chitwood said he hopes to open the Southern Comfort restaurant by the end of June or first of July.
