Tribune/Debra Reid - David Gonzales, owner of Victoria's Beauty Salon, erects a new beer booth despite threats by City Attorney Chet Adams that his booth would be shut down. Gonzales was upset after finding his old booth straddled by Waste Management dumpsters early Thursday.
Tribune/Debra Reid - Two Waste Management dumpsters appeared overnight next to David Gonzales' beer booth on Victorian Avenue.
On Wednesday, Gonzales was issued a misdemeanor citation for “operating without a business license” by Sparks police about 30 minutes after Sparks city attorney Chet Adams and a friend patronized Gonzales’ booth and told him he was selling liquor in violation of city code.
“I have a permit to be there,” Gonzales said.
But a day before the Rib Cook-Off opened on Wedneday, Gonzales said he was asked by Lt. Chad Hawkins of the Sparks police to move his booth to a parking area adjacent to his business, Victoria’s Salon. Gonzales said visibility was too low in the parking area and business at his booth would suffer.
Gonzales said that at around 4 p.m. on Wednesday, a woman purchased a margarita, asked for a receipt then Adams walked up and handed Gonzales his card. Adams said Gonzales was in violation of his permit for selling the drink and that he had 20 minutes to close down the booth. Gonzales claims Adams threatened him with arrest if he sold another margarita.
Documentation submitted by Gonzales to sell alcohol at Sparks special events shows that he applied for the permit on April 30. The application, submitted by Alda Rodrigues who co-owns of Victoria’s Salon and the Inca gift shop with Gonzales, indicates that they wanted to sell beer, margaritas and wine using plastic cups and plastic containers. The application is marked “approved” and signed by Lt. Chad Hawkins on behalf of police Chief Steve Asher.
The application for the permit cites Sparks Municipal Code 5.28.160, titled “Special Event Alcoholic Beverage License.”
The license Gonzales showed to the Sparks Tribune was issued on July 10 and says, “BUSINESS CLASSIFICATION Alcoholic Beverage Package.”
“I think there was a misunderstanding as to what he could legally do,” Adams said. “He was cited for selling mixed drinks.”
Adams went on to say Gonzales had a “packaged license,” which allows him to sell alcohol in its original packaging. Consumers must drink their alcohol off the business’ premesis.
According to Sparks Municipal Code, a “special event alcoholic beverage license” is required to sell alcohol at any city special events.
Also at issue is the fact that John Ascuaga’s Nugget has leased Victorian Avenue from Pyramid Highway to 15th Street for the duration of the Rib Cook-Off and has its own rules for event vendors. For the week, the Nugget has control of that stretch Victorian Avenue. Nugget spokesman Mike Traum said vendors who participate in the Cook-Off pay a $750 fee and that Gonzales is not a paying vendor.
“We want local businesses to be able to participate in this event but it’s critical that everybody play by the same rules,” Traum said.
The Nugget rented Victorian Avenue all the way to 15th Street in late August, which Traum said is largely due to the fact that the Nugget took over many of the events associated with Hot August Nights. He said that although the event ends at 14th Street (also called Victorian Circle Plaza), the Nugget planned to use the block between 14th and 15th streets for event staging. Gonzales is set up on the corner of Victorian Avenue and 14th Street.
In addition to his permit woes, Gonzales is battling a dumpster problem. Two large dumpsters originally placed in the parking area outside Victoria’s Salon were moved sometime Wednesday night to either side of the tent he originally set up to house his food and beverage sales. When he arrived Thursday morning, Gonzales found the dumpsters blocking his tent. So he moved his operation to a small canopy on the northwest corner of Victorian Avenue and 14th Street.
Traum said the dumpsters were moved to the sidewalk from the parking lot, which is owned by the Nugget, to free up parking spaces.
Late Thursday afternoon, Gonzales continued selling a variety of beers, water and soda to thirsty rib patrons about half the cost of others on the street. He praised Lt. Hawkins for his polite manner and attempts to resolve the situation.
“Lt. Hawkins is the only one who’s tried to fix this,” Gonzales said. “He’s been very cooperative and understanding. But he has bosses, too.”
Pete Burgarello, owner of Burg’s Victorian Bar, said he doesn’t participate directly in the event but has set up a booth to sell Budweiser beer outside his business located at Victorian Avenue and 15th Street. Burgarello acquired permits for the booth from the city and not through the Nugget as in years past.
“We stopped buying booth space from the Nugget two or three years ago,” Burgarello said. “We used to send all of our (permit) forms to the Nugget. The city’s changed. The new bus station has hurt our business. Now nothing goes past 14th Street.”
Burgarello has a cabaret liquor license to sell mixed drinks inside his bar but said the permit does not allow him to make mixed drinks in the booth outside.
“I don’t think you can take a blender out there and control the alcohol content,” Burgarello said.
He explained that it would be impossible to precisely maintain the permitted amount of liquor mixed in a blender.
Tribune writers Sarah Cooper, Debra Reid and editor Nathan Orme contributed to this report.
It is appalling what happened to a local business owner here in Sparks during the Nugget Rib Cook off at the hands of the Nugget personell, the Sparks Tribune was bold enough to print this incident because it IS important, it goes to show how power hungry our local Event Coordinators such as the Nugget and Hot August Nights have gotten out of control, and how much they intimidate our own city council members.
As a Sparks Small Business Owner (Baskin Robbins) my heart goes out to David Gonzalez, who had a permit to run his own booths in front of his own business' adjacent to the Nugget during the Rib Cook Off. Apparantly the Nugget was not having this, they put LARGE dumpsters in the area where Mr. Gonzalez was to put his booths, but he tried to set up anyway, so the Nugget called in reinforcments, the Mayor and The City Attorney, and the police, the harassment that David Gonzalez suffered for trying to run his own little booth with a LEGAL PERMIT that he had obtained prior to the event, is unacceptable. this town seems to be owned by the big corporations, event planners and the Nugget! I know this from experience, we were harrassed and blackballed from events with our ice cream trailer beginning with Bruce Walter of Hot August Nights, he inturn contacted the Nugget Event coordinators (and the Ascuaga's)making sure we were banned from their events (I have emails to prove this). We have offerred to sponsor events, be part of events like the Rib Cook Off, but apparantly the Nugget has blocked my email address since having contact with Bruce Walter, and they also refuse to return my calls, or even give us paperwork to apply for the event, I even got a sarcastic email from a Beth Cooney at the Nugget, basically making fun of us for trying to be in the Rib Cook Off (how professional is that?) I went to my city council, who cowered to these Event coordinators... who runs this town? Is John Ascuaga now the Mayor? We are a respected LOCAL business, and we live in the city of Sparks and support our local charities, pop warner, Reed highschool, and all of our senior ice cream socials, why are we treated like unwanted trash? Because we don't know the right people? Because Bruce Walter is (his words) "I AM Hot August Nights, don't mess with me, I will shut you down" (my own city council says they can't get involved even though he threated us)We are appalled at the unprofessionalism and control factor the Nugget and Hot August Nights has in this city... it MUST STOP. We love the Rib Cook Off, but tonight we asked most of the Vendors where they are from, um, gee Vendors from the Bay area and San Francisco and everywhere else are there, but a local business like us in Sparks are banned (would anyone like some LOCAL ice cream?).... Why are we punished for just trying to be part of our cities wonderful events? The Nugget mouthpiece, Mike Traum, says it's all about Local business, Hogwash! I stand behind David Gonzalez, because locals have to stick together. Mr. Gonzalez, has tried for years to be a sponsor, and our business has also offered, but we apparently are not in the 'club'....It seems these so-called local Events have become NOT so local.... Greed, money, and Control from big business is winning here.... we need a new city council to back us... and I am not alone in my thinking... Stand Up SPARKS and be heard.