Margarita madness
by Nathan Orme
Nov 14, 2009 | 229 views | 0 0 comments | 5 5 recommendations | email to a friend | print
The onset of cold winter weather makes me look forward to the summer heat. But since those temperatures are six months away, the warmth is easier to feel by looking backward. And since I’m a little hungry, too, I’ll think about the early days of September and dream of last year’s Rib Cook-Off.

For local business owner David Gonzales, the annual meat-eaters event has lingered heavily in his mind. That’s because he received a citation for selling blended margaritas at a booth outside Victoria’s Salon on the west end of Victorian Avenue during the event. The story was covered here in the Tribune at the time, in which we reported that Gonzales was visited by Sparks police and City Attorney Chet Adams and told his permit to sell booze only included beer and prepackaged liquor drinks. Believing he had the proper permissions, Gonzales continued to sell his blended margaritas and was later given a citation for it. (Read about it by searching “salon” at www.dailysparkstribune.com.)

On Monday this week, Gonzales had his day in court. Judge Jim Spoo found Gonzales guilty of violating his alcohol permit with an accompanying fine of about $350. According to Adams, city ordinance limits the alcohol content of beverages sold outdoors and the only way to assure compliance is to sell them from their manufactured containers. Adams went on to say that because he and police warned Gonzales about the violation before issuing a citation, Spoo felt Gonzales was flagrantly violating the rules.

Sitting in Victoria’s Salon on Saturday morning, Gonzales told me he did nothing differently this year than he has done for the four or five years he has had a booth at special events selling the exact same products. He has gotten his special event permit, written on the appropriate line the alcohol he intends to sell and everything has been fine. Even this year, he said, police visited his booth numerous times during Hot August Nights and the Fourth of July events and he passed inspection each time.

So what’s different this time? According to Gonzales, the difference is that somebody complained.

This time, in getting its permit for the Rib Cook-Off, the folks at John Ascuaga’s Nugget got a special event permit that overlapped the area where Gonzales got permission to have his booth. In years past, the Nugget’s permit went to 14th Street. This year, they got it to 15th Street to have extra room for a “staging area.” But that area was where Gonzales was selling alcohol and water and charging far less than the Nugget’s vendors.

Assuming Gonzales has been selling alcohol at events for several years under the improper type of permit, it is a little odd that this is the first time he has gotten in trouble for it despite being checked by authorities before. Sure, he should play by the rules, but how can he if the folks at the city have been applying different rules? Gonzales has a license to sell packaged liquor at his store. The city says he needed a special liquor license to sell his blended margaritas, whereas Gonzales says he had permission under his special event permit. I did not have the chance to try and dig up his prior permits, but I will attempt to do so.

All this difficulty would deter most of us from such activity in the future, even if we thought we were in the right. Not Gonzales. Immediately after this ordeal, he went to the Sparks Parks and Recreation Office to turn in his permit to have a booth during next year’s Rib Cook-Off. He told me the staff there didn’t want to take his application, saying there were “too many things involved” and changes to be made. After some persistence, he said they took his application. Then, two weeks ago, Gonzales said he was visited by several members of the same city department trying to convince him to hold his event on a different weekend.

I see Victorian Avenue on weekends when there are no special events. It’s a ghost town. It’s obvious that Gonzales is piggybacking on larger events to make some money, but so what? If city officials or the Nugget are worried about him creating a slippery slope of others ruining the event by doing the same, that’s a long way off. Besides, aren’t special events supposed to spawn opportunities for other local businesses?

It’s possible I’m having too much sympathy for “the little guy.” Maybe I feel this way because Victoria’s Salon gives the best haircut for the lowest price. But it seems to me that the city should bend over backwards just as far, if not farther, for Gonzales as it does for the Ascuagas or Hot August Nights. Being a hard-ass on Gonzales, who has lived in Sparks for 25 years, is not going to endear the city to anyone. Yes, he needs to have the proper permit or abide by the one he has. The city needs to properly enforce its rules and learn which battles are worth fighting.

Gonzales wants to continue fighting his legal battle but isn’t sure he can afford it.

“I make $8 a haircut. I don’t have a lot of money,” Gonzales said. “I have to pay my lawyer, I have to pay my ticket. I have to close my business to prepare (for the court appearance.) I don’t want to make trouble but I want the truth.”

I want the same thing, not just for Gonzales’ sake but for others who might find themselves dealing with a similar situation. So, I will continue to try to get to the bottom of this so everyone — members of the community and city staff — knows what went wrong and how to avoid future entanglements. It is small potatoes to most, but to one man it is a big deal.

Now, if you’ll excuse me, I need a haircut.

Nathan Orme is the editor of the Sparks Tribune. He can be reached at norme@dailysparkstribune.com.
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