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Newaygo restaurant that defied state could see liquor license yanked for 2 months

Emergency suspension hearings were held Friday for five restaurants that remained open for indoor dining in defiance of a state public health order.

LANSING, Mich. — Emergency liquor license suspension hearings were held Friday for five restaurants that defied the state’s recent prohibition on indoor dining, including three in western Michigan.

Among them are Jimmy’s Roadhouse in Newaygo, which had its license suspended last week for continuing to seat and serve patrons in defiance of a state public health order designed to slow the spread of COVID-19.

Jim Cory, owner of Jimmy’s Roadhouse, said the state is recommending a $600 fine and a 60-day suspension of his liquor license.

“We’re expecting to lose,’’ he said after the hearing. “We will appeal.’’

Cory says his business remains open, but he is not serving alcohol at this point. Patrons are visiting from across the region, he said.

RELATED: ‘We’ve had enough’: Small-town restaurant defies state order by staying open

“They want to support me and the others and let us know they think these orders are stupid, ridiculous and contrary to what is just and right,’’ Cory said Friday afternoon. “The biggest thing is it is against their right to exercise free will.’’

Friday’s hearings were before Administrative Law Judge Mike St. John. He said he hopes to have a ruling on the five cases by Monday.

Other businesses that had emergency hearings included Brew Works of Fremont, in Newaygo County, and Chapz Roadhouse in the Montcalm County community of Lakeview.

Marsha Perilloux, an investigator for the Liquor Control Commission, testified that she visited Chapz on Nov. 21 and found patrons eating and drinking inside. She said she returned to the business on Thursday, Dec. 3 and observed unmasked patrons being served food.

Perilloux showed numerous photos taken inside the business of patrons eating and drinking.  

Under questioning from attorney Stephen P. Kallman, Perilloux said she knows of no COVID-19 cases connected to Chapz.

“My client has a terrible choice to make,’’ Kallman told the judge. “Either stay open and face this action or close and lose her life’s work and business. And these are tough decisions.’’

Also appearing for hearings on Friday were The Meeting Place in Fenton and the Mine Shaft and Rock House Grill & Tavern in Houghton.

A Michigan assistant attorney general said the businesses displayed “an utter disregard for public safety and health.’’ 

Several restaurants across the state have openly defied a Michigan public health order that went into effect Nov. 18. Provisions of the order include a ban on indoor dining. The current order runs through Dec. 8.

RELATED: Newaygo restaurant has liquor license suspended after defying state order

Earlier this week, an emergency suspension order was issued for Iron Pig Smokehouse in the northern Michigan community of Gaylord. A news release from the state says the business allowed in-person dining and failed to require face coverings for staff and patrons. 

A hearing has been set for Dec. 11 to determine whether the suspension should continue, or other fines and penalties be imposed.

“These prohibited gatherings held without requiring patrons to wear face masks pose an immediate threat to the health, safety and welfare of the public,’’ the state said in a Dec. 3 news release.

Violators of the ‘Gatherings and Face Mask Order’ issued by the Michigan Department of Health and Human Services risk suspension or revocation of their liquor licenses.

    

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