Can Joe Avezzano spell T-A-B-C?

Right about now, football legend Joe Avezzano is probably seriously rethinking his decision to buy the biggest scumbar on Lower Greenville, Suede Bar & Grill, earlier this summer.

Can you imagine the conversation he'll have with his son (who told him it was a good idea) just before they meet with the TABC about their noise issues? BD would love to be a fly on that wall.

After nearly six months of subjecting the neighborhood to noise (you can't even think of calling that garbage music), DPD citations and lying to the media (See Joe Avezzano is a big fat liar), the Texas Alcoholic Beverage Commission is putting Suede's crappy attitude under their microscope.

While DPD has to depend on an uninterested City Attorney to prosecute noise and dance hall issues on Lower Greenville, the TABC is very interested when it comes to liquor permit holders, especially if it can be shown a business is operating in a manner negatively impacting the public (read: their residential neighbors) -

According to the TABC website page about permit protests -

Most of the grounds for refusal or denial of a license or a permit can be determined by the Texas Alcoholic Beverage Commission as part of the application process. If legal grounds exist and are found during that process, the applicant may be disqualified.

Some grounds exist for refusal or denial that are subject to interpretation on the basis of the facts involved. Sections 11.46(a)(8), 11.61(b)(7), 61.43(9), and 61.71(a)(17) of the Code provide for protests based on facts which show that the manner in which the business is operated or the place the business is located is detrimental to the health, safety and welfare of the public. These sections of the Code generate the most numerous and complex cases.

All of this is covered under the TABC's Offensive Noise and Nuisance codes...

Sec. 101.62. OFFENSIVE NOISE ON PREMISES. No licensee or permittee, on premises under his control, may maintain or permit a radio, television, amplifier, piano, phonograph, music machine, orchestra, band, singer, speaker, entertainer, or other device or person that produces, amplifies, or projects music or other sound that is loud, vociferous, vulgar, indecent, lewd, or otherwise offensive to persons on or near the licensed premises.

Sec. 101.70. COMMON NUISANCE. (a) A room, building, boat, structure, or other place where alcoholic beverages are sold, bartered, manufactured, stored, possessed, or consumed in violation of this code or under circumstances contrary to the purposes of this code, the beverages themselves, and all property kept or used in the place, are a common nuisance. A person who maintains or assists in maintaining the nuisance commits an offense.

(b) The county or district attorney in the county where the nuisance exists or the attorney general may sue in the name of the state for an injunction to abate and temporarily and permanently enjoin it. Except as otherwise provided in this section, the proceeding is conducted as other similar proceedings.

(c) The plaintiff is not required to give a bond. The final judgment is a judgment in rem against the property and a judgment against the defendant. If the court finds against the defendant, on final judgment it shall order that the place where the nuisance exists be closed for one year or less and until the owner, lessee, tenant, or occupant gives bond with sufficient surety as approved by the court in the penal sum of at least $1,000. The bond must be payable to the state and conditioned:

(1) that this code will not be violated;

(2) that no person will be permitted to resort to the place to drink alcoholic beverages in violation of this code; and Texas Alcoholic Beverage Code (2005) 121

(3) that the defendant will pay all fines, costs, and damages assessed against him for any violation of this code.

(d) On appeal, the judgment may not be superseded except on filing an appeal bond in the penal sum of not more than $500, in addition to the bond for costs of the appeal. That bond must be approved by the trial court and must be posted before the judgment of the court may be superseded on appeal. The bond must be conditioned that if the judgment of the trial court is finally affirmed it may be forfeited in the same manner and for any cause for which a bond required on final judgment may be forfeited for an act committed during the pendency of an appeal.

In the case of Suede, the TABC (which makes Lower Greenville a regular part of their patrols each weekend) has been paying attention to all the noise complaints filed against Suede (and Public House, with whom their share a rooftop patio). According to BD's sources, they actually paying close attention to the fact that Suede consistently ignored the tickets (paid the fines) and still continued to operate like the buttheads they are.

BD's database of DPD citations (thru August) shows Suede getting two citations earlier this summer. But since then, the noise (and ticket levels) have increased to nearly one a week, and with twice as many warnings.

On Saturday evening, Public House's DJ ranting inside the club was broadcast to a nearly empty roof at least fifteen times before DPD got them to crank it back. Why they never got a ticket is another issue altogether.

Suede and Public House have been trading off getting tickets for the noise - after one gets a ticket, they shut down their band and let the other take over the party until they get a ticket. This can happen two or three times a night.

The noise is really bad on streets directly east of the club, where it is broadcast over the low-height TXU substation right into homes. There has been talk of building a sound barrier on the roof, but professional sound engineers cannot guarantee some of the noise won't impact the residents.

The TABC is working the issue privately, reviewing all the police documents (and this website's archive, we are sure). If Suede does not come through with some good answers (including making a sincere effort to cut back the noise), then the matter will be forwarded to an administrative hearing (sort of like a mini-trial, held before an impartial state official who is not a TABC employee). At that time, witnesses from the neighborhood (based on DPD police reports and those who contact the TABC) will be called to give their sleepless side of the story.

BD is sooo there!

If you live in the neighborhood and have issues with the noise coming off of Suede's rooftop, you can file a protest with the TABC right now (even if you did not call the DPD). You can review the TABC protest process on their website - click here.

To make it easier, BD will even help you write your protest. Jump to BD's Feedback page and give us all the information you can (plus your contact points). BD will prepare the complaint in a proper style and send it back for a signature before you submit it to the TABC.

By Avi S. Adelman under Public safety , Lower Greenville