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Dawgs N Hawgs probation may be extended
Dan Eakin/Staff Photo - Dawgs N Hawgs, a private club located off Louisiana Street in downtown McKinney, may continue to operate if the McKinney City Council decides to extend its probation for another six months at its May 1 meeting.
By Dan Eakin, deakin@starlocalnews.com
Dawgs N Hawgs, a private club in downtown McKinney that caters to both bikers and non-bikers, barely dodged the bullet at Tuesday's city council meeting.
City staff had recommended that the council consider shutting down the club because, after being put on six months probation last October, it was still short of complying with a city ordinance that requires private clubs to have "not less than 35 percent of the gross receipts derived from the sale of food consumed on the premises."
The club had been shut down briefly Oct. 8 and its alcohol permit revoked because of noncompliance. The council voted in October to allow the club to reopen and reinstate its permit and place it on probation.
About a dozen people came to the podium to ask the council to vote in such a way that the club could remain open and at least be given another six months to come into compliance.
Mayor Brian Loughmiller read at least 25 cards that had been turned in by people who said they did not wish to speak but wanted their opposition to the club being shut down recorded.
After hearing comments both in the citizens comments section of the agenda and during a public hearing, council members each gave their views and then voted unanimously to defer action on whether to extend the probation for another six months until its May 1 meeting.
Part of the reason for deferring action was so the club could go ahead and sponsor a benefit this weekend for the family of a man who recently died of seizures.
Loughmiller also said council needed to defer action so the city ordinance allowing probation in such matters could be amended to allow an extension of probation for even another six months if the council so chose.
George (Pat) Thurman, club co-owner, said Jeri Montgomery, club co-owner and manager, had expanded the customer base by bringing in musical groups and having dinners in order to increase the percentage of food sales.
He said food sales now amount to about 25 percent of the gross receipts and conceded that the club had not yet reached the compliance of 35 percent.
"Food sales are tough when people are tightening their belts due to the economy," Thurman said.
He said he believes the club can easily reach the 35 percent mark in far less than six months if the council would grant an extension.
He said the club could increase the price of food and lower the price of drinks in order to come into compliance more quickly, but added, "Then that would bring in drunks."
"I pray you will take a heartful look at the situation," Thurman told the council. "If you need to take further action, spank us but don't shoot us."
Nathan Fuller told the council that "Dawgs N Hawgs adds to the variety of restaurants offered in the city."
Joshua Moses, a club employee, said, "It is hard to see a place like this shut down that supports charities and provides great music. We have never had a fight here. This is a kind of place that McKinney needs."
He said the people who work at and frequent Dawgs N Hawgs "are like a family."
District 1 Councilman Don Day asked Police Chief Doug Kowalski if the police department had many calls to come to Dawgs N Hawgs to answer complaints.
The police chief said that the only calls were complaints about loud music, and that the club always complied when asked to turn the music down. He said the police department also got complaints about loud music from other establishments in the area.
Day said he was in favor of extending the probation, but emphasized that if the club is not in compliance in another six months, then "that's it."
Gene Childress and Jimmy Hamilton both noted that many people from outside of McKinney come to the club and frequent other restaurants and businesses while in McKinney.
Cindy Maddox pleaded with the council: "Remember the people who work here. Please do not put them out of work."
At-large Councilman Roger Harris said, "I don't want to come back in six months and see that we still have this problem. I want everybody who turned in a card to go by Dawgs N Hawgs and buy a hot dog."
District 4 Councilman Ray Ricchi, expressing his support for a possible extension of probation, said, "I see some progress in food sales."
Loughmiller told the club co-owners, "If we're going to require others to comply with the ordinance, then we also should expect you to comply."
Dawgs N Hawgs opened in June 2010. Montgomery said she was not aware of the 65/35 rule when the club opened.
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