Frown and bare it

POST FALLS - Joe Mayo said he was done having "Ultimate Males" shows at his historic Falls Club bar when he received a notice from Idaho State Police about the no-no.

Shows featuring male dancers and striptease performances similar to Chippendales were held at the bar in November 2013 and November 2014.

However, Mayo said a January article in The Press stating that The Grail, another local bar, had its liquor license revoked for hosting male dancers, among other violations, caught his attention.

"When I saw the article and talked to my bar manager about it, I said, 'I don't think we should have these dancer guys back," Mayo said.

But by then, the damage was done - ISP and the bar later settled on a penalty that includes a month-long liquor license suspension through Sept. 8 and a $5,000 fine. The penalties stem from a violation of state code that prohibits such acts at a licensed premise.

"The event was advertised by the licensee and that was how our detectives heard about it," said Teresa Baker, ISP spokeswoman. "Our detectives saw advertisements for the show on signs in the parking lot at the Falls Club, on websites and on Facebook."

Baker said there have been eight prohibited acts violations at bars this year statewide.

The statute on prohibited acts is "explicitly clear" as to what is not allowed in a licensed establishment, she said.

In January, The ABC issued a press release Friday saying The Grail Restaurant and Multipurpose Arena in Kootenai County "did not contest the charges brought for violations of the prohibited acts provision of the Idaho Liquor Act."

"The license revocation stems from an investigation into an event advertised as 'The Ultimate Male Review' at The Grail on April 27 (2014)," the release said. "During the course of the event there were numerous violations of Idaho law that prohibits nudity and simulated sex acts in an establishment licensed to sell beer, wine or alcohol."

Mayo said he was "vaguely" familiar with the state code, but once he heard about The Grail case he decided to not take the risk by bringing the dancers back a third time.

Mayo, who has owned the bar for three years, said he's frustrated about the process of how the suspension came about and believes the penalty was excessive.

"I'm OK with the suspension, but I also believe that I got the death penalty for a jaywalking ticket," he said. "I don't believe the police are being proactive with the businesses they regulate and are playing gotcha instead."

Mayo said he's upset that police knew about the 2013 show and didn't give him a warning in advance of the 2014 show after it had been advertised.

"They let it happen, had someone here (undercover) and never stopped the show," he said, adding that an estimated 90 females attended the second show. "Four months later, I was informed that I could have the license revoked. They did tell us that we had a right to a hearing, but, if we lose, we'd get the license revoked so there was a chilling effect. By then, my video (of the show) had been (erased)."

Mayo said he's also frustrated that the dancers didn't get penalized.

"It's selective enforcement," he said. "It doesn't seem like a fair process. It's a strong-armed tactic and an abuse of power. This is a matter of equity and fairness."

Baker said the matter was handled between both sides administratively with a fine and suspension rather than criminally with charges and therefore the dancers are not responsible for upholding the laws of the license as the licensee is.

"They don't hold the license - it's as simple as that," she said.

Baker said if the matter had been handled criminally, the liquor license could have been revoked with a conviction. She said only one of the shows was considered in the settlement and, if both had been on the table, the penalty could have been worse.

Baker said ISP reminds alcohol licensees that they should be familiar with the laws that apply to their business to avoid a violation or possibly losing their license.

"Every licensee signs an attestation every year when they renew their alcohol beverage license that they know what the laws are in regard to the sale of alcohol and that they will abide by them," Baker said.

Licensees and their employees can attend a free in-person training on the laws pertaining to the sale of alcohol. ISP also offers free online training. She said ISP records show four employees from the Falls Club attended training presented by ABC detectives on April 15, 2013, that covered prohibited acts, among other topics.

"There have been 935 people who have taken the online training since it went live in November 2014," Baker said. "The responsibility as to whether this type of show is conducted in a licensed premise is the licensee's."

There are nearly 5,000 alcohol beverage licensees in Idaho. There have been 119 violations in 2015. The fines for the violations total $92,250 with a total of 255 days of suspension. The violations include the sale of alcohol to minors, over-service of patrons, prohibited acts and other violations. Some of the fines and suspensions are a result of cases that were initiated in 2014 but did not reach a settlement until 2015, Baker said.

The proceeds from the fines are deposited into the General Fund of Idaho and not in a fund controlled by ABC, she said.

Mayo said the Falls Club's suspension and fine are tough to take because $5,000 was about how much the business made in profit last year, but he's taking advantage of the down time by cleaning the bar and repairing equipment.

"Apparently the state of Idaho frowns upon male dancers," a sign on a door informing the bar's customers of the closure and Sept. 8 reopening states. "We will miss all of our customers. Thanks for all your loyal support."