After weeks of both fierce opposition and support from Athens residents, the owners of Fluff Bakery & Catering might soon be able to have their cake and eat it too — perhaps with a glass of Chardonnay on the side.
As it turns out, after city council members opened up a debate Monday evening regarding the bakery’s request to have a liquor license transferred to its name, the city’s top lawyer said he couldn’t make a solid case for why the bakery shouldn’t get the licence.
“In my time, we’ve let several of these transfers go forth without a hearing,” City Law Director Pat Lang said. “The first thing that they’re going to do at the hearing is turn to a city law representative and ask why the city is objecting to the transfer. I need to be able to answer that question, and to be perfectly honest, I don’t have an answer right now.”
City officials ultimately concluded the Court Street bakery didn’t deserve any further city-imposed roadblocks in its quest to serve alcohol. In a 4-2 vote, the council opted to not request a public hearing. Now, Fluff can continue the process of transferring the liquor license with the Ohio Division of Liquor Control without the hearing, which city officials say clears the way for a smoother transfer.
Councilwomen Chris Knisely and Jennifer Cochran, both D-at large, were initially in favor of the hearing but changed their votes by the end of the debate Monday. Councilman Steve Patterson, D-at large, and Councilman Kent Butler, D-1st Ward, voted with them.
But Councilwoman Chris Fahl, who voted with Councilman Jeff Risner, D-2nd Ward, offered a sharp rebuke of the majority decision.
“As city officials, we are bound by ethical and moral obligation to be public advocates,” Fahl, D-4th Ward, said. “To (not request the hearing) would be a failure in the eyes of the people.”
The whole idea to hold a hearing came about two weeks ago, when Fahl said residents approached her with opposition to the idea of transferring the liquor license to Fluff. Fahl said she was asked to request a public hearing in front of the Ohio Division of Liquor Control.
The concern was yet another alcohol-serving establishment would grace Court Street and, inherently, attract Ohio University students, who could bring subsequent rowdiness.
But Fluff owners Jason and Jessica Kopelwitz promised a mellow restaurant-atmosphere that would aim to serve families — and would certainly not turn Fluff into a bar. The couple had previously said the revamped bakery would close before 10 p.m.
Risner said he voted in favor of the hearing because though he didn’t oppose the establishment serving alcohol, requesting the hearing was a part of due process.
Councilwoman Michele Papai, D-3rd ward, said she abstained from voting on the issue for personal reasons.
Aaron Thomas, owner of Class “A” Sounds, spoke along with three other Athens residents Monday in opposition of the hearing, saying council members were acting against small businesses.
“A couple chose Athens to start their business. We need that support,” Thomas said. “This is a thing I want City Council remember: They’re trying to make a life here.”
By the time Jessica Kopelwitz took the podium, she was in tears.
“The purpose of doing what I do is not to disappoint my family or my father,” she said. “I will continue to run my business right.”
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This article originally appeared in print under the headline "No hearing for Fluff bakery about liquor license"
