IN THE CHANCERY COURT OF HAMILTON COUNTY, TENNESSEE

BANKABLE HOLDINGS LLC d/ b/ a

COYOTE JACKS SALOON formerly d/ b/ a
BELLA VITA RESTAURANT, and TAMMIE
RENEE TAYLOR

Plaintiffs, Docket No. CO CA

v. PART

CHATTANOOGA BEER and

WRECKER BOARD, and its Board Members
only and solely in their official capacity),
TREVOR ATCHLEY, VINCE BUTLER,
BROOKE BRADLEY- KING, CYNTHIA
D. COLEMAN, CHRISTOPHER P. KEENE,
DAN MAYFIELD, RONALD W. SMITH,
and ALICIA THOMPSON

Defendants.

PETITION FOR WRIT OF CERTIORARI, SUPERSEDEAS AND OTHER RELIEF

COMES NOW, the Plaintiff, by and through its counsel, and for its complaint against the

Defendants, respectfully shows to the Court as follows:

PARTIES

1. Plaintiff Bankable Holdings LLC dlb/ a Coyote Jacks Saloon formerly d/ b/ a Bella Vita

Restaurant, herein after " Bankable Holdings" is a Tennessee limited liability company with its

principal place of business located at 1400 Cowart Street, Chattanooga, Tennessee. Tammie

Renee Taylor is an adult resident of Hamilton County, Tennessee.

2. Defendant Chattanooga Beer and Wrecker Board ( the " Board") is a nine member

Board operating under the ordinance and regulation of the municipality of the City of

Chattanooga, Tennessee.

19 DEC 13 PM 3: 46
Page 1 of 5
FILED
HAMILTON CO CLERK & MASTER

1
 3. Defendant Trevor Atchley is a member of the Board and is named as a defendant

solely in his official capacity as a member of the Board.

4. Defendant Vince Butler is a member of the Board and is named as a defendant solely

in his official capacity as a member of the Board.

5. Defendant Brooke Bradley -King is a member of the Board and is named as a defendant

solely in her official capacity as a member of the Board.

6. Defendant Cynthia D. Coleman is a member of the Board and is named as a defendant

solely in her official capacity as a member of the Board.

7. Defendant Christopher P. Keene is a member of the Board and is named as a defendant

solely in his official capacity as a member of the Board.

8. Defendant Dan Mayfield is a member of the Board and is named as a defendant solely

in his official capacity as a member of the Board.

9. Defendant Ronald W. Smith is a member of the Board and is named as a defendant

solely in his official capacity as a member of the Board.

10. Defendant Alicia Thompson is a member of the Board and is named as a defendant

solely in her official capacity as a member of the Board.

11. Collectively, Defendants listed in paragraphs 3 through 10 are referred to as the

Board or Board Members. The Board and Board Members may be served through the office of

the City Attorney for the City of Chattanooga, Tennessee.

NATURE OF THE ACTION

12. Bankable Holdings, LLC appeals from an action taken against it by the Board on or

about October 17, 2019 at one its regularly scheduled meetings. This appeal and Petition is made

pursuant to the provisions of the Chattanooga City Code and provisions applicable to the Board

Page 2 of 5
under its adopted Policies and Procedures effective as of December 21, 2017 and provisions of

T. C. A. § 57- 5- 108 made applicable thereby.

PERTINENT BACKGROUND FACTS

13. The City is a Tennessee municipal corporation and a political subdivision of the

State, operating as a " home rule" municipality within the meaning of Article XI, § 9 of the

State' s Constitution. As such, the City is subject to the provisions of its written charter and

charter appendices as duly adopted by the Council and approved by the City' s registered voters

by public referendum. The Chattanooga City Code is comprised of the variance ordinances voted

upon by the City Council or voted upon by referendum.

14. The Board and the Board Members are responsible under the Chattanooga City Code

or Charter to " issue permits and revoke or suspend licenses" related to the sale of beer and

alcohol among other duties and responsibilities.

15. On or about October 5, 2019, an officer for the Board issued a Notice of Violation to

Bankable Holdings based on an alleged violation of City Code Chapter 5, Article III Section 5-

82 a( 16) based on a statement given by Chattanooga Police Officer John Collins. A hearing was

set for October 17, 2019.

FACTUAL ALLEGATIONS

16. The attorney for Bankable Holdings was out of state on a long planned trip and could

not be present at the hearing. He requested the City Attorney to continue the hearing but was not
able to reach an agreement. Bankable Holdings sent another attorney to the hearing to request a

continuance. In spite of Bankable Holdings agreeing to stay closed until a hearing could be

completed, the Board rejected the continuance request and conducted the hearing without

Page 3 of 5
Bankable Holding' s participation at the hearing. The Beer Board revoked Bankable Holdings'

beer permit.

17. No Bankable Holdings representative was present for the October 17, 2019 hearing

due to its attorney being out of state. The attorney requesting the continuance knew nothing

about the facts of the matter. The Board Members apparently took great offense at the " no show"

by Bankable Holdings representatives and voted to revoke Bankable Holdings' beer permit.

18. The Policies and Procedures for the Board expressly prohibit rehearing or

reconsideration of matters voted upon by the Board thus necessitating this appeal and Petition.

19. Officer Collins told the Board that Bankable Holdings had exceeded the maximum

occupancy without knowing the number of people in the building. In fact, the number of people

were several hundred under the maximum occupancy. Collins also reported a disorderly place.

There was no disorder before Collins and other officers became involved.

RELIEF REQUESTED

20. Bankable Holdings adopts and incorporates herein all of the foregoing allegations in

paragraphs 1 through 19. Bankable Holdings would show, based upon the foregoing, that the
following relief is appropriate:

a) Bankable Holdings appeals the decision and vote of the Board at the October 17, 2019

hearing and asks that the revocation of the beer permit be reversed.
b) Bankable Holdings asks that the Court determine and find that conducting the

October 17, 2019 hearing was improper due to the unreasonableness of rejecting a continuance

without a valid reason considering Bankable Holdings' agreement to stay closed until a hearing

could be conducted and that the actions of the Board are null and void.

Page 4 of 5
 c) That the Court determine that no violation of the City Code or Charter, as stated in the

Notice, occurred based upon the facts and law.

d) That the Court grant such other and further legal and equitable relief as the Court

deems just and proper under the circumstances.

e) That Bankable Holdings be awarded its attorney' s fees and costs associated with the

bringing of this action.

BERKE, BERKE & BERKE DENNIS & KING LAW

By:' — By: IC / L
Russell
Ronald J : - r BPR # 1741 King BP # 1614 125
420 Frazier Avenue Lee Parkway Drive,Suite B Chatano ga,
Post Office Box 47-4-7- TN 37421 Telephone: (
Chattanooga, Tennessee 37405 423) 490- 0911 Facsimile: (
Telephone: ( 423) 266- 5171 423) 499- 3884 We
Facsimile: ( 423) 266- 5307

COST BOND

are surety for court costs incurred in this matter. BERKE,

BERKE &BERKE By: KING LAW Russell

Page
King

5 of 5 DENNIS &