Plans to develop Shakers, a Locust Avenue tavern, can start to move now that the business has received a license from the state Alcohol Beverage Control Administration.

But there are conditions to that license, and the business will be under a 12-month probationary period. Any violations or incidents at the business during that time period will mean immediate sanctions from the ABCA.

A bar known as The Library at the same 800 Locust Ave. site was shut down in March by the ABCA because of “numerous incidents involving physical violence in recent weeks,” the agency said at the time. The original license was granted in 2003. The club was among the closest in proximity to Fairmont State University, and its owners were cited several times in those three years for various violations, including underage drinking.

In August, Fairmont City Council considered declaring the business a public nuisance to influence the denial of an application for a private club license, but backed off when council and the manager of the club came to a compromise. Council would not protest an application for a tavern license, which would mean an earlier closing time, beer and malt product sales only, greater visibility and public access.

Last Friday, only three days after a state public hearing held in Fairmont, ABCA Commissioner Dallas Staples signed an order granting the restricted license. The restrictions to the license are quite specific to the business. For example, Kristen Derito, 23, the applicant, must actively manage the business on a daily basis.

And David Mezzanotte, the owner of the building, cannot be an assistant manager or be involved in the operation or management of the tavern.

The building must also be remodeled to create full visibility into the bar, and the premises must be accessible to city police officers without a warrant or Derito’s or Mezzanotte’s permission.

The business must also self-police itself and strictly enforce laws to prevent: underage consumption, removal of beer from premises, violations of the open-container law, violations of health regulations, violations of the property maintenance code, violations of parking regulations, trespass laws, and noise ordinance and the degradation of the property rights of neighbors.

In order to maintain its ABCA license, Shakers must also follow these requirements:

• Closing time must be at 1 a.m.

• There must be strict adherence to the 21-year-old age requirement.

• Shakers must comply with all ABCA tavern license requirements.

• All employees must be at least 21 years old and successfully complete ABCA training.

• Customer limit of 50 at a time.

• Employ local police and deputy sheriffs to provide security.

• The adjacent apartment must be secured so as not to provide access to the tavern.

E-mail Misty Poe at mpoe@timeswv.com.

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