I Love Chelseas

Chelsea’s has been in business for 20 years operating under the state restaurant license for all 20 years. Dave Remmetter has owned it for the past ten years. Chelsea’s was located at 148 W. State Street in Baton Rouge until the end of 2006. It then moved to 2857 Perkins Road, at the site of the old and continually vacated Colonel’s Club building.

When Chelsea’s moved from the LSU location, Dave dissolved the corporation (Remmetter, Inc.) and started a new company (Remmetter, LLC.) at 2857 Perkins Rd. He went through the standard process to acquire a restaurant license. To complete that process he had to turn in a business plan to the State ATC board. His business plan was the same one from the State Street location which included serving dinner until 10pm, and keeping the bar open until 2am with live music on some nights. He presented his plan to the ATC board. They sent an agent to walk through the building to do a compliance check before they were permitted to open. Everything checked out and Dave got his state license. He continued to serve food until 10pm and to keep the bar open until 2am, with live music on some nights, just like he reported to the State ATC office and the agent who did the initial walk through.

At the end of October 2008, an agent of the State ATC board, accompanied by two agents of the Department of Justice entered Chelsea’s and audited the business’ files to ensure that Dave was in compliance with the governing statute. In December of 2008, Dave received a phone call from an agent, David Gautreau. Gautreau stated that Dave was in compliance, and that no summons was to be issued. Then, on or around Jan 10, 2009, Dave received a letter from the ATC Commissioner’s office signed by Commissioner Murphy Painter himself, explaining the difference between a bar and restaurant.

Painter’s interpretation of the law did not seem to correspond with the actual black letter law. On Jan 22, 2009, at approximately 10:30pm, 10 agents of the State ATC board entered Chelsea’s and checked all employee liquor licenses for expired cards, checked bottles for bar flies, checked all customer ids for underage drinking and found that Chelsea’s was in compliance. Chelsea’s was then written up for three counts of failing to meet Class R (La. R.S. 26:73 and 26:272) requirements and one count of Improper Conduct (La. R.S. 26:90A13 and 26:286A13). The agent in charge, Charles Gilmore, said that the tickets were written for the kitchen having closed down at 10pm and for having live entertainment.

Since that night, Chelsea’s has kept their kitchen open during all hours of operation. With counsel, Dave appeared in front of Murphy Painter on March 19, 2009. The summonses that were issued on Jan 22, 2009 changed from having live music to not operating within the boundaries of the CAB-1 zoning. According to Title 26, in order to hold a restaurant license, you have to have food sales that are greater than 50% on a monthly average. Chelsea’s hit those numbers in 2008 and all of 2009. Murphy Painter said that because Dave didn’t hit those numbers at the State Street location from 1998-2006, under the now-defunct Remmetter, Inc., he was therefore not in compliance. Dave has always turned in his numbers with correct sales figures, even if they were sub-par.

Murphy Painter has signed all of the permits, which in Dave’s opinion, has allowed him or his family to operate in the same fashion for 20 years. Now the instruction from Painter is to get rezoned to CAB-2 (which is all but impossible in Baton Rouge) so that he can acquire an AG license and then acquire a Class ARC license so that he will be in compliance. Chelsea’s numbers are where they are supposed to be to operate as a restaurant and in compliance with the CAB-1 zoning. Chelsea’s was fined over $2000 for the violations and Dave’s Class R license was suspended, but that suspension was set aside, pending rezoning. If Chelsea’s does not get rezoned, then the Commissioner said he’d pull Dave’s license = death knell for Chelsea’s. This is Dave’s first ATC offense and he has rectified what set the business out of compliance.

Is it appropriate for the commissioner to put forth such a severe penalty for Chelsea’s first offense of this kind? Chelsea’s is dedicated to responsible enforcement of all applicable laws. Dave and his staff make great effort to ensure that minors are not served, and do not tolerate violent or raucous behavior.

The business is also in good standing with both the state and city Departments of Revenue.

Chelsea’s food sales were 52% of their total sales for 2008 and they are up to an average of 60% for 2009. Considering that Remmetter, LLC. has only been in operation since 2008, the current business has operated according to the law. Chelsea’s is a great restaurant that happens to have a good bar business. They continue to book local, regional and national touring bands that bring another element of quality to the business. They are a proud smoke free business and want to remain that way. The no smoking law has only helped Dave’s business. Dave Remmeter wants to continue to operate Chelsea’s in the manner in which it has operated for the 10 years that he has owned it, under the license which Murphy Painter signed.

Dave put a lot of money into the building to make it work. Since Chelsea’s opened the doors in March of 2007, they have had great support from the community and surrounding neighborhood. Dave prides himself on offering fresh food at a reasonable price, with ample vegetarian and even some vegan options, good live music and high quality cold beer. The building/site has continually had restaurants fail time and time again. Dave took a risk by relocating there and it has paid off. He always mails his rent check on time, and pays his state and city taxes on time. He has over 55 employees and does business with many local vendors. Dave isn’t asking for a bailout, he wants to be able to continue his business, making progress and complying with all governing state and local laws.

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