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Owner of popular downtown music venue faced six alcohol violations in 3-year period

| September 13, 2007 11:00 PM

By RICHARD HANNERS

Whitefish Pilot

The owner of Whitefish's largest music venue says he's heading to Missoula in hopes of setting up a similar business in the college town.

Jim Flanagan, who began operating Flanagan's Central Station at the former Julio's Coaches Corner in January 2005, faced losing his liquor license after his business racked up six alcohol violations over a three-year period.

In January this year, the Montana Department of Revenue issued a revocation notice for Flanagan's Central Station. Compliance specialist Delores Stroh cited four counts against Flanagan's in the Jan. 4 notice.

Flanagan has claimed over the years that he was targeted by the Flathead County Alcohol Enforcement Team and the Whitefish Police Department.

The Alcohol Enforcement Team, headed up by Flathead County sheriff's deputy Travis Bruyer, began stepping up compliance checks across the valley in 2005, using underage buyers with authentic IDs to test cashiers, clerks, bartenders and servers for how well they check customer IDs.

Flanagan's was cited four times for sales to underage patrons — in November 2005, December 2005, February 2006 and November 2006. The club was also cited twice for after-hours sales — on Sept. 4 and 8, 2006.

But in the Department of Revenue's revocation notice, two of the four counts referred to the Sept. 4 citation, and count four referred to Flanagan's overall record.

The state claimed that "based on the licensee's past record and present status as a purveyor of alcoholic beverages and as a business person and citizen," Jim Flanagan "is not likely to operate the establishment in compliance with all applicable laws of the state and local governments."

In an effort to protect his license, Flanagan paid attorney's fees to defend the charges against several of his bartenders, but all of them eventually pleaded guilty to misdemeanor charges.

The two bartenders cited for after-hours sales pleaded guilty in Whitefish city court shortly after they were charged. Flanagan told the Pilot he didn't learn about the first after-hours citation until the second bartender was cited four days later.

Flanagan's Whitefish attorney, Chad Wold, who at one time was handling 17 alcohol cases in the Flathead, including three businesses facing revocation, says compliance checks are unfair and ineffective.

"Minors are not paying attention to the arrests," he said. "It's just not right."

Wold said individuals charged with sales to a minor could be defended in court by challenging the reasonableness of a compliance check: Was it entrapment? Did the underage buyer look his age? Was there any proof of intent?

According to Shauna Helfert, director of the Department of Revenue's Liquor Control Division, a settlement agreement was reached in which Flanagan was fined $4,250 and he would have to sell his liquor license by Oct. 1.

Helfert said if Flanagan applies for another liquor license, he will have to go through the same background search any other person would, but if he is the sole stockholder, "There's a good chance he would not get one."

Rumors about the future of the music club have been circulating in Whitefish for over a year. Then a cryptic message was recently posted on Flanagan's Web site, www.mtcentralstation.com: "Flanagan's would like to thank everyone for their support over the last three years! It's been a great run, and we hope to see you again in Missoula!"

Flanagan confirmed the rumors last week over the phone with the Pilot.

"I love music and bringing it to Montana," he said. "For three years, I've brought the best music to the valley on a consistent basis. I did a lot of cool things. I took a building that was a blight to the community and made something of it. I hope to continue that in Missoula."

The 32-year-old businessman who moved here from Chicago was not idly boasting. Flanagan's Central Station, which can hold 400 people, has hosted big-name talent including The Jerry Garcia Band, Galactic and most recently Soulive. Flanagan's has been reviewed in numerous magazines and newspapers as a top-ranked music venue for the region.

"I bring in high-quality entertainment at a high-quality production level which has been a boon to the local economy," Flanagan said. "I hope to continue that in Missoula."