Politics & Government

Commissioners Vote Down New Co-Owner for Papa Joe's Bistro

Citing concerns over side-stepping Birmingham's established bistro-approval process, Birmingham city commissioners voted down a request to add Addie & Jack's, LLC to the Papa Joe's bistro license.

and their proposed plans for a second-floor bistro may have to go back to the drawing board.

On Monday night, the Birmingham City Commission voted down a request to add Addie & Jack's, LLC as a co-licensee on Papa Joe's bistro license and Class C liquor license, citing concerns with how plans fit with the city's bistro ordinance.

Papa Joe's received a bistro license in 2007 to open Bistro Joe's on its second-floor mezzanine level.

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, however, Papa Joe's owner Tony Curtis said he wanted to bring in Mindy Lopus — co-owner of and — to operate the bistro under a new menu and new name, Addie & Jacks.

By becoming a co-licensee, Lopus would be an equal partner with Curtis in the bistro operation. If Lopus merely managed the bistro, she could only earn 10 percent of gross sales.

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Papa Joe's request 'bypasses' bistro-approval process, commissioners argue

Again and again Monday night, commissioners reiterated that their concerns weren't with the bistro concept, or the people behind them — it was with the process.

"The problem I'm having right now, and I don't know how to resolve this, is that it's not so much the operation," said City Commissioner Scott Moore. "It's the idea of what's going on in terms of the legality of what's happening here."

Birmingham's bistro ordinance was passed in 2007. Under the ordinance, only two new bistros are approved each year and are defined as having seasonal sidewalk seating, a full-service kitchen and no more than 65 seats. Bistros must sign a contract with the city.

However, City Commissioner Gordon Rinschler argued that adding co-licensees who are willing to change a bistro's concept halfway through the process goes against the intent of the bistro ordinance and the process set up to ensure only the best bistros receive a Birmingham license.

"The intent with the bistro process isn't to create a permanent place where bistros can come and go and just change with the licensee," Rinschler said. "I see this ... as a way to bypass the whole process."

Currently, applicants for the city's bistro licenses must come before the city commission for a pre-screening in the fall. Commissioners pick two concepts to move forward through the planning phase before final approval.

"The way that this is set up is stepping around the process we've set up to approve bistro licenses," Commissioner Stuart Sherman said.

Bistro owner says he's invested millions of dollars, is being 'left on the hook'

Still, commissioners George Dilgard and Tom McDaniel voted against the denial, with Dilgard pointing out that Papa Joe's, after years of delays, is close to completing the bistro.

"After they've invested all that money," he said. "I don't think it's quite right."

McDaniel agreed, noting the commission could be "throwing out the baby with the bathwater" by refusing to agree to Papa Joe's request.

Curtis reminded commissioners that this wasn't about assigning a new bistro license — this was about bringing in a new owner for a license he already owns. Curtis said he wanted to bring in Lopus for her service experience and so that they could "do something unique and different" in Birmingham's Triangle District.

"So I need you guys to really think about this," he said. "This is a totally different thing than I came here four years ago to get approved ... We're just trying to make it better than what it was."

Lopus said she was concerned with all the roadblocks they were facing. According to Lopus, she believed — per her two bistro licenses and contracts — that bistro owners were allowed to make changes as long as they received city approval.

"I'm kind of taken aback that there's so much concern when (something like this) is part of the language in the contract," she said. "The bottom line for me is now I question what my bistro licenses are saying. Is it essentially a throwaway?"

On that point, Moore noted several times that he was troubled by the issue. While he conceded that by allowing Papa Joe's to add a co-licensee breaks with the city's bistro-approval process, he admitted that the real problem was with the city and what it wants.

"We're certainly being careful," he said. "Are we being overly careful? I don't know. We have a process that works. (And) I don't think tonight we want to over complicate it."

Still, Curtis said he wasn't happy with the decision.

"I have half a million dollars invested in this bistro," he said, noting he and Lopus assumed it would be a simple process to add a partner. "We're being left on the hook with all the money we've invested."


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