Logan’s attorney, Jason Retterer sent a Dec. 9 letter arguing that A.W. Shucks has lost its right to the bar use.
“We submit that the ‘drinking place’ use is not authorized and has in fact been forfeited and abandoned,” because it has not been operating in a manner consistent with its use permit for nearly 30 years — which voids the use permit, according to the law — and a use that’s not exercised for six months is considered abandoned.
He also argued that Ginette’s suggestion that the planning commission amend restaurant operations as an “ancillary use” of 69 percent would be unlawful.
“The code establishes clear standards for full-line restaurants, including the following standard, which is the very first standard: Any sale of alcoholic beverages shall be subordinate to this primary use,” he wrote. “It is unclear how a ‘full-line restaurant’ could ever be considered an ‘ancillary use’ based on this standard.”
He noted the intent of the code “is not to convert an otherwise ancillary use into a second primary use at the same premises,” but to allow accessory uses, which by definition are secondary, such as a clothing store selling souvenirs or a chocolate shop offering coffee drinks.