License in jeopardy after on-duty security guard arrested at troubled Dairy Mart
Ypsilanti Township officials say they wanted to see the owner of a problematic Dairy Mart on Grove Road clean up his store and become a productive member of the business community. But after the latest in a series of problems at the store, they say they believe that will never happen.
Now the township is trying to revoke the store's liquor license.
Tom Perkins | For AnnArbor.com
On June 4, Sheriff’s deputies approached a man, Dwayne Johnny-Lou Boone, playing loud music in the store’s parking lot, which police officials said was a noise ordinance violation.
Upon checking Boone's name, deputies found he was wanted in Ypsilanti for a felony warrant for possession with intent to deliver a dangerous drug.
Deputies also found a small amount of marijuana after searching him, and they discovered he was driving on a suspended license.
Deputies also made one more discovery: the man was wearing a shirt that read “security” and was employed by Hamati as the Dairy Mart's security guard.
Hamati was not immediately available for comment.
But his store had already been in trouble with the Michigan Liquor Control Commission, which suspended its liquor license for 60 days starting on March 18 because an employee at the store sold alcohol to minors three times within a seven-month period. Hamati had only been selling alcohol at the location again since May 2010.
Per LCC rules, a municipality can seek to revoke a store’s liquor license if it sells to minors three times within a 365-day period. The township board previously voted unanimously to direct staff to begin the revocation process, but staff waited to see how Hamati ran the business after the 60-day suspension.
Township official Mike Radzik said the latest incident was cause for concern, since Washtenaw County Sheriff’s Department deputies were dispatched to the Grove Road location 57 times in 2009 and 73 times in 2010.
“The details of this incident contain every red flag we hoped we wouldn’t see,” he said. “We had high hopes that, as a result of the court action, the store's problems would be addressed.
"Clearly, that is not the case.”
Renewal of all township liquor licenses is considered by the township annually. The township can hold a special hearing to decide whether or not to recommend that the LCC permanently revoke the store’s license.
Radzik previously told the township board it would act as "judge" at the special hearing. The meeting would be open to the public, though the public would not be invited to speak.
Township staff and attorneys would act as plaintiffs, provide the board with their case and have the ability to call witnesses to the stand. Once they rest, Hamati and his attorney would have the chance to make his case and cross-examine witnesses.
The township board would then put the issue on the agenda at its subsequent regular meeting. Township trustees would consider a resolution recommending that the LCC revoke the Grove Road store’s license.
If the board approves the resolution, the LCC would likely revoke the license, Radzik said. He said the LCC only considers whether the license holder has been given fair due process and otherwise follows the recommendation
Township officials must provide Hamati 10 days notice and Radzik said he expects a hearing to be scheduled for sometime in early July.
Comments
laurakd
Thu, Aug 4, 2011 : 11:43 p.m.
I live in the neighborhood of the Dairy Mart. I try not to go into the store because of the customers both in and outside the building. When its liquor license was revoked, I felt more comfortable using the store. When the Bottle & Basket down the road on McCartney burned, I was so glad to get that rif/raf out of the hood too. I'm sorry if anyone lost financially on that burning, but I feel much safer driving by that corner. I don't know much about the owner of the Dairy Mart, he can't control who comes in and out of his store. If he wants to maintain a family friendly place, perhaps he should hire real security guards. That store has been notorious for selling to minors over the years. My former brother-in-law was an employee over 10 years ago, he sold to a minor, he lost his job, and to store lost its license.
hazelparkhustla420
Mon, Jul 25, 2011 : 10:27 p.m.
shuttin down the diary mart would be whack yo, wheres a juggalo supposed to get his trees at?
sam
Sat, Jun 25, 2011 : 4:28 a.m.
Mr.perkins ... thanks for checking on what i posted yest. , It's not a surprise that the officers would see the security guard after the incident since we never knew about it until the court date. The report says it happened on the 4th , why is it that we only get informed on the 22nd in the morning of the court date. Moreover, the guy who was arrested in our parking lot with the name Dwane johny-lou Boone is not our security guard ,the fact that he was wearing a T-shirt with Security on it , doesn't mean he is the one who works for Dairy Mart. We are not in this area to make trouble , we have been cooperating with the city and the police department . If you would please check the police records for any incidents at the store since Jan,22nd,2011 . The day we fired our previous manager who caused all these problems. I don't think you would find anything . We are working really hard to maintain a good store for the neighborhood, and will continue to do so . And for those who wonder if we are american citizens , the answer for them is yes, we are proud citizens of this country which we honor and love. Our kids were born and raised here. We have been doing our best and will continue to do so running this business. We want to work with the authorities in the area and willing to do anything to help maintain a great relation ship with the township ,the police department and the residents. From whom we have been hearing continuous positive input on how great we are running this business since last Jan. Saleh
Tom Perkins
Sat, Jun 25, 2011 : 1:16 a.m.
@ Saleh - According to several township officials, a judge did not dismiss the case because the security guard wasn't involved with the store, as you stated. The township's civil case against Hamati was up for review several days ago in circuit court. Per the judge's prior order in that civil case, Saleh Hamati was to have a security in place at the store through June 20. It just happened that the Sheriff's Department arrested the guard at the store in early June. Because of that, the township requested the judge find Hamati in contempt of court for not meeting the terms of the civil case, and order Hamati to hire a new security guard for an extended period of time. The judge disagreed that there needed to be an extension and the ruled the terms of the civil case had been met. When contacted this afternoon, township officials also pointed out that the civil case has little bearing on the Liquor Control Commission case, and they are still moving forward with the revocation process. The arresting deputy also confirmed seeing the security guard working at the store on multiple occasions.
Jim Knight
Fri, Jun 24, 2011 : 2:35 p.m.
A comment written in all caps was removed.
pvitaly
Fri, Jun 24, 2011 : 2:26 p.m.
I hear wrecking balls are very useful
PattyinYpsi
Fri, Jun 24, 2011 : 1:51 p.m.
At a time when police protection is being cut because of economic issues, it is unconscionable that a business requiring 73 dispatches of the county sheriff last year should still be in business. Taking away this owner's liquor license isn't enough. The business should be shut down completely.
girlhunter
Fri, Jun 24, 2011 : 11:34 a.m.
The only thing I can say is wow.. Not good for the neighborhood at all..and I would hope that Ypsi township board would do what is right!!!
Steve Pierce
Fri, Jun 24, 2011 : 5:44 a.m.
Tony Dearing @ A2.com, Saleh in an earlier comment brings up a good point. Did any reporters contact and interview Mr. Hamati from the Dairy Mart prior to publishing this story. If not, why not? If yes, that should ahve been reported as well. Mr. Hamati claims in his comments that the suspect in this story was not working for Mr. Hamati. That would have been an important fact to report. It would also be helpful to fact check the claim that there have been no calls for service since January. Cheers! - Steve
Craig Lounsbury
Fri, Jun 24, 2011 : 1:27 p.m.
"Commenters can log on here and claim anything. You know that better than anyone." seems like an odd thing for a reporter to say. Seems more like commentary from a columnist. Why would Mr. Pierce know the seemingly obvious better than any other regular reader?
Tom Perkins
Fri, Jun 24, 2011 : 12:41 p.m.
Steve, I called Hamati's stores several times. He never returned my calls. It says in the story he was not immediately available for comment. I'm going by what was reported to the Ypsilanti Township Board of Trustees on Tuesday night, reported by township police officials and by a Sheriff's Department spokesperson. Commenters can log on here and claim anything. You know that better than anyone.
saleh
Fri, Jun 24, 2011 : 2:08 a.m.
Mr.Tom Perkins. I would advise you to get the information straight before you have the our people read it. You should also be more honest of and let the people know that the Judge has dismissed the case because the guy who was arrested has no connection what so ever with the dairy mart. Most of the residents in the neighborhood know that Mr. Hamati is working deligently to clear up the area and cooperated with the police and the city by doing all that was required. Its not his fault that the previous manager started all these troubles, and since he fired that manager in Jan. ,he works non stop into making this store a family bussiness , and opened for the people in the area, with one goal in mind, which is to make them feel safe any time they shop at Dairy Mart. That incident on Jun,4th has no one from the Dairy mart involoved, its one person who was passing by and got caught in the Dairy mart parking lot. He has no affiliation what so ever with the business. More over, since Jan, the police has not encountered any problems in the store, we have not called 911 even once, and since the license is back, we have maintained the same state. So please, lets be honest providing the truths to the people in the community.
aquileyendo
Sun, Jun 26, 2011 : 1:41 a.m.
I find it funny that the person defending him is also named saleh
Angela Barbash
Fri, Jun 24, 2011 : 1:46 a.m.
Unbelieveable.
Doug
Thu, Jun 23, 2011 : 8:49 p.m.
Oh heck, let's give Hamati another chance, and another, and another, and another, and another. In the meantime it's time to replace the Township board staff. Then maybe another chance won't occur.
EightySeven
Thu, Jun 23, 2011 : 8:41 p.m.
It is funny how Ypsi Twp goes hard after places like this, but A2 takes a different approach and works with these places. How many chances has A2 given to Dream Night Club and it is still open. Let Ypsi Twp lead the way by closing down these useless places.
Snehal Shah
Thu, Jun 23, 2011 : 8:18 p.m.
Is Hamati a legal resident of USA? Has anyone investigated this aspect?
aquileyendo
Sun, Jun 26, 2011 : 1:39 a.m.
Pretty sure he has to be to OWN AN BUSINESS
jondhall
Thu, Jun 23, 2011 : 7:58 p.m.
I'm so sick of the tolerance we have sometimes for these that disrespect the law. This guy needs to lose more than his Beer - Wine license, although that will make him die a slow death economically . So thus I like that idea, let him squirm and sweat at bit then make him cry. Good thing some people I know do not live near this nuisance, this has been going on way to long. Anyone with just a bit of common sense would not patronize the guy anyhow.. I commend the Township Officials once again for not turning their heads but taking on the active participation of "No Tolerance".
jiffy
Thu, Jun 23, 2011 : 5:47 p.m.
close it down
Lovaduck
Thu, Jun 23, 2011 : 5:36 p.m.
This would be funny if it weren't so alarming!
Tom Joad
Thu, Jun 23, 2011 : 4:24 p.m.
Yank his license. Stop playing games.
dading dont delete me bro
Thu, Jun 23, 2011 : 4:02 p.m.
how about a correct photo. here we go again, this photo is of the now 'in and out' on harris-share-94 service drive. how embarrasing is that for the security guard, getting busted in the lot of where his work duty is for what he did (alledgedly)
Tony Dearing
Thu, Jun 23, 2011 : 5:04 p.m.
The debate about this photo has been had previously and we would ask commenters not to rehash it. The photo is correct. Please direct your comments to the topic of this story.
Tom Perkins
Thu, Jun 23, 2011 : 4:58 p.m.
I took the photo. I was there. It's the correct location.
Tony Dearing
Thu, Jun 23, 2011 : 4:20 p.m.
Yes, our commenters engaged in a prolonged debate about this photo when we used it with an April 6 story about the Dairy Mart on Grove Road, and we did establish that it is, indeed, the correct photo of the store. You can see the earlier story and conversation here: <a href="http://www.annarbor.com/news/ypsilanti-township-to-hold-hearing-as-part-of-liquor-license-removal-process-for-grove-road-dairy-ma/">http://www.annarbor.com/news/ypsilanti-township-to-hold-hearing-as-part-of-liquor-license-removal-process-for-grove-road-dairy-ma/</a>
Red Barber
Thu, Jun 23, 2011 : 4:07 p.m.
The photo is correct!
John of Saline
Thu, Jun 23, 2011 : 3:57 p.m.
Yeah, might not have been the best choice for a security guard.
Craig Lounsbury
Thu, Jun 23, 2011 : 4:04 p.m.
nicely understated sir.
Greggy_D
Thu, Jun 23, 2011 : 3:51 p.m.
Shut it down. Now.