Knoxville says Neyland beer vendor is responsible for unruly fans

https://www.commercialappeal.com/story/sports/college/university-of-tennessee/football/2022/12/05/knoxville-says-neyland-beer-vendor-is-responsible-for-unruly-fans/69701655007/

Knoxville: Neyland beer vendor is responsible for unruly fans and should face consequences

• The city of Knoxville is seeking to punish Neyland Stadium beer vendor for underage sales.
• The city has expanded the scope of its complaint, saying the vendor is responsible for unruly fans.
• Knoxville wants at least a 60-days suspension of beer sales by Aramark next season.
• The punishment could be more severe, including stripping the vendor's beer license entirely.

The city of Knoxville has fired back at Aramark, saying the University of Tennessee at Knoxville's alcohol vendor is not just responsible for the beer that is poured at Neyland Stadium, but for the behavior of fans.

The stakes in the dispute are high. The city is seeking at minimum to suspend beer sales for three home games in the 2023 season, with the possibility of revoking Aramark's license entirely.

Hearing officer and attorney Loretta Cravens will decide Dec. 19 whether Aramark has a case to strike portions of the city's original complaint, filed in response to three underage alcohol sales at the stadium this season. She will decide then to either set a final hearing to decide whether Aramark's permits should be suspended or revoked − or if no action is necessary.

City: Aramark responsible for 'disorderly' conduct

The original complaint includes allegations that extend beyond the three reported incidents, citing general "disorderly" conduct on game days and incidents that happened under previous Aramark permits. 

Aramark filed a motion Nov. 4 to strike portions of the complaint, saying the company "does not control the premises, does not provide security, does not control who may or may not enter University property, and is not authorized to remove or eject patrons from the premises."

The city responded, itself, on Nov. 28, saying the city has sought to suspend beer permits from business owners in other parts of the city when incidents happened on their property, from shootings in parking lots to health violations. It's not all about the beer.

Just because Aramark does not own Neyland Stadium, the city contends, "does not absolve them for responsibility for the premises in which their patrons are drinking." The same goes for Knoxville bar owners who lease space for their business.

During 2021 home games, $2,672,111 in revenue was generated through the sale of 230,338 alcoholic drinks. That revenue is split 50/50 between UT's athletics department and Aramark, according to previous Knox News reporting.

"To be clear, Aramark denies without reservation any suggestion by the City that Neyland Stadium or any other UT property is operated in a 'disorderly manner,'" Aramark said its in Nov. 4 motion.

What determines a suspension or a revocation?

The city is citing a report of crimes that have taken place on campus, including Neyland Stadium, as part of its attempt to prove disorderly conduct.

"Certainly some of the information within that report is inapplicable, as the event did not occur within the premises, but the violations mentioned in the Complaint were only violations that were reported to have occurred within the stadium itself," reads the city's Nov. 28 response to Aramark.

In that response, the city says it is not required to prove crimes happened because of alcohol − just that "violations of law" occurred on the premises.

Violations by permit holders can extend beyond law to include "any breach of the peace," according to the city.

If the hearing officer decides Neyland Stadium is being operated "disorderly," the city wants a total revocation. If the "disorderly" definition is not met, the city seeks a suspension of 60 days, with a minimum of three home football games.

Revoking Aramark's permits at Neyland Stadium would prevent the company from acquiring a beer permit at the venue for 10 years, but it would not take away Aramark's permits at other campus venues. Another company could bring beer back to Neyland Stadium with the proper permits, but only after a full year has passed.

Beer means big business and big consequences

If the 60-day ban was to start at the beginning of next season, when Tennessee takes on Virginia in Nashville on Sept. 2, Neyland Stadium would be without beer for the team's first four home games against Austin Peay, UTSA, South Carolina and Texas A&M.

Beer only would be available for the final three games of the year against UCONN, Georgia and Vanderbilt.

The first four home games of last season generated nearly $1.2 million.

Faulty technology was, at least, partially to blame for an underage violation at the Florida game. Aramark shared it has improved that technology to allow for scanning IDs when systems are offline.

The other underage incidents happened at games against Akron and Alabama. All three violations involved minor informants, but these weren't the first incidents at Neyland Stadium since alcohol came into the picture in 2019.

Why the city seeks 'more severe' actions against Aramark

Aramark had previous violations that were wiped clean when the company applied for new beer permits in recent years − one due to SEC policy changes in 2020 and another due to "an expansion of the premises" in July.

The three busts this season brought Neyland Stadium's total violations to 12, including seven that happened under a previous permit at Garth Brooks' concert in November 2019.

Again, Aramark does not believe these facts are relevant in the city's case.

"The Hearing Officer not only has the authority, but the obligation to consider previous sanctions imposed against Aramark, and is expected to 'exercise all available option, including revocation of the permit,'" according to the city's response. "At all times, the applicant for the permit was the same owner and permittee: Aramark Sports and Entertainment Services, LLC."

A suspension/revocation hearing is required after a vendor has three violations in a two-year span. This is standard for any business licensed to sell beer in city limits, no matter the size.

Aramark typically has more than 160 points of sale for beer on game days at Neyland Stadium, according to a remedial plan submitted to the Beer Board in October.

Remedial plans and fines paid by Aramark did not prevent further underage sales, according to the city, which is part of the reason "more severe sanctions" are being requested.

Ryan Wilusz, downtown reporter and urban explorer for Knox News, can be reached at 865-317-5138 or by email at ryan.wilusz@knoxnews.com. Follow Ryan's work on Instagram @KnoxScruff, and sign up for the free, weekly Urban Knoxville newsletter. Unlock premium perks and support strong local journalism at knoxnews.com/subscribe.

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