Statement To Wave 3
Statement To Wave 3
working many 40+ hours weeks, and hired a management company as did not have time to run a
business. I agreed to have the management company fully operate the business with two conditions: 1)
the full kitchen in which the health department approved was to serve food, and 2) the Louisville Metro
Codified Ordinances, specifically 111.02 section of what is considered adult entertainment was to be
followed. I personally had no access to the Social Media page, no access to the POS system, and no
access to employee information.
Your next statement that officials believe this was done to deceive, was originally based upon the
protests from a handful of residents at the next door Mercantile Gallery Lofts. Again, I would like to
preface this statement. I originally applied for the license as an NQ4 license, not an NQ2 license. The
handful of individuals at the Mercantile Gallery Lofts filed protests within the 30 day time frame. At this
time, Brad Silveria inspected the building and I was told that if I “built out” a kitchen he would approve
an NQ2 as a compromise to the NQ4 license.
On April 3, 2023, text message documentation with Brad Silveria, I asked “What constitutes the build out
of a kitchen?”, his response was that “if Louisville Health Department approves I have no issues.” This
was the only clarification received from ABC Director Brad Silveria regarding the kitchen buildout. I
immediately began the buildout of a commercial kitchen and was in constant communication with the
Louisville Health Department Inspector who directed me in what was needed to be in compliance, which
involved much more than the purchase of pizza ovens.
In order to have a commercial kitchen you must have a grease trap, which required additional plumbing,
make sure the freezer and refrigeration are up to code, and purchase commercial equipment. In
addition to those requirements, there is a walk-in cooler in the basement. After several months the
Louisville Health Department approved my permit. I contacted Brad Silvera on May 1, 2023 and advised
that the permit had been approved. He responded the next day via email and stated that there had
been “additional protests he needs to carefully investigate.”
The time limit to investigate protests is 30 days from the application. My ABC application was submitted
on February 28, 2023. Protests after the 30 days should not have been considered given May 2, 2023, is
over 3 months after the specified timeframe. However, I disputed the protests which were all
coordinated by the handful of residents at the Mercantile Gallery Lofts and stated many false and
unfounded allegations of all types. For example:
• They stated I had a stripper pole. I provided photos showed there was not a stripper pole at the
time. Additionally, Brad Silveria had been in the building and confirmed there was not a stripper
pole.
• They stated there were neon lights showing the silhouette of a dancer in the window. The
second floor of this building has not had electric for over 10 years. I provided Brad Silveria with
an image from when this building was “The Gold Club”, which I believe was around 2003 when
those lights were operational. Metro ABC Inspectors had been to the second floor, had to use
flashlights to look around because there was no electricity, and made a comment about how
they would like to have these lights, which were hardwired in and bolted. At the time I told them
that if you can remove them you can have them.
• They stated that a I planned to have an outside patio service. I am not even sure what this
means. If this protester was aware, any establishment can lawfully have patrons on the patio
eating or drinking beverages.
• They stated there would be increased crime. My thought was that a lawful business would be
better than what had been going on prior. There is no evidence of this.
Ultimately, Brad Silveria denied the license and I appealed. The discovery process led to even more
concerning information. On April 28, 2023, Anne Marie Hogan of the Mercantile Gallery Lofts reached
out to Lieutenant Mayor Barbara Sexton-Smith. This resulted in a very long email thread which includes
Lieutenant Mayor Barbara Sexton-Smith, resident Anne Marie Hogan, resident Patty Marquet (president
of the Mercantile Gallery Lofts HOA who had stated she had previously “thwarted” efforts of a business
to obtain a license in the same building), and Brad Silveria with Louisville ABC. These emails included
facts that the HOA took it upon themselves to hire a private investigator and relay information to Brad
Silveria. These e-mails made many allegations which were found to be false and unsubstantiated at the
appeal hearing on Sept. 19, 2023.
The final order from the hearing officer from the September 2023 Appeals Hearing found that these
handful of tenants did not constitute a public sentiment for the area. Brad Silveria admitted under oath
that he did not do any additional investigation and relied on the false statements of these residents and
made many mistakes. Eventually, in early 2024, I was granted the license after the State ABC heard all of
the truthful evidence.
Fast forward again to when I hired the management company which opened the business on April 29,
2024. The start of this hiring the management company was referenced above and continues here. On
May 2, 2024, a few days after opening, Metro ABC officer Detective Cabrera came into the establishment
wearing a hidden camera in his hat and asking for “dancers”. There are strict guidelines to follow for any
independent contractors in the building. In fact, Louisville does not provide an “entertainment license.”
All bars, regardless of the type of bar, hold an NQ4 license. There is no specified definition in the
ordinance of a “strip club”, and the ordinance regarding adult entertainment only specifies what must be
followed. However, unbeknownst to me at the time, one of the independent contractors showed her
breast after telling the Detective that she was not allowed to do this by law. The second independent
contractor also told Detective Cabera that this was illegal. When Detective Cabrera was relentless in his
request, and offered her $100, she eventually complied with his request. The Detective also asked for
food and was told none was available at that time. I do find it interesting that the two independent
contractors involved came to work for the first time that night, and after the night was over, I was told by
the management company they never returned. The Detective or an ABC officer or government official
never told the management company employee that a violation had occurred. In fact, it was not until
several weeks later that I was made aware of the event or that Louisville Metro had any issues with the
establishment.
The contract with the management company was terminated on August 8, 2024. The hearing on the
citations was held on August 13th. At that time the management company took full responsibility for the
issues before the hearing officer, and explained that they were in charge of day to day operations,
including hiring/firing, onboarding, sales compliance, and ordinance compliance. The recommended
order from the hearing officer was that I would receive a $3000 fine. There were no suggestions of the
license being revoked. I had no idea that Louisville Metro ABC was revoking the license until
approximately 1 hour before your original broadcast.
The business was closed from August 8th to until it reopened at the end of September with a new
manager who understood the importance of a food establishment and the strict ordinances to follow.
Not once did Louisville Metro ABC come into the establishment to check on the kitchen prior to the
reopening. In fact, Brad Silveria came into the establishment in mid October, before your initial article,
barely spoke to the new manager, walked behind the bar, took a photo of the liquor license and left. He
never once walked into the kitchen or looked at the walk-in cooler in the basement.
As for the accusations of the group of residents in your original article, while I do not know the specifics
of what happened when the management company had control, as I was not involved, I know of two
times in which the police were called, once by me, and once by the management company. To my
knowledge or there is no record of there ever being a third party who called the police or made a
complaint. In fact, the first time I called the police was on April 29th, the day of opening. The
management company called me and advised that a resident of the Mercantile Lofts, by the name of
Matthew Bonfer was harassing employees and threating to attack them. I was made aware and called
the police. The second call was made by the management company because a patron who was originally
asked to leave for groping an employee became violent toward the staff and threw his phone. Ultimately
this individual had to pay restitution to the bar because he damaged the property.
Your broadcast showed a video of a man crawling on the sidewalk and throwing up and a group of
people congregating, timestamped at 4:33 am. The business had a 4am license, and many nights was
closed well before that time, but never was the business opened at 4:33am. To claim that any
questionable activity on that block is a direct result of this business is ignoring the fact that this area has
a significant homeless population, is next door to an Airbnb which regularly hosts individuals in town for
bachelor parties, and near whiskey row and several other businesses who serve liquor.
State ABC was contacted by Metro ABC to Investigate the 50% food sales. I cannot speak on that as
during that time frame I did not run the business, nor did I have access to the POS system. However I do
know that once the business reopened in late September, the menu was updated, and food was being
sold. Additionally, it is odd that food sales reports are generally done annually, not one month after a
business opens.
Everything I have stated could have been proven with a proper FOIA request prior to the original
broadcast. I am not quite sure who contacted you or what was the importance of this journalism. As I
advised on the telephone, the business is closed, and I have no intent on appealing the decision of
Louisville Metro ABC. Enough is enough. It is sad that a business does not get a fair chance because of
people who have strings to pull. The false allegations against me have been destructive to my career and
my life. However, I will continue to speak the truth to vindicate my name.