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HUNTINGTON The city of Huntington recently issued a cease-and-desist order to a business on 4th Avenue.

The city said Pops Lounge, located at 1110 4th Ave., was advertised as an illegal bar. The Huntington Police Department became aware of the bar through social media posts.

A news release from the city said the lessee of the property had repeatedly and unsuccessfully attempted to get a business license to operate a bar on the property.

During the past 18 months, the City of Huntington has experienced several episodes wherein illegal bars have opened unexpectedly, and violent criminal activity has ensued, the release said.

In addition to issuing the cease-and-desist order, the release said the city will follow with that action with the securing of the necessary warrant or warrants to conduct a raid on the premises should an illegal bar open.

Tracy Phillips, the owner of Pops Lounge, said he applied for a city business license but it was ultimately denied. Phillips, a Black man, said he believes he was denied a license to open because of racism within the city. He said he tried to get a city license for about seven months, originally to put his second business, Spudz Potatoes, at 1110 4th Ave. and then later for Pops Lounge.

Phillips held private family events at Pops Lounge because he didnt want the place to stay empty, he said.

I do feel like there is a serious racism problem in this city as far as when Blacks try to open up businesses, Phillips said.

Phillips told The Herald-Dispatch he plans to seek legal action, but does not have a lawyer yet. He now plans to open Pops Lounge as a gourmet hot dog business and attempt to obtain a liquor license in the future for that restaurant.

If Mr. Phillips wants to make those allegations (of racism) in court, we will successfully defend ourselves, City Communications Director Bryan Chambers said.

Phillips moved Spudz Potatoes to a different location, 941 4th Ave. It is currently open for business. Chambers said Spudz Potatoes was issued a business license and certificate of occupancy last week.

City attorney Scott Damron said Friday that he has not heard personally from Phillips or anyone else with Pops Lounge. He said Phillips was denied a license for a bar because he is disqualified from obtaining a liquor license in West Virginia. Because of privacy, Damron said the city cannot disclose a disqualifying reason.

We informed him that if he was able to obtain (a West Virginia Alcohol Beverage Control Administration) license from the state of West Virginia, we would issue a business license to him for a bar, Damron said.

He added that it was the citys understanding that Phillips would not qualify in the future for an ABCA license, thus he would not be eligible for a city license to operate a bar.

Damron said the Huntington Police Department had not visited Pops Lounge while it was in operation. He said, upon information and belief, the lounge was in illegal operation once or a few times and HPD was made aware of operations after the fact.

Phillips said police visited Pops Lounge five or six times.

Damron said that if the city finds future attempts of illegal business operations in general, We will find out about it and shut it down.

The cease-and-desist order comes as two possible ordinances relating to illegal business operations have been discussed at Huntington City Council meetings.

At Mondays meeting, council voted to amend one of the ordinances, which relates to inspections after a business license has been issued. As amended, the ordinance says the director of the Division of Finance will notify the mayor or the mayors designee within a week of issuing a business license. Within a month, the mayor or the designee may inspect the business to determine whether the business is being conducted in a manner consistent with the licensing information and in a lawful manner. Periodic inspections would be allowed to follow.

Because the ordinance was amended in a 6-5 vote, it will have a second reading at the next City Council meeting April 26.

The council also discussed another ordinance Monday relating to adult game rooms. The ordinance provides definitions for what businesses are adult game rooms and requirements that they must meet in order to operate within the city, such as getting licenses from the city and the ABCA to serve alcohol. This ordinance will have a second reading at the next City Council meeting.

The American Civil Liberties Union of West Virginia sent Damron a letter via email regarding the amendment Monday during the City Council meeting. According to a copy of the letter, the ACLU-WV had concerns with the proposed ordinance going against Fourth Amendment rights in the U.S. Constitution. The ordinance did not provide a mechanism for business owners to contest a government search.

It is not a legitimate government interest to blanketly permit warrantless searches of businesses, said the ACLU letter, which was signed by Legal Director Loree Stark. Law enforcement have a venue by which they may do that in a way that is constitutionally compliant: establishing cause sufficient to procure a warrant.

We dont agree with their reading of the ordinance, Damron said Friday.

He said the city did send a response to the ACLU. Stark did not return a request for comment Friday.

The ordinances are needed, Damron said, because they apply to an issue over the last 18 months. The city has previously said that some businesses have attempted to obtain a business license but operate illegally.

McKenna Horsley is a reporter for The Herald-Dispatch. Follow her on Twitter @mckennahorsley.

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City sends cease-and-desist order to downtown bar - Huntington Herald Dispatch