Deniel Saintal
Onyx Bar & Grill

Nancy Edmonds Hanson

After turning down its application two weeks ago, the Moorhead City Council Monday approved a liquor license on appeal for the new Onyx Bar & Grill.

The establishment is located in the building that housed the Speak Easy Restaurant and Lounge on 30th Avenue South for almost 50 years. Entrepreneurs Deniel Saintal and Jordany Dort plan to serve a menu featuring Haitian and Caribbean foods and drinks in the former Italian eatery, with live music presented from 10 to 2 on Friday and Saturday nights.

Saintal had earlier announced plans to open in April. But problems were found in its initial liquor license application derailed his plans. According to Saintal, he withdrew that first application from consideration last summer when he discovered errors and inconsistencies in the paperwork.

The new, corrected application was submitted for the city’s review in September. Minnesota law requires a background investigation before issuance of a liquor license. That application met the requirements set out by the police and city staffers and was originally included on the council’s consent agenda. (The consent agenda typically includes noncontroversial matters to be approved on a voice vote.)

However, it was removed for debate on a motion by council member Ryan Nelson, who raised issues with the information provided, including planned security measures during the late-night hours. Approval of the licensure ultimately failed at that meeting, with Heather Nesemeier, Laura Caroon, Deb White and Larry Seljevold voting to approve and Nelson, Matt Gilbertson, Sebastian McDougal and Chuck Hendrickson voting no. Mayor Shelly Carlson, whose vote would be needed to break the tie, was absent from the meeting.

After the refusal, Saintal and partner Jordany Dort filed an appeal of the decision, as permitted by Minnesota law. That led to Onyx owners Saintal and Dort addressing the council at Monday’s meeting, along with their attorney Tim O’Keefe, asking for reconsideration of the prior rejection.

Nelson renewed his questions about Saintal’s former investment in a West Fargo night club that eventually shut down after noise complaints. Saintal said he had been a silent investor in the club and withdrew his support after the first three months when problems developed. “I am open to working with the Moorhead police on anything that occurs,” he asserted. “I came here from Haiti when I was 11, 28 years ago. I know how important it is to have the police around.”

Council member Larry Seljevold moved for approval the license. “There is another license on the consent agenda tonight,” he pointed out, referring to license approval for Hen Holdings LLC doing business as the Hen House. “The city did investigate and approve both of these applications. Yet no questions were asked about the other one. I don’t see any reason to deny this one, either. They jumped through all the hoops. They were scrutinized, and they passed. Adding another layer to the approval process is not fair.”

Council members Deb White and Heather Nesemeier echoed his statement. White added, “New people are moving into this area (in south Moorhead), and they are looking for more places to have fun. This will fill a building that has been vacant for a long time, and it’s something folks are looking for.”

She added, “It’s important to be consistent in how we treat applications. We count on our staff to work through the very complex material they contain. Our staff and attorney did just that. It’s not typical to ask for additional information about an applicant’s history, associates and security plan. We feel as a council that these matters are best handled by staff. If we are changing that – if we aren’t going to take staff recommendations, we should do it universally, not in a single case.”

The vote on Seljevold’s motion to approve the license split down the middle, four to four, as it did during the initial consideration on Sept. 11. This time, though, the mayor was present to cast the deciding vote.

“This is my responsibility as mayor to break the tie, and I will be voting yes to allow it … with a lot of hesitancy because of the past issues brought up tonight,” Carlson said. Addressing Saintal, she said, “I believe you are very aware of the scrutiny going forward. We want to be sure you, your patrons and law enforcement are all protected.”