The owner of Durango Beer & Ice Co. denied accusations by the city this week that his establishment has operated without proper state or local liquor licensing since 2024.
Owner Mark Harvey attended a public hearing during a City Council meeting Tuesday where some tempers flared as councilors questioned him about the status of his licenses.
Harvey said he has run Durango Beer & Ice Co. for more than 20 years without issue, and although he was late renewing a liquor license this year, he is communicating with the state and a new license is pending.
A show cause notice issued to Harvey last month said he previously held Fermented Malt Beverage wholesale and manufacturing licenses, both of which expired in September 2024.
At the hearing, City Attorney Mark Morgan called into question whether Durango Beer & Ice, located at 3000 Main Ave., was using the proper licenses for a brewpub.
Harvey argued Durango Beer & Ice is not a brewpub as defined by the state of Colorado despite a description on the business’ website that suggests otherwise.
The term “brewpub” appears just once on the landing page of durangobeerandice.com in a description that says, “We offer a casual brewpub environment and dog friendly outside deck together with great beer and pub fare.”
As for Durango Beer & Ice’s website description, Harvey said that is a “misunderstanding or a wide interpretation by council.”
Morgan asked code enforcement officers to describe what they saw at Durango Beer & Ice when they served Harvey with papers. The officers described tables, bar stools and taps. One officer said she saw expired blue and pink business licenses hanging on a wall.
Morgan said the legal distinction between types of liquor licenses as described by Harvey is not correct, and Harvey is in violation for lacking state or local liquor licenses for a brewpub.
“I would find it odd and strange and problematic if after 23 years we determined there’s a licensing problem. It’s been set up the same way for 23 years since I've owned it,” Harvey said.
He said if city regulations changed at some point then he should have been notified by mail, and accused code enforcement officers of serving him a notice “at gunpoint.”
Durango Police Department spokeswoman Amanda Garrison said Harvey was not served at gunpoint and his claim was “overwhelmingly” false.
“I personally find it condescending that you’re assuming that we don’t know the difference between a brew pub license and a manufacturing license,” Mayor Dave Woodruff said. “I’ve been 21 years in this community. Worked at a brew pub, (ran) and operated bars. So your assumption is not warranted.”
Woodruff asked Harvey if he had any evidence of a valid 2025 liquor license for Durango Beer & Ice. Harvey said he did not and would have to search for it.
Councilor Jessika Loyer showed more skepticism than patience when Harvey said he’s been in talks with the state about renewing or reissuing his liquor license since the start of the year.
She said she wants to see documentation of Harvey’s business licenses for 2024, 2025 and 2026.
“I don’t know if we can reschedule this for the next City Council meeting so he can have time to produce the documents so I can say, ‘Is it a minimum fine or is it a maximum fine?’ How much are you abusing the system and your role as a business owner, sir?” she said.
Harvey said he doesn’t think he is abusing anything, and certainly not intentionally. He said the city isn’t business-friendly, and he’s struggled recently in his personal and business lives.
“If I can sit here and look at you and believe this man is a part of the community, he wants to do better, he wants to have an active license, he maybe had one, maybe it was lost or misplaced – I’m not doubting you – but when you’re sitting there and being condescending and rude it makes me have a very different outlook on this whole thing,” Loyer said.
She said she is business-friendly, but she doesn’t want people taking advantage of systems like business licensing and putting the community at risk by serving alcohol without a license.
“All I’m saying is don’t be condescending,” she said. “You’re not in compliance. You did something wrong. And it might not have been intentional or you were trying to hurt people or anything, but you did. You messed up. Now we’re going to say we’re sorry and we’re going to talk about how we’re going to go forward in a better fashion.”
City Council continued the hearing until July 7 to allow Harvey time to procure evidence of past licenses.
cburney@durangoherald.com
