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GREENSBORO — A downtown nightclub that was the site of a homicide last week has had its application for a permanent liquor license denied by the N.C. ABC Commission.

Club Rain at 219 W. Lewis St. was denied its application to serve alcohol in a notice filed Friday afternoon, according the commission. The club had been working on a temporary permit for a year, which is now suspended.

Rufus Morrison III was fatally wounded outside the club at 4:17 a.m. on July 20 in a killing that remains unsolved.

Club owner Montis Lash has maintained the club was closed at the time other than staff members and friends inside playing cards and shooting pool.

He has said the shooting had nothing to do with the business, though police believe Morrison was among the group leaving the club when he was shot.

The decision to deny the club’s permanent liquor license was made after the analysis of a series of ongoing issues at the club, said Renee Cowick, assistant counsel to the N.C. ABC Commission.

“The homicide that occurred a week ago was a factor, but not the factor in the suspension of temporary permits from Club Rain,” said Cowick, who wrote the notice rejecting the club’s application for a permanent license.

“There were several (ABC) violations in August, February and March (and so on) — both alcohol and statute violations.”

In the notice denying Club Rain’s permit, Cowick made the following arguments, according to documents obtained by the News & Record:

• The club has not complied with ABC laws. She cites instances in which the club served alcohol after hours; failed to clear the site of discarded alcohol containers by 2:30 a.m. in violation of ABC rules; and did not adhere to tax stamp regulations, which are used to prove bottles were purchased through the ABC Commission.
• The club has been detrimental the area. She cites violent crime at the club, including fights, a shooting, a stabbing and complaints from neighboring businesses.
• The local government disapproves of the club. She cites recommendations by police in the summer of 2008 that the club not receive its initial ABC license; as well as a July 21 letter from Police Chief Tim Bellamy saying the club strains police resources.

Cowick said the club was granted a temporary license in 2008 because the ABC Commission had no legal ground to deny the license then.

Police have responded to the club’s address 94 times since June 2008 — 64 of those calls came after the name was changed from Club Remix to Club Rain in July 2008.

Lash said he feels that the police department has unfairly discriminated against his business and that he has made every effort to comply with all ABC rules and regulations.

“We do our best to comply with all regulations put forth by the ABC Commission and it is disturbing to find out we are being targeted like this,” Lash said.

“These alleged violations took place months ago, and the majority of those cited did not appear to be officially be written up and did not result in fines. ...

“These items were just put together to justify suspending the license,” he said

Lash also questioned the credibility of the number of calls cited by police, the types of calls made and how his business compares with other clubs in the area.

Bellamy said the call volume speaks for itself.

“He is not being singled out,” he said.

“The calls are an indication that things are going on at that location.”

Lash has 60 days to appeal the decision, which he said he will do.

Contact Ryan Seals at 373-7077 or ryan.seals@news-record.com