The Mandan City Commission shot down a last ditch effort to keep Ratz Lounge open past Friday when the bar's Class A license expires. The action came at a special meeting on Tuesday.

This came the same day brothers Jesse and Jason Gange, owners of Ratz Bar, pleaded not guilty to several charges in Morton County Court resulting from an altercation with law enforcement which led to the city's revocation of the liquor license. At the commission's last meeting, commissioners denied a request to transfer the Ratz license and had no application for renewal to act upon.

Mandan Mayor Ken LaMont said he was contacted by the brothers' father, Ivan Gange, asking Ratz's license be renewed for the July 1, 2005, through June 30, 2006, license period.

"The way he worded it to me, he had contacted members of the commission and specifically told me that renewal was all right with the rest of you," LaMont said.

The rest of the commission said they had spoken to Gange and offered a sympathetic ear for the situation the lounge and its owners were dealing with.

"I told him (Gange) that I would consider it and that he would have to call and talk individually with each one of the commissioners," commissioner Sandra Tibke said. "I told him the reason why we decided to revoke the license, because we had a situation and had to follow through with discipline. That's why we did it."

Commissioner Tim Helbling, participating by conference call, said Gange told him that should the appeal filed in district court on the city's revocation decision fail, "there would be no questions asked and Ratz's would be gone." Gange also indicated to Helbling the Ganges would pay the full-year licensing fee, $2,500, expecting no refund should the judge determine the city's revocation was appropriate.

Commissioner Dan Ulmer, also participating by conference call, said he had mixed feelings over Ratz's request.

"Part of it is that we've already revoked the license," Ulmer said. "The other side says the court is going to make a determination and it's better at determining guilt or innocence and perhaps we should wait."

"I'll support whatever the commission decides," LaMont added. "The revocation is in place and we've voted, basically, that it's not renewable. Perhaps we should leave well enough alone. But there's also the argument of helping them get through the Fourth of July, because it's busy downtown and it will help them pay the bills.

City administrator Jim Neubauer said attorney Malcom Brown, who is representing the city in the appeal, would likely ask the action be dismissed if the commission didn't approve the renewal, "because there would be no license to appeal to."

"We're really not renewing licenses; we're issuing new licenses every year," LaMont said. "I don't know, I want to be a good guy and let them put a few bucks in the bank through the fourth."

Neubauer and Tibke indicated the appeal probably wouldn't be heard until the middle or end of July. Judge Robert Wefald had recently requested further information on the appeal.

Helbling made the motion to deny the application for a liquor license for Ratz which was seconded by Ulmer.

"I'm a little wishy, washy on this too," Commissioner Stan Scott said. "We have to remember the support we gave the police for the fight at Ratz. As portfolio holder I feel it's important that our employees know we are standing behind them. On the other hand, should the appeal go the other way - you can never be sure about these things - we wouldn't be out anything. We'd still collect the taxes on the alcohol sales and they will have paid for a license for the entire year."

LaMont said that based on his phone conversation with Gange, he had thought the commissioners were in favor of providing the license, but after the discussion they would not support the renewal. Commissioners unanimously approved the motion denying the application.

In other action the commission did approve a license for Jokers Bar & Grill along with special Sunday opening dates. This came on the recommendation of Neubauer who had been awaiting further information from the establishment's owners.

(Reach reporter Gordon Weixel at 250-8255 or gordon.weixel@bismarcktribune.com.)