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By MACKENZEE SIMMS | Staff Writer

PELHAM – Following reports that two local businesses were illegally hosting bingo games, the Pelham City Council voted to allow the locations to stay open after holding public hearings on Monday, Oct. 21.

Pelham city attorney Josh Arnold shared that during yearly business license reviews the city became aware that Lil Bits Tavern and Pub 261 were conducting games of paper bingo which are illegal in most of Alabama.

“Bingo, under state law, is considered a lottery,” Arnold said. “In Alabama law, a lottery, which is generally illegal, is anything that involves a prize awarded by chance and your participation is for consideration, meaning you have to pay or exchange something of equal value to participate in the possibility of winning a prize.”

Arnold further specified that the prize does not have to be cash in order for an activity to be considered a lottery. According to Arnold, there are certain places in Alabama where bingo is allowed, but those locations require a statewide constitutional amendment to be passed to allow bingo games.

Ray Foushee, the attorney representing Jessie Italiano, the owner of Lil Bits Tavern, shared that Italiano was unaware that bingo violated state law and began hosting bingo games after being approached by a third party entity that indicated that they had all the proper licenses.

Foushee explained that Italiano received notice from the city of Pelham that bingo violated state law on Oct. 9.

“(Lil Bits Tavern) immediately ceased operation of all paper bingo,” Foushee said. “They intend to work hand over glove with the city to make sure that all regulations and laws are met. Moving forward, with a good relationship with the city as a small business owner, that’s what she wants to do.”

As for Pub 261, attorney Mike Wallace representing the owner of Pub 261 Keyvan Soleymani shared a similar story to that of Lil Bits Tavern, claiming that Pub 261 ceased bingo upon being contacted by the city.

“We had those conversations once we knew about it, and we immediately shut down bingo,” Wallace said. “We assured him that we would not have (bingo) and that we would fully comply with the city of Pelham and its Council. We never had the intent ever to try to circumvent the law in any way.”

Despite the businesses agreeing to end all bingo operations, the city of Pelham held public hearings to give the community the opportunity to speak for or against the revocation of the business licenses for Lil Bits Tavern and Pub 261 at a regularly scheduled city council meeting on Monday, Oct. 21.

At the public hearings, more than a dozen citizens of Pelham and surrounding areas spoke in defense of the two businesses, citing that the bars were pillars of the community that offer camaraderie and give back through philanthropic pursuits.

Donna Gardner became a patron of Pub 261 when they began offering bingo. As a retired person, Gardner shared that Pub 261 is one of her favorite places to visit.

“When I started going there and met all these great, wonderful people, I became part of their family,” Gardner said. “You just have to go there to understand what it’s like. We really want you to consider these people because they’re great for the community.”

Pelham resident Aaron Wilkes spoke in favor of Lil Bits Tavern, sharing his experience with the establishment.

“I came in a stranger and left almost like a family member,” Wilkes said. “As far as businesses are concerned, I really appreciated the way they treated me. I love Pelham businesses and try to support them as often as I can.”

Wilkes believes that if the businesses ceased bingo, the Pelham City Council should support them as well.

“Most of you all, either implicitly or explicitly have stated that the goal of the Council is to continue economic development and keep Pelham businesses in Pelham,” Wilkes said. “I hope the Council takes it to heart that the illicit activities are no longer going on, and we can keep Pelham businesses in Pelham for as long as we can.”

Other residents, such as Angela Davis, shared their belief that traveling into Birmingham for entertainment is too dangerous and that these Pelham businesses are safer alternatives.

“I like having somewhere to go local,” Davis said. “I’m happy to have places locally that I could go to, and I don’t have to worry about switches or my life.”

After the public hearings, the Pelham City Council voted unanimously to not revoke the business licenses of Lil Bits Tavern or Pub 261, allowing both to stay open, to the cheers of the gathered crowd.

“I’m very happy with how it all went down,” Wilkes said. “There’s a world probably where (the Council) takes the strictest interpretation and they shut down the businesses, so I’m glad they used their discretion. Hopefully the public comments swayed them. To keep businesses in Pelham has always been the goal of the Council and they saw it through.”

In the closing comments of the night, Pelham Mayor Gary Waters thanked Pat and Jessie Italiano of Lil Bits Tavern and complimented them for their composure. Waters admitted that he personally has played bingo at Lil Bits Tavern, but has never won any of the prizes.

“I couldn’t let this meeting go without saying that I’ve been in office for 12 years, but I’ve been going to their establishment for 16,” Waters said. “It’s still my favorite bar. (Jessie) could have thrown me under the bus when we were having a discussion because I too have engaged in bingo.”

The Pelham City Council also announced that they will hold two more public hearings on Monday, Nov. 4 to consider the revocation of the business licenses of The Beer Hog and Blue’s Bourbon and Brews, also for bingo related reasons.