AR- Sex Offender's Wife Seeking Private Club Liquor Permit

In another article and HERE they have misreported the reason why the husband was told to leave the bar. However, assuming he was not working, then he can remain in the bar and drink whatever he wants...He is a free man, just can't work at an establishment that serves alcohol..which is true of anyone with a violent felony, in Arkansas.

3-17-2009 Arkansas:

An application a Fort Smith woman has made to the state liquor licensing board for a private club permit will have a notation added to it that her husband is a convicted sex offender, authorities said Thursday.

Jennifer Spence has applied for a private club and retail beer-on-premises permit for a business identified as JAT in the 900 block of North A Street, J.C. Rider, a local agent with the state Alcoholic Beverage Control, confirmed Thursday.

Spence's husband is Johnny Wayne Spence, 43, of Fort Smith, a Level 4 sex offender, which state law describes as a sexually violent predator. Fort Smith police released information Tuesday about Johnny Spence after his status elevated from a Level 3 to a Level 4 sex offender.

When contacted by the Times Record, Rider said he was unaware that Jennifer Spence's husband was a convicted sex offender. He was in the process of reviewing Jennifer Spence's application that had recently been forwarded to him after a criminal history check by State Police.

When Rider contacted Spence's wife, she told him that Johnny Spence will not manage the business or be employed there. The club will be managed by Justin Walksman of Fort Smith, according to the permit application.

Once Rider completes a check of the application and its accuracy, he will forward it to ABC's director, who then makes a recommendation to the ABC board of directors when it meets next month.

"As long as a convicted violent felon doesn't work in there, I don?t see a problem with it," Rider said about the application.

Rider said felons are allowed to work at businesses that serve alcohol if they are not convicted of a violent offense or if the conditions of their parole or sentence allow it. However, any person convicted of a violent felony offense is prohibited from it.

On Tuesday, Fort Smith detective Adam Creek received paperwork from state officials that showed Spence is considered a Level 4 sex offender because of his conviction last year in connection with a sexual assault of a 16-year-old girl. He took the girl to a hotel room, gave her narcotics and tried to have sex with her, Creek said earlier.

Spence's convictions for sex-related offenses include fourth-degree sexual assault, attempted rape and first-degree sexual abuse. His first conviction in 1992 was in connection with an assault of an adult female, police said.

In 1993, Spence broke into the residence of a woman he knew and waited in her house until she arrived. After she got undressed and into bed, he tried to rape her, Creek said. As a result of his conviction on that case, he was required to register as a sex offender and was assessed as a Level 3.

Spence, who resides in the 4900 to 5500 block of Birnie Avenue, used no weapons, but did use force during his assaults, according to information released by Fort Smith police. Because of his criminal arrest pattern, police are concerned that he will reoffend.

Creek said Thursday he learned Wednesday afternoon about Spence?s wife's application to serve alcohol at a downtown business. He plans to discuss the recent information with Rider. He doesn't believe there will be an issue as long as Johnny Spence does not work at the establishment.

Court records show Johnny Spence has been sentenced three times in Sebastian County Circuit Court in the last six years.

On July 12, 2003, Johnny Spence pleaded guilty to residential burglary and breaking or entering that occurred Aug. 1, 2002. He was sentenced to three years in prison plus three years suspended. He was given credit for 298 days already served in jail.

Other plea agreements in Circuit Court include a Feb. 12, 2006, plea, where he pleaded guilty to failure to comply with reporting requirements of the Child and Sex Offender Act that occurred May 9, 2005. Imposition of sentence was withheld for six years on condition of good behavior. He was ordered to pay a $1,350 fine and $150 court costs.

Then on Sept. 30, 2007, Spence pleaded no contest to fourth-degree sexual assault of the 16-year-old that occurred Oct. 31, 2006. Imposition of sentence was withheld for five years on condition of good behavior. He was ordered to register as a sex offender, to participate in a sex offender program and to have no contact with the victim. He was ordered to pay a $750 fine and $150 court costs.

Sex offenders who are assessed at Level 3 or Level 4 pose the highest level of risk to the public, according to the Arkansas Crime Information Center Web site. ..News Source.. by Amy Sherrill