enlarge 2009 Press Herald file

The Cactus Club on Fore Street in the Old Port has been the scene of numerous disturbances over the past year.

Stop me if you've heard this one: The Portland City Council is planning to nuke the liquor license of a bar owned by Thomas Manning.

Unless things shift on the council before its next meeting Feb. 18, it would be the third time the city has pulled the license on one of Manning's bars.

It's like deja vu all over again.

According to Portland police, The Cactus Club on Fore Street in the Old Port (formerly known as The Lava Lounge, formerly known as The Mercury) has been the scene of many a disturbance over the past year, from underage drinking to fistfights.

If this sounds familiar, it's because police reported similar incidents in connection with Manning's former bars, Digger's/Liquid Blue on Wharf Street, and Metropolis on Forest Avenue, when the city pulled their licenses.

We've been on this merry-go-round before, but the outcome always seems to be the same: Manning somehow stays in business.

Maybe it's time to find out why so we can all move on. We need to decide whether Manning is an entrepreneur or a villain.

Is he another Portland businessman trying to stay afloat in a bad economy, pay his employees and provide the city with a much-needed service?

Or is he the sinister, shadowy figure who stalks Wharf Street, enticing young children to sip tequila and luring wholesome and unsuspecting girls to dance on tables for tips?

The truth – or something like it – is probably far different, or something in between. But it's hard to know. Neither Manning nor his attorney returned repeated phone calls.

When police came to the council to recommend denying the license, they cited 52 calls for service from December 2007 to last November. The calls involved a shooting and several fights, as well as citations for selling alcohol to minors. Conversely, from December 2006 to November 2007, police had only seven calls and no liquor license violations at The Cactus Club.

Although the council initially deadlocked 4-4 in a vote last Monday, the absent swing vote, Councilor John Anton, now says he plans to oppose renewal of the liquor license. Manning would have 15 days to appeal the decision to the state.

Regardless of his complicated history with the city, including a guilty plea to disorderly conduct in a fight outside Liquid Blue in 2006, some councilors say things aren't black-and-white when it comes to Manning.

Councilor Cheryl Leeman said she doesn't think the data provided by police was compelling enough to deny the license. Leeman, along with councilors Daniel Skolnik, Dory Waxman and Nicholas Mavodones Jr., voted to renew the license.

"I'm not going to pull the rug out underneath someone's business unless I think there are compelling arguments to do so," she said.

Although Manning has made his share of mistakes, Leeman said the council needs to look at each liquor license on a case-by-case basis.

She said Manning deserves another chance. But she's not against sending a warning shot, and supports a probationary period for the bar's entertainment license.

"Clearly (Manning) needs to be put on notice," Leeman said. "I don't disagree with that."

Councilor Kevin Donoghue, whose district includes the Old Port, said Manning put his liquor license in jeopardy by managing the bar irresponsibly.

"The business model of that establishment has created more trouble for our police and more risk for our residents," he said.

Donoghue voted to deny the license, along with councilors David Marshall, John Coyne and Mayor Jill Duson.

He supports denying the club's entertainment license. That would mean no bands and no DJs.

Donoghue said Portland is becoming well-known for its vibrant bar and club scene. All it takes is one bad bar to tarnish that, he said.

"I have no problem with Portland being a night life destination," he said. "But it has to be based on quality and safety."

Janis...