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HomeMy WebLinkAbout02-28-1996 Meeting I I I PUBLIC SERVICES MINUTES COMMITTEE ROOM - February 20. 1996 4:00 P.M. PRESENT: Mays. Chairman; Kuhlke, vice Chairman; zetterberg, member; Todd, member; Wall, Interim Attorney; J. Brigham, commission-Council Member; Charles Dillard, Urban Services Administrator; M. Gooding, R. Johnson, S. Walker, M. Meyer and C. Attaway. Also Present: Wayne partridge, Augusta Chronicle; George Eskola, Channel 6 News; Gale Mino, WBBQ Radio. Mr. Chairman: Called the meeting to order. 1. New Application: A.N. 96-3: A request by Dean Moore for a consumption on premises beer & wine license to be used in connection with S'Moores (Cafe) Inc. located at 3669-B Walton Way Ext. Mr. Chairman: Is the applicant present? Inaudible. Mr. Meyer: Are there any objectors the application meets the requirements Ordinance and stands for approval. present? Mr. Chairman, of the County Alcohol Mr. Kuhlke: I vote for approval, Mr. Chairman. Mr. Todd: Second. Motion carried unanimously. 2. New Application: A.N. 96-4: A request by Ronnie A. Brown for a consumption on premises liquor, beer & wine license to be used in connection with Harambee Lounge & Game Room located at 2546 Deans Bridge Road. There will be a dance hall. Mr. Meyer: address please. Is the applicant present? Give your name and Mr. Brown: Ronnie Brown and my address is 2546 Deans Bridge Road. Mr. Meyer: Are there any objectors to this application? Mr. Chairman, the application meets the requirements of the County Alcohol Ordinance but the background investigation, etc. conducted by the Sheriff's Department indicates some problems. The Sheriff's Department does object to it. Item 7 on the application was answered "No", and we feel that this is falsification of the record in that there are some arrests from outstanding violations and Mr. 1 Turnage will address them. Mr. Turnage: My name is Stoney Turnage with the Sheriff's Department. After conducting and investigation on this alcohol license, I found where Mr. Brown had been arrested in 1982 for a possession of marijuana charge. I also have a copy of the conviction from State Court on this count. Also, in 1983 there was a robbery by force and that charge was dismissed later on. Further investigation into his criminal record indicated an arrest in Martin County, Florida. My partner, Roderick Berry, he called down there and I would like for him to tell you what he found out on that one. Mr. Berry: After we received this application we went out and spoke with Mr. Brown. Mr. Brown stated that he had never been arrested. We asked him did he check "no" on the application and at that time we showed him some photos of the dates that he was arrested from the two counts in Richmond County. He then said that the pictures were of him. I then asked him about the case in Florida. He stated that he was arrested for possession of marijuana and was let go the day after. I called the Martin County, Florida, Sheriff's Department and spoke with the Deputy who stated he was arrested but there was no disposition. I also tried the Solicitor's office and they had no record of it. But he was arrested and charged with possession of marijuana. Mr. Todd: The biggest thing I see, Mr. Chairman, is that he falsified the application. The arrest is not a factor here in a sense that we have always looked at it for five years back. I make a motion that we deny this application on the grounds that he checked "no", and when he had an opportunity to correct it he did not. Mr. zetterberg: Second the motion. Mr. Chairman: We have a motion and a second on the floor for denial. But before carrying the motion to a discussion period, I am going to allow Mr. Brown to address us in reference to the charges that have been made from the Sheriff's Department before the motion is voted on and any disposition. Mr. Brown: I am sorry about the application, but I read it wrong. I thought it was talking about any convictions, meaning going to court saying guilty or not guilty. I did not understand it as any arrest when Mr. Stoney came to me and told me. I told him I would put it down. But as far as the charges there were no conviction because it wasn't me. I got an attorney and I had nothing to do with. I am sorry it was on my record but I did not do it on purpose or try to hide it from anyone. Mr. Zetterberg: .Mr. Meyer, would you read the question. 2 I I I I I I Mr. Meyer: Before I read the question, I reckon we need to clear up this. Correspondence from the Sheriff's Department indicates that Mr. Brown was convicted on the charge in 1982. Maybe Mr. Turnage can address that. Question 7 on the application says: "Have you ever been arrested, or held by Federal, State, or other law enforcement authorities, for any violation of any Federal Law, State Law, County or Municipal Law, Regulation or Ordinance. (DO NOT INCLUDE TRAFFIC VIOLATIONS) WITH THE EXCEPTION OF ANY OFFENSES PERTAINING TO ALCOHOL OR DRUGS. All other charges must be included even if they were dismissed. Give reason charged or held, date, place where charged and disposition.) Any charges even if they were dismissed should be listed. Mr. Chairman: Jim, do you have anything to add to this? Mr. Wall: Just as Mr. not eligible for license is information or made any application for a license. about the misrepresentation, misrepresentation. Todd commented, individuals that are a person who has knowingly falsified material misrepresentation on the You have the information before you and I certainly think it is a material Mr. Kuhlke: Mr. Chairman, if we deny this how long before Mr. Brown can reapply? Mr. Wall: Twelve months. Mr. Chairman: When that was brought to his attention, Mr. Turnage, was there any redirection of any sort to admit or to change anything that had been placed on there. Mr. Turnage: Initially, he denied being arrested. showed him the photos of his pictures, then he remembered was arrested. He also said he had never been convicted. copy of a conviction from State Court on that charge. When we when he I have a Mr. Zetterberg: Mr. Chairman, I would like to call for the question. Mr. Chairman: We have a motion and a second to deny the application. Motion carried. 3 . New Application: A.N. 96-5: A request by Melissa Coggins for a liquor, beer & wine license to be used in connection with Krysta1 Palace Sports Club located at 2805 Wylds Road. There will be a dance hall. 3 Mr. Meyer: Is Ms. coggins present? MS. Coggins: Inaudible. I Mr. Meyer: Is there any objectors? would you please stand so you may be counted. There are 31 objectors. Mr. Chairman, the License/Inspectors Department has determined that the location does meet the requirements of the ordinance and all stipulations of the ordinance have been met but with one exception. Tentatively, the Fire Department has a problem with the application. If approved we will not issue the license until the Fire Department signs off. The Day Care Center is located 501 feet by the method of measuring in the County Ordinance from this location and the contention is that this is a school and not day care. This position needs to be discussed and resolved. Mr. Todd: Mr. Chairman, is this the property line to property line? How were you measuring? Mr. Meyer: No, sir. That was from the front door of the establishment to the nearest travel artery then down that artery to the property line of the school, church or whatever. It is 501 feet. Mr. Chairman, what the ordinance says is the distances from churches, schools, etc. The ordinance says: The schools or colleges referred to herein shall included only such state, county, city, church or other schools that teach the subjects commonly taught in the common schools and colleges in this state and shall not include private schools or colleges within which only specialized subjects, such as law, stenography, business, music, art, medicine, dentistry, vocational occupations and other special subjects are taught. And I reckon the questions is, does this day care, which I understand does have a pre-kindergarten school program, qualify as a school under this definition? I Mr. Zet terberg: questions. What are that? I'd like to ask Ms. the hours of operation? Coggins a couple of Have you determined MS. coggins: I have not. Mr. Zetterberg: name? You are currently operating under another Ms. coggins: No. Mr. zetterberg: Had you operated before. Ms. Coggins: name. We have operated before but under a different Mr. zetterberg: What was that name? I 4 I I I MS. Coggins: Rascals. Mr. zetterberg: Where were you located? Ms. Coggins: North Leg. Mr. Zetterberg: What were the hours of operations on North Leg? Ms. Coggins: 7:30 p.m. until 11:00 or 12:00 depending on the last people. Mr. Zetterberg: How many customers did you generally have on a weekend night: Ms. coggins: About 100 to 150. Mr. Zetterberg: Where are the people going to park? Do you have enough parking space now? The reason I am aSking is that I drove over to Wylds Road and looked at the situation, neighborhood, the other business, and the facility that you are going to move to. And my serious concern is two fold. One, where are you going to park the numbers of people because you have very limited parking now. Mr. Edwards: I am Kenneth Edwards, Ms. Coggins' father. The parking lot adjacent to the building is unified parking for both buildings. Waccamaw was given an easement for sewer lines and they in turn gave a cut through so it is unified parking for all parking places. There is about 600 parking places in the unified parking. Mr. zetterberg: And those are available to you? Mr. Todd: Is there a spokesman for the objectors? Ms. Theresa Statler: My name is Theresa Statler and I live at 1618 wylds Road in Augusta, and I am representing the Forest Estates Neighborhood Association which I am president/Vice President. We are in opposition to the issuance of alcohol license to this business because of its proximity to the main thoroughfare in our neighborhood. This business will bring to our well established neighborhood of over 30 years vandalism, littering, crime and an increase in traffic in an already too busy road. This section of wylds Road has had six serious accidents in the past four years. Done of the people had been consuming alcoholic beverages. We believe that if traffic is increased by people under the influence of alcohol the traffic accidents will increase, so will the seriousness of injuries and property damage. Neighborhoods such as Forest Estate are few or far between. We would like to maintain our security and unity when neighborhoods are falling into crime. We are also concerned with the property values and we do not want to see our property values decreased 5 because of a night club or bar so close. our request and think if you would want your home as it will be to ours. We ask that you consider a night club as close to I Mr. zetterberg: I would like to make a motion that we disapprove the license request based upon the problem with traffic in area, it proximity to a residential neighborhood. Mr. Todd: I second that motion with an understanding also because of the proximity to the day care/school. Mr. Kuhlke: I am abstaining from this conversation and also will abstain from the vote. Mr. Chairman: Is there another spokesperson with any different information other than what she has brought forward? Ms. Rose Curley: I am Rose Curley. I am the director of Creative Day School which is located 501 feet away from this business. Our main concern is the influence on the children who come by there even though they are operating after the hours that we close. They are very observant. We do house a public school pre-K program. I have a letter from the State of Georgia which states that we do have two classrooms of pre-K which does qualify us for the factor of being under the O.E. 's rules and regulations. Fortunately, all my parents could not show up this afternoon I because they do work. I have 92 of 164 signatures that I brought in that are opposing this. The long term affect on my school could be hurt because we do maintain a very good reputation in the community and hope to continue. The vandalism in the last three or four years has been reduced greatly because of the fact that the County is there watching over and maintaining our street. I feel that bringing this into the community is going to bring back the broken windows that I have to explain to my three and four years old in the morning. I think not only do we need to consider the traffic, you need to consider our children. If we want to say no to drugs, this is were you need to take a stand and say no. Mr. Chairman: Do you have a copy of the petition? Inaudible. Mr. Clark: My name is Robert Clark, 2482 McDowell Street, Augusta, GA. My partner and I own the property adjacent to the one in conversation. We don't feel like that he can use that parking lot that he has insinuated that he could. Mr. McMillian: I am Mike McMillian of Spectrum Realty Advisors, 5871 Glenridge Drive. Suite 400, Atlanta, GA 30328. I represent J. E. Roberts who owns the Waccamaw building. I am not one hundred percent sure about the lease, but I do know that there are some restrictions allowing parking into that lot. I can I 6 I I I confirm that. But I also want to state on record that we are reducing the size of Waccamaw and redeveloping that whole building. We have several national retailers looking to come to Augusta who is looking at space and who will be turning away or not elect to go there in the case a bar or night club is located that close to the building. I can get more information regarding the parking if you need it. Ms. Coggins: I would like to say that this building has had a liquor license before and it will be the same type establishment. It will be a workout place. It will have tanning booths. The only thing we will add is a sports pub. I t will not increase any drinking. They did have alcohol in there before. I just wanted to let everyone know that there was an alcohol license before and it did not hurt anything. Mr. Holmes: My name is John Holmes of 2803 wylds Road. I have a business on adjoining property to this area where they want to put this club. I have been in business for 24 years in Augusta and just about six years at that location. One health club was there prior. Whenever they had a function at night they would park their cars in my parking lot. I have a spa company there where I sell spas. I do have a lighted showroom. I have people who come in my parking lot who browse and look at the spas at night. I feel that there will be a problem when they park in my parking lot because the families who stop by looking at my showroom will encounter people walking back and forth from the bar. This will cause me to have a decrease in revenue, and I feel I will have to hire someone in the mornings to pick up beer cans, etc. If you could do anything for this I would appreciate it. Mr. Todd: Ms. coggins commented that there was an alcohol license at this location before. If I recall correctly that license was a health spa and it was for wine. I just wanted to clear this up for some of those who were not around at that time. Also, the last business that was there did not have a alcohol beverage license. Mr. Chairman: There is a motion and second for denial. The vote is three in favor of denial and one abstention. Mr. Chairman: We need to move to the related item. Mr. Meyer: Item 8. Discussion: Coggins for a Game Room & Sports Club connection with Krystal Palace located at A request for Melissa license to be used in 2850 wylds Road. Mr. Chairman: will this be a withdrawal. Mr. Meyer: Yes, they are not interested without the alcohol. Mr. Todd: I so move to deny this request. 7 Mr. Zetterberg: Second. Motion carried. 9. Discuss: A request by Ronnie Brown for a Game Room license to be used in connection with Harambee Lounge & Game Room located at 2546 Deans Bridge Road. Mr. Todd: I move we deny. Mr. Kuh1ke: Second. Motion carried. 4. New Ownership Application: A.N. 96-6: A request by william Keith Ashely for a consumption on premises liquor, beer & wine license to be used in connection with Holiday Inn located at 1075 Stevens Creek Road. There will be a dance hall and Sunday sales. Mr. Meyer: Is the applicant present? Mr. Ashely: william Keith Ashely, 50 Mulberry Drive, Augusta, GA. Mr. Meyer: application meets wine regulations. Mr. Chairman, this is a new ownership. The all the requirements of County liquor, beer and Mr. Todd: I so move we approve. Mr. Zetterberg: Second. Motion carried unanimously. 5. Transfer Application: A.T. 96-7: A request by Glenn Francis Sibley to transfer the consumption on premises liquor, beer & wine license used in connection with Fat Tuesday Restaurant located at 2820 washington Road. There will be Sunday sales. Formerly in the name of Andrew P. Bodyk. Mr. Sibley: Glen Sibley, 1907 Berkman Road. Mr. Zetterberg: So move. Mr. Todd: Second. Motion carried unanimously. 6 . Transfer Application: A.T. 96-8: A request by Matt Harris to transfer the consumption on premises liquor, beer & wine license used in connection with Holiday Inn located at 2155 8 I I 'I I I I Gordon Hwy. There will be Sunday sales. Formerly in the name of Jim Ricci. Mr. Harris: Matt Harris, 2755 Gordon Highway. Mr. Todd: I so move. Mr. Kuhlke: Second. Motion carried unanimously, 7. Transfer Application: A. T. 96-9: A request by Thomas Edward Hodges, Sr. to transfer the consumption on premises liquor, beer & wine license used in connection with Augusta Elks Lodge #205. There will be a dance hall. Formerly in the name of william H. Berry, Jr. Mr. Meyer: Mr. Chairman, this is a transfer and everything else remains the same and it does meet the requirements of the ordinance. The applicant is present. Mr. Hodges: Thomas E. Hodges, Sr., 2542 Milledgeville Road, Augusta, GA. Mr. Kuhlke: I move to approve. Mr. Todd: Second Motion carried unanimously. Mr. Chairman: agenda. Mr. Meyer, brought before this I think this concludes the items we had on the do you or Mr. Turnage have anything else to be Committee. Mr. Meyer: No. Mr. Chairman: Does anyone else from the Committee have anything else to say. Mr. Todd: As a suggestion, perhaps we can handle the criminal backgrounds by receiving it in writing versus airing it out publicly, If the media would like a copy, I think it could be made available to them and I move that we adjourn. Nancy Morawski Deputy Clerk of Commission-Council mrk 1I.:\pub-aer.220 9