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HomeMy WebLinkAbout09-10-1996 Meeting I I I PUBLIC SERVICES COMMITTEE COMMITTEE ROOM - September 10, 1996 4:00 P. M. PRESENT: Hons. Mays, Chairman; Kuh1ke, Vice-Chairman; Todd, member; Charles Dillard, Interim Administrator for Operations; Linda Beazley, Interim Administrator for Administration; Miller Meyer, License & Inspections Director; Larry Harris of the License & Inspections Department; Steve Atha, Manager, Bush Field Airport; Jim Wall, Attorney; Stoney Turnage of the Sheriff's Department; Lena Bonner, Clerk of Commission-Council and Nancy Morawski, Deputy Clerk of Commission-Council. ABSENT: Hon. Zetterberg, member and sconyers, Mayor. The Clerk: We have a request for one addendum. It is discussion of the Johnny Glasker request to add Sunday sales to his consumption on premises liquor, beer and wine license used in connection with Johnny's Supper Club, 1669 Olive Road. Mr. Todd: I move we add it by unanimous consent. Mr. Kuhlke: I second. Motion adopted unanimously. Communication from the Airport Director requesting approval of the low bid of R. B. Wright Construction Co. in the amount of $378,727.00 for the construction of FAR 107.14 Security System Command Center Offices. 90% of the total cost will be paid by the Federal Aviation Administration, was read. Mr. Todd: I so move to get it on the floor. Mr. Kuhlke: Second. Motion adopted unanimously. A request by Miriam B. Cummings for a consumption on premises liquor, beer & wine license to be used in connection with Cardinal Sport Bar located at 2900 Deans Bridge Road. There will be Sunday sales and dance hall. District 2. Super District 9, was read. Ms. Cummings: I'm Miriam Cummings of 3942 Crest Drive, Hephzibah, Georgia. Mr. Meyer: There are no objectors. The name will be changed to Cardinal Restaurant and Sports Bar. The applicant meets the requirements of the ordinance and the application is in order. We have a copy of the menu for the restaurant and the kitchen and seating areas are still being renovated and the seating will be installed when that is completed. The Fire Department has also approved it. The Sheriff's Department wanted to address it. Mr. Turnage: I don't have a problem with the alcohol license there. I'm more concerned about the Sunday sales I portion. We initially got this application for the Cardinal Sports Bar, a game room and and dance hall. Under those circumstances, I don't see where that fits the criteria of a bona fide eating establishment as required by State law in order to receive Sunday sales. Mr. Todd: Was there an amendment to the application for Sunday sales? Mr. Harris: The application should have said restaurant as well as game room because there is food service and that's why we made an addition of a notarized letter to state that the name would be changed. They will be a full-service restaurant and will seat 40 people. The menu contains entrees plus many other items. They are buying prepared food from a wholesale food dealer using an industrial microwave and a steamer to prepare the food. They have a big freezer and the Fire Department advised them how to set up in order to do what they need to do. Mr. Wall: The Ordinance states that "an eating establish- ment shall mean an establishment which is licensed to sell alcoholic beverages for consumption on the premises and which derives at least 50% of its total annual gross food and beverage sales from the sale of prepared meals or food and shall further I mean a restaurant meeting criteria for license eligibility provided in Section 152." This is the definition of a restaurant. "For an eating establishment to be eligible to sell it must be a public place kept, used, maintained, advertised and held out to the public as a place where substantial meals are served and where substantial meals are actually and regularly served, such place being provided with adequate and sanitary kitchen and dining room equipment and a seating capacity of at least 40 people having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable meals for its guests as a bona fide eating establishment operation. The serving of such meals shall be the prinicpal business conducted with the serving of distilled spirits to be consumed on the premises as only incidental thereto. The Director of License & Inspection, upon receiving an application, shall inspect the restaurant to determine if the applicant is in compliance with the above requirements for a restaurant and shall advise the Commission-Council the determination of his or her inspection." Mr. Chairman: I heard more about the preparation of food. I didn't hear where it was to be prepared or by what means. I think if we want to change this in some way to be more specific then we would have to consider doing that. Mr. Kuhlke: Have you been out there lately, Mr. Turnage? Mr. Turnage: No, sir. I I I I Mr. Kuh1ke: perhaps it would be best to give you a chance to go out and recheck this establishment. After further discussion of the matter, Mr. Todd: I move that we take no action on this and refer it to the full Commission and give Mr. Turnage time to revisit and our staff to make sure we're doing the right thing. Mr. Kuhlke: I'll second the motion. Mr. Harris: They did another application other than the one you have which did list this as a restaurant. Mr. Todd: I'd request that the staff supply the correct application. Mr. Chairman: in that the law has with it. For the record for what we've got on law and been correctly read to me, I have no problem Motion adopted with the Chairman voting "No". A request by Carl J. Palumbo for a consumption on premises liquor, beer & wine license to be used in connection with Firehouse No.1 located at 1145 Broad Street. District 1. Super District 9, was read. Mr. Palumbo: My name is Carl Palumbo and I live at 181 Blake Drive, Augusta. Mr. Meyer: This application is in order. Mr. Chairman: Any objectors for the record? None noted. Mr. Kuhlke: I move approval. Mr. Todd: Second. Motion adopted unanimously. A request by Frances W. Rhodes for a consumption on premises beer & wine license to be used in connection with Squeaky's Tip Top Lounge located at 2596 Central Avenue, was read. Ms. Rhodes: I'm Frances W. Rhodes and I live at 1057 Katherine Street in Augusta. Mr. Meyer: This application is in order. Mr. Todd: I so move we approve. Mr. Kuhlke: I second. Mr. Chairman: Any objectors? None noted. I Motion adopted unanimously. The Clerk: The next item is the addendum item for discussion for Johnny's Supper Club for Sunday sales. Mr. Todd: We don't have an application before us and we have had debate within the last 12 months from various religious leaders who were opposed to issuing a license at this location. I thought at that time we agreed not to issue a Sunday sales permit. Mr. Kuhlke: I thought that there was discussion that there would not be a license issued for this for Sunday sales. Perhaps Mrs. Bonner could check the minutes to see if that statement was made. Mr. Wall: This was voted on in December of 1995 and it was approved with no Sunday sales. The Code says you cannot come back after it's been denied for a period of one year. I think he would have to wait until after December of 1996 before you can consider it anyway. Mr. Glasker: I was supposed to have an extension on the 1995 license. I After further discussion of the matter, Mr. Kuhlke: I would like to receive this as information and let Mr. Glasker come back to us at the appropriate time, which would be December of this year, and ask for a Sunday sales. Mr. Todd: I'll second that. Motion adopted unanimously. Mr. Wall: I have one thing I want some direction on. At the last Commission meeting the Fenimore matter came up. Since then Mr. Batson has written me a letter and apparently he did attempt to contact individuals about the date of the hearing. I have questioned the people who were involved as to whether or not Jack Batson was in the room at the time that it was announced that it would be continued to the first meeting in September and apparently, neither Jack nor Mr. Fenimore were in the hearing room. I did specifically tell him it was to be the first meeting in september. He does not really dispute that but says that he was expecting a time certain as to when he was supposed to come. He obviously knew it was going to be the first week in September because he made a lot of calls to find out about it. Mrs. King I called in response to an inquiry, left word but nobody ever called her back. He's asking to come before the Commission and I'm asking for direction. I I I Mr. Chairman: I looked at the dates on the hand delivered letter and the date of response. Whether it was clear to him or not from the writing procedure, I don't know. I think that you probably need to communicate in writing as far as setting a date that you both can agree on and then place it on the agenda. Mr. Kuhlke: I think you probably need to move in that direction. Mr. Wall: Thank you. ADJOURNMENT: There being no further business, the meeting was adjourned. Lena J. Bonner Clerk of Commission-Council NWM