HomeMy WebLinkAbout2009-01-28-Meeting Agenda
Public Service Committee Meeting Committee Room- 1/28/2009- 12:30 PM
PUBLIC SERVICES
1. New Ownership Application: A. N. 09 - 59: A request by Bradley Usry
for an on premise consumption Beer & Wine license to be used in
connection with Fat man's Riverfront Cafe located at #1 Seventh St. There
will be Sunday Sales. District 1. Super District 9.
Attachments
2. New Ownership Application: A. N. 09 - 60: A request by Teresa Y.
Cummings for an on premise consumption Beer & Wine license to be used
in connection with Super C. Restaurant located at 2746 Tobacco Rd. There
will be Sunday Sales. District 4. Super District 9.
Attachments
3. New Ownership Application: A. N. 09 - 61: A request by Sandra Gould for
an on premise consumption Liquor, Beer & Wine license to be used in
connection with DG & SG, LLC DBA Malibu Jack's located at 231 Fury's
Ferry Rd. There will be Sunday Sales. District 7. Super District 10.
Attachments
4. Transfer Application: A. T. 09 - 01: A request by Scott Levine to transfer
the on premise consumption Liquor, Beer & Wine license used in
connection with The Playground located at 873 Broad St. to the new
location of 973 Broad St. There will be Dance. District 1. Super District 9.
Attachments
5. New Ownership Application: A. N. 09 - 63: A request by David C. David
for an on premise consumption Liquor, Beer & Wine license to be used in
connection with Omakase Japanese Sushi & Grill located at 3025
Washington Rd. There will be Sunday Sales. District 7. Super District 10.
Attachments
6. New Ownership Application: A. N. 09 - 62: A request by Catherine
Walker for an on premise consumption Beer license to be used in
connection Barrister of Augusta located at 1500 Comfort Rd. There will be
Sunday Sales. District 3. Super District 10.
Attachments
7. New Application: A. N. 09 - 64: A request by Darren Alston for an on
premise consumption Beer license to be used in connection with Philly
Cheese Steak Factory located at 2906 Peach Orchard Rd. There will be
Sunday Sales. District 6. Super District 10.
Attachments
8. Discussion: A request by Robert Prescott III of the Finish Line Cafe
located at 3960 Wrightsboro Rd to reinstate the Sunday Sales license for
this establishment. There will be Sunday Sales. District 3. Super District
Attachments
www.augustaga.gov
10.
9. Motion to approve an Ordinance to amend the Augusta, Ga. Code Article
Three Section 3-1-1 relating to "Curfew for Minors" so as to establish
provisions for business tax certificate applicants for teen social clubs to
comply with the regulations set forth in the "Dance Hall" Ordinance.
(Referred from January 12 Public Services)
Attachments
10. Motion to approve an Ordinance to amend the Augusta, Ga. Code Title
Six Article Three Section 6-6-43 so as to require applicants to
receive Augusta-Richmond County Commission's consent to operate; to
repeal all code sections and ordinances and parts of code sections and
ordinances in conflict herewith; to provide an effective date and for other
purposes. (Referred from January 12 Public Services)
Attachments
11. Motion to approve an Ordinance to amend the Augusta, Georgia Code
Article Two Section 2-1-38 so as to establish additional conditions for
suspension of a business tax certificate; to repeal all ordinance and parts of
ordinances in conflict herewith; to provide an effective date and for other
purposes. (Referred from January 12 Public Services)
Attachments
12. Motion to approve an Ordinance to amend the Augusta, Ga. Code Article
Six Section 6-2-74 to establish provisions for the suspension of a license
for alcoholic beverages; to repeal all ordinances and parts of ordinances in
conflict herewith; to provide for an effective date and for other purposes.
(Referred from January 12 Public Services)
Attachments
13. Approve a request for the Commission to appoint the following individuals
to serve on the Construction Advisory Board for a four-year term: Mr.
Sean D’Antignac, Electrical Contractor; Mr. Larry Jones, Master
Plumber (Re-appointment).
Attachments
14. Approve forfeiture of Surety Bond for Mr. Mark Dillinger, d/b/a Mark’s
Remodeling/ Construction.
Attachments
15. Consider a request from the Pendleton King Park Foundation regarding
approval of the Pendleton King Park Master Plan.
Attachments
16. Motion to approve an increase in Richmond Transit (Rural Van Service)
fares.
Attachments
17. Update from the Sheriff's Office regarding the Club Platinum. (Requested
by Commissioner Bowles)
Attachments
Public Service Committee Meeting
1/28/2009 12:30 PM
Alcohol Application
Department:License & Inspections
Caption:New Ownership Application: A. N. 09 - 59: A request by Bradley Usry for
an on premise consumption Beer & Wine license to be used in connection
with Fat man's Riverfront Cafe located at #1 Seventh St. There will be
Sunday Sales. District 1. Super District 9.
Background:Mr. Usry has had a license at this location before.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $2420.00
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 1
Attachment number 1
Page 1 of 2
Item # 1
Attachment number 1
Page 2 of 2
Item # 1
Public Service Committee Meeting
1/28/2009 12:30 PM
Alcohol Application
Department:License & Inspections
Caption:New Ownership Application: A. N. 09 - 60: A request by Teresa Y.
Cummings for an on premise consumption Beer & Wine license to be used
in connection with Super C. Restaurant located at 2746 Tobacco Rd. There
will be Sunday Sales. District 4. Super District 9.
Background:This location had its license revoked in the former owners name.
Analysis:
Financial Impact:The applicant will pay a fee of $2420.00
Alternatives:
Recommendation:License & Inspection has no recommendation. The RCSD has no
recommendation.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 2
Attachment number 1
Page 1 of 2
Item # 2
Attachment number 1
Page 2 of 2
Item # 2
Public Service Committee Meeting
1/28/2009 12:30 PM
Alcohol Application
Department:License & Inspections
Caption:New Ownership Application: A. N. 09 - 61: A request by Sandra Gould for
an on premise consumption Liquor, Beer & Wine license to be used in
connection with DG & SG, LLC DBA Malibu Jack's located at 231 Fury's
Ferry Rd. There will be Sunday Sales. District 7. Super District 10.
Background:This is a new ownership application. Formerly in the name of Permila
Clifton.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $5445.00
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 3
Attachment number 1
Page 1 of 2
Item # 3
Attachment number 1
Page 2 of 2
Item # 3
Attachment number 2
Page 1 of 2
Item # 3
Attachment number 2
Page 2 of 2
Item # 3
Public Service Committee Meeting
1/28/2009 12:30 PM
Alcohol Application
Department:License & Inspections
Caption:Transfer Application: A. T. 09 - 01: A request by Scott Levine to transfer
the on premise consumption Liquor, Beer & Wine license used in
connection with The Playground located at 873 Broad St. to the new
location of 973 Broad St. There will be Dance. District 1. Super District 9.
Background:The applicant holds a current Alcohol license.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $4345.00
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 4
Attachment number 1
Page 1 of 2
Item # 4
Attachment number 1
Page 2 of 2
Item # 4
Public Service Committee Meeting
1/28/2009 12:30 PM
Alcohol Application
Department:License & Inspections
Caption:New Ownership Application: A. N. 09 - 63: A request by David C. David
for an on premise consumption Liquor, Beer & Wine license to be used in
connection with Omakase Japanese Sushi & Grill located at 3025
Washington Rd. There will be Sunday Sales. District 7. Super District 10.
Background:This is a new ownership application. Formerly Sapparo's Japanese
Restaurant.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $5445.00
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 5
Attachment number 1
Page 1 of 2
Item # 5
Attachment number 1
Page 2 of 2
Item # 5
Public Service Committee Meeting
1/28/2009 12:30 PM
Alcohol Application
Department:License & Inspections
Caption:New Ownership Application: A. N. 09 - 62: A request by Catherine Walker
for an on premise consumption Beer license to be used in connection
Barrister of Augusta located at 1500 Comfort Rd. There will be Sunday
Sales. District 3. Super District 10.
Background:This is a new ownership application. Formerly in the name of Brad Usry.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $2420.00
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 6
Attachment number 1
Page 1 of 2
Item # 6
Attachment number 1
Page 2 of 2
Item # 6
Public Service Committee Meeting
1/28/2009 12:30 PM
Alcohol Application
Department:
Caption:New Application: A. N. 09 - 64: A request by Darren Alston for an on
premise consumption Beer license to be used in connection with Philly
Cheese Steak Factory located at 2906 Peach Orchard Rd. There will be
Sunday Sales. District 6. Super District 10.
Background:This is a new application.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $1810.00.
Alternatives:
Recommendation:License & Inspection recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 7
Attachment number 1
Page 1 of 2
Item # 7
Attachment number 1
Page 2 of 2
Item # 7
Public Service Committee Meeting
1/28/2009 12:30 PM
Alcohol Application
Department:License & Inspections
Caption:Discussion: A request by Robert Prescott III of the Finish Line Cafe located
at 3960 Wrightsboro Rd to reinstate the Sunday Sales license for this
establishment. There will be Sunday Sales. District 3. Super District 10.
Background:This location voluntarily gave up their Sunday Sales license after being
audited and there percentages did not meet code.
Analysis:The applicant doe not meet the requirements of the Augusta Richmond
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $1210.00
Alternatives:
Recommendation:License & Inspection recommends following Augusta Richmond County
Code.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 8
Attachment number 1
Page 1 of 1
Item # 8
Public Service Committee Meeting
1/28/2009 12:30 PM
AN ORDINANCE TO AMEND THE AUGUSTA, GA. CODE RELATING TO CURFEW FOR MINORS SO AS TO
ESTABLISH PROVISIONS FOR APPLICANTS TO ACQUIRE AUGUSTA- RICHMOND COUNTY
COMMISSION'S CONSENT PRIOR TO AN ISSUANCE OF A BUSINESS TAX CERTIFICATE
Department:Commissioner Jerry Brigham, Commissioner Joe Bowles and Commissioner
Don Grantham
Caption:Motion to approve an Ordinance to amend the Augusta, Ga. Code Article
Three Section 3-1-1 relating to "Curfew for Minors" so as to establish
provisions for business tax certificate applicants for teen social clubs to
comply with the regulations set forth in the "Dance Hall" Ordinance.
(Referred from January 12 Public Services)
Background:“Entertainment and Social Activities” by definition within the “Curfew for
Minors” ordinance meets the standard of a dance hall as set forth in the
Augusta-Richmond County “Dance Hall Ordinance.” The Honorable Jerry
Brigham, Don Grantham, and Joe Bowles, Commissioners, recommend that
applicants for teen social clubs and/or teen dance clubs in Augusta-
Richmond County comply with the Augusta, Ga. Code §6-6-43 by requiring
the consent of Augusta-Richmond County Commission prior to a business
tax certificate being issued.
Analysis:This Ordinance would amend the AUGUSTA, GA. CODE Article 3 as set
forth in Ordinance No. 7042, enacted April 15, 2008, is hereby amended by
adding subsection 3-1-9 as set forth in “Exhibit A” hereto.
Financial Impact:No immediate financial impact is anticipated.
Alternatives:Alternatives include not amending the Code or approving only some of the
modifications suggested by the proposed ordinance.
Recommendation:Approve this ordinance.
Funds are Available in
the Following
Accounts:
Not applicable.
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 9
AN ORDINANCE
BY THE HONORABLE JERRY BRIGHAM,
DON GRANTHAM AND JOE BOWLES, COMMISSIONERS;
AUGUSTA-RICHMOND COUNTY, GEORGIA
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA, GA. CODE, TITLE THREE,
CHAPTER ONE “CURFEW FOR MINORS” SO AS TO ESTABLISH
PROVISONS REQUIRING APPLICANTS FOR TEEN SOCIAL CLUB
BUSINESS TAX CERTIFICATES TO COMPLY WITH THE AUGUSTA-
RICHMOND COUNTY, GEORGIA “DANCE HALL” ORDINANCE CODIFIED
IN AUGUSTA, GA. CODE §6-6-43; TO CREATE A NEW CODE SECTION
KNOWN AS “SECTION 3-1-9”; TO REPEAL ALL ORDINANCES AND PARTS
OF ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE
DATE AND FOR OTHER PURPOSES.
WHEREAS, Augusta-Richmond County, Georgia is a home rule governing authority
pursuant to the Georgia Constitution, Art. 9 §2, ¶1 which exercises the authority “to
adopt clearly reasonable ordinances… relating to its property, affairs, and local
government…”
WHEREAS, The Augusta-Richmond County Commission has the authority under
general law to regulate business tax certificates and to provide for the punishment of
violations of the same pursuant to O.C.G.A. §48-13-6;
WHEREAS, Augusta-Richmond County Commission deems it necessary to regulate
business tax certificates issued to dance halls in order promote the health, moral interests,
and public safety of its community and citizens;
WHEREAS, the “Entertainment and Social Activities” definition within the AUGUSTA,
GA. CODE §3-1-1 et al., “Curfew for Minors” Ordinance, meets the standards of a dance
hall as set forth in AUGUSTA, GA. CODE §6-6-43 also known as the “Dance Hall”
Ordinance;
WHEREAS, based upon the increase of reports of fighting and other illicit crimes at
dance halls within Augusta-Richmond County, Georgia from the Augusta-Richmond
County Licensing and Inspection and Richmond County Sheriff’s Departments, the
Augusta-Richmond County Commission finds that teen social clubs are a public
nuisance;
WHEREAS, The Augusta-Richmond County Commission finds that such nuisances and
other illicit behavior negatively affects the public health, safety, morals and general
Attachment number 1
Page 1 of 4
Item # 9
welfare of Augusta-Richmond County, Georgia and negatively impacts its youth and
surrounding businesses;
WHEREAS, based on the foregoing, the Augusta-Richmond County Commission
recommends that business tax certificate applicants for teen social clubs obtain the
approval of Augusta-Richmond County Commission prior to a business tax certificate
being issued.
THE AUGUSTA-RICHMOND COUNTY COMMISSION ordains as follows:
SECTION 1. AUGUSTA, GA. CODE Title 3 Sections 3-1-1 through 3-1-8, as set forth in
Ordinance No. 5719 enacted October 4, 1993 and Ordinance No. 7042 enacted April 15,
2008, are hereby amended by adding Section 3-1-9 as set forth in “Exhibit A” hereto.
SECTION 2. This ordinance shall become effective upon its adoption in accordance
with applicable laws.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Adopted this ___ day of ___________, 2009.
___________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1
Page 2 of 4
Item # 9
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission
on_________________, 2009 and that such Ordinance has not been modified or
rescinded as of the date hereof and the undersigned further certifies that attached hereto is
a true copy of the Ordinance which was approved and adopted in the foregoing
meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
Attachment number 1
Page 3 of 4
Item # 9
Exhibit A
Add
Section 3-1-9. Commission approval.
The License and Inspection Department Director, or his/her designee will present the teen
social club applicants to Public Services Committee. The Committee shall have the right
to determine whether the applicant(s) or location for the proposed teen social clubl is
proper and appropriate and will make a recommendation to the full Board of
Commissioners for a vote. No person shall operate a dance hall within the limits of
Augusta-Richmond County without first receiving a favorable majority vote from the
Board of Commissioners.
Attachment number 1
Page 4 of 4
Item # 9
Public Service Committee Meeting
1/28/2009 12:30 PM
AN ORDINANCE TO AMEND THE AUGUSTA, GA. CODE RELATING TO THE DANCE HALL ORDINANCE SO AS
TO REQUIRE THE AUGUSTA-RICHMOND COUNTY COMMISSION'S CONSENT TO OPERATE WITHIN
AUGUSTA-RICHMOND COUNTY LIMITS
Department:Commissioner Jerry Brigham, Commissioner Joe Bowles and Commissioner
Don Grantham
Caption:Motion to approve an Ordinance to amend the Augusta, Ga. Code Title Six
Article Three Section 6-6-43 so as to require applicants to receive Augusta-
Richmond County Commission's consent to operate; to repeal all code sections
and ordinances and parts of code sections and ordinances in conflict herewith;
to provide an effective date and for other purposes. (Referred from January 12
Public Services)
Background:Augusta-Richmond County deems it necessary to regulate business tax
certificates issued to dance halls and to promote the health, moral interests, and
public safety of its community and citizens. The Honorable Jerry Brigham,
Don Grantham, and Joe Bowles, Commissioners, recommend that applicants for
business tax certificates for dance halls be required to obtain the approval and
consent of the Augusta-Richmond County Commission prior to a business tax
certificate being issued.
Analysis:This Ordinance would amend AUGUSTA, GA. CODE §6-6-43 by repealing it
in its entirety, and inserting in lieu thereof subsections (a) through (h) restated
as set forth in “Exhibit A” hereto. This ordinance more clearly sets forth
procedures for the approval of a dance hall business tax certificate.
Financial Impact:No immeidate financial impact is anticipated.
Alternatives:Alternatives include not modifiying the Code at this time, or approving only a
portion of the modifications at this time.
Recommendation:Approve the modifications to the proposed ordinance.
Funds are Available in
the Following Accounts:Not applicable.
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 10
AN ORDINANCE
BY THE HONORABLE JERRY BRIGHAM,
DON GRANTHAM AND JOE BOWLES, COMMISSIONERS;
AUGUSTA-RICHMOND COUNTY, GEORGIA
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA, GA. CODE, TITLE SIX, ARTICLE
THREE RELATING TO THE “DANCE HALL” ORDINANCE; TO REQUIRE
APPLICANTS TO RECEIVE THE CONSENT OF THE AUGUSTA-RICHMOND
COUNTY COMMISSION TO OPERATE WITHIN AUGUSTA-RICHMOND COUNTY;
TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, Augusta-Richmond County, Georgia is a home rule governing authority pursuant to
the Georgia Constitution, Art. 9 §2, ¶1 which exercises the authority “to adopt clearly reasonable
ordinances… relating to its property, affairs, and local government…”
WHEREAS, The Augusta-Richmond County Commission has the authority under general law to
regulate business tax certificates and to provide for the punishment of violations of the same
pursuant to O.C.G.A. §48-13-6;
WHEREAS, based upon the increase of reports of illicit crimes at dance halls within Augusta-
Richmond County, Georgia from the Augusta-Richmond County Licensing and Inspection and
Richmond County Sheriff’s Departments, the Augusta-Richmond County Commission finds that
dance halls could create environments which are public nuisances;
WHEREAS, The Augusta-Richmond County Commission finds that such nuisances and other
illicit behavior negatively affects the public health, safety, morals and general welfare of
Augusta-Richmond County, Georgia and negatively impacts its neighborhoods and businesses;
WHEREAS, Augusta-Richmond County Commission deems it necessary to regulate business
tax certificates issued to dance halls and to promote the public health, moral interests, and public
safety of its community and citizens;
WHEREAS, based on the foregoing, applicants for business tax certificates for dance halls must
acquire the approval of Augusta-Richmond County Commission prior to a business tax
certificate being issued.
THE AUGUSTA-RICHMOND COUNTY COMMISSION ORDAINS as follows:
Attachment number 1
Page 1 of 6
Item # 10
SECTION 1. AUGUSTA, GA. CODE Title Six, Article 3, Section 6-6-43 as set forth in Ordinance
No. 5906, enacted March 18, 1997, is hereby amended by repealing it in its entirety, and
inserting in lieu thereof subsections (a) through (h) as set forth in “Exhibit A” hereto.
SECTION 2. This ordinance shall become effective upon its adoption in accordance with
applicable laws.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Adopted this ___ day of ___________, 2009.
___________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1
Page 2 of 6
Item # 10
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission
on_________________, 2009 and that such Ordinance has not been modified or rescinded as of
the date hereof and the undersigned further certifies that attached hereto is a true copy of the
Ordinance which was approved and adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
Attachment number 1
Page 3 of 6
Item # 10
Repealed.
Sec. 6-6-43. Dance halls.
(a) Defined. Dance hall means a location where music, whether live or recorded, is played or
otherwise provided for the purpose of dancing by the patrons of the location, or where such
dancing is allowed or permitted.
(b) Business tax certificate required. Any person, firm or corporation who does business in
Augusta-Richmond County as a dance hall shall, before engaging in such business, obtain a
business tax certificate in accordance with the Augusta-Richmond County Code.
(c) Regulatory fee. Any person, firm or corporation who does business in Augusta-Richmond
County as a dance hall shall, before engaging in such business, pay such regulatory fee as is
provided in section 2-1-3(c) of the Augusta-Richmond County Code.
(d) Right of suspension by License & Inspection Department. The License & Inspection
Department shall have the right to suspend any business tax certificate issued under this chapter
whenever a person, firm or corporation doing business shall deviate from the normal operation
for which the business tax certificate was obtained or fails in performance to meet the required
regulations and code as set forth by the License & Inspection Department, sheriff's department or
health department; or violates any law or ordinance of the United States, or the state or Augusta-
Richmond County, in pursuance of such business conducted under such business tax certificate;
or when it shall be proven before the License & Inspection Department that there is a violation of
a nuisance law; or when the health, morals, interests and convenience of the public demand the
suspension of such business tax certificate. The License & Inspection Department shall report the
suspension of such business tax certificate to the next regular or called meeting of the
Commission; then the business tax certificate shall be suspended, placed on probation,
permanently revoked, or otherwise it shall be restored and remain in full force.
(e) Penalty for violation of article. All persons, firms or corporations failing to comply with the
mandatory provisions of this article or doing any act prohibited in this article shall be guilty of an
offense, and, upon trial as a misdemeanor and conviction, shall be punished by a fine in an
amount not to exceed one thousand dollars ($1,000.00) and/or imprisonment in the Augusta-
Richmond County jail for a period not in excess of sixty (60) days.
Sec. 6-6-43. Dance halls.
(a) Defined. Dance hall means a location where music, whether live or recorded, is played and/or
otherwise provided for the purpose of dancing by the patrons of the location, or where such
dancing is allowed or permitted.
Attachment number 1
Page 4 of 6
Item # 10
(b) Application. A written application to the Augusta-Richmond County Commission for a
license under this Ordinance shall be made on forms approved by the Augusta-Richmond County
Commission. All questions and information required by the application form should be filled in
and subscribed to by all applicants, under oath, and shall disclose among other information
whether the applicant has been convicted of any crime, misdemeanor or a violation of any
municipal ordinance (except minor traffic violations) in any state, county, municipal or federal
court, and the particulars of same; the prior business of applicant for the past ten (10) years;
names and addresses of three (3) persons who have known applicant for the past five (5) years;
whether the interest of applicant is total, partial, or exact extent of same, and, if partial, the
names and addresses of all others having a partial interest in said business and the extent of such
interest; and such other and further information as the Commission shall deem necessary.
(c) Inspection of application by license inspector; investigation by sheriff; provision of
information to license & inspection department upon request. An application under this
Ordinance shall be sworn to and directed to the Director of License & Inspection for Augusta-
Richmond County, who shall inspect the application and refer same to the Augusta-Richmond
County Sheriff, who shall investigate the character and reputation of the applicant, owners,
partners, officers of the corporation, shareholders, managers, employees, and others associated
with the application, and the suitability of the location for the dance hall.
(1) All applicants shall furnish all data, information and records requested of them by the
License & Inspection Department and/or the Augusta-Richmond County Sheriff's
Department, and failure to furnish such data, information and records within thirty (30)
days from the date of the request shall automatically serve to dismiss, with prejudice, the
application. Applicants, by filing an application, agree to produce for oral interrogation
any person or persons involved in any transaction pertinent to the application or any
evidence relevant to the application as may be requested by the Augusta-Richmond
County License & Inspection Department or the Augusta-Richmond County Sheriff's
Department. Failure to produce such evidence, person or persons within thirty (30) days
after being requested to do so shall result in the automatic dismissal of the application.
(d) Commission Approval. The License and Inspection Department Director, or his/her designee
will present the dance hall applicants to Public Services Committee. The Committee shall have
the right to determine whether the applicant or location for the proposed dance hall is proper and
appropriate and will make a recommendation to the full Board of Commissioners for a vote. No
person shall operate a dance hall within the limits of Augusta-Richmond County without first
receiving a favorable majority vote from the Board of Commissioners.
(e) Business tax certificate required. Any person, firm or corporation who does business in
Augusta-Richmond County as a dance hall shall, before engaging in such business, obtain a
business tax certificate in accordance with the Augusta-Richmond County Code.
(f) Regulatory fee. Any person, firm or corporation who does business in Augusta-Richmond
County as a dance hall shall, before engaging in such business, pay such regulatory fee as is
provided in section 2-1-3(c) of the Augusta-Richmond County Code.
Attachment number 1
Page 5 of 6
Item # 10
(g) Right of suspension by License & Inspection Department. The License & Inspection
Department shall have the right to suspend any business tax certificate issued under this chapter
whenever a person, firm or corporation doing business shall deviate from the normal operation
for which the business tax certificate was obtained or fails in performance to meet the required
regulations and code as set forth by the License & Inspection Department, Augusta-Richmond
County Sheriff's Department or Augusta-Richmond County Health Department; or violates any
law or ordinance of the United States, or the state or Augusta-Richmond County, in pursuance of
such business conducted under such business tax certificate; or when it shall be proven before
the License & Inspection Department that there is a violation of a nuisance law; or when the
health, morals, interests and convenience of the public demand the suspension of such business
tax certificate. The License & Inspection Department shall report the suspension of such business
tax certificate to the next regular or called meeting of the Commission. The Commission in shall
determine whether the certificate-holder will be suspended, placed on probation, permanently
revoked, or otherwise it shall be restored and remain in full force.
(h) Penalty for violation of article. All persons, firms or corporations failing to comply with the
mandatory provisions of this article or doing any act prohibited in this article shall be guilty of an
offense, and, upon trial as a misdemeanor and conviction, shall be punished by a fine in an
amount not to exceed one thousand dollars ($1,000.00) and/or imprisonment in the Augusta-
Richmond County jail for a period not in excess of sixty (60) days.
Attachment number 1
Page 6 of 6
Item # 10
Public Service Committee Meeting
1/28/2009 12:30 PM
AN ORDINANCE TO AMEND THE AUGUSTA, GA. CODE TO ESTABLISH ADDITIONAL CONDITIONS FOR
SUSPENSION OF A BUSINESS TAX CERTIFICATE
Department:Commissioner Jerry Brigham, Commissioner Joe Bowles and Commissioner
Don Grantham
Caption:Motion to approve an Ordinance to amend the Augusta, Georgia Code Article
Two Section 2-1-38 so as to establish additional conditions for suspension of a
business tax certificate; to repeal all ordinance and parts of ordinances in
conflict herewith; to provide an effective date and for other purposes. (Referred
from January 12 Public Services)
Background:The Licensing and Inspection Department finds that some businesses fail to
comply with the requirements set forth in the Augusta, Ga. Code. This behavior
can negatively affect the health, safety, and general welfare of Augusta-
Richmond County citizens in the area, and negatively affect surrounding
businesses. Augusta-Richmond County desires to protect its citizens and to
promote successful business practices for Augusta-Richmond County business
tax certificate holders. The Honorable Jerry Brigham, Don Grantham, and Joe
Bowles, Commissioners, recommend establishing provisions for probation and
suspension of a business tax certificate.
Analysis:This Ordinance would amend AUGUSTA, GA. CODE §2-1-38 by repealing it
in its entirety, and inserting in lieu thereof subsections (a) through (g) restated
as set forth in “Exhibit A” hereto. This ordinance more clearly sets forth
procedures for suspension of a tax certificate.
Financial Impact:No immdiate financial impact is anticipated.
Alternatives:An alternative is to not amend the Ordinance at this time or implementing only
some of the modifications suggested by the proposed ordinance.
Recommendation:Approve the proposed ordinance.
Funds are Available in
the Following Accounts:Not applicable
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 11
AN ORDINANCE
BY THE HONORABLE JERRY BRIGHAM,
DON GRANTHAM AND JOE BOWLES, COMMISSIONERS;
AUGUSTA-RICHMOND COUNTY, GEORGIA
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA, GA. CODE, TITLE TWO, ARTICLE
TWO, SECTION THIRTY-EIGHT, ENTITLED THE “RIGHT TO DENY, SUSPEND OR
REVOKE A BUSINESS TAX CERTIFICATE”; SO AS TO ESTABLISH ADDITIONAL
CONDITIONS FOR THE SUSPENSION OF A BUSINESS TAX CERTIFICATE; TO
REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, Augusta-Richmond County, Georgia is a home rule municipality pursuant to the
Georgia Constitution, Art. 9 §2, ¶1 which exercises the authority “to adopt clearly reasonable
ordinances… relating to its property, affairs, and local government…”
WHEREAS, The Augusta-Richmond County Commission has the authority under general law to
levy an occupational tax on businesses, to issue business tax certificates, to classify businesses
and practitioners of professions and occupations, to assess different taxes on different classes of
businesses and practitioners, and to provide for the punishment of violations the same pursuant
to O.C.G.A. §48-13-6;
WHEREAS, based upon reports and investigations by the Licensing and Inspection Department,
the Augusta-Richmond County Commission finds that businesses that fail to comply with the
business tax certificate requirements set forth in the AUGUSTA, GA. CODE create public nuisances
and illicit crimes;
WHEREAS, The Augusta-Richmond County Commission finds that such nuisances and other
illicit behavior negatively affects the public health, safety, morals and general welfare of
Augusta-Richmond County, Georgia and negatively impact businesses that are compliant with
the AUGUSTA, GA. CODE;
WHEREAS, The Augusta-Richmond County Commission desires to protect its citizenry and
regulate taxes imposed on Augusta-Richmond County business tax certificate holders;
WHEREAS, based on the foregoing, Augusta-Richmond County establishes provisions for
probation and suspension of a business tax certificate.
THE AUGUSTA-RICHMOND COUNTY COMMISSION ORDAINS as follows:
Attachment number 1
Page 1 of 7
Item # 11
2
SECTION 1. AUGUSTA, GA. CODE Section 2-1-38, enacted September 2, 1997 and readopted
on July 10, 2007, is hereby amended by repealing it in its entirety, and inserting in lieu thereof
subsections (a) through (g) restated as set forth in “Exhibit A” hereto.
SECTION 2. This ordinance shall become effective upon its adoption in accordance with
applicable laws.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Adopted this ___ day of ___________, 2009.
___________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1
Page 2 of 7
Item # 11
3
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission
on_________________, 2009 and that such Ordinance has not been modified or rescinded as of
the date hereof and the undersigned further certifies that attached hereto is a true copy of the
Ordinance which was approved and adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
Attachment number 1
Page 3 of 7
Item # 11
4
Repealed.
Sec. 2-1-38. Right to deny, suspend, or revoke a business tax certificate.
(a) A Business Tax Certificate under this Chapter may be denied, suspended, or revoked if one
(1) or more of the following exists:
(1) The applicant or holder of the certificate has failed to obtain any paper or documents
necessary in pursuance of its business as may be required by any office, agency or department of
the county, state, or the United States under authority of any law, ordinance or resolution of the
county, state or United States.
(2) The applicant or holder of the certificate has supplied false information to the supervisor of
the business license office.
(3) The applicant or holder of the certificate intends to violate or has violated any federal or state
law, or local ordinance or any ordinance or resolution regulating such business or intends to
violate any regulation made pursuant to authority granted for the purpose of regulating such
business.
(4) The applicant or holder of the certificate has failed to pay any fee required under this chapter,
has failed to make a return or pay a tax due to the tax commissioner, or has otherwise failed to
comply with the provisions of this chapter.
(5) The applicant or holder of the certificate during the twelve (12) months next preceding has
engaged in misrepresentation of facts, whether through advertisement or through any form of
direct communication, oral or written, which is intended to mislead the public or any party with
whom the holder of the certificate deals in pursuance of the registered business. The term
misrepresentation of fact as used herein shall embrace not only express misrepresentations, but
also misrepresentations arising by virtue of the conduct of the holder of this certificate, including
acts of omissions. By way of illustration only, and without limiting the scope of this subsection,
due cause as herein defined shall consist of any act or practice designated as unlawful in sections
393(b)(1) through (b)(29) of the Fair Business Practices Act found in O.C.G.A. § 10-1-390 et
seq.
(b) Anything to the contrary notwithstanding, if a health certificate is required for the operation
of the business, a conditional Business Tax Certificate may be issued for a period of sixty
(60)days, so as to allow compliance with the rules and regulations of the county health
department; however, the applicant may not commence operations of any food service
establishment, as that term is defined by O.C.G.A. § 26-2-370, unless and until it receives a
health permit from the county health department pursuant to O.C.G.A. § 26-2-371.Upon issuance
of a valid health permit by the county health department, the conditional Business Tax
Certificate shall automatically, by virtue of this subsection, be converted into an annual Business
Tax Certificate under the terms of this chapter, effective as of the date of its issuance.
Attachment number 1
Page 4 of 7
Item # 11
5
(c) The Commission shall provide notice and hearing before suspending or revoking any
Business Tax Certificate.
(d) Where a Business Tax Certificate is revoked for cause by the Commission, no certificate
shall be thereafter issued to such holder for a period of twelve (12) months from the date of said
revocation to engage in the type of business for which said certificate was issued and revoked
and shall not be issued to any person, firm or corporation or other entity which has an agent,
employee, officer or stockholder of the firm whose certificate was revoked for cause employed
in a position of management or control of operations of an integral part of its enterprise, or who
aided and abetted in the violation of the law or otherpractices resulting in said revocation for
cause of a Business Tax Certificate. The period of twelve(12) months shall run from the date of
the revocation of the certificate of the firm or entity with whom such agent, employee, officer or
stockholder was associated. A stockholder shall be defined to be owning or having the control of
at least twenty (20) percent of the issued stock in the corporation whose certificate was revoked
for cause.
(e) A Business Tax Certificate or an application for a Business Tax Certificate under this chapter
may be denied, suspended or revoked only for due cause as defined in subsections (a)and (f)
hereof. A Business Tax Certificate may be denied, suspended or revoked only after a hearing
before the Commission upon prior written notice to the applicant or holder of the certificate of
the time, place and purpose of such hearing and a statement of the reason why the application
would be denied, suspended or revoked. Three (3) days notice shall be deemed reasonable, but
shorter or longer periods of notice shall be authorized as the Augusta-Richmond County
Commission may deem the circumstances justify. Unless the circumstances otherwise justify, the
hearing shall be held no later than thirty (30) days after the application is filed with the
supervisor of the business license office, or notice given of suspension or revocation hearing.
(f) Due cause for denial, suspension or revocation of a Business Tax Certificate shall consist of
the violation by the holder of same of any laws or ordinances of the county, including the
provisions herein, or violation of any state or federal law, other than traffic laws.
Sec. 2-1-38. Probation, suspension, revocation or denial of a business tax certificate.
(a) Any business having a business tax certificate issued under this Ordinance may be placed on
probation, and the business tax certificate may be suspended, revoked and/or denied by the
Augusta-Richmond County Commission after a finding of due cause. Due cause for the
probation of a business, or the suspension, revocation or denial of a business tax certificate shall
include but shall not be limited to, the following:
(1) The applicant or holder of the certificate has failed to obtain any paper or documents
necessary in pursuance of its business as may be required by any office, agency or department of
Augusta-Richmond County, State of Georgia, or the United States under authority of any law,
ordinance or resolution of Augusta-Richmond County, State of Georgia or United States.
Attachment number 1
Page 5 of 7
Item # 11
6
(2) The applicant or holder of the certificate has supplied false information to any employee of
the business license office.
(3) The applicant or holder of the certificate intends to violate or has violated any federal or state
law, or local ordinance or any ordinance or resolution regulating such business or intends to
violate any regulation made pursuant to authority granted for the purpose of regulating such
business.
(4) The applicant or holder of the certificate has failed to pay any fee required under this chapter,
has failed to make a return or pay a tax due to the tax commissioner, the State of Georgia, the
Federal Government or has otherwise failed to comply with the provisions of this chapter.
(5) The applicant or holder of the certificate during the twelve (12) preceding months has
engaged in misrepresentation of facts, whether through advertisement or through any form of
direct communication, oral or written, which is intended to mislead the public or any party with
whom the holder of the certificate deals in pursuance of the registered business. The term
misrepresentation of fact as used herein shall embrace not only express misrepresentations, but
also misrepresentations arising by virtue of the conduct of the holder of this certificate, including
acts of omissions. By way of illustration only, and without limiting the scope of this subsection,
due cause as herein defined shall consist of any act or practice designated as unlawful in sections
393(b)(1) through (b)(29) of the Fair Business Practices Act found in O.C.G.A. §10-1-390 et seq.
(6) The applicant or holder of the certificate fails to adequately supervise and monitor the
conduct of the employees, patrons and others on the subject premises, or on any property owned
or leased by the applicant or holder, including but not limited to parking lots and parking areas,
or on any parking lots or areas which may be lawfully used by patrons of the establishment of the
applicant or holder, in order to protect the safety and well-being of the general public and of
those using the premises.
(7) When it shall be proven before the License & Inspection Department that there is a violation
of a nuisance laws pursuant to O.C.G.A §§41-2-7 through 41-2-17 and AUGUSTA, GA. CODE §7-
2-1 et seq.; or license-holders have been charged or convicted of a crime or of moral turpitude;
or when the health, morals, interests and convenience of the public demand the suspension of
such business tax certificate.
(b) Anything to the contrary notwithstanding, if a health certificate is required for the operation
of the business, a conditional Business Tax Certificate may be issued for a period of sixty (60)
days, so as to allow compliance with the rules and regulations of the Augusta-Richmond County
Health Department; however, the applicant may not commence operations of any food service
establishment, as that term is defined by O.C.G.A. §26-2-370, unless and until it receives a
health permit from the county health department pursuant to O.C.G.A. §26-2-371. Upon issuance
of a valid health permit by the Augusta-Richmond County Health Department, the conditional
Business Tax Certificate shall automatically, by virtue of this subsection, be converted into an
annual Business Tax Certificate under the terms of this chapter, effective as of the date of its
issuance.
Attachment number 1
Page 6 of 7
Item # 11
7
(c) The Commission shall provide notice and hearing before the probation, suspension or
revocation any Business Tax Certificate.
(d) Where a Business Tax Certificate is revoked for cause by the Commission, no certificate
shall be thereafter issued to such holder for a period of twelve (12) months from the date of said
revocation to engage in the type of business for which said certificate was issued and revoked
and shall not be issued to any person, firm or corporation or other entity which has an agent,
employee, officer or stockholder of the firm whose certificate was revoked for cause employed
in a position of management or control of operations of an integral part of its enterprise, or who
aided and abetted in the violation of the law or other practices resulting in said revocation for
cause of a Business Tax Certificate. The period of twelve (12) months shall run from the date of
the revocation of the certificate of the firm or entity with whom such agent, employee, officer or
stockholder was associated. A stockholder shall be defined to own or having the control of at
least twenty (20) percent of the issued stock in the corporation whose certificate was revoked for
cause.
(e) A Business Tax Certificate or an application for a Business Tax Certificate under this chapter
may be denied, suspended, revoked or placed on probation only for due cause as defined in
subsections (a) and (f) hereof. A Business Tax Certificate may be denied, suspended or revoked
only after a hearing before the Commission upon prior written notice to the applicant or holder of
the certificate of the time, place and purpose of such hearing and a statement of the reason why
the application would be denied, suspended revoked or placed on probation. Three (3) days
notice shall be deemed reasonable, but shorter or longer periods of notice shall be authorized as
the Augusta-Richmond County Commission may deem the circumstances justify. Unless the
circumstances otherwise justify, the hearing shall be held no later than thirty (30) days after the
application is filed with any supervisor of the business license office, or notice given of
probation, suspension or revocation hearing.
(f) Due cause for denial, suspension, probation or revocation of a Business Tax Certificate shall
consist of the violation by the holder of same of any laws or ordinances of Augusta-Richmond
County, including the provisions herein, or violation of any state or federal law, other than traffic
laws.
(g) A Business Tax Certificate issued under this Ordinance may be suspended by the Augusta-
Richmond County Commission if the certificate-holder has been placed on any term of
probation, under Title Two, twice within a twelve (12) month period.
Attachment number 1
Page 7 of 7
Item # 11
Public Service Committee Meeting
1/28/2009 12:30 PM
AN ORDINANCE TO AMEND THE AUGUSTA, GA. CODE TO ESTABLISH THE SUSPENSION OF A LICENSE FOR
ALCOHOLIC BEVERAGES
Department:Commissioner Jerry Brigham, Commissioner Joe Bowles and Commissioner Don
Grantham
Caption:Motion to approve an Ordinance to amend the Augusta, Ga. Code Article Six Section
6-2-74 to establish provisions for the suspension of a license for alcoholic beverages;
to repeal all ordinances and parts of ordinances in conflict herewith; to provide for an
effective date and for other purposes. (Referred from January 12 Public Services)
Background:Augusta-Richmond County desires to protect its citizens and to promote successful
business practices for alcoholic beverage licensees and desires to maintain
community safety and the quality of life for its citizens. The Honorable Jerry
Brigham, Don Grantham, and Joe Bowles, Commissioners, recommend that
provisions for the suspension of alcoholic beverage license be an option for the
Augusta-Richmond County Commission when an alcoholic beverage license-holder
has been placed on probation twice within a twelve (12) month period.
Analysis:This Ordinance would amend the AUGUSTA, GA. CODE §6-2-74, by repealing it
in its entirety, and inserting in lieu thereof subsections (a) through (f) restated as set
forth in “Exhibit A” hereto. This proposed ordinance establishes provisions for the
suspension of an alcoholic license where a license-holder has been placed on
probation twice by the Augusta-Richmond County Commission.
Financial Impact:No immediate financial impact is expected.
Alternatives:Alternatives include not approving the proposed amendments or approving only a
portion of the proposed amendments to the Ordinance.
Recommendation:Approve the proprosed ordinance.
Funds are Available in the
Following Accounts:Not applicable.
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
AN ORDINANCE
BY THE HONORABLE JERRY BRIGHAM,
DON GRANTHAM AND JOE BOWLES, COMMISSIONERS;
AUGUSTA-RICHMOND COUNTY, GEORGIA
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA, GA. CODE, TITLE SIX, ARTICLE
TWO, SECTION SEVENTY-FOUR, ENTITLED “PROBATION, SUSPENSION AND
REVOCATION”; SO AS TO ESTABLISH SUSPENSION OF A LICENSE FOR
ALCOHOLIC BEVERAGES; TO REPEAL ALL ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE
AND FOR OTHER PURPOSES.
WHEREAS, Augusta-Richmond County, Georgia is a home rule governing authority pursuant to
the Georgia Constitution, Art. 9 §2, ¶1 which exercises the authority “to adopt clearly reasonable
ordinances… relating to its property, affairs, and local government…”
WHEREAS, The Augusta-Richmond County Commission has the authority under general laws
to adopt rules and regulations “governing the conduct of any licensee including, but not limited
to, regulation of hours of business, types of employees, and other matters which may fall within
the police powers of such municipalities or counties” pursuant to O.C.G.A. §§3-4-110 and 3-7-
43;
WHEREAS, based upon reports from the Augusta-Richmond County Licensing and Inspection
and Richmond County Sheriff’s Departments, the Augusta-Richmond County Commission finds
that unregulated businesses, which sell alcoholic beverages, could create environments which are
public nuisances and illicit crimes;
WHEREAS, The Augusta-Richmond County Commission finds that such nuisances, illicit
behavior and the degradation of public morals negatively impact the public health, safety, and
general welfare of the Augusta-Richmond County citizenry and negatively affect regulated
businesses in the area;
WHEREAS, The Augusta-Richmond County Commission desires to protect the public health
and safety and regulate the sale of alcoholic beverages in Augusta-Richmond County, Georgia;
WHEREAS, based on the foregoing, the Augusta-Richmond County Commission may suspend
an alcohol beverage license when a license-holder has been placed on probation twice within a
twelve (12) month period.
THE AUGUSTA-RICHMOND COUNTY COMMISSION ORDAINS as follows:
Attachment number 1Page 1 of 5
SECTION 1. AUGUSTA, GA. CODE Section 6-2-74, enacted March 18, 1997 and readopted on
July 10, 2007, is hereby amended by repealing it in its entirety, and inserting in lieu thereof
subsections (a) through (f) restated as set forth in “Exhibit A” hereto.
SECTION 2. This ordinance shall become effective upon its adoption in accordance with
applicable laws.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Adopted this ___ day of ___________, 2009.
___________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1Page 2 of 5
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission
on_________________, 2009 and that such Ordinance has not been modified or rescinded as of
the date hereof and the undersigned further certifies that attached hereto is a true copy of the
Ordinance which was approved and adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
Attachment number 1Page 3 of 5
Exhibit A
Repealed.
Sec. 6-2-74. Probation, suspension & revocation.
Any license issued under this Ordinance may be put on probation, suspended and/or revoked by
the Augusta-Richmond County Commission after a finding of due cause. Due cause for the
probation, suspension or revocation of a license shall include but shall not be limited to, the
following:
(a) A violation of this Ordinance or any State or federal law governing the manufacture,
transport, or sale of alcoholic beverages by the licensee or any person in his employ or in the
employ of the establishment for which the license was issued.
(b) The conviction of the licensee of a crime, which would render him or her ineligible to apply
for a license. The term conviction as used herein includes a plea of guilty or nolo contendere.
(c) Failure by the licensee, or any person in his employ or in the employ of the establishment for
which the license was issued, to adequately supervise and monitor the conduct of the
employees, patrons and others on the licensed premises, or on any property owned or leased
by the licensee, including but not limited to parking lots and parking areas, or on any parking
lots or areas which may be lawfully used by patrons of a licensed establishment, in order to
protect the safety and well-being of the general public and of those using the premises.
(d) The revocation of the license or permit of the business to operate by any State, County, City
or other governmental authority due to a violation of any law applicable to the business
including, but not limited to, building codes and health codes.
(e) Falsifying information or making any material misrepresentation on the application for a
license under this Ordinance.
Sec. 6-2-74. Probation, suspension & revocation.
Any license issued under this Ordinance may be put on probation, suspended and/or revoked by
the Augusta-Richmond County Commission after a finding of due cause. Due cause for the
probation, suspension or revocation of a license shall include but shall not be limited to, the
following:
(a) A violation of this Ordinance or any State or federal law governing the manufacture,
transport, or sale of alcoholic beverages by the licensee or any person in his employ or in the
employ of the establishment for which the license was issued.
(b) The conviction of the licensee of a crime, which would render him or her ineligible to apply
for a license. The term conviction as used herein includes a plea of guilty or nolo contendere.
Attachment number 1Page 4 of 5
(c) Failure by the licensee, or any person in his employ or in the employ of the establishment for
which the license was issued, to adequately supervise and monitor the conduct of the
employees, patrons and others on the licensed premises, or on any property owned or leased
by the licensee, including but not limited to parking lots and parking areas, or on any parking
lots or areas which may be lawfully used by patrons of a licensed establishment, in order to
protect the safety and well-being of the general public and of those using the premises.
(d) The revocation of the license or permit of the business to operate by any State, County, City
or other governmental authority due to a violation of any law applicable to the business
including, but not limited to, building codes and health codes.
(e) Falsifying information or making any material misrepresentation on the application for a
license under this Ordinance.
(f) A license issued under this Ordinance may be suspended by the Augusta-Richmond County
Commission if the license-holder has been placed on any term of probation, under Title Six
Article Two, twice within a twelve (12) month period.
Attachment number 1Page 5 of 5
Public Service Committee Meeting
1/28/2009 12:30 PM
Construction Advisory Board
Department:License & Inspection
Caption:Approve a request for the Commission to appoint the following individuals to serve
on the Construction Advisory Board for a four-year term: Mr. Sean
D’Antignac, Electrical Contractor; Mr. Larry Jones, Master Plumber (Re-
appointment).
Background:The Construction Advisory Board is recommending that Mr. Sean D’Antignac be
appointed to the Board as the ‘Electrical Contractor’ and that Mr. Larry Jones be re-
appointed to the Board as the ‘Master Plumber’. The Electrical Contractor position
on the Construction Advisory Board is vacant. Mr. Sean D’Antignac is a State
Licensed Electrical contractor and is part owner of Dukes & D’Antignac, LLC. Mr.
Larry Jones is the current appointee for the Master Plumber position on the Board,
and is the owner of Universal Plumbing. His term expires February 6, 2009, but he
has offered to serve another term.
Analysis:The Construction Advisory Board serves in an advisory capacity on matters
pertaining to construction. It will conduct mediation hearings to resolve differences
of opinions in the interpretation of all construction codes and inspection procedures.
The Board will also serve as a liaison between the City of Augusta and builders,
developers, design professionals and other disciplines involved in the building
industry.
Financial Impact:N/A
Alternatives:Do not make the recommended appointments.
Recommendation:Approval
Funds are Available in the
Following Accounts:N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Public Service Committee Meeting
1/28/2009 12:30 PM
Forfeiture of Surety Bond
Department:License & Inspection
Caption:Approve forfeiture of Surety Bond for Mr. Mark Dillinger, d/b/a Mark’s
Remodeling/ Construction.
Background:At the regularly scheduled meeting of the Augusta Construction Advisory
Board on January 8, 2009, the Board discussed a claim against the bond for
Mark’s Remodeling/ Construction, and approved a recommendation for the
Augusta Commission that the claim against the bond be approved. Mr. John
Deal filed a complaint alleging damages arising from work done or
supervised by Mr. Mark Dillinger, d/b/a Mark’s Remodeling/ Construction,
at 1419 Johns Road. Mr. Dillinger purchased a building permit on August
21, 2007, for ‘bath alteration’. During the course of construction several
code violations were identified by the inspectors. Mr. Dillinger has refused
to correct the code violations; consequently Mr. Deal is requesting forfeiture
of the Surety Bond for the amount of $14,675.00 to correct the code
violations.
Analysis:Section 7-1-116.4 of the Augusta Code provides that the contractor shall
‘execute and deposit in the License & Inspection Department a bond in the
sum of fifteen-thousand dollars ($15,000), such bond to be conditioned that
all work performed by the contractor or under his supervision shall be
performed in accordance with the provisions of the building code”. … Mr.
Deal had two contractors to provide estimates for correcting the code
violations. The estimates are: $14,675.00 and $15,422.00. The exact amount
of the bond forfeiture will be determined by the bond company – AMCO
Insurance Company… The bond is payable to the City of Augusta.
Consequently, the bond company will issue a check payable to Augusta and
Augusta will issue a check for the same amount to Mr. Deal.
Financial Impact:N?A
Alternatives:Do not approve.
Recommendation:Approve
Funds are Available in
the Following
Accounts:
N/A
Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Public Service Committee Meeting
1/28/2009 12:30 PM
Pendleton King Park Master Plan
Department:Clerk of Commission
Caption:Consider a request from the Pendleton King Park Foundation regarding
approval of the Pendleton King Park Master Plan.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 1
Public Service Committee Meeting
1/28/2009 12:30 PM
Rural Transit Fare Increase
Department:Augusta Public Transit
Caption:Motion to approve an increase in Richmond Transit (Rural Van Service)
fares.
Background:Augusta-Richmond County is proposing to increase the fare for Richmond
Transit, the Rural Van Service. The fare for a one way trip, if approved,
will increase from $2.00 to $3.00. Richmond Transit is required by the state
to run a legal notice for a public hearing request when there is to be a fare
increase. The public has 15days to respond. The notice of fare increase ran
in the Augusta Chronicle on December 18, 2008, and the affidavit of
publication is on file. January 3, 2009 ended the 15 day request for a public
hearing. No requests were received.
Analysis:There has not been a fare increase since 2001.
Financial Impact:Reduced expenses and increase revenue.
Alternatives:1. To maintain Richmond Transit fare as is. 2. To modify the proposal.
Recommendation:Approve the proposed change.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Public Service Committee Meeting
1/28/2009 12:30 PM
Club Platinum
Department:Clerk of Commission
Caption:Update from the Sheriff's Office regarding the Club Platinum. (Requested
by Commissioner Bowles)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo