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HomeMy WebLinkAbout2011-04-25-Meeting Agendawww.augustaga.gov PublicServiceCommitteeMeeting CommissionChamber -4/25/2011 -12:50PM PUBLICSERVICES 1.NewApplication:A.N.11-15:ArequestbyHenryH.Kimfor aretailpackageBeer&Winelicensetobeusedin connection with Quick& Easy Grocery located at 2537 Wheeler R d. District1.SuperDistrict9. Attachments 2.Discussion:considerrevocationoftheBusinessTax Certificate forMs.SukiParkLaszlo,d/b/a:BOBOSpa,2352Was hington Road,forfailuretocomplywiththemassageparlor ordinance. Attachments 3.Motion to approve theaward ofthe RFPfor Transit System Service and Support Services (RFP #11-082) to Mobility TransitServices,LLCforaperiodorfive(5)year s. Attachments 4.Discussion: consider approving an amendment to the Dance Hallordinancethatwouldprovideforasingle-eventdancehall license. Attachments PublicServiceCommitteeMeeting 4/25/201112:50PM AlcoholApplication Department:License&Inspections Caption:NewApplication:A.N.11-15:ArequestbyHenry H.Kimfora retailpackageBeer&Winelicensetobeusedinco nnectionwith Quick&EasyGrocerylocatedat2537WheelerRd.Di strict1. SuperDistrict9. Background:ThisapplicantwasdeniedattheregularCommission Meetingon July7,2009.Thelocationdidnotmeetthedistanc erequirement forpublicrecreationfacilities.CodeSection6-2-64(b)(1)and(d) and6-2-64(f). Analysis:Theapplicantdoesnotmeettherequirementsofthe Augusta RichmondCountyAlcoholOrdinance. FinancialImpact:Thecostofthislicensewouldbe$1210.00. Alternatives: Recommendation:License&Inspectionsrecommendsdenial.TheRCSD recommendsdenial. FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 1 Attachment number 1 Page 1 of 2 Item # 1 Attachment number 1 Page 2 of 2 Item # 1 PublicServiceCommitteeMeeting 4/25/201112:50PM BOBOSpa/RevocationofBusinessLicense Department:License&Inspection Caption:Discussion:considerrevocationoftheBusinessTax Certificate forMs.SukiParkLaszlo,d/b/a:BOBOSpa,2352Was hington Road,forfailuretocomplywiththemassageparlor ordinance. Background:Ms.SukiParkLaszlohasabusinesslicensetooper ateaskincare productsbusinessat2352WashingtonRoad.TheSher iff’sOffice Vice-Divisioncheckedonthebusinessandfoundtha tMs.Laszlo wasoperatingamassageparlor. Analysis:TheSheriff’sOfficereceivedcomplaintsaboutBOBO Spa locatedat2352WashingtonRoad.OnApril1,2011,theVice DivisioncheckedonthebusinessandfoundthatMs.SukiPark Laszlowasoperatingamassageparlorandemployees werealso foundtobeperformingactsofprostitution.TheSh eriff’sOfficeis requestingthattheCommissionrevokethebusiness license…The businesslicenseforBOBOSPAhasbeensuspendedfo rthirty daysoruntilsuchtimethatapublichearingishe ldbeforethe AugustaCommissiontodiscussthefuturestatusof thelicense. FinancialImpact:N/A Alternatives:N/A Recommendation:RevoketheBusinessLicense. FundsareAvailable intheFollowing Accounts: N/A REVIEWEDANDAPPROVEDBY : Finance.Cover Memo Item # 2 Law. Administrator. ClerkofCommission Cover Memo Item # 2 Page 1 of 1 Item # 2 PublicServiceCommitteeMeeting 4/25/201112:50PM RFPforTransitSystemService&SupportService Department:AugustaPublicTransit Caption:MotiontoapprovetheawardoftheRFPforTransit System ServiceandSupportServices(RFP#11-082)toMobil ityTransit Services,LLCforaperiodorfive(5)years. Background:Inthefallof2010,AugustaPublicTransitwasask edtopreparea RFPforthepossibleprivatizationofTransitSyste mServices.The RFPwasadvertisedonDecember16,2010withanori ginalbid openingdateofJanuary28,2011.Duetothewinter stormand snow,theMandatoryPre-ProposalConferencewasnot heldand hadtoberescheduledwithanewbidopeningdateo fMarch4, 2011. Analysis:TheRFPwasopenedonMarch4,2011withfive(5)p otential vendors.AfterProcurement’sreviewoftheirrequir ed submissions,two(2)vendorsweredeemedasnon-com pliantdue tomissinginformation,specifically,noE-VerifyI dentification Number.Therefore,therewerethree(3)remainingp roposals.An evaluationcommitteewasformedandmetonMarch24 ,2011,to evaluatetheremainingproposals.Adecisionwasma detoinvite thethree(3)potentialvendorstomakeoralpresen tations.After thepresentations,thecommitteediscussedthe3co mpaniesand hasrecommendedanawardoftheRFPtoMobility. FinancialImpact:BasedonMobility’scostproposal,itwouldsaveth eCity approximately$2Moverthefive(5)yeartermofth econtract. (Seeattachment) Alternatives:KeepAugustaPublicTransitundertotalCitycontro l. Recommendation:ApprovetheawardingoftheproposaltoMobilityTr ansit Services,LLC. FundsareAvailable intheFollowing Fundingwillcomefromfundspresentlyusedtofund Augusta PublicTransit.Cover Memo Item # 3 Accounts: REVIEWEDANDAPPROVEDBY : Finance. Procurement. Law. Administrator. ClerkofCommission Cover Memo Item # 3 St a r t U p F e e Y R 1 Y R 2 Y R 3 Y R 4 Y R 5 To t a l Y e a r s In c l u d i n g S t a r t up AR C F i v e Ye a r s B a s e d on 2 0 1 0 ac t u a l s To t a l S a v i n g s ov e r 5 y e a r s Sa v i n g s p e r ye a r Yr s i n Bu s i n e s s MV T r a n s p o r t a t i o n Fi x e d R o u t e 1 , 9 6 4 , 7 1 1 1 , 9 9 9 , 6 5 7 2 , 0 3 7 , 1 5 1 2 , 2 8 8 , 3 8 5 2 , 3 3 9 , 8 1 7 Pa r a t r a n s i t 96 8 , 7 2 6 9 8 1 , 1 6 2 9 9 4 , 5 4 5 1 , 1 2 5 , 3 7 6 1 , 1 4 3 , 9 0 1 Ru r a l T r a n s i t 31 0 , 8 7 0 3 1 4 , 8 6 0 3 1 9 , 1 5 5 3 6 1 , 1 3 9 3 6 7 , 0 8 4 To t a l ? ? 3 , 2 4 4 , 3 0 7 3 , 2 9 5 , 6 7 9 3 , 3 5 0 , 8 5 1 3 , 7 7 4 , 9 0 0 3 , 8 5 0 , 8 0 2 1 7 , 5 1 6 , 5 3 9 2 5 , 0 7 5 , 1 6 4 7 , 5 5 8 , 6 2 5 1 , 5 1 1 , 7 2 5 3 6 Yr t o Y r I n c r e a s e 2% 2 % 1 3 % 2 % 1 9 % Mo b i l i t y Fi x e d R o u t e 3 , 0 7 0 , 6 5 3 3 , 1 4 6 , 6 9 0 3 , 2 2 0 , 3 0 2 3 , 3 5 9 , 7 1 7 3 , 4 3 4 , 9 7 2 Pa r a t r a n s i t 80 5 , 0 9 6 8 1 8 , 2 8 2 8 7 2 , 8 7 6 8 7 2 , 5 2 0 8 9 8 , 4 2 3 Ru r a l T r a n s i t 46 2 , 1 1 4 4 7 7 , 0 4 7 4 8 8 , 6 8 6 5 2 2 , 5 2 2 5 2 1 , 1 1 3 To t a l 4 6 , 4 9 1 4 , 3 3 7 , 8 6 3 4 , 4 4 2 , 0 1 9 4 , 5 8 1 , 8 6 4 4 , 7 5 4 , 7 5 9 4 , 8 5 4 , 5 0 8 2 3 , 0 1 7 , 5 0 4 2 5 , 0 7 5 , 1 6 4 2 , 0 5 7 , 6 6 0 4 1 1 , 5 3 2 N e w Yr t o Y r I n c r e a s e 2% 3 % 4 % 2 % 1 2 % L o n g T e r m F i n a n c i n g t h r u B o a t h o u s e C a p i t a l Mc D o n a l d Fi x e d R o u t e 2 , 8 6 0 , 1 4 6 3 , 1 3 9 , 9 0 4 3 , 2 4 9 , 8 7 5 3 , 3 7 6 , 7 1 8 3 , 5 0 3 , 6 0 2 Pa r a t r a n s i t 84 2 , 4 5 4 8 6 2 , 7 0 1 8 9 8 , 2 5 0 9 2 7 , 4 3 2 9 7 0 , 0 7 6 Ru r a l T r a n s i t 55 3 , 5 2 1 5 6 2 , 5 1 4 5 8 7 , 9 5 2 6 0 6 , 4 9 4 6 3 7 , 8 4 4 To t a l 2 8 7 , 1 2 5 4 , 2 5 6 , 1 2 1 4 , 5 6 5 , 1 1 9 4 , 7 3 6 , 0 7 8 4 , 9 1 0 , 6 4 4 5 , 1 1 1 , 5 2 2 2 3 , 8 6 6 , 6 0 9 2 5 , 0 7 5 , 1 6 4 1 , 2 0 8 , 5 5 5 2 4 1 , 7 1 1 3 8 Yr t o Y r I n c r e a s e 7% 4 % 4 % 4 % 2 0 % Ac t u a l 5 y r 20 1 0 F i v e Y e a r s Op e r a t i n g E x p e n s e s 4 , 3 7 1 , 0 8 4 21 , 8 5 5 , 4 1 9 Ad m i n i s t r a t i o n 4 6 0 , 1 9 9 2, 3 0 0 , 9 9 6 Ris k M a n a g e m e n t 1 8 3 , 7 5 0 91 8 , 7 5 0 5,0 1 5 , 0 3 3 2 5 , 0 7 5 , 1 6 4 AR C T r a n s i t I n c l u d e s c o n v e r t i n g a l l d r i v e r s , e t c t o p a r t t i m e a n d r e d u c i n g r a t e t o $ 8 . 0 0 p e r ho u r , a l o n g w i t h e l i m i n a t i n g p o s i t i o n s ( P u r c h a s e d b y R A T P D e v U S A 10 / 1 / 0 9 , 5 1 % , E m p l o y e e s 4 9 % ) Au g u s t a R i c h m o n d C o u n t y C o s t P r o p o s a l C o m p a r i s o n Attachment number 1 Page 1 of 1 Item # 3 St a r t U p F e e Y R 1 Y R 2 Y R 3 Y R 4 Y R 5 To t a l Y e a r s In c l u d i n g S t a r t up AR C F i v e Ye a r s B a s e d on 2 0 1 0 ac t u a l s To t a l S a v i n g s ov e r 5 y e a r s Sa v i n g s p e r ye a r Yr s i n Bu s i n e s s MV T r a n s p o r t a t i o n Fi x e d R o u t e 1 , 9 6 4 , 7 1 1 1 , 9 9 9 , 6 5 7 2 , 0 3 7 , 1 5 1 2 , 2 8 8 , 3 8 5 2 , 3 3 9 , 8 1 7 Pa r a t r a n s i t 96 8 , 7 2 6 9 8 1 , 1 6 2 9 9 4 , 5 4 5 1 , 1 2 5 , 3 7 6 1 , 1 4 3 , 9 0 1 Ru r a l T r a n s i t 31 0 , 8 7 0 3 1 4 , 8 6 0 3 1 9 , 1 5 5 3 6 1 , 1 3 9 3 6 7 , 0 8 4 To t a l ? ? 3 , 2 4 4 , 3 0 7 3 , 2 9 5 , 6 7 9 3 , 3 5 0 , 8 5 1 3 , 7 7 4 , 9 0 0 3 , 8 5 0 , 8 0 2 1 7 , 5 1 6 , 5 3 9 2 5 , 0 7 5 , 1 6 4 7 , 5 5 8 , 6 2 5 1 , 5 1 1 , 7 2 5 3 6 Yr t o Y r I n c r e a s e 2% 2 % 1 3 % 2 % 1 9 % Mo b i l i t y Fi x e d R o u t e 3 , 0 7 0 , 6 5 3 3 , 1 4 6 , 6 9 0 3 , 2 2 0 , 3 0 2 3 , 3 5 9 , 7 1 7 3 , 4 3 4 , 9 7 2 Pa r a t r a n s i t 80 5 , 0 9 6 8 1 8 , 2 8 2 8 7 2 , 8 7 6 8 7 2 , 5 2 0 8 9 8 , 4 2 3 Ru r a l T r a n s i t 46 2 , 1 1 4 4 7 7 , 0 4 7 4 8 8 , 6 8 6 5 2 2 , 5 2 2 5 2 1 , 1 1 3 To t a l 4 6 , 4 9 1 4 , 3 3 7 , 8 6 3 4 , 4 4 2 , 0 1 9 4 , 5 8 1 , 8 6 4 4 , 7 5 4 , 7 5 9 4 , 8 5 4 , 5 0 8 2 3 , 0 1 7 , 5 0 4 2 5 , 0 7 5 , 1 6 4 2 , 0 5 7 , 6 6 0 4 1 1 , 5 3 2 N e w Yr t o Y r I n c r e a s e 2% 3 % 4 % 2 % 1 2 % L o n g T e r m F i n a n c i n g t h r u B o a t h o u s e C a p i t a l Mc D o n a l d Fi x e d R o u t e 2 , 8 6 0 , 1 4 6 3 , 1 3 9 , 9 0 4 3 , 2 4 9 , 8 7 5 3 , 3 7 6 , 7 1 8 3 , 5 0 3 , 6 0 2 Pa r a t r a n s i t 84 2 , 4 5 4 8 6 2 , 7 0 1 8 9 8 , 2 5 0 9 2 7 , 4 3 2 9 7 0 , 0 7 6 Ru r a l T r a n s i t 55 3 , 5 2 1 5 6 2 , 5 1 4 5 8 7 , 9 5 2 6 0 6 , 4 9 4 6 3 7 , 8 4 4 To t a l 2 8 7 , 1 2 5 4 , 2 5 6 , 1 2 1 4 , 5 6 5 , 1 1 9 4 , 7 3 6 , 0 7 8 4 , 9 1 0 , 6 4 4 5 , 1 1 1 , 5 2 2 2 3 , 8 6 6 , 6 0 9 2 5 , 0 7 5 , 1 6 4 1 , 2 0 8 , 5 5 5 2 4 1 , 7 1 1 3 8 Yr t o Y r I n c r e a s e 7% 4 % 4 % 4 % 2 0 % Ac t u a l 5 y r 20 1 0 F i v e Y e a r s Op e r a t i n g E x p e n s e s 4 , 3 7 1 , 0 8 4 21 , 8 5 5 , 4 1 9 Ad m i n i s t r a t i o n 4 6 0 , 1 9 9 2, 3 0 0 , 9 9 6 Ris k M a n a g e m e n t 1 8 3 , 7 5 0 91 8 , 7 5 0 5,0 1 5 , 0 3 3 2 5 , 0 7 5 , 1 6 4 AR C T r a n s i t I n c l u d e s c o n v e r t i n g a l l d r i v e r s , e t c t o p a r t t i m e a n d r e d u c i n g r a t e t o $ 8 . 0 0 p e r ho u r , a l o n g w i t h e l i m i n a t i n g p o s i t i o n s ( P u r c h a s e d b y R A T P D e v U S A 10 / 1 / 0 9 , 5 1 % , E m p l o y e e s 4 9 % ) Au g u s t a R i c h m o n d C o u n t y C o s t P r o p o s a l C o m p a r i s o n Attachment number 2 Page 1 of 1 Item # 3 Attachment number 3 Page 1 of 1 Item # 3 REQUEST FOR PROPOSALS Request for Proposals will be received at this office until Friday, January 28, 2011 @ 3:00 P.M. for furnishing: RFP Item #11-082 Transit System Service & Support Services for Public Transit Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 RFP documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street ± Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from Imaging Technologies. The fee for the specifications which are non-refundable is $25.00. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street ± Room 605, Augusta, GA 30901. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facility this policy the Owner is providing the opportunity to view plans online (www.itrepro.com) at no charge through Imaging Technologies (706 724-7924) beginning Thursday, December 16, 2010. Vendors are cautioned that submitting a proposal with Procurement of a complete set are likely to overlook issues of delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that sequestration of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the vendor at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A vehicle & facility inspection will be held on Monday, January 10, 2011 from 1:00 p.m. to 4:00 p.m. and Tuesday, January 11, 2011 from 9:00 a.m. to 1:00 p.m. at Augusta Public Transit, 1535 Fenwick Street, Augusta, GA 30904. A Mandatory Pre-Proposal Conference will be held on Tuesday, January 11, 2011 @ 2:00 p.m. in the Procurement Department, 530 Greene Street, Room 605. All questions must be submitted by fax at 706 821-2811 or by email to probidandcontract@augustaga.gov by Thursday, January 13, 2011 @ 5:00 p.m. No RFP will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. No RFP may be withdrawn for a period of 90 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted. A performance bond in the amount of equal to four months of the contract sum will be required of the successful proposer will be required for award. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. Please mark RFP number on the outside of the envelope. Bidders are cautioned that sequestration of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Disadvantage Business Enterprise (DBE) Augusta-Richmond County, Georgia does not operate a DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the Race-Based SRUWLRQ RI $XJXVWD¶V '%( 3URJUDP  ,QVWHDG $XJXVWD RSHUDWHV D /RFDO 6PDOO %XVLQHVV 2SSRUWXQLW\ 3URJUDP However, for various projects utilizing the expenditure of State or Federal funds, Augusta enforces DBE requirements and/or DBE goals set by the Federal and/or State Agencies in accordance with State and Federal laws. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle December 16, 23, 30, 2010 January 6, 2011 Metro Courier December 22, 2010 cc: Tameka Allen Interim Deputy Administrator Heyward Johnson Augusta Public Transit Sharon Dottery Augusta Public Transit Attachment number 4 Page 1 of 1 Item # 3 Attachment number 5 Page 1 of 2 Item # 3 Attachment number 5 Page 2 of 2 Item # 3 Vendors:Attachment B Bidder's Form Original Six Copies Bid Bond Price Proposal Addendums 1-4 Mobility 1800 Hickory Glen Knoxville, TN 37952 Yes Yes Yes Yes Yes Yes Yes McDonald Transit 3800 Sandshell, Suite 175 Ft Worth, TX 76337 Yes Yes Yes Yes Yes Yes Yes S. L. King Technologies 270 Peachtree ST., NW Suite 1600 Atlanta, GA 30303 Veolia Transportation 463 Commerce Park, Ste 114 Marietta, GA 30060 Used Incorrect No. for the E-Verify No. (E- Verity Number Missing) Deemed Non-Compliant Yes Yes Yes Yes Yes Yes First Transit 600 Vine St., Suite 1400 Cincinnati, OH 45202 Used Fed. Tax ID No. for the E-Verify No. (E-Verity Number Missing) Deemed Non-Compliant Yes Yes Yes Yes Yes Yes MV Transit 4620 Westamerica Fairfield, CA 94534 Yes Yes Yes Yes Yes Yes Yes RFP Item #11-082 Transit System Service & Support Services For the City of Augusta - Public Transit Department RFP Opening Date: Friday, March 4, 2011 at 11:00 a.m. Page 1 of 1 Attachment number 6 Page 1 of 1 Item # 3 Attachment number 7 Page 1 of 3 Item # 3 Attachment number 7 Page 2 of 3 Item # 3 Attachment number 7 Page 3 of 3 Item # 3 Attachment number 8 Page 1 of 2 Item # 3 Attachment number 8 Page 2 of 2 Item # 3 Evaluation Criteria PTS Mobility 1800 Hickory Glen Knoxville, TN 37952 McDonald Transit 3800 Sandshell, Suite 175 Ft Worth, TX 76337 MV Transit 4620 Westamerica Fairfield, CA 94534 A. Qualifications/Experience 3URSRVHU¶VH[SHULHQFHLQSURYLGLQJWUDQVLWVHUYLFH of similar scope and complexity. 2. Qualifications and experience of proposed General Manager. 3. Financial stability of Proposer. 40 31.3 33.8 30.8 B. Approach to Providing Transit Services 1. Understanding of requirements. 2. Suitability of proposed services.30 27.3 21.8 23.0 C. Cost Proposal Reasonableness of proposed rates and allocation of resources. Lowest 10 pts Second 8 pts Third 6 pts Fourth 4 pts Fifth 2 pts 10 8.0 6.0 10.0 D. References Proposer shall provide a complete list of properties where transit service was provided, along with the Contract years, a contact name, title, and phone number. 15 13.5 12.8 12.8 E, Proximity to the Area Within Augusta Richmond County 5 pts Within CSRA 4 pts Georgia 3 pts Southeastern US 2 pts All Others 1 pt 5 1.8 1.0 1.0 TOTAL 100 81.8 75.3 77.5 1.3 1.8 3.0 Cumulative Evaluation - RFP Item #11-082 Transit System Service & Support Services For the City of Augusta - Public Transit Department Presentation Item # 3 PublicServiceCommitteeMeeting 4/25/201112:50PM Single-EventDanceHall/OccasionalLicense Department:License&Inspection Caption:Discussion:considerapprovinganamendmenttothe DanceHall ordinancethatwouldprovideforasingle-eventdan cehall license. Background:TheAugustaCommissionattheregularmeetingonFe bruary17, 2009,approvedamendmentstotheDanceHallordinan cethat wouldrequiretheCommissiontoapprovetheapplica tionpriorto thelicensebeingissued. Analysis:Wehavealoopholeunderthecurrentordinancethat allowsan individual,corporation,etcthathasacurrentbus inesslicenseto leaseafacilitysuchastheNationalGuardArmoryf orone eveningandholdadancewhereadmissionischarged .The Sheriff’sOfficegenerallyhasproblemswithsuche vents…The proposedordinancewillrequirethebusinesslicens eholder/ promotertocomplywiththeDanceHallordinanceth atwill includecompletingtheapplication,Sheriff’sOffic ereviewofthe applicationforlocationapprovalaswellasaback groundcheckof theapplicant,andapprovalbytheCommission. FinancialImpact:Theproposedamendmentincludesa$50regulatoryfe epersingle- event. Alternatives:Donotapprove. Recommendation:Approval FundsareAvailable intheFollowing Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 4 Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 4 ORDINANCE NO. ________________ AN ORDINANCE TO AMEND THE AUGUSTA, GA. CODE, TITLE SIX, CHAPTER 6 RELATING TO THE DANCE HALL ORDINANCE KNOWN AS “SECTION 6-6-43”; TO REQUIRE APPLICANTS FOR A SINGLE-EVENT DANCE HALL PERMIT TO RECEIVE AUGUSTA-RICHMOND COUNTY COMMISSION CONSENT TO HOLD SUCH EVENT, TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, Augusta-Richmond County is a home rule municipality pursuant to O.C.G.A. §36- 35-8; WHEREAS, Augusta-Richmond County Commission 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; WHEREAS, based on the foregoing, it is recommended that applicants for single-event dance hall permits be required to obtain the approval of Augusta-Richmond County Commission prior to a permit being issued. THE AUGUSTA-RICHMOND COUNTY COMMISSION ordains as follows: SECTION 1. AUGUSTA, GA. CODE Title Six, Chapter 6, Section 6-6-43 as set forth in Ordinance No. 7112, enacted March 3, 2009, is hereby amended by repealing it in its entirety, and inserting in lieu thereof subsections Section 6-6-43: (1)(a-h) and (2)(a-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 ______________, 2011. __________________________________________ David S. Copenhaver As its Mayor Attest: ____________________________________ Lena J. Bonner, Clerk of Commission Repealed. Attachment number 1 Page 1 of 7 Item # 4 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 ____________________, 2011, 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 Attachment number 1 Page 2 of 7 Item # 4 Section 6-6-43. Dance Halls. (a) Defined. Dance hall means a location where music whether live or recorded is plaved and/or otherwise provided for the purpose of dancing by the patrons of the location, or where such dancing is allowed or permitted. (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.xxxxxx or single event (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 Attachment number 1 Page 3 of 7 Item # 4 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. No person shall operate a dance hall within the limits of Augusta- Richmond County without first receiving a favorable action from the Board of Commissioners. The Augusta-Richmond County Commission shall have the right to determine whether the applicant or location for the proposed dance hall is proper and appropriate. (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. (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 State, 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 ublic demand the suspension of such business tax certificate. The License & Inspection Departmen shall report the suspension of such business tax certificate to the next regular or called meeting of the Commission. The Commission 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) and/or imprisonment in the Augusta-Richmond County jail for a period not in excess of sixty (60) days. Section 6-6-43. Dance Halls; Single-Event Dance Hall / Occasional License (1) Dance Halls (a) Defined. Dance hall means a location where music whether live or recorded is plaved and/or otherwise provided for the purpose of dancing by the patrons of the location, or where such dancing is allowed or permitted. (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- Attachment number 1 Page 4 of 7 Item # 4 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. No person shall operate a dance hall within the limits of Augusta-Richmond County without first receiving a favorable action from the Board of Commissioners. The Augusta-Richmond County Commission shall have the right to determine whether the applicant or location for the proposed dance hall is proper and appropriate. (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. (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- Attachment number 1 Page 5 of 7 Item # 4 Richmond County Health Department; or violates any law or ordinance of the United State, 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 ublic 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 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) and/or imprisonment in the Augusta-Richmond County jail for a period not in excess of sixty (60) days. (2) Single-Event Dance Hall / Occasional License (a) Application may be made for an occasional, single event license for a Dance Hall permit as follows: (1) For-profit applicant. If the applicant is an agent for a for-profit business, the applicant must possess a valid Occupation Tax Certificate. (2) onprofit applicant. An agent for a non-profit organization may apply for a single event license whether or not he/she possesses an Occupation Tax Certificate. (b) Commission Approval. All persons, firms or corporations desiring to engage in the single-event license for a Dance Hall permit shall comply with the application requirements in §6-6-43 of the Augusta-Richmond County Code. The above provision pertaining to Commission Approval shall not apply to an application for a single event license for a Dance Hall permit in or on any museum, cultural center or facility, public park, playground, or building owned or operated by Augusta-Richmond County, Georgia Port Authority, or at a location on Riverwalk, nor shall the above provisions regarding Commission Approval apply to events held by non-profit organizations. (c) Form; information to be provided. Application for a single event license must be made in writing as provided in §6-6-43. (d) Date due; fee. The application for a license hereunder shall be made at least one (1) month prior to the date of the scheduled event and in sufficient time to allow for Commission Approval, as required herein. A regulatory fee of fifty dollars ($50.00) per day of the event shall be paid by certified check, cashier's check or money order made payable to the Augusta-Richmond County Commission. (e) Occasional, single event. The event for which the occasional, single event license is sought may not exceed one (1) calendar day in duration and the licensee shall not be eligible for an occasional event license more frequently than once every three (3) months, except in any area in which no advertisement is necessary pursuant to Section (b) above. (f) Untrue or misleading information; material omissions. Any untrue or misleading information contained in, or material omission left out of an application for a license hereunder shall be cause for the denial of the license; and, if any license has been granted under such circumstances, the license shall be subject to revocation. (g)Grounds for denial. In addition to the other grounds provided in this Ordinance, for the Attachment number 1 Page 6 of 7 Item # 4 denial of a license, an application for an occasional, single event license may be denied on one or more of the following grounds: (1) The number of anticipated attendants of the event renders a danger to the safety of the public. (2)The proposed location for the event is in an area in which numerous incidents requiring police intervention occurred. (h) Procedures. (1)The Director of License & Inspection Department shall forward the application to the Recreation Department Director, if applicable, and then forward to the Richmond County Sheriff, who shall indicate his approval or disapproval of the application. The Sheriff may condition the approval of such application on the licensee's providing a sufficient number of security personnel for the protection of the public during the event. If approved, the application shall be forwarded back to the License & Inspection Department for submission to the Augusta Commission for review; or for issuance of the Single Event License if the applicant is a non- profit organization. The license shall be valid for the location, date and time specified therein only. (2) If the Sheriff denies the application, he shall return the application to the Director of License & Inspection together with a report in writing showing the reason(s) for the denial. The Director of License & Inspection shall promptly notify the applicant in writing of the reason(s) for the denial. Attachment number 1 Page 7 of 7 Item # 4