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HomeMy WebLinkAbout2013-10-28-Meeting Agenda Public Service Committee Meeting Commission Chamber- 10/28/2013- 12:45 PM PUBLIC SERVICES 1. Discussion: consider revocation of the Alcohol License and Business License for Mr. Timothy W. Lowery, d/b/a: Skittlez Bar and Grill, 1855 Gordon Highway, for failure to comply with the Augusta-Richmond County Alcohol Ordinance, Dance Hall Ordinance, and Occupation Tax Ordinance. Attachments 2. Transfer Application: A. T. 13 - 31: A request by Jane H. Young to transfer the Wholesale Liquor, Beer & Wine license used in connection with General Wholesale located at 813 Fifth St to 537 Laney Walker Blvd Ext. District 1. Super District 9. Attachments 3. New Application: A. N. 13 - 30: A request by Melissa Scott for an on premise consumption Liquor, Beer & Wine license to be used in connection Harpo's Lounge located at 2864 Deans Bridge Rd. There will be Dance. District 2. Super District 9. Attachments 4. Motion to approve the minutes of the Public Services Committee held on September 23, 2013. Attachments 5. Consider a request from Paul S. Simon to create a centralized Chiller Plant at the Augusta Conference and Convention Center. Attachments 6. An ordinance to amend the Augusta, Ga. Code, Title Four, by adding a new article to be designated Article 7 and new sections to be designated sections 4-2-77 through 4-2-97; to repeal Augusta, Ga. Code Title Four, Section 4-2-1; to restrict smoking in public places and in places of public accommodation; 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. (Requested by Mayor Pro Tem Corey Johnson) Attachments 7. Discussion: A request by Yajie Qu for a Therapeutic Massage Attachments www.augustaga.gov Operator's license to be used in connection with SHQ Salon & Spa DBA SHQ Massage located at 102 Shartom Dr. District 7. Super District 10. 8. Discussion: A request by Tonyanikka Wright for Therapeutic Massage Operator's license to be used in connection with Ya Mind & Body Relaxation Station located at 3240 - A Peach Orchard Rd. District 6. Super District 10. Attachments 9. Receive report from staff regarding tires left on the property of the closed tire shop located on Martin Luther King Blvd. and Mill Street. (Requested by Commissioner Marion Williams) Attachments 10. Receive as information an update on public transit for ARC as relates to incorporation of new routes, impact of unionization, ridership concerns, and status of new transportation facility, to include contamination issues. (Requested by Commissioner Lockett) (Referred from October 15 Commission meeting) Attachments Public Service Committee Meeting 10/28/2013 12:45 PM Alcohol and Business Licenses Department:Planning & Development Caption:Discussion: consider revocation of the Alcohol License and Business License for Mr. Timothy W. Lowery, d/b/a: Skittlez Bar and Grill, 1855 Gordon Highway, for failure to comply with the Augusta-Richmond County Alcohol Ordinance, Dance Hall Ordinance, and Occupation Tax Ordinance. Background:The owner of Skittlez Bar and Grill has a business license to operate a bar to include dancing, and an alcohol license to serve liquor and beer…At the Commission meeting on June 4, 2013, the Commission approved a 90-day suspension and 1-year probation of the Alcohol License and Business License for Mr. Timothy Lowery, d/b/a Skittlez Bar and Grill. Mr. Lowery completed the suspension and reopened the business…. On October 5, 2013, the Sheriff’s Office inspected Skittles and found that underage patrons were allowed in the business and were being served alcohol. Analysis:The Sheriff’s Office reported the results of the inspection to the Planning & Development Department… Mr. Lowery is on probation because of previous code violations, and he is continuing to violate the Alcohol, Business License and Dance Hall ordinances. The Alcohol License, Dance Hall License, and Business License can be suspended or revoked pursuant to the following Codes: Section 2-1-38 (a) (3): Right to Deny, Suspend, or Revoke A Business Tax Certificate; Section 6-2-74 (a): Probation, Suspension & Revocation (Alcohol License); Section 6-2-19 (f): Furnishing to Minors; and Sec. 6-6-43. Dance halls, (g) Right of suspension by License & Inspection Department. 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 or more of the following exists: (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. Sec. 6-2-74. Probation, Suspension & Revocation (Alcohol License). Any license issued under this Ordinance may be put on probation, suspended and/or Cover Memo Item # 1 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. Sec. 6-2-19 (f). Furnishing to minors—Prohibited. (f) No person who holds a license or is responsible for the day-to-day operation of an establishment holding a license permitting the sale of alcoholic beverages for on-premises consumption shall allow any individual under the age of 21 to be in, frequent or loiter about the licensed premises unless such individual is accompanied by a parent or legal guardian except as provided herein. This prohibition shall apply regardless of whether or not said establishment on said date or time is operating for the purpose of the sale of alcoholic beverages for on-premises consumption, and regardless of what other type of license or business tax certificate said establishment may have. This section shall not prohibit individuals under the age of 21 from being in a qualified eating establishment or entertainment venue as defined in this Ordinance or attending a special event for which a license for a single event is issued pursuant to this Ordinance, and does not apply to such individuals who are employees of the licensee with assigned duties in the licensed premises. Sec. 6-2-20. Same—Penalty for violation. (a) Any licensee hereunder, or any person in the employ of the licensee or any person in the employ of the retail business establishment for which the license was granted, who violates the provisions of section 6-2-19 herein, shall subject the license of the licensee to suspension or revocation, and shall be guilty of an offense and, upon trial and conviction of a misdemeanor, shall be punished by a fine in an amount not to exceed five hundred dollars ($500.00) and/or imprisonment in jail for a period not to exceed sixty (60) days. (b) Whenever an Alcoholic Beverage License(s), under section 6-2-20(a) is suspended, or suspended and made subject to probation by the Augusta-Richmond County Commission for all or a part of said period of suspension, said license shall not be reinstated unless the licensee pays to the County a reinstatement fee of $500.00. Said reinstatement fee shall be due and payable and remitted to Augusta-Richmond County not less than five (5) business days prior to the end of any period of suspension or probated suspension imposed by the Augusta-Richmond County Commission. Only one such fee shall be paid by any one license holder on any one occasion irrespective of the number of licenses to be reinstated. Any fee paid pursuant to this Code section shall be paid into the General Fund. Sec. 6-6- 43. Dance halls. (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 Cover Memo Item # 1 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….. Financial Impact:N/A Alternatives:Suspend the Business Tax Certificate, Dance Hall, and Alcohol licenses. Recommendation:Revocation of the Business Tax Certificate, Revocation of the Dance Hall License, and Revocation of the Alcohol Licenses (Liquor and Beer) Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 1 Public Service Committee Meeting 10/28/2013 12:45 PM Alcohol Application Department:Planning & Development Caption:Transfer Application: A. T. 13 - 31: A request by Jane H. Young to transfer the Wholesale Liquor, Beer & Wine license used in connection with General Wholesale located at 813 Fifth St to 537 Laney Walker Blvd Ext. District 1. Super District 9. Background:The applicant is requesting to be allowed to move there existing business to the new location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay transfer fee of $121.00. Alternatives: Recommendation:Planning & Development recommends approval. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 2 Attachment number 1 \nPage 1 of 2 Item # 2 Attachment number 1 \nPage 2 of 2 Item # 2 Public Service Committee Meeting 10/28/2013 12:45 PM Alcohol Application Department:Planning & Development Caption:New Application: A. N. 13 - 30: A request by Melissa Scott for an on premise consumption Liquor, Beer & Wine license to be used in connection Harpo's Lounge located at 2864 Deans Bridge Rd. There will be Dance. District 2. Super District 9. Background:This is a new applicant for a location that has previously been licensed. Analysis:The applicant meets the requirements of the City Of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro - rated fee of $ 2,258.50. Alternatives: Recommendation:Planning & Development recommends approval. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 3 Attachment number 1 \nPage 1 of 2 Item # 3 Attachment number 1 \nPage 2 of 2 Item # 3 Public Service Committee Meeting 10/28/2013 12:45 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the Public Services Committee held on September 23, 2013. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 4 Attachment number 1 \nPage 1 of 2 Item # 4 Attachment number 1 \nPage 2 of 2 Item # 4 Public Service Committee Meeting 10/28/2013 12:45 PM Paul S. Simon Department: Caption:Consider a request from Paul S. Simon to create a centralized Chiller Plant at the Augusta Conference and Convention Center. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 5 Attachment number 1 \nPage 1 of 1 Item # 5 Attachment number 2 \nPage 1 of 12 Item # 5 Attachment number 2 \nPage 2 of 12 Item # 5 Attachment number 2 \nPage 3 of 12 Item # 5 Attachment number 2 \nPage 4 of 12 Item # 5 Attachment number 2 \nPage 5 of 12 Item # 5 Attachment number 2 \nPage 6 of 12 Item # 5 Attachment number 2 \nPage 7 of 12 Item # 5 Attachment number 2 \nPage 8 of 12 Item # 5 Attachment number 2 \nPage 9 of 12 Item # 5 Attachment number 2 \nPage 10 of 12 Item # 5 Attachment number 2 \nPage 11 of 12 Item # 5 Attachment number 2 \nPage 12 of 12 Item # 5 Attachment number 3 \nPage 1 of 2 Item # 5 Attachment number 3 \nPage 2 of 2 Item # 5 Attachment number 4 \nPage 1 of 5 Item # 5 Attachment number 4 \nPage 2 of 5 Item # 5 Attachment number 4 \nPage 3 of 5 Item # 5 Attachment number 4 \nPage 4 of 5 Item # 5 Attachment number 4 \nPage 5 of 5 Item # 5 Public Service Committee Meeting 10/28/2013 12:45 PM Smoking Ordinance Department: Caption:An ordinance to amend the Augusta, Ga. Code, Title Four, by adding a new article to be designated Article 7 and new sections to be designated sections 4-2-77 through 4-2-97; to repeal Augusta, Ga. Code Title Four, Section 4-2-1; to restrict smoking in public places and in places of public accommodation; 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. (Requested by Mayor Pro Tem Corey Johnson) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 6 Attachment number 1 \nPage 1 of 20 Item # 6 Attachment number 1 \nPage 2 of 20 Item # 6 Attachment number 1 \nPage 3 of 20 Item # 6 Attachment number 1 \nPage 4 of 20 Item # 6 Attachment number 1 \nPage 5 of 20 Item # 6 Attachment number 1 \nPage 6 of 20 Item # 6 Attachment number 1 \nPage 7 of 20 Item # 6 Attachment number 1 \nPage 8 of 20 Item # 6 Attachment number 1 \nPage 9 of 20 Item # 6 Attachment number 1 \nPage 10 of 20 Item # 6 Attachment number 1 \nPage 11 of 20 Item # 6 Attachment number 1 \nPage 12 of 20 Item # 6 Attachment number 1 \nPage 13 of 20 Item # 6 Attachment number 1 \nPage 14 of 20 Item # 6 Attachment number 1 \nPage 15 of 20 Item # 6 Attachment number 1 \nPage 16 of 20 Item # 6 Attachment number 1 \nPage 17 of 20 Item # 6 Attachment number 1 \nPage 18 of 20 Item # 6 Attachment number 1 \nPage 19 of 20 Item # 6 Attachment number 1 \nPage 20 of 20 Item # 6 Public Service Committee Meeting 10/28/2013 12:45 PM Therapeutic Massage Operator's application Department:Planning & Development Caption:Discussion: A request by Yajie Qu for a Therapeutic Massage Operator's license to be used in connection with SHQ Salon & Spa DBA SHQ Massage located at 102 Shartom Dr. District 7. Super District 10. Background:The applicant will employe only state certified massage therapist. Analysis:The applicant meets the requirements of the City of Augusta's Ordinance that regulates Massage Therapy. Financial Impact:The applicant will pay a fee of $121.00. Alternatives: Recommendation:Planning & Development recommends approival. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 7 Attachment number 1 \nPage 1 of 3 Item # 7 Attachment number 1 \nPage 2 of 3 Item # 7 Attachment number 1 \nPage 3 of 3 Item # 7 Public Service Committee Meeting 10/28/2013 12:45 PM Therapeutic Massage Operator's License Department:Planning & Development Caption:Discussion: A request by Tonyanikka Wright for Therapeutic Massage Operator's license to be used in connection with Ya Mind & Body Relaxation Station located at 3240 - A Peach Orchard Rd. District 6. Super District 10. Background:The applicant is a state certified massage therapist. Analysis:The applicant meets the requirements of the City of Augusta's Ordinance regulating Therapeutic Massage. Financial Impact:The applicant will pay a fee of $121.00. Alternatives: Recommendation:Planning & Development recommends approval. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 8 Attachment number 1 \nPage 1 of 3 Item # 8 Attachment number 1 \nPage 2 of 3 Item # 8 Attachment number 1 \nPage 3 of 3 Item # 8 Public Service Committee Meeting 10/28/2013 12:45 PM Tire Shop MLK Blvd and Mill Sts. Department: Caption:Receive report from staff regarding tires left on the property of the closed tire shop located on Martin Luther King Blvd. and Mill Street. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 9 Public Service Committee Meeting 10/28/2013 12:45 PM Update on Public Transit Department:Clerk of Commission Caption:Receive as information an update on public transit for ARC as relates to incorporation of new routes, impact of unionization, ridership concerns, and status of new transportation facility, to include contamination issues. (Requested by Commissioner Lockett) (Referred from October 15 Commission meeting) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 10