ALCOHOL CONTROL COMMISSION. Monday, May 15, 2017

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1 ALCOHOL CONTROL COMMISSION Monday, May 15, 2017 The Alcohol Control Commission met at 6:00 p.m. this date in the Commission Chambers of City Hall, 601 Broad Street. Chairman Davis presided with Commissioner Slack, Commissioner Irmscher, Mr. Doss, Ms. Sheppard, and Mr. Kendrick present. Minutes April 17, 2017 The minutes of the April 17, 2017 meeting, as submitted in writing by the Secretary, were approved by unanimous consent. Locomex, 201 Broad Street The application of Federico Gimenez, owner and manager of Locomex, 201 Broad Street, was presented. Mr. Gimenez requests that a new Beer, Wine, and Liquor Pouring License be issued to him at that location. This is the former location of J. R. Crickets. Although J. R. Crickets purchased a 2017 City of Rome Alcohol License, it does not appear that they have been opened very much in There was a Hearing scheduled tonight for an incident in which Rome Police Officers found individuals inside this location drinking after hours. Mr. Gimenez has returned J. R. Crickets Business License to the City of Rome (which was left on site). He has also furnished a lease between himself and property owner Larry Martin (Real Estate). As a result, the License Hearing scheduled for tonight s meeting has been canceled, and the ACC moves forward in considering Mr. Gimenez s license request. Mr. Gimenez spoke at the podium explaining his business plan for Rome. He has other restaurants in the Carrollton, Villa Rica, and Franklin, Georgia area. He commented on his training program and past experience in the restaurant/alcohol business. After a short discussion regarding Rome s Alcohol Ordinance, Mr. Doss moved to approve the Beer, Wine, and Liquor Pouring License request as submitted, subject to all final inspections and approvals by the appropriate City officials and contingent upon Mr. Gimenez s background investigation being acceptable. Ms. Sheppard seconded the motion, and the vote was unanimously in favor. Hearings Synthetic Marijuana Sales Chairman Davis announced that two Hearings were scheduled for tonight s meeting due to arrests being made by local law enforcement for synthetic marijuana sales. Officer Schwartz, of the Rome/Floyd Metro Task Force, testified that after an investigation and purchases of what was later found to be synthetic marijuana during the summer and fall of 2016, arrests were made in the spring of 2017 for two individuals who were working, at the time of the violations, at the Calhoun Avenue Quick Stop, 1120 Calhoun Avenue and the Rome Mini Mart, 1714 Turner McCall Boulevard. Officer Schwartz stated that unlike typical drugs, synthetic marijuana has to be verified as

2 synthetic marijuana by the Georgia Crime Lab before arrest warrants can be issued. This verification process typically takes several months to complete. Officer Schwartz stated that the lengthy verification process was the reason that warrants were not issued until the spring of 2017 for violations that took place in Calhoun Avenue Quick Stop, 1120 Calhoun Avenue Ms. Siera Blake Sewell, owner and licensee of the Calhoun Avenue Quick Stop, was present along with her attorney Mr. Chris Twyman. Mr. Chris Twyman spoke on behalf of the Calhoun Avenue Quick Stop and explained that, at the time the violations occurred, Mr. Atrikat Singh was employed at the Calhoun Avenue Quick Stop; however, he worked for the previous owner. Secretary Smith verified that on December 28, 2016, an application was filed by Ms. Sewell to transfer the Beer Package License at this establishment to her. Mr. Twyman stated that all documents related to her purchasing this business were effective January 1, Since the violations took place under the previous owner, Mr. Twyman asked the Alcohol Control Commission to not hold the new owner responsible. There was some discussion between the ACC, Mr. Twyman, and Officer Schwartz regarding this business. Mr. Twyman stated that Mr. Atrikat Singh never worked at the Calhoun Avenue Quick Stop under the ownership of Ms. Sewell. Officer Schwartz stated that Mr. Atrikat Singh was later working at the convenient store at 400 Calhoun Avenue, and Ms. Sewell was also seen working in that same establishment. Ms. Sewell stated that she worked there only briefly as a favor to the owner and confirmed that Atrikat Singh never worked for her. Following the discussion by the ACC, Secretary Smith outlined the options that were available to the Alcohol Control Commission ranging from no action up to a recommendation to the City Commission that the license be revoked. The ACC has the ability to recommend a monetary penalty ranging to a maximum of $2,000. Based on testimony heard at this Hearing, there was no penalty recommended by the Alcohol Control Commission. Rome Mini Mart, 1714 Turner McCall Boulevard Mr. Balvir Gujjar, licensee at Rome Mini Mart, 1714 Turner McCall Boulevard, was present. Mr. Gujjar appeared to struggle to understand and speak English. Mr. Malkit Singh was an employee at the Rome Mini Mart, 1714 Turner McCall Boulevard when the sale of synthetic marijuana took place. Mr. Gujjar admitted this and stated that Mr. Singh s employment at his establishment ended in December, During the course of the conversation, it was determined that Mr. Gujjar no longer lives in Georgia. He has moved his primary residence to the State of New York. Rome s Alcohol Code requires that all alcohol licensees lived in the State of Georgia. Officer Schwartz stated that, in addition to Malkit Singh, there were two other individuals at this location who also sold synthetic marijuana. Due to false information given by individuals, he has not been able to locate these two additional culprits for arrest. Officer Schwartz also stated that it is very difficult to determine who owns and works at which convenient store establishments. There seems to be connections between several of the stores, and it appears to be very web-like.

3 Mr. Doss stated that there is a problem in Rome with these types of convenient stores and apparent illegal activities. There was also some discussion regarding the State of Georgia statutes that prohibit local governments from becoming involved in the licensing or regulation of gaming machines. They are very common in many convenient stores. With the discussion concluded, Mr. Doss moved to recommend to the City Commission that the Beer Package License at the Rome Mini Mart, 1714 Turner McCall Boulevard, be revoked. A new qualified licensee would need to apply for a new Beer Package License. Commissioner Irmscher seconded the motion, and the vote was unanimously in favor. Mr. Gujjar was told that this matter will be presented to the City Commission at their meeting on May 22 nd. Mr. Gujjar was invited to attend that meeting and make comments if he would like. He was told that an additional Hearing would not be held, and new evidence should not be presented. Alcohol Ordinance Public Consumption of Alcohol Chairman Davis had asked Secretary Smith to research the cities of Dalton, Roswell, Acworth, and Alpharetta regarding their public consumption of alcohol ordinances. Secretary Smith reported that he had spoken with all four cities and had conversations with officials at those locations regarding the experiences of their public consumption of alcohol ordinance. Each of the four cities stated that there have been no problems associated with this activity. Alpharetta has had their public consumption ordinance in place for approximately five years, while Dalton, Roswell, and Acworth have had their ordinance in place for two years or less. The origination of Acworth s ordinance was because customers would often stand outside an establishment waiting to be seated while drinking alcoholic beverages. The sidewalks in front of these restaurants are narrow with two little room for a sidewalk café. The City of Acworth adopted an ordinance to allow that activity to become legal. The City of Dalton s public consumption ordinance was originated by a request from their Downtown Development Authority. The City of Alpharetta implemented their public consumption ordinance to help their local restaurant industry and to accommodate a food truck park. The City of Roswell explained to Smith that they debated this topic for a long period of time before finally developing an ordinance that was acceptable to the Council. They have two public consumption districts in Roswell, the largest one being their restaurant district. These four cities stated there has not been a noticeable increase in public intoxication, disorderly conduct, or driving under the influence arrests after the ordinances were implemented. In each case, the alcohol consumed must be confined to the specified consumption area (not city-wide), must come from a licensed restaurant within the consumption district, and be consumed in a city-approved cup. After a brief discussion by the ACC, Commission Chair Davis suggested that the next logical move would be for her to seek the opinion of the Downtown Development Authority regarding a similar type ordinance in Rome. This matter will be brought back before the Alcohol Control Commission after the Rome DDA is consulted.

4 Food/Drink Ratio Requirement The Alcohol Control Commission reviewed their discussion of a possible amendment to Rome s Food/Drink Ratio requirement. Secretary Smith redistributed a survey sheet that was discussed at the March ACC meeting. These sheets displayed the result of a 16-city survey regarding the Food/Drink Ratio. Of the 16 cities surveyed, only the cities of Kennesaw, Marietta, and Acworth do not currently have a food/drink ratio. The other cities of Cedartown, Statesboro, Gainesville, Smyrna, Columbus, Cartersville, Dalton, Valdosta, Brook Haven, Milton, Johns Creek, Roswell, and Alpharetta still have a food/drink ratio the overwhelming majority of these being a 50/50 ratio similar to what is in place in Rome. Chairman Davis stated that the City of Roswell is currently debating the merits of their food/drink ratio. Secretary Smith also presented a sheet outlining some possible options for amending the food/drink ratio. Option 1 - Do nothing and leave our 50/50 food/drink ratio in place. Those establishments that pour distilled spirits must sell at least as much food as they do distilled spirits. Beer and wine pouring does not require food sales. Option 2 - Eliminate food/drink ratio. Those establishments that pour distilled spirits would no longer be required to have a restaurant. Option 3 Modify the food/drink ratio. a) Lower the ratio (ex. 25% food to 75% alcohol). b) Gradually lower the ratio. Reduce it by 10% per year until it is eliminated. c) Eliminate the ratio for all establishments except those that offer entertainment with an admission charge. d) Keep the current ratio in place, but allow the ratio to be met with items other than food (ex: the Cartersville ordinance that allows a cigar bar to count tobacco product sales toward the ratio). Smith emphasized that this document was distributed as a conversation starter and was not intended to be an all-inclusive list of options. He did explain that item 3 c), which would eliminate the ratio except for those establishments that offer entertainment with an admission charge, was intended to allow establishments such as Old Havana Cigar Bar and Off Broad (Hawthorn Suites) to offer distilled spirits without food sales, but would require establishments that offer entertainment with an admission charge, like the Rome City Brewing Company, to continue to adhere to a food/drink ratio. This option would allow any hotel to offer full pouring services without meeting a food/drink ratio. The ACC continued to debate the merits of the food/drink ratio noting that it is surprising that most comparable cities, especially some of the newly formed metro cities, do have a food/drink ratio. It is speculated that one of the reasons a food/drink ratio continues on in so many cities, is an attempt to control entertainment venues that serve distilled spirits, but are not restaurants.

5 Secretary Smith explained that another item that he would like for the ACC to analyze this year is the City of Rome s alcohol fee structure. This structure has not been significantly amended, or studied in depth, in many years. Public Comments Dr. Clementine Slack, 1306 Nelm Street, and Ms. Angela Dollar, 34 Southern Woods Drive, Armuchee, addressed the ACC regarding current topics. Dr. Slack encouraged the ACC to continue to look for ways for Rome to progress while still remaining family oriented. She had some requests regarding access to ACC handout material and a brief question regarding the logistics of the recommended license revocation for Rome Mini Mart. Ms. Dollar encouraged Rome to keep the 50/50 Food/Drink Ratio in place if it is decided to pursue an open container ordinance. Her concern is that downtown Rome could be inadvertently changed in a negative way with the proposed ordinance amendments. She also suggested that, while not necessarily comparable to Savannah s entertainment district, Rome may have a larger downtown restaurant and night life area than the cities of Roswell, Acworth, Alpharetta, and Dalton who implemented the public consumption ordinance. Chairman Davis thanked these ladies for attending the meeting and expressing their opinions. Police Report Rome Major Rodney Bailey was present and reported there were no alcohol related arrests to report to the ACC. Adjourned With there being no further business, Chairman Davis adjourned the meeting at 7:55 p.m. Joseph F. Smith City Clerk