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June 6, 1994 Council MeetingJune 6. 1994 The regular scheduled meeting of Mayor and Council was held June 6, 1994, at 7:30 p.m. o'clock. The meeting was called to order by presiding officer Mayor A. Max Bacon. All Council members were present. Also present was City Clerk Melinda Dameron, City Administrator Bob Thomson, City Attorney Charles E. Camp, Police Chief Stan Hook, Finance Director Jim Triplett, Fire Chief Larry Williams, Library Director Laurel Best, Parks and Recreation Director Steve Ciaccio, City Engineer Ken Hildebrandt, Public Works Director Larry Dunn, Chief Building Inspector Scott Stokes and ±~"` representatives of the press. Invocation was given by Councilman Pete Wood followed by the pledge to the flag Mayor Bacon recognized Cody Wehunt as being present. Cody is a Boy Scout working on his Eagle Scout degree and is the son of Captain Sam Wehunt of the Smyrna Fire Department. Mayor Bacon also recognized Shawn Cochran, Chairman of the Planning and Zoning Board and asked him for a report from the Planning and Zoning Board. Mr. Cochran stated the Council had commissioned a study to be conducted by Mr. John Moeller on Smyrna's Apartment Density. Mr. Cochran further stated the Board had received the study and reviewed with the Mayor and Council at a work session held in May. He indicated the Planning and Zoning Board met again to review the study and by unanimous vote recommends the acceptance of the study. Councilman Hawkins made a motion to accept the Smyrna Apartment Density Study. The motion was seconded by Councilman Wood. Motion was approved 7-0. Mayor Bacon then recognized those present who are running for public office. Mr. Randy Sauder, candidate for House of Representatives, District 29, came forward and stated June 6, 1994, is the 50th anniversary of D-Day and expressed his appreciation to those who served to protect the freedoms we enjoy. He also urged everyone to vote in the July 19 election. Ms. Mary Beverly, candidate for the Cobb County Board of Education, Post 2, stated she was looking forward to being elected for that position and to serving Smyrna. Mr. Richard Day, candidate for House of Representatives, District 29, stated he has been active in Smyrna's community for the past twenty years. He urged everyone to vote in the July 19 election. Mr. Ken Nichols, candidate for House of Representatives, District 29, stated he is also urging everyone to vote in the July 19 election. He further stated he will be pro-education and anti-crime and looks forward to serving the community. Mr. Pat McPherson, candidate for House of Representatives, District 29, stated he too urged everyone to vote in the July 19 election. He further stated he has been in business for twenty-three years and feels a businessman is needed in the State House of Representatives. Councilman Wood stated he would like to express his appreciation to those who served in the D-Day Invasion, June 6, 1944, and recognized Smyrnan T. L. Dunn who served during that time and lost a leg in the invasion, returned to the community and lived and worked in the community for many years. He further stated Mr. Dunn passed away on Sunday, June 5 and expressed his condolences to his family. CITIZENS INPUT: Nothing to report. PUBLIC HEARINGS: (A) Agent Change -Buffalo Bob's Original Wings Councilman Wood made a motion that the hearing for the Agent change at Buffalo Bob's Original Wings be deferred on the agenda until after the Show Cause Hearing (Item 8-A) and be identified as Item 8-B. The show cause hearing is for Buffalo Bob's Original Wings. Councilman Scoggins seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: June 6 1994 Council Meeting -continued (A) Appointment to Clean City Commission -Ward 3 Councilman Scoggins asked Ms. Sandi Sands to come forward. Mr. Scoggins stated Ms. Sands has volunteered to serve as the Ward 3 representative to the Clean City Commission and made a motion that Ms. Sands be appointed to serve in that capacity. Motion was seconded by Councilman Lnenicka. Motion was approved 7-0. (B) Set Qualifying and Election Date for Civil Service Election Councilman Lnenicka stated the term of Mr. Wink Winkenhofer expires July 10, 1994, and was elected to serve on the Board and has served since 1988 filling the unexpired term of Ted Farland. The upcoming election will befor afour-year term and the following requirements must be met in order to qualify for this position. 1. Can not hold any office of profit or trust under the City/County/State. 2. Can not be less than 25 years of age. 3. Must be a bona fide resident for at least one year prior to the election and a qualified voter of the City. Mr. Lnenicka then made a motion to set the qualifying date for election to the Civil Service Board to run from June 13 to June 24, 1994 and set the election date for June 27, 1994, from 7:00 a.m. to 5:00 p.m. Motion was seconded by Councilman Scoggins. Motion was approved 7-0. (C) Ordinance Amendment -Appendix D, Section 2, Sub-Section (4) - Cul-de-sacs on Residential Streets Mr. Thomson stated that cul-de-sacs on residential streets shall be a minimum of fifty (50) foot radii of paved surface and sixty (60) foot radii right of way when the developed length of such cul-de-sac is over 150 foot, cul-de-sacs 150 foot or less shall be provided at the closed end with a turnaround that may be a minimum forty (40) foot radii of paved surface and fifty (50) foot radii of right of way. Mr. Thomson further stated the purpose is to bring the Ordinance into conformance with the N.F.P.A 1 Fire Prevention Code and the limited turning radius of the ladder truck. Councilman Newcomb stated these are technical amendments to the Ordinance that will enable us to meet the fire codes at the end of cul-de-sacs. He further stated there must be a turning radius and right of way .. that will allow the truck the ability to turn around. Mr. Newcomb then made a motion that the Ordinance be amended to add Appendix D, Section 2, Sub-section (4)c be approved. Motion was seconded by Councilman Cramer. Motion was approved 7-0. (D) Ordinance Amendment -Appendix D, Section 2, Sub-Section (d) - Cul-de-sacs on Office/Commercial Streets Councilman Newcomb stated this is needed to bring the code in compliance with N.F.P.A. 1 Fire Prevention Code and made a motion the following ordinance amendment be approved. Cul-de-sacs on office/commercial streets shall be a minimum of fifty (50) foot radii of paved surface and sixty (60) foot radii of right of way when the developed length of such cul-de-sac is over 150 foot, cul-de-sacs 150 feet or less shall be provided at the closed end with a turnaround that may be a minimum forty (40) foot radii of paved surface and fifty (50) foot radii of right of way. Motion was seconded by Councilman Hawkins. Motion was approved 7-0. (E) Ordinance Amendment -Appendix B, Article VII, 706.8 - Cul-de-sacs Greater in Length than 150 Feet Councilman Newcomb stated this amendment is also required to bring the code in compliance with N.F.P.A. 1 Fire Code and made a motion the following Ordinance amendment be approved. Cul-de-sacs greater in length than 150 feet shall be provided at the closed end with a turnaround of fifty (50) foot radii of paved surface and sixty (60) foot radii of right of way. Cul-de-sacs 150 feet or less shall be provided at the closed end with a turnaround that may be a minimum forty (40) foot radii of paved surface and fifty (50) foot radii of right of way. Motion was seconded by Councilman Hawkins. Motion was approved 7-0. (F) Adoption of Burial Disturbance Permit Requirements Mr. Thomson stated the Smyrna Cemetery Association, working with the City attorneys, drafted the requirements for Burial Disturbance Permits to be administered by the City Inspection Department. The June 6, 1994. Council Meeting -continued requirements are in conformance with state law and are recommended by the Historical Review Committee. Councilman Scoggins made a motion the requirements as presented to the Council in writing and on file in the City Clerk's office be adopted. Mr. Scoggins stated this ordinance revision is the direct result of the new Cemetery Association and states you can not go through the burial disturbance process without ~* meeting the requirements stated in this document. Councilman Hawkins seconded the motion. Motion was approved 7-0. (G) Acceptance of Apartment Density Study Councilman Newcomb stated the acceptance of this study was approved during Mr. Shawn Cochran's presentation earlier this evening. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of May 16, 1994, Minutes (B) Approval to Install "No Overnight Parking Signs" on Lexington Trace Drive (C) Approval to Advertise for Abandonment of Alleyway on Roswell Street (D) Transfer of CDBG Funds from Dell Avenue Water Line to Cobb Park Construction ~- Councilman Hawkins stated in reference to Item D that the Dell Avenue Water Line project has been completed and the amount of money be transferred is surplus funds and will in no way affect the Dell Avenue water line. Councilman Hawkins made a motion the consent agenda be approved. Motion was seconded by Councilman Cramer. Motion was approved 7-0. SHOW CAUSE HEARING: (A) Buffalo Bob's Original Wings - 4924 South Cobb Drive, Suite E Mr. Thomson stated the notification to suspend the alcoholic beverage license for Buffalo Bob's Original Wings was hand delivered May 26, 1994, and Mr. Liss was instructed to attend the Show Cause Hearing this evening. Mayor Bacon asked Mr. Liss to step forward and City Attorney Chuck Camp administered the oath to Mr. Larry Liss, Lt. Jce Martin, Francine Humphries, Jan Liss, and Michelle Armourer. Councilman Wood stated in October, 1993, the Mayor and Council approved a Ms. Donna Nelson as the agent of record for the alcoholic beverage license for Buffalo Bob's Original Wings, Inc. He further stated that on March 2, 1994, an application was submitted for a new agent to be Jan W. Liss and upon the completion of the investigation conducted by Lt. Jce Martin it was discovered that Ms. Liss did not live in Cobb County. At that time, with a false application, the Mayor and Council gave Buffalo Bob's thirty days to submit a new application. Mr. Liss was informed on March 18, 1994, that he had thirty ~.,, days to acquire that agent and have that person approved. He further stated that on May 5, 1994, based on information supplied by the City Business License Officer Mike Hickenbottom, a new application was submitted for Robin Witherspoon to be the new agent. According to the Business License Officer check number 802 for $400 was written to cover the advertising fees and the check was returned to the City of Smyrna on May 10, 1994, with the words "Account in the process of Closing" stamped on the face of the check. Mr. Wood further stated Mr. Hickenbottom called Mr. Liss and informed him the check had been returned and that Buffalo Bob's was in arrears on the 3% Liquor Tax. Mr. Liss then informed Mr. Hickenbottom that he would be in to take care of the check and the tax. Mr. Hickenbottom then informed Mr. Liss the matter needed to be taken care of by May 20, 1994, so that the business license department would have time to prepare the proper paper work for the new agent. Mr. Liss stated he would take care of the matter in a timely fashion. Mr. Wood indicated the next step in this process was on May 26, 1994 when Lt. Joe Martin served papers to Ms. Jan Liss informing her of the suspension of June 6. 1994. Council Meeting -continued the alcoholic beverage license for Buffalo Bob's Original Wings based on a letter issued by the Mayor of the City of Smyrna. Mr. Wood also stated that on May 29, 1994, Buffalo Bob's, who had been informed their license had been suspended and that they could not serve alcoholic beverages, served two undercover members of the Smyrna Police Department alcoholic beverages in the form of beer at Buffalo Bob's. The server at that time was cited for violation of the code and in fact had served alcoholic beverages within the City limits by a business that did not have a proper license. Mr. Wood then asked Mr. Larry Liss, acting manager of Buffalo Bob's, Ms. Jan Liss, sole corporate officer of Buffalo Bob's Original Wings, Inc., and their attorney Mr. David Cole to come forward and asked them to explain their position and to ask the Mayor and Council whatever they wish. Mr. Cole asked if this would be a testimonial type of hearing and Mayor Bacon responded stated if they desired, Lt. Martin would speak first and then Mr. Liss could speak afterwards. Councilman Wood explained to Mr. Cole that the hearing is recorded. Lt. Martin stated this incident began a week ago Thursday when he was approached by agent Jeff Jones, State Department of Revenue, who came to his office and stated that he had a problem with Buffalo Bob's on the state level through the Department of Revenue for a bad check for the State license and that Buffalo Bob's was under probation at that time and that he intended to suspend the State license. Lt. Martin further stated that after Mr. Jones had told him this, he contacted Mike Hickenbottom, Business License Section, and was advised that the check Mr. Liss had written the City of Smyrna for the agent change also was a bad check and that several months had gone by and he had not paid his alcohol tax to the City. At that point, he contacted the Mayor and advised him of the situation and it was decided to suspend Buffalo Bob's license for the fact that their check for the agent change had been insufficient funds, they had not paid their alcoholic beverage tax for several months, they did not have a standing agent with the City for the business. Mayor Bacon asked if there were any questions of Lt. Martin. There were none. Lt. Martin then stated that on May 29, a Sunday evening, he sent an agent from the Smyrna Police Department (Francine Humphries) and the Parks and Recreation Department (Ken Kelmer) to Buffalo Bob's after the license had been suspended, and they were instructed to see if Buffalo Bob's would serve them alcoholic beverages. They did in fact buy three beers at that location and were served by Ms. Michelle Armourer who was working for the business at that time. Lt. Martin further stated that when he entered the business along with Jeff Jones, State Department of Revenue, after they had been served the alcohol, both agents told him they had been served alcohol. Upon checking with the waitress she originally told him they had brought the alcohol in with them, but then she decided they had in fact, been served, that she had served them alcohol at Mr. Liss' instructions. At that time, Lt. Martin cited her for serving alcoholic beverages without a license. Councilman Wood then asked if there were any other questions. Mayor Bacon stated that either way, you are not allowed by law to bring in your own brown bag under the City Ordinance. Councilman Wood then asked Mr. Liss and Mr. Cole to step forward. Mr. Cole stated that Mr. Liss had asked him to make the opening statement for him. He stated Mr. Liss has been running this business for a couple of years and it has been a business that has been run well and without a lot of police intervention or any problems that have occurred in the past in that manner. He further stated that basically what happened here and their position is that there has been some administrative problems that have occurred partly and due to the fact that there had been a bookkeeper employed by Mr. Liss who was not managing the business properly and that she allowed him to get behind on not only the tax but other things aswell - -- the rent and that sort of thing and a lot of these were unbeknownst to him and he did finally terminate her. He stated Mr. Liss now has a new person that is working with him and he expects for that to run more smoothly. He again stated they have had little to no police involvement in that situation and he had, in regards to the person who sold the alcohol to the undercover officers, instructed her not to do so and she had been working with him for some time knowing that she did not have a pouring permit, was not pouring alcohol at any time but on this one particular occasion while Mr. Liss was not directly there supervising her when the restaurant was otherwise occupied by people eating and drinking iced tea, coca cola and that sort of thing with no problem going on and she on her own volition decided to pour this alcohol at which point she was terminated promptly by Mr. Liss. He also stated there had been problems with her in the past and he had tried to give her a second chance. He stated Mr. Liss had originally attempted to list as his agent his sister, who actually owns the corporation, and they had rented a facility in Cobb County near this particular establishment which they would stay at quite frequently and did not June 6, 1994, Council Meeting -continued understand fully the definition of domicile and residence and things of that sort, and the problem that he would have if she actually also resided at another location. He believes with the lieutenant's investigation, not speaking with Ms. Liss directly, but with a family member he had been informed that she was living with her mother but she failed to mention that she also resided elsewhere. But nonetheless to correct that, he had sent in his application and is here today for your questioning and answering if you so desire the person who is designated to be his new agent, who does reside in Cobb and is eager to work ~* in his business and who will also be working as a bookkeeper in his business and will work to keep these things on track and he understands this is a very serious situation and is here and does not deny the facts that basically have occurred but we would like the opportunity to explain some of why they happened. He also stated that he felt if everyone looked inside their hearts and souls we could come up with the opportunity that people do make mistakes and he would like a second chance to keep this straight and to keep it on track and will vow to do that. He stated he would work with Mr. Liss to review the laws according to this to make sure he fully understands that. He stated they would like a second chance based on that there is no deliberate attempt to deceive the city, that there was no active participation and regularly selling alcohol in this situation and that it was more of an isolated incident which is unfortunate that the young lady succumbed to the pressure of someone who wanted alcohol very strongly and otherwise had not served anybody. He then thanked the Mayor and Council for listening to his opening remarks. Councilman Wood then asked if there were any questions of Mr. Cole or Mr. Liss. Councilman Newcomb stated that since everyone seemed to agree on the facts that they were not in dispute, it appeared to him that what it boiled down to is that the attorney is asking for a second chance, that he was asking the council to make an evaluation as to whether or not the city could have good faith that he was going to not let this happen again, etc. Mr. Newcomb then stated he had a couple of questions he would like to have answered. He asked why Mr. Liss, who is not the owner and not the agent, was present and why the attorney keeps talking about Mr. Liss why Mr. Liss was not present to supervise the employees, etc. Mr. Liss responded he runs the business as the manager for his sister who does own the business outright and she does work there everyday. Councilman Newcomb then asked if Ms. Liss owns the business 100% and Mr. Liss responded that was correct. Councilman Newcomb then stated that Ms. Liss was present tonight but that Mr. Liss is answering all the questions and Mr. Liss responded that was correct. Mr. Newcomb then asked Mr. Liss if he manages the business on a day-to-day basis and Mr. Liss responded yes, every day. Mr. Newcomb then asked if there was any reason Mr. Liss had not applied to be the agent and Mr. Liss responded that he has lived in Fulton County for the past thirty-two years and that he has just moved to the county with a permanent address and he thought by renting a house on Oakdale Court that would be good enough but Mike said it was not permanent as he was sharing it with another person so since that time he has rented a full-time apartment in his own name. Councilman Newcomb stated he has a problem that someone is standing before this council asking for a second chance who is neither the owner nor the agent nor seeking to be the agent and indicated Mr. Liss is not really in the loop in terms of responsibility for this place. He further stated that under the Ordinance either the owner is responsible or the agent is responsible, but that Mr. Liss is neither. Mr. Liss responded he is seeking to be the agent and that is why he moved into the county. Mr. Newcomb then stated that Mr. Liss has never been the agent and is not on the application. Mr. Newcomb then asked how many agents have been through Buffalo Bob's in the last one to two years. Mr. Liss responded Jason Hearst who decided he was going back to school, then Donna Nelson, who was there a year and a half who then left due to problems with her family and then she wanted to come back. He stated he called the city but was told since she was taken off she could not come back on. Then there was one other person and that was it. Mr. Newcomb stated there had been some turnover in agents. Mr. Liss responded he thought with having help there is always some turnover in that type of business. Mr. Newcomb then asked if the person that ended up messing up his finances is the same person that was the agent. Mr. Liss responded no, that her name was Jan Nelson who was hired strictly for bookkeeping and marketing. Mr. Newcomb asked who was the agent the last time Mr. Liss was before the Mayor and Council and Mr. Liss responded Donna Nelson. Mr. Newcomb asked if these were two different people and Mr. Liss responded yes. Councilman Wood asked if there were any additional questions of Mr. Liss or Mr. Cole. Councilman Wood then asked Lt. Martin that in reviewing the Police Report for the 05/29/94 incident when the waitress at Buffalo Bob's was cited for violation of City ordinance he had mentioned comments about June 6 1994 Council Meeting, -continued working with Sgt. Jeff Jones, Georgia Department of Revenue, and again I believe you stated that the State had suspended or terminated their licensing process for this firm? Lt. Martin responded that according to Jeff Jones, he advised him that the state license has also been suspended. Councilman Wood stated that the report also indicates that when the two people sent in (Officer Humphries and Park Ranger Kelmer) that they were served beer in styrofoam cups and they also said there were numerous, or some other, people in the establishment at the time that had styrofoam cups but they obviously could not confirm what may or may not have been served in those cups, is that correct? Lt. Martin responded that was correct. Councilman Wood then asked Lt. Martin if he had any other input for the council relative to this matter. Lt. Martin stated that he would ask that the council talk to Francine Humphries, one of the agents he sent into the property, and also Ms. Armourer who is the person I charged (the waitress) and she is also here if you would care to speak to her. Councilman Wood then asked if they were both sworn in and the response was yes. Mr. Wood then asked Ms. Armourer to come forward. Councilman Wood asked for the record if she was Michelle Armourer and she responded yes. He then asked if on May 29 she was employed by Buffalo Bob's Original Wings and she responded yes as a manager. Mr. Wood then asked if on that night, on that occasion, did she serve the two Officers Humphries and Kelmer at Buffalo Bob's and she responded yes, under Mr. Liss' instructions. Mr. Wood then asked if she served them food and alcoholic beverages and Ms. Armourer responded yes. Mr. Wood then asked if before she served them did she inquire as to whether she could legally do that or not and she responded yes. Ms. Armourer stated they came in and sat down and she remembered specifically that they sat down and asked if they could have a beer and she responded she could not serve them. She further stated that at some point she went to the kitchen and asked Larry (Liss) if she could serve them and he told her to go ahead and do it just as long as it was in styrofoam cups. She further stated she did so and went back to the table and told the lady in question (the undercover officer) that she could serve them but it would have to be in styrofoam cups and indicated Ms. Humphries had seen her go into the kitchen and ask Mr. Liss as she was facing the kitchen. She also stated that when she came back she indicated to them that she could under his instructions but that it had to be in styrofoam cups. Councilman Wood asked if Larry Liss specifically told you to do this. Ms. Armourer stated yes, that at the time Mr. Liss was cooking as he had fired the cook and he was cooking as well. Mayor Bacon asked Ms. Armourer if she worked Thursday, Friday and Saturday night also. Ms. Armourer responded she did not work Thursday but when she came into work on Friday Mr. Liss said that due to paperwork problems the $400 application fee that the City of Smyrna had made a paperwork problem and that he had to call the Mayor on Tuesday and it would be all straightened out on Tuesday -- no problem. She further stated he never said anything about the license being suspended or revoked or anything like that and that is what she was led to believe. She also stated that if she had known it had been suspended or revoked or that it was as serious a charge as it was she would not have let him induce her into doing such. Mayor Bacon asked Ms. Armourer if she served any alcoholic beverages on Friday and Saturday night. Ms. Armourer responded she did not because she remembered the same couple was in there on Friday night and she did not and she did not work Saturday night. Mayor Bacon then asked if on Sunday did she serve alcoholic beverages to more than one person. Ms. Armourer responded that yes she did because she was told to serve the regular customers in styrofoam cups. Councilman Wood asked Ms. Armourer to relate to the Mayor and Council the occasion where it was observed a patrol car or other vehicle of the Cobb County Police Department came into the parking area. Ms. Armourer responded that Cobb County did pull into the parking lot and he ran around to the bar and threw the cups out and asked her to go to the tables and throw away the cups and this is when the undercover people were in there so that's how you know of that incident. She further stated she went and threw away their cups and after Cobb County pulled out he told her to go and give everybody back their beer and she did. Councilman Wood asked Ms. Armourer if she served others again -other than Officers Humphries and Kelmer. Ms. Armourer responded she did. Councilman Wood asked if there were any other questions of Ms. Armourer. Councilman Scoggins asked if Cobb County came in and poured the beer out and Ms. Armourer responded no that Mr. Liss noticed a car pulling into the parking lot and then he went and threw away the cups at the bar and asked her to go to the tables and throw away the cups at the tables. Mayor Bacon asked Ms. Armourer if she is employed now by Buffalo Bob's and Ms. Armourer responded no that she had called him that night and told him that she was officially resigning because she plans to start law school in the fall and she had stuck around to help Larry out because he had been having financial difficulties and she had told him she would stick around and help him out. She also June 6. 1994, Council Meeting -continued stated that on Sunday night when he called her house to tell her that it wasn't a big deal, it would all be straightened out when he called the Mayor on Tuesday, no big deal, she told him that she officially resigned because she couldn't be a part of it. Councilman Hawkins then asked Ms. Armourer if she denied the statement Mr. Liss made earlier that he terminated her immediately. Ms. Armourer responded yes sir and she also stated that her mother had instructed her to write a letter to Mr. Liss and mail it to him which now she wishes she had done because she would have it in writing but she did not and does not have it in writing. She stated Mr. Liss called her that evening to tell her it was not a big deal and not to worry about it and she told him, and her husband can witness to it, that she told him she was sorry but that she had to officially resign. Councilman Wood asked if there were any more questions of Ms. Armourer. Councilman Lnenicka stated he appreciated Ms. Armourer's candidness and honesty. Ms. Armourer stated she apologized and if she had known it was such a serious thing, just like driving with a suspended driver's license, for serving liquor that that's pretty serious. City Attorney Chuck Camp stated that due process requires you to allow Mr. Liss' attorney to question Ms. Armourer. Mr. Cole stated he would do so. Ms. Armourer then asked if she needed an attorney as her attorney did not show up tonight as she was told she was just going to talk to the Council and if she is going to speak with another attorney she thought she might need to have her attorney present. She further stated that her attorney had indicated to her that it would just be in front of the Mayor and Council and there would be no need for her to be there. City Attorney Chuck Camp stated that if she was going to be questioned and he did not know what Mr. Cole might ask her, if you are questioned on anything that you think might incriminate you, then you can plead the Fifth otherwise you have to subject yourself to cross examination. Ms. Armourer said OK. Mr. Cole asked Ms. Armourer about the several drinks in styrofoam cups and weren't all the drinks ~..- served in styrofoam cups. Ms. Armourer responded no they were not. Mr. Cole then asked if she was saying they never used styrofoam cups and she responded never -that he usually used beer cups which are plastic but that he had run out that weekend so they had been serving the beer in pitchers and he would not even let her serve it in pitchers because if someone walked in there, there would be a pitcher of beer sitting on the counter. Mr. Cole then asked if there were styrofoam cups in other places because the other cups were out. Ms. Armourer responded some of them yes but there were still drink cups for serving liquor. Mr. Cole then asked if she had ever applied for a license and Ms. Armourer responded yes and he asked her why it was not granted and she responded it was not granted because she left in the middle of the application process and when she came to get her liquor license she did not intend to stay with Buffalo Bob's for very long because she planned to start law school in the second summer quarter of this year and there is a lot of paperwork process that you have to go through to get your liquor license and she did not complete that. Mr. Cole asked ...to get a serving license? Ms. Armourer responded yes. Mr. Cole then asked her to tell everyone why she left the Police Department with her fingerprint card. She stated she did not feel it was necessary to go through with that process as she knew she was not going to be working there for much longer. Mr. Cole asked if there were some outstanding warrants for her and she responded no there were not and have not been. Mayor Bacon stated he did not think that had anything to do with the issue before the council that the issue was if alcoholic beverages were sold at that business location. Mr. Cole responded that he was trying to determine her credibility and did not intend to pursue it. Mr. Cole then asked Ms. Armourer if she had stated she had walked to the back of the restaurant and asked Mr. Liss about serving and she responded she walked directly to the kitchen, the table was number two and the lady was facing the kitchen and at some point after a couple of minutes left the table, walked directly to the kitchen and Larry was standing in the doorway and she did ask him. ,,~,,,,,, Mr. Cole asked if anyone heard her ask him that and she responded no that they were the only ones there, that they were the only two working that day. Mr. Cole then asked if she had served anyone else that day. Ms. Armourer responded that she had just told the council that she did and Mr. Cole asked if Larry was in the kitchen that whole time and she replied yes and if his phone conversations were recorded that day they would have a record of her call at to him at 3:30 p.m. when she asked if she needed to come into work as he wasn't very busy and he indicated to her on the phone that he was a little bit busy and as a matter of fact was serving beer out of styrofoam cups. She stated she asked him at that point if that was a wise idea because he had told her on Friday not to do it. Mr. Cole then asked if she did it anyway, knowing that he didn't have a license. Ms. Armourer responded that she did not know that, that he had just said it was a paperwork problem and that he was going to call the Mayor on Tuesday, that they claimed he owed them $400 and they had never notified him and that was all it was but he never indicated, never said to her, never indicated to her that it was a suspended license, never. June 6 1994 Council Meeting -continued Mr. Cole asked if she had to have a pouring permit, and she responded she was not a bartender and did not have to have a pouring permit, she was employed there as manager. Mr. Cole then asked if you were going to serve, you would have to have a permit. Ms. Armourer responded that on Sundays, you can not just go and get a permit for one day. Mr. Cole then stated that in order to serve, you would have to have a permit. Ms. Armourer then asked the Council if she had to continue with this interrogation. Mayor Bacon responded yes. Mayor Bacon then asked Mr. Cole if he was saying Ms. Armourer was illegally serving alcohol on top of the other charge. Mr. Cole stated he was trying to establish if she knew whether or not she had to have a pouring license. Ms. Armourer responded if you were a .. bartender you have to have a pouring license. Councilman Cramer stated this would fall back on the agent who held the license and Mayor Bacon stated that was correct and would be Ms. Liss' responsibility. Mr. Cole then stated he was just trying to determine if Ms. Armourer understood the requirement for a permit. Mr. Cramer stated to Mr. Cole that he could not badger her because of that and Mr. Cole stated he was not trying to badger her. Mayor Bacon then asked if there were any other questions and thanked Ms. Armourer. Councilman Wood then asked Officer Francine Humphries to come forward. He then asked her if she had heard what had been stated here tonight and did she acknowledge that she was at Buffalo Bob's on May 29, 1994, and was served alcoholic beverages in the form of beer in styrofoam cups, and asked if that was correct. Ms. Humphries stated that was correct. Mr. Wood then asked Ms. Humphries to tell the Mayor and Council her version of the facts that occurred at that occasion. Ms. Humphries stated that on 05/29/94 at 8:10 hours, she and Park Ranger Ken Kelmer entered Buffalo Bob's on South Cobb Drive and that they were agents with Lt. Martin, Smyrna Police Department, and Sgt. Jeff Jones. She further stated they were there attempting to purchase alcohol from this business and that their alcohol permit had been revoked. She stated that after sitting down they were approached by a waitress and Ken asked the waitress if they were selling beer today and she responded no, not really. She stated that Ken then asked for a Zima, which is a malt beverage, and that the waitress did not respond to this request as she had left their table and gone into the kitchen area. She further stated that the waitress returned a short time later and asked what kind of beer they would like and stated they had Coors and Coors Light; she and Ken then asked for Coors Light which she did serve in styrofoam cups. She indicated there were approximately eighteen to twenty other customers, most of whom were drinking from styrofoam cups. She stated that while in the restaurant Ken noticed a Cobb marked police unit in the parking lot outside, after this the waitress came back to their table and took their drinks and said sorry guys I gotta take this. Officer Humphries then stated she observed the waitress remove cups from other customers, only a few, but was unable to determine what they were drinking. She further stated that after the Cobb police unit left, the waitress returned with two fresh beers and shortly after this she (Ms. Humphries) had called Joe Martin and Sgt. Jones on their phone. She stated after Lt. Martin and Sgt. Jones had entered the restaurant, the waitress approached her and stated please, please tell them you brought the beer in and Officer Kelmer did say she was Ms. Armourer. Officer Humphries stated this concluded her report. Councilman Wood asked Officer Humphries if she was saying under oath that she was served and were served once and then after the cups were picked up when a police car from Cobb County came into the parking lot was served a new cup of beer. Officer Humphries responded, yes, two fresh beers. Councilman Hawkins asked Officer Humphries if she observed the waitress going back to the kitchen area and talking to the cook in any way or were you in a position to see where she went. Officer Humphries responded she saw her go back into the kitchen area but did not see her talk to anyone. Councilman Hawkins asked Officer Humphries if she could see back into the kitchen area and Officer Humphries responded no, she could not. Councilman Hawkins then stated that Officer Humphries could not say whether they had a conversation or not and Officer Humphries said she could not. Councilman Hawkins then asked if Officer Humphries could or could not testify if Mr. Liss told the waitress to do what she did or if she did it on her own. Officer Humphries responded no. Councilman Newcomb stated that the waitress testified at one point that when the officer was seen in the parking lot that everyone ran around and threw away the cups as you testified yourself and then asked Officer Humphries if she saw Mr. Liss collecting any cups. Officer Humphries responded she did not. Councilman Wood asked if there were any other questions of Officer Humphries. June 6. 1994. Council Meeting -continued Mayor Bacon asked Officer Humphries if she stated she had seen Styrofoam cups but could not tell if there was beer in them. Officer Humphries responded she could not, that she did see several at the bar but could not tell if they were alcohol. Mayor Bacon then asked if when the police car appeared did the drinks disappear and Officer Humphries responded they did disappear. Councilman Cramer asked Officer Humphries when she called Lt. Martin and when they came into the restaurant, were all the rest of the styrofoam drink cups still sitting there and Officer Humphries responded yes. Councilman Cramer then asked if Lt. Martin and Sgt. Jones checked the rest of the cups that were sitting out and Officer Humphries responded they had gone back behind the bar but she did not see that. Councilman Wood asked if there were any other questions. There were none. He then thanked Officer Humphries. Mr. Cole then asked Officer Humphries if she would tell him where was the young lady when she poured the beer in the cups, was she behind the bar or did she notice. Officer Humphries stated she did not notice at the time. Councilman Wood then asked Mr. Liss to come forward. Mr. Liss stated Ms. Armourer had been working with him for at least a year and when Ms. Donna Nelson came on board told her she could not work there any longer without getting a pouring permit and at that time she left because there was a problem with her record and she could not get one. He then stated they were not going to have anyone in their restaurant without a pouring permit. He stated a few months later he asked her if she would like to come back as a manager training people but not to pour and she was told she could not pour because of the City Ordinances. He then stated that after their license was pulled on Thursday, obviously with it being Memorial Day weekend, business was very slow and he basically laid off most of his people and let a few people go and he was stuck back in the kitchen cooking and he could not be watching what is going on in front while he is cooking food and that Ms. Armourer was told on Thursday that their license had been revoked. She could not even serve alcoholic beverages if they had a license because she did not have a pouring license and she was there strictly for management and to train and hire their waitresses. Councilman Cramer asked Mr. Liss if Ms. Armourer was the only waitress/manager on duty at the time. Mr. Liss responded that was correct and his position was strictly to stay in the kitchen and cook and that he could not be watching everything that was going on and that he had no idea what was going on out there and that all of a sudden she came back to say the Police are here. He stated that he went out there and that he knew Jeff Jones and knows the times he told him his license was revoked. He stated he had talked with Mr. Jones Friday, 05/27/94, and was told as long as he got City taxes taken care of and the agent change taken care there would be no problem getting his license back. Councilman Wood then asked Mr. Liss if he told Ms. Armourer that she could serve Officers Humphries and Kelmer. Mr. Liss stated he did not, that she was told not to serve that the license had been revoked and that he had to stay back in the kitchen and cook and she had to watch the front and all they were doing was serving food and when Jeff Jones and Lt. Martin came in, the whole bar was full with styrofoam cups and that 90% of their drinks are served in styrofoam cups. He stated they have little plastic cups that they use for their mixed drinks but that styrofoam cups are used for everything else. He stated they do not use any glass that all their plates are paper. Mayor Bacon asked if he came in and ordered a Miller Light in a long neck bottle, would he get it in a long neck bottle or would he get it in a styrofoam cup. Mr. Liss responded it would be in a bottle as there would be no reason to put it in a cup as styrofoam does something to the taste of beer and there would be no reason to put it in a cup. He stated they do not serve in mugs, if someone orders a beer it is served in a glass unless it is draft and then it is served in a plastic cup. Mayor Bacon then asked how he normally serves draft beer and Mr. Liss responded in a plastic cup. Mr. Liss then stated that when Lt. Martin and Jeff Jones came in the whole bar was full with styrofoam cups and that they did look. Mayor Bacon then asked that at the time whenever you received the letter from my office, you did not actually take any precautions to eliminate a problem like this by moving the beer or locking it up. Mr. Liss responded that on Thursday he did take all the liquor off the shelf and put it underneath the cabinet so it would not be where the customers could see it and he explained to every customer who walked in the door that their license had been revoked pending a hearing which was scheduled for June 6 due to the fact that they were late with their application fee and that they were also a few months behind with their local sales tax. June 6 1994 Council Meeting, -continued Councilman Lnenicka then asked if there was a reason to have lighted signs in the windows advertising beer if you don't intend to sell beer. Mr. Liss responded it was part of their decor and if you walk into their restaurant there are beer signs and posters everywhere and that is basically what makes up their decor and it is a collage of different memorabilia from all the different beer companies as they do business with them. Councilman Lnenicka then asked if that could be viewed as misleading advertising, with a beer sign facing the street to attract people in and then you wont sell beer there? Mr. Liss responded that they `" started advertising on Smyrna Cable about six months ago as Buffalo Bob's Sports Pub and Billiards and that for the first six months they were open they only served food and they had a big neon sign on the building that just said "wings." He also stated they had Ron Gant on a commercial and people would call and ask where he was located and he would tell them in Kenwood Plaza next to Monterrey and they would ask if he was where the "wing" joint used to be so all of a sudden Buffalo Bob's Sports Pub and Billiard was a totally new business. He stated he had the neon taken off and they are getting ready to put a new one up but that would cost $6,000 which is a lot of money for a small business to come up with and therefore he has no sign whatsoever on the building and the lights at least let people know there is a business there. He further stated that if he turned the lights off it would look like a vacant space and it is bad enough that they sit down in a hole off South Cobb Drive and when they came in no one told him he had to turn the lights off or take all the signs off the wall. Councilman Lnenicka asked about a statement Mr. Cole had made in his opening remarks about the absence of any police problems at your location. Mr. Lnenicka then asked Mr. Liss if he would acknowledge that he had met with Chief Hook and himself about eighteen months ago to talk about some disorderly conduct events happening in and around your place of business and that he had tried to cooperate with the City in trying to prevent. Mr. Liss stated that whenever he first applied for his license, there was a concern that there were several calls and after going over those that maybe only two of those were actually from his restaurant and since their liquor license had been obtained to his knowledge there were no problems whatsoever. He stated he had even called Chief Hook and asked him if he was aware of any problems as nothing had been brought to his attention. He stated that if anyone had too much to drink before entering his place of business he did not serve them and that he talks to his people on a weekly basis about complying with the City Ordinances as far as handling the customers and serving minors. Councilman Lnenicka stated he was not here to dispute that and that he had not pulled any call reports from the Police Department but he did '~"" just want to put on the record that they had had a conversation about eighteen months ago. Mr. Liss stated he would love for the city to check the past six months and see that they had been operating with no problems at all. Councilman Wood asked Mr. Liss if he has billiard tables in his place of business now. Mr. Liss responded yes he did. Mr. Wood then asked if there were any other questions of Mr. Liss. Councilman Newcomb asked Mr. Liss when his agent, Ms. Nelson, had left his employ. Mr. Liss responded that it had been at least sixty days. Councilman Wood asked if there were any other questions or input from Mr. Liss or his attorney. Mr. Liss responded no. Mayor Bacon stated he would like to ask Lt. Martin a couple of questions and asked him to come forward. Mayor Bacon asked Lt. Martin if when he and the agent from the State came back into Buffalo Bob's on that Sunday, did they see any other alcoholic beverages sold. Lt. Martin stated he saw a lot of Styrofoam cups view of the bar in front of customers and that both Sgt. Jones and he were in plain clothes and he felt real uncomfortable about going over and grabbing someone's cup and taking a drink out of it or seeing if there was anything in it. He stated he did check Mr. Kelmer's cup and did confirm they had beer sitting in front of them and that was all he needed. He stated he did not go around checking everyone's drink. Mayor Bacon asked that at time when they went in did you shut down the bar at that time. Lt. Martin stated that basically what they did at that time was to issue Ms. Armourer a citation and Sgt. Jones began inventorying all the alcohol in the business and did confiscate all the alcohol in the business with the exception of two kegs that were still hooked up with a slight amount of beer because there was not room in the car. Mayor Bacon asked if the liquor was underneath the bar and Lt. Martin responded that it was as he recalled. Councilman Wood asked if the alcohol was removed from the premises and Lt. Martin responded that Sgt. Jones removed the hard liquor. Councilman Wood then asked if there were any other questions. There were none. He then thanked Lt. Martin and asked if there was any input from the Council. Councilman Wood then made a motion that the retail pouring license for beer and liquor for Buffalo June 6, 1994, Council Meeting -continued Bob's Original Wings, Inc., 4924 South Cobb Drive, Smyrna, Georgia be revoked. Councilman Newcomb seconded the motion. Mayor Bacon asked if there was any discussion. Councilman Newcomb stated he supported the motion and seconded the motion because the facts are clear and the question is whether the Council could put credibility to Mr. Liss' assertion that he wanted a second chance and that it will not happen again. He further stated that if you looked at the pattern of what has happened there as Mr. Lnenicka pointed out that as far back as December, 1992, the City was meeting with Mr. Liss ~" to talk about calls and that Mr. Liss testified there had been a lot of turnover in agents and that the person in charge of his finances, who was under his supervision, wasn't very good supervision because he got the credit all messed up and got them in financial problems and that one of his servers he acknowledged served alcohol and yet stated he could not be everywhere. Mr. Newcomb stated he felt it was just a pattern of things that the City should not put credibility in Mr. Liss' assertion that it was an isolated issue and that he was a good manager and it would not happen again. Motion was approved 7-0. Councilman Wood stated that in light of the previous vote he made a motion that the Item 8-B for an Agent Change at Buffalo Bob's Original Wings, Inc. be deleted from the agenda. Motion was seconded by Councilman Scoggins. Motion to delete the item from the agenda was approved 7-0. COMMITTEE REPORTS: Councilman Patrick asked Laurel Best for a report on the Library. Ms. Best stated the Summer Reading Club sign up began today with a good turnout and complimented Tonda Morris, the Children's Librarian, for the decorations in the Library. She also stated the artist for the month is Carl Leick and the display will be available beginning on June 8 and the book discussion group will be meeting June 7 at 7:30 p.m. Councilman Patrick then announced that on Saturday, June 4, a town hall meeting was held at Campbell High School. The topic of the meeting was "Stop The Violence" and was sponsored by the City of Smyrna, WSB-TV and the Smyrna Optimist Club. He stated the meeting was very informative and enjoyable even though the turnout was not as good as he had hoped. Councilman Newcomb stated there were several openings in the City: mechanic, part-time receptionist at City Hall; part-time (seasonal) life-guard; housing inspector; personnel officer. He also reminded everyone of the Public Hearing at 7:30 p.m. in the Community Center hosted by Cobb County Department of Transportation to discuss the proposed changes to Spring Road. He also commended the council for their acceptance of the Apartment Density Study prepared by John Moeller. Councilman Scoggins asked Nancy Hancock for a report on the Smyrna Cemetery Commission. Ms. Hancock stated there are several fund raising projects for the Smyrna Memorial Cemetery to raise money to repair the headstones. One of those is the sale of bricks to go in a sidewalk to go through the cemetery. She mentioned the bricks could be purchased for $35 in honor or memory of someone and more information will be available at a later date. The bricks can be purchased through the Historical Review Committee or call City Hall for further details. Councilman Scoggins commended Ms. Hancock and the commission for their work improving the Smyrna Memorial Cemetery. Councilman Scoggins called on Kathie Barton for a report on the recycling program and explained the recycling effort was very slow at this point in time. Councilman Scoggins called on Larry Dunn, Director of Public Works, for a report on his department. Mr. Dunn reported that several projects have been completed by his department and that the Atlanta Road beautification program will begin this week. ~,.,~, Councilman Hawkins asked Larry Williams for a report on the Fire Department. Chief Williams reported that the number of overall calls for May 1994 is up 50.9% from May 1993 and all categories of calls are up for the same period of time and cited the reason as possibly being the 911 hang up calls. Councilman Cramer asked Steve Ciaccio for a report on the Parks and Recreation Department. Mr. Ciaccio stated the Parks and Recreation Department along with the Hands, Feet & Mouth Association hosted the Whirligig event at Rose Garden Community this past weekend and said everyone had a good time. Mr. Ciaccio reported that June 4 and 5th the Children's Miracle Network was sponsored by the City and a lot of money was collected for this worthwhile cause -- $1,200,000 for the Eggleston and Scottish Rite effort. He also reminded everyone that this Friday, June 10, is the third in a series of free concerts on the Village Green at 7:00 p.m. Mayor Bacon complimented Mr. Ciaccio on the advertisement for the concerts. June 6, 1994, Council Meeting -continued Councilman Cramer read a letter signed by several members of The Golden Jonquils expressing their appreciation to Patty Bacon and Kathie Barton for the weekend trip to Savannah. The senior group indicated the trip was very enjoyable and Mr. Cramer indicated the senior's program is continuing to expand constantly. He also expressed his appreciation to the city for their support of the Whirligig event in the Rose Garden community. Councilman Lnenicka discussed the Apartment Density Study accepted by the Mayor and Council tonight and read from the report concerning the first priority listed in the report. According to the study the first priority should be to study Atlanta Road south of Spring Road to I-285, followed by South Cobb Drive from Windy Hill Road south to I-285, Atlanta Road south of Concord Road to I-285 and suggested the council should digest the recommendations of the study and come forward with a plan to take whatever appropriate action is needed next. Councilman Lnenicka then announced the proposed redevelopment of the Creatwood Farms property is on hold. He further explained that the contracts for the proposed homes on the west side of Atlanta Road and the condominiums on the east side of Atlanta Road have lapsed as of June 1, 1994. Councilman Wood asked Jim Triplett for a report on the Finance Department. Mr. Triplett stated Finance Committee will be meeting this week to work on the budget and the budget will be presented for adoption at the June 20, 1994, meeting of Council and stated there will be copies available for the citizens. The Mayor and Council each expressed their appreciation for those who served during World War II and especially since this is the 50th anniversary of D-Day. Mayor Bacon recognized Larry Brissey who was in attendance at the meeting tonight as one of those service men who actually served at that time. Mayor Bacon thanked Ms. Mary Beverly, candidate for Post 2 of the Cobb County School Board and Mr. Richard Day, candidate for District 29 of the House of Representative, for remaining for the entire meeting. With no further busi ess the meeting adjourned at 9:17 p.m. A. MAX BACON, MAYOR MELINDA DAMERON, CITY CLERK J N PATRICK, WARD 1 BILL SCOGGINS, W/ACRD 3 ~~ L~~~~ ACK CRAMER, WARD 5 ~G G~ Lam/ d~~ CHARLES PETE WOOD, WARD 7 RON NEWCOMB, WARD 2 ~• JAMES M. HAWKINS, WARD 4 WADE S. LN NICKA, WARD 6