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05-03-2010 May 3, 2010May 3, 2010 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were City Administrator Eric Taylor, City Clerk Susan Hiott, City Attorney Scott Cochran, Assistant City Administrator Tammi Saddler, Management Fellow Jered Sigmon, Planner Rusty Martin and representatives of the press. Invocation was given by Assistant Pastor Jason Davis of Smyrna Presbyterian Church, followed by the pledge to the flag. Mayor Bacon recognized Mr. David Orr, who provided details to those present concerning his candidacy for the U. S. Congress. MAYOR' S REPORT: (A) Proclamation in Recognition of Respect for Law Council Member Lnenicka recognized Ms. Betty Turley, and read a Proclamation in Recognition of Respect for Law to those present. Ms. Turley expressed appreciation to the present officials for their support. AGENDA CHANGES: There were none. LAND ISSUES/ZONINGS/ANNEXATIONS: There were none. PRIVILEGE LICENSE: (A) Public Hearing -New application for owner and agent- retail pouring sale of beer - Carlito's All American Grill No. 2 -Mary Ann Bumpers - 1651 Roswell Street, Suite F Mr. Taylor stated the applicant has been furnished with a copy of the City's alcoholic beverage sales regulations and has completed the required responsible alcoholic beverage sales and service course. Mr. Taylor stated that inquiry by the City police department disclosed no information which would preclude issuance of the license, and that staff recommends approval of the request. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran Council Member Anulewicz recognized Ms. Bumpers, and Ms. Bumpers addressed concerns expressed regarding possible loitering in the subject area. Mayor Bacon recognized Mr. Bumpers, and Mr. Bumpers provided details to those present concerning discussions he has had with the owner of a package store in the subject area concerning loitering. May 3, 2010 2 Mayor Bacon recognized Mr. Bud McCullough, residing 2518 North Mathews Street, and Mr. McCullough expressed concerns about potential loitering in the subject area. Mr. McCullough stated a pouring license has not previously been approved in the subject area. Mr. McCullough expressed concerns about numerous potential problems in the subject area. Mr. McCullough expressed the view that a pouring license is not a good idea for the subject area. In response to inquiry by Council Member Anulewicz, Ms. Bumpers explained atent-like structure adjacent to the business is a smoking area, and that she has read and understands the City's alcoholic beverage sales regulations. Council Member Anulewicz advised Ms. Bumpers that local authorities will from time to time conduct undercover inquiries to help gauge compliance of licensees with pertinent regulations. MOTION: Council Member Anulewicz made a motion to approve the privilege license request for retail pouring of beer at Carlito's All American Grill No. 2 at 1651 Roswell Street, Suite F for Mary Ann Bumpers as agent. The motion was seconded by Council Member Newcomb. Motion was approved 7-0. (B) Public Hearing -New Owner and Agent -retail pouring sales of beer and wine -JAR Group 4, Inc. dba as Johnny's New York Style Pizza -Julia Loerke - 2651 Cumberland Boulevard, Suite B-1 Mr. Taylor stated the applicant has been furnished with a copy of the City's alcoholic beverage sales regulations and has completed the required responsible alcoholic beverage sales and service course. Mr. Taylor stated that inquiry by the City police department disclosed no information which would preclude issuance of the license, and that staff recommends approval of the request. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Pritchett recognized Ms. Loerke, who provided details to those present concerning Johnny's New York Style Pizza (JNYP). Council Member Pritchett advised Ms. Loerke that local authorities will from time to time conduct undercover inquiries to help gauge compliance of licensees with pertinent regulations. At Council Member Pritchett's request, Ms. Loerke provided information regarding steps to be taken at JNYP to help make certain alcoholic beverages are sold only in a lawful manner there. Ms. Loerke stated the responsible alcoholic beverage sales and service course she completed has been helpful in preparing her for her responsibilities as agent, and that the local spirits distributors provide relevant information and materials for in-store use by serving staff. Ms. Loerke stated JNYP staff will be trained to check identifications of all persons attempting to purchase alcoholic beverages there. In response to inquiry by Council Member Pritchett, Ms. Loerke stated she currently has other alcoholic beverage sales licenses, and that she spends time at all of her stores. Council Member McNabb encouraged Ms. Loerke to monitor the parking lot at JNYP to help prevent loitering. May 3, 2010 MOTION: Council Member Pritchett made a motion to approve the privilege license request for retail pouring of beer and wine for JAR Group 4, Inc. dba as Johnny's New York Style Pizza at 2651 Cumberland Boulevard, Suite B-1 for Julia Loerke as agent. The motion was seconded by Council Member Newcomb. Motion was approved 7 - 0. FORMAL BUSINESS: (A) Approval of a text amendment to the City Alcoholic Beverage Ordinance with regards to wine specialty shops Mr. Taylor stated the City has received a request to allow the sale of wine by the glass at wine specialty shops. Mr. Taylor stated the City's Alcoholic Beverage Ordinance was reviewed and it has been determined that the ordinance does not allow the consumption of alcoholic beverages on the premises of a package store location with the exception that, in locations having a license to sell package wine, wine may be consumed on such premises during a wine tasting; however, only wine utilized in the wine tasting may be consumed on the premises and may not be sold by the drink. Mr. Taylor stated staff is recommending changes to the ordinance to allow sale of wine by the glass at wine specialty stores. Mr. Taylor stated the proposed amendment went before the council on April 19 and was tabled to review the number of bottles of wine required on site for an establishment to be considered a wine specialty shop. Mr. Taylor stated staff recommends approval of the proposed text amendments to the City's Alcoholic Beverage Ordinance. Mr. Martin provided additional information concerning the proposed revision to sections 6-2, 6-34, 6-37, 6-45, 6-46 and 6-124. Mr. Martin stated section 6-2, regarding definitions, is the area which has been reviewed since the last meeting, and read the updated definition of wine specialty shop. Mr. Martin recapitulated other changes to the ordinance which have been formulated. Council Member Newcomb stated care has been taken to define wine specialty shop for the purpose of this revision. Council Member McNabb asked what city staff member will be monitoring compliance with guidelines set forth in 6-2 (3) in a timely manner. Council Member Newcomb suggested appropriate staff could make site visits and ask to see inventory paperwork which would indicate bottles of wine in stock. Mr. Taylor confirmed that compliance with the revised guidelines will be monitored by the City's licensing staff. Council Member Newcomb further suggested some form of required reporting of pertinent information on a scheduled basis. Council Member McNabb expressed concern that the section in question may communicate the impression that the ordinance is not being enforced. Mr. Cochran stated he felt it was important to include a requirement for a sizeable number of bottles to help distinguish a wine specialty shop from other general purveyors who happen to sell wine. Mr. Cochran stated the 15 day rule was included to help make certain that a designated wine specialty shop remains as such. Mr. Cochran stated the overall intent is to provide some distinction between a specialty shop and a general purveyor. Mr. Cochran stated there are also provisions included for inventory documentation. Mr. Cochran discussed other language which could be used for the proposed revision. Council Member Smith stated he is not entirely certain why such an ordinance revision is desirable because the one under present consideration includes no requirement for food sales such as that found in the requirements for conventional pouring licenses. Council Member Smith expressed concerns about a similar type of license being sought for beer sales. Council Member Pritchett stated wine by the glass sales would be primarily for wine tasting events. Council Member Anulewicz provided details to those present concerning a measure previously approved by the State legislature which allows removal of a partially consumed bottle MaX3, 2010 4 of wine from a dining establishment by the purchasing customer. Mr. Martin stated the revision includes a requirement that 75% of an establishment's gross revenue be derived from the sale of bottled wine for off-premise consumption. MOTION: Council Member Newcomb made a motion to approve a text amendment to the City Alcoholic Beverage Ordinance with regards to wine specialty shops, sections 6-2, 6-34, 6-37, 6-45, 6-46 and 6-124 as amended for subsection (3) of Section 6-2 Definitions. Mr. Martin read the subsection as follows: Which shall maintain and replenish a total inventory of at least 3500 bottles of wine; provided however, that any inventory which is depleted to less than 3500 bottles of wine must undertake efforts to be replenished to at least 3500 bottles of wine within 1 S days of the date that the city learns that the inventory falls below 3500 bottles; The motion was seconded by Council Member Pritchett. Motion was approved 7 - 0. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of April 19, 2010 minutes (B) Approval of Transfer of Control of AGL Networks, LLC to Zayo Group, LLC regarding the Telecommunications Franchise Agreement (C) Approval of fee schedule for Tolleson Pool MOTION: Council Member Lnenicka made a motion to approve the consent agenda. The motion was seconded by Council Member Smith. Motion was approved 7 - 0. COMMITTEE REPORTS: Council Member Wood yielded the floor with no report. Council Member Lnenicka reminded everyone about the upcoming Memorial Day ceremony in the City. Council Member Lnenicka commented favorably about the Mayor's Education Awards ceremony which preceded this meeting. Council Member Smith yielded the floor with no report. Council Member McNabb stated the recent attempted bombing in Times Square reminds us all that we line in dangerous times, and urged citizens to be vigilant. Council Member McNabb asked the citizens to thank their local public safety personnel for their service to the community. Mav 3, 2010 5 Council Member Anulewicz commented favorably about the community's schools, teachers and volunteers. Council Member Newcomb yielded the floor with no report. Council Member Pritchett wished the owner of Johnny's New York Style Pizza good luck. CITIZENS INPUT: Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry provided information to those present concerning an upcoming town hall meeting. Mr. Backry expressed concerns about the previous acquisition of a house by the City. Mr. Backry expressed concerns about expenditures on a park used for soccer and football. ADJOURNMENT: With no further business, the meeting was adjourned at 8:44 p.m. Ma~3, 2010 6 CHARLES PETE WOOD, WARD 7 . ~U SUSAN D. HIOTT, CITY CLERK ~ ~- ~o~ ~~ RON NEWCOMB, WARD 2 A. MAX BACON, MAYOR WADE S. LNENICKA, WARD 6 ORDINANCE No. 2010-3 AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CHAPTER 6, ALCOHOLIC BEVERAGES, CITY OF SMYRNA, GEORGIA, BE AMENDED BY PROVIDING GUIDELINES FOR SALE OF WINE BY THE GLASS AT WINE SPECIALTY SHOPS. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Chapter 6, alcoholic beverages, City of Smyrna, Georgia, be amended to read as follows: Section 6-2. Definitions. Wine specialty shop means a retail establishment: (1) Where no less than 75% of the gross revenue is derived from the sale of table wine, fortified wines, port, sherry for consumption off the premises and/or wine accessories. (2) Which shall maintain on the premises and offer for sale at all times a variety of wines from not less than 100 manufacturers or importers of wine or any combination thereof. (3) Which shall maintain and replenish a total inventory of at least 3500 bottles of wine; provided however, that any inventory which is depleted to less than 3500 bottles of wine must undertake efforts to be replenished to at least 3500 bottles of wine within 15 days of the date that the city learns that the inventory falls below 3500 bottles; (4) Which shall submit an inventory list of all wines maintained on the premises and offered for sale to the licenses and permits unit of the city's finance department. Such inventory list shall. be submitted to the finance department on a quarterly basis by the first day of each of the following months: January, April, July and October; and (5) Whose total interior floor area, inclusive of storage area, shall not exceed 3,000 square feet. Sec. 6-34. Types of licenses. The types of alcoholic beverage licenses which may be issued under this chapter are: (1) Pouring distilled spirits; (2) Pouring wine and malt beverage; (3) Wine specialty shop (pouring and package); (4) Package distilled spirits; (5) Package wine and malt beverage; (6) Wholesale alcoholic beverages; and (7) Manufacturer. Sec. 6-37. Limitations on use. (a) It shall be unlawful for any person operating premises licensed for the sale of wine and malt beverages to store or have on the premises any distilled spirits without a license therefor. ORDINANCE No. 2010-3 (b) No package sales shall be allowed in, or in connection with, any restaurant, cafe, eating place, private club or in any establishment other than a retail store, or wine specialty shop. (c) Except in wine specialty shops, no package sales shall be allowed in the same room where pouring sales are allowed. Sec. 6-45. Consumption on package licensed premises prohibited. Except as otherwise specified herein, it shall be unlawful for any person licensed for the operation of a package store only to permit or allow any consumption of alcoholic beverages on the premises of such package store location. It shall be the duty of the owner and/or operator of each establishment to police and prevent the consumption of any alcoholic beverages upon the premises of any package store location. Consumption on the premises shall be allowed only in those locations having a pouring license except that in locations having a license to sell package wine, wine may be consumed on such premises during a wine tasting. However, wine may be sold by the drink and consumed on the premises provided that a specialty wine shop license is obtained as provide herein. Sec. 6-46. Carry-in prohibited. (a) It shall be unlawful for any person operating any business establishment licensed to serve alcoholic beverages by the drink, or food, to permit the consumption of alcoholic beverages that are not purchased on the premises where they are consumed. (b) It shall be unlawful for any pouring licensee, expect those licensees holding a wine specialty shop license, to sell, or offer to sell, or to give, to any customer or patron any alcoholic beverages by the package for carry out purposes. (c) It shall be unlawful for any pouring licensee to sell, or offer to sell, or to give, to any customer or patron any alcoholic beverages by the drink for carry out purposes. Sec. 6-124. Pouring requirements. No pouring license, except a license for a wine specialty shop, shall be issued to, or held by, any applicant unless at least 50 percent of the business by volume, when considering the total of sales from alcoholic beverages and food prepared to be consumed on the premises, shall be from the sale of prepared foods to be consumed on the premises. (1) All establishments licensed to pour shall submit a quarterly audit showing the sales of alcoholic beverages and food prepared on the premises and nonalcoholic drinks to the city business license office no later than at the time of renewal for the coming license year. (2) Authorized officials of the city may examine the records of applicants at any reasonable time to ascertain that the requirements of this section are met. (3) The dining area or serving area of the applicant must have a minimum seating capacity of 40. 2 ORDINANCE No. 2010-3 All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Approved by Mayor and Council this 3rd day of May, 2010. ~~~- Attest: ~*• ' , ~ Susan D. Hiott, City Clerk City of Smyrna Approved as to form: Cott A. Coc an, C At A. Max Bacon, Mayor 3 RESOLUTION 2010 -4 WHEREAS, on November 19, 2007 the City of Smyrna ("City") granted to AGL Networks, LLC, a provider of telecommunications services, a franchise (the "Franchise"); and WHEREAS, Article VIII (2) of the Franchise requires AGL Networks, LLC to obtain prior written consent of the City, which consent shall not be unreasonably withheld, before a Transfer of Control of AGL Networks, LLC, its network or franchise, occurs; and WHEREAS, AGL Networks, LLC and Zayo Group, LLC have submitted a letter dated April 6, 2010 to the City, a copy of which is attached hereto, describing the pending transfer of control from AGL Networks, LLC to Zayo Group, LLC, and requesting the City's consent to such change in control; and WHEREAS, the City Council having determined that the change in control of AGL Networks, LLC, as described in the attached letter, should not affect AGL Networks, LLC's obligations and operations under the Franchise, and accordingly should not cause the City's interests to be adversely affected; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Smyrna, that consent is hereby granted, pursuant to Article VIII (2) of the Franchise, for the transfer of control. Adopted, this 3rd day of May, 2010 CITY OF SMY By: Name: A. Max Bacon Title: Mayor (Seal) C ,~ Attest: ~~ ~,C~ )t /~. `,~~..r ~'" L ~