8-10-89 council minutes
August 10, 1989
A special called meeting of Mayor and Council was held August 10, 1989 at Smyrna
City Hall. The meeting was called to order at 6:30 o'clock p.m. by presiding
officer Mayor A. Max Bacon. All council members were present. Also present was
City Administrator John Patterson and City Attorney Charles E. Camp. Mayor Bacon
stated the purpose of this meeting was to conduct the show cause hearing for
Copperfield's, which was continued at the August 7th meeting. Representatives from
Copperfield's were sworn in by Attorney Camp.
Acting Police Chief Kent Sims stated that on August 3, 1989, Gail Lee Murray, a
waitress at Copperfield's sold alcoholic beverages to the 18 and 19-year-old
buyers. The sale was witnessed by Captain Ted Kirby and Wanda Baxter, a police
department employee. Captain Kirby spoke with Dick Rubado, the manager on duty and
advised him of the sale and also advised the waitress that she had sold to
two underaged persons and that a State warrant would be issued the following
day.
Randy Rogers represented Copperfield's and Gary Evans, owner and said Ms.
Murray has been fired, as is their policy at Copperfield's. License holder
John Willis Rhodes was not present and Mr. Rogers was advised that Mr. Rhodes was
the person responsible for the license and should be present before
proceeding.
Jim Hawkins said that this morning, Sterling Package Store asked for a
temporary restraining order to allow them to open following their suspension on
August 7th. Judge Harris Hines ruled that council has the authority only to
overturn the Mayor's decision or uphold it. If the decision is
overturned, the license is re-instated. However if they uphold the decision the
license is permanently revoked. Since this was pointed out, Mr. Hawkins said he
felt that perhaps council had acted out of the bounds of their own ordinance
by suspending licenses at the August 7th meeting. According to Judge Hines, the
only action they could take was to re-instate or permanently revoke and he felt permanent
revocation in these cases was far too severe.
Jim Hawkins made a motion the Mayor's suspension of all the license that
were heard thus far be overturned and that the licenses be re-instated
effective at 12:01 a.m., August 11, 1989. Bill Scoggins seconded the motion. Jack
Shinall said the motion was out of order and did not conform with the agenda
for this evening, which was only to hear the Copperfield's case. Following
discussion, Jim Hawkins said the motion would include Copperfield's, as well as
the Shell license that was continued to the August 21st meeting. After further
discussion the motion was withdrawn and Jim Hawkins made a motion the rules be
suspended to allow a motion to consider an item not on the agenda. John Steely
seconded the motion, which carried 6-1, with Jack Shinall opposed.
Jim Hawkins made a motion that the Mayor's suspension of the alcoholic
beverage licenses be overturned for Fitzgerald's, One stop Package, Tenneco
#10609, Cupboard Groceries, Wayne's Package, Cobb Center Amoco, Mr. Bill's Red
Dot Package, Nash Package, Sterling Package, Shell-Best Food Mart, Zesty Food, Copperfield's,
and A&P. Bill Scoggins seconded the motion. Jack Shinall said he would not support the
motion because he felt that of these licenses, there may be some cases where
they should consider permanent revocation, where the owners or clerks
knowingly sold to someone under 21 or if it was a second offense. Vote on the motion
carried 6-1, with Jack Shinall opposed.
Jim Hawkins made a motion the rules be suspended to consider an item not on the
agenda. Bill Scoggins seconded the motion, which carried 7-0. Jim Hawkins then
made a motion the City Attorney be authorized to re-write the section of the alcoholic
beverage ordinance dealing with suspension and revocations of licenses, giving
council more la ti tude, with more detailed procedures to be followed. Jack Shinall
also asked that the motion include that it provide for instructional programs to
employees regarding sales to minors under the State, county and Federal codes
with proof to be kept on city premises for review. Mr. Camp said he was not sure
if we could legally require instructional programs as such, that it may be
unconsti tutional. Wade Lnenicka seconded the motion, which carried 7-0.
With no further business, the meeting adjourned at 7:53 p.m.
A. MAX BACON, MAYOR
MELINIA DAMERON, CITY CLERK
KATHY I
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