08-10-1989 Special Called MeetingAugust 7, 1989 meeting - continued
A&P Food Store, 2142 Atlanta Road
License holder Wallace Howard Perkins was sworn in by Attorney Camp. Captain
Kirby said on August 3, 1989 their 19 and 18 ear old buyers purchased a six
pack of Budweiser beer from the clerk at A&P, whose name was Doug Smith. The
clerk did check for identification but while he was looking at at, told the
two buyers that the only reason he was checking was because the store
security guard was watching.
Attorney Russell Walden represented A&P and said the clerk was not present
tonight and has been suspended as a preliminary move toward termination.
After hearing all testimony Jim Hawkins made a motion the Mayor's suspension
be upheld with the total suspension being 30 days, counted from the first day
the license was pulled. Also, that the license be placed on one year
probation with any further violations resulting in permanent revocation. The
licensee and employees of the store are also to provide affidavits stating
they fully understand all city, local and state ordinances. Bill Scoggins
seconded the motion which carried 7-0.
Copperfield's, 3266 South Cobb Drive
Mayor Bacon said that Attorney Chuck Clay representing John Willis Rhodes,
the licensee for Copperfield's had requested a continuation of their hearing
to the August 21, 1989 meeting. On the evening of August 3, 1989, Gail Lee
Murray, a waitress at Copperfield's sold a Budweiser beer and mixed drink to
the 18 and 19 year old buyers without asking for identification. Kathy Jordan
made a motion the hearing be continued to August 21, 1989. Jim Hawkins
seconded the motion which carried 7-0.
COUNCIL INPUT: Wade Lnenicka reported on library activities and said we are
conducting a traffic study on Campbell and Ridge Road to determine the
traffic count.
Jim Hawkins commended Captain Kirby and the Police Department for doing such
a good job and also felt they should recognize the businesses in Smyrna that
were checked but did not sell to minors.
Mayor Bacon read a letter from a Powder Springs resident commending the City
of Smyrna for taking part in the sting operation. Mayor Bacon said we will
continue in this operation until it stops and felt part of the problem was
from having too many package stores in the store, making it highly
competitive.
With no further business, meeting adjourned at 12:48 a.m.
A. MAX BACON, MAYOR MELD DASD N CITY
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-HILL SCOGG-INS, ➢MD 3 // JAMES M. HAWKINS, WARD
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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 from Copperfield's were sworn in by Attorney Camp.
August 10, 1989 meeting - continued
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 Fitzgeralds, One Stop Package, Tenneco
#10609, Cupboard Groceries, Wayne's Package, Cobb Center Amoco, Mr. Bill's
Red Dot Package, Neash 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 latitude, 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 unconstitutional. Wade
Lnenicka seconded the motion which carried 7-0.
With no further business, meeting adjourned at 7:53 p.m.
A. MAX BACON, MAYOR MELIN A D ITY CLERK
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