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06-03-1991 Regular MeetingJune 3, 1991 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on June 3, 1991. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members were present. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Library Director Laurel Best, Parks and Recreation Director Sherry Reavis, City Engineer Ken Hildebrandt, Personnel Director Jane Mears, Assistant Fire Chief James Bivins, Assistant Public Works Director Larry Dunn, Police Chief Stan Hook, Communications Director Steve Ciaccio, Finance Director Emory McHugh and representatives of the press. Invocation was given by Councilman Jim Hawkins followed by the pledge to the flag. CITIZENS INPUT: Frank Adams, Chairman of the Clean and Beautiful Committee presented the Save the Earth Award to committee member Ann Kirk for her award -winning efforts to encourage recycling in our school system. Ed McCloud of Falling Water Drive stated he disagreed with council's decision at the last meeting to not participate in the Local Government Investment Pool. Mr. McCloud said he thought the City was sacrificing $60,000 in revenues and hoped they would reconsider. Mr. McCloud criticized council for their decisions on banking services and also for their failure to make long term decisions on zoning matters which would have prevented the nude club controversy. Attorney Ted Reed spoke regarding the liquor, beer and wine pouring license on the agenda tonight for Platinum Plus and urged council to use whatever legal means they could to deny the application. This is not a women's rights issue; Mr. Gravley now has charges of sexual battery pending against him from one of his former employees. Charles King said that at one time he frequented nude dance bars and as a result, lost his job and destroyed his life. Mr. King said the owners are quoting first amendment profitable not only from he was. It is also a very a way to launder money. PUBLIC HEARINGS• rights at the expense of others. This business is m the dancers but from customers who are addicted as strong temptation for organized crime and provides (A) Variance - additional sign at Plantation Pointe Shopping Center on Spring Road John Patterson stated that Victoria Moore, representing CPIF XXIV Property Management has applied for a variance to add a second sign on the front of their shopping center on Spring Road at Campbell. There was no opposition. Ms. Moore said she represented the owners of the property and the retailers. They have a visibility problem at the center and they would like to construct an additional sign approximately 20 feet from the road containing a total of 120 square feet. It would be very attractive, about 12 feet high and traditional, similar to the one already there. Bob Davis made a motion the variance be approved provided the sign is constructed of attractive building material, the copy area be no larger than 120 square feet, and the owners and management provide an agreement in writing that they will permanently discontinue the use of temporary signs, and that the sign be constructed as presented in the drawing tonight. Bill Scoggins seconded the motion which carried 6-1, with Wade Lnenicka opposed. (B) Variance - side yard setback reduction at 915 Cherokee Trail John Patterson stated that Ms. Nancy Bowden is requesting this variance to build a carport and storage area within 8 feet of the side property line. There was no opposition. Leo Smith spoke for Ms. Bowden and stated this will be a carport with storage area for lawn furniture and tools and will encroach 2 feet within the building setback line. Kathy Jordan said this is an older home built on a small lot and none of the Jude 3, 1991 meeting - continued homes in the area were built with carports. Kathy Jordan made a motion the variance be approved as requested. Jack Shinall seconded the motion which carried 7-0. (C) Variance - accessory structure at 2660 Birch Street John Patterson stated that Michael Camp is requesting approval to build a 1200 square foot accessory building for storage of bicycles, lawn equipment, etc. The plan he presented has two accessory structures, one being a 10 x 12 foot storage building and the other a gazebo. If approved tonight, he will remove the 10 x 12 foot building when the other is completed. There was no opposition. Mr. Camp said when the new building is completed he will tear down the old storage building. This will be a 24 x 30 foot enclosed structure for storage with a 24 x 20 foot open air shed attached to it. Kathy Jordan said this is an extremely large yard which would accommodate a structure this size and thought it would improve the property since the existing building is unsightly. Kathy Jordan made a motion the variance be approved as requested. Jim Hawkins seconded the motion which carried 7-0. (D) Reapportionment of ward lines John Patterson stated cities are required to reapportion their ward boundary lines following 'publication of each decennial census and before their regularly scheduled elections. The reapportionment plan was prepared by Linda Smith and is submitted tonight for approval for submission to the U.S. Department of Justice. The hearing tonight has been properly advertised in the newspaper requesting comments or input from the public. Linda Smith presented the new -ward boundary lines based on the 1990 census population count of 30,981. Growth in the Lake Park Drive/Village Parkway area resulted in a dramatic shift of population and required that the existing Ward 1 be divided into two wards. More than 2100 apartment and condominium units have been constructed in Ward 1 over the last 10 years and all of those homes are contained in two Census blocks. The shift in population and division of Ward 1 also required that two of the smaller wards (5 and 6) on the west side of the city be combined. The wards were reapportioned within an overall 10% deviation of the ideal district size. The wards were also re -numbered to reflect the boundry changes that were made. The division of Ward 1 also required shifting of some polling places, with one new polling place being added as shown below: NEW WARD EXISTING POLLING PLACE 1 Argyle Elementary School 2 Campbell High School 3 Smyrna Judicial Building 4 Brown Elementary School 5 Nash Middle School 6 Belmont Hills Elem. School 7 King Springs Elem. School NEW POLLING PLACE Argyle Elementary School Smyrna Fire Station #2 Smyrna Judicial Building Brown Elementary School Belmont Hills Elementary School Campbell High School King Springs Elem. School The reapportionment plan was prepared with assistance from the State Reapportionment Office and Cobb County Board of Elections in accordance with State and Federal guidelines. There were no comments or objections from the audience and Jim Hawkins made a motion the reapportionment plan be approved for submission to the U.S. Department of Justice and State Attorney General, seconded by Wade Lnenicka. Jack Shinall stated the core areas of the city are the ones that seem to be most affected, perhaps because of their stability, and it did not seem practical to disrupt those areas. Vote on the motion to approve the plan carried 6-1, with Jack Shinall opposed. (E) Annexation of Cumberland Ridge Baptist Church There was no opposition and Wade Lnenicka made a motion the Cumberland Ridge Baptist Church property on South Cobb Drive at Ridge Road be annexed into the City and made a part of Ward 2. The legal description was read into the minutes of the May 6, 1991 meeting. John Steely seconded the motion which carried 7-0. Z June 3. 1991 meeting - continued (F) Privilege license - beer and wine package sales at 1687 Smyrna Roswell Road (Mom & Pops Food Store) John Patterson stated that Yvonne Ogbuefi has applied for a package beer and wine license as the new owner of Mom & Pops Food Store. This location has been licensed since 1984. Mrs. Ogbuefi has been a resident of Cobb County and is an American citizen. The police background investigation was favorable and there was no opposition Mrs. Ogbuefi stated she and her husband would be working at the store during alternate hours with the help of two clerks. They keep a sign at their register stating that identification of all customers must be checked before selling alcoholic beverages to ensure they are not selling to minors. Bill Scoggins made a motion the license be approved as requested. Wade Lnenicka seconded the motion which carried 7-0. (G) Privilege license - beer and wine package sales at 2539 Old Concord Road (Circle K) The applicant for the license, Marsha Bruton, was not present and Jack Shinall made a motion the application be tabled to the next meeting. Bill Scoggins seconded the motion which carried 7-0. (H) Privilege license - beer and wine package sales at 1828 Spring Road (Circle K) Jack Shinall made a motion the license be tabled to the next meeting. Bill Scoggins seconded the motion which carried 7-0. (I) Privilege license - liquor, beer and wine pouring license - Platinum Plus, 2282 Old Concord Road John Patterson stated that Mr. B. Don Gravley has applied for a liquor, beer and wine pouring license for his adult entertainment business, Inner Visions, Ltd., d/b/a Platinum Plus. This application was tabled at the May 6th meeting because a court reporter was not available to record the hearing. There was a large group opposed to issuance of the license and five were sworn by City Attorney Charles Camp along with Mr. Gravley. Kathy Jordan: Mr. Gravley, We are all well aware of the circumstance leading up to this point when the Georgia Supreme Court ordered us to issue you a license for your business. That went back to July 1990 and I think we should hear this liquor license as if it was July 1990 because nothing in our liquor license (ordinance) has changed since that time. I guess one of the things we are concerned about is, what is your perception of your business that you are doing there? B. Don Gravley.: It's a way to make a living, it's a business. Mrs. Jordan: What kind of business is it? Mr. Gravley: It's a nude bar --it's nude entertainment. Bill Scoggins: I'm sorry, Mr. Gravley, I didn't understand what you said. Mr. Gravley: It's a nude, adult entertainment. John Steely: So your principal business is adult entertainment, is that correct? Mr. Gravley: Yes, with food. Jack Shinall: Could you describer adult entertainment to us. Mr. Gravley: We have a live performance, that --women disrobe. Mayor Bacon: Have you reviewed our alcoholic beverage ordinance? Mr. Gravley: Yes we have. Mayor Bacon: Are you familiar with it? Mr. Gravley: Indicated yes. June 3, 1991 meeting - continued Mayor Bacon: Do you think your business complies with our ordinance for alcoholic beverage pouring? Mr. Gravley: Yes I do. Mrs. Jordan: Mr. Gravley, in the ordinance, what does it call for in your interpretation, in granting a pouring license to a business. Attorney James Osborne: If you are asking me, I would defer to the ordinance itself. Mrs. Jordan: Do you want to read that section? What about Mr. Gravley's interpretation of that? Mr. Osborne: Would you rephrase the question. His interpretation of what the ordinance means? Mrs. Jordan: Yes. What type of establishment should a pouring license be issued to. Mr. Osborne: Well, obviously he is going to have to comply as I understand your ordinance and as I have discussed with him, with the amount of food he serves has to be at least 60% of his total sales. I expect him to testify shortly that it has been around 70% without liquor and of course, he anticipates it would be at least 60% continuing food sales. So he is aware of that. Of course his application originally for the business itself contained a food preparation area which was approved by the permit office and of course has been inspected by the health department. I believe he received 100% score from the health department. He has been serving food, he serves lunch and dinner at his establishment. John Steely: Where do you prepare it? Mr. Gravley: Like a deli --in the kitchen. Mr. Steely: You do have a kitchen? Mr. Gravley: Yes we do. Mrs. Jordan: Do you have a full sanitary kitchen that our ordinance calls for? Mr. Gravley: It is approved by the Cobb County Health Department. Mr. Steely: On the prints I saw no kitchen. Is there some reason for that? Mr. Gravley: I think there was a small kitchen on there wasn't there? Jack Shinall: On the prints you submitted, there was no kitchen facilities or no sanitary kitchen facilities earmarked on any of the plans. Mr. Gravley: We may have altered those a little bit. When they came out for a final CO, the kitchen was in place. Mrs. Jordan: Who made that inspection, the final CO? Mr. Gravley: Scott Stokes. Jim Hawkins: Mr. Gravley, when you applied for your original license you applied for cabaret dancing. Is that the category you applied under? Mr. Gravley: That was one of them, yes. Mr. Hawkins: And that is what it was granted under, or any such business. How does your business license read that is hanging in your establishment? Mr. Gravley: We have several different licenses. One was cabaret dancing, one is a private club. Mrs. Hawkins: You have a business license for a private club in Smyrna. Mrl Gravley: Yes sir. Mr'. Jordan: Did you obtain that from Smyrna? June 3, 1991 meeting - continued Mr. Gravley: Yes we did. Mr. Shinall: You have a business license for a private club. Mr. Gravley: Yes we do. Mr. Hawkins: Are you a non-profit organization? Mr. Gravley: (indicated no) Mr. Hawkins: Then you do operate for profit. Page 436, Section 3-5 of the alcoholic beverage ordinance, "Compliance for pouring licenses" states that no pouring license shall be issued to any applicant who does not meet the requirements of a restaurant, lounge or private club as defined herein. Have you read that section on page 436? The definition of a private club in our code says that it must be a non-profit organization, which you do not meet those requirements. Mr. Osborne: Yes, I believe Mr. Gravley's business license which was issued calls for a club or other lodgings, is the way the business license department issued it, and it is not a private club as defined in your ordinance, it would be a public club, or course... Mr. Hawkins: Then your business license then, doesn't, in fact, state a private club? Mr. Osborne: No, I don't believe it states a private club. Of course a cabaret, the very nature of a cabaret by definition is a club that would offer entertainment accompanied by a meal. That is the very nature of a cabaret. Mr. Shinall: Where is that definition Mr. Osborne? Mr. Osborne: Well, if you have a standard dictionary I will be happy to open it up --if there is one on the premises. Mr. Steely: We have them here --I'm sure there is one on the premises. Mr. Scoggins: Mr. Gravley, could I ask you --could you tell us what kind of equipment you have in the kitchen. There is some confusion about the kitchen. Mr. Gravley: It's a microwave oven --mostly cold, deli sandwiches. Mr. Scoggins: You just have a microwave --that is all you have for the kitchen? Mr. Gravley: Yes sir. Mr. Steely: Do you have a cooler? Mr. Gravley: Yes we do. Mr. Shinall: Do you have a business license for a restaurant? Mr. Gravley: No. Mr. Hawkins: And you don't have a business license for a private club or lounge either, is that correct? Mr. Osborne: That's correct. Mr. Scoggins: You can't cook a meal can you Mr. Gravley? Mr. Gravley: It's cold, deli sandwiches. Mayor Bacon: I read somewhere, where you planned that after you opened you would gross about $65,000 a month. Based on that figure, if you did 60% food and 40% alcohol, you will sell about $39,000 a month in food --that is a lot of deli sandwiches prepared just in a microwave oven. Mr. Gravley: We do basically the same thing Subway does, Subway is making a living at selling cold sandwiches. June 3, 1991 meeting - continued Mr. Hawkins: Do you cater any of these sandwiches in or are they prepared on the premises? Mr. Gravley: We do cater in some hot barbecue every day, but not cold sandwiches. Mayor Bacon: Do you have the same facilities that Subway Sandwiches has? Mr. Gravley: I haven't been in a Subway kitchen. Mr. Shinall: Mr. Gravley, you have already testified here tonight that you had a business license for a private club, and then your attorney says you don't have a license for a private club, so that leads me to suspect some of the answers that we are receiving are possibly suspect. In reviewing your financial records, during the term of your deposits and bank deposits, I saw an entry of deposit for roughly $79,550 that you show on your deposit slip was deposited on approximately June 9th. But then again, I read a note where you have made a loan at a postal credit union and the loan didn't take place until June 12th. Can you speak to those discrepancies, and what I am addressing is the truthfulness of what you are bringing forward here and what you are presenting before us. Mr. Gravley: We gave Mr. Patterson the financial records --I'm not real sure what the dates were but when I opened up the original account I took some personal money out of my pocket, which Mr. Patterson has those records and we borrowed the money from the credit union and put those in. Mr. Patterson also has those records. Mr. Shinall: So the establishment of the club, the $79,550 was --what you just said to me and pardon me, is that since it was prior to the date of the note, then that came out of your pocket. Mr. Gravley: I don't think that is a true fact. The money couldn't have gone into the bank before we borrowed the money. Mr. Shinall: I have the financial records, Mr. Osborne, if you want to look at it. Mr. Osborne: Mr. Gravley will testify that is where he got the $79,550. He borrowed it from the credit union. Mr. Steely: From the postal credit union? Mr. Gravley: Yes --the Atlanta Postal credit union. Mr. Shinall: Do you draw a salary from the club Mr. Gravley--is that the way it is established? Mr. Gravley: Yes, I do. Mr. Shinall: Approximately what is that salary? Mr. Gravley: We haven't really sat down and come up with a base yet --probably about $500 a week right now. Mr. Shinall: During the period of June 18, 1990 and March 28, 1991, you wrote checks totaling approximately $24,000 to yourself. I further reviewed the receipts you attached with your financial records and I did not find receipts for bills, power bills, lease, attorney fees, or anything that corresponded to that particular sum of money. Was any of those funds used for any illegal activities? Mr. Gravley: No sir, they were not. Mrs. Jordan: I would like to say that I have a copy of Mr. Gravley's business license from the City of Smyrna and it states on here "the uses sought by the owners come within one or more of the permissible uses under the general zoning classification: assembly halls, clubs, and lodge catering exclusively to members and guests, cultural facilities, indoor theatres, dance studio and cabaret dancing." Mr. Hawkins: It seems to me under the ordinance we have operated for years since I have been up here, you cannot get a pouring license to sell mixed drinks in Smyrna unless you are a restaurant, a private club or lounge. By June 3, 1991 meeting - continued that business license definition, in my opinion, you don't meet that. But I will refer you to another ordinance on page 469 of the alcoholic beverage, Section 3-75. Even if you did meet one of those three requirements to get a pouring license, this section says it shall be unlawful for any licensee who sells alcoholic beverages by the drink to permit professional belly dancers, strip dancing, exotic dancing or any exhibition of any like kind, by whatever name called, in connection with the operation of a restaurant, lounge, private club as defined herein. That law has been on the books since 1972. It seems to me you are missing the point either way you go. If you define yourself as a restaurant, lounge or private club you can have a pouring license but you can't have strip dancing by our ordinance that was not drafted just for you, it has been on the books since 1972. Or if you don't decide to try to name yourself as a restaurant, lounge or private club then you don't qualify under our ordinance that has been in effect since 1972. Mr. Osborne: I guess it would be appropriate for me to --I had brought out a reservation of certain constitutional issues that one of which would address section 3-75 which has already been ruled on by the Georgia Supreme court in the so called Gold Club case where the State attempted to pass a similar ordinance. So at this time if I could I would simply present that to preserve our challenge as to the constitutionality of that portion and some other portions of your ordinance. Mr. Camp: Mr. Mayor, that has not been ruled on --the Gold Club case. Nude dancing and alcohol has not been ruled on by the Georgia Supreme Court yet --not in the context of the city or county ordinance. Mr. Steely: What are you relating to Mr. Osborne? Mr. Osborne: What am I relating to? The State passed a law that I believe Mr. Camp is familiar that basically says the same thing, that no alcohol could be served in certain establishments which included exotic dancing or nude dancing and the State Supreme court in the Gold Club case said that was unconstitutional and a deprivation of the rights of what was, at that time, a Las Vegas corporation operating the Gold Club called Entertainment Systems, Inc. versus Harris and I could get the cite on it, but I believe we have cited it in our briefs already and if you want to try to travel under this ordinance, I'm sympathetic... Mr. Steely: That is only one part of the ordinance. My problem right now is that the prints that I saw had no kitchen on them. I am not going to treat you any different than I am anybody else that comes up here for a liquor license. If they come for a liquor license, they will go by this ordinance. Every word in this ordinance will be completed by you. You give us a set of prints then come back and say I've got a kitchen, but it's not on the prints. I have never even heard of a kitchen in there. You are telling us you are serving sandwiches in a microwave oven. Mr. Gravley: Your inspector came and inspected the building, he was totally aware that there was a kitchen there. The Cobb County health department came out and fully aware that there was a kitchen there. Mr. Shinall: What evidence can you present here tonight that our inspector was fully aware that there was a kitchen there on his CO? Mr. Gravley: Is Mr. Stokes here tonight? Mr. Shinall: I don't see him. Mr. Gravley: He was the one that did the final inspection. Mr. Shinall: Does your CO read that you have kitchen facilities? Mr. Gravley: To tell you the truth I don't remember. I don't know if it does or not. Mayor Bacon: I think we have Mr. Ken Hildebrandt, our city engineer, who may can shed some light on it. What do the plans show? Is there a kitchen? Ken Hildebrandt was sworn in by Mr. Camp. Mayor Bacon: Ken, do those plans show a kitchen? Mr. Hildebrandt: No sir, I was not involved in the original plan review but since the building inspector could not be here tonight I have been asked to look them and I see no evidence of a kitchen on the plans. 0 June 3, 1991 meeting - continued Mr. Camp: State your name and occupation. Mr. Hildebrandt: My name is Ken Hildebrandt and I am the City Engineer for the City of Smyrna. Mr. Steely: Ken, most of the other plans you have come in your office for a restaurant serving alcoholic beverages, and I will give you an example because one of the latest ones built in the City was Ruby Tuesday's --did it show a kitchen? Mr. Hildebrandt: I couldn't say because I'm usually not involved in the review of those plans. Mr. Steely: Let me ask you this, are most of them since you have been reviewing them --if you are reviewing them would you catch that, that there is a kitchen there Mr. Hildebrandt: We would catch it but upon a final inspection I really don't think we are looking for that because alcoholic license was not in question at that time. Mayor Bacon: Is it not true when you first came to us that you were not going to sell alcohol? Mr. Osborne: That is correct. That's my understanding in the first meeting that we had. Mayor Bacon: So there was not an issue of an alcoholic beverage license when you first began? Mr. Osborne: Not for probably a week, that is correct, back in July. Mr. Shinall: Are these the plans that you submitted to our building department? Mr. Osborne: There have been several changes made that were submitted. My understanding is from Mr. Stokes or someone, that those have now been misplaced. These are the original plans, I believe, there were some changes made, sever changes made and my understanding is those have been lost or misplaced by the City. Mr. Shinall: Okay, did any of those plans contain a defined area as a kitchen and can you produce a copy of those plans? Mr. Gravley: I'm sure we have another set. Mr. Shinall: Do they contain a defined area that says kitchen? Mr. Gravley: Yeah, I think there has been kitchen wrote in --on there it shows a little office space which was changed --I think we wrote in kitchen you know, in the old office space. Mr. Shinall: You are testifying under oath tonight that you submitted plans to us that had a kitchen in those plans? Mr. Gravley: Yes I did. Mr. Shinall: How can you verify that? Mr. Gravley: I'll look in the office and see if I have another copy. Mr. Shinall: Just because you struck through something and wrote kitchen over it --then it's your testimony tonight that constituted a kitchen. Mr. Gravley: We have submitted and re -submitted so many times I don't, you know, it's hard to keep up. Mr. Shinall: We have already been confused once tonight --you said you had a license for a private club and you don't. Mr. Gravley: Well you obviously have the license laying in front of you... John Patterson: Let me help on the kitchen issue. I've been watching this for a while and as recently as this last Thursday I spoke with our chief June 3, 1991 meeting - continued building inspector Mr. Scott Stokes and asked Mr. Stokes for the set of plans for the Platinum Plus remodeling, and that is the set of plans he brought me and there is no indication of a kitchen. So I asked Mr. Stokes if there was a kitchen at that location and he said no. I said is there any device behind the bar that they could point to, a hot dog rotisserie or something such as that to say yes, this is our kitchen, and he said well there is a hot dog rotisserie and something for warming items but there is no kitchen as prescribed in the code. Mr. Stokes was adamant that there is no kitchen,no kitchen plans shown, no electrical, no plumbing required for a kitchen as prescribed by code. There is no kitchen at the facility on these prints or in Mr. Stokes estimation, on the premises. Mr. Steely: The only thing I see in here is they have re -drawn the sewer system a little bit. They have removed an existing hood that I guess was part of a kitchen at one time but that's the new bar. These prints were stamped and approved by us on 3/21/91 and as far as I know, that is the only set of prints I have seen. I would like to call on our assistant fire chief. Have you seen a set of prints? Asst. Chief Bivins: No sir, I'm not involved in that part. Captain Ruffner will be your best bet. He might have some but as far as me, personally, I do not. Mrs. Jordan: I know that on several occasions when I would come by City Hall I would ask Mr. Stokes how the building was progressing and I guess every time I asked him if there was a kitchen, he stated there was none. Mr. Scoggins: Mr. Gravley you are testifying one more time that you do have a kitchen, under oath, is that correct? Mr. Gravley: Yes I do. Mr. Osborne: As a matter of fact, if I could ask him a few more details about the kitchen it might help. I believe there are some sinks, is that correct Mr. Gravley? Mr. Gravley: Cobb County Health Department told us to put 5 sinks in, and we did so. Mr. Osborne: And I believe there was a provision for the kitchen area as you understand it when it was submitted, and then re -approved to you. Mr. Gravley: Yes. Mayor Bacon: Where are the sinks located? Mr. Gravley: They are in the kitchen. Mr. Steely: Here are the prints you submitted. Show me where the kitchen is, if you don't mind. Mr. Gravley: Do you see where it says office on there? That... Mr. Steely: Does it say office? Mr. Gravley: On this set. Mr. Steely: Okay, that is the only set I have seen. Mr. Shinall: Mr. Gravley, Mr. Osborne, you have testified here tonight that you are familiar with our ordinance. Have you ever served in the military? Mr. Gravley: No. Mr. Shinall: You are not on parole, right? Mr. Gravley: No. Mr. Shinall: Have you ever held a previous alcoholic beverage license at any location? Mr. Gravley: No. Mr. Shinall: Has any of the partners in the business held an alcoholic beverage license at any other location? ko June 3, 1991 meeting - continued Mr. Gravley: No. Mayor Bacon: Mr. Gravley, has there been any alcohol in that building since you opened up? Mr. Gravley: One dancer brought some in --we found it and dismissed her at that point. Mayor Bacon: Has anyone gone outside to their cars and brought in alcohol? Mr. Gravley: Not to my knowledge. Mr. Hawkins: I would like to read into the record what our ordinance defines as a restaurant: Any public place kept, used, maintained, advertised or held out to the public as a place where meals are served and where meals are actually and regularly served with a minimum seating capacity of 40. Such place being provided with adequate and sanitary kitchen and dining room equipment, air conditioned, having employed therein a sufficient number and kinds of employees to prepare, cook and serve suitable food for its guests. At least one meal per day shall be served at least 6 days a week with the exception of holidays, vacations and periods of redecorating and the serving of such meals shall be the principal business conducted with the serving of distilled spirits to be consumed on the premises as only incidental thereto. I think it pretty well spells out what it will take to serve food --dining room equipment, a cook. Do you have an employee designated as a cook? Mr. Gravley: Yes we do. Mr. Steely: I asked you a question when you first came up here. Is your principal business adult entertainment? Is that correct? Mr. Gravley: Yes. Mr. Shinall: I further questioned you on adult entertainment and you answered and replied for the record that your principal business was nude dancing. Also, as part of the record I would like to point out that your lease agreement states that your business is nude dancing, or your principal business is nude dancing. Mayor Bacon: Any other questions of Mr. Gravley or Mr. Osborne? Mr. Osborne: Whenever you are ready I would like to make a few remarks and ask Mr. Gravley a few questions for the record. Mayor Bacon: You can do that now before we hear from the opposition Mr. Osborne: Just for the record I would also like to point out on page 448 of your ordinance, Section 3-28 which is entitled "Permitted establishments and locations for sale of malt beverages and wine" stated that "establishments which are specifically. approved for the sale of malt beverages and/or wine subject to obtaining a license for such sale under the requirements of this chapter are as follows: 1. Restaurants except where operating only as the minor sideline of other business within said location. 2. Grocery Stores located in proper zoning, temporary produce markets excepted. 3. Clubs both private and public which meet the following requirements. Pouring licenses shall be issued only to establishments serving food prepared on the premises pouring license proceeds shall account for less than 1/2 of the total revenue for any four given consecutive quarters of any establishment serving food prepared on the premises and soft drinks. Proceeds for pouring licenses shall account for 400 or less of the total revenue for any four given consecutive quarters of any establishment serving food prepared on the premises and soft drinks. And then finally of course the requirement that all establishments licensed to pour shall submit a quarterly audit. Also number four would be package stores and number 5 superette type food stores. Jack Shinall: Mr. Osborne, what is that section titled now? Mr. Osborne: That section is titled "Permitted Establishments and locations for sale of malt beverages and wine." John Steely: Malt beverages is a liquor license. June 3, 1991 meeting - continued Mr. Osborne: That is correct. That section, that particular section does not apply to liquors, I understand it. You're right. Jack Shinall: And therefore does not apply to this license application. Mr. Osborne: Well, the license application would be for any form of alcoholic beverage. Jack Shinall: No sir, the license application is specific. I didn't mean to interrupt you. I apologize. Mr. Osborne: That's alright. Well, you know, if you are acting only on the liquor application then you know that's I suppose that's something..... John Steely: We're acting only on our laws that we've created here. Mr. Osborne: I'm not trying to tell you how John Steely: Oh I understand. You're doing your best to change them but we are acting only as a governmental body should with our own laws. That's all we can do. Mr. Osborne: Alright. If I could I'd like to ask Mr. Gravley a few questions. Basically, your name is Don Gravley, is that correct? Mr. Gravley: Yes. Mr. Osborne: Mr. Gravley do you meet all the requirements under the Smyrna Code for a liquor pouring license as you have applied for? Mr. Gravley: As I understand it. Mr. Osborne: Do you also meet the requirements to get a pouring license for malt beverages and wine? Mr. Gravley: Yes I do. Mr. Osborne: Alright. Now do you currently hold a license to operate your business in the City of Smyrna? Mr. Gravley: Yes I do. Mr. Osborne: Did you provide all the information to the City officials as has been requested of you? Mr. Gravley: Yes, I did. Mr. Osborne: Basically, ladies and gentlemen, you know I've obviously this comes in to you as you mentioned from the beginning and the context of the history of this thing since July there has been some degree of maybe unfortunate occurrences that have gone on since then, Mr. Gravley is currently operating, of course he fully intends to continue operating with or without his license we do feel he is entitled to it and we respectfully would submit to you that he is entitled. Jack Shinall: Mr. Osborne before you get down, you submitted a document up here and you said it was certain things. I disagree that it is certain things. Would you please explain in detail what these 1, 2, 3, 4, 5 paragraphs mean? Mr. Osborne: Are you talking about the letter dated June 6, 1991. Jack Shinall: The letter you presented to us. Mr. Osborne: Well, our position is that certain portions of your ordinances are unconstitutional and that they would result in a deprival of Mr. Gravley and his company's property right without due process of law. I cite the Article 1, Section 1, Paragraph 1 of the Constitution of the State of Georgia and the due process clause of the 14th Amendment of the Constitution of the United States, also, in particular your code sections 3-24, 3-26 and 14.166G which is your adult entertainment establishment act are particularly offensive to Mr. Gravley's application. Jack Shinall: How many of those ordinances have been ruled to be unconstitutional at this time, at this point in time? I7 June 3, 1991 meeting - continued Mr. Osborne: The adult entertainment ordinance has not been ruled on. Your others have not been ruled on either to my knowledge though I suppose that's what the system is all about. If we feel like that they are unconstitutional we'll proceed in good faith to Jack Shinall: That is a position that is not fact. Mr. Osborne: That is correct. Well.... Jack Shinall: Fact is proven by a court of law. Mr. Osborne: Just as other items, any ordinance that is challenged obviously has to work its way through the court system and for a judge to determine it you could pass ordinances here tonight that would exist until someone challenges them. Jack Shinall: That is correct. The fact I am trying to establish is your statement is that they are unconstitutional, we say they are not unconstitutional and so it's your feeling and our feeling until it is established in some other manner. Mr. Osborne: Well it is your point of view. I suppose you would say its your position, I suppose that they are constitutional I trust that ya'll are dealing in good faith and we're certainly dealing in faith that we are challenging them so... Jack Shinall: And what tonight have you presented to show that these ordinances are unconstitutional. . Mr. Osborne: Well, I have not submitted a brief to you. I have referred to of course the incorporated the law suit that was filed and there has already been one brief submitted and of course there are other briefs due Thursday which will address some of the same issues so I don't expect for I don't think anybody would expect you to as a body to enact a law and declare it to be unconstitutional yourself. I would be happy if you were to acknowledge certain facts that the courts have already ruled on but if you don't we have to work within those constraints. Jack Shinall: Well the cases that I've seen and I haven't read all the cases they're not to me personally, or to me not personally, but to me yea, personally they don't seem to be unconstitutional and when you step up there and tell me that they are unconstitutional then hey I haven't made up my mind, I can change my mind. Tell me how they are unconstitutional? Mr. Osborne: Alright, sir. Well Section 3-24 I can get into some I guess... Jack Shinall: I've got all night. Mr. Osborne: a constitutional law session here. Section 3-24 under general qualifications sub section 1 that the applicant is of bad moral character, has a bad reputation in the community or does not have sufficient mental capacity to conduct the business for which application is made or who has been dishonorably discharged from the Armed Services of the United States. Anytime that a city or a county adopts an ordinance adopts a law and of course the ordinances and the rules and the resolutions that the City would make have the force and effect of law as long they don't conflict with either State law, Constitution of Georgia or the Constitution of the United States generally speaking. Basically I feel that that particular aspect does not give sufficient standards does not give a reasonable person sufficient knowledge ahead of time to know to give definitions on what you are seeking. What an applicant, any applicant, that comes before you in the past or in the future or here tonight would be able to know what to expect and what standards that you are going to enforce. Jack Shinall: If you received a dishonorable discharge from the military service would that not lead you to believe that there's possibly some bad moral character? Mr. Osborne: Well that obviously, that particular aspect of it, is probably less offensive than the others. Jack Shinall: If you were judged mentally insane would that not give you pretty good feeling that you might not ought to issue a liquor license to that person? 13 June 3, 1991 - meeting - continued Mr. Osborne: You're saying mentally insane? Jack Shinall: I've got it here, I'll read it again. Mr. Osborne: I don't believe.... Mr. Shinall: I'm going to have to read it again - sufficient mental capacity. Mr. Osborne: That's not insanity. Perhaps if you used the word insanity it might be a little more supportable law. Jack Shinall: And if you were insane, insanity, pardon me I don't know the difference. Mr. Osborne: Well mental capacity, Mr. Shinall, would go to a person's ability to process information to respond to information and to digest and to proceed to handle business transactions and life. If, all I'm saying is if the City in enacting this particular ordinance had been more specific and not quite so vague in the standards that would be give notice to a reasonable person what he would be expecting when he comes in here. I'm respectfully Jack Shinall: I know, I know. Mr. Osborne: submitting my point of view to you, I don't expect for you to buy it... John Steely: You're still talking about the liquor license, right? Mr. Osborne: Sure. Mr. Scoggins: Mr. Osborne, just one question I'd like to clear up just for the record and it's a minor detail I'm sure. If you had an emergency at your establishment, say you was issued a license, B. Don Gravley lives at 5835 Hill Road in Smyrna, Georgia 30080... Max Bacon and Kathy Jordan: Powder Springs. Mr. Scoggins: B. Don Gravley lives at 5835 Hill Road, Powder Springs, Georgia, where would we come to find you Don? Mr. Gravley: It's always been Powder Springs. Mr. Scoggins: OK, thank you. Jack Shinall: Mr. Gravley, maybe it's unconstitutional too Mr. Osborne, the part of our ordinance contains a requirement that each person who serves alcohol be permitted. Of course you don't serve alcohol, so you don't need a permit right now. Kind of a stupid statement. How do you propose to prevent the sale of alcohol to unauthorized persons? What is your training program? What are you going to use to train your people? And how are you going to control, you know we have sting operations, you know they happen, and they're not just against B. Don Gravley. Mr. Gravley: We have a man that stands at the door and checks ID's of everybody that comes in. Jack Shinall: And everybody that comes in will be 21 years old? Where did I get this 18 from? Mr. Gravley: We're not serving liquor right now and 18's are allowed in. Jack Shinall: OK, alright. We agree on something. Max Bacon: Any other questions? Anyone here from the opposition? You want to say something Mr. Osborne? Mr. Osborne: Well I hadn't really finished responding to Mr. Shinall's question. I've got probably.... Jim Hawkins: Isn't that something that's going to be reserved for the Court, the constitutionality of our law? Mr. Osborne: I agree sir. I didn't try to do a dissertation. Mr. Shinall asked me to explain it to him and I began there's... ,a June 3, 1991 meeting - continued Jim Hawkins: I know, I know. Jack Shinall: Well that's what happens when someone comes up here and throws an envelope on the counter and says this is unconstitutional. That envelope don't tell me nothing Mr. Osborne. Mr. Osborne: Well .... Mr. Hawkins is asking me to reserve it and you're asking me to do it. Now I've got about two hours that I can talk about it or I can reserve it if you'd like. I'm trying to respond both to Mr. Shinall and Mr. Hawkins. Jim Hawkins: You're trying to meet the technicality of law so that it can't be raised in court that you didn't raise your constitutional objections here at this hearing and I understand that. Mr. Osborne: OK. Jim Hawkins: The question of whether our law is constitutional or not will obviously be decided somewhere else not in this room tonight. So we could debate it all night and.. Mr. Osborne: Well if you would prefer I would be happy to reserve.... Jim Hawkins: I would prefer that you move on. Max Bacon: I think that you have made your comments in your letters to our Clerk so any other questions and we will probably need ya'll to come back up here in a minute. At this time I'm going to ask for the opposition. So if ya'll will just have a seat. Come forward one at a time or whatever, tell us who you are and where you live at. My name is Ed McCloud, sole voice from Ward 1. Max Bacon: Pardon me? Mr. McCloud: In opposition of this I have a few comments that may sound pro or con. I, as an accountant, I look at things in dollars I don't look at things by moral values. Number one is for the people who mentioned the incident in the paper today or the news. This was an alleged crime, no one has been convicted, let's not let our emotions make judgements that we all shouldn't make and since we have a lot of religious people here I'm sure that you know that you are not supposed to judge others before they are incriminated or tried. So I would like us to keep that fact in mind. Number 2 it is inevitable that this place is going to open eventually. What concerns me is not the stalling techniques, $22,000 for getting the building to code, seven sets of permits or building permits and drawings that were misplaced or lost, I understand the situation and I'm sure that I would probably arrange to have a few lost myself. Jim Hawkins: There were no prints lost. Max Bacon: We need to clear that up. You talk about.... Jim Hawkins: You made a statement that we don't totally agree with. Jack Shinall: That's $22,000 in cashed checks issued to Mr. Gravley. We're not saying for any building... Mr. McCloud: I'm talking about the cost of getting the building to code was $22,000 because I got to see the numbers as well. I'm not defending opening this bar, what I'm saying is by legal costs we are spending a lot of money and we're going to lose because we the voters did not plan long term to fix this problem to begin with, we didn't have a zoning problem, we didn't have the zoning set up to prevent it to begin with, and now we're going to spend a lot of money and they're going to spend a lot of money and the biggest problem is when this guy runs out of money he's going to get somebody that's not of good reputation who may have a clean record to help finance him to fight ya'll and then we're going to have a worse situation. And what I haven't heard from anybody is what's going to happen after the fact. I heard laundering, I'm a CPA, laundering is the last thing you need to talk to me about cause I used to catch people laundering vans remodeled for $17,000 that were $500 and call it and funnel drug money through re -shops to do vans. You can launder money anyway. That's not even an issue. There are so many ways I can tell you to launder money and the Nude Club is minuscule compared ... June 3, 1991 meeting - continued John Steely: Excuse me sir just a minute. The mention of laundering money... Mr. McCloud: That was mentioned by.... John Steely: You made those comments when you came up here the first time. Mr. McCloud: , No, I did not mention laundering that was the gentleman in front of me mentioning it. John Steely: I'm sorry, I'm sorry, I apologize. Max Bacon: This body has not mentioned laundering money. John Steely: We have not mentioned that nor have we mentioned there's a couple of other comments that you have made that we have not made. Mr. McCloud: I understand. I'm just mentioning these as issues that people are going to present and I want people to look at it objectively. The second thing is after this is all done, once it all occurs, I hope that because we didn't act responsibly to prevent it, that we will act responsibly to control it. Number one I hope that there is some requirement, weekly, for drug test by employees like there is for the clubs in Atlanta. There is one particular club in Atlanta that this attorney ruled on or was talking about ruling on was the Gold Club. The Gold Club requires weekly tests, if you are caught and you don't pass the test you are suspended for four weeks, on your second offense you're no longer an employee and never will be. Community standards, I would like to know once this guy opens is he going to be in the Smyrna Business Association, he is going to be in the Chamber of Commerce, is he going to sponsor a softball team, is he going to take our money and corrupt our kids and leave the town and not give anything to the community? I haven't heard anybody ask him that. Mr. Hawkins: You can't make somebody do that. Why would you ask somebody to do that? Mr. McCloud: I would like to know if he is going to be an upstanding citizen in the community and contribute to the community. Mr. Lnenicka: That can't be a factor in our decision. Mr. McCloud: The people in this room have a right to know that as well. The other thing is in some nude bars it is required or they offer a designated driver. This person pays no cover he sits at a table and he takes three drunks home and he drinks soft drinks all night. I don't know if ya'll are going make that a requirement, I don't know if you are going to ask him to cooperate about that, I don't know what you're going about that but I think it's important. The last thing is setting an example. It is obvious that this is going to be challenged in courts, it is obvious it's going to be challenged in courts in other municipalities and small towns in the future. We have to set an example here of staying above emotion, abiding by the laws and we have to set an example if we have to deal with this of how it is going to be run and what is going to take place when it opens, if in fact it opens. The idea of the principal business the principal business is nude dancing as stated by them whether the business is set up to eat or drink is insignificant, you're trying to prove that he doesn't have a restaurant which I think is a good argument the other item on security after it is open is am I going to drive by there and see people loitering in the parking lot, if someone drives in there by mistake are they going to run over a bottleneck Budweiser, I haven't, I see us spending a lot of dollars fighting this because you're in office and you have a responsibility to the community who had the lack of fortitude to vote for people to make this prevented to begin with, avoid the law suits, to avoid the legal fees, there are a lot of people to blame in this matter, what I want to know is are we going to correct the problem after we have to deal with it, are we going to continue to think short term and deal with it on a case basis and am I going to see a crowd of people in here in six months, this whole thing could have been prevented. That's the biggest problem in here tonight. Max Bacon: You know, I tell you, you have mentioned that I don't know how many times and what you're telling us is that the people have made 8 mistakes up here, seven council members and a mayor, that they have really messed up by electing us, you know we have a pretty damn good town up until this point now. ,v June 3, 1991 meeting - continued Mr. McCloud: I understand that.... Max Bacon: And I'm a little offended by you coming up here making your comments that half of them don't make any sense to anybody because I haven't understood one of them yet. You get me down one road and then you turn to the left and I don't know where the heck you're coming from. I'm just telling you this. We did what we thought was right. Yea, we didn't have an adult entertainment ordinance on the books, what do you want us to do get a cock fighting ordinance on the books because it might come next? Mr. McCloud: Yes, yes by all means. Max Bacon: Why don't you get elected then, there's positions open in your district, you run, you run for mayor or you run for councilman. All that you've done 90% of the time up here is criticize this body. Tell us what you would have done. Get out there and run for office then. That's all you've got to do. Mr. McCloud: I've already voiced the opinion that I will and I've made that comment... Jack Shinall: Mr. McCloud, it's obvious that you don't know that much about this business that you don't even know that it's already open. Mr. McCloud: I understand that it is open. What I'm saying is what are we going to do to control the situation after it opens if we have to face that and after ya'11 have spent all of our tax dollars fighting something that's going to happen anyway, what are we going to do to control the problem with it after it's open. Jack Shinall: The only thing we can do or what we will do is enforce the laws of this City. John Steely: And Mr. McCloud.... Jack Shinall: And we'll do our best to enforce those laws. Mr. McCloud: I hope that's what happens. John Steely: Mr. McCloud... Jack Shinall: If the judge rules them unconstitutional then we take them off. We can't enforce them. John Steely: I don't think anybody up here is going to roll over either. Mr. McCloud: I know that, but what.... John Steely: I'm not going to roll over on anything that comes into our community that might destroy it. We've already lost that case that's nudity, that's part of that. We're talking about a liquor license up here now... Mr. McCloud: I understand that. John Steely: Now if you would like to address that then I wish you would if you don't then I'd like to see somebody else get up and speak. Mr. McCloud: All I'm concerned about is we're going to spend a lot of tax dollars in legal costs. I'm not looking at this on a moral basis, I'm looking at it in dollars. We're going to spend a lot of money in legal costs and I have a problem with that just like I had a problem with giving away $60,000 additional interest on banking last week. Max Bacon: Those were estimates, those were estimate numbers, they were not guaranteed numbers. Mr. McCloud: Yes, I understand that. I have a problem with the cost. I have a problem with the tax dollars spent on it and I would like to know when this is all over, a year from now, how much the City did spend fighting something that we need to control. Jim Hawkins: Can you sum up your position by saying that it is your recommendation to this body that we should go ahead and grant it because we're going lose it and spend a lot of money losing it. Is that what you are saying? June 3, 1991 meeting - continued Mr. McCloud: I think we should grant it, let him fall on his face, make it so hard for him he has to leave, but don't waste all of these tax dollars fighting something that we can't win. Jim Hawkins: Sir, under your scenario, you would cost this City millions of dollars in discrimination suits because you can not single that man out and make it hard on him because then we really would get sued. Mr. McCloud: We have already done that. Jim Hawkins: Well you need to bone up on what you're talking about because you don't know what you're talking about. Mr. McCloud: We have already done that. Mr. Lnenicka: We have not and I would just like to point out for the record something that's been mentioned earlier. The law on the books that this City has the ordinance which was passed long before any of these sitting council members and the mayor arrived here, dates back to 1972 which prohibits mixed drinks, pouring license and nude dancing in the same establishment. If something was going to be done a long time ago as you are suggesting, it would appear that that 1972 law would address that situation. Max Bacon: OK, yes sir. Mr. Mayor, council, my name is Merle Vinson and I am a family representative from the Smyrna Worship Center and my concern with the liquor license is the drunk driving that will take place from that premises. I haven't heard anybody ask him about anyone being served a drink after their point of intoxication. If they leave there on 0.8 they're impaired, .10 they're DUI. My family and myself and many families of Smyrna Worship Center have to pass that place at night and at day to go to church. We have to come in contact with these DUI's coming out of there, with these people who are impaired and these people who are drunk coming out of there. This is a grave issue to us and we are very concerned about it. We have meetings at our church sometimes we're there five or six times a week. And we're there til late hours at night sometimes and the fact that the club is open and that they are in business is sad for us and we have no control over that and it is open, but we do have control over this liquor and I don't believe that our police department and our STEP program can handle the extra burden right now I think they are pretty well taxed out to the point of more money is needed to build up the force. I have talked to several police officers, have talked to the captain and I know many of them personally and they are taxed to the force right now and they need extra manpower, they need extra money, they're going to be hitting us up for more money for a bigger police department soon. Our STEP program has been a wonderful program to get drunk drivers off the road but now we're going to be spread even thinner and our family has to go by that place so many times a week to go to church just to worship our Lord and we've got to subject our children to DUI's coming out of this business and I would like you to consider that. Thank you. Max Bacon: What else? My name is Ted Reed. I spoke previously, most of you know me anyway, I'm an attorney and I live about less than 1/2 mile from this establishment. Unlike some other people that have been here I really appreciate the opportunity to address this Council and I appreciate the consideration that has been given and I feel like the Council has done everything that they can to hear all sides and to act fairly. I knew this establishment back when it was a Pizza Hut/Pizza Inn or one or the other some years ago and I know it.'s not very large. One question that I had in the audience and maybe somebody could clear this up is assuming that there is such a thing as a kitchen that exists on this premises, I'd like to know approximately the square footage. I think Mr. Steely looked at a plat or something. I'd like to know that. The reason I say that is my understanding under our ordinances for pouring license that you have to primarily sell food, you know you can't just be in the drinking business you've got to be primarily a restaurant and if 60% of the revenue is coming from this kitchen which appears not to have very much in the way of facilities outside of a microwave and a sink I'd like to know what size area we're talking about here that's doing all this business. It must be a very busy place, could somebody help me with this? John Steely: I'm trying to find a scale on this thing. I'm sure it's on here. One quarter equals one foot, I'd say that that's roughly 24 x 12. Is that close? June 3, 1991 meeting - continued Ted Reed: 24 x 12? I believe I've got a bedroom bigger than that. John Steely: I say that's roughly. Ted Reed: I understand. It would seem like it's going to be hard to bring in 60% of his revenue with such limited kitchen facilities and I would submit that that's something that we might want to look at. At this time... John Steely: I would like also to ask, excuse me just a minute Ted, if that is an office that I gave you the dimensions on not a kitchen. Ted Reed: Oh, that's an office. There is no kitchen on the plat. I understand that. I'm just saying that if it became a kitchen I wonder what size we are talking about that's going to account for 60% of his revenue and you know I would think it would have to be a pretty good size. You know I have to be very careful on this especially as an attorney I certainly would not want anyone to think that I did anything to discourage the character of a person running a nude dance establishment but he does at this time have some charges, I won't go into that, he has some charges of sexual misconduct. My question here and maybe somebody can help me on this and I think a lot of people in Smyrna would like to know the answer to this if later on this charge of sexual misconduct became a conviction and if we had previously granted a license to Mr. Gravley would we have anyway to get it back or once it's granted is it gone no matter what he's done? Max .Bacon: There are provisions in the ordinance to repeal a privilege license from any individual for any violation of the Code. I don't think we need to elaborate on.... Ted Reed: I'm just asking if there is... Max Bacon: I don't think we need to elaborate on any charges if they are or aren't, these are just charges he has not been convicted of anything. But there are provisions in there that we could revoke the license. Ted Reed: It could be revoked then if the charges became a conviction at some point? Max Bacon: That's correct. Ted Reed: OK. Well again I would like to tell you how much I appreciate the opportunity to address this Council and it's easy to point the finger and say why didn't you think of this or why didn't you think of this. Well, I'm an attorney and I didn't think of it and I talked to Kathy about several things but going over the City ordinance and checking every little point was one thing I forgot. I just gave her heck about the ditch behind my house, you know. Max Bacon: The fact of the matter is, Ted, no municipality in Cobb County no city or county government had an adult entertainment ordinance. As a matter of fact Smyrna was the first one to adopt an ordinance. Ted Reed: Well I think it's tragic that a little town like Smyrna should be faced with this. Believe me my family is in City government in another state and you can get caught with a lot of things you know and I realize that but I think most of us really appreciate the job that you're doing. Max Bacon: Well, Ted, I have lived here for 42 years and I would have never thought that we would have a nude dancing club and I know my father who was mayor before me would have never thought that. It's just one of those situations that you have. Geographically, we talk about all the good things about Smyrna but we get some of the spin offs of the things that maybe folks don't want out here. But it's just because of where we are. Ted Reed: Well I'm hoping this activity can be curtailed because no one here wants to live on a Stewart Avenue or no one here wants to live on an area that is constantly going down hill that has strip joints, nude dancing a lot of bars and that sort of thing and we're counting on you and we know you'll do your best to keep this community headed in the right direction. I thank you. Max Bacon: Thank you. Anyone else? /q June 3, 1991 meeting - continued My name is Darcey Still and I'm a property owner here in Smyrna in Ward 6 but the establishment Platinum Plus is less than a mile from my house which affects the value of my property for one thing, no one wants to buy a house less than a mile from a nude dancing establishment. Another thing, I have a daughter that I'm not real happy for her to grow up in an area that has nude dancing establishments and I'm not a lawyer, I'm not a critic of our city government I think ya'll have done a great job. I don't only not want them to have a liquor license I don't want the establishment in my city. I'm ashamed and appalled that we have to even deal with this. I'm ashamed to say that I live in Smyrna right now because this place exists. It terrifies me that when my daughter starts driving or when I'm driving somebody from that place is going to you know a DUI is going to hit my daughter and kill her I mean it happens all the time. But the closer this type establishments are the more pending those types of things you know the more often they occur and I hope you do everything that you can to stop this and to end it and I just wanted to say my piece. Kathy Jordan: Thank you. Max Bacon: Anyone else? I really didn't have anything to say but I just wanted to oath in just in case I did and I guess one thing I would like to say.... Wade Lnenicka: Excuse me. Please state your name and address for the record. Do I have to state my address? Council: No just your name. Thank you. Bobby Brock. The gentleman was saying that you know we've been paying a lot of our tax dollars to pay I don't quite understand but I'm very happy to know that my tax dollars are working for something that's against this. I don't want to be a hypocrite. I understand where they're coming from. I'm an ex -dancer myself and I don't know anything about the law but I can't understand the underlying thing is that all the dancing that's involved is not so much the liquor that's coming out of it or the food that's coming out of it, it's the people themselves I understand this thing that's called the Constitution that the people want, the people want a nude club, but I don't understand any of us voting for anything like this. I don't understand it but I just wanted it to be brought out that you know that if we have this that people should understand the dancer's side of view and what they go through and that it's hard putting up with the men and it's hard to get out of the dancing, it's addictive, I hate it, I don't want to have anything to do with it but myself, you know, it's hard and I have to pray everyday not to go back to it because it's hard working a 9 - 5 job and then going back to an establishment where I can make a couple of hundred dollars a day and it's like you know so many people are out there helping alcoholism, you know, addiction, abused families and stuff but this is exactly bottom line, this is right along with it. I really have nothing else to say. There's probably a lot of things I want to say but I can't get them out. But I was just wanting to say thank you guys for letting our tax dollars pay for it and you guys did a good job defending yourself. I'm kinda staying neutral I understand their point and I understand your point but I just wish the community itself could understand them, what's really going on, not just the alcohol and this and that but what the girls go through. Because it's really hard and a lot goes on that's not understood or even what the managers really know. Thank you. Council: Thank you. Max Bacon: Anyone else? Has he been sworn in? Were you sworn in? I spoke earlier. Max Bacon: You need to be sworn in. Swear him in right quick. My name is Charles King and I would just like to point the body's attention to the accident that happened on I-75 north where this gentleman was able to drive 10 miles and killing somebody, I'm sure we've all heard of that. Is it true? /0 June 3, 1991 meeting - continued Max Bacon and Kathy Jordan: Yes. Charles King: Ok, on the news it showed the entrance to the expressway ramp where he got on was Northside Drive. And I've driven down Northside Drive and I've driven down it many times. There are only two places that I know of within a couple of miles of that entrance where he could get drunk. One is called Ponytail Club, across from the Waffle House which is not only about a hundred and fifty yards from the exit, and the other one is another club I think it's called Dancers on up the road. Now there aren't any others that I know of places where he could have gotten drunk. And I just wanted to say by my past experience in these places I've seen the dancers do their thing so to speak for people until they are absolutely drunk and they do not know what they are doing. They'll take the credit cards from the people and run up dances on credit cards. I've seen that. And the reason why they have people who will drive them home is cause they are so drunk and they've been taken advantage of so much that they don't know what they are doing anymore, you know, and this is part of the addictive process of people that go to these clubs, you'll find that the same people will go to them over and over. Just like the dancer who was up here earlier said it was addictive. Well it is addictive and I know the subject here is the liquor license but really the true subject that you really need to address and you probably would like to is the moral issue and I think that anything you can do to take a stand for the moral issue here, let the whole country know, you know that you will stand on what's moral not necessarily on what is technically legal and that would be of benefit to the community. Thank you. Max Bacon: Anyone else that was sworn in? I think we've about got everybody else. I want to ask Mr. Osborne and Mr. Gravley to come forward and see if there's any more questions that Council has to ask or any questions that Mr. Osborne wants to ask. Any other questions of Mr. Osborne or Mr. Gravley? Jack Shinall: Mr. Gravley I don't know that Mr. Osborne could probably address you on that but we have a citizen that says what good are you going to do for the community? What's your objective for the community? And you don't have to answer it because it's not pertinent to this case if you don't want to. Mr. Gravley: I've been asked to sponsor ball teams which I've agreed to and I've been asked to join the Chamber of Commerce which I've agreed to do that also. Kathy Jordan: Are there any more questions? Jack Shinall: Yes. The people who will be serving alcohol, since we are talking about the alcoholic beverage license, will they be tested in any manner, do you have any proposal to test them? Mr. Gravley: Test them for what? Jack Shinall: Possible disease, or any, health test. Mr. Osborne: If the ordinance requires that he'll be happy to do that. Jack Shinall: I don't think it does Mr. Osborne, I'm just asking the question. Mr. Osborne: Well if it doesn't require it then maybe that's something ya'11 need to do and we'll comply with it after you pass that. Jack Shinall: Comply with it or go to court. Kathy Jordan: Mr. Osborne, it is in the ordinance that anyone that serves alcohol has to be fingerprinted and investigated by the police department if they have had any prior convictions with selling alcohol to a minor and being caught for it, we do not issue them license, permits, excuse me, I mean permits to serve liquor. Mr. Gravley: And if he doesn't have a permit, he will not work there. Kathy Jordan: OK. 21 years old? Mr. Gravley: And up. Max Bacon: Any other questions? Kathy Jordan: Any more? 2/ June 3, 1991 meeting - continued Jack Shinall: Indicative of these types of clubs it is my understanding that the primary source of income now is tips for your contract dancers, is that correct? Mr. Gravley: That is correct. Jack Shinall: Alright, the more excited or the more appealing that they can make their dance, or their actions, then the better service the better they're going to .. can you assume that they would probably get tipped better? Mr. Osborne: I'm not sure I understand the question. Are you saying the better job of dancing that they do the more tips? Jack Shinall: The better job of dancing or the more appealing or more enticing that they are ... normally they... Mr. Osborne: I suppose that gets to the heart of why this is 1st Amendment protected discretion. And that is what one person finds appealing or interesting or entertaining may not be the same to another person. As far as whether or not one person will tip more for a particular dance.... Jack Shinall: Maybe I could clear that up for you a little bit. If your patrons found that the dances were more entertaining, OK, then would a reasonable person assume that they might order more alcohol? Mr. Osborne: I don't know how to answer that. Mr. Gravley: I wouldn't think so. Jack Shinall: You wouldn't think so? Max Bacon: Any more questions of Mr. Gravley or Mr. Osborne? Ms. Jordan. Kathy Jordan: Well I think that we have all heard tonight that the mystery kitchen we're not aware of, that the 60/40 as far as food sales go to pouring there's just several things that have come out. I'm going to make a motion the license be denied because it does not appear that the applicants have a sanitary kitchen; their primary business must be a restaurant and we do not believe that has been shown; Section 3-75 and Adult Entertainment section of the City Code prohibits service of alcohol in strip dancing establishments. Under our ordinance a pouring license may only be issued to a restaurant, private club or lounge associated with a restaurant. The applicant is asking for a liquor pouring license when he holds only a license for cabaret dancing and has to maKe application for a license to operate a restaurant. Bill Scoggins seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Bid opening - signage for Community Center/Library Bids were opened, read and recorded as follows: Architectural Sign Systems, Inc. $ 9,539.00 Ad Pro Signs $10,045.81 Modulex $12,687.41 Fast Signs $16,050.00 Pilot Graphics $12,400.16 Hilton Display $ 9,966.00 Wade Lnenicka made a motion the bids be turned over to the Library/Parks • Committees for review and recommendation back to full council at the next meeting. Bill Scoggins seconded the motion which carried 7-0. (B) Approval to advertise Charter amendments John Patterson stated the State code allows amendments to City Charters in certain areas through home rule powers provided that at least two public hearings are held. Approval is being requested tonight to advertise for a June 3, 1991 meeting - continued Charter amendment to Article III, Section 6(b), to increase the salaries for the Mayor and Council with the new administration to take office January 1, 1992. Jim Hawkins made a motion that authority be granted to advertise for a Charter amendment and set public hearing dates to consider increasing the salaries of the Mayor and Council. John Steely seconded the motion and stated that he was not running for re-election and thought an increase was certainly warranted. Vote on the motion carried 7-0. BID AWARDS: Nothing to report. COMMERCIAL BUILDING PERMITS: CONSENT AGENDA: Nothing to report. (A) Advertise for right in/right out only on Highland Drive at Spring Road (B) Approval of 3-way stop sign - Strathmoor & Balmoral (C) Request bids for city-wide radio maintenance contract (D) Approval of May 20, 1991 minutes (E) Approval to advertise for amendment to zoning ordinance - architectural guidelines Bill Scoggins made a motion the consent agenda be approved. John Steely seconded the motion which carried 7-0. SHOW CAUSE HEARING: (A) Monterrey Mexican Restaurant, 2540 Atlanta Road John Patterson stated that during a recent sting operation, an employee of Monterrey Mexican Restaurant sold alcoholic beverages to a minor. This hearing was continued from May 15, 1991 until the licensee could be present. Attorney Harold Karp represented the owners and Kathy Lee Evans, licensee. Lt. Martin said that on April 5, 1991, an employee of Monterrey Mexican Restaurant, Omar Lopez, sold a 12 ounce Bud light to a 20 year old white male without asking for any identification. Lt. Martin stated he witnessed the sale and later issued a warrant for Mr. Lopez who has since been fined in Smyrna Municipal Court. Ms. Evans said she was a full time employee of the restaurant but was not present when the sale was made. Mr. Lopez has since been terminated and they have had several meetings with other employees stressing the importance of checking identification before serving. Ms. Evans said they have been in business for 12 years and this is their first violation. Jack Shinall stated their record up to this point has been exemplary and made a motion the license be suspended for 30 days, or reinstated through payment of $1000 to the City. Wade Lnenicka seconded the motion which carried 7-0. COUNCIL INPUT: Wade Lnenicka asked abut the drainage improvement program. Mr. Patterson said we are probably 2 months behind schedule because of the rain. Also, the paving of Jane Court is scheduled by the County and it still may be a number of weeks before that is begun. Mr. Lnenicka gave a brief report from the Library. Sherry reported on Parks activities and Kathy Barton also gave a brief report from Community Relations. Jack Shinall gave a report on the recycling project and stated it is not profitable to the City as many people believe. The City pays $2 per household to the contractor handling recycling and the reduction of waste in our landfills saves $.26 per household a month. If the City recoups $1 per household, we are still in the hole and we need to decide if we want to continue the program city-wide. John Steely said a child was recently injured when he fell on a steel spike in the ground along the curb of a residential neighborhood. Many homeowners are using the steel rods around the curb line to prevent cars from trenching their yards. Mr. Steely asked John Patterson to check into this and determine if the City or homeowner would be responsible. !�, June 3. 1991 meeting - continued Mr. Steely said he recently wrote to the Cobb County Board of Tax Assessors to support the request for reconsideration of the assessments made by homeowners in Patricia Place. Their property values increased 31 to 48% recently, when the real estate market now is on the decline. Jack Shinall stated there has been a recent increase of vandalism in the Pinehill/LaVista Drive area and asked everyone in the area to report any incidents to the Police Department, with tag numbers, car descriptions, etc. Mayor Bacon said he commended Council tonight for the action taken and thought it was legally and probably morally correct. We've made a lot of progress and made many changes we can all be proud of. With no further business, meeting adjourned at 10:24 p.m. A. MAX -BACON, MAYOR DAVIS, WARD 1 BILL SgOGGINS, SHINALL, WARD 5 KATHY BROOKS JORDAN, WARD 6 JOHN STEELY, WARD 7