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06-10-1996 Special Called MeetingJune 10, 1996 A special called 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 7:00 o'clock p.m. All council members were present. Also present was City Administrator Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp and representatives of the press. Mayor Bacon asked Councilman Hawkins to give the invocation and lead the Pledge of Allegiance to the flag. Mayor Bacon stated the purpose of this special called meeting is a Show Cause Hearing for twenty-five alcoholic package locations who were cited recently for selling to underaged individuals. Mayor Bacon asked Lt. Doug Carlson, Smyrna Police Department, to come forward. Lt. Carlson stated the same eighteen year old male operative was used in all the Sting Operations, the only exception being the E-Z Serve Convenience location at 902 Windy Hill Road. SHOW CAUSE HEARINGS: (A) Fitzgerald's Food Mart - 2096 Atlanta Road (5) Mayor Bacon asked if the applicant for this location was present. Ms. Janice V. Ferguson, license holder, came forward. Lt. Carlson reported on May 20, 1996, he conducted a sting operation and was assisted by the 18-year old operative. He further stated the operative entered Fitzgerald's and purchased a six-pack of Busch Light Beer costing $4.19. He stated the operative then left the store, came directly to him. The cashier was identified and cited with two violations and issued a court date. He further stated Officer White, COPS Program, assisted in the Sting Operation. He stated the evidence sheet was filed and the evidence was turned over to Detective Larry Wood. Mayor Bacon asked if at any time did the clerk ask for identification. Lt. Carlson responded they did not. Mayor Bacon asked Ms. Ferguson if she planned to give any testimony or contest any part of the information Lt. Carlson just presented. Ms. Ferguson responded she was not going to contest any of the information given. Ms. Ferguson stated it was her responsibility to comply with the rules and regulations that the Mayor and Council had passed. She further stated that did not happen in this situation and she truly had no explanation nor any defense for what happened. She further stated she did not know why the clerk (Tracy Brumbelow) did not ask for ID as she normally required ID from everyone. Ms. Ferguson stated the clerk has been terminated, according to Fitzgerald's policy. Ms. Ferguson stated she was embarrassed to have to be here tonight and apologized for the incident occurring. Councilman Lnenicka asked Ms. Ferguson when Ms. Brumbelow was employed. Ms. Ferguson responded she has worked for them on several occasions but most recently May 4, 1996. Councilman Lnenicka asked Ms. Ferguson why Ms. Brumbelow did not have a photo permit. Ms. Ferguson responded they were not aware that the City had changed their policy from issuing those permits one day a week to a daily basis. Ms. Ferguson stated Ms. Brumbelow had not come to the Police Station to be permitted as they were under the impression fingerprinting was only done once a week. Mayor Bacon also informed Ms. Ferguson she needed to provide the city with a current address. Councilman Newcomb made a motion that the alcoholic beverage license for Fitzgerald's be suspended for a period of five days beginning June 11 at midnight for selling to a minor (Section 6-69) and placed on probation for a five year period; for the offense of not having a photo permit (Section 6-51), the business has been warned and placed on a five year probation with the probation periods to run concurrently. The license will be reinstated at 8:00 a.m. on June 17, 1996. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Wallace Shell Enterprises: 677 Concord Road (4) Mayor Bacon asked the license holder, Mr. Hubert Brooks, to come forward. Mayor Bacon then asked Lt. Carlson to report on the Sting Operation conducted at 677 Concord Road. Lt. Carlson reported on May 20, 1996, the operative purchased a six-pack of Busch beer costing $3.98. He further reported the operative left the store, walked directly to Lt. Carlson; the salesperson was identified and cited for selling to a minor. Lt. Carlson stated the clerk did ask for identification but looked at the chart for sales of tobacco products instead of the chart for alcohol sales. He stated the evidence sheet was filed and the evidence turned in to Detective Larry Wood. June 10 1996 - Special Called Meeting - continued Mayor Bacon asked Mr. Brooks if he disputed any of the evidence presented in this case. Mr. Brooks responded he would like to say something. Mr. Brooks asked the clerk charged with the violation at the Spring Road location, Ms. Anita Mechanic, to give her version of the Sting Operation. Ms. Mechanic was administered the oath by City Attorney Chuck Camp. Mr. Brooks apologized for the incidents occurring. Ms. Mechanic reported she was the clerk who violated the ordinance at Spring Road. She stated she has been selling alcohol for a long time and has been told repeatedly to card everyone who purchases alcohol or tobacco. She stated on the night the incident occurred, she made a very foolish mistake and a bad judgement call regarding the age of the operative. She further stated she lost her job and just made a stupid mistake. Councilman Hawkins asked if Keith Mechanic, the clerk at the Concord Road location, is a relative of hers. Ms. Mechanic responded he is her brother-in-law. Ms. Mechanic said there was no excuse for what she did. Councilman Newcomb made a motion that at the 677 Concord Road location the license be suspended for a period of five days beginning at midnight on June 11 and a five year probation be imposed. Councilman Hawkins seconded the motion. Motion was approved 7-0. Wallace Shell Enterprises: 2377 Spring Road (1) Lt. Carlson reported that on May 13, the operative entered the store, purchased a six-pack of Busch beer costing $4.19; walked out of the store directly to him. They then entered the store, identified the salesperson who did not ask for identification. Citations were issued and the evidence sheet was filed with the evidence being turned in to Detective Wood. Councilman Newcomb made a motion that since this is the second offense for selling to minors that the license be suspended for thirty days beginning at midnight June 11 and that the business be placed on a five year probation. Councilman Cramer seconded the motion. Motion was approved 7-0. (C) A & P Food Market - 2784 Hargrove Road (1) Mayor Bacon asked the license holder, Robert E. Sharber, to come forward. Mayor Bacon the asked Lt. Carlson to give his report. Lt. Carlson reported on May 28, 1996, the operative entered the A & P at 2784 Hargrove Road and purchased six-pack of Busch Light for $3.88. The operative then left the location and walked directly to Lt. Carlson. They reentered the store and the clerk who made the sale was identified; citations were issued for selling to a minor and for failure to have a photo permit. The evidence was taken into custody and Officers Mazzoni and Spencer assisted in this case. He further stated the evidence was turned over to Detective Wood. Mayor Bacon asked Lt. Carlson the age of the clerk who made the sale and Lt. Carlson responded she was thirty-eight years old. Mayor Bacon asked Mr. Sharber if he disputed any of the information presented earlier. Mr. Sharber responded he did not. Mr. Sharber apologized for the incident occurring. Mayor Bacon asked about a computerized cash register that would require the date of birth to be entered when an alcohol purchase was made. Mr. Sharber responded A&P does have that system but it can be overridden by the cashier and apparently that was what occurred. Mayor Bacon noted that the A&P location on South Cobb Drive was visited but no sale of alcohol to a minor occurred during this sting operation. Councilwoman Capilouto stated she was shocked when she saw the report as she has been a customer at this A&P location and has personally observed this clerk carding persons. Councilman Newcomb made a motion that for the failure to have a photo permit the establishment be warned and placed on a five year probation and for the violation of selling to a minor the license be suspended for five days beginning at midnight June 11 and placed on a five year probation period. Mr. Newcomb stated the probation periods will run concurrently. Councilman Scoggins seconded the motion. Motion was approved 7-0. Mayor Bacon stated the city is asking that in all the locations the beer be removed from the shelves and coolers as well as all displays and signs be removed from the public view. (D) Big B Drugs - 3240 South Cobb Drive (4) Mayor Bacon asked the license holder Troy Roebuck to come forward. Mr. Sam Freeman, District Manager, came forward. Mr. Freeman reported Mr. Roebuck had left the company approximately eighteen to twenty-four months earlier. Mr. Freeman stated he has been the manager for Big B Drugs for just a couple of months. June 10 1996 - Special Called Meeting - continued Lt. Carlson reported on May 28 the operative entered the store and purchased a six-pack of Miller Light beer for $4.72. He and the operative then reentered the store and identified the salesperson and a citation was issued. Lt. Carlson reported the clerk did not ask for any identification at the time of the sale. Mayor Bacon asked Mr. Freeman if he was aware someone has to hold the license for Big B Drugs since Mr. Roebuck is no longer an employee. Mr. Freeman stated Big B would like to continue to sell alcohol at this location and he has picked up an application to be the license holder for this location. Mr. Freeman stated he was not aware of the conflict regarding a license holder until the sting operation occurred. Councilman Hawkins asked Mr. Freeman if he disputed any of the testimony given regarding the sale of this alcohol to the operative. Mr. Freeman responded he did not. Councilman Lnenicka asked Mr. Freeman if there was any reason he could not apply to be the license holder for this location. Mr. Freeman responded there was no reason he could not be. Councilman Newcomb made a motion that the license at this location be suspended for a period of five days beginning at midnight June 11 and that the business be placed on a five year probation. Councilman Newcomb also stipulated that when the suspension is lifted, the license be held until such time as a proper application has been accepted and approved by the Mayor and Council. Councilman Hawkins seconded the motion. Motion was approved 7-0. (E) Bruno's Food Store - 2500 South Cobb Drive (5) Mayor Bacon stated the license holder for Bruno's is Jerome Augustine and asked him to come forward. Lt. Carlson reported on May 28, 1996, during the sting operation, the operative entered Bruno's and purchased a six-pack of Busch beer for $3.73. He then left the location and went directly to Lt. Carlson. They reentered the store, identified the clerk who made the sale, and she was cited for having no photo permit and selling to the underaged operative. Lt. Carlson stated it was determined the clerk was still within the grace period allowed for not having a photo permit so that charge was dropped. He then stated the clerk did not ask for any identification before making the sale. Mr. Horace Moody, representing Bruno's in matters relating to the sale of alcoholic beverages, came forward with Mr. Augustine. Mr. Moody requested permission to address the council. Mayor Bacon asked if Mr. Moody or Mr. Augustine disputed any of the information concerning the sale that took place at Bruno's. Mr. Moody responded he did have a few questions. City Attorney Chuck Camp administered the oath to both Mr. Moody and Mr. Augustine. Mr. Moody stated he represented Bruno's corporate -wide in Florida, Alabama, Mississippi and Georgia. He stated he is not an attorney. Mr. Moody stated he would like to ask the council if any of them had seen a photo of the operative. He then asked if he could ask Lt. Carlson a couple of questions about the operative. Mr. Moody asked Lt. Carlson for the date of birth of the operative and Lt. Carlson stated he did not want to give that to him as he might use him again as an operative in future sting operations. Lt. Carlson stated the operative was born in 1977. Mr. Moody asked if he was near nineteen and Lt. Carlson responded the operative was eighteen. Mr. Moody asked what type identification the operative used and Lt. Carlson responded he used a traffic citation with his correct date of birth on it as well as a military identification. Lt. Carlson also stated that in the middle of the traffic citation was the charge of "minor in possession of alcohol." Lt. Carlson reported the clerk did not ask for any identification. Mr. Moody stated he knew people made mistakes and just wanted to establish a little record. Mr. Moody stated Bruno's does have the computerized scanning device, the employee was fired and had only been an employee for two days. He further stated the clerk had completed training. Councilman Lnenicka stated all of council was familiar with Bruno's as a corporation and feels they have a reputation of being one of the finest southern based corporations in the region, strong loyal base of employees and associates and a track record of ethical conduct. He stated what he has not heard from Mr. Moody or Bruno's is an apology for what happened. Councilman Lnenicka asked Mr. Moody if that was the case and could he at least tell the council that. Mr. Moody responded they certainly were sorry, that they did not want to be here any more than the council wanted to be here. He stated Bruno's has trained thousands, perhaps ten to twenty thousand people - corporate wide, and this person was trained. He stated that apparently training was not the answer to the problem. Mr. Moody acknowledged the incident occurred, the lady sold alcohol to the underaged person and they certainly take it seriously. He further stated it is Bruno's policy not to sell to underaged persons and he had spoken to the clerk in the 3 June 10, 1996 - Special Called Meeting - continued hallway and she was crying as she left here. He stated the clerk made the statement that the operative looked twenty-four to her but he was eighteen and she made a mistake. He stated he believed in heightening the awareness of the employee and disciplinary action being taken and training, pro -active management practice on the part of the licensees to make sure this doesn't occur in this community. Mr. Moody stated they were being charged for a mistake without anyone here having seen the operative. He questioned if perhaps the operative did, in fact, look much older than his actual age. Councilman Cramer stated he did not appreciate the charge that the operative looked much older than his actual age. He further stated he did not appreciate Mr. Moody alleging that the city might be doing something wrong when they caught Bruno's selling to a minor. Councilman Cramer stated that aggravated him as they are trying to uphold what the citizens of Smyrna want. Mr. Moody apologized for upsetting Mr. Cramer. Councilman Wood stated the first step in any corporation's training program is to look at the identification and the clerk did not. Councilman Newcomb made a motion the license for Bruno's be suspended for five days beginning at midnight on June 11, 1996, and that the business be placed on a five year probation. Councilman Cramer seconded the motion. Motion was approved 7-0. (F) Cobb Center Amoco - 2711 South Cobb Drive (5) Mayor Bacon asked Ms. Annie Virginia Duvall, the license holder, to come forward. Lt. Carlson reported on May 28, 1996, the operative entered the location and purchased a six-pack of Busch beer valued at $4.19 and then walked directly to him. They reentered the store, identified the clerk who made the sale and issued two citations - one for having no photo permit and for selling alcohol to a minor. He further stated Officers Mazzoni and Spencer assisted in the operation. Lt. Carlson stated no identification was requested at this location. Mayor Bacon asked Ms. Duvall if she disputed any information contained in the report. Ms. Duvall responded the employee did have a photo permit which had expired. Ms. Duvall stated she works at that location eight to twelve hours a day but that it is impossible for her to work there all the hours during beer sales. She further stated she has been there eight years and has never been in a sting operation to her knowledge or if she has she must have passed it. Councilman Lnenicka stated that if a location is visited during a sting operation and they do not sell to a minor, the police department does send that location a letter thanking them for not selling to minors. Ms. Duvall stated they do have signs posted indicating no identification - no beer but the gentleman who sold the beer is in his forties and should have been well aware of that requirement. Ms. Duvall said she has talked to the clerk who made the sale and he told her the operative was "big" and she told the clerk they did not card people on being "big" it was their age that mattered. She further stated his size was no excuse, they made a mistake. Ms. Duvall stated their policy is identify everybody. Mr. Dhanani, the owner, stated they would do all they could to ensure this does not happen again and they are planning to add a scanner -max that would require a proper form of identification to be scanned before a sale could be made. He further stated that system would be available in three to four weeks. Councilman Newcomb stated there were two issues involved in this case. He then made a motion that for the offense of not having a photo permit the business is warned and placed on a five year probation period and for the sell of alcohol to a minor, which is the second violation within five years at this location, the license for this business be suspended for thirty days beginning at midnight June 11, 1996, and the business is also placed on a five-year probation for that offense as well. He stated the probation periods will run concurrently. Councilman Hawkins seconded the motion. Motion was approved 7-0. June 10 1996 - Special Called Meeting - continued (G) Conoco Food Mart - 568 Concord Road (7) Mayor Bacon asked if the license holder, Patricia Denney, was present and asked her to come forward. Lt. Carlson reported on May 13, 1996, the operative entered the business and purchased a six-pack of Natural Ice beer valued at $3.98. The clerk who made the sale was identified and cited for selling to an underage person and for the violation of not having a photo permit. He stated the evidence was turned over to Detective Wood. Lt. Carlson stated no identification was requested at this location. Mayor Bacon asked Ms. Denney if she disputed any of the testimony presented. She indicated she did not. Mayor Bacon then asked Ms. Denney if she currently works at this location. Ms. Denney responded she does not. Ms. Denney stated she formerly worked there but now just holds the license for the business. Mayor Bacon asked Ms. Denney if she ever visits the location, gives instructions to employees or anything of that nature. Ms. Denney responded she did when she first held the license but does not now. Ms. Denney reported she is not on the payroll of Conoco. Mr. Mike Aly, manager, stated the gentleman who made the sale is not actually an employee of the business. He stated he was just helping him that night as he had been sick that evening. He further stated the gentleman was from Canada and had gone back home. Mayor Bacon asked what the clerk's name was and Mr. Aly responded Nazim Nathoo. Mayor Bacon asked if the clerk was familiar with the legal age to purchase alcohol in Georgia and Mr. Aly responded yes, and stated Nazim is the manager of a package store in Canada. Mr. Ali apologized for the incident occurring. Councilman Lnenicka asked Mr. Aly what his plans are for having a license holder for this location and how long he had been the manager. Mr. Aly responded he has been the manager for nine months. Mr. Aly stated it is his responsibility to train his employees and works sixteen hours a day. Councilman Lnenicka asked Mr. Aly why he had not come before the council and requested to be the license holder for this location. Mr. Aly responded he is not a resident of Smyrna and lives in Gwinnett County. City Attorney Camp asked Mr. Aly if he had a photo permit to sell alcohol and he responded he did. Councilman Newcomb made a motion that for the offense of not having a photo permit, the business is warned and placed on a five year probation and that the license at this location be suspended for five days beginning at midnight June 11, 1996, and also placed on a five year probation. He stated the probation periods will run concurrently. Councilman Newcomb also stipulated, as part of his motion, that when the suspension is lifted, the license will be held until such time as the proper paperwork for a license holder is accepted and approved by the council. Councilman Wood seconded the motion. Motion was approved 7-0. (H) Cumberland Amoco - 2535 Cobb Parkway (1) Mayor Bacon asked if Mr. Charles David Lacy, the license holder, was present and asked him to come forward. Lt. Carlson reported on May 13, 1996, the operative entered the business and purchased a six-pack of Busch beer valued at $4.40 and then walked out of the store. Lt. Carlson and the operative reentered the store, identified the clerk who made the sale and issued two citations. The first citation was for not having a photo permit and the other was for the sale of alcohol to a minor. Lt. Carlson stated the clerk did not ask for any identification. Lt. Carlson stated the evidence was properly tagged and placed into evidence with Detective Wood. Mayor Bacon asked Mr. Lacy if he disputes any of the charges. Mr. Lacy responded he did not. Mayor Bacon asked who Mr. Kahn was and Mr. Lacy responded he was an employee of the Cumberland Amoco who had worked for them approximately a year but only at this location for approximately three weeks to a month. Mr. Lacy stated Cobb County is the only location where you have to have photo permits and further stated he was not pleading ignorance but the clerk did have identification to sell in another county. Mr. Lacy stated the employee was informed he had to obtain a permit for this county and he assured him he would. He stated they were an independent location that competes with the big guys and they have a lot of turnover. He stated they just made a mistake and take underage sales very seriously. He stated he was in agreement that the answer was no identification - no sale. Councilman Cramer asked Mr. Lacy if his business had the computerized scanners and Mr. Lacy responded they did. Mayor Bacon asked Mr. Lacy if he thought the employees involved realized what they have done to the company as well as to themselves when they come to the Municipal Court. Mr. Lacy responded they do not take it lightly, and did not feel the individual did anything other than just 5 June 10 1996 - Special Called Meeting - continued tried to get the customers in and out quickly. He further stated the employee has been suspended for two weeks without pay. Mr. Lacy stated he did feel the employee realized what he might be facing when he goes to court and that he has to answer to them when he returns from court. Councilman Newcomb made a motion that for the offense of having no photo permit, the business is warned and placed on a five year probation and for the offense of selling to a minor the license is suspended for five days beginning at midnight June 11, 1996, and is also placed on a five year probation. He further stated the probation periods will run concurrently. Councilman Cramer seconded the motion. Motion was approved 7-0. 0) E-Z Serve: 902 Windy Hill Road (4) Mayor Bacon asked Mr. Walburn, the license holder, to come forward. Lt. Carlson reported this incident was not part of the sting operation. He further stated on April 23, 1996, patrol officer Andrew observed two white males at this location come out of the store with a twelve -pack of Budweiser beer. Officer Andrew stopped the two males at 2:25 a.m. and questioned them and discovered they were both under twenty-one years of age. Officer Andrew then entered the store and spoke with the clerk and tried to ascertain why he sold after the allowed hours and why he sold to an underage person. Lt. Carlson reported the clerk was arrested and taken to jail and charged with selling to a minor and violating the hours of operation ordinance. Mayor Bacon recognized Mr. Walburn and Mr. Elden Basham, attorney for E-Z Stores. Mayor Bacon asked them if they disputed any information presented for all four E-Z Serve locations. They responded they did not. Mr. Basham stated he was present on behalf of E-Z Serve Convenience Stores, Inc. He stated Mr. Walburn is present as well as Mr. Gandy, District Supervisor, and the area supervisor and three store managers present as well. Mr. Basham stated he could assure the Mayor and Council that E-Z Serve takes the offenses seriously and apologized for the incidents. He further stated they did not intend to contest any of the charges. Mr. Gandy reported it was obvious something else must be done, that they have done all the things necessary to ensure this does not happen, employee training, etc. He stated he would like to advise the Mayor and Council of what they plan to do to make sure this does not happen again. Mr. Gandy stated they will be focusing on what they need to do differently from what theyhave been doing. He stated he took over as Director of Operations in October, 1995, and it has come to his attention very quickly that what they have been doing is not working. He stated that not only in Smyrna but across the entire Atlanta area they plan to institute a plan that will work. He further stated they are planning to: 1. Take away the judgement making because turnover at a convenience store is a _ way of life; All alcoholic purchases will be identified. 2. They will conduct internal sting operations that will be conducted bi-monthly by the area supervisors and a failure to identify the person sent it; a failure to have their photo permit at the counter as required; a failure to go ahead and sell to a person they send in will all result in immediate termination and the store manager at that location will be required to come in regardless of the time the incident takes place and finish that clerk's shift. He further stated the requirement to identify everyone and the internal sting operations are two of the major changes they plan to implement. Mr. Gandy stated they have calendars on order that will allow the clerks quick reference to the proper age for purchasing alcohol. He further stated they are making man-made calendars until the ordered calendars arrive and will be at each check out register. Mayor Bacon stated this is not the first time E-Z Serve has been cited for these offenses and at the last show cause hearing in which they were cited, the council was informed Mr. Walburn would not be the license holder. Councilman Newcomb made a motion that for the violation of hours of selling alcohol (Section 6-61) the business be warned and placed on a five year probation and for the offense of selling to a minor the license be suspended for five days beginning at midnight June 11, 1996. He stated the probation periods will run concurrently. Councilman Hawkins seconded the motion. Motion was approved 7-0. 2610 Cobb Parkway (1) Lt. Carlson reported that on May 28, 1996, the operative entered this location and purchased a six-pack of Natural Light beer valued at $4.08. The clerk was identified and was cited for three violations: one for sale to underage person, failure to have or display photo permit and failure to display business license which was locked in the safe but not conspicuously displayed as required by the ordinance. Lt. Carlson June 10 1996 - Special Called Meeting - continued reported the clerk did look at the citation written for the operative and then asked for a picture identification and the operative presented a military identification card with the correct date of birth on the back of it. Councilman Lnenicka asked for clarification if the citation include the statement "minor in possession of alcohol." Lt. Carlson responded there were actually two charges on the traffic citation - one for speeding and in the regular section of the citation the charge of "minor in possession of alcohol" was noted. Councilman Newcomb made a motion that for the offense of not having a photo permit, which is a second offense at this location within a five year period, the license be suspended for five days beginning at midnight June 11, 1996, and that the business be placed on a five year probation; for the offense of not displaying the license (Section 6-50)as required the business be placed on a five year probation; for the offense of selling to a minor, which is the second violation at this business within a five year period, the license be suspended for thirty days. The suspensions totaling thirty-five days will run consecutively and the probation periods will run concurrently. Councilman Newcomb stated he was troubled by the fact that E-Z Serve was instructed in April, 1995, to get a full-time manager as the license holder for this location. He further stated they agreed at that time to do this. Councilman Newcomb then amended his motion that when the suspension is lifted, the license be held until such time as the proper paperwork has been submitted and approved by the Mayor and Council. Mayor Bacon asked Mr. Walburn if he was employed by E-Z Serve. Mr. Walburn responded he was employed on a part-time basis. Mr. Gandy stated he found out today that this promise had been made and stated they have begun the process to have a full-time manager on site. Mr. Newcomb then stated he would not include the amendment to his motion and would allow them thirty -days to see if a new license holder is approved. Mr. Walburn stated he was not informed of what happened in April, 1995. Councilman Newcomb withdrew his amendment to his motion. Councilman Lnenicka stated he was disappointed that after the first incident occurred on April 23, the word did not get out to the other locations. Mr. Gandy responded that after the violation occurred at the 902 Windy Hill location, a memo was sent to the other locations giving them the instructions and rules. Councilman Lnenicka seconded the motion. Motion was approved 7-0. 1166 Concord Road (4) Lt. Carlson reported on May 20, 1996, the operative entered the business and purchased a six-pack of Busch beer costing $4.40. The sales clerk was identified and Officer White assisted in this operation. Lt. Carlson reported the clerk did ask for identification but sold anyway. The clerk was charged with no photo permit and sale of alcohol to a minor. Lt. Carlson reported the evidence was tagged and turned in to Detective Wood. Councilman Newcomb stated there are two issues at this location - lack of photo permit and selling to a minor. Councilman Newcomb made a motion that for the violation of photo permit requirement, which is the third offense at this location, the license be placed on a thirty -day suspension beginning at midnight June 11, 1996, and begin a five year probation period; for the offense of selling to a minor, which is the third offense at this location, the license be suspended for 180 days and placed on a five year probation. Councilman Newcomb stated as part of the motion the suspensions of 30 days plus 180 days will run consecutively for a total of 210 days and the two probation periods will run concurrently. Councilman Hawkins seconded the motion. Motion was approved 7-0. Councilman Newcomb also stated the same situation involving the agent change existed at this location as well. 3002 Atlanta Road (4) Lt. Carlson reported on May 20, 1996, the operative entered the business and purchased a six-pack of Busch beer costing $4.50. They reentered the store and identified the clerk who made the sale. Lt. Carlson reported no identification was asked for and two citations were issued - one for selling to an underaged person and one for no photo permit. Lt. Carlson reported the photo permit was in the mail therefore that charge was dropped. Lt. Carlson further reported the evidence was tagged and turned in to Detective Wood. Councilman Newcomb asked Lt. Carlson if the photo permit issued had been resolved and Lt. Carlson responded that was correct. Councilman Newcomb made a motion that for the sale of alcohol to a minor, which is the second offense at this location, the license be suspended for 30 days beginning at midnight June 11, 1996, and the business be placed on a five-year probation. Councilman Hawkins seconded the motion. Motion was approved 7-0. q June 10 1996 - Special Called Meeting - continued (J) FINA Mart - 2539 Old Concord Road (5) Mayor Bacon asked the license holder, Mr. Izzy Roy Denney, to come forward. Lt. Carlson reported the operative entered the location on May 20, 1996, and purchased a six-pack of Busch Light beer costing $4.09. The clerk was identified who sold the beer and was cited for selling to a minor. Lt. Carlson stated the clerk did not ask for any identification at the time of the sale. Lt. Carlson further reported the evidence was tagged and turned over to Detective Wood. Mayor Bacon asked Mr. Denney if he disputed any of the charges. Mr. Denney responded he did not. Councilman Lnenicka asked Mr. Denney if he had any statements he would like to make and Mr. Denney responded he did not. Councilman Newcomb made a motion that since this is the second offense at this location, the license be suspended for a period of thirty days beginning at midnight, June 11, 1996, and that the business be placed on a five year probation. Councilman Cramer seconded the motion. Motion was approved 6-0-1 as Councilman Wood was out of the Chambers at this time. (K) Mom and Pop's Food Mart - 1687 Roswell Street (3) Mayor Bacon asked the license holder, Ms. Yvonne Ogbuefi, to come forward. Lt. Carlson reported that on May 28, 1996, the operative entered the location and purchased a six-pack of Busch Light beer costing $4.08. The clerk who made the sale was identified and citations were issued for failure to display a photo permit and for sale to an underaged person. Lt. Carlson stated Officer Mazzoni assisted in this operation and the clerk did not ask for any identification on this occasion. He further stated the evidence was tagged and turned over to Detective Wood. Mayor Bacon asked Ms. Ogbuefi if she disputed anything in the report. She responded she did not. Ms. Ogbuefi stated they have been in business six and a half years and this is the first time such an incident has occurred. She stated this is an unfortunate incident and involved her husband, one of the owners of the business. She said he made a mistake and she apologized for it. She further stated they are quick learners and she does not think this will happen again. She stated that everyone will come in next week and apply for photo permits. Councilman Cramer asked if they had the charts available for the clerks to use when carding someone. She stated they used calculators. Councilman Newcomb made a motion that for the offense of no photo permit the business be warned and placed on a five year probation period and that the license be suspended for five days beginning at midnight June 11, 1996, and be placed on a five year probation period. He further stated the probation periods will run concurrently. Councilman Hawkins seconded the motion. Motion was approved 7-0. (L) Mr. Bill's Package - 3791 South Cobb Drive (4) Mayor Bacon asked if the license holder, Mr. John McDaid, was present. Mr. Bob Tepper, the owner and Mr. Harold Karp came forward. Mr. Tepper stated Mr. McDaid is ill and not present tonight. Lt. Carlson reported that on May 20, 1996, the operative entered the business and purchased a six-pack of Budweiser beer costing $4.40. The clerk was identified and cited for selling to a minor and failure to have a photo permit. Lt. Carlson further stated the evidence was tagged and turned over to Detective Wood. Lt. Carlson stated no identification was requested at the time of the sale. Mayor Bacon asked Mr. Karp and Mr. Bob Tepper if they disputed anything in the report. Mr. Karp responded they did not. Mr. Karp stated the owner and two of the most senior clerks are present tonight if the council would like to question them. Mr. Karp stated they have remorse for what happened and an obligation to do something about it. Mr. Tepper stated as the owner he valued the business as it is how he makes his living. He stated he respects the law and is committed to responsible selling and his duties that those under the age of twenty-one do not have access to alcohol. He further stated his employees know the responsibilities and take them seriously. He stated those responsibilities are the number one priority and any sale is second place to that. He also stated he is distressed and embarrassed by the failure of his employee to follow the policy and not demand identification. He apologized to the council and pledged their complete adherence to the obligations they have to the community as a June 10 1996 - Special Called Meeting - continued responsible small business citizen. Mr. Tepper reported the clerk, Mr. Gordon, has been terminated. Mayor Bacon asked how long the employee had worked at that location and Mr. Tepper responded he had worked there about a year. Mayor Bacon asked if the clerk indicated why he did not require any identification and Mr. Tepper responded the clerk said the customer looked older than what he actually was but further stated that was no excuse for the sale to have been made without identification being requested. Councilman Newcomb made a motion that for failure to have a photo permit the business be warned and placed on a five year probation and for the violation of selling to a minor the license be suspended for five days beginning at midnight June 11, 1996, and also placed on a five year probation period. He stated the probation periods will run concurrently. Councilman Hawkins seconded the motion. Motion was approved 7-0. (M) Olympic Food Mart - 5055 Oakdale Road (7) Mayor Bacon asked if the license holder, Mr. Majid Safai, was present and asked him to come forward. Lt. Carlson reported that on May 28, 1996, the operative entered the business and purchased a six-pack of Busch beer valued at $4.19. The clerk was identified and cited for failure to have a photo permit and selling to an underaged minor. Lt. Carlson stated the clerk did not ask for any identification from the operative. Lt. Carlson further stated the beer was tagged and placed in evidence with a property sheet filled out and turned over to Detective Wood. Mayor Bacon asked Mr. Safai if he disputed anything in the report. Mr. Safai responded he did not. Mr. Safai apologized for the incident and said the clerk had been told several times to card everyone. Councilman Wood asked Mr. Safai if he was the manager at this location and was he present on the premises daily. Mr. Safai responded he is at the location an average of five days a week and is the accountant and does everything for the store. Mr. Safai stated he has been employed by Olympic Food Mart since 1993. Mayor Bacon asked Mr. Safai to contact the city clerk and provide her with his current mailing address. Councilman Newcomb made a motion that for the offense of not having a photo permit the business be warned and placed on a five year probation and for the offense of selling to a minor, the license be suspended for five days beginning at midnight June 11, 1996, and that the business be placed on a five year probation. He further stated the probation periods will run concurrently. Councilman Wood seconded the motion. Motion was approved 7-0. (N) Ray's Package Store - 1055 Windy Hill Road (5) Mayor Bacon asked Mr. Ramin R. Torabi, the license holder, to come forward. Lt. Carlson reported on May 20, 1996, the operative entered the business and purchased a six-pack of Busch beer costing $4.29. The clerk was identified and was cited for failure to have a photo permit and selling to a minor. Lt. Carlson stated no identification was requested at the time of the sale. He further stated the evidence was bagged and turned in to Detective Wood. Mayor Bacon asked Mr. Torabi if he disputed anything contained in the report. Mr. Torabi responded he did not. Mayor Bacon asked who Ali Torabi was and Mr. Ramin Torabi responded it was his father and the previous license holder for the location. He stated their business made an honest mistake as far as the photo permit was concerned. Mr. Ramin Torabi stated he and his father were very sorry this happened. Councilman Newcomb made a motion that for the offense of failure to have a photo permit the business be warned and placed on a five year probation and for the offense of selling to a minor the license be suspended for five days beginning at midnight June 11, 1996, and also placed on a five year probation. He stated the probation periods will run concurrently. Councilman Cramer seconded the motion. Motion was approved 7-0. (0) South Cobb Chevron - 2875 South Cobb Drive (5) Mayor Bacon asked Mr. Vonica F. Smith, the license holder, to come forward. June 10 1996 - Special Called Meeting - continued Lt. Carlson reported that on May 20, 1996, the operative entered the business and purchased a six-pack of Busch beer costing $3.88. The clerk was identified and citations were issued for failure to have a photo permit and for selling to an underaged minor. Lt. Carlson stated no identification was requested at the time of the sale. The evidence was properly marked and placed into evidence with Detective Wood. Mayor Bacon asked Mr. Smith if he disputed anything contained in the report. Mr. Smith responded he did not. Mr. Smith stated the employee was new and had only been employed for three days and was in training. Mayor Bacon asked if anyone was with the employee at the time of the sale and Mr. Smith responded no. Mayor Bacon stated if the business could provide proof that the employee was within the 14-day grace period the charge for failure to have a photo permit would be dropped. (The information was faxed to the City Clerk on June 11, 1996). Councilman Newcomb made a motion that for the offense of failure to have a photo permit, the business be warned and placed on a five year probation subject to documentation providing proof of date of employment by 4:00 p.m. on Tuesday and that since this is the second offense within a five year period the license be suspended for thirty days beginning at midnight June 11, 1996, and that the business be placed on a five year probation. The probation periods will run concurrently. Councilman Cramer seconded the motion. Motion was approved 7-0. (P) South Cobb Food Mart - 2691 South Cobb Drive (5) Mayor Bacon asked Pamela C. Crowell, the license holder, to come forward. Lt. Carlson reported that on May 20, 1996, the operative entered the business and purchased a six-pack of Miller Light beer costing $5.14. The sales person was identified and cited him for selling to an underaged person and failure to have a photo permit. Lt. Carlson stated there was a 14-day temporary permit on the wall but it had been issued in 1994. Lt. Carlson stated the clerk has since come to the police department to obtain a photo permit which will be good until September, 1996. Lt. Carlson stated no identification was requested at the time of the sale. Mayor Bacon asked Ms. Crowell if she disputed anything in the report. Ms. Crowell responded she did not. Ms. Crowell stated the employee had promised he would get his permit and she just did not follow up enough with him on it. She also apologized for the incident occurring and they are working on obtaining the registers with the computerized scanning. Ms. Crowell stated she has been at this location since January, 1996. Mayor Bacon asked if there was any reason the clerk did not ask for identification and Ms. Crowell responded the employee has been under a lot of family problem type stress and must not have been thinking. Councilman Newcomb made a motion that for the offense of failure to have a photo permit the business be warned and placed on a five year probation and for the offense of selling to a minor the license be suspended for five days beginning at midnight June 11, 1996, and that the business be placed on five-year probation. He further stated the probation periods will run concurrently. Councilman Cramer seconded the motion. Motion was approved 7-0. (Q) Spring Road Package Store - 1669 Spring Road (3) Mayor Bacon asked Mr. Patrick Muscarnere, the license holder, to come forward. Lt. Carlson reported that on May 28, 1996, the operative entered the business and purchased a six-pack of Busch beer valued at $3.98. The clerk was identified and cited originally for two charges - failure to have photo permit and the sale to a minor. Lt. Carlson stated it has come to his attention that the clerk does have a permit but did not have it with him at the time. Lt. Carlson further stated no identification was requested at the time of the sale. The evidence was properly tagged and turned over to Detective Wood. Mayor Bacon asked Mr. Muscarnere if he disputed anything in the report. He responded he did not. Mr. Muscarnere apologized to the people of Smyrna and the council for his failure to do his job as a license holder. He further stated that on the day this summons was issued, they placed a sign in their window that states everyone will be carded. He further stated they made a big mistake and he apologized again. June 10 1996 - Special Called Meeting - continued Councilman Newcomb made a motion that for the failure to have a photo permit the business be warned and placed on a five year probation and for the offense of selling to a minor the license be suspended for five days beginning at midnight June 11, 1996, and be placed on a five year probation. He further stated the probation periods will run concurrently. Councilman Scoggins seconded the motion. Motion was approved 7-0. (R) Spring Road Food Mart - 1825 Spring Road (3) Mayor Bacon asked Ms. Antoinette Brown, the license holder to come forward. Lt. Carlson reported that on May 13, 1996, the operative entered the business and attempted to purchase a six-pack of Busch Light beer and the clerk asked for identification. He further stated the minor produced the yellow copy of the traffic citation and the clerk then asked for a picture identification. The minor produced his military picture identification and the clerk did not see the date of birth on it, which is located on the back of the card. The operative then told the clerk he was old enough to purchase beer and the sale was made. The clerk was identified and cited for selling to an underage person and for failure to have a photo permit. The evidence was placed into evidence on the property sheet and turned over to Detective Wood. Mayor Bacon asked Ms. Brown if she disputed anything in the report. She responded she did not. Ms. Brown stated she was sorry for what had happened and that she could not tell the council anything that they had not heard earlier this evening. She also stated the store is sorry the incident occurred and the clerk is no longer there. Councilman Newcomb asked who owns the store. Mr. Dhanani came forward and stated he is the landlord and the lease stipulates if the location is cited twice for the offense of selling to a minor, the lease is immediately terminated. Mr. Newcomb asked Mr. Dhanani if he was aware there was a violation at this address in April, 1995. Mr. Dhanani stated he was aware the Circle K had received a citation in April, 1995, and he had told this tenant that they had to make sure they did not make the same mistake, but if they did and were cited twice, on the second citation the lease would be terminated. Councilman Newcomb asked if Circle K still owns the property. Mr. Dhanani responded they do not, that he owns the property and it is leased to Mr. Amin Chitawala. Councilman Lnenicka asked Ms. Brown if she could possibly explain why the clerk made the sale after asking for and receiving two pieces of identification. Ms. Brown responded she could not begin to explain why the clerk did what he did or what he was thinking when he made the sale. Lt. Carlson asked Ms. Brown where she works and she responded she works part time at the Circle K and part time at the Smyrna Health Care. Lt. Carlson stated it had been difficult to obtain information from Ms. Brown and asked that she provide a current address and employment history. Mayor Bacon asked the city clerk if her letter was returned and Ms. Dameron responded it was not. Councilman Newcomb asked Ms. Brown about her statement that she works part time for Circle K. Ms. Brown responded she did work part time but that she stops by that location daily for an hour or two. She stated she stops by to see how things are going and also poses as a shopper. She stated since the business is no longer Circle K she will probably be going full time. Mr. Dhanani stated Ms. Brown is working for him at Cobb Center Amoco three days and two days at Square K - working eight hour shifts plus goes to this location daily for one to two hours. He further stated he can let her go from the Cobb Center Amoco after June 18, 1996. Mayor Bacon suggested to councilman Newcomb that after this is over, all license holders should be investigated to make sure they meet the requirements. Councilman Newcomb made a motion that for the offense of failure to have a photo permit, the business be warned and placed on a five year probation and for the sale to a minor the license be suspended for five days beginning at midnight on June 11, 1996, and the business be placed on a five-year probation. He further stated the probation periods will run concurrently. Councilman Scoggins seconded the motion. Motion was approved 7-0. (S) Speedway/Starvin Marvin - 4495 South Cobb Drive (6) Mayor Bacon asked Mr. Mohammed Eizaddust, the license holder, to come forward. June 10 1996 - Special Called Meeting - continued Lt. Carlson reported that on May 20, 1996, the operative entered the business and purchased a six-pack of Busch beer costing $3.87. The clerk was identified and cited for failure to have a photo permit and for selling to an underage person. The evidence was logged in by proper procedure and turned over to Detective Wood. He further stated no identification was requested by the clerk at the time of sale. He stated there was another person in the store that had the proper photo permit but he could not produce it at the time. Mayor Bacon asked Mr. Eizzadust if he disputed anything in the report. Mr. John Horne, District Manager, responded he did not. Mr. Horne asked for permission to address the council. Mr. Horne stated they have the books, training, computers, scanners and it just did not work. He stated they, as a company, are very troubled by that and take a hard stance on it. He stated in defense of Lt. Carlson, he has seen the video tape of the transaction and he was upset and troubled that the operative was not carded. He stated there was no question by their policies that the should have been carded. He stated there was no question about the disposition of the employees future with their company. Mr. Horne assured the council he would do everything he could to make sure it does not happen again. He stated there was no excuse for the charge of no photo permit. Councilman Newcomb made a motion for the offense of failing to have a photo permit the business be warned and placed on a five year probation and for the offense of selling to a minor the license be suspended for five days beginning at midnight June 11, 1996, and also be placed on a five year probation. He further stated the probation periods will run concurrently. Council Lnenicka seconded the motion. Motion was approved 7-0. Councilman Lnenicka stated to Mr. Horne that he has been in the store on several occasions and noticed display items are stacked in front of the exit doors to the store that would be in violation of building codes. He further stated he felt the entry/exit doors should be clear of obstruction. Mr. Horne stated he would take care of that. (T) Winn Dixie Food Store - 3240 South Cobb Drive (4) Mayor Bacon asked Mr. Billy C. Wester, the license holder, to come forward. Lt. Carlson reported that on May 28, 1996, the operative entered the business and purchased a six-pack of Busch beer valued at $3.18. The clerk was identified and cited for selling to a minor. He stated the clerk did have a photo permit. He stated no identification was requested at the time of the sale. He also stated the beer was placed into evidence and turned over to Detective Wood. Mayor Bacon asked Mr. Wester if he disputed any information in the report. Mr. Wester stated he did not. Mr. Wester stated they do train their people to handle beer and wine and are pretty strict on that. He further stated the clerk has been with them for two years and she took training sessions in 1994 and again in 1995. He stated their registers are electronic and will stop an order when the first incidence of a cigarette or beer/wine sale comes up. At that point the cashier must ask for identification and key in the date or override it at that point. He stated he assumed the clerk overrode the system at that time and he apologized for the incident taking place. Mayor Bacon asked Mr. Wester how long he had been at that location and he responded nineteen years. Councilman Newcomb made a motion that the license be suspended for five days beginning at midnight June 11, 1996, and that the business be placed on a five year probation. Councilman Hawkins seconded the motion. Motion was approved 7-0. (U) 5 Points Food Mart - 1649 Roswell Street (3) Mayor Bacon asked Ms. Won Suk Seo Jones, the license holder to come forward. Lt. Carlson reported that on May 13, 1996, the operative entered the business and purchased a six-pack of Bud Light beer costing $5.24. The clerk was identified, the clerk did not ask for any identification and could not produce a valid photo permit therefore two citations were issued. The evidence was turned over to Detective Wood. Mayor Bacon asked Ms. Jones if she disputed anything in the report. Ms. Jones stated she did not but did state that about five minutes before the police officer came in the store she had sold beer to a twenty- three year old customer whom she did card. She stated when the operative entered the store she believed him to be the previous customer whom she had carded. June 10 1996 - Special Called Meeting - continued Mayor Bacon asked Ms. Jones if there was any reason she did not have her photo permit. Ms. Jones stated she did have it but she was so nervous she could not find it while the officer was there and she produced it for their inspection. Councilman Scoggins commended Ms. Seo Jones for the clean up that has taken place at the property. Councilman Hawkins asked if Ms. Jones appeared overly nervous to him. Lt. Carlson responded she did and she had told him a small child had been in the store bothering her and asking her questions and she appeared quite nervous. Councilman Lnenicka asked about the license being issued in name of Won Suk Seo and she responded that Jones is her married name and she has not changed it on the license. Mr. Lnenicka asked should the city change its records to reflect her married name. Councilman Lnenicka then asked Ms. Jones if she lives in Cobb County and she responded she does. Councilman Newcomb made a motion that for the offense of failing to produce a photo permit the business be warned and placed on a five year probation and for the offense of selling to a minor the license be suspended for five days beginning at midnight June 11, 1996, and that the business be placed on a five year probation. Mr. Newcomb stated the probation periods will run concurrently. Councilman Scoggins seconded the motion. Motion was approved 7-0. Mayor Bacon stated that concludes the hearings. Mayor Bacon stated tonight the city issued violations and suspensions of licenses totaling 455 days and 125 years worth of probation. He further stated this indicates the City is serious about anyone selling beer and wine to underage persons. He also stated the city will continue to conduct sting operations. Mayor Bacon then recognized the locations that did not sell to the operative: A & P Food Market, 3205 South Cobb Drive; Busy B Package Store, 1651 Roswell Street; Cobb House Package, 497 Windy Hill Road; Kroger Food Store, 3315 South Cobb Drive; Oasis Package Shop, 3181 South Cobb Drive; both Quik Trip locations - 2671 Spring Road and 3875 South Cobb Drive; Theodocian's Package Store, 2230 South Cobb Drive; Windy Hill Package Store, 1670 Roswell Street and the Winn Dixie Food Store, 2350 Spring Road. He stated these businesses are to be commended. Councilman Hawkins thanked Lt. Carlson for his efforts in this and commented that his presentation of the evidence tonight was very well organized. He also thanked Councilman Newcomb for his work on the ordinance. Councilman Newcomb thanked Ms. Dameron for assembling the records of all these violations - current and past. Councilman Lnenicka thanked Lt. Carlson and the eighteen -year old operative. Mr. Lnenicka stated he was very disappointed with the representatives from Bruno's. Councilman Lnenicka reported that former Councilman Patrick, representing Ward 1, had undergone open heart surgery today at Crawford Long Hospital. He further reported he got through the surgery fine and according to the nurses is doing well. Mr. Lnenicka wished John, his wife Nancy, and his family well and stated the city's thoughts and prayers are with him. Councilwoman Capilouto stated this is her first show cause hearing since assuming the office and she stated she was shocked and disturbed at all the people selling to minors. With no further business, the meeting adjourned at 10:09 p.m. 13 June 10 1996 - Special Called Meeting - continued A. MAX BACON, MAYOR MELINDA DAMERON, CITY CLERK CHARLENE CAPILOUTO, WARD 1 BILL SCOGGINS, WA 3 JACK CRAMER, WARD 5 CHARLES PETE WOOD, WARD 7 RON NEWCOMB, WARD 2