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05-15-1961 Regular MeetingMay 3 continued b3 N �C SALE OF MALT BEVERAGES WITHIN THE CITY LIMITS Mayor G. W. Kreeger brought up the question of package stores for the sale of malt beverages and requested answers from members of council hinged on control, what action should be taken if the County issues licenses, location of establishments and license fees. Motion by R. J. Austin, second by J. B. Ables that this council take no action pending decision on issuance of Cobb County licenses. Motion withdrawn. Councilman Harry E. Ingram read from his prepared report which in substance called out a vote in Ward No. 6 in favor of issuing licenses in the City 355 to 97. In further discussion, W. B. Sanders motioned that this council defer all action pend- ing Cobb County's decision. Second by J. B. .Ables. The motion lost 4 to 2. Motion by Councilman Harry E. Ingram this council approve the issuance of privilege licenses for the sale of malt beverages in the City of Smyrna, this action contingent upon the issuance of licenses for the sale of malt beverages in Cobb County. Motion further authorized the Mayor to call out a committee assigned for the control and regulation of all establishments licensed by the Mayor and Council for the sale of malt beverages in the City of Smyrna. Second by W. L. Keck. Voting for the motion:- R. J. Austin, Harry E. Ingram, R. J. McCurry, and W. L. Keck. Opposed: - W. B. Sander s and. J. B. Ables. Mayor George W. Kreeger appointed the following committee: W. B. Sanders, R. J. McCurry, and Harry E. Ingram. One added employee assigned on temporary basis for the Parks Department was approved. .Mayor G. W. Kreeger assigned Councilman-W. L. Keck to submit for approval, rules and. regulations for the control and licensing of carnivals. A problem, called a nuisance by citizens in area of Benmac and Old Springs Road, was referred to Councilman Harry E. Ingram. There being no other business, Mayor G. W. Kreeger adjounred the meeting. Adjourn: - 8:15 o'clock P.M. Next meeting: - May 15, 1961 - 7:00 o!clock. P.M. May 15, 1961 Meeting of Mayor and Council held at City Hall was called to order at 7:00 o'clock P.M. by presiding officer, Mayor G. W. Kreeger. All councilmen were present. In the first order of business, Messrs. Foster, Murphy, and Brooks referred a neighbor- hood.conflict in area of Benmac and Old Spring Road. They claimed the vacant lot of Mr. Morgan's was utilized.by groups of children creating nuisance, noise, general disturbance, and that plans were to install a tract for mechanical carts. Referred to Police Department for surveillance. Mr. William J. MacKenna was requested to submit preliminary plans and layout of all the land, site of pump station, and estimated cost covering utilities in project -south of Campbell High School. CONTROL OF MALT BEVERAGE SALES - CITY OF SMYRNA, GA. (a) Item No. 8 "Hours of Sales", amended to read (see amended regulations reproduced and attached hereto.) (b) Item No. 9 "License Issued", amended to read (see amended regulations reproduced and attached. hereto.) (c) Item No. 10 "Package Store Defined", amended as deleted (see amended regulations re- produced and attached hereto.) (d) Item No. 11 "Pouring License and Curb Service" deleted and made a part of Amended Item No. 9 (see regulations reproduced and attached hereto.) (e) Item No. 12 becomes Item No. 11; Item No. 13 changed.to No. 12; Item No. 14 changed to No. 13 and. Item No. 15 changed to No. 14. (f) Item No. 15 added, t'License Fees" (see amended regulations reproduced and attached hereto.) (g) Item "C" amended to call out the unit tax levy per case, drum or keg. (See amended. regulations reproduced and attached hereto.) 70. May 15 continued Rules and Regulations amended as called out above and reproduced in the minutes and made a part thereof were on motion by R. J. McCurry, second by R. J. Austin accepted as amended on a four to three vote. Voting for the amendment: - R. J. Austin, Harry E. Ingram, R. J. McCurry, and W. L. Keck. Voting against the amendment:- J. B..Ables, W. B. Sanders and John K. Chastain. Motion by R. J. McCurry, second R. J. Austin and voted unanimous:- Malt Beverage Revenue Stamps un hand per inventory submitted by City Clerk shall be used until present supply is exhausted and reproduction or reprinting of revenue stamps shall be withheld. and placed.on the agenda for action and/or changes in value or application as approved by council. Motion by R. J. Austin: - If Mayor and Council approve issuance of privilege licenses under the rules and.regulations approved, said privilege license shall be: - (a) Wholesale dealers - selling and delivering $100.00 per annum (b) Retail dealers - package stores, corporate limits of City of Smyrna $200.00 per .annum (c) Retail dealers - pouring license, corporate limits of City of Smyrna $250.00 per annum Motion seconded by.W.,L. Keck and voted unanimous. Motion by'R. J. McCurry:- "Rules and Regulations shall be adopted as amended and licenses issued by City Hall upon.receipt of control forms and approval of applications by Mayor and Council." Motion seconded by R. J. Austin. Vote carried five to two. Voting for: - R. J. Austin, Harry E. Ingram, R. J. McCurry, W. L. Keck, and John K. Chas- tain. Voting against: - W. B. Sanders and _ J. B. Ables . Rules and. Regulations Governing the Sale of Malt Beverages in the City of Smyrna, Ga. as amended and reproduced in the finalized minutes and made a part thereof: - RULES AND REGULATIONS GOVERNING THE SALE OF MALT BEVERAGES IN THE CITY OF SMYRNA, GEORGIA Adopted: Mayor,& Council - 5-15-61 1. PURPOSE In addition to all State of Georgia Laws and Regulations applicable to the sale of Malt Beverages in Municipalities, the following Rules and Regulations shall be enforced by the City of Smyrna, Georgia; to control the sale of Malt Beverages within the City Limits of the City of Smyrna; to control the issuance of licenses for the purpose of selling Malt Beverages; to collect fees for Malt Beverage licenses; to levy and collect taxes on the products sold under these Rules and Regulations; to establish hours of sale; A. CONTROLLING THE SALE OF MALT BEVERAGES WITHIN THE CITY LIMITS OF THE CITY OF SMYRNA GEORGIA: o person, group of persons or company shall sell MaV Beverages within he City Limits of Smyrna without having first obtained a license for such sale from the Mayor and Council of the City of Spyrna. B. ISSUANCE OF MALT BEVERAGE LICENSE, COLLECTION OF FEES, AND HOURS OF SALE: It s e un .ers hat all Malt Beverage licenses issuea Ey the Ci y of Smyrna authorize the sale of beer and malt liquors only and specifically exclude the sale of Wines. Licenses for the sale of Malt Beverages shall be issued only after approval of each application by Mayor and Council and shall be subject to revocation at any time. Mayor and Council will consider such items as character of the applicant, past history, location of business to be estab- lished, financial ability of the applicant, and any other data considered perti- nent to the control and sale of Malt Beverages. 1. There shall be no specific limit on the number of licenses to be issued. 2. Applicant must be of good moral character and without previous conviction other than minor traffic violations and/or misdemeanors. 3. Applicant must meet all state requirements applicable to the sale of Malt Beverages within Municipalities. 4. Applicant must be either a resident of the City of Smyrna or an operator of a business located within the City of SnWrna. 5. Only.one (1).license shall be issued..to any one person, immediate family,, - or company. 6. Operators of licensed establishments for the sale of Malt Beverages may display only one (1) sign outside of each establishment advertising Malt Beverages, such sign shall be no larger than sixteen (16) square feet in size and.shall contain no advertisement of price whatsoever. 71, May 15 continued. C\11 CA t- 7. Only those distributors who will cooperate with the City of Smyrna shall be issued a distributor's license. 8. The public sale of Malt Beverages shall be limited to the hours of six (6) o'clock A.M. to 11V45 o'clock P.M., Monday through Saturday. 9. Licenses shall be issued to distributors or wholesalers, package stores, and pouring licenses to certain establishments deriving over fifty (50) per cent of their gross income from the sale of food prepared on the premises, curb service being expressly prohibited, fees for such licenses to be established by Mayor and.Council and collected prior to issuance'of such license. 10. No drinking of Malt Beverages shall be allowed on the premises of a package store. 11. Licenses shall be issued for a specific location and shall cover only the type of business for which it is issued. Such licenses shall be non-trans- ferrable and non-refundable. 12: The sale of Malt Beverages shall be prohibited in and/or at public or private recreation facilities, grocery stores, drug stores, amusement places, and all other establishments except as specifically authorized in these Rules and Regulations. 13. All applications for Malt Beverages -licenses shall be on forms provided by the City of Smyrna and shall be completed.in all respects prior to submission to Mayor and. Council for action. 14. All sales of Malt Beverages shall be for cash upon sale and sales on credit are specifically prohibited. 15. Fees for licenses issued under these Rules and Regulatio ns shall be as follows; Distributor or Wholesaler License $100.00 _ Retail Package Store License $200.00 Retail Pouring License $250.00 C. THE LEVY AND COLLECTION OF TAXES ON MALT BEVERAGES A tax shall be levied. by Mayor and Council on each case, drum, and keg of Malt Beverage brought into the city for sale, such tax to be in the form of Revenue Stamps purchased by the distributors and wholesalers from the City of Smyrna and securely attached.to each case, drum, or keg prior to delivery within the City of Smyrna for sale. This tax shall be as follows on a per case, drum, or keg basis:- 0 - 12 oz. cans or bottles - 3 cents per can or bottle 13 - 16 oz. cans or bottles - 5 cents per can or bottle 17 - 24 oz. cans or bottles - 7 cents per can or bottle 25 - 32 oz. cans or bottles - 10 cents per can or bottle one-half.keg (7.75 gal.) - $2.00 per 1/2 keg keg (15.5 gal.) - $4.00 per keg The tax stamp shall be affixed to each case, drum, 1/2 keg, or keg rather than to each individual container. Distributors and wholesalers shall submit a weekly report to the City of Smyrna, on forms furnished by the City of Smyrna, showing the purchasers, quantity, and size of all containers of Malt Beverage delivered iL thin the City of Smyrna for the particular week of the report. II:. The City of Smyrna shall have the legal right to inspect all Malt Beverage containers held for sale at any time during operating hours.. . III. The issuance of a license under these Rules and.Regulations does not relieve the licensee from complying with all other Laws and Ordinances of the City of Smyrna, Georgia. In discussion of group insurance coverage and.report submitted showing current casualty loss ratio at 93.3%, council voted on R. J. McCurryts motion to accept Pan American Life Insurance.Companyts proposal of 10% casualty rate increase and.$25.00 deductible provision for the contract year ending June 1, 1962. Motion to accept authorizes equal division of the 10% casualty rate increase between employer and. employee. Seconded by W. B. Sanders and voted unanimous. On W. L. Keck's motion all builders and developers were ordered to purchase water' meters upon issuance and approval of building permits and installation of said meters prior to construction. Second by R. J. Austin. Voted unanimous. Councilman R. J. MCCurry excused 9:00 o'clock P.M. In other action the council: - (a) Heard a report on prior election expenses in excess of qualifying fees and recommended Charter changes at a later date. (b) Requested the proposed garage in area of -Concord Road and South Cobb Drive be handled through petition to re -zone from C-1 to C-2, said petition upon submission for advertising and hearing to indicate the owner of the premises as well as the holder of the lease. (Mr. Maxwell) 72 May 15 continued (c) Ordinance for the control of ice cream vendors discussed in council. No changes were authorized. (d) Deferred action on ordinance for the control of carnivals and/or traveling shows. (e) Authorized Highland. Avenue re -surfacing', curb and. gutter installation to start immediately and assessment ordinance to be drawn by City Attorney. The question of deleting building permits for alteration and/or conversion with an estimated cost at or below $300.00 was called.out in council by H. E. Ingram. Discussion resulted in a motion by H. E. Ingram that this council amend Item No. 1 of the ordinance pertaining to contractors to read that building permits effective this date are required for all building, structures, alterations, conversion or repairs and further motioned that all buildings, structures, etc. with estimated costs of $300.00 or less shall be issued. on a no charge basis. Seconded by J. B. Ables and voted unanimoi A motion by R. J. Austin which carried authorized Chief of Police to withdraw all traffic violations issued, for illegal parking at Cobb Park during the scheduled game on May 13, 1961. Motion R. J. Austin, second W. L. Keck - Sanford Place shall be declared a One-way street south to north from Bank Streot to Powder Springs and that "No Parking" signs be erected on the west side of Sanford Place opposite the area reserved for angle parking on the east side of Sanford Place. Unanimous. Referring to November 1961 election, Mayor G. W. Kreeger requested in council that City Hall records shall not be made available to any person qualifying for office or to :r:;r any,person requesting records that may be construed as pertinent to campaign purposes. It was also called out that added assignments hinged.on tax collections, accounting for malt beverage tax and.control records plus library and garage recording during vacation season would create an added burden if requests for records was permissible. Mayor Kreeger, speaking on spending for the next six months, called attention to $50,000.00 loan payable out of first half tax collections and.requested all council members to approve only those expenditures of a regular, recurring or emergency nature. Councilman John K.'Chastain excused 9:50 o'clock P.M. On motion of W. L. Keck sick leave policy as amended was adopted on unanimous vote. J. B. Ables seconded the motion. Excerpts from amended.policy: - (a) Accumulate sick leave at rate of 1/2 day per month up to 15 days, or 30 days occupational accident. (b) Payment at current.b ase rate for first seven days. (c) After seven conscutive days payment At the rate of difference between base earnings and amount payable under group insurance coverage. (d) Sicki{leave in excess of 'two days require statement of verification from attending physician. Said verification of illness at discretion of Department Head. (e) No payment shall be made for unused sick leave. Proposed operating budget covering Construction Department was submitted in council by W. B. Sanders as follows;- Estimated.Revenues Expenses caries and. Wages 14, 980.00 Operating supplies,'installation . costs including capital Expend. 22,540.00 TOTAL. EXPENSES OVER REVENUES balance of 1961 (35weeks) $ 28,750.00 137,520.00 $ 827?0.00 Motion W. B. Sanders:- t'We adopt Construction Department budget as submitted. Second by J. B. Ables and Voted unanimous. i Letter referring to rate adjustment by reason of added.operating costs of Teen -Age Canteen was read in council. Action deferred. Motion to adjourn W. B. Sanders, W. L. Keck. Adjourn 10:30 o'clock P.M. Next meeting - May 18, 1961, 600 o'clock P.M.