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07262004 July 26, 2004 Council Meeting Julv 26, 2004 - 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 6:30 o'clock p.m. All council members were present except Council Member Pritchett, who was on vacation. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, and City Attorney Scott Cochran. SHOW CAUSE HEARINGS: (A) Show Cause Hearing - Alcoholic Beverage Violation - Leroy's Liquor - 2230 South Cobb Drive - Geralyn Bums, Agent Mayor Bacon recognized Ms. Geralyn Burns, agent for Leroy's Liquor (LL), and her attorney, Mr. Joel Dodson. Mayor Bacon recognized Ofc. L. A. Maloney, and asked Ofc. Maloney to provide details of the recent compliance check at LL to those present. Ofc. Maloney stated that on January 9, 2004 at approximately 7:00 p.m., a 20 year old undercover informant of the City police department entered the premises of LL. Ofc. Maloney stated the informant presented the informant's Georgia drivers license to Mr. YousefParman, a clerk on duty. Ofc. Maloney stated the informant was able to purchase two bottles of beer at LL. Ofc. Maloney stated the violation was observed by Ofc. Defense, who was in plain clothes at the time. Ofc. Maloney stated the informant paid for the beer and left the premises with it. - Mr. Cochran stated this case has been discussed with LL's legal counsel, and read the terms of the recommended disposition of the complaint against LL as follows: 90 day suspension with 30 consecutive days beginning July 28, 2004, at 12:01 A.M. through and including August 26, 2004. The remaining 60 days will be served by the establishment being closed each Monday, Tuesday and Wednesday for 20 consecutive weeks beginning the week of August 30, 2004, and ending on January 12,2005. On or before August 26, 2004, the licensee shall install cash registers which require a birth date to be entered in order to ring up a sale and shall submit proof of such installation to the city attorney. On or before August 26, 2004, the licensee and all managers shall complete a responsible alcohol sales and service workshop presented by Evindi, Inc. and submit proof of such to the city attorney. On or before August 26, 2004, all employees must complete an employee training program presented by Evindi, Inc and submit proof of Stich to the city attorney. The licensee shall be on probation for 5 years. Mr. Cochran asked Mr. Dodson if the terms as read are acceptable, and Mr. Dodson answered in the affirmative. - July 26. 2004 2 Council Member Newcomb stated he would like to hear acknowledgement from Mr. Dodson that the facts as presented by Ofc. Maloney are not being disputed. Mr. Dodson stated the fact that a sale was made to a person under twenty-one years of age is not being contested. Mr. Dodson stated that, according to Mr. Parman, a customer who seemed irate was ahead of the informant in line at the time of the incident, and that Mr. Parman was focused on tending to customers. Mayor Bacon stated that the best way to make certain that alcoholic beverages are not sold to underage persons is to check identifications of all purchasers. Council Member McNabb stated the balance of the 60 days suspension to be served over a period of 20 consecutive weeks will end on January 12, 2005, and not January 12,2004 as misstated earlier. - MOTION: Council MemberSmith made a motion to approve the prescribed penalties as read into the record by Mr. Cochran and agreed to by Mr. Dodson for Leroy's Liquor at 2230 South Cobb Drive for Geralyn Burns, agent. The motion was seconded by Council Member Newcomb. Motion was approved 5 - O. (Clerk's Note: Council Member Lnenicka was not present at the time of the vote) (B) Show Cause Hearing - Alcoholic Beverage Violation - BP Connect - 2535 Cobb Parkway - Lawrence Owens, Agent Mayor Bacon recognized Mr. Ken Rickert, an attorney representing BP Connect (BP). Mr. Rickert stated his client, Mr. Owens, is expected to arrive later, and requested that the hearing for BP be postponed to a later time this evening. Mayor Bacon stated the hearing for BP will resume when Mr. Owens arrives. (C) Show Cause Hearing - Alcoholic Beverage Violation - Quik Trip - 2180 Windy Hill Road - Douglas Cussimanio, Agent - Mayor Bacon recognized Mr. Cussimanio, the license agent for Quik Trip (QT). Ofc. Maloney stated that on December 5, 2003, at approximately 4:00 p.m., a 20 year old undercover informant entered the QT at 2180 Windy Hill Road. Ofc. Maloney stated the informant was able to purchase a bottle of beer from a clerk on duty identified as Rueben Munive-Cardoso. Ofc. Maloney stated the violation was observed by Ofc. Defense. Ofc. Maloney stated the informant was not required to furnish any identification at the time of the sale. Mr. Cochran stated that QT has an excellent program in place for training its employees and managers the proper way to sell alcoholic beverages. At Mr. Cochran's request, Mr. Cussimanio provided details of QT's alcoholic beverage sales training program to those present. Mr. Cussimanio stated QT also employs a shopping service to check its stores to help make certain that sales of alcohol and tobacco items are made in a lawful manner. Mayor Bacon recognized Mr. James Cabal (phonetic), division manager for QT stores in the Atlanta area, and Mr. Cabal provided additional details of QT policies and procedures to those present. Mr. Cochran stated that the extensive training measures QT has in place at its stores is a mitigating factor in this case. Mr. Cochran stated the recommended penalty in this instance is a warning and two years probation. Mayor Bacon asked what steps will be taken to help make certain there are no further problems of this type at QT, and Mr. Cabal stated that internal compliance checks will continue. MOTION: Council Member Smith made a motion to approve issuance ofa warning to Quik Trip at 2180 Windy Hill Road, Douglas Cussimanio, agent, and imposition of a two-year probation for the violation of selling an alcoholic beverage to an underage person. The motion was seconded - July 26. 2004 3 by Council Member Wood. Motion was approved 5 - 0, with Council Member Lnencika abstaining. - (D) Show Cause Hearing - Alcoholic Beverage Violation - Lupita's Restaurant - 2161 South Cobb Drive - Cecilio Chavez, Agent Mayor Bacon recognized Mr. Nathan Wade, an attorney representing Lupita's restaurant (LR). Ofc. Maloney stated that on January 9, 2004 at approximately 6:50 p.m., a 20 year old undercover informant went into LR at 2161 South Cobb Drive. Ofc. Maloney stated the informant went to the bar area of LR, and was able to purchase an alcoholic beverage at that time. Ofc. Maloney stated the violation was observed by Ofc. Defense. Ofc. Maloney stated the LR employee asked the informant for identification which was presented, and the employee sold the alcoholic beverage to the informant. Ofc. Maloney stated the LR employee was identified as Esmeralda Suarez-Colin. Mr. Cochran stated he has discussed this matter with Mr. Wade. Mr. Cochran stated this is a first offense for LR. Mr. Cochran stated that the staff at LR could benefit from some training for properly selling alcoholic beverages. Mr. Cochran read the recommended disposition for the complaint against LR as follows: On or before October 6,2004, owner and manager shall complete a responsible alcohol sales and service workshop presented by Evindi, Inc. and submit proof of such to the city attorney. The licensee shall be on probation for two years. - Mayor Bacon suggested the disposition in this case include a directive for all LR personnel to require proper identification from all persons attempting to purchase alcoholic beverages at the establishment until the required training is completed. MOTION: Council Member Smith made a motion to approve a disposition requiring the owner and agent ofLupita's Restaurant at 2161 South Cobb Drive, Cecilio Chavez, agent, to complete a responsible alcohol sales and service workshop presented by Evindi, Inc. on or before October 6. 2004 and submit proof of such to the city attorney. Council Member Smith stated the motion includes a requirement for all LR personnel to obtain proper identification from all persons attempting to purchase alcoholic beverages at the establishment until the required training is completed. The motion was seconded by Council Member Wood. Motion was approved 6 - O. (E) Show Cause Hearing - Alcoholic Beverage Violation - Vintage Tavern - 2860 Atlanta Road - Timothy Langell, Agent Ofc. Maloney stated that on January 9, 2004 at approximately 7:20 p.m. a 20 year old undercover informant entered Vintage Tavern (VT). Ofc. Maloney stated the informant, along with Ofc. Defense, entered the bar area. Ofc. Maloney stated that, after presenting identification, the informant was able to purchase beer from VT employee Monica Diane Allen. - Mr. Cochran stated research has indicated that VT has substantial measures in place to teach its employees the proper and lawful manner in which to sell alcoholic beverages. At Mr. Cochran's request, Mr. Langell provided details ofVT's alcoholic beverage sales training and compliance program to those present. Mr. Cochran stated that, based on the precautionary measures taken by Julv 26, 2004 4 the management ofVT, a disposition including a warning and two year probation is recommended. Council Member Scoggins stated he has observed firsthand employees at VT making efforts to obtain identification from purchasers of alcoholic beverages at that establishment. Mr. Scoggins thanked Mr. Langell for cooperating with Mr. Cochran to arrive at a resolution to this violation. - MOTION: Council Member Scoggins made a motion to approve a disposition for Vintage Tavern at 2860 Atlanta Road, Timothy Langell, agent, to include a warning and a two year probation. The motion was seconded by Council Member Newcomb. Motion was approved 6- O. (F) Show Cause Hearing - Alcoholic Beverage Violation - Atkins Park - 2840 B Atlanta Road - Kevin Drawe, Agent Ofc. Maloney stated that on January 9, 2004 at approximately 8:00 p.m. a 20 year old undercover informant entered Atkins Park (AP). Ofc. Maloney stated the informant entered the bar area. Ofc. Maloney stated that the informant was able to purchase beer from AP employee Asa Ben Kaufman. Ofc. Maloney stated the informant was not required to present identification, and that the violation was observed by Ofc. Defense. Mr. Cochran stated that AP has substantial measures in place to teach its employees the proper and lawful manner in which to sell alcoholic beverages. At Mr. Cochran's request, Mr. Drawe provided details of AP's alcoholic beverage sales training and compliance program to those present. Mr. Cochran stated that, based on the precautionary measures taken by the management of AP, a disposition including a warning and two year probation is recommended. Council Member Scoggins stated he believes the management of AP has made an effort to make certain alcoholic beverages are sold in a lawful manner at that establishment, and that the best precaution against future violations is to continue training and internal compliance checks. Council Member Scoggins stated that AP has previously been the subject of undercover inquiries by local authorities to gauge compliance with alcoholic beverage sales regulations, and that the results of those checks at AP were favorable. - MOTION: Council Member Scoggins made a motion to approve a disposition for Atkins Park, 2840 B Atlanta Road, Kevin Drawe, agent, to include a warning and a two year probation. The motion was seconded by Council Member McNabb. Motion was approved 6 - O. (G) Show Cause Hearing - Alcoholic Beverage Violation - Border Mexican Restaurant - 2569 Cobb Parkway - Napoleon Vela, Agent Ofc. Maloney stated that on December 5, 2003 at approximately 4:40 p.m., a 20 year old undercover informant entered Border Mexican Restaurant (BMR) at 2569 Cobb Parkway. Ofc. Maloney stated the informant, along with Ofc. Defense, entered the bar area. Ofc. Maloney stated that the informant was able to purchase an alcoholic beverage from BMR employee Virgilio Padilla. Ofc. Maloney stated the employee did not ask the informant for identification at the point of sale. Mr. Cochran stated this is a first offense for BMR. Mr. Cochran stated that the staff at BMR could benefit from some training for selling alcoholic beverages in a lawful manner. Mr. Cochran stated the recommended disposition for the complaint against BMR includes a requirement that on or before October 6, 2004, the owner and manager shall complete a - July 26,2004 5 - responsible alcohol sales and service workshop presented by Evindi, Inc. and submit proof of such to the city attorney, a two year probation, and a requirement for all BMR personnel to require proper identification from all persons attempting to purchase alcoholic beverages at the establishment until the required training is completed. Council Member Newcomb asked Mr. Cochran if his review of this matter indicates whether or not there is an alcoholic beverage sales training program in place at BMR, and Mr. Cochran stated there appears to be no such program in place there. Council Member Newcomb advised Mr. Vela he is troubled by the fact that BMR has no alcoholic beverage sales training program in place and that no identification was required from the informant at the time the informant was able to illegally purchase an alcoholic beverage there. Mr. Vela stated the manager who sold the alcoholic drink to the informant is a good employee who has been at BMR for eleven years, but there is no excuse for the violation. Mr. Vela stated that monthly staff meetings are held at BMR, and that precautions against selling alcoholic beverages to underage persons are discussed at these meetings, - MOTION: Council Member Newcomb made a motion to approve the proposed disposition for Border Mexican Restaurant at 2569 Cobb Parkway, Napoleon Vela, agent, to include a requirement that on or before October 6, 2004, owner and manager shall complete a responsible alcohol sales and service workshop presented by Evindi, Inc. and submit proof of such to the city attorney, a two year probation and a requirement for all BMR personnel to obtain proper identification from all persons attempting to purchase alcoholic beverages at the establishment until the required training is completed. The motion was seconded by Council Member Lnenicka. Mr. Cochran asked Mr. Vela if he is agreeable to the proposed disposition, and Mr. Vela answered in the affirmative. Council Member Newcomb expressed the view that the licensee at this hearing should acknowledge that the facts as presented by Ofc. Maloney are correct, and Mr. Vela stated he has no reason to believe the police officer was not telling the truth. Motion was approved 6 - O. (H) Show Cause Hearing - Alcoholic Beverage Violation - Exxon Station - 2370 Spring Road - Neelam Keshvani, Agent Mayor Bacon recognized Mr. Chip Carter, an attorney representing the licensee. Ofc. Maloney stated that on December 5, 2003 at approximately 5:00 p.m. an undercover informant entered the Exxon Station (EX) at 2370 Spring Road. Ok Maloney stated the informant was able to purchase a bottle of beer from Padma Rao Patipaka, a clerk on duty at EX. Ofc. Maloney stated the informant was not required to present identification, and that the violation was observed by Ofc. Defense. Mr. Cochran asked Mr. Carter if he agrees with the facts as presented, and Mr. Carter stated there is no reason to disbelieve them. Mr, Cochan stated the establishment in this case does not appear to provide any comprehensive training to its staff for alcoholic beverage sales. Mr. Cochran stated it seems appropriate in this case to require the owner, Mr. Ali, and all the managers to complete a responsible alcohol sales and service workshop as presented by Evindi, Inc. in addition to a two year probation, At Mr. Cochrans' request, Mr. Carter provided details to those present regarding operations at EX. Mr, Carter stated the individual who sold the alcoholic beverage to the informant was a stock clerk who was not authorized to ring up sales. Mr. Carter stated that monthly staff meetings with orientation and training are held at EX. Mr. Carter stated there are cash registers equipped with a date of birth printout function at EX. Mr. Carter stated a - July 26, 2004 6 retailers trade association in the area is taking steps to help make proficient training available to small business operators. Council Member Newcomb asked Mr. Carter if EX is now a Shell Station, and Mr. Carter answered in the affirmative. Council Member Lnenicka asked Mr. Carter ifhe will be discussing this matter with Ms. Keshvani after she returns from abroad, and Mr. Carter answered in the affirmative. Council Member Lnenicka asked Mr. Ali to make an effort to maintain his business premises in better order by keeping the grass trimmed and arranging for removal of the litter that seems to be accumulating there. - MOTION: Council Member Newcomb made a motion to approve the proposed disposition for the Exxon/Shell Station at 2370 Spring Road, Neelam Keshvani, agent, to include a requirement that on or before October 6, 2004, the owner, Mr. Ali, and all managers shall complete a responsible alcohol sales and service workshop presented by Evindi, Inc. and submit proof of such to the city attorney, a two year probation and a requirement for all Exxon/Shell personnel to obtain proper identification from all persons attempting to purchase alcoholic beverages at the establishment until the required training is completed. Council Member Newcomb asked if the terms as specified will be accepted, and Mr. Ali answered in the affirmative. The motion was seconded by Council Member Wood. Motion was approved 6 - O. (I) Show Cause Hearing - Alcoholic Beverage Violation - Five Points Convenience Store - 1649 Roswell Street - Y ousaf Shaikh, Agent Ofc. Maloney stated that on December 5, 2003 at approximately 3:35 p.m., a 20 year old undercover informant and Ofc. Defense entered the Five Points Convenience Store (FPC) at 1649 Roswell Street. Ofc. Maloney stated the informant was able to purchase a bottle of beer from Shallendra Bajracharya, a clerk on duty. Ofc. Maloney stated the informant was not required to present any identification at the point of sale. - Mr. Cochran stated this is the second offense for this location. Mr. Cochran stated he believes that FPC would benefit from outsourcing its alcoholic beverage sales training because there is no real internal training program in place there. Mr. Cochran stated that this is a second offense for FPC, and recommended a penalty to include 5 days suspension beginning July 28 at 12:0 I a.m. and ending on August 1,2004, at 11 :59 p.m., a requirement for the owner and all the managers to complete a responsible alcohol sales and service workshop as presented by Evindi, Inc. on or before October 6. 2004 and provide proof of such training to the city attorney, and a two year probation. Mr. Cochran asked Mr. Shaikh if he agrees with the facts as presented by Ofc. Maloney, and Mr. Shaikh answered in the affirmative. Mr. Cochran asked Mr. Shaikh ifhe accepts the requirements of the penalty recommended, and Mr. Shaikh answered in the affirmative. MOTION: Council Member Scoggins made a motion to approve a penalty for Five Points Convenience Store at 1649 Roswell Street, Y ousaf Shaikh, agent, to include 5 days suspension beginning July 28 at 12:0 I a.m. and ending on August 1, 2004, at II :59 p.m., a requirement that on or before October 6, 2004, the owner and all managers shall complete a responsible alcohol sales and service workshop presented by Evindi, Inc. and submit proof of such to the city attorney, a two year probation and a requirement for all Five Points Convenience Store personnel to obtain proper identification from all persons attempting to purchase alcoholic beverages at the establishment until the required training is completed. The motion was seconded by Council Member McNabb. Motion was approved 6 - O. - July 26, 2004 7 (J) Show Cause Hearing - Alcoholic Beverage Violation - John's Convenience Store- 902 Windy Hill Road - Angelina Soo Lee, Agent .... Ofc. Maloney stated that on January 9, 2004, at approximately 7:25 p.m., a 20 year old undercover informant and Ofc. Defense entered John's Convenience Store, located at 902 Windy Hill Road. Ofc. Maloney stated the informant was able to purchase a bottle of beer from Sun Mei Chang, the clerk on duty. Ofc. Maloney stated the informant was not required to present identification at the point of sale. Mr. Cochran asked Ms. Lee is she agrees with the facts as presented by Ofc. Maloney, and Ms. Lee answered in the affirmative. Mr. Cochran stated the recommended disposition for John's Convenience Store (JCS) is to require the owner and all the managers to complete a responsible alcohol sales and service workshop as presented by Evindi, Inc. in addition to a two year probation. Mr. Cochran asked Ms. Lee ifshe will accept the recommended disposition, and Ms. Lee answered in the affirmative. Council Member Smith asked Mr. Cochran what consequences will be faced by licensees who fail to complete required training by the specified deadline. Mr. Cochran stated that any licensee who fails to complete required training by a specified deadline, or who fails to provide proof of completion of such training, will be summoned before the council again for a hearing on possible suspension or revocation of their privilege license. - MOTION: Council Member Smith made a motion to approve the proposed disposition for John's Convenience Store at 902 Windy Hill Road, Angelina Soo Lee, agent, to include a requirement that on or before October 6, 2004, the owner and all managers shall complete a responsible alcohol sales and service workshop presented by Evindi, Inc., or an equivalent program, and submit proof of such to the city attorney, a two year probation and a requirement for all John's Convenience Store personnel to obtain proper identification from all persons attempting to purchase alcoholic beverages at the establishment until the required training is completed. The motion was seconded by Council Member Lnenicka. Motion was approved 6 - o. (K) Show Cause Hearing - Alcoholic Beverage Violation - Texaco - 875 Windy Hill Road- Ayaz Sutaria, Agent Ofc. Maloney stated that on January 9, 2004 at approximately 7:35 p.m., a 20 year old undercover informant entered the Texaco (TX) store at 875 Windy Hill Road. Ofc. Maloney stated the informant was able to purchase an alcoholic beverage from Nega Tesfaye Getachen, a clerk on duty at the establishment. Ofc. Maloney stated the violation was observed by Ofc. Defense, and that the informant was not required to present identification at the point of sale. - Mr. Cochran stated that this location has been the subject of previous undercover alcoholic beverage compliance inquiries with favorable results. Mr. Cochran stated he has copies of letters from both the City and the local Underage Drinking Task Force commending this licensee for passing these tests. Mr. Cochran stated that this business would likely benefit from some professional training because most of the training presently conducted at TX seems to be conventional on-the-job instruction. Mr. Cochran stated the recommended disposition for TX includes a requirement for the owner and all the managers to complete a responsible alcohol sales and service workshop as presented by Evindi, Inc. and to provide proof of such training to the city attorney in addition to a two year probation. Mr. Cochran asked Mr. Sutaria ifhe agrees with the facts as presented by Ofc. Maloney, and Mr. Sutaria answered in the affirmative. Mr. Cochran asked Mr. Sutaria ifhe will accept the recommended disposition, and Mr. Sutaria July 26, 2004 8 answered in the affirmative. Mr. Sutaria provided details to those present regarding efforts he has made to ensure compliance with alcoholic beverage sales regulations. Mr. Sutaria stated he conducts customer service surveys and tries to make certain his staff requires persons attempting to purchase alcoholic beverages to provide proper identification. Council Member Wood asked Mr. Sutaria if the subject location is now conducting business as a Shell store, and Mr. Sutaria answered in the affirmative. Mr. Sutaria stated Texaco and Shell have merged. - MOTION: Council Member Smith made a motion to approve the proposed disposition for the Texaco/Shell store at 875 Windy Hill Road, Ayaz Sutaria, agent, to include a requirement that on or before October 6, 2004, the owner and all managers shall complete a responsible alcohol sales and service workshop presented by Evindi, Inc., and submit proof of such to the city attorney, a two year probation and a requirement for all Texaco/Shell personnel to obtain proper identification from all persons attempting to purchase alcoholic beverages at the establishment until the required training is completed. The motion was seconded by Council Member Wood. Motion was approved 6 - O. (L) Show Cause Hearing - Alcoholic Beverage Violation - BP Connect - 2535 Cobb Parkway - Lawrence Owens, Agent (continued) Ofc. Maloney stated that on December 5, 2003 at approximately 4:25 p.m., a 20 year old undercover informant, along with Ofc. Defense, entered the BP Connect store at 2535 Cobb Parkway. Ofc. Maloney stated that the informant was required to present identification at the point of sale, but was able to purchase a bottle of beer. Mr. Cochran asked Mr. Rickert if he stipulates that the facts as presented by Ofc. Maloney are correct, and Mr. Rickert answered in the affirmative. Mr. Cochran commented favorably on the alcoholic beverage training program conducted by the BP organization. At Mr. Cochran's request, Mr. Rickert provided to those present details concerning the alcoholic beverage training program conducted by BP. Mr. Rickert stated the subject location is a company owned and operated store. Mr. Rickert stated that BP places a great deal of emphasis on maintaining clean and attractive business premises at its locations. Mr. Rickert stated BP is committed to compliance with alcoholic beverage sales regulations, and that extensive training measures are taken to help BP reach its compliance goals. Mr. Rickert stated that new employees are closely monitored, and that BP has a mystery shopping program to help gauge the level of compliance with BP's policies and procedures. Mr. Rickert stated that this location has been the subject of previous undercover alcoholic beverage compliance inquiries with favorable results, and that BP has received letters from local authorities commending this licensee for passing these tests. Mr. Cochran asked Mr. Rickert ifhe has authority to bind his client, and Mr. Rickert answered in the affirmative, stating he is the attorney-in-fact. - MOTION: Council Member Newcomb made a motion to approve a disposition for BP Connect at 2535 Cobb Parkway, Lawrence Owens, agent, to include a warning and a two year probation. The motion was seconded by Council Member Lnenicka. Motion was approved 6 - O. Mayor Bacon expressed the view that a server or other person selling alcoholic beverages should be held responsible for sales to underage persons. Mayor Bacon expressed appreciation to Ofc. Defense and Ofc. Maloney for their efforts. Mayor Bacon stated he believes that the City is taking the right steps to raise awareness of the importance of preventing underage drinking. With no further business, the meeting was adjourned at 8:30 p.m. - Julv 26, 2004 - ~~--?- A. MAX BACON, MAYOR ci~ ~~.&<V'-- . BILL SCOGGINS, RD 3 - 9 ~ ~ A~D. . SUSA D. HIOTT, CITY CL RK <\2,,, ~A- RON NEWCOMB, WARD 2 MICHAEL MCNABB, ~ WADE S. LNENICKA, WARD 6 ~~;:t) ~ CHARLES PETE WOOD, WARD 7 -