05122005 May 12, 2005
May 12,2005
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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. Also present were City Administrator Wayne Wright, City Clerk Susan
Hiott, and City Attorney Scott Cochran
SHOW CAUSE HEARINGS:
(A) Alcoholic Beverage Violation - Buckden's Value Foods DBA EI Valu - 2500 South
Cobb Drive - John W. Burton, Agent
The oath was administered to at least one person by Mr. Cochran.
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Mr. Cochran recognized Ofc. Maloney, and Ofc. Maloney stated that on April 21, 2005, at
approximately 8:50 p.m., a 17 year old informant entered the subject establishment and the
informant was able to purchase beer there. Ofc. Maloney stated the informant was asked to
present identification at the point of sale. Ofc. Maloney stated the informant presented
informant's valid Georgia drivers license, which indicates informant is under 21 years of age, to
the cashier. Ofc. Maloney stated the cashier entered an inaccurate date of birth into the point-of-
sale system to complete the transaction. Mayor Bacon asked Ofc. Maloney what the age of the
offending cashier is, and Ofc. Maloney stated she is 20 years old. Mr. Cochran asked Ofc.
Maloney if the offending cashier offered any explanation for bypassing the point-of-sale system
safeguards, and Ofc. Maloney said no. Council Member Smith asked Mr. Burton what the
employment status of the offending cashier is, and Mr. Burton stated she has been suspended
since the date of the incident. Mr. Burton stated he discussed the incident with the cashier, and
that she insists that she entered the information which appeared on the informant's license into
the point-of-sale system. Mr. Burton stated he believes the cashier may have read the date of
birth on the license incorrectly. Mr. Burton stated it is the policy ofEI Valu (EV) to require
proper identification from all persons attempting to purchase alcoholic beverages there. Mr.
Burton stated that all EV cashiers are trained to require proper identification from all persons
attempting to purchase alcoholic beverages and to look at the purchaser. Mr. Burton stated the
cashier in this case is experienced and has a proper alcoholic beverage sales permit. Mr. Burton
stated that training at EV is emphasized. Mr. Burton stated he has completed a responsible
alcoholic beverage sales and service class. Mr. Burton stated that EV cashiers are required to
sign a statement of acknowledgement that they understand policies and guidelines for selling
alcoholic beverages. Mr. Burton stated EV has been the subject of at least one previous alcoholic
beverage sales check by local authorities and that the previous test was completed with favorable
results. At Council Member Lnenicka's request, Mr. Burton provided details to those present
concerning additional alcoholic beverage sales training afforded to EV cashiers, managers and
staff after this incident. Mr. Burton stated that the sight of an employee being arrested at EV for
selling an alcoholic beverage to an underage person had a sobering effect on the EV staff. Mr.
Cochran asked Mr. Burton if EV personnel are trained to recognized the red strip on drivers
licenses issued to persons under 21 years of age, and Mr. Burton answered in the affirmative.
Mayor Bacon stated he recently discussed the matter of alcoholic beverage use by underage
persons with some local high school students. Mayor Bacon stated these young people indicated
that underage persons wishing to obtain alcoholic beverages do not usually have to buy the
alcohol themselves because they can obtain it from a person of legal age who will buy it for them.
Mayor Bacon asked Ofc. Maloney if EV has been the subject of complaints of sales of alcoholic
beverages to underage persons, and Ofc. Maloney said no. Ofc. Maloney stated there was
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Mav 12,2005
2
a manager at EV with an expired permit at the time ofthe incident. Mr. Cochran asked Mr.
Burton which responsible alcoholic beverage sales and service class he has completed, and Mr.
Burton stated it was the course presented by Evindi, Inc.
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MOTION: Council Member Smith made a motion to adjourn into executive session. The motion
was seconded by Council Member Lnenicka. Motion was approved 7 - O. (Clerk's Note:
Executive session commenced at 7:05 p.m.)
MOTION: Council Member McNabb made a motion to adjourn from executive session and to
reconvene the public meeting. The motion was seconded by Council Member Smith. Motion
was approved 7 - O. (Clerk's Note: Executive session concluded at 7: 16 p.m.)
MOTION: Council Member Smith made a motion to approve no action to be taken concerning
the alcoholic beverage violation at Buckden's Value Foods DBA EI Valu at 2500 South Cobb
Drive, John W. Burton, agent. The motion was seconded by Council Member Pritchett. Motion
was approved 6 - O. (Clerk's Note: Council Member Wood was not present at the time of this
vote)
(B) Alcoholic Beverage Violation - Howard's Deli - 652 Concord Road - Robert Howard
Martin, Agent
The oath was administered to at least one person by Mr. Cochran.
Ofc. Maloney stated that on April 21, 2005, at approximately 8: 15 p.m., Ofc. Defense and a 17
year old informant entered the subject establishment and the informant was able to purchase a
bottle of beer there. Ofc. Maloney stated the informant was asked to present identification at the
point of sale. Ofc. Maloney stated the informant presented informant's valid Georgia drivers
license, which indicates informant is under 21 years of age, to the server. Ofc. Maloney stated
the offending server was arrested and transported to the City police station to post bond.
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Mayor Bacon recognized Mr. Martin, and Mr. Martin expressed regret concerning the incident.
Mr. Martin stated that since the last alcoholic beverage violation at Howard's Deli (HD), training
for proper sales of alcoholic beverages at the establishment has been reinforced. Mr. Martin
provided additional details to those present concerning the training at HD for responsible
alcoholic beverage sales and service. Mr. Martin stated that HD servers are trained to check
identifications of persons attempting to purchase alcoholic beverages who appear to be less than
35 years of age. Mr. Martin stated that HD policies require servers to bring out-of-state
identifications to managers to be checked for validity before serving alcoholic beverages to
bearers of such licenses. Mr. Martin stated that shift managers at HD frequently remind servers
to check identifications when taking orders for alcoholic beverages. Mr. Martin started that
employees who undergo undercover inquiries by local authorities to check compliance with
alcoholic beverage sales regulations are given a cash bonus if the check is completed with
satisfactory results. Mr. Martin stated he discussed the incident with the offending server, and
that the information she provided suggests she may have incorrectly read the informant's license.
Mr. Martin stated his review of the security camera video tapes from the time ofthe incident at
HD indicates the informant was at the establishment for a very brief period oftime. Mr. Martin
stated the server followed the procedures, as she had been trained to do, at the time of the
incident. Mr. Martin stated he has been in the hospitality business for many years. Mr. Martin
stated that he believes underage persons will not go to establishments near their homes to attempt
to obtain alcoholic beverages because ofthe likelihood they will be recognized by people who
know them. Mr. Martin stated there is a limit to the amount of control he can exert over his
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Mav 12. 2005
3
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servers. Mr. Martin stated he is making every effort to comply with alcoholic beverage sales
regulations, and that he would appreciate the consideration of this fact by the city council when
they make a decision in this matter. Mayor Bacon asked Mr. Martin what the employment status
of the server in this case is, and Mr. Martin started her employment at HD has been terminated.
Mayor Bacon asked Ofc. Maloney if HD has been the subject of complaints of sales of alcoholic
beverages to underage persons, and Ofc. Maloney said no.
MOTION: Council Member McNabb made a motion to adjourn into executive session. The
motion was seconded by Council Member Smith. Motion was approved 7 - O. (Clerk's Note:
Executive session commenced at 7:34 p.m.)
MOTION: Council Member Scoggins made a motion to adjourn from executive session and to
reconvene the public meeting. The motion was seconded by Council Member Smith. Motion
was approved 7 - O. (Clerk's Note: Executive session concluded at 7:41 p.m.)
Mayor Bacon introduced Felipe Munive, Campbell High School Student Government President,
to those present. Mayor Bacon stated Felipe will be presiding over the council meeting as
honorary mayor Monday night. (Clerk's Note: Mr. Munive was present with the attending
officials at this executive session and for the remainder of the meeting)
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MOTION: Council Member McNabb made a motion to approve a disposition for the alcoholic
beverage violation at Howard's Deli at 652 Concord Road, Robert Howard Martin, agent to
include a one-year license probation to run concurrently with the existing probationary period
with no extension. Council Member McNabb stated an additional condition of the disposition
will be a requirement for servers at Howard's Deli to obtain proper identification from all persons
attempting to purchase alcoholic beverages there during the probationary period. Motion was
seconded by Council Member Smith. Motion was approved 7 - O.
MOTION: Council Member McNabb made a motion to approve a measure to allow Mr. Martin's
previous probationary period to expire on the same day as the one-year probation approved at
this meeting. The motion was seconded by Council Member Newcomb. Motion was approved
7 -0.
(C) Alcoholic Beverage Violation - Moe's Southwest Grill- 2840 Atlanta Road - James
Killingsworth, Agent
Mr. Cochran recognized Ofc. Maloney, and Ofc. Maloney stated that on April 21, 2005, at
approximately 7:00 p.m., Ofc. Defense and a 17 year old informant entered the subject
establishment and the informant was able to purchase a bottle of beer. Ofc. Maloney stated the
informant was asked to present identification at the point of sale. Ofc. Maloney stated the
informant showed informant's valid Georgia drivers license, which indicates informant is under
21 years of age, to the server. Ofc. Maloney stated the offending server was arrested and
transported to the City police station to post bond. Mayor Bacon asked Ofc. Maloney ifMoe's
Southwest Grill (MG) has been the subject of complaints of sales of alcoholic beverages to
underage persons, and Ofc. Maloney said no.
...
Mayor Bacon recognized Mr. Killingsworth, and Mr. Killingsworth provided details to those
present concerning the training program for responsible alcoholic beverage sales and service in
place at MG. Mr. Killingsworth expressed regret about the incident to the city council and
citizens of Smyrna. Mr. Killingsworth commented favorably on the manner in which the
compliance check was handled by the City police department, and the fair treatment afforded to
Mav 12,2005
4
the server by the attending officers. Mr. Killingsworth stated the reputation of his business is
very important. Mr. Killingsworth reported that preventing people from leaving the premises of
MG with alcoholic beverages they have purchased requires constant vigilance. Mr. Killingsworth
provided additional details to those present concerning other difficulties involved in selling
alcoholic beverages. Mr. Killingsworth stated the offending server is no longer employed at MG.
Mr. Killingsworth stated he believes the idea of reinforcing responsible alcoholic beverage sales
and service training by providing rewards and incentives to employees who are alert to underage
purchasers and others who should not be purchasing alcoholic beverages has merit. Mr.
Killingsworth stated MG servers are trained to require proper identification from all persons
attempting to purchase alcoholic beverages there. Mr. Killingsworth stated he believes the
alcoholic beverage sales compliance program is fair and necessary. Council Member Smith
asked Mr. Killingsworth ifhe has considered conducting internal alcoholic beverage sales
compliance checks at MG. Mr. Killingsworth provided details to those present concerning a
mystery shopper service which has been utilized to help evaluate customer service at MG. Mr.
Killingsworth stated he has been considering conducting internal alcoholic beverage sales
compliance checks at MG.
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MOTION: Council Member Scoggins made a motion to adjourn into executive session. The
motion was seconded by Council Member Wood. Motion was approved 7 - O. (Clerk's Note:
Executive session commenced at 8:09 p.m.)
MOTION: Council Member Scoggins made a motion to adjourn from executive session and to
reconvene the public meeting. The motion was seconded by Council Member Smith. Motion
was approved 7 - O. (Clerk's Note: Executive session concluded at 8: I3 p.m.)
MOTION: Council Member Scoggins made a motion to approve a disposition for the alcoholic
beverage violation at Moe's Southwest Grill at 2840 Atlanta Road for James Killingsworth,
agent, to include a one year probation for the alcoholic beverage sales license for the
establishment. Council Member Scoggins stated an additional condition of the disposition
will be a requirement for servers at Moe's Southwest Grill to obtain proper identification from all
persons attempting to purchase alcoholic beverages there during the probationary period. Motion
was seconded by Council Member Smith. Motion was approved 7 - O.
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(D) Alcoholic Beverage Violation - U. S. Cafe - 4499 South Cobb Drive - Edward E.
Perkins, Agent
The oath was administered to at least one person by Mr. Cochran.
Mr. Cochran recognized Ofc. Maloney, and Ofc. Maloney stated that on April 2 I, 2005, at
approximately 7:40 p.m., Ofc. Defense and a 17 year old informant entered the subject
establishment and the informant was able to purchase a bottle of beer there. Ofc. Maloney stated
the informant was not asked to present identification at the point of sale. Ofc. Maloney stated the
offending server was arrested and transported to the City police station to post bond. Mayor
Bacon asked Ofc. Maloney if U.S. Cafe (USe) has been the subject of complaints of sales of
alcoholic beverages to underage persons, and Ofc. Maloney said no.
Mr. Perkins provided details to those present concerning an alcoholic beverage sales violation
which occurred at his Spring Road location the previous year. Mr. Perkins provided details to
those present concerning the training at USC for responsible alcoholic beverage sales and service.
Mr. Perkins stated that the arrest of an employee at USC for selling an alcoholic beverage to an
underage person made a strong impression on the staff there. Mr. Perkins stated he will
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May 12,2005
5
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strengthen the alcoholic beverage sales policies at USC by making it a requirement for all
servers to obtain proper identification from all persons attempting to purchase alcoholic
beverages at USC. Mr. Perkins stated he is making every effort to comply with alcoholic
beverage sales regulations. Mr. Perkins stated the offending server in this case is one of the most
experienced staff members at USC. Mr. Perkins stated the server was busy at the time of the
incident, and that perhaps he should have scheduled more staff to work at that particular time.
Mr. Perkins stated the staff at USC must exercise caution to make certain that pitchers of beer are
not sold to persons of legal age who in turn allow minors to have a glass of beer from the pitcher.
Mayor Bacon asked Ofc. Maloney who would be held responsible in a case where a person of
legal age allows a minor to have a glass of beer from a pitcher the adult has legally purchased.
Ofc. Maloney stated that in such a case the adult allowing the underage person to consume the
alcoholic beverage would be held responsible. Council Member Lnenicka asked Mr. Perkins
to identity the person with him, and Mr. Perkins stated the man accompanying him at this
meeting is Mr. Cole Killeen, the general manager at USC. Mr. Killeen expressed regret about the
incident. Mr. Killeen provided details to those present regarding problems he has had to deal
with over the years in connection with alcoholic beverage sales, including one incident in the past
in which he had to take car keys away from a customer who appeared to have had too much to
drink. Mr. Killeen stated he will do whatever he can to prevent another incident of this type at
use. Council Member Newcomb asked Mr. Killeen how long he has been in the restaurant
business, and Mr. Killeen said 25 years. Council Member Newcomb asked Mr. Killeen if he has
ever encountered an underage person with the red stripe on their drivers license attempting to
purchase an alcoholic beverage from him, and Mr. Killeen answered in the affirmative. Mr.
Killeen stated he has also encountered fake identifications. Council Member McNabb
commented favorably on the sense of responsibility he has seen demonstrated by many of the
operators of businesses here in the City which sell alcoholic beverages.
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MOTION: Council Member Lnenicka made a motion to adjourn into executive session. The
motion was seconded by Council Member Wood. Motion was approved 7 - O. (Clerk's Note:
Executive session commenced at 8:46 p.m.)
MOTION: Council Member McNabb made a motion to adjourn from executive session and to
reconvene the public meeting. The motion was seconded by Council Member Wood. Motion
was approved 7 - O. (Clerk's Note: Executive session concluded at 8:52 p.m.)
MOTION: Council Member Lnenicka made a motion to approve a disposition for the alcoholic
beverage violation at U. S. Cafe at 4499 South Cobb Drive for Edward E. Perkins, agent, to
include a one year probation for the alcoholic beverage sales license for the establishment.
Council Member Lnenicka stated an additional condition of the disposition will be a requirement
for servers at U.S. cafe to obtain proper identification from all persons attempting to purchase
alcoholic beverages there during the probationary period. Motion was seconded by Council
Member Wood. Motion was approved 7 - O.
ADJOURNMENT:
With no further business, the meeting was adjourned at 8:54 p.m.
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Mav 12. 2005
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A. MAX BACON, MAYOR
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CHARLES PETE WOOD, WARD 7
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RON NEWCOMB, WARD 2
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AFFIDA VIT
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Personally appeared before the undersigned attesting officer, duly authorized to
administer oaths, Mayor A. Max Bacon, who after being duly sworn, deposes and on oath
states the following:
(1) I was the presiding officer of a meeting of the Mayor and Council held on the 12th
day of May, 2005.
(2) That it is my understanding that O.C.G.A. g50-14-4(b) provides as follows:
When any meeting of an agency is closed to the public pursuant to subsection (a)
of this Code section, the chairperson or other person presiding over such meeting
shall execute and file with the official minutes of the meeting a notarized affidavit
stating under oath that the subject matter of the meeting or the closed portion
thereof was devoted to matters within the exceptions provided by law and
identifying the specific relevant exception.
(3) The subject matter of the closed meeting or closed portion of the meeting held on
the 12th of May, 2005 which was closed for the purpose(s) of discussion onegal matters
as allowed by a.c.G.A., Title 50, Chapter 14, was devoted to matters within those
exceptions and as provided by law.
(4) This affidavit is being executed for the purpose of complying with the mandate of
O.C.G.A. g50-14-4(b) that such an affidavit be executed.
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This 12th
day of May, 2005.
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Mayor/Presiding Officer
Sworn to and subscribed before me
This 12th day of May, 2005.
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Re: El Va1u
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AFFIDA VIT
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Personally appeared before the undersigned attesting officer, duly authorized to
administer oaths, Mayor A. Max Bacon, who after being duly sworn, deposes and on oath
states the following:
(1) I was the presiding officer of a meeting of the Mayor and Council held on the 12th
day of May, 2005.
(2) That it is my understanding that O.C.G.A. S50-14-4(b) provides as follows:
When any meeting of an agency is closed to the public pursuant to subsection (a)
of this Code section, the chairperson or other person presiding over such meeting
shall execute and file with the official minutes of the meeting a notarized affidavit
stating under oath that the subject matter of the meeting or the closed portion
thereof was devoted to matters within the exceptions provided by law and
identifying the specific relevant exception.
(3) The subject matter of the closed meeting or closed portion of the meeting held on
the 12th of May, 2005 which was closed for the purpose(s) of discussion oflegal matters
as allowed by a.c.G.A., Title 50, Chapter 14, was devoted to matters within those
exceptions and as provided by law.
(4) This affidavit is being executed for the purpose of complying with the mandate of
O.C.G.A. S50-14-4(b) that such an affidavit be executed.
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day of May, 2005.
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Mayor/Presiding Officer
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This 12th
Sworn to and subscribed before me
This 12th day of May, 2005.
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Re: Howard's Deli
AFFIDA VIT
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Personally appeared before the undersigned attesting officer, duly authorized to
administer oaths, Mayor A. Max Bacon, who after being duly sworn, deposes and on oath
states the following:
(1) I was the presiding officer of a meeting of the Mayor and Council held on the 12th
day of May, 2005.
(2) That it is my understanding that a.c.G.A. S50-l4-4(b) provides as follows:
When any meeting of an agency is closed to the public pursuant to subsection (a)
of this Code section, the chairperson or other person presiding over such meeting
shall execute and file with the official minutes of the meeting a notarized affidavit
stating under oath that the subject matter of the meeting or the closed portion
thereof was devoted to matters within the exceptions provided by law and
identifying the specific relevant exception.
(3) The subject matter of the closed meeting or closed portion of the meeting held on
the 12th of May, 2005 which was closed for the purpose( s) of discussion of legal matters
as allowed by O.C.G.A., Title 50, Chapter 14, was devoted to matters within those
exceptions and as provided by law.
(4) This affidavit is being executed for the purpose of complying with the mandate of
O.c.G.A. S50-14-4(b) that such an affidavit be executed.
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This 12th
day of May, 2005.
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Mayor/Presiding Officer
Sworn to and subscribed before me
This 12th day of May, 2005.
No ary Public [C0!
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Re: Moe's Southwest Grill
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AFFIDA VIT
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Personally appeared before the undersigned attesting officer, duly authorized to
administer oaths, Mayor A. Max Bacon, who after being duly sworn, deposes and on oath
states the following:
(1) I was the presiding officer of a meeting of the Mayor and Council held on the 12th
day of May, 2005.
(2) That it is my understanding that a.c.G.A. S50-14-4(b) provides as follows:
When any meeting of an agency is closed to the public pursuant to subsection (a)
of this Code section, the chairperson or other person presiding over such meeting
shall execute and file with the official minutes of the meeting a notarized affidavit
stating under oath that the subject matter of the meeting or the closed portion
thereof was devoted to matters within the exceptions provided by law and
identifying the specific relevant exception.
(3) The subject matter of the closed meeting or closed portion of the meeting held on
the 12th of May, 2005 which was closed for the purpose(s) of discussion oflegal matters
as allowed by a.c.G.A., Title 50, Chapter 14, was devoted to matters within those
exceptions and as provided by law.
(4) This affidavit is being executed for the purpose of complying with the mandate of
a.C.G.A. S50-14-4(b) that such an affidavit be executed.
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This 12th
day of May, 2005.
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Mayor/Presiding Officer
This 12th day of May, 2005.
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Sworn to and subscribed before me
Re: U. S. Cafe
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