City Council

ALCOHOL CONTROL COMMISSION Monday, March 18, 2024 The Alcohol Control Commission met at 5:00 p.m. on this date in the City Commission Chambers of City Hall, 601 Broad Street. Billy Cooper, Steve VanMeter, Harold Morgan, Doug Phipps, Taylor McMichael, and Commissioner Robinson were present. Also present were Assistant Police Chief Rodney Bailey and Assistant City Attorney Sam Lucas. Minutes – February 19, 2024 The minutes of the February 19, 2024, meeting, as submitted in writing by the Secretary, were approved by unanimous consent. JD Food Mart, 1600 Shorter Ave. Unit F Ms. Dhrusya Puthiya Purayil, manager of JD Food Mart, 1600 Shorter Avenue, Unit F, was present and requested that a new beer package license be issued to her at that location. There was considerable difficulty in communicating with Ms. Purayil, due to her poor command of the English language. This convenience store is currently in operation and the request is to add beer package. Some of the standard questions were posed to Ms. Purayil regarding her hours of operation, number of employees, security cameras, and a training program. Ms. Purayil indicated that this facility is open seven days a week from 9:00 a.m. to 11:00 p.m. and there are approximately twelve security cameras with 14-day data storage. There did not appear to be a training program in place for the small number of employees (mostly family) employed at this establishment. An alcohol survey has not yet been submitted for this facility and there is a question regarding the required minimum distance between this establishment and the church located due east of this shopping plaza. Mr. Morgan moved to approve the beer package license as requested subject to the applicant meeting all City of Rome requirements including the submission of a proper alcohol survey indicating that this facility is at least 300 feet from the nearby church. The motion also stipulated that documentation must be submitted concerning the completion of an online alcohol training program by all persons working at this establishment. Mr. VanMeter seconded the motion, and the vote was unanimously in favor. Family Dollar, 1417 N Broad Street The application of Ms. Carol Wilson, representing Family Dollar #21139 located at 1417 N Broad Street, was presented. Ms. Wilson requests that a new beer and wine package license be issued to her at this existing location. Ms. Wilson explained that she is the manager of the Shorter Avenue Family Dollar, however the manager of this facility lives outside of Floyd County. Ms. Wilson is involved with the operation of both stores. 1 Ms. Wilson explained the training program that is in place for all employees. Each employee must pass the company alcohol training program on an annual basis. The hours of operation for this facility are 9:00 am. until 10:00 p.m. Monday through Saturday, and 9:00 a.m. to 9:00 p.m. on Sunday. There are 6 to 8 security cameras in place at this facility. Ms. Wilson further explained that any employee violating the company alcohol policy is terminated. Mr. VanMeter moved to approve the beer and wine package license as requested subject to the submission of training certification for all employees. Mr. Morgan seconded, and the vote was unanimously in favor. East Rome Food Mart, 107 E 12th Street The application of Ms. Nafissabanu Kalavant, operator of the East Rome Food Mart, 107 E 12th Street, was presented. Ms. Kalavant requested that a new beer and wine package license be issued to her at this location. Secretary Smith explained that a convenience store is currently in operation at this address and the applicant wishes to add beer and wine. Smith further stated that for many years this was the site of Mr. Poteete’s Alternator and Generator Shop. Ms. Kalavant explained that this facility is open seven days a week from 8:00 a.m. until midnight and has a total of three employees. While a camera system is not in place, they are looking for the most appropriate system for this facility and expect to have approximately twelve cameras active upon installation. Ms. Kalavant also stated that IDs are checked for all alcohol sales and a date of birth must be entered into their cash register system. Ms. McMichael moved to approve the request subject to submission of evidence of the completion of an online alcohol training program for all employees and the installation of a camera system within 30 days. Mr. Phipps seconded the motion, and the vote was unanimously in favor. Maple Food Mart, 2017 Maple Ave. An application is on file requesting that a new beer and wine package license be issued at this location. However, the applicant was not present at this meeting and no action was taken. This same application had appeared on the February ACC agenda and the applicant was not present at that meeting as well. Moratorium – COAMs and Vape Stores Secretary Smith reported that on February 26, 2024, the Rome City Commission adopted a moratorium which restricts the development of new convenience stores and the placement of new coin operated amusement machines or vape shops in the City of Rome. This moratorium is set to expire after 6 months in August 2024. The City Commission and County Commission will be discussing the options that are available for regulation of COAMs and the sale of vape products in the City of Rome and Floyd County. The State of Georgia does not allow local governments much authority regarding these devices, however there are possibly some local oversights that can be implemented. 2 License Hearing – Mi Tienda Food Mart, 611 Shorter Ave. Secretary Smith reported that this License Hearing was scheduled due to a report to the City of Rome that customers were consuming alcohol and smoking in the coin operated amusement machine area at this facility. This evidence was submitted to the City of Rome by Mr. Glen Rubin, Code Enforcement Officer with the Rome/Floyd Building Inspection Department. Assistant City Attorney Sam Lucas administered the oath to Mr. Glen Rubin of the Code Enforcement Department, Mr. Bipinchandra Vrindavandas Soni, licensee of Mi Tienda Food Mart, and Affan Arif. Mr. Rubin explained that his visit to Mi Tienda, 611 Shorter Avenue, was due to a concern regarding a light at that facility that was shining inappropriately towards traffic. When entering the business, Mr. Rubin immediately smelled a strong odor of cigarette smoke and saw at least one individual drinking and smoking in the coin operated amusement machine area. Mr. Rubin took pictures of that activity as well as pictures of the beer cooler indicating that the Modela beer being consumed by the individual was offered for sale at this establishment. Mr. Rubin further stated that he addressed the light issue as well as the alcohol consumption issue with the clerk on duty at that time. Secretary Smith reviewed the letter of notice that was personally delivered to Mi Tienda Food Mart regarding this Hearing. There was no question regarding the validity of the notice. Speaking on behalf of Mi Tienda was Mr. Affan Arif (unknown relation to the business operation). Mr. Arif spoke on behalf of the licensee explaining that the licensee was in India receiving knee surgery when this violation occurred. As a result of the violation, both the clerk on duty and the manager of this facility have been terminated. Mr. Arif spoke at length regarding this store, indicating that the security camera did not provide the clerk with a clear view of the coin operation amusement machines located in a separate room. He further stated that due to the bullet proof screen around the clerk, he was unable to smell the cigarette smoke. Mr. Arif placed the blame more on the manager than the clerk. He stated that on the day of the incident, the clerk was working at this establishment for the first time. He further stated that the clerk spoke little English and did not speak Spanish. Spanish customers are a significant portion of the clientele. Following the conclusion of testimony by both parties, the ACC members discussed this matter. Upon being questioned, Mr. Arif was unsure if the beer was purchased at this facility or if the gentleman playing the COAMs brought the beer in with him. The ACC members noted this violation was very similar to the violation that was discussed at the February ACC meeting. Mr. VanMeter moved to recommend to the City Commission that the beer package license at Mi Tienda, 611 Shorter Avenue, be suspended for a 60-day period and that a $2,000 monetary penalty be assessed. Mr. Phipps seconded the motion, and the vote was 3 unanimously in favor. Mr. Arif and the licensee were informed that this matter will go before the City Commission on Monday, March 25th and while an additional Hearing would not be held, the establishment is allowed to be present and make statements or ask questions. They were further notified that if the City Commission approves this penalty, the license suspension will be implemented immediately. Standard Drink Price – Food/Drink Ratio Calculation The ACC continued to discuss the concept introduced at a previous ACC meeting concerning the possibility of a standardized drink price for food/drink ratio calculations. Mr. Billy Newby of Newby Farm and Wine has suggested that this concept be considered. Secretary Smith recommended that if a standard price is implemented for the food/drink ratio calculation, that $5 per ounce be used. This would equate to $7.50 for a standard 1.5 ounce drink and $10 for a 2 ounce drink. Smith emphasized that the actual sales price of each drink will continue to be determined by each pouring outlet, and that pouring outlet would pay the corresponding 3% mixed drink tax on the actual drink price. The intention of this ordinance is to allow establishments that sell higher priced distilled spirits to not be at a disadvantage. For example: an establishment pouring a high-end bourbon at $30 per drink must sell a disproportionately high amount of food to offset the cost of that drink, whereas the same amount of alcohol sold at $10.00 would require a much lower volume of food sale. There was considerable discussion by the ACC members regarding this concept. Although there is no indication that other local governments are using such a standard pricing concept, this idea seems practical. Ms. McMichael moved to recommend approval of this ordinance amendment concerning the standardized drink price for the food/drink ratio calculation to the City Commission. Mr. VanMeter seconded, and the vote was unanimously in favor. Ready to Drink Canned Cocktails There was a brief discussion regarding products that are emerging onto the alcohol market which are “ready to drink” cocktails. While these cocktails contain less than 10% alcohol, they appear to be considered distilled spirits by the State of Georgia. If considered distilled spirits by the State of Georgia, a distilled spirit pouring license would be required. There was continued discussion regarding the relevance of that requirement since the alcohol content of these products is below the alcohol content of many craft beers, yet those products can be sold with only a beer pouring license. Police Report Rome Assistant Police Chief Rodney Bailey presented the report for the previous month. Mr. Bailey stated that Rome Police were called to 1416 N. Broad Street, North Broad Food Mart, concerning a complaint of persons drinking and “kids hanging out”. While 4 responding at this site, Rome Police observed a customer consuming alcohol in the coin operated amusement machine room. The police were not sure if the alcohol was purchased in the store or brough in by the customer. No citation was issued. As a result of this alleged violation, this establishment will be directed to appear at the Alcohol Control Commission at their April 15th meeting for a License Hearing concerning this alleged violation. Assistant Chief Bailey also reported that after receiving reports that alcohol is being sold to persons under 21 at the HopNShop, 301 Calhoun Avenue, police conducted an investigation. The underage agent attempted to buy both beer and tobacco (vape). The establishment did not sell beer to the person but did sell the vape product to a person under 21. There was discussion by the ACC members concerning what if any action the ACC should take regarding a tobacco violation. It was noted that the ACC has not, in the past, taken action for tobacco violations, only alcohol related violations. There was considerable discussion regarding this topic. Secretary Smith and Assistant Attorney Lucas agreed to investigate this and discuss it further with the ACC. Assistant Chief Bailey also reported that as a follow-up at Garden Lakes Food and Beverage the police did observe individuals smoking inside this facility. Garden Lakes Food and Beverage is currently serving a 60 day suspension for allowing alcohol consumption at their coin operated amusement machines. It is unclear if the State of Georgia does not allow convenience stores to declare themselves as smoking environments. It was noted that there is no indication on the entrance door of that establishment that it is a smoking environment. Adjourn With there being no further business, Chairman Cooper adjourned the meeting at 6:49 p.m. Joseph F. Smith City Clerk 5