City Council

December 4, 2017 STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. The City Council of the City of Athens, Alabama met in regular session at the Athens Municipal Building, 200 Hobbs Street West in the said City on November 27, 2017, at 5:30 p.m. The meeting was called to order by Councilman Harold Wales, President Pro Tem of the Council. Upon roll call, the following were found to be present: Councilmembers Frank Travis, Wayne Harper, Harold Wales and Joseph Cannon. Councilmember Chris Seibert was absent due to the death of his mother, Patti Seibert. Mayor Ronnie Marks led the Pledge of Allegiance. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Frank Travis offered the invocation. The Chairperson stated that a quorum was present and that the meeting was open for transaction of business. The Chairperson stated that the Minutes of November 27, 2017 City Council Meeting had been submitted for approval. Councilman Cannon moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Travis and was unanimously carried. The Chairperson stated that the Minutes of the November 27, 2017 City Council Work Session Meeting had been submitted for approval. Councilman Cannon moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Travis and was unanimously carried. Mayor Marks joined Parks and Recreation Director, Ben Wiley, in recognizing members of the 14U All Star Soccer Team and their coaches, Carlos Martinez and Francisco Vicente. Mayor Marks presented the team members and their coaches with certificates and t-shirts. The team recently won the State Soccer Championship and also earned the award for Best Sportsmanship. Councilman Cannon introduced a motion to table the following resolution until the January 8, 2018 regularly scheduled Council meeting: RESOLUTION NO. ____________ A RESOLUTION DECLARING A PUBLIC NUISANCE AT MAXIE ALLEN STREET AND ORDERING ITS ABATEMENT _______________________________________________ WHEREAS, the City of Athens is authorized by state law, including but not limited to § 11-67-60, et seq. and §11-47-117 of the Code of Alabama, to abate nuisances within the City, such as an abundance of weeds and vegetation that is injurious to the general public health, safety, and general welfare; WHEREAS, it has been brought to the attention of this City Council that weeds and vegetation located on certain property are injurious to the general public health, safety, and general welfare; WHEREAS, on June 26, 2017, this City Council adopted a resolution calling for a public hearing regarding this matter on August 28, 2017; WHEREAS, prior to the public hearing, the City caused notice of these proceedings to be issued (i) by certified mail to the owner of the property as the information appears on record in the office the Limestone County Revenue Commissioner; (ii) by publication in the Athens News Courier; and (iii) by posting two large signs at the property; WHEREAS, at the public hearing, this City Council received evidence concerning the conditions on the real property described herein; and WHEREAS, based upon such evidence, this City Council concludes that the condition of the real property is injurious to the general public health, safety, and general welfare by being unsightly and providing breeding grounds and shelter for rats, mice, snakes, mosquitoes, and other vermin, insects, or pests; attaining heights and dryness that constitute a serious fire threat and/or hazard; bearing wingy or downy seeds, when mature, that cause the spread of weeds and, when breathed, irritation to the throat, lungs, and eyes of the public; or hiding debris, such as broken glass or metal, that could inflict injury on a person going upon the property; being unsightly; and/or a growth of grass of weeds, other than ornamental plant growth, that exceeds 12 inches in height. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on August 28, 2017, at _____ p.m., as follows: 1. This resolution concerns certain real property located as follows: Tax Parcel #10-03-07-4-002-027.000, on Maxie Allen Street, Athens, Alabama. The Limestone County Revenue Commissioner shows the following legal description of the property: COM SE COR SEC 7 TH N 1680 W990 TO POB CONT W 100 S 10 W24 N 170 E 360 S 75 SWLY 115TO POB IN SEC 7 3 4N A map generally depicting the property is shown at Exhibit A hereto. 2. The weeds and vegetation on this property are hereby declared to be public nuisances subject to abatement by the City. The mature trees located on this property are expressly not included within this definition and are not declared to be nuisances. 3. It is hereby ordered that such offending conditions to be removed and abated. The Mayor is hereby authorized to cause municipal agents to enter upon said property to abate the nuisance. An account shall be kept of the cost of abating and removing the nuisance and a written account thereof shall be presented to the City Council for confirmation and further action. ADOPTED this the ____ day of ___________, 2017. ___________________________________________ CHRIS SEIBERT, CITY COUNCIL PRESIDENT  CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) LIMESTONE COUNTY ) I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of a Resolution duly adopted by the City Council of the City of Athens, Alabama, on the ____ day of _______, 2017. Witness my hand and seal of office this ___ day of __________________, 2017. ____________________________________ Annette Barnes, City Clerk EXHIBIT A Councilman Cannon introduced the following ordinance: ORDINANCE NO. 2017-2033 AN ORDINANCE CONCERNING VARIOUS AMENDMENTS TO THE ATHENS ALCOHOLIC BEVERAGE ORDINANCE AND THE SIDEWALK SALES ORDINANCE _____________________________________________________________________ WHEREAS, the City Council desires to amend various portions of the Athens Alcoholic Beverage Ordinance and the Sidewalk Sales Ordinance to (i) adjust the food/alcoholic beverage ratio for restaurants and similar establishments; (ii) establish regulations for brewpubs and taprooms; (iii) allow managers of certain public facilities to decide for themselves whether or not to allow alcoholic beverages; (iv) remove the classifications of specialty beverage stores and specialty wine and beer establishments; (v) allow regulated retail sale of alcoholic beverages during sidewalk dining; (vi) allow regulated retail sale of alcoholic beverages during festivals; (vii) bring various provisions into conformity with the new zoning ordinance; and (viii) make various other changes of smaller impact. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on December 4, 2017, at 5:30 p.m., as follows: Section 1. Section 6-33 of the Code of Ordinances of the City of Athens is hereby amended so that it states as follows: Sec. 6-33. - Definitions. Whenever used in this article, the definitions set forth in the Code of Ala. 1975, § 28-3-1 are hereby adopted by reference, and made a part hereof as if fully set forth herein. In addition thereto, the following terms shall have the meanings herein specifically ascribed to them: Adult-oriented businesses are those businesses defined as follows: (1) Adult bookstore, adult novelty store, or adult video store means a commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following: a. Books, magazines, periodicals or other printed matter; photographs; compact discs; floppy diskettes; films; motion pictures; video cassettes, slides or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and b. Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.  An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing specified sexual activities or specified anatomical areas, and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities. (2) Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly features: a. Persons who appear nude or in a state of nudity or seminudity; b. Live performances which are characterized by the performance of specified sexual activities or exposure of specified anatomical areas; or c. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. (3) Adult theater means: a. A commercial establishment where films, motion pictures, video cassettes, slides or other similar photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas are regularly shown or offered to be shown to patrons; or b. A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or seminude, or live performances which are characterized by exposure of specified anatomical areas or specified sexual activities. Association means a partnership, limited partnership, limited liability company (LLC), or any form of unincorporated enterprise. Bartender/server means an employee of a retail alcoholic beverage licensee who is directly involved with the opening, mixing, dispensing, serving, or final sale of alcoholic beverages to a customer of the licensed establishment. Bed and Breakfast establishment means an establishment that satisfies the requirements for a bed and breakfast under the City’s zoning ordinance. Brewpub means an establishment that has been issued a brewpub license from the Alcoholic Beverage Control Board pursuant to §28-4A-1, et seq. of the Code of Alabama, manufactures/brews beer, sells it for on- premises consumption (and for off-premises consumption to the extent permitted by state law), and that also meets the following requirements: (1) A diversified selection of food is offered for sale for consumption on the premises in which the establishment is located; (2) At least one meal per day shall be served for each day open; (3) During any 90-day period, the gross receipts from the retail sale of meals and food shall constitute at least forty percent (40%) of the total combined gross receipts of the business’ retail sale of meals/food and for the retail sale of alcoholic beverages for on-site consumption. The licensee of such establishment shall maintain separate cash register receipts, one for meals/food and one for the sale of alcoholic beverages for on-site consumption. In addition, the licensee for such establishment shall maintain all invoices for the purchases of food and all types of alcoholic beverages and shall preserve such records for not less than three years. All such records shall be available for inspection and audit at the licensee's premises within the city during regular business hours as the city clerk-treasurer, or duly authorized representative, may request; and (4) Any sales or consumption of alcoholic beverages on the premises that are not within an enclosed structure may be in an area that is: (i) adjacent to the structure wherein the sale is provided; and (ii) divided from the area's exterior by a fence, barricade, or other obstacle. To the extent required by state law, the City designates areas in which brewpubs are permitted to be located by this Article and the Zoning Ordinance of the City to be suitable areas for such location pursuant to § 28-4A-2 of the Code of Alabama. Business license means a business license issued by the city pursuant to chapter 18 of the Code. Child development facility means any child development program or club that promotes extended educational services that is funded partially or completely by federal, state, or local government revenue (i.e., Head Start Programs, Boys & Girls Club, etc.). The definition of "child development facility" shall also include any day care center licensed by the Alabama Department of Human Resources. Church building means a structure set apart by a church primarily for use for purposes of public worship, whose sanctuary is tax exempt under the laws of this state, and in which religious services are held and with which a clergyman is associated, and the entire structure is kept for that use and not put to any other use inconsistent therewith. City alcohol license fee, license fee or license tax means a fee charged by the city to a person that has been granted approval by the state alcoholic beverage control board for the privilege of selling alcoholic beverage within the city limits as herein enumerated and defined. Committee and city alcohol license review committee mean the city clerk-treasurer, or designated representative; the chief of police, or designated representative; the fire chief, or designated representative; the city planner, or designated representative: and three other members to be appointed by the city council. Container means the single bottle, can, keg, bag or other receptacle, in which alcoholic beverages are packaged and sealed for the market by the retailer, manufacturer or importer, and from which the alcoholic beverage is consumed by or dispensed to the public. Convenience store means an establishment that sells convenience items, snacks, grocery items, gasoline, and other motor fuels. No more than 25 percent of the floor space, excluding coolers and dry storage area, is dedicated to the public display of alcoholic beverages. Engaged in business means a person shall be deemed engaged in business within the corporate limits if that person has a fixed place of business within the corporate limits, or is, pursuant to agreement of sale, expressed or implied, that person delivers any alcoholic beverage, beer or wine within the corporate limits, or if that person performs, within the corporate limits, any act authorized to be done only by the holder of any license issued by the state alcoholic beverage control board. Fixed place of business means any place where any alcoholic beverage, wine or beer is kept or stored for sale or delivery. Grocery store means a retail establishment whose primary function is the sale of packaged or unprepared food and grocery items for consumption off the premises and whose annual gross sales of alcoholic beverages do not exceed ten percent of its total gross sales and whose floor space is at least 10,000 square feet. Hotel means an establishment engaged in the business of renting or furnishing any room or rooms or lodgings to transients in any hotel, motel, or inn, in which twenty (20) or more rooms or lodging are regularly furnished to transients for a consideration.  License means a license for the sale of alcoholic beverages issued by the state alcoholic beverage control board Licensee means any person holding a license. Manager means an employee of a retail alcoholic beverage licensee who is given the responsibility and authority by the licensee to direct the operation of the licensed establishment, either solely or in conjunction with other similarly designated employees, by directing the activities of other employees of the licensed establishment. Such direction could include, but not be limited to, such responsibilities as assignment of employee tasks, scheduling of employee hours, evaluation of employee performance, and employee hiring or discipline. Meal means a diversified selection of food some of which is not capable of being consumed in the absence of at least some articles of tableware and which cannot be conveniently consumed while one is standing or walking about. Merchandise store with incidental table wine sales means an establishment principally operated for the sale of apparel, home decor, art, jewelry, antiques, or specialty gift merchandise, and that also offers the sale of a diversified selection of both domestic and imported table wine, but not beer or liquor, in unopened containers for off-site consumption. Such establishments may apply for a license for retail table wine for off-premises consumption. The sale of alcoholic beverages shall be no more than ten percent of its gross annual sales, and no more than 15 percent of the public floor space may be dedicated to the public display of alcoholic beverages. In addition, the owner of a merchandise store with incidental table wine sales may apply with the city for an on-premises wine license for the purpose of offering up to two wine tastings per month of their product. With respect to these tastings, no alcohol shall be served free of charge. In such case, the establishment may also apply for a retail table wine license for on-premises consumption. Open container means a container containing alcoholic beverages which has been opened or unsealed subsequent to filling and sealing by the retailer, manufacturer or importer. Person means a natural person, association of natural person, partnership, corporation or other legal entity. Whenever used in a provision prescribing a fine or imprisonment, the term "person" shall mean the partners, members, directors or officers of any partnership, association, corporation or other legal entity. Person in charge (PIC) means a person, whether owner, partner, officer, or employee of the licensee, who is designated by the licensee as a responsible party for the licensee in ensuring compliance with the law and regulations of the Code of Alabama, state alcoholic beverage control board, and the ordinances of the city as apply to the operation of a business having retail sales of alcoholic beverages. Public place means any: (1) School building or school property, (2) Public library, (3) Public park, (4) Outdoor recreational area regularly held open to the general public, and (5) Athletic facility/field regularly held open to the general public. Public place shall also mean, unless such premises is being used for a private gathering or such premises is otherwise licensed for the sale of alcoholic beverages, any theater, auditorium, skating rink, dance hall, or other place of amusement. Restaurant means a reputable place licensed as a restaurant, operated by a responsible person of good reputation, in which a diversified selection of food, refreshments and alcoholic beverages are offered for sale for consumption on the premises in which the establishment is located, and which meets the following requirements:  1) Said dining room shall be equipped with tables and chairs accommodating a number of persons meeting with all the adopted building code occupancy requirements. A Restaurant shall be deemed a “Class II Restaurant” where it has a dining space of less than 1,000 square feet. Otherwise, the restaurant shall be deemed a “Class I Restaurant”; 2) A kitchen separate and apart from said dining area, but adjoining the same, in which food is prepared for consumption by the public and in which the food or meals served in said dining area are prepared; 3) At least one meal per day shall be served for each day open (except in the case of an establishment presenting a minimum of nine-hole golf course, public or private); 4) The serving of food or meals shall constitute the principal business of such establishments, with the serving of liquor, malted or brewed beverages, wines or other alcoholic beverages being only an incidental part of the business. During any 90-day period, the gross receipts from the serving of meals and food shall constitute at least forty percent (40%) of the total gross receipts of the business (except in the case of an establishment presenting a minimum of nine-hole golf course, public or private, who may also sell food and alcoholic beverages on the golf course, in which case the percentage shall be twenty percent (20%)). The licensee of such establishment shall maintain separate cash register receipts, one for food and one for alcoholic beverages. In addition, the licensee for such establishment shall maintain all invoices for the purchases of food and all types of alcoholic beverages and shall preserve such records for not less than three years. All such records shall be available for inspection and audit at the licensee's premises within the city during regular business hours as the city clerk-treasurer or duly authorized representative, may request; and 5) Any sales or consumption of alcoholic beverages on the premises that are not within an enclosed structure may be in an area that is: a) Adjacent to the structure wherein the sale is provided; and b) Divided from the area's exterior by a fence, barricade, or other obstacle. School means a state accredited public or private elementary, intermediate, middle, junior high or senior high school. Seminude means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part. Specified anatomical areas, as used in this chapter, means and includes any of the following: (1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities, as used in this chapter, means and includes any of the following: (1) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; (2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; (3) Masturbation, actual or simulated; (4) Human genitals in a state of sexual stimulation, arousal or tumescence; or  (5) Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (4). Taproom means an establishment that has been issued a manufacturer license from the Alcoholic Beverage Control Board, that sells alcoholic beverages at retail for consumption on the premises where they are manufactured (and for off-premises consumption in limited amounts) pursuant to §28-3A-6 (h) of the Code of Alabama, and which meets the following requirements: (1) A diversified selection of food is offered for sale for consumption on the premises in which the establishment is located; (2) At least one meal per day shall be served for each day open; (3) During any 90-day period, the gross receipts from the retail sale of meals and food shall constitute at least forty percent (40%) of the total combined gross receipts of the business’ retail sale of meals/food and for the retail sale of alcoholic beverages for on-site consumption. The licensee of such establishment shall maintain separate cash register receipts, one for meals/food and one for the sale of alcoholic beverages for on-site consumption. In addition, the licensee for such establishment shall maintain all invoices for the purchases of food and all types of alcoholic beverages and shall preserve such records for not less than three years. All such records shall be available for inspection and audit at the licensee's premises within the city during regular business hours as the city clerk-treasurer, or duly authorized representative, may request; and (4) Any sales or consumption of alcoholic beverages on the premises that are not within an enclosed structure may be in an area that is: (i) adjacent to the structure wherein the sale is provided; and (ii) divided from the area's exterior by a fence, barricade, or other obstacle. Unopened container means a container containing alcoholic beverages which has not been opened or unsealed subsequent to filling and sealing by the retailer, manufacturer or importer. ______________________________________________________________________________ Section 2. Section 6-34 of the Code of Ordinances of the City of Athens is hereby amended so that it states as follows: Sec. 6-34. - Restriction of locations and manner of sale. (a) Types of businesses allowed to sell alcoholic beverages at retail for on-premises consumption. In addition to all other regulations and restrictions, no establishment in the city may be authorized for the retail sale of alcoholic beverages for consumption on the premises, except for the following: (1) Restaurants; (2) Hotels; (3) Bed and Breakfast establishments, serving alcoholic beverages to overnight guests; (3) Merchandise store with incidental table wine sales, in connection with its wine tastings; (4) Brewpubs; (5) Taprooms; (6) Persons holding a special events retail license for on-premises consumption; and (7) Clubs holding a club liquor retail license from the state alcoholic beverage control board. (b) Types of businesses allowed to sell beer/wine for off-premises consumption. In addition to all other regulations and restrictions, no licensee in the city with a license issued by the state alcoholic beverage control board for:  (1) Retail table wine license for off-premises consumption; (2) Retail table wine license for on-premises and off-premises consumption; (3) Retail beer for on-premises and off-premises consumption; (4) Retail beer for off-premises consumption; (5) A manufacturer license; and/or (6) A brewpub license. shall be permitted to sell beer and wine for off-premises consumption unless the same is a convenience store, grocery store, a merchandise store with incidental table wine sales, a brewpub, a taproom, or a restaurant in the case of sales pursuant to Ala. Code § 28-3A-20.1.. (c) Limits of types of businesses allowed to sell alcoholic beverages in a Traditional Zone. In addition to all other regulations and restrictions, no facility or property located in a Traditional Zone shall be authorized for the retail sale of alcoholic beverages, whether for on-premises or off-premises consumption, except for the following: (1) Restaurants that sell alcoholic beverages for only on-premises consumption (except for sales for off- premises consumption pursuant to Ala. Code § 28-3A-20.1); (2) Convenience stores that sell beer and/or table wine for only off-premises consumption; (3) Grocery stores that sell beer and/or table wine for only off-premises consumption; (4) Merchandise store with incidental table wine sales; (5) Brewpubs; (6) Taprooms; (7) Bed and Breakfast establishments, serving alcoholic beverages for only on-premises consumption by overnight guests; and (8) Persons holding a special events retail license for on-premises consumption. (d) Restrictions on clubs. No club may sell alcoholic beverages except for consumption on the club’s licensed premises. In addition to all other regulations and restrictions, no club in a residential zone or in a planned development district shall be authorized for the sale of alcoholic beverages for on-premises consumption unless the same has been approved as a Special Exception by the Zoning Board of Adjustment, as may be required by the Athens Zoning Ordinance. (e) Distance limitations for alcohol sales. In addition to all other regulations and restrictions, and subject to exceptions contained in this section, no facility or property shall be authorized for on-premises sale or off- premises sale of alcoholic beverages where the facility or property is less than 500 feet from any church building, public or private elementary, intermediate, middle or junior high, high school or child development facility. (1) The aforesaid distance restriction in this section shall not apply in the following enumerated cases: a. Where the facility or property is located in a Traditional Zone, and the facade on the lot frontage of the facility or property (or the closest point of any area of the facility or property licensed for the sale of alcoholic beverages that is not within a fully-enclosed structure, if closer) is not less than 50 feet from the church building, school, or child development facility. b. Where: 1. The facility or property is separated from the church building, school, or child development facility by a street or highway having four or more traffic lanes, not including any lanes that are turning lanes, service lanes, and/or hazard lanes,  2. At least four of the traffic lanes that separate the licensed premises from the church building, school, or child development facility extend continuously and together for more than one mile before any one of the lanes terminates or becomes a turning lane, service lane, and/or hazard lane, and 3. The minimum distance between the licensed premises and the church building, school, or child development facility building is at least 200 feet; c. Where the church building, school, or child development facility was established after the licensed premises began operation and said operation has not been abandoned or discontinued for a period of 12 months; or d. Where the establishment upon the facility or property is a grocery store as defined herein. (2) When measuring from a church building, school, or child development facility, the closest exterior wall of the church building or the closest building in the school or child development facility complex wherein an essential function or activity of the school or child development facility is carried on shall constitute the beginning point for measurement. When measuring from the facility or property, the closest point on the exterior wall of the building occupied by the person seeking to sell alcoholic beverages (or, if closer, the closest point of the area licensed for the sale of alcoholic beverages) shall be used for measurement purposes if the building is occupied solely by that person; otherwise, such measurement shall be made from the closest point of the person's occupancy within the building in question (or, if closer, the closest point of the area licensed for the sale of alcoholic beverages). The method of measurement is a straight line from the aforementioned defined points. (3) In instances where the council has delegated the authority to make such a determination to an agent, any person aggrieved by the decision of the agent may appeal the agent's decision to the council. Such an appeal must be filed in writing within ten days of the date of the agent's decision and must specify the details of the reason for the appeal. The council shall hold a public hearing on such appeal at its next regularly scheduled meeting which is at least 14 days after the appeal is received by the clerk. The aggrieved party shall have the right to address the council and present any relevant evidence and testimony at said hearing. The decision of the council shall be final. (f) Additional Restrictions on the sale of retail liquor for off-premises consumption. (1) In addition to all other regulations and restrictions, except in the case of taprooms, no facility or property shall be authorized for the sale of retail liquor for off-premises consumption unless it (i) is situated in a B-2 zone and (ii) is situated on a lot that fronts a major arterial roadway, as classified in the adopted Athens Transportation Plan (ATP). (2) In addition to all other regulations and restrictions, except in the case of taprooms, no facility or property shall be authorized for the sale of retail liquor for off-premises consumption where the facility or property unless it is more than 1,000 feet from another facility or property that (i) has previously been authorized for the sale of retail liquor for off-premises consumption and (ii) is currently licensed for the sale of retail liquor for off-premises consumption. When measuring from these facilities or properties, the closest point on the exterior wall of the buildings occupied by the persons selling or seeking to sell alcoholic beverages shall be used for measurement purposes. If a building is not solely occupied by that person, then the measurement shall be made from the closest point of that person's occupancy within the building in question. The method of measurement is a straight line from the aforementioned defined points. A state liquor store (i.e., a store operated by the Alabama Alcoholic Beverage Control Board which offers the retail sale of liquors for off-premises consumption) shall not be construed as "another facility or property" pursuant to this subsection. (3) In addition to all other regulations and restrictions, and subject to exceptions contained in this subsection, no facility or property shall be authorized for the sale of retail liquor for off-premises  consumption unless the building in which the premises is located is more than 1,000 feet from any church building, public or private elementary, intermediate, middle or junior high, high school, or child development facility. The method of measurement shall be the same method as found in section 6-34(e)(2). The aforesaid distance restriction in this subsection shall not apply where (i) the premises is separated from the church building, school, or child development facility by a street or highway having four or more traffic lanes, not including any lanes that are turning lanes, service lanes, and/or hazard lanes, (ii) at least four of the traffic lanes that separate the premises from the church building, school, or child development facility extend continuously and together for more than one mile before any one of the lanes terminates or becomes a turning lane, service lane, and/or hazard lane, and (iii) the minimum distance between the premises and the church building, school, or child development facility building is at least 500 feet. The aforesaid distance restriction in this subsection shall also not apply where the facility or property is a grocery store as defined herein, or where the church building, school, or child development facility was established after the licensed premises began operation and said operation has not been abandoned or discontinued for a period of 12 months. (4) In instances where the council has delegated the authority to make the determinations in (2) and (3) above to an agent, any person aggrieved by the decision of the agent may appeal the agent's decision to the council. Such an appeal must be filed in writing within ten days of the date of the agent's decision and must specify the details of the reason for the appeal. The council shall hold a public hearing on such appeal at its next regularly scheduled meeting which is at least 14 days after the appeal is received by the clerk. The aggrieved party shall have the right to address the council and present any relevant evidence and testimony at said hearing. The decision of the council shall be final. ______________________________________________________________________________ Section 3. Section 6-35 of the Code of Ordinances of the City of Athens is hereby amended so that it states as follows: Sec. 6-35. - Maintenance of order; report of violation. It shall be the duty of each licensee and of each manager or supervisor at any time charged with the management and supervision of any licensed establishment, while the same are open to the public, to maintain order upon the premises and to exclude from the premises any person who is drunk and disorderly or who commits any breach of the peace, or who uses or engages in offensive, disorderly, threatening, abusive or insulting language, conduct or behavior with the intent to provoke a breach of the peace, or whereby a breach of the peace might be occasioned. It shall be the duty of each officer, licensee, manager, or person-in-charge of any licensed establishment, immediately to make an appropriate report to the police department of the city of each assault, assault and battery or affray, occurring on the licensed premises while said premises are open for business. It shall further be the duty of said person to make a written report of each of said incidents to the police department of the city and to the local field office of the alcoholic beverage control board within 36 hours thereof. ______________________________________________________________________________ Section 4. Section 6-36 of the Code of Ordinances of the City of Athens is hereby amended so that it states as follows: Sec. 6-36. - Offenses in public. (a) Except in the case of alcoholic beverages that are sold, served or consumed within a licensed area on or along a sidewalk or public way subject to a sidewalk dining permit under Section 74-81 or permitted pursuant to Section 6-47, it shall be unlawful for any person to drink, sell, serve, dispense or give away, or attempt to drink, sell, serve or give away, any liquor, wine or malt or brewed beverages, while upon any street, alley, sidewalk, public easement, rights-of-way, parking lots designed for use by the general public, or while in any public place in the city. (b) It shall be unlawful for patrons, customers, invitees or guests to bring alcoholic beverages onto premises licensed to do business by the city, whether or not the business is licensed to sell or furnish alcohol, except in the case of private gatherings. ______________________________________________________________________________ Section 5. Section 6-43 of the Code of Ordinances of the City of Athens is hereby amended so that it states as follows: Sec. 6-43. - Open containers. It shall be unlawful for any person to or allow another person to: (1) Possess, consume or otherwise use any open container containing alcoholic beverages while upon or along any public place, street, road or highway in the city, except in the case of alcoholic beverages that are sold, served or consumed within a licensed area on or along a sidewalk or public way subject to a sidewalk dining permit under Section 74-81 or permitted pursuant to Section 6-47. (2) Possess or use any alcoholic beverages at any public park, municipal playground, municipal recreation facility, school playground, school stadium, or school recreational facility. ______________________________________________________________________________ Section 6. Section 6-47 of the Code of Ordinances of the City of Athens is hereby amended so that it states as follows: Sec. 6-47. – Special Authorization for Sale of Alcoholic Beverages at Festivals on Portions of Sidewalk or Public Ways. The City Council may authorize and permit licensees with a Special Event Retail License in a Downtown zone to sell alcoholic beverages for on-premises consumption on or along a portion of a sidewalk, street or public way, upon such conditions as the City Council may prescribe, where (i) the license relates to a festival event, entertainment event, or other recreational event where members of the general public may attend, (ii) the activity is authorized by a special event permit issued pursuant to Section 54-31 through 54-71, (iii) the licensed area is surrounded by a non- permanent barrier or fencing clearly delineating the borders of the licensed area during such event (where not bordered by permanent improvements), (iv) alcoholic beverages served or consumed by patrons on the licensed area shall not be in glass containers, and (v) the licensee has made adequate provision for security at the event. ______________________________________________________________________________ Section 7. Section 6-79(a) of the Code of Ordinances of the City of Athens is hereby amended so that it states as follows: Sec. 6-79. - City alcohol license fees. (a) Each person licensed by the state alcoholic beverage control board, who shall engage in the alcoholic beverage, liquor, beer or wine business within the corporate limits, prior to engaging in such business shall pay to the city, for the privilege of so engaging in business, city alcohol license fees, including an annual privilege/ license fee and further privilege/license fees as established below: (1) Beer wholesale license. Each person licensed as a beer wholesaler under the Alcoholic Beverage Licensing Code (Code of Ala. 1975, § 28-3A-1 et seq.) shall pay to the city an annual license fee of 50 percent of the amount charged for state beer license by the state. In addition, each licensee will remit to the city clerk-treasurer, on forms provided by such clerk-treasurer, each month, the privilege or excise tax levied on the sales of beer by Code of Ala. 1975, title 28, ch. 3, art. 5B (Code of Ala. 1975, § 28-3- 190 et seq.). Wholesale beer dealers and distributors will not sell to any retail outlet that is in violation of this article. (2) Wine wholesaler license. Each person licensed by the state alcoholic beverage control board as a wine wholesaler under the Alcoholic Beverage Licensing Code (Code of Ala. 1975, § 28-3A-1 et seq.) shall pay to the city an annual license fee of 50 percent of the amount charged for state wine license by the state. In addition, each licensee will remit to the city clerk-treasurer, on forms provided by such clerk-treasurer, each month, the privilege or excise tax levied on the sales of table wine by the Alabama Table Wine Act (Code of Ala. 1975, § 28-7-1 et seq.). Wholesale wine dealers will not sell to any retail outlet that is in violation of this Article. (3) Beer and wine wholesale license. Each person licensed as a beer and wine wholesaler under the Alcoholic Beverage Licensing Code (Code of Ala. 1975, § 28-3A-1 et seq.) shall pay to the city an annual license fee of 50 percent of the amount charged for state wine and beer license by the state. In addition, each licensee will remit to the city clerk-treasurer, on forms provided by such clerk-treasurer, each month, the privilege or excise tax levied on the sales of beer by Code of Ala. 1975, title 28, ch. 3, art. 5B (Code of Ala. 1975, § 28-3-190 et seq.). In addition, each licensee will remit to the city clerk- treasurer, on forms provided by such clerk-treasurer, each month, the privilege or excise tax levied on the sales of table wine by the Alabama Table Wine Act. Wholesale beer and wine dealers will not sell to any retail outlet that is in violation of this Article. (4) Warehouse license. Each person licensed by the state alcoholic beverage control board to receive, store or warehouse alcoholic beverages within the state for transshipment inside and outside the state shall pay to the city an annual license fee of $500.00. (5) Club retail liquor license. Each person licensed by the state alcoholic beverage control board to operate a club, class I or II, under the Alcoholic Beverage Licensing Code (Code of Ala. 1975, § 28-3A- 1 et seq.) shall pay to the city an annual license fee of $1,500.00 if a class I club, and $2,000.00 for a class II club. In addition, to said stated license fee, each person shall pay to the city, on or before the 15th day of the next calendar month, for the privilege of having engaged in such business in the subject month, an additional license tax of 15 percent of gross receipts of such business derived from the sale of all alcoholic beverages, except beer and table wine, received during such subject calendar month. (6) Lounge retail liquor license (class I). Each person licensed by the state alcoholic beverage control board to operate a class I lounge retail liquor license under the Alcoholic Beverage Licensing Code (Code of Ala. 1975, § 28-3A-1, et seq.) shall pay to the city an annual license fee of $2,000.00. In addition to said stated license fee, each person shall pay to the city, on or before the 15th day of the next calendar month, for the privilege of having engaged in such business in the subject month, an additional license tax of 15 percent of gross receipts of such business derived from the sale of all alcoholic beverages, except beer and table wine, received during such subject calendar month. (7) Lounge retail liquor license (class II). Each person licensed by the state alcoholic beverage control board to operate a class II lounge retail liquor license (which includes, but is not limited to, private package stores with such license) under the Alcoholic Beverage Licensing Code (Code of Ala. 1975, § 28-3A-1, et seq.) shall pay to the city an annual license fee of $2,000.00. In addition to said stated license fee, each person shall pay to the city, on or before the 15th day of the next calendar month, for the privilege of having engaged in such business in the subject month, an additional license tax of 15 percent of gross receipts of such business derived from the sale of all alcoholic beverages, except beer and table wine, received during such subject calendar month. (8) Restaurant retail liquor license. Each person licensed by the state alcoholic beverage control board to sell alcoholic beverages in connection with a restaurant retail liquor license under the Alcoholic Beverage Licensing Code (Code of Ala. 1975, § 28-3A-1 et seq.) shall pay to the city an annual privilege license fee of $1,500.00 if the establishment is a class I restaurant, or in the case of a class II restaurant, in the amount of $750.00. In addition to the stated license fee, each such person shall pay to the city, on or before the 15th day of the next calendar month, for the privilege of so engaging in such business in the subject month, an additional license tax of 15 percent of the monthly gross receipts of such business derived from the sale of all alcoholic beverages, except beer and table wine, received during such subject calendar month. (9) Retail table wine license for off-premises consumption. Each person licensed by the state alcoholic beverage control board to sell table wine for off-premises consumption under the Alcoholic Beverage Licensing Code (Code of Ala. 1975, § 28-3A-1 et seq.) shall pay to the city an annual license fee of 50 percent of the amount charged for state wine license by the state. (10) Retail table wine license for on-premises and off-premises consumption. Each person licensed by the state alcoholic beverage control board to sell table wine at retail for on-premises and off-premises consumption under the Alcoholic Beverage Licensing Code (Code of Ala. 1975, § 28-3A-1 et seq.) shall pay to the city an annual license fee of 50 percent of the amount charged for state wine license by the state, unless such person shall have paid for an on-premises liquor license. (11) Retail beer for on-premises and off-premises consumption. Each person licensed by the state alcoholic beverage control board to sell beer for on-premises and off-premises consumption under the Alcoholic Beverage Licensing Code (Code of Ala. 1975, § 28-3A-1 et seq.) shall pay to the city an annual license fee of 50 percent of the amount charged for state beer license by the state. (12) Retail beer for off-premises consumption. Each person licensed by the state alcoholic beverage control board to sell beer for off-premises consumption under the Alcoholic Beverage Licensing Code (Code of Ala. 1975, § 28-3A-1 et seq.) shall pay to the city an annual license fee of 50 percent of the amount charged for state beer license by the state. (13) Special retail liquor license for on-premises consumption. Each person who has obtained a special retail liquor license from the state alcoholic beverage control board under the Alcoholic Beverage Licensing Code (Code of Ala. 1975, § 28-3A-1 et seq.) shall pay to the city a license fee of $250.00 when the period of use is 30 days or less. Such person shall pay to the city a license fee of $350.00 when the period of use is more than 30 days. In addition to said stated license fee, each such person shall pay to the city 50 percent of the amount charged for state wine license by the state. In addition to the stated license fee, each such person shall pay to the city, on or before the 15th day of the next calendar month, for the privilege of so engaging in such business in the subject month, an additional license tax of 15 percent of the monthly gross receipts derived from the sale of all alcoholic beverages, except beer and table wine, received during such subject calendar month. (14) Special events retail license for on-premises consumption. Each person who has been recommended by the city and obtained a special events retail liquor license from the state alcoholic beverage control board under the alcoholic beverage licensing code (Code of Ala. 1975, § 28-3A-1 et seq., as amended) shall pay to the city a license fee of $200.00. In addition to the stated license fee, each such person shall pay to the city, on or before the 15th day of the next calendar month, for the privilege of so engaging in such business in the subject month, an additional license tax of 15 percent of the monthly gross receipts derived from the sale of all alcoholic beverages, except beer and table wine, received during such subject calendar month. (15) Manufacturer license. Each person who has obtained a manufacturer license from the state alcoholic beverage control board under the Alcoholic Beverage Licensing Code (Code of Ala. 1975, § 28-3A-1 et seq.) shall pay to the city an annual license fee of $350.00. In addition to the stated license fee, each such person shall pay to the city, on or before the 15th day of the next calendar month, for the privilege of so engaging in such business in the subject month, an additional license tax of 15 percent of the monthly gross receipts of such business derived from the retail sale of all alcoholic beverages received during such subject calendar month, except for beer and table wine. (16) Importer license. Each person who has obtained an importer license from the state alcoholic beverage control board under the Alcoholic Beverage Licensing Code (Code of Ala. 1975, § 28-3A-1 et seq.) shall pay to the city an annual license fee of $350.00. (17) Liquor wholesale license. Each person who has obtained a liquor wholesale license from the state alcoholic beverage control board under Code of Ala. 1975, § 28-3A-1 et seq. shall pay to the city an annual license fee of $750.00. (18) Brewpub license. Each person licensed by the state alcoholic beverage control board to sell alcoholic beverages in connection with a brewpub license under the Alcoholic Beverage Licensing Code (Code of Ala. 1975, § 28-3A-1 et seq.) shall pay to the city an annual privilege license fee of $750.00. In  addition to the stated license fee, each such person shall pay to the city, on or before the 15th day of the next calendar month, for the privilege of so engaging in such business in the subject month, an additional license tax of 15 percent of the monthly gross receipts of such business derived from the retail sale of all alcoholic beverages received during such subject calendar month, except for beer and table wine. ______________________________________________________________________ Section 8. Section 6-82 of the Code of Ordinances of the City of Athens is hereby amended so that it states as follows: Sec. 6-82. - Special events retail license. All applications relating to special event retail licenses shall be filed with the city clerk at least 25 days in advance of the event for which a license is sought. An applicant for a special event retail liquor license must receive the approval of the city council pursuant to section 6-71 (and applicable provisions referenced thereby, including review and recommendation by the city alcohol license review committee). However, in the case of an applicant for a special event retail liquor license (i) an applicant shall not be required to deliver the bond discussed in section 6-46, (ii) a background check with the Alabama Bureau of Investigation shall not be required, and (iii) section 6-76 shall not apply. ______________________________________________________________________________ Section 9. Section 6-83 of the Code of Ordinances of the City of Athens is hereby amended so that it states as follows: Sec. 6-83. - Sale of draft or keg beer. (a) The sale of draft or keg beer or malt beverages for on-premises consumption by those retail licensees otherwise permitted to sell beer for on-premises consumption is authorized subject to subsection (c), below. (b) The sale of draft or keg beer or malt beverages for off-premises consumption by retail licensees otherwise permitted to sell beer for off-premises consumption is authorized, subject to subsection (c) below. (c) All ordinances and resolutions relating to the sale, consumption, and possession of bottled or canned beer shall apply to the sale, consumption, and possession of draft or keg beer or malt beverages. ____________________________________________________________________________ Section 10. Section 6-111 of the Code of Ordinances of the City of Athens is hereby amended so that it states as follows: Sec. 6-111. - Source of funds. All funds received by and payable to the city that are derived from the following sources are hereby appropriated and allocated as described in section 6-112: (1) ABC store sales taxes; (2) ABC store profitability share; (3) All taxes on liquor, wine, and/or beer collected pursuant to the Code of Alabama, 1975; and (4) Any and all fees set forth in section 6-79(a), less and except the following: a. The annual license fee provided for in section 6-79(a)(1); b. The annual license fee provided for in section 6-79(a)(2);  c. The annual license fee provided for in section 6-79(a)(3); d. The fixed annual license fee of $500.00 provided for in section 6-79(a)(4); e. The fixed annual license fee of $1,500.00 or $2,000.00 provided for in section 6-79(a)(5); f. The fixed annual license fee of $2,000.00 provided for in section 6-79(a)(6); g. The fixed annual license fee of $2,000.00 provided for in section 6-79(a)(7); h. The fixed annual license fee of $1,500.00 provided for in section 6-79(a)(8); i. The annual license fee provided for in section 6-79(a)(9); j. The annual license fee provided for in section 6-79(a)(10); k. The annual license fee provided for in section 6-79(a)(11); l. The annual license fee provided for in section 6-79(a)(12); m. The fixed annual license fee of $250.00 or $350.00 provided for in section 6-79(a)(13); n. The fixed annual license fee of $200.00 provided for in section 6-79(a)(14); o. The fixed annual license fee of $350.00 provided for in section 6-79(a)(15); p. The fixed annual license fee of $350.00 provided for in section 6-79(a)(16); q. The fixed annual license fee of $750.00 provided for in section 6-79(a)(17); and r. The fixed annual license fee of $750.00 provided for in section 6-79(a)(18). _________________________________________________________________________________ Section 11. Section 74-81(f)(1) of the Code of Ordinances of the City of Athens is hereby amended so that it states as follows: (1) No alcoholic beverages are to be served or consumed upon the permitted premises unless the provisions of Section 74-81(g) are met. ______________________________________________________________________________ Section 12. Section 74-81(g) of the Code of Ordinances of the City of Athens is hereby added so that it states as follows: (g) Sidewalk dining serving alcoholic beverages. Alcoholic beverages may be served to patrons seated at tables and chairs on the permitted premises, subject to each of the following conditions: (1) The permit holder shall be duly licensed by the state and city to sell alcoholic beverages for on- premises consumption and such licensing shall include as a portion of the licensed premises the permitted premises. (2) The establishment shall comply with the Athens Alcoholic Beverage Ordinance and all other applicable state and city alcoholic beverage laws, which includes the regulations of the Alabama Alcoholic Beverage Control Board governing the display of alcoholic beverages and their service on patios adjacent to the licensed premises. (3) The permit holder shall obtain and maintain throughout the permitted period bodily injury and property damage liability insurance, on an occurrence basis, naming the city, its officials, officers, employees, and agents as an additional insureds, covering the permitted premises in a minimum amount of $100,000.00 for the injury to or death of any one person and $300,000.00 for the injury to or death of any number of persons in one occurrence, and property damage liability insurance in the amount of $100,000.00. Such insurance shall specifically insure the permit holder against all liability assumed by the permit holder hereunder as well as liability imposed by law, and shall insure both the city and permit holder, but shall be so endorsed as to create the same liability on the part of the insurer as though a separate policy had been written for the city and permit holder. Such policy of  insurance shall be issued by a company authorized to engage in the insurance business in the State of Alabama, maintaining a Best rating of not less than "A," and shall be approved by the city attorney or his designee prior to the issuance of a permit. The city clerk-treasurer may, at any time and from time to time, require the permit holder to provide a certificate of insurance or other proof of insurance. (4) Alcoholic beverages served or consumed by patrons on the permitted premises shall not be in glass containers. _________________________________________________________________________________ Section 13. If any provision of this ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this code and such amendments and statutes are declared to be severable. Section 14. No other provisions of the City Code are amended by this Ordinance, unless specifically stated and referenced herein. Section 15. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Athens as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the Code. ADOPTED and APPROVED this, the 4th day of December, 2017. /s/ Harold Wales PRESIDENT PRO TEM, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) LIMESTONE COUNTY ) I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of the Ordinance duly adopted by the City Council of the City of Athens, on the 4th day of December, 2017. Witness my hand and seal of office this the ____ day of _________________, 2017. ___________________________________ Annette Barnes, City Clerk Councilmember Travis moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Wales, Travis, Cannon and Harper; NAYS: None. The President Pro Tem thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Cannon thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Travis and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Wales, Travis, Cannon and Harper; NAYS: None. The President Pro Tem thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. Councilman Cannon made for introduction only the following ordinance: ORDINANCE NO. 2017- ________ AN ORDINANCE AMENDING THE DEFINITION OF “PUBLIC PLACE” IN THE ATHENS ALCOHOLIC BEVERAGE ORDINANCE _____________________________________________________________________ WHEREAS, the City Council desires to remove “public library” from the definition of “public place” in the Athens Alcoholic Beverage Ordinance, so as to allow the library board to determine for itself when and under what circumstances the retail sale of alcoholic beverages would be allowed at the public library (such as at fundraising events, receptions, or similar functions). THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on ____________ __, 2017, at 5:30 p.m., as follows: Section 1. The definition of “Public place” in Section 6-33 of the Code of Ordinances of the City of Athens is hereby amended so that it reads as follows: Public place means any: (1) School building or school property, (2) Public park, (3) Outdoor recreational area regularly held open to the general public, and (4) Athletic facility/field regularly held open to the general public. Public place shall also mean, unless such premises is being used for a private gathering or such premises is otherwise licensed for the sale of alcoholic beverages, any theater, auditorium, skating rink, dance hall, or other place of amusement. Section 2. If any provision of this ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this code and such amendments and statutes are declared to be severable. Section 3. No other provisions of the City Code are amended by this Ordinance, unless specifically stated and referenced herein.  Section 4. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Athens as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the Code. ADOPTED this the ______ day of ___________________, 2017. __________________________________________ CHRIS SEIBERT, CITY COUNCIL PRESIDENT APPROVED this the ______ day of __________________, 2017. __________________________________________ WILLIAM R. MARKS, MAYOR ATTEST: _______________________________________ ANNETTE BARNES, CITY CLERK CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) LIMESTONE COUNTY ) I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of the Ordinance duly adopted by the City Council of the City of Athens, on the ____ day of _____________, 2017. Witness my hand and seal of office this the ____ day of _________________, 2017. ___________________________________ Annette Barnes, City Clerk Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve travel/education expenses for the following personnel from the Utilities Finance Department. Kent Lewter TVPPA Customer Service & Communication Conference $92.70 Nashville, TN November 15-17, 2017 The motion was seconded by Councilman Travis and was unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to appoint Fannie Lucas Rainey to the Lincoln-Bridgeforth Advisory Park Committee, with her term expiring 12/4/2023. The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the placement of a four way stop at the intersection of Hobbs and Madison Streets; BE IT FURTHER RESOLVED to authorize the placement of a four way stop at the intersection of Pryor and Houston Streets. These projects shall be funded by the gas tax fund. The motion was seconded by Councilman Travis and was unanimously carried. Councilman Cannon introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to appropriate $5,000 for installation of speed cushions and related signage on East Glenn Valley Drive to be funded by gas tax. The motion was seconded by Councilman Harper and was unanimously carried. * * * There being no further business to come before the meeting, the same was, upon motion by Councilman Travis and second by Councilman Cannon, duly and properly adjourned. /s/ Harold Wales PRESIDENT PRO TEM, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK