Alcohol Control Commission

ALCOHOL CONTROL COMMISSION Tuesday, January 21, 2020 The Alcohol Control Commission met at 5:00 p.m. this date in the City Commission Chambers of City Hall, 601 Broad Street. Monica Sheppard, Chair, was present along with Collin Doss, John Kendrick, Harold Morgan, Steve VanMeter, and Commissioner McDaniel. Assistant City Attorney Frank Beacham was also present. Minutes – November 18, 2019 The minutes of the November 18, 2019 meeting, as submitted in writing by the Secretary, were approved by unanimous consent. There was no meeting in December 2019. Rome City Brewing, 333 Broad Street The application of Jay Shell, manager and owner of Rome City Brewing, 333 Broad Street, was presented. Mr. Shell requested that a new Liquor Pouring License be issued to him at that location. Mr. Shell was not present, but was represented by one of his managers, Ms. Rena Dunn. Rome City Brewing currently holds a Beer and Wine Pouring License and operates as a Brew Pub at this location. Secretary Smith stated that he has spoken with Mr. Shell about this application recently and reported that Mr. Shell feels like he can meet the City of Rome’s Food/Drink Ratio with the establishment selling enough food to offset the anticipated distilled spirit drink sales. Ms. Dunn outlined the training procedures that are provided for employees at Rome City Brewing. Mr. VanMeter recommended that they refresh their alcohol training on a periodic basis and have documentation to verify that the employees understand their guidelines. Ms. Dunn is also aware of the City of Rome’s 3% monthly Food/Drink Ratio reporting and tax payment requirements. Mr. Kendrick moved to approve the new Liquor Pouring License at Rome City Brewing, 333 Broad Street, as requested. Mr. Doss seconded, and the vote was unanimously in favor. Public Consumption of Alcohol – Rome Symphony Orchestra Ms. Barbara Beninato, representing the Rome Symphony, was present to request permission for public consumption of alcohol. This request is for an event that will take place on Saturday, May 2, 2020 and will involve the area of Broad Street at 6th Avenue. Ms. Beninato explained that the Symphony fundraiser titled, “A Day at the Races” will coincide with the 2020 Kentucky Derby Horse Race, and the event will take place at Seven Hills Fellowship located at 6th Avenue and Broad Street. If the weather is cooperating, they would like to have a few tables on Broad Street and allow alcohol 1 consumption at those tables. The outdoor seating area would be approximately the same location that sidewalk cafes are allowed on Broad Street. Ms. Beninato stated there will be a maximum of forty persons at this event, and she expects the crowd to be easily managed and anticipates no alcohol violations. Mr. Doss moved to approve the request for public consumption of alcohol as submitted. Mr. Morgan seconded, and the vote was unanimously in favor. El Patron, 1802 Redmond Circle, Suite D – Noise Violation Hearing Secretary Smith stated that a License Hearing is being held today due to a citation being issued by the Rome Police Department at El Patron, 1802 Redmond Circle, Suite D, for excessive noise. This violation occurred on the evening of November 23, 2019. Secretary Smith explained that Mr. Felipe Martinez, licensee at El Patron, had been directed to appear at today’s Hearing. Mr. Martinez was notified by a letter from the City Clerk’s Office. This letter was delivered via US Mail and hand delivery at the establishment. Mr. Martinez was not present at tonight’s meeting; however, the Hearing moved forward. Speaking on behalf of the Rome Police Department was Lieutenant Josh Kerce and Officer Amber Lovering. Officer Kerce explained that, on the evening of Saturday, November 23rd, Rome Police Department was called to El Patron at approximately 9:45 due to a complaint from neighboring properties of excessive noise. At that time, contact was made with the manager at El Patron, and a warning was issued; and the volume of the music was reduced. Officer Kerce explained that later that evening, at approximately midnight, another call was dispatched for excessive noise at El Patron. When officers arrived, they did find the noise to be at excessive levels once again, and a citation was issued to Ms. Erica Guzman at that time (Ms. Guzman paid a fine in Rome Municipal Court of $135.00 on January 8, 2020). Lieutenant Kerce and Officer Lovering also pointed out that, while security was present on their first visit, there appeared to be no security on site during the second visit, and there was a very large crowd present. Upon being questioned by ACC members, Lieutenant Kerce stated that it is not uncommon for officers to visit El Patron due to excessive noise. Generally, a warning is given, and the volume of the music is reduced. Officers Kerce stated that, if officers have to return a second time on the same evening, a citation would be issued. Secretary Smith reviewed the history of Hearings held due to violations at El Patron. Since 2014, there have been seven Hearings held primarily for excessive noise, but also Hearings for consumption of alcohol after hours, fighting, overcrowding, and drinking on duty by the manager. Since 2014, there have been three different licensees at El Patron; however, it is difficult to determine if ownership of the business actually changed. ACC members were concerned that the Rome Police Department is using resources on such regular basis at this one establishment. While the discussion regarding this 2 particular incidence continued, the ACC members also expressed their disappointment that a representative from El Patron was not present at this Hearing. After further discussion, Mr. VanMeter moved to recommend to the City Commission that the Entertainment License and the Beer Pouring License at El Patron be suspended until the next regularly scheduled Alcohol Control Commission meeting (February 17, 2020). Mr. Kendrick seconded the motion, and the vote was unanimously in favor, including Chair Sheppard. This recommendation will be presented to the Rome City Commission at their January 27, 2020 meeting. If the City Commission approves this recommendation, the suspension period would begin immediately and extend through February 17, 2020. On Wednesday, January 22nd, Mr. Felipe Martinez called the City Clerk’s Office and spoke with the Secretary. Mr. Martinez apologized for missing the meeting. He stated that he inadvertently marked his calendar that the Hearing was going to take place on January 23rd. Secretary Smith explained the recommendation of the Alcohol Control Commission to Mr. Martinez and informed him that he was welcome to attend the City Commission meeting on January 27th and address the Commission concerning this recommended penalty. While an additional Hearing will not be held, Mr. Martinez can make comments, ask questions, ask for leniency, etc. to the City Commissioners. Mr. Martinez will also be informed in writing regarding his requirement to attend the February 17th Alcohol Control Commission meeting in order to give the ACC members the ability to finish this Hearing and to discuss their concerns in person with Mr. Martinez. Police Report Assistant Police Chief Debbie Burnett was present and reported there was no police activity to report at alcohol establishments at tonight’s meeting. Adjourned With there being no further business, Chair Sheppard adjourned the meeting at 5:45 p.m. Joseph F. Smith City Clerk 3