Alcohol Control Commission

ALCOHOL CONTROL COMMISSION Wednesday, August 5, 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 Davis. Assistant City Attorney Stephen Moseley was also present. Minutes – June 15, 2020 The minutes of the June 15, 2020 meeting, as submitted in writing by the Secretary, were approved by unanimous consent. There was no July meeting, as this meeting will be for the months of July and August 2020. Berry Shop N Go – 1501 Martha Berry Boulevard The application of Ms. Simple Kapoor, manager of Berry Shop N Go, 1501 Martha Berry Boulevard, was presented. Ms. Kapoor requested that a new Beer and Wine Package License be issued to her at that location. This application was scheduled to be reviewed at the June 15, 2020 ACC meeting; however, there was no representative present at that time. Representing this outlet tonight is Ms. Mary Williams. Ms. Williams is an employee of the establishment and indicated she has many years of experience in this type of retail environment. Ms. Williams explained that there are three employees planned for this establishment, and they also plan to close at 11 p.m. each day. Ms. Williams further commented on the training that will be provided to all employees with the requirement of ID be shown to all alcoholic beverage purchases, unless that person is obviously of age. A driver’s license scanner is expected to be used in the future. Mr. Kendrick moved to approve the Beer and Wine Package License as requested. Mr. Doss seconded, and the vote was unanimously in favor. Pop’s Food Mart, 1437 North Broad Street The application of William Jones, owner and manager of Pop’s Food Mart, 1437 North Broad Street, was presented. Mr. Jones requested that a new Beer Package License be issued to him at that location. Mr. Jones was present and was questioned by ACC members. He reported that this store will be open 24 hours a day/seven days a week, yet he only plans to have two employees. An addition to questioning the size of his workforce, Mr. Jones was also questioned regarding the training planned for his employees. Mr. Jones did not have much of an answer regarding what type of training he would use, just saying that he would do whatever it takes to properly ID everyone. He also indicated that he may have a cash register system in the future that requires the entry of a date of birth. Mr. VanMeter emphasized that he should develop a training program 1 and document that training process. While Mr. Jones did not elaborate on his training plans, he did, when questioned, respond that he has lotto gaming machines in this facility. After further discussion by ACC members, there was no motion to approve this license request. Mr. Jones was instructed to give some thought toward what type of training program he would like to develop and return to the ACC at their September meeting to explain his training program and request this alcohol license at that time. Arabian Nights Grill and Café, 1600 Shorter Avenue The application of Myra Garcia, manager of Arabian Nights Grill and Café, 1600 Shorter Avenue, was presented. Ms. Garcia requested that a new Beer and Wine Pouring License be issued to her at this location. Ms. Garcia was present, along with the property owner, and Secretary Smith indicated that this location meets all distance requirements to hold a City Alcohol License. Ms. Garcia and the property owner/developer explained that this facility will be open from 6 a.m. until 2 a.m. each day and plans to have 4-6 employees. The owner of the establishment indicated that, at night, this will become a hookah bar and with only adults allowed to enter. Ms. Garcia commented on their training program, and Mr. Doss moved to approve the license request as submitted. Mr. Morgan seconded, and the vote was unanimously in favor. Ana’s By The River, 315 Broad Street The application of Alexis Williamon, an employee (and daughter of the business owner) requested that a new Beer and Wine Pouring License be issued to her at that location. Ms. Williamon was present, and all papers were in order. Secretary Smith explained that the City of Rome has issued alcohol pouring license at this site in the past. Ms. Williamon explained that there are currently ten employees at this establishment, and they will be requiring identification of all persons purchasing alcohol. Mr. VanMeter moved to approve the alcohol pouring license as requested. Mr. Doss seconded, and the vote was unanimously in favor. Rome Tennis Center at Berry College, 100 Match Point Way NE The application of Lisa Smith, Operations Director at the Rome Tennis Center at Berry College, 100 Match Point Way NE, was presented. Ms. Smith requested that a new Beer, Wine, and Liquor Pouring License be issued to her at that location. Secretary Smith explained that this Center has held a Beer and Wine Pouring License in the past; however, it has not been used. The request is now for a new Beer and Wine Pouring License along with Liquor Pouring. In addition to the License request, there is also a request made at this time for a Food/Drink Ratio Variance. Approximately three years ago, the City Commission amended the Alcohol Ordinance to allow for an establishment to apply for a variance in order to meet the Food/Drink Ratio with products other than food. To date, only one establishment has applied for (and been granted) this 2 Food/Drink Ratio Variance. Ms. Smith’s variance would be to allow items sold in the Tennis Pro Shop, along with all food sales, to meet the required 50% ratio to offset distilled spirit sales. Ms. Smith commented on the number of employees at the Tennis Center and the fact that all employees, who will be involved with the service of alcohol, will be required to complete the “Serve Safe Program”. Mr. Kendrick moved to approve the Beer, Wine, and Liquor Pouring request as submitted. Mr. VanMeter seconded, and the vote was unanimously in favor. This motion also included a recommendation to the City Commission that the variance request be approved. This variance request will be submitted to the City Commission on August 10, 2020 (On August 10, 2020, the Rome City Commission did approve the Food/Drink Ratio Variance request as submitted). Public Alcohol Consumption Request – Downtown Development Authority Ms. Meagan Otwell, representing the Rome Downtown Development Authority, was present to request that permission be granted for the public consumption of alcohol at two upcoming DDA events. These events are International Parking Day to be held on Friday, September 18th, and the annual Fiddlin’ Fest scheduled for October 10, 2020. The ACC members are familiar with these events, and Mr. Doss moved to approve the request as submitted. Mr. Kendrick seconded, and the vote was unanimously in favor. Administrative Approval of DDA Request Mr. Doss moved to authorize the City Clerk to administratively approve future Downtown Development Authority requests for downtown consumption of alcohol. These normally happen several times a year and are somewhat routine in nature. Mr. Morgan seconded the motion, and the vote was unanimously in favor. The Brewhouse, 325 Broad Street – License Hearing Secretary Smith announced that a License Hearing was scheduled for today because of two alleged issues that occurred at the Brewhouse, 325 Broad Street. On July 14th, the Rome Police Department issued a citation to a bartender at the Brewhouse. The citation was based on an alleged incident that occurred involving the furnishing of alcohol to a person under 21 years of age at the Brewhouse on July 4th. The second incident was a warrant for simple battery that was issued by the Rome Police Department on July 15th to Mr. Hann, who was identified as a security guard for the Brewhouse. Assistant City Attorney Stephen Moseley issued the Oath to all parties that would be testifying during today’s Hearing. 3 Rome Police Captain Roy Willingham explained that, in the early morning hours of Saturday, July 4th, a Georgia State Patrol Officer stopped a vehicle behind 325 Broad Street. The three underage passengers had been consuming alcohol and advised the Trooper that a bartender at the Brewhouse had provided the alcohol. A cash register receipt for $8 was shown by one of the young ladies. Captain Willingham stated that, after more in-depth investigation, he ultimately charged Ms. Chelsey Leigh Mitchell with furnishing alcohol to a person under 21 years of age. Ms. Mitchell has a court date in October 2020. Rome Police Officer Ethan Carpenter explained that, on July 15th, he obtained video footage from an altercation that took place on July 11, 2020 at approximately 11 p.m. In the video footage, a person identified as Mr. Lee is standing in the street in front of the Brewhouse not causing any issues at that particular moment. In the video, you see a security guard come into the video picture and strike Mr. Lee. They struggled for a second and then split up by Brewhouse owner Eric McJunkin. Once they are broke up, the security guard walks away and does not come back. Officer Carpenter stated that this security guard was identified as Mr. Hann, and it was reported to him that Mr. Lee had been causing issues inside the Brewhouse earlier in the evening. Ultimately, a warrant for simple battery was taken out for Mr. Hann. Brewhouse owner and licensee Eric McJunkin addressed the ACC and provided information regarding both issues. Mr. McJunkin stated that Mr. Lee had been a customer in the Brewhouse and had been very drunk and loud. However, he was outside, and the security guard was acting inappropriately when he struck Mr. Lee. Mr. McJunkin stated that he fired the security guard (Mr. Hann) immediately. Mr. McJunkin stated that it is never appropriate for a security guard to strike a customer. Security guards are there to provide security and to address issues as they arise; however, they must be handled in an appropriate manner. Mr. McJunkin then took the opportunity to respond to the alleged incident of the furnishing of alcohol to a person under 21 years of age. McJunkin explained the processed used at the Brewhouse for customers who are between the ages of 18 and 20 years of age. Those under-21 customers received a large black “X” on the back of their hand and are provided with an arm band of a different color from those that are 21 or older. Regarding the $8 sale receipt, Mr. McJunkin stated there is only one item at the Brewhouse that is $8, and that is a large “red bull”. McJunkin clarified that no food items or alcohol items are $8. McJunkin speculated that perhaps this young lady had brought alcohol into the Brewhouse herself − as patrons sometimes do. He assured the ACC that no one under the age of 21 years of age was served alcohol by Brewhouse personnel. He also referenced a recent incident where Rome Police Department had sent someone under 21 years of age into the Brewhouse in an attempt to buy alcohol (a sting operation). That person was unable to acquire alcohol at the Brewhouse during that 4 investigation. McJunkin added that Ms. Mitchell, the bartender who was cited for this alleged offense, will be going to court with a “not guilty” plea. As the discussion continued concerning the Brewhouse, there were questions by ACC members and answers provided by Mr. McJunkin. One of the topics regards security. Mr. McJunkin stated that he has been using security guards that are not off-duty police officers, although the persons he uses have had training as security guards. Typically, there is one security guard at the front door, one at the back door, and more when there is an event with a large crowd. McJunkin has spoken with Rome Police Major Rodney Bailey in the past about hiring off-duty City Police Officers. Sometimes off-duty Sheriff’s Officers are hired; however, there are times, especially recently, when there were no off-duty officers available to work even though one was requested. It was clarified that off-duty Rome Police Officers are only allowed to work outside of an alcohol establishment and enter inside only when needed to address a particular issue. There were questions regarding Mr. McJunkin’s choice of security guards, and he stated that he is now trying to use off-duty Police Officers whenever possible. During the course of the conversation, it was stated that Mr. Lee (the customer who was struck by the security guard) was charged with disorderly conduct by the Rome Police Department. The course of the conversation turned toward the incident that was videoed earlier this summer in which a patron was cut significantly across their face, and the person with the knife was severely beaten by other persons. Mr. McJunkin indicated that the Police Department was called to that incident by a Brewhouse personnel; however, there is some debate of whether or not that was actually the case. An additional incident was discussed in which an employee of the Brewhouse witnessed underage customers leaving the Brewhouse and consuming alcohol in their vehicles and attempting to reenter the Brewhouse. This employee stated that 911 was called; however, it took 20 minutes for the Police to arrive, and no action was taken when they did arrive. (The Rome Police Department investigated this comment and reported that the officer was on site within 6 minutes of the phone call being made). Mr. McJunkin stated that, at times, the Brewhouse will scan and record a person(s) driver’s license to help prevent them from passing their drivers license to an underage person who would then attempt to gain with the ID. As the discussion continued, the ACC emphasized the importance of the correct number and proper training for security guards used at the Brewhouse. There was also comments made to Mr. McJunkin regarding the issue of social media posts and comments made about not following social distancing and other COVID-10 protocols. At the end of the day, Mr. Doss made a motion to issue a letter of warning regarding the security guard incident with emphasis that any future problems involving security guard would likely result in a much more severe penalty. Mr. Morgan seconded the motion, and the vote was unanimously in favor. 5 Mr. Kendrick made a motion to take no action regarding the allegation of underage alcohol sales at this time. The ACC will revisit this matter after Ms. Mitchell has her case adjudicated in court. Mr. McJunkin can be called back into the Alcohol Control Commission after that matter is resolved in court. Mr. VanMeter seconded the motion, and the vote was unanimously in favor. The Brewhouse, 325 Broad Street – Special Entertainment Request Secretary Smith reported that he had received a phone call from Ms. Jana Ash inquiring about the possibility of her son holding a wrestling event at the Brewhouse. Ms. Ash was informed that an entertainment of that nature would need prior ACC approval. Mr. McJunkin was asked if he would like to proceed with this special entertainment request, and he indicated that he would. The ACC members felt that, in light of all that has been discussed today, this special entertainment should be postponed at this time and perhaps revisited at a later date. Police Report Assistant Police Chief Debbie Burnett presented a police report. She indicated that, in addition to the matters that were discussed earlier at today’s meeting, there was a late night incident on July 18th in the area of the Harvest Moon and the Mellow Mushroom. This resulted in the arrest of the girl who was celebrating her birthday. This young lady was accused of biting an individual as well as doing damage to a vehicle. Adjourned With there being no further business, the meeting was adjourned the meeting at 7:10 p.m. Joseph F. Smith City Clerk 6