Alcohol Control Commission

ALCOHOL CONTROL COMMISSION Monday, November 20, 2023 The Alcohol Control Commission met at 5:00 p.m. 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 McDaniel were present. Also present were Rome Police Captain Mark Tison and Assistant City Attorney Sam Lucas. Minutes – October 16, 2023 The minutes of the October 16, 2023, meeting, as submitted in writing by the Secretary, were approved by unanimous consent. Sunny’s Food Mart Inc. – 1107 Turner McCall Blvd The application of Ms. Savitri K. Singh, manager of Sunny’s Food Mart Inc., 1107 Turner McCall Blvd, was presented. Ms. Singh requested that a new beer and wine package license be issued to her at this location. Secretary Smith reported that this structure, located at the intersection of Turner McCall Blvd. and E. 1st St., has not been the sight of an alcohol license in the past. This location does appear to meet the distance requirements to qualify for a beer and wine package license. However, Ms. Singh will be submitting her alcohol survey to confirm this condition before a license is issued. Ms. Singh stated that she has experience in operating alcohol package establishments in the past. She plans to open this facility from 9:00 a.m. - 9:00 p.m. each day and she reported that she plans to operate this facility with two employees. There are 15 cameras on the inside and outside of the property and Ms. Singh plans to have coin operated amusement machines in this facility. These machines will be located in a separate room, visible from inside the store. After a discussion with Ms. Singh regarding employee training, Ms. McMichael moved to approve the request for a beer and wine package license, subject to inspections and final approvals by all of the appropriate City officials and the submission of an alcohol survey (plat). Mr. VanMeter seconded the motion, and the vote was unanimously in favor. Sunoco – 2039 Maple Avenue SW The application of Mr. Parvez Nasiruddin Kadiwala, owner and operator of Sunoco, 2039 Maple Avenue SW, was presented. Mr. Kadiwala requested that a new beer and wine package license be issued to him at this location. It was noted that there has been a City of Rome package license issued at this location previously. Mr. Kadiwala was present, and all papers were in order. He reported that this will be a 24 hour a day operation and he plans to staff this facility with a total of 3 employees. He commented on the camera system in place and stated that IDs will be checked for all alcohol sales. Furthermore, Mr. Kadiwala stated that he plans to have 7 coin operated amusement machines located in a separate room inside this facility. Mr. VanMeter moved to approve the license request as 1 submitted, subject to Mr. Kadiwala submitting verification that all employees have completed, at a minimum, an alcohol training program, and that all City officials confirm that the building and grounds are up to City code. Mr. Morgan seconded the motion, and the vote was unanimously in favor. Cellar Wines – 524 W. 12th St. The application of Chris Forino, owner and operator of Cellar Wines, 524 W. 12th St., was presented. Mr. Forino requested that a wine wholesale distribution license be issued to him at that location. It was explained that Mr. Steven Stutts operated Stellar Wines at this location for many years. Mr. Stutts passed away in 2023 and Mr. Forino, a previous employee of Mr. Stutts, plans to operate the business. He has changed the name from Stellar Wines to Cellar Wines, otherwise the business will continue to operate in the previous manner. Mr. Forino’s area of distribution is fairly small, encompassing Floyd County and a portion of Bartow County. Mr. Phipps moved to approve the wine wholesale distribution license request as submitted. Ms. McMichael seconded, and the vote was unanimously in favor. Kaur 2023 Inc. – 1801 Shorter Ave The application of Ms. Navjot Kaur, owner and operator of Kaur 2023 Inc., 1801 Shorter Ave., was presented. Mr. Kaur requested that a new beer package license be issued to her at that location. It was noted that this application was scheduled for the October Alcohol Control Commission, however there was no one present from the facility and the Alcohol Control Commission did not take action. Secretary Smith was not expecting Ms. Kaur at tonight’s meeting. However, he explained that there has been an alcohol license previously at 1801 Shorter Avenue and stated that this location does meet Rome’s distance requirements. Ms. Kaur has also met the background requirement. Secretary Smith suggested that he will be in communication with the ACC members with more information and perhaps they can give their approval via email, since there is no planned Alcohol Control Commission meeting for the month of December. Secretary Smith’s suggestion was accepted, and Ms. Kaur was thanked for her attendance at tonight’s meeting. This license request has been approved subject to all final inspections. Peaches, 325 Broad Street – After Hours Alcohol Consumption Secretary Smith stated that Ms. Stephanie Shaw, licensee at Peaches, 325 Broad Street, has been instructed to appear at tonight’s meeting regarding an alleged incident of allowing alcohol consumption after allowed hours. Specifically, it was noted that in the early morning hours of Sunday, October 22, 2023, representatives from the Rome Police Department found a substantial crowd of customers inside Peaches after 2:00 a.m. Upon investigation, it was determined that alcohol consumption was occurring after the allowed time of 2:00 a.m. 2 Assistant City Attorney Sam Lucas administered the oath to those persons that would be speaking during tonight’s license hearing. Rome Police Department Lieutenant Joel Stroupe and Peaches Licensee Stephanie Shaw received the oath. Rome Police Department Lt. Joel Stroupe read the attached incident report, generated on Sunday, October 22, 2023. Lt. Stroupe highlighted that upon noticing a large crowd inside Peaches at slightly after 2:00 a.m., he and other officers investigated. Upon the investigation, it was determined that customers were still inside Peaches, and alcohol was being consumed after 2:00 a.m. The Rome City Code requires that all alcohol sales stop by 1:30 a.m. and that all consumption cease by 2:00 a.m. These hours of sales and consumption are applicable 7 nights a week in Rome. Lt. Stroupe added that at the end of the investigation, all customers had left Peaches, and while Ms. Shaw seemed to express some confusion regarding customers being inside her establishment after 2:00 a.m., Lt. Stroupe did not issue a citation to Ms. Shaw. Ms. Shaw stated to the Alcohol Control Commission that there was some confusion, since she considers herself a restaurant, and that restaurants can serve food 24 hours a day. She did state that she was aware that all consumption must cease at 2:00 a.m. and that she had lost track of time on the morning in question and was attempting to have the customers pay their tabs and exit the building when the police officers arrived. Upon being questioned, Lt. Stroupe stated that the lights were on inside Peaches when he arrived. However, initially there did not appear to be a serious attempt to exit the customers from the building since music was still playing and other activities were taking place. While Ms. Shaw continued to debate the merits of food sales on the night in question, everyone agreed that all consumption is required to cease by 2:00 a.m. Secretary Smith was asked to play the 12 minute body camera video footage, supplied by the Rome Police Department, regarding the activities that took place inside of Peaches upon arrival of the Police Department. This 12 minute video provided an accurate depiction of the environment at the time of the police officers arrival through the time that customers exited the business. Ms. Shaw questioned if other downtown businesses were also open after hours on this night and Lt. Stroupe replied that he did not observe any after hours activity at any business other than hers. Ms. Shaw provided some comments in her defense that this night (October 21st) was following the conclusion of Rome River Jam, and this was a late arriving crowd and more difficult to remove from the building than on a typical business night. The members of the Alcohol Control Commission expressed some frustration with Peaches, informing Ms. Shaw that the Alcohol Control Commission and the City of Rome have recently made serious attempts to accommodate her type of business. However, she still does not seem interested in observing all of Rome’s alcohol rules. Peaches recently received a variance from Rome’s food/drink ratio, in which food sales are only required to constitute 25% of her total sales, rather than 50%. The other 25% is allowed from event ticket sales. Secretary Smith explained to the ACC members that if they wish to recommend a penalty to the Rome City Commission concerning these alleged violations at Peaches, their options are to request that action be taken against Ms. Shaw’s alcohol license. This can be in the form of a suspension for a specific period of 3 time, or a revocation. They also have the option of requesting that a monetary penalty be imposed. The maximum monetary penalty would be $2,000. With the discussion continuing, Mr. Morgan made a motion to recommend to the City Commission that the beer, wine, and liquor pouring license at Peaches be suspended for 6 months and that she face a $300 monetary penalty. There was no second to this motion. ACC members commented that Peaches is a good business for downtown and that other establishments benefit when she has a concert event, however they are disappointed with Ms. Shaw’s blatant disregard for Rome’s rules and regulations. They also cited that Ms. Shaw’s bartenders should have taken an active role in insuring that the 2:00 a.m. alcohol consumption deadline was enforced. Ms. Shaw stated that she cannot tolerate an additional suspension, and commented on past suspensions, which were extremely detrimental to her business, leaving her in a financial predicament. Mr. Phipps moved for a recommendation that a $2,000 monetary penalty be implemented by the City Commission and that there be no license suspension. There was no second to this motion. As the discussion continued further, Mr. VanMeter moved that the beer, wine, and liquor pouring license at Peaches be suspended for 90 days and that she receive a $2,000 monetary penalty. Mr. Morgan seconded this motion, and it was approved by the following vote: YES: VanMeter, Morgan, McMichael NO: Phipps Ms. Shaw was informed that this matter will be presented to the City Commission on November 27th. At that time, she can appear before the City Commission to discuss this matter, and although an additional hearing will not be held, Ms. Shaw can make statements, ask questions, or make requests. At this license hearing, Ms. Shaw can be represented by a legal counsel, although it is not required. Ms. Shaw commented again that a license suspension will require that she close her doors permanently, as she is on fragile financial ground at this time. Police Report Rome Police Captain Mark Tison was present and reported on three alcohol related incidents that all occurred in the downtown area. On October 18th there was a customer of El Zarape that was eventually charged with drunk and disorderly conduct. On October 29th personnel from the Harvest Moon called for the Rome Police Department due to an underage person in their restroom in possession of illegal drugs. On November 4th Rome Police discovered two males on Broad Street near Peaches involved in an altercation. They were charged with public drunkenness. Adjourn 4 With there being no further business, Mr. Cooper adjourned the meeting at 6:36 p.m. Joseph F. Smith City Clerk 5