Alcohol Control Commission

ALCOHOL CONTROL COMMISSION Tuesday, January 16, 2024 The Alcohol Control Commission met at 5:00 p.m. on this date in the City Commission Chambers of City Hall, 601 Broad Street. Billy Cooper, Steve VanMeter, Harold Morgan, Doug Phipps, Taylor McMichael, and Mayor McDaniel were present. Also present were Rome Police Major Chris DeHart and Assistant City Attorney Sam Lucas. Minutes – November 20, 2023 The minutes of the November 20, 2023, meeting, as submitted in writing by the Secretary, were approved by unanimous consent. There was no December 2023 ACC meeting. Angela Rubino – TAM Training Ms. Angela Rubino was present and addressed the ACC regarding alcohol training. Ms. Rubino read the following statement: “Good afternoon, ACC Members. Thank you for this opportunity. I’m here tonight asking for a moment of your time regarding the recent events with the entertainment venue in Rome. I believe we can all agree that Rome needs such a place, but it needs someone that is educated in alcohol management. A few of us from the public have attended past ACC (Alcohol Control Commission) meetings, and, what I personally took away from it, besides the blatant disregard for accountability or responsibility, is the lack of techniques or simply just not caring (by some of the alcohol establishments). Now, I’m not coming here to imply that I know better, but simply giving my opinion as a once restaurant owner and knowing and having first-hand experience. We know in restaurants ServSafe is required. Inspectors visit and grade each location. If the location is bad enough, inspections lead to closure of a location. I can assume in Georgia, like New York, if the public gets sick from a location, it would be reported. Having a certification like ServSafe, basically stating your staff is well educated in the procedures of handling food, I would think one should exist for the consumption of a substance that can influence. What I am proposing and have spoken to a few commissioners and our City Clerk about is T.A.M., which stands for Techniques of Alcohol Management. It is an online program designed to train liquor service employees and owners in order to prevent violating liquor laws and maybe help prevent unnecessary death and heartache in our community. Basically, it’s a printout from the website. It has just about every state. I printed Georgia, obviously. It’s a run-down of what the course is and provides. This is a great tool, and I believe it will be a benefit to pouring locations to have educated staff, and to help prevent anything like what we heard from happening. Will it be 100% bulletproof? Unfortunately, not, but we can try. This is at your discretion on how to implement or not to existing liquor operating locations. I know it isn’t fair to the ones who have been doing things the right way, but 1 maybe implement a discount on the annual liquor renewal or discount on liquor liability insurance. I know it’s a lot easier said than done right now, but with the growth you are all proposing City and County, and with Kingston Downs having Kid Rock coming in May, (this) may be worth talking to legislators about looking into.” Ms. Rubino also handed out a two page document regarding the TAM alcohol server training certification that is available to Georgia residents. Ms. Rubino stated that the cost for this online training is $25. Ms. Rubino did not suggest that the City of Rome mandate such training, however she did suggest that this type of training be encouraged with perhaps some type of discount on the City of Rome alcohol sales permit fee. After some discussion by the ACC members regarding the possibility of discounting the $25 City of Rome permit fee for those that have completed alcohol training, Mr. Cooper stated that the ACC will take this suggestion under advisement. Billy Newby – Food Drink Ratio/Standardized Pricing Mr. Billy Newby, owner of Newby Farm and Winery Tasting Room, 411 Broad Street, addressed the ACC concerning the food/drink ratio and the possibility of a standardized price. Mr. Newby explained that at his establishment, in addition to beer and wine, he specializes in high end bourbons. These products carry a high price and as such, he has more difficulty in meeting Rome’s food/drink ratio. Mr. Newby explained that he is currently able to meet the food/drink ratio with his food sales, however, as he hopes his bourbon business will grow, meeting that ratio will become more difficult and perhaps impossible in the future. Newby further explained that the bourbon products he sells range from a starting price of $15 per 2oz pour up to as much as $90 for a 2oz pour. He explained that if the average price of his drink is $35, then he must sell considerably more food than another establishment that is selling the same quantity of alcohol for $7- $10 per drink. There was discussion regarding this matter, as well as the City of Rome’s 3% excise tax that applies to mixed drinks. There was no suggestion to reduce the excise tax, but the ACC is willing to give some thought to the use of a standardized drink price for the calculation of the food/drink ratio. It is the understating that most pouring establishments have a point of sale system that would allow them to easily track the total number of distilled spirit drinks that are sold each month. Mr. Cooper thanked Mr. Newby for his comments and stated that the ACC members will consider this concept and it will likely be revisited at a subsequent ACC meeting. Andre Evans – Alcohol Sales Permit Appeal Mr. Andre Evans addressed the ACC to request an appeal for his alcohol sales permit. Mr. Evans was denied a permit since he has had a felony conviction within the last three years. 2 Mr. Evans explained that he has experienced criminal convictions in his past and was released from prison in September of 2023. He stated that he is trying to get back on his feet and has been working in the restaurant industry. He would like to acquire an alcohol sales permit to increase his marketability and his ability to generate more income in the hospitality industry. Secretary Smith explained that based on Mr. Evans’s background check, he will be eligible to receive the alcohol sales permit in June of 2024 since three years will have elapsed since his last felony conviction at that time. Mr. Evans spoke at length to the ACC members and there were some questions from the members regarding his background and his plans for the future. Ms. McMichael moved to approve the alcohol sales permit as requested. Mr. VanMeter seconded, and the vote was unanimously in favor. The ACC members congratulated Mr. Evans on his attempt to get his life back on track and wished him luck in the future. Kasper Beck – Alcohol Sales Permit Appeal Ms. Kasper Beck was present to request an appeal for an alcohol sales permit. Ms. Beck has been denied a permit since she has recent felony convictions. Secretary Smith explained that based on Ms. Beck’s background investigation, she was convicted on December 13, 2023, of a drug violation and had a previous conviction in March 2023 for a drug offense. Currently, Ms. Beck has an outstanding drug charge in Summerville that she has yet to appear in court for. Ms. Beck stated that she has had serious drug issues in her past, however she is in recovery now and is a resident at the Next Door Program. She is employed at Eggs Up Grill and one of the products offered at Eggs Up Grill is mimosas. Ms. Beck submitted support documents from Alexandria Towery with Next Door Living Proof Recovery and from her supervisor, who has also experienced similar drug difficulties in the past but is also in recovery. There was general discussion by the ACC members concerning this request. Mr. VanMeter moved to approve the alcohol sales permit as requested. Ms. McMichael seconded, and the vote was unanimously in favor. Alcohol Sales Permit Requirements There was discussion by the ACC members concerning the requirements for someone to hold a City of Rome alcohol sales permit. Secretary Smith explained that there are five categories that would prohibit an individual from acquiring this permit. 1. Having been convicted of an offense involving violence within the past 10 years. 2. Having been convicted of any state or federal felony within the past 3 years. 3. Having been convicted of a felony involving forgery, identity theft, or credit card fraud within the previous 3 years. 4. Having been convicted of selling, serving, or providing alcohol to a minor on two occasions within the previous 1 year. 5. Is ineligible to serve or sell alcohol under the laws of the State of Georgia. 3 There was discussion regarding the possibility of recommending that items 2 and 3, regarding the three year threshold, be removed. Ultimately there was no motion to alter this ordinance. Sunday Sales Day Secretary Smith reminded the ACC members that it was discovered by the City of Rome in December 2023, that State of Georgia statute 3-3-7(r) authorizes local governments to designate one Sunday per calendar year in which establishments, that are not authorized to sell on Sunday, would be allowed to sell. In order to pour alcohol on Sundays, the State of Georgia law requires that establishments meet an annual food/drink ratio of at least 50% food. There are six pouring establishments in the City of Rome that are not allowed to pour on Sunday since they are not restaurants and cannot meet the food/drink ratio. In December 2023, the Rome City Commission held a special called meeting and designated Sunday, December 31st as the one Sunday in 2023 in which these establishments would be allowed to pour. The question today is which Sunday should be recommended to the City Commission for 2024? Smith stated that the six establishments in Rome have been contacted, and three of these establishments would prefer Super Bowl Sunday (February 11th), the other three establishments would prefer St. Patrick’s Day, (Sunday, March 17th). Mr. Brandon Pledger, owner of Alibi Speakeasy, was present and stated that based on his research, St. Patrick’s Day is a day in which alcohol sales are noticeably elevated. It appears that in 2025 there would be no competition for Super Bowl Sunday. There was discussion by the ACC members regarding which Sunday would be most appropriate, but the determination was not to make a recommendation to the City Commission and allow that body to determine which of the two Sundays in 2024 should be selected. This will appear on the City Commission agenda at their January 22nd meeting. Police Report Rome Police Major Chris DeHart was present and presented the police report. Major DeHart stated that one arrest occurred in Downtown Rome at the Dark Side on December 23rd. One person was arrested for disorderly conduct. There was no indication of any violation by the alcohol establishment. Adjourn With there being no further business, Mr. Cooper adjourned the meeting at 6:13 p.m. Joseph F. Smith 4 City Clerk 5