Alcohol Control Commission

ALCOHOL CONTROL COMMISSION Monday, April 15, 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, Doug Phipps, Taylor McMichael, and Commissioner Robinson were present. Harold Morgan was absent. Also present were Assistant Rome Police Chief Rodney Bailey and Assistant City Attorney Sam Lucas. Minutes – March 18, 2024 The minutes of the March 18, 2024, meeting, as submitted in writing by the Secretary, were approved by unanimous consent. Road Runner, 2036 Maple Rd The application of Ms. Paudel Sandhya, manager of Road Runner, 2036 Maple Rd., was presented. Ms. Paudel Sandhya requested that a new beer package license be issued to her at this location. Ms. Sandhya and her husband addressed the ACC and spoke regarding their plans for the opening of this business. Many years ago, this location did sell gasoline and Ms. Sandhya’s plans are to eventually reinstall gas tanks and pumps at this location. However, in the meantime, they will only operate a convenience store at this site. They plan to complete this facility and secure the necessary documents to open in approximately one month. Their plans are to be open from 6:00 a.m. – 11:00 p.m., seven days a week, with themselves and two additional employees operating this facility. Mr. Sandhya explained that they are currently working on the TIPS online alcohol training. Their security camera plans were also discussed. There will be twenty four cameras installed and they expect their system to keep the recorded data in storage for at least one week. They also plan to have COAMs and vape products when the City’s moratorium on these two products has expired. Mr. VanMeter moved to approve the license request subject to all final inspections and approvals by the appropriate City officials, the submission of any needed documents, and the submission of training verification. Mr. Phipps seconded the motion, and the vote was unanimously in favor. Cherokee Valley, LLC – Riverside Parkway Secretary Smith stated that Cherokee Valley, LLC received approval for the construction of a new liquor store at the corner of Riverside Parkway and Riverside Industrial Drive on April 17, 2023. Since this will be a new construction, this facility was not open, and an additional six month extension was granted on the approval by the Alcohol Control Commission on October 16, 2023. Representatives of this proposed business, along with local architect Bill Jones, were present to address this matter. Mr. Jones stated that plans have been submitted to the City of Rome Engineering Department and the Fire Marshal’s office. They expect these plans to be approved soon, and bids are currently out for a contractor for the construction of 1 this facility. Mr. Jones expects the owners to break ground on this site within 60 days. Mr. Jones further explained that this would be a beer, wine, and liquor store. The site will also contain another facility which will house a convenience store and restaurant. The liquor store is expected to be approximately 11,000 square feet in size. Mr. Phipps moved to extend the approval of this license request for an additional six months, with the understanding that the owners of this business will reappear before the Alcohol Control Commission in October 2024 if the facility has not been completed and licensed at that time. Mr. VanMeter seconded the motion, and the vote was unanimously in favor. Mega Beverage Rome – 42 Hicks Drive Secretary Smith explained that in September 2023 the Alcohol Control Commission granted approval for a new liquor store at 42 Hicks Drive. This site currently houses a Fazoli’s Restaurant in the East Bend Shopping Center. Mr. Ravikumar Patel was present to explain that he is still moving forward with the development of a liquor store at this site, however the plans are taking longer than expected. Mr. Patel verified that he is the owner of this property and has now secured the financing for the liquor store conversion. This facility, when completed, will be approximately 8,100 square feet and will be staffed by approximately six employees. Mr. Patel also confirmed that there are no restrictions regarding the placement of a liquor store at this site (which he owns). Ms. McMichael moved to extend the approval of this beer, wine, and liquor package license for an additional six months, Mr. VanMeter seconded, and the vote was unanimously in favor. License Hearing – North Broad Food Mart, 1416 N. Broad Street, Unit B Secretary Smith reported that Mr. Dilbagh Singh, licensee of the North Broad Food Mart, was instructed to be at this License Hearing. This Hearing is held due to a report submitted by the Rome Police Department that customers were consuming alcohol at this facility. Specifically, alcohol is being consumed in the coin operated amusement machine area. This evidence was submitted by Rome Police Officer Ryan Vandenhoek. Assistant City Attorney Sam Lucas administered the oath to Mr. Dilbagh Singh and Officer Vandenhoek. Officer Vandenhoek addressed the ACC and explained the circumstances that occurred on the afternoon of March 9, 2024. Officer Vandenhoek was dispatched to North Broad Food Mart at 1416 N. Broad Street. An anonymous complainant had called 911 saying there were several Hispanic adults and children hanging out in the game room, drinking alcohol, and playing the machines. Officer Vandenhoek reported that upon arrival, he found two children outside of the game room just “hanging out”. Inside the game room 2 were two Hispanic males and a Hispanic female. The Hispanic female was holding a child in her lap. He noticed two Modela beer cans open and sitting in the cup holders at the machines where the males were sitting. After stepping out of the room momentarily and upon returning, the beers had been moved out of the holders and placed on the side of one of the other machines next to one of the male patrons. Officer Vandenhoek explained that alcohol cannot be consumed in this convenience store. The clerk was also notified that drinking in his establishment was not allowed. The clerk did indicate that the beers had been purchased at his establishment. Mr. Singh stated that the beer was purchased by these individuals from him, and he realized they took the beer into the game room area. However, he was not aware they were drinking the alcohol. He also stated these were first time customers and did not speak English very well. Mr. VanMeter stated that the Alcohol Control Commission had held Hearings for two similar violations during the past two months. Mr. Singh should have been aware that these customers may have been drinking beer in the game room since he was aware that the beer was purchased from him and taken into the game room. Upon being questioned, Mr. Singh stated that children were not allowed in the game room area. There was discussion by the ACC members regarding Mr. Singh’s camera system. Mr. Singh stated that cameras did cover the game room area, however it was dark in that area and images could not clearly be seen. Mr. Singh did not deny that the violation had occurred. He apologized for the infraction and stated that he would take steps to ensure there was not a repeat offense. After brief discussion by the ACC members, Mr. VanMeter moved to recommend to the City Commission that the beer package license at this establishment be suspended for a 90 day period and that a $2,000 monetary penalty be enforced. Ms. McMichael seconded the motion, and the vote was unanimously in favor. It was explained to Mr. Singh that this matter will be presented to the City Commission on Monday, April 22, 2024. While an additional Hearing will not be held, Mr. Singh is welcome to be at the City Commission meeting to address the members. He can speak to the members regarding the proposed penalty. Police Report Assistant Police Chief Rodney Bailey was present and stated there were no incidents at alcohol establishments to report at this time. He also stated that his officers are spot checking establishments that have been found to be in violation of allowing alcohol consumption in convenience stores. Standard Drink Price Ordinance Secretary Smith Reported that the standard drink price ordinance, applicable for the calculation of the food/drink ratio, has been placed on first reading before the City Commission and a vote on that proposed ordinance and fee scheduled is expected on April 22nd. 3 Adjourn With there being no further business, Chairman Cooper adjourned the meeting at 5:45 p.m. Joseph F. Smith City Clerk 4