Alcohol Control Commission

ALCOHOL CONTROL COMMISSION Monday, October 21, 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 presided with Steve VanMeter, Taylor McMichael, Courtney Shepard, and Commissioner Wayne Robinson present. Doug Phipps was absent. Also present were Assistant City Attorney Sam Lucas and Rome Police Major Rusty Blair. Minutes – September 16, 2024 The minutes of the September 16, 2024, meeting, as submitted in writing by the Secretary, were approved by unanimous consent. Cherokee Valley LLC – Riverside Parkway Secretary Smith stated that Cherokee Valley LLC originally received approval for 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 constructed, and an additional six month extension was granted via the approval of the Alcohol Control Commission on October 16, 2023. On April 15, 2024, the Alcohol Control Commission, once again, extended the approval for a six month period. Representatives from Cherokee Valley were at that meeting, along with architect Bill Jones, to present their information. At that time, Mr. Jones stated that plans have been submitted to the City of Rome Engineering Department and the Fire Marshal’s Office. Mr. Sunil Mittal was present at today's meeting and stated that there had been a problem acquiring the easement needed for this property. The original plan for an easement acquisition failed and an alternative plan was developed. Mr. Mittal stated that he expects all issues to be resolved and that construction to begin on this facility within the next two months. Secretary Smith stated that normally there is not as much of a concern regarding an alcohol license as it relates to the time frame, however the State of Georgia requires that at least 1500 feet exist between new liquor stores. Mr. Mittal does not want to “lose his place in line” with someone else opening a liquor store within 1500 feet of his site, thus eliminating his option for constructing his facility. Smith further stated that, while unlikely, there are two sites within 1500 feet of Mr. Mittal’s site where a liquor store could potentially be located. Ms. McMichael moved to approve the request for a liquor store at this location for an additional six months as previously approved. Mr. Mittal would have to build his store to City of Rome development standards and receive approval from the Fire Marshal, Building Inspector, and Traffic Engineer, in addition to complying with all of Rome’s alcohol ordinances. Ms. McMichael further stated that if an additional liquor store applicant (within 1500 feet) is presented to the City of Rome before Mr. Mittal can construct his facility, he would be brought back before the Alcohol Control Commission 1 for further discussion. If an additional applicant is ready to move forward before Mr. Mittal, Mr. Mittal could potentially lose his approval. Mr. VanMeter seconded the motion, and the vote was unanimously in favor. Mr. Ron Swinford from the Riverside community addressed the ACC concerning his objection to a liquor store at this location. Mr. Swinford clarified that he is not opposed to liquor stores in general, however he feels this location is very inappropriate since it is directly across Riverside Parkway from Chieftains Museum. He reminded the Commission of the cultural significance of Chieftains Museum and that it attracts a large number of tourists and often has children’s day camps at that location. Mr. Swinford feels that a liquor store does not fit into this area considering the other uses that are along this Riverside Parkway corridor. There was discussion between the ACC and Mr. Swinford. It was noted that liquor stores are allowed by right within Community Commercial zoning districts. The City Commission has set standards for the development of various businesses, and if a business meets the required zoning and can comply with the other development standards, it is difficult to deny a development/license request. Before Mr. Swinford’s departure, he requested that he be added to the City Commission agenda to speak at the October 28th City Commission meeting. Paige Sagar – Alcohol Service Permit Appeal Ms. Paige Sagar was present to appeal for an alcohol service permit. Ms. Sagar explained that she has jobs with Jim N Nick’s BBQ and Buffalo’s Café in Rome. She is not able to acquire a City of Rome alcohol service permit since she has had a felony conviction within the previous three years. Ms. Sagar is on probation for her convictions of terroristic threats and acts, and aggravated stalking from a 2023 conviction. Ms. Sagar addressed the commission and explained her situation and the reasons behind her conviction. She also spoke of her current efforts to lead a more productive life. After discussion between Ms. Sagar and the ACC members, Ms. Shepard moved to approve the alcohol service permit appeal subject to Ms. Sagar submitting documentation from her employers acknowledging their awareness of her criminal record and their continued willingness to employee her at their establishments. She was also asked to submit information regarding her therapy and mental health counseling efforts. Keylie Carver – Alcohol Sales Permit Appeal Ms. Keylie Carver was present to appeal for an alcohol service permit. Ms. Carver has been denied this permit since she has a felony conviction within the previous three years. Ms. Carver addressed the commission outlining her past criminal convictions. She had two arrests in Augusta, GA, two in Gordon County, GA, and one in Floyd County, GA. Ms. Carver currently works at Jim N Nick’s BBQ as a to go order service representative. She would like to move into other areas of service at Jim N Nick’s BBQ and that would 2 require her to hold an alcohol service permit. Ms. Carver was convicted of possession of meth on October 5, 2023, and has two additional outstanding felony cases from a January 25, 2024, arrest. These felony cases are also for possession of meth and other controlled substances. Ms. Carver has yet to be adjudicated on these charges. She notified the ACC that her court date was upcoming and explained that the circumstances of her arrest would not likely lead to a conviction of these charges. Ms. Carver also submitted written documentation from the management of Jim N Nick’s BBQ, noting their awareness of her previous convictions and their desire to continue with her employment at their facility. She also submitted documentation from the director of housing at The Cares/Next Door Organization. Ms. Carver is currently living at the Living Proof Recovery facility and is monitored for drug and alcohol use at that time. She described her progress as difficult but proceeding in a positive way. She also added that there were no alcohol related matters with her previous arrest or convictions. Ms. McMichael moved to approve the alcohol service permit as requested, Ms. Shepard seconded, and the vote was unanimously in favor. Alcohol Ordinance – Elimination of Variances and Food Truck Allowances Mr. Cooper stated that on September 23rd, a joint study committee comprised of representatives from the Alcohol Control Commission, the Downtown Development Authority, and the Rome City Commission met in the Sam King Room of City Hall to discuss various alcohol related matters. As a result of this study committee, two recommendations have been forwarded to the Alcohol Control Commission for consideration. The first recommendation is to consider this elimination of food/drink ratio variances. Currently, there are three variances in the City of Rome that allow products other than food to be used to meet an establishment’s food/drink ratio requirement. Ms. McMichael moved to recommend to the City Commission that the alcohol ordinance be amended to eliminate future variances. This motion also specified that the three current variances could continue, however if the business is sold or if a new licensee is requested for that business, then the variance would cease to exist. Mr. VanMeter seconded the motion, and the vote was unanimously in favor. Secondly, it was noted that on-site food trucks sales are allowed to be counted towards a pouring establishment’s food/drink ratio. Currently, we are only aware of one establishment that is using on-site food truck sales as part of their food/drink ratio calculation, and that is The Foundry at 255 N. 5th Avenue (corner of 5th Avenue and W. 3rd Street). This establishment has been open since March 2024. Ms. McMichael moved to recommend to the City Commission that the City of Rome alcohol ordinance be amended to eliminate the use of food truck sales towards an establishment’s food/drink ratio effective January 1, 2025. Mr. VanMeter seconded the motion, and the vote was unanimously in favor. It was noted that food truck sales would still be allowed, however if the recommendation is adopted, they simply would not be allowed to be factored towards a food/drink ratio. 3 Police Report Rome Police Major Rusty Blair reported there were no incidents to submit at this time. Adjourn With there being no further business, Chairman Cooper adjourned the meeting at 6:17 p.m. Joseph F. Smith City Clerk 4