The Alcohol Control Commission met this week to discuss a variety of topics including a pouring license for the Peachy Pub and Elevation Cigar House, a small bar ordinance, a beer packaging license for La Mexicana Supermarket, and more.
Meeting was Billy Cooper, Steven VanMeter, Harold Morgan, Doug Phipps, Taylor McMichael, and Commissioner Quick (substituting for Commissioner Robinson – out of town) were present. Also present was Assistant City Attorney Sam Lucas and Rome Police Major Mark Tison.
The minutes of the June 18, 2024, meeting, as submitted in writing by the Secretary, were approved by unanimous consent.
Peachy Pub, 325 Broad Street
The application for a new beer, wine, and liquor pouring license at the Peachy Pub, 325 Broad Street was scheduled for discussion at today’s meeting. This application was initially reviewed at the June 18th ACC meeting. Mr. Guljar Singh, the applicant, was not available to attend this meeting and no action was taken. This file will be scheduled for continued review at the August ACC meeting.
Small Bar Ordinance Revival
Mr. Cooper stated that, once again, the concept of a small bar ordinance is before the Alcohol Control Commission. Mr. Cooper reminded the commission that this matter was discussed by the ACC previously on two occasions and on both occasions, the ACC
recommended adoption of this concept to the City Commission. In January 2023 and again in March 2023, the City Commission denied the small bar ordinance via a split vote. With the new 2024 Commission in place, this topic was briefly discussed at the January 2024 City Commission retreat. At that time, a recommendation was made that the small bar ordinance, once again, be reviewed by the Alcohol Control Commission.
Secretary Smith reviewed the specifics regarding the proposed small bar ordinance, reminding the ACC that the concept is designed to provide a way for an establishment to sell distilled spirits without the requirement for food service or meeting Rome’s 50/50 food/drink ratio. In order to have the privilege of selling distilled spirits without the operation of a restaurant, there are proposed restrictions for these types of businesses. The restrictions fall into the categories of a reduced size of the establishment, with a maximum number of square feet that is available for customer service; the hours of the establishment would be restricted; there would also be entertainment restrictions; the establishment would not be eligible to pour liquor off-premise; and Sunday pouring would not be allowed. The State of Georgia requires a food/drink ratio for Sunday pouring. Although it was not included in the two previous versions of the small bar ordinance, city staff are now recommending that, if adopted, the small bar ordinance would only be allowed in the Central Business Commercial and Urban Mixed Use zoning districts. Staff is also recommending that if the small bar ordinance is adopted, the City Commission remove the current option of a variance, in which some product other than food can be used to meet Rome’s food/drink ratio. Of the four variances issued, one has closed, one never opened,
and two remain in operation.
There was lengthy discussion by the ACC concerning the small bar ordinance, and the ACC continues to support this concept. They think that the addition of this type of liquor pouring establishment could be beneficial for the City of Rome while managing these types of establishments with the suggested restrictions. All of the provisions of the proposed small bar ordinance were once again reviewed by the ACC members.
Ms. McMichael moved to recommend to the City Commission that the small bar ordinance be adopted with the following provisions:
Size – The establishment would be 1800 sqft or less of interior and exterior customer service space (backrooms, storage rooms, and restrooms are not included in the square footage calculation).
· Hours – The establishment must conclude alcohol service (last call) by 1:30 p.m., with all consumption ending by midnight and customers leaving the establishment by that time. These establishments would be allowed to stay open until 2:00 a.m., like other pouring establishments, on New Year’s Eve each year.
· Entertainment – The Alcohol Control Commission must approve any entertainment offered by these establishments and an admission fee of any type would not be allowed.
· Off-Premise Pouring– Although these establishments could obtain a permit to pour beer and wine off-premise, they would not be allowed to pour liquor off-premise.
· Sunday Pouring – Sunday pouring would not be allowed, since the State of Georgia requires a food/drink ratio for Sunday pouring. The exception would be the one Sunday pouring day per year allowed by the State of Georgia for pouring establishments that do not qualify otherwise.
· Zoning Restrictions – Small bars would only be allowed in the Central Business Commercial (C-B-C) and Urban Mixed Use (U-M-U) zoning districts.
Ms. McMichael’s motion also specified that the recommendation is to remove the variance option currently in the City code if the small bar ordinance is adopted. This motion also specifies that the base fee for a liquor pouring license at a small bar would be $2,000 per year rather than the $2,500 per year of other establishments. This lower base fee is recommended due to the restrictions on service time that would be applicable to small bars. Mr. Phipps seconded the motion, and the vote was unanimously in favor.
This ordinance amendment will be presented to the City Commission for a first reading on July 22, 2024.
La Mexicana Supermarket, 2527 Redmond Circle
The application of Mr. David Cortes, owner of the La Mexicana Supermarket, 2527 Redmond Circle, was presented. Mr. Cortes requested that a new beer package license be issued to him at that location. Mr. Cortes was present and explained that this supermarket has been open for approximately 13 years, however he is the new owner and would like to add the ability to sell beer package at this supermarket. Mr. Cortes explained that IDs will be required for all alcohol purchases and that a scanner system for his cash registers will be forthcoming. Mr. Cortes also stated that all employees will be properly trained in the service of alcohol. His
hours of operation are 8:00 a.m. until 10:00 p.m. each day. A camera system is in place with approximately 40 cameras covering various areas of this establishment. Mr. Cortes will not have coin operated amusement machines at this location. Mr. VanMeter moved to approve the beer package license request as submitted. Mr. Morgan seconded, and the vote was unanimously in favor. Mr. Cortes is to submit evidence that his employees have completed alcohol training.
Elevation Cigar House, 254 N 5th Avenue
The application of Mr. Melvin Scott, owner and operator of Elevation Cigar House, 254 N5th Avenue, was presented. Mr. Scott requested a new beer, wine, and liquor pouring license be issued to him at that location. Mr. Scott was present at tonight’s meeting and stated that he is establishing a cigar bar at 254 N 5th Avenue. In addition to beer and wine he would also like to offer liquor, but he does not plan to operate a restaurant at this location. Mr. Scott is aware of the small bar ordinance discussion, however stated he would like to apply for a variance to use premium tobacco products, similar to Old Havana Cigar Bar, 327 Broad Street, to achieve the 50/50 ratio.
There was considerable discussion between the ACC and Mr. Scott regarding his request. Mr. Scott stated that his business will be approximately 1400 sqft and he hopes to open by September 1st. He further stated this will be his first venture into the operation of an alcohol establishment. He plans to be open from approximately 11:00 a.m. until midnight Monday – Saturday and will likely have an average of 4 employees on duty. Scott further stated that he may have light entertainment, typically of a jazz nature and he may also offer food trucks at the rear of the building. The TIPS online training program will be used for all employees. Mr. Scott stated he has already completed the TIPS training himself. The ventilation system he will use is rated for 5,000 sqft, even though his facility is only 1400 sqft.
There was discussion by the ACC members concerning the timing of this request and the recommendation that the City Commission not only adopt a small bar ordinance but 4 eliminate the variance option. Mr. Scott reported that he understands the small bar restrictions and those restrictions would be acceptable to him as a tradeoff to not be required to meet a food/drink ratio. Mr. Scott indicated that he would proceed with his business if he could offer beer and wine and not offer liquor, although he prefers to offer liquor.
After further discussion, Mr. VanMeter moved to approve the beer and wine pouring license as requested, subject to all final inspections and approval by the appropriate City officials. He further moved to recommend to the City Commission that Mr. Scott be given a variance to use premium tobacco products to meet the 50/50 ratio, if the City of Rome does not adopt the small bar ordinance. If the small bar ordinance is adopted, the variance would not be needed. Mr. Phipps seconded the motion, and the vote was unanimously in favor. Ms. McMichael pointed out that a mixed signal is being sent to the City Commission, since the small bar recommendation, approved earlier in this meeting, asks for the variance to be repealed. She emphasized that this variance will not be needed or considered if the small bar ordinance is adopted.
Alcohol Sales Permit
Rome Major Mark Tison was present and summarized the request by the Rome Police Department regarding alcohol sales permits. Alcohol sales permits are required for all persons involved with the service of food and beverages in any pouring establishment
(beer, wine, or liquor) and for persons working as security personnel at these establishments. Persons working in liquor package stores are also required to hold an alcohol sales permit. Before an alcohol sales permit is issued by the police department, a
background investigation is done. If there is any felony conviction within the past three years or a felony conviction within the previous ten years involving violence, the permits are not issued. Applicants who have been denied a permit can appeal to the Alcohol Control Commission. In the past 18 months, there have been approximately 1,000 permits issued and only a small number of those who were rejected have appealed to the Alcohol Control Commission. However, all of those who have appealed to the Alcohol Control Commission have been granted. Typically, those who appear before the Alcohol Control Commission have provided documentation from their employers stating that the employer is aware of the felony conviction and wishes to hire them.
Major Tison indicated that if background investigations are not completed by the police department and the cards are issued, the Rome Municipal Judge could suspend, or revoke permits for violations of alcohol sales to minors. Tison further stated that it is often difficult to perform a background check if a person has a common name, it usually requires more investigation to determine that the background is applicable to the actual person making the request. Currently the fee for an alcohol sales permit is $25 per year.
After considerable discussion by the ACC members and staff, Mr. Phipps moved to deny a recommendation regarding the removal of backgrounds for alcohol sales permits. Ms. McMichael seconded the motion, and the vote was unanimously in favor. Ms. McMichael moved to recommend to the City Commission that City Code Section 3-34 regarding alcohol sales permits, be amended to specify that a holder of an alcohol sales permit who is convicted or pleads guilty (including a please of nolo contendere) to the
offense of selling or furnishing alcohol to a person under 21, would have their alcohol sales permit revoked. This would apply to any one offense within a five year period. Currently, the city code states that these permits will be revoked only if there are two offenses within a one year period. Mr. VanMeter seconded the motion, and the vote was unanimously in favor. This ordinance amendment will be placed on first reading before the City Commission July 22, 2024.
