The Alcohol Control Commission met this week in the City Commission Chambers of City Hall, 601 Broad Street.

Billy Cooper, Steve VanMeter, Taylor McMichael, Doug Phipps, Courtney Shepard, and Commissioner Robinson were present. Also present were Rome Assistant Major Rusty Blair and Assistant City Attorney Sam Lucas.

Minutes – January 21, 2025
The minutes of the January 25, 2025, meeting, as submitted in writing by the Secretary, were approved by unanimous consent.
Update on Alcohol Ordinances Secreatary Smith reported that on February 10, 2025, the Rome City Commission adopted the two alcohol ordinances recommended by the ACC at the January 21, 2025, meeting. The ordinance regarding the elimination of future food/drink ratio variances was approved by the City Commission with one no vote and one abstention. The ordinance regarding food truck sales to be allowed towards an establishment’s food/drink ratio, with restrictions, was approved via a five yes, three no, and one abstention vote by the City
Commission.

Diamante Jalisco Mexican Restaurant and Bar, 201 Broad Street The application of Mr. Hector Sanchez Pelayo, owner of Diamante Jalisco Mexican Restaurant and Bar, 201 Broad Street, was presented. Mr Pelayo requested that a new beer and liquor pouring license be issued to him at that location. Mr. Pelayo was present along with other members of his restaurant team. He stated that he currently has Mexican
restaurants with beer pouring in Lawrenceville and Lilburn, Georgia. This will be Mr. Pelayo’s first experience with the service of distilled spirits.


Mr. Pelayo stated that he expects to have six to seven employees at the restaurant and each employee will be trained on the TIPS online training program. He does not have plans for any live music or entertainment at this facility. After significant painting and cleaning of this facility, the expected opening date is early March. Mr. Pelayo lives in Lawrenceville, Georgia. His local agent was present at tonight’s meeting.
After a brief review of Rome’s food/drink ratio, mixed drink tax, and alcohol sales permit requirements, Ms. Shepard moved to approve the beer and liquor pouring license request at this location subject to the final inspection and approvals by the appropriate City officials. Ms. McMichael seconded, and the vote was unanimously in favor. When asked why he had chosen Rome for his next restaurant, Mr. Pelayo stated that he has family here and has operated a food truck in our city.

Mega Beverage, 42 Hicks Drive
Mr. Ravikumar Patel representing Mega Beverage, 42 Hicks Drive, was presented. Mr. Patel has previously received approval for the establishment of a liquor store at this site. This site was the former location of Fazoli’s Restaurant. Significant alterations and
additions to this building are being made as it is converted into a retail liquor store. Since Mr. Patel’s last approval by the Alcohol Control Commission is expiring, he needs an additional 180 day approval to give him enough time to complete his final plans prior to opening.
Mr. Van Meter moved to extend the approval of the beer, wine, and liquor package license at Mega Beverage, 42 Hicks Drive. Mr. Phipps seconded, and the vote was unanimously in favor.

Honeycream, 4 E 3rd Avenue
Mr. and Mrs. Michael Meyer were present representing Honeycream, 4 E 3rd Avenue. The Meyer’s are interested in adding wine to their establishment’s offerings. Secretary Smith reported that he has spoken with the Meyers in the past and initially was concerned that 4 E 3rd Avenue did not meet the distance requirements to the Presbyterian Church. Smith stated that upon further examination and an actual measurement that was taken by himself and Assistant City Attorney Sam Lucas, he did confirm that the Presbyterian Church grounds are in excess of 300 feet from this establishment. The Presbyterian’s Life Center, located across 3rd Avenue from the Presbyterian Church, is
more than 300 feet from Honeycream, however the nearest property of the Life Center parking lot is within 300 feet. The State of Georgia measurements for church buffers is taken to the actual church building. Smith pointed out that Rome’s downtown public consumption ordinance allows legal consumption of alcohol on the corner of 3rd Avenue and E 1st Street directly across from the church.


The Meyers described that they would like to add wine to their dessert offerings at their establishment. They have approximately six employees and understand that these employees would need to obtain City of Rome alcohol sales permits. The Meyers expect
their wine sales to account for no more than 5% of their total sales. They do not plan to offer wine by the bottle, only wine by the glass.
Mr. VanMeter moved to approve the wine pouring license request at Honeycream, 4 E 3rd Avenue as requested. Ms. McMichael seconded, and the vote was unanimously in favor.

Lucky’s Family Food Mart – 29 E. Main Street and Lucky’s One Stop Shop – 610 Calhoun Avenue
Mr. Parvez Nahiruddin Kadiwala representing Lucky’s Family Food Mart, 29 E Main Street and Lucky’s One Stop Shop, 610 Calhoun Avenue, was present. Mr. Kadiwala requested that a new beer package license be issued to him at each location. Secretary Smith explained that there has been a beer package license at each of these locations in the past. For many years, 29 E Main Street was the location of Big H Food Mart. The Big H Food Mart closed a few years ago and the building was damaged by a fire. Since Big H has closed, this application has received more scrutiny since Anna K. Davie Elementary School has located across the street from this facility. Secretary Smith confirmed that the nearest legally travelled route from the entrance door of Lucky’s Family Food Mart, 29 E Main Street, to Anna K. Davie Elementary School was in excess of 300 feet. It is also in excess of 300 feet from a church located north along E Main Street.


The facility at 610 Calhoun Avenue has been renovated and is now ready for operation according to Mr. Kadiwala. It was noted that Mr. Kadiwala’s wife is the licensee at 1102 5th Avenue Food Mart and Martha Berry Food Mart. Secretary Smith reported that he did receive renewal checks after the due date for both of Ms. Kadiwala’s locations. These checks have now been returned to the City of Rome due to insufficient funds. Mr. Kadiwala apologized for this issue and stated the checks would be made good with cash.

The ACC continued their discussion with Mr. Kadiwala regarding the particulars of his business. He stated that his planned hours of operation are from 8:00 a.m. – 10:00 p.m. each day and he expects four employees at each location. Mr. Kadiwala will also have coin operated amusement machines at each location along with surveillance cameras. He stated that all alcohol sales will require an ID, and the IDs will be scanned.


There was further discussion concerning Mr. Kadiwala’s request, and especially the E Main Street location. Secretary Smith added that Mr. Kadiwala had installed a chain link fence in order to meet the 300 foot nearest legally travelled route measurement to the school property.
Mr. Kadiwala stated that the EBT food assistance program does not allow the purchase of ready to eat food. However, Lucky’s Food Mart will have an approved cooking facility in which persons who buy frozen products at their facility, such as chicken, fish, shrimp, French fries, and pizza, can have that food cooked on site and it would be eligible for purchase through the EBT system.


Ms. Shepard moved to approve the beer package license request at both Lucky’s facilities subject to the final inspection and approvals by the appropriate City officials. Mr. VanMeter seconded, and the vote was approved by the following vote:
YES: VanMeter, Phipps, and Shepard
NO: McMichael
Ms. McMichael had questioned the practicality of the fence “loophole” and requested assurance that the EBT food sale plan was allowed by the State of Georgia.

Alcohol Service Permit Appeal – Christy Green
Ms. Christy Green was present to appeal her denied application to obtain a City of Rome alcohol sales permit. Ms. Green explained that she has had a felony conviction for drug possession within the last three years, thus making her ineligible for the alcohol sales permit.
Ms. Green explained that she has a job at Texas Roadhouse currently processing to-go orders and would like to move into food and beverage service with Texas Roadhouse.


Ms. Green also described her enrollment with the Superior Court DRC drug program. She displayed numerous certificates she has received through various component completions with this program. There was some discussion regarding the particulars of Ms. Green’s felony conviction. She initially stated that she has one conviction, however it appears that she may have multiple convictions of drug position including cocaine and methamphetamine. Ms. Green added that her supervisor at Texas Roadhouse had planned to be at tonight’s
meeting but had been unable to attend. It was also noted that Ms. Green has since been back to jail for a period of time following her failure to meet some of her probation requirements. Ms. Green’s explanation for this infraction was due to the death of her father.

After further discussion by the ACC, Mr. Phipps moved to approve Ms. Green’s alcohol sales permit appeal subject to the documentation submitted to the City Clerk from Texas Roadhouse stating their awareness of her felony convictions and her agreement to notify the City of Rome if she moves her employment to another pouring location beyond Texas Roadhouse. Mr. VanMeter seconded, and the vote was unanimously in favor.


Coin Operated Amusement Machines – State of Georgia Violations
Secreatary Smith reported that the Georgia Bureau of Investigations has conducted a lengthy investigation in Rome, and as a result, has cited twenty three establishments for illegal cash payouts from their coin operated amusement machines. According to the State reports, each of these establishments has been cited and will be required to attend an administrative hearing with the Georgia Lottery Commission.
A list of these establishments was given to the ACC members, and a map was on hand with these locations plotted.

Major Rusty Blair described some of the particulars of the GBI investigation. The investigation occurred over the past ten to twelve months and involved the Georgia Bureau of Investigation and the Georgia Lottery Commission. There was lengthy discussion concerning the City of Rome’s options moving forward with the knowledge of these COAM violations. The City of Rome’s May 2024 COAM ordinance addresses many items including some of the potential penalties due to COAM violations. Assistant City Attorney Sam Lucas stated that he and City Attorney Andy Davis continue to look at our ordinances, Georgia statute, and case law related to COAM violations and possible penalties. Alcohol penalty options as a result of COAM violations are also being reviewed.


City personnel are unaware if the COAM machines at these twenty three locations remain inactive or if the establishments have received permission from the Georgia Lottery Commission to reactivate them.

The ACC understands that more information will be forthcoming to them from the City Attorneys office after their investigation is concluded. License Hearings for these establishments is a distinct possibility