2014-01-27 Alcohol Board - Full Agenda-1158

CITY OF BROOKHAVEN
ALCOHOL BOARD Joseph Patin Chairman Adam Caskey Glianny Fagundo Michael Arnette Richard Grice AGENDA January 27, 2014 Regular Meeting
2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329
8:00 PM
I) CALL TO ORDER 1. Roll Call II) ORGANIZATIONAL AND PROCEDURAL ITEMS 1. Discussion and Adoption of Alcohol Board of Appeals Rules and Procedures III) NEW BUSINESS 1. ABA14-01: Teri G. Galardi Trustee/Jack Galardi for Trop Inc. D/B/A Pink Pony, 1837 Corporate Boulevard, Brookhaven, Georgia 30328
City of Brookhaven
1/27/2014 8:00 PM
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MEMORANDUM
MEETING OF: COMMITTEE: DEPARTMENT: January 27, 2014 Alcohol Board City Clerk's Office
ISSUE/AGENDA ITEM TITLE: Discussion and Adoption of Alcohol Board of Appeals Rules and Procedures BACKGROUND/SUMMARY: FISCAL IMPACT: (Budgeted over or under) STAFF RECOMMENDATION: ATTACHMENTS:
Rules and Procedures-Alcoholic Beverage Appeals He (DOCX)
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RULES AND PROCEDURES FOR ALCOHOLIC BEVERAGE APPEALS HEARING BOARD MEETINGS Section 1. Open Meetings. All hearings of the Alcoholic Beverage Appeals Hearing Board shall be held in accordance with the provisions of Title 50, Chapter 14 of the Official Code of Georgia Annotated. The public shall be afforded access to meetings in compliance with Georgia law. Section 2. Visual and Sound Recordings. Visual, sound, and visual and sound recordings shall be permitted for all public hearings, as long as such recordings are in accordance with State law. Section 3. Quorum. A quorum must be present for conducting hearings of the Alcoholic Beverage Appeals Hearing Board. A quorum is a majority number (more the 50%) of the members of the Alcoholic Beverage Appeals Hearing Board. Any member of the Alcoholic Beverage Appeals Hearing Board (hereinafter Board Member) may raise a point of order directed to the Hearing Officer or presiding officer if he or she believes that a quorum is not present. If, during the course of a hearing, a Board Member or Board Members leave and a quorum no longer exists, the hearing may not continue. If a quorum is not attained within thirty (30) minutes, the hearing may be rescheduled by the Hearing Officer, presiding officer, or Secretary with the approval of the Board Members present. Section 4. Hearing Officer. The Hearing Officer is appointed by the Mayor and the City Council and is the presiding officer of the Alcoholic Beverage Appeals Hearing Board. As presiding officer, he or she is responsible for the orderly conduct of the hearing. In order to fulfill this duty, the Hearing Officer shall enforce the rules of procedure that are adopted by the Alcoholic Beverage Appeals Hearing Board. The Hearing Officer shall be impartial and conduct the hearings in a fair manner. The Hearing Officer may name a Sergeant-at-Arms to assist in maintaining the orderly conduct of the Alcoholic Beverage Appeals Hearing Board hearings. The Hearing Officer shall be treated as one of the Board Members for quorum and voting purposes, and the Hearing Officer may vote on all matters before the Alcoholic Beverage Appeals Hearing Board.
Section 5. Presiding Officer. If the Hearing Officer is absent or otherwise unable to serve as presiding officer at a hearing and a quorum of Board Members is present, the remaining Board Members shall select a Board Member to serve as presiding officer of that meeting until either the Hearing Officer is present at that meeting. Section 6. Secretary and Parliamentarian. The Secretary shall be the City Clerk or the Deputy City Clerk and serve as the parliamentarian for Alcoholic Beverage Appeals Hearing Board hearings. Section 7. Hearings. Hearings of the Alcoholic Beverage Appeals Hearing Board shall be held at a time determined by the City Clerk, and shall occur at any time that there is an agenda item to address. All hearings shall be held in the court chambers, provided however, that other sites are allowed prior to the opening of City Hall or as provided by other sections of this document. A notice containing the foregoing information shall be posted and maintained in a conspicuous place
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Attachment: Rules and Procedures-Alcoholic Beverage Appeals He (1264 : Discussion and Adoption of Alcohol Board of Appeals Rules and
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available to the general public at the regular hearing place of the Alcoholic Beverage Appeals Hearing Board. Prior to the establishment of a regular hearing place, the public notice shall be posted at the location at which the hearing will be held. Section 9. Hearing Procedure. (a) Opening of Public Hearing. The presiding officer shall indicate that a public hearing has been called to review one or more final actions of the issuing department pursuant to the Brookhaven Alcoholic Beverages Ordinance, and shall open the public hearing. Thereupon, the presiding officer shall call the first case and the Alcoholic Beverage Appeals Hearing Board (hereinafter, Hearing Board) shall consider each appeal on an individual basis in succession as printed on the published agenda or as otherwise approved by the Hearing Board. (b) Report of Staff. Upon opening the public hearing, the presiding officer shall recognize either the Finance Director or the Police Chief, as appropriate, or the designee of either, who shall provide a summary of the application and present the issuing departments decision to deny, suspend or revoke the license or permit. The presenter shall with respect to each appeal make an oral statement of the findings. Any member of the Hearing Board, upon recognition by the presiding officer, may ask questions of the presenter providing the report or recommendations. (c) Appellant. Following the report of the presenter, the presiding officer shall recognize the appellant or his or her agent, attorney, spokesperson, or each of them, who shall present and explain the appeal. There shall be a minimum time period of ten (10) minutes per appeal at the public hearing for the appellant to present data, opinions, evidence and cross examine witnesses; the city shall not be obligated to provide the full ten-minute period to the appellant if they elect not to use that much time. Any member of the Hearing Board, upon recognition by the presiding officer, may ask questions of the appellant or agent of the appellant. (d) Rebuttal. At the conclusion of the appellants presentationthe Finance Director or the Police Chief, as appropriate, or the designee of either, shall be allowed a short opportunity for rebuttal and final comment. Any member of the Hearing Board, upon recognition by the presiding officer, may ask questions of the presenter, or of the appellant, his or her agent, or both. (e) Close of Hearing. After the above procedure has been completed, the presiding officer will indicate that the public hearing is closed. Upon the closing of the public hearing, the appellant or his agent and any member of the public shall no longer address the Hearing Board in any way, including hand waving or motion for attention; provided, however, that at any time considered appropriate, the presiding officer may permit the Hearing Board to ask questions directly to the appellant, staff, or any particular speaker. (f) Decision. After the public hearing is closed, the Hearing Board shall vote upon the appeal. Section 9. Decorum. All Board Members shall conduct themselves in a professional and respectful manner. All remarks shall be directed to the presiding officer and not to individual Board Members, staff, or citizens in attendance. Personal remarks are inappropriate and may be ruled out
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of order. A Board Member should not speak at a hearing until he or she has been recognized by the presiding officer; notwithstanding the foregoing it should be understood the individual board members may ask questions of the appellants, parties, counsel and other speakers. Side conversations between Board Members outside of the hearing proceedings during a hearing, whether on or off topic, are not allowed. All comments made by a Board Member shall address the motion that is being discussed. The presiding officer shall enforce these rules of decorum. If a Board Member believes that a rule has been broken, he or she may raise a point of order. A second is not required. The presiding officer may rule on the question or may allow the Alcoholic Beverage Appeals Hearing Board to debate the issue and decide by majority vote. Section 10. Public Participation. Public participation in meetings of the Alcoholic Beverage Appeals Hearing Board shall be permitted in accordance with the provisions of this section. (a) Decorum. Members of the public shall not make inappropriate or offensive comments at a Alcoholic Beverage Appeals Hearing Board hearing and are expected to comply with the rules of decorum that are established for Board Members. Individuals violating any rules of the Alcoholic Beverage Appeals Hearing Board may be ruled out of order by the presiding officer or on a point of order made by a Board Member. A majority vote of the Alcoholic Beverage Appeals Hearing Board shall rule on the point of order. An individual violating the rules of decorum may be removed from the meeting at the direction of the presiding officer. Section 11. Order of Business. All regular Alcoholic Beverage Appeals Hearing Board meetings shall substantially follow an established order of business. The order shall be as follows: 1. 2. 3. 4. 5. Call to Order/Roll Call Approval of Minutes Organizational and Procedural Items New Business Adjournment
Section 12. Agenda. The City Clerk or his/her designee shall prepare an agenda of subjects to be acted on for each hearing. The agenda shall be made available to the Alcoholic Beverage Appeals Hearing Board at least three (3) days before every Alcoholic Beverage Appeals Hearing Board hearing. The agenda of all matters to come before the Alcoholic Beverage Appeals Hearing Board shall be made available to the public upon request and shall be posted at the hearing site as far in advance as reasonably possible, but not less than 24 hours prior to the start of the hearing. Section 13. Voting and Findings. (a) Voting. The passage of a motion on the (i) denial of the issuance or renewal of any license pertaining to the sale of alcoholic beverages in the city; (ii) revocation or suspension of any license pertaining to the sale of alcoholic beverages in the city; (iii) denial of the issuance of permits pertaining to employment in a licensed establishment; and/or (iv) revocation or suspension of an employee permit to an employee of a licensed establishment shall require a majority vote of the Board Members. Such voting shall be by raising of hands.
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(b) Findings. Findings of the Alcoholic Beverage Appeals Hearing Board shall be forwarded to the relevant issuing department at the conclusion of the hearing. The issuing department shall have the duty to notify the appellant of the action of the Alcoholic Beverage Appeals Hearing Board. Section 14. Abstentions. No Board Member shall abstain from voting except in the case of a conflict of interest or if absent when a motion being voted upon was made. If a conflict of interest does exist, the Board Member shall provide a specific explanation of the conflict, and the explanation shall be recorded in the journal. Section 15. Minutes. The Secretary of the Alcoholic Beverage Appeals Hearing Board or his/her designee shall promptly record the minutes for each Alcoholic Beverage Appeals Hearing Board hearing. The minutes shall specify the names of Board Members present at the hearing, a description of each motion or appeal made at the hearing, the name of the Board Member making and seconding each motion and a record of all votes. The name of each Board Member voting for or against an appeal shall be recorded. More detailed information may be included in the minutes at the request of the Alcoholic Beverage Appeals Hearing Board. The Alcoholic Beverage Appeals Hearing Board shall approve the minutes before they may be considered as an official record of the Alcoholic Beverage Appeals Hearing Board. The minutes shall be open for public inspection once approved as official by the Alcoholic Beverage Appeals Hearing Board but in no case later than immediately following the next regular hearing of the Alcoholic Beverage Appeals Hearing Board. A copy of the minutes from the previous hearing shall be distributed to the Alcoholic Beverage Appeals Hearing Board in the agenda package for the following hearing. The minutes of the previous hearing shall be corrected, if necessary, and approved by the Alcoholic Beverage Appeals Hearing Board at the beginning of each hearing. A majority vote is required for approval. Conflicts regarding the content of the minutes shall be decided by a majority vote. Upon being approved, the minutes shall be signed by the Hearing Officer and attested to by the Secretary of the Alcoholic Beverage Appeals Hearing Board. Section 16. Roberts Rules of Order. This document shall serve as the rules and procedures of the Alcoholic Beverage Appeals Hearing Board. In the absence of applicable rules and procedures which may from time to time be encountered during the public hearings, Roberts Rules of Order shall be followed.
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MEMORANDUM
MEETING OF: COMMITTEE: DEPARTMENT: January 27, 2014 Alcohol Board City Clerk's Office
ISSUE/AGENDA ITEM TITLE: ABA14-01: Teri G. Galardi Trustee/Jack Galardi for Trop Inc. D/B/A Pink Pony, 1837 Corporate Boulevard, Brookhaven, Georgia 30328 BACKGROUND/SUMMARY: FISCAL IMPACT: (Budgeted over or under) STAFF RECOMMENDATION: ATTACHMENTS:
2014 Alcohol Renewal Application - Pink Pony (2)_Redacted 12.23.12 Denial Letter Trop Inc. Formal Appeal (PDF) (PDF) (PDF)
1.17.14 PublicHearingNotice (PDF)
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Packet Pg. 8 Attachment: 2014 Alcohol Renewal Application - Pink Pony (2)_Redacted (1260 : ABA14-01: Teri G.
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December 23, 2013 Teri G. Galardi 2146 Highway 42 Flovilla, GA 30216 Dennis Williams, VP, CFO Trop, Inc. 2555 Chantilly Drive Atlanta, GA 30324 Ms. Galardi / Mr. Williams, On November 25, 2013, the City of Brookhaven Business Licensing Office received a letter from Attorney Aubrey T. Villines, Jr. with documents seeking a 2014 Alcohol License Renewal on behalf of licensee Teri G. Galardi Trustee/Jack Galardi for Trop Inc. d/b/a Pink Pony at 1837 Corporate Boulevard in Brookhaven. The application states that Teri Galardi is the license holder. But the Georgia Department of Revenues alcohol licensing division advises that neither Teri Galardi nor Dennis Williams is the licensee, and that the Department was not informed of the passing of Jack Galardi. Because a city license would not be valid without a current state license, Sec. 4-46(b), the application is denied without prejudice to re-filing after the state license issue is corrected. You have the right to appeal this denial to the alcohol beverage review board under the provisions of Chapter 4 of the Brookhaven Code within fifteen (15) days from the date of this notice. Sincerely,
Bonnie Kline Director of Finance Cc: Aubrey T. Villines, Jr. (via email, atvill7@msn.com)
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Attachment: 12.23.12 Denial Letter (1260 : ABA14-01: Teri G. Galardi Trustee/Jack Galardi for Trop Inc. D/B/A Pink Pony)
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Packet Pg. 27 Attachment: Trop Inc. Formal Appeal (1260 : ABA14-01: Teri G. Galardi Trustee/Jack Galardi for Trop Inc.
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Packet Pg. 54 Attachment: 1.17.14 PublicHearingNotice (1260 : ABA14-01: Teri G. Galardi Trustee/Jack Galardi for Trop

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CITY OF BROOKHAVEN

1.17.14 PublicHearingNotice (PDF)

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