Cave Spring City Council

CAVE SPRING CITY COUNCIL

WATER CLUB ALCOHOL LICENSE HEARING

JULY 9, 2012

4:00 P.M.

ATTENDANCE Mayor Rob Ware and Councilmembers Mary Littlejohn, Ken Landers, Nellie McCain

and Peggy Allgood attended the meeting. Councilmember Robin Clements was absent.

CALL TO ORDER Mayor Ware called the hearing to order.

WATER CLUB Mayor Ware opened by asking Zach Burkhalter to read the complaints brought against ORDINANCE the Water Club restaurant. Burkhalter noted that there were several complaints including

VIOLATIONS violations against Ordinance 113, Sections 1-B-8 (4), 1-B-8 (10), and 1-B-3 (c). These ordinances address consumption outside of permitted hours, prohibited signage, and consumption outside the premises as defined by said section. Jeff Myers, owner of the Water Club, asked to see any police reports documenting the violations. Ken Landers then produced an incident report from 10:20 p.m. on the evening of June 23rd. The incident report, cited 6-8 individuals outside of the establishment, but noted no visible sign of consumption outside of the premises. Jeff Myers then addressed the prohibited signage violation stating that as soon as it was brought to their attention, they corrected the problem. Chief of Police, Jerry Ely, noted that on June 28th, he personally let the Water Club owners know that they were in violation of the prohibited signage ordinance. K.C. Myers stated that after Officer Ely notified them of the violations, she posted a sign stating no alcohol was allowed outside and had no problem enforcing the rule so far.

Jeff Myers then stated he had some confusion of what ordinances they were in violation of, if any. He then followed up by speaking on behalf of the Water Club restaurant. Myers stated that their restaurant did nothing but benefit the community and felt that the atmosphere they have created at the restaurant invites visitors to the City. Myers added that as a member of the D.D.A. in Cave Spring, he felt it is their duty to build the economy of the City. He added again, that he and K.C. Myers now agree to the laws and the agreement they made when they received their business license. Ken Landers noted that they agreed to these laws and regulations when they received their license and they should have been aware that they were in violation. Jeff Myers asked if there was anything in the ordinance about receiving a verbal warning of violations. Mayor Ware responded that there is nothing to that effect in the ordinance. In this particular instance, a complaint was filed, therefore a decision was made regarding these violations. Mary Littlejohn asked if they could address the complaint that there were patrons on the premises after 10:00 p.m. K.C. Myers responded saying that they never stayed open past 10:00 p.m. and, if there were people there, they were employees still on the clock cleaning and closing for the evening. Nellie McCain asked that if she went down and ate and was there past 10, would they have to come by and remove her food and drink and ask her to leave the premises. Zach Burkhalter responded that in the ordinance it states that if you are open past 10:00 p.m. then you are in legal presumption that alcohol is being consumed. Nellie McCain asked if we set the 10:00 p.m. time limit. Ken Landers responded that we did set the time.

PUBLIC COMMENTS Mayor Ware opened the floor for public comments, but asked that they be kept brief and to the point.

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PETE MATHIS Pete Mathis, resident of Cave Spring and member of the Downtown Development Association, believes that with the new business came mistakes, but that they were not mistakes that warrant this type of consequence. Mathis noted that the ordinances should be reviewed and changed to fit the changing times.

MARTHA JANE Martha Jane Montgomery, landlord of the building in which Water Club is located, stated

MONTGOMERY that she is proud of the Myers for bringing the corner back to life. She wants to see that building thrive for the good of the community and thinks that the Myers should be given a chance to make this happen.

SCOTT BATES Scott Bates, citizen of Cave Spring, stated that he did not feel like they did anything wrong and that the Water Club is a good business for the City of Cave Spring.

ERIC HANEY Eric Haney, citizen of Cave Spring, stated that he feels the Water Club is a grand addition to the City. He made reference to what were once called “beer joints” adding that the Water Club is not this type of establishment. There have been no incidences reported in relation to alcohol being served at the Water Club. He believes they are start-up glitches.

He also noted that he does not want to create the perception that our city is laying in wait to “whack” a business.

JOHN JOHNSTON John Johnston, a resident of Cave Spring, expressed his disappointment with the Council for not working with the Myers to resolve this issue. Johnston thinks that what the restaurant does is bring in “good people” who might not otherwise visit the City.

DONNA STAPLES Donna Staples, local business owner, resident and D.D.A. boardmember in charge of economic development, stated that the City needs to get ready collectively to market to businesses like the Water Club. Staples would like to see a downtown area that thrives, brings money into the community and hopefully lifts some of the “black eyes” that the City has received. She added that it is very hard to accomplish this when everything coming out of Cave Spring media-wise is so negative, almost to the point of absurdity. She stated that we are in the “21st Century” and she feels that there are more important ordinances that should be in place instead of focusing on the one presented. As a merchant, she has experienced ups and downs of business and feels like Cave Spring is on an upward slope of growth. She reiterated that it is the 21st Century and it is time for the City to start thinking that way.

DIANNA EDWARDS Dianna Edwards Haney, citizen of Cave Spring, noted that Rome, Georgia addressed the

HANEY same issue and eventually changed the ordinances to fit the changing times. She believes that the people who frequent such places as the Water Club and Harvest Moon are not going to these establishments in order to “get loaded” as she referred to it. She made mention of an offer to the Water Club to relocate to Rome and feels like if we lose the restaurant, it would be detrimental to the entire town. Haney would like to see other

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businesses like this in the City, which in turn would help Cave Spring grow and flourish, and get rid of the “beer joint” mentality.

DOC KIBLER Doc Kibler, resident and business owner, would like to see a sense of cooperation between the governing body and business owners in Cave Spring, much like what the city of Rome promotes. He would like to see this reputation throughout the county, so that there is no worry of “darkened doorways”. Kibler feels like the city needs to promote this cooperation in order to bring new merchants into town because he feels it is one of the best places to own and operate a business.

JILL MAYNE Jill Mayne, citizen and employee of Water Club, noted that she is very grateful to the owners of the Water Club for giving her a chance to support her children and make a better life for herself.

DINA BISSONNETTE Dina Bissonnette, resident of downtown Cave Spring, is very proud of living in Cave Spring and now having a wonderful restaurant in the town. She stated that she has frequent visitors from out of town and is very proud to take them to dine at the Water Club. Bissonnette urged the Council to amend the 10:00 p.m. ordinance.

PHYLLIS CAMPBELL Phyllis Campbell, innkeeper for the Hearn Inn, spoke from a tourism standpoint. She stated that those who come to visit Cave Spring do not know the City’s ordinances. She noted that the Water Club has produced several customers for the Hearn Inn. She encouraged Jeff and K.C. Myers to come and open their business here. She praised the Myers for coming to Cave Spring and spending their money, time and effort to create the business they have.

COUNCIL DECISION Mayor Ware questioned whether or not the Council wanted to bring sanctions against the Water Club for the violations presented. Mary Littlejohn asked if it was correct that it does not have to be a police officer, but can be a public official that witnesses the violation. Zach Burkhalter cited that ordinance that this was correct. Littlejohn asked K.C. Myers how often they keep their business open past 10:00 p.m. and Myers responded that they never serve past 10:00 p.m. Littlejohn attempted to finish her comment but was told by Mayor Ware that the issue she was bringing up was not part of the infraction being discussed at this hearing. Littlejohn disagreed, but was told she would need to file another complaint in order to continue discussion on this matter. Littlejohn added that she personally saw a patron of the Water Club with what appeared to be a beer bottle on the sidewalk in front of the Water Club on the day of the Arts and Crafts Festival. K.C. Myers responded that she sells Abita Root Beer that is in a similar container as an actual beer. Mayor Ware then asked what the decision of the council would be as far as consequences for these infractions. Mary Littlejohn requested that the letter sent to the Water Club be read to reiterate the charges. Zach Burkhalter read a copy of the letter supplied by K.C. Myers. Nellie McCain stated that she feels like the situation requires nothing more than working out the problem and possibly changing the

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ordinance to suit the changing times. McCain compared the situation to a “witch-hunt” stating that she does not feel like it is her place to police the businesses. Peggy Allgood noted that she does enjoy eating at the Water Club and would like to see support for the

restaurant. She added, however, that there does need to be discussion of consequences for the infractions. Mary Littlejohn cited another incident involving a business in town violating the alcohol ordinance, in which they received a penalty of a three day license suspension and a fine of $1,200.00. Ken Landers stated that he knows they violated the ordinances and feels like there needs to be a consequence.

MOTION: Ken Landers made a motion to suspend the Water Club’s alcohol license for three days. Mary Littlejohn seconded the motion. Mayor Ware added that he did not feel like the punishment fit the crime and that a three day suspension of the Water Club’s alcohol license was punitive. Mary Littlejohn, Ken Landers and Peggy Allgood voted yes. Nellie McCain voted no. Mayor Ware acknowledged that the council had voted on what they felt was an appropriate consequence. He added that he reserves the right to veto this decision and would have consideration on the matter.

ADJOURN Mayor Ware adjourned the meeting.

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