2014-01-27 Alcohol Board - Full Agenda-1158
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CITY OF BROOKHAVEN
ALCOHOL BOARD
Joseph Patin ChairmanAdam Caskey
Glianny Fagundo
Michael Arnette
Richard Grice
AGENDA
January 27, 2014 Regular Meeting
2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329
I) CALL TO ORDER
1. Roll CallII) ORGANIZATIONAL AND PROCEDURAL ITEMS
1. Discussion and Adoption of Alcohol Board of Appeals Rules and Procedure
III) NEW BUSINESS
1. ABA14-01: Teri G. Galardi Trustee/Jack Galardi for Trop Inc. D/B/A PinCorporate Boulevard, Brookhaven, Georgia 30328
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MEMORANDUM
MEETING OF: January 27, 2014
COMMITTEE: Alcohol BoardDEPARTMENT: City Clerk's Office
ISSUE/AGENDA ITEM TITLE:Discussion and Adoption of Alcohol Board of Appeals Rules and Procedures
BACKGROUND/SUMMARY:
FISCAL IMPACT: (Budgetedover 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 MEETIN
Section 1. Open Meetings. All hearings of the Alcoholic Beverage Appeals Hearin
be held in accordance with the provisions of Title 50, Chapter 14 of the Official Co
Annotated. The public shall be afforded access to meetings in compliance with Geo
Section 2. Visual and Sound Recordings. Visual, sound, and visual and sound re
be permitted for all public hearings, as long as such recordings are in accordance wi
Section 3. Quorum. A quorum must be present for conducting hearings of the Alcoh
Appeals Hearing Board. A quorum is a majority number (more the 50%) of the me
Alcoholic Beverage Appeals Hearing Board. Any member of the Alcoholic BeveHearing Board (hereinafter Board Member)may raise a point of order directed t
Officer or presiding officer if he or she believes that a quorum is not present. If, dur
of a hearing, a Board Member or Board Members leave and a quorum no longer exismay not continue. If a quorum is not attained within thirty (30) minutes, the he
rescheduled by the Hearing Officer, presiding officer, or Secretary with the approva
Members present.
Section 4. Hearing Officer. The Hearing Officer is appointed by the Mayor and the
and is the presiding officer of the Alcoholic Beverage Appeals Hearing Board.
officer, he or she is responsible for the orderly conduct of the hearing. In order to futhe Hearing Officer shall enforce the rules of procedure that are adopted by the Alcoh
Appeals Hearing Board. The Hearing Officer shall be impartial and conduct the heamanner. The Hearing Officer may name a Sergeant-at-Arms to assist in maintainin
conduct of the Alcoholic Beverage Appeals Hearing Board hearings. The Hearing Otreated as one of the Board Members for quorum and voting purposes, and the He
may vote on all matters before the Alcoholic Beverage Appeals Hearing Board.
Section 5. Presiding Officer. If the Hearing Officer is absent or otherwise unab
presiding officer at a hearing and a quorum of Board Members is present, the remMembers shall select a Board Member to serve as presiding officer of that meeting u
Hearing Officer is present at that meeting.
Section 6. Secretary and Parliamentarian. The Secretary shall be the City Clerk City Clerk and serve as the parliamentarian for Alcoholic Beverage Appeals H
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available to the general public at the regular hearing place of the Alcoholic Beve
Hearing Board. Prior to the establishment of a regular hearing place, the public n
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 phas been called to review one or more final actions of the issuing department pu
Brookhaven Alcoholic Beverages Ordinance, and shall open the public hearing. T
presiding officer shall call the first case and the Alcoholic Beverage Appeals H
(hereinafter, Hearing Board)shall consider each appeal on an individualbasis inprinted on thepublished agenda or as otherwiseapproved by the Hearing Board.
(b) Report of Staff. Upon opening the public hearing, the presiding officer seither the Finance Director or the Police Chief, as appropriate, or the designee of eit
provide a summary of the application and present the issuing departments deci
suspend or revoke the license or permit. The presenter shall with respect to each aporal statement of the findings. Any member of the Hearing Board, upon recog
presiding officer, may ask questions of thepresenter providing the report or recomm
(c) Appellant. Following the report of thepresenter, thepresiding officer shthe appellant or his or her agent, attorney, spokesperson, or each of them, who sha
explain the appeal. There shallbe a minimum timeperiod of ten (10) minutes per
public hearing for the appellant topresent data, opinions,evidence and cross examthe city shall not be obligated to provide the full ten-minuteperiod to the appellan
not to use that much time. Any member of the Hearing Board, upon recognition by
officer, may ask questions of the appellant or agent of the appellant.
(d) Rebuttal. At the conclusion of the appellants presentationthe Finance D
Police Chief, as appropriate, or the designee of either, shall be allowed a short op
rebuttal and final comment. Any member of the Hearing Board, upon recognitionbyofficer, may ask questions of the presenter, or of the appellant, his or her agent, orb
(e) Close of Hearing. After the above procedure has been completed, the prewill indicate that thepublic hearing is closed. Upon the closing of the public hearing
or his agent and any member of thepublic shall no longer address the Hearing Boar
including hand waving or motion for attention; provided, however, that at any tim
appropriate, thepresiding officer maypermit the Hearing Boardto ask questions dappellant, staff, or any particular speaker.
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of order. A Board Member should not speak at a hearing until he or she has been r
the presiding officer; notwithstanding the foregoing it should be understood the ind
members may ask questions of the appellants, parties, counsel and other spconversations between Board Members outside of the hearing proceedings duri
whether on or off topic, are not allowed. All comments made by a Board Member
the motion that is being discussed. The presiding officer shall enforce these rules of
Board Member believes that a rule has been broken, he or she may raise a point of oris not required. The presiding officer may rule on the question or may allow t
Beverage Appeals Hearing Board to debate the issue and decide by majority vote.
Section 10. Public Participation. Public participation in meetings of the AlcohoAppeals Hearing Board shall be permitted in accordance with the provisions of this
(a)Decorum. Members of the public shall not make inappropriate or offensivea Alcoholic Beverage Appeals Hearing Board hearing and are expected to comply
of decorum that are established for Board Members. Individuals violating any
Alcoholic Beverage Appeals Hearing Board may be ruled out of order by the presidon a point of order made by a Board Member. A majority vote of the Alcoholic Beve
Hearing Board shall rule on the point of order. An individual violating the rules of be removed from the meeting at the direction of the presiding officer.
Section 11. Order of Business. All regular Alcoholic Beverage Appeals Hearing Bo
shall substantially follow an established order of business. The order shall be as foll
1. Call to Order/Roll Call2. Approval of Minutes3. Organizational and Procedural Items4. New Business5. Adjournment
Section 12. Agenda. The City Clerk or his/her designee shall prepare an agenda of acted on for each hearing. The agenda shall be made available to the Alcoholic Beve
Hearing Board at least three (3) days before every Alcoholic Beverage Appeals H
hearing. The agenda of all matters to come before the Alcoholic Beverage Appeals Hshall be made available to the public upon request and shall be posted at the hearing
advance as reasonably possible, but not less than 24 hours prior to the start of the he
Section 13. Voting and Findings.
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(b) Findings. Findings of the Alcoholic Beverage Appeals Hearing B
forwarded to the relevant issuing department at the conclusion of the hearing.
department shall have the duty to notify the appellant of the action of the AlcohoAppeals Hearing Board.
Section 14. Abstentions. No Board Member shall abstain from voting except in
conflict of interest or if absent when a motion being voted upon was made. If a confdoes exist, the Board Member shall provide a specific explanation of the con
explanation shall be recorded in the journal.
Section 15. Minutes. The Secretary of the Alcoholic Beverage Appeals Hearing Bodesignee shall promptly record the minutes for each Alcoholic Beverage Appeals H
hearing. The minutes shall specify the names of Board Members present at th
description of each motion or appeal made at the hearing, the name of the Board Meand seconding each motion and a record of all votes. The name of each Board Mem
or against an appeal shall be recorded. More detailed information may be included
at the request of the Alcoholic Beverage Appeals Hearing Board.
The Alcoholic Beverage Appeals Hearing Board shall approve the minutes beforeconsidered as an official record of the Alcoholic Beverage Appeals Hearing Board
shall be open for public inspection once approved as official by the Alcoholic BeveHearing Board but in no case later than immediately following the next regular h
Alcoholic Beverage Appeals Hearing Board. A copy of the minutes from the pre
shall be distributed to the Alcoholic Beverage Appeals Hearing Board in the agendthe following hearing. The minutes of the previous hearing shall be corrected, if n
approved by the Alcoholic Beverage Appeals Hearing Board at the beginning of ea
majority vote is required for approval. Conflicts regarding the content of the min
decided by a majority vote. Upon being approved, the minutes shall be signed byOfficer and attested to by the Secretary of the Alcoholic Beverage Appeals Hearing
Section 16. Roberts Rules of Order. This document shall serve as the rules and proAlcoholic Beverage Appeals Hearing Board. In the absence of applicable rules an
which may from time to time be encountered during the public hearings, Roberts R
shall be followed.
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MEMORANDUM
MEETING OF: January 27, 2014
COMMITTEE: Alcohol BoardDEPARTMENT: City Clerk's Office
ISSUE/AGENDA ITEM TITLE:
ABA14-01: Teri G. Galardi Trustee/Jack Galardi for Trop Inc. D/B/A Pink Pony, 18Corporate Boulevard, Brookhaven, Georgia 30328
BACKGROUND/SUMMARY:
FISCAL IMPACT: (Budgetedover or under)
STAFF RECOMMENDATION:
ATTACHMENTS:
2014 Alcohol Renewal Application - Pink Pony (2)_Redacted (PDF) 12.23.12 Denial Letter (PDF) Trop Inc. Formal Appeal (PDF) 1.17.14 PublicHearingNotice (PDF)
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Attachment:2014AlcoholRenewalApplication-PinkPony(2)_Redacted(1260:ABA14-01:TeriG.
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Attachment:2014AlcoholRenewalApplication-PinkPony(2)_Redacted(1260:ABA14-01:TeriG.
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Attachment:2014AlcoholRenewalApplication-PinkPony(2)Redacted(1260:ABA14-01:TeriG.
Attachment:2014AlcoholRenewalApplicationPinkPony(2)_Redacted(1260:ABA1401:TeriG.
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Attachment:2014AlcoholRenewalApplication-PinkPony(2)Redacted(1260:ABA14-01:TeriG.
Attachment:2014AlcoholRenewalApplication-PinkPony(2)_Redacted(1260:ABA14-01:TeriG.
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Attachment:2014AlcoholRenewalApplication-PinkPony(2)Redacted(1260:ABA14-01:TeriG
Attachment:2014AlcoholRenewalApplication-PinkPony(2)_Redacted(1260:ABA14-01:TeriG.
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Attachment:2014AlcoholRenewalApplicationPinkPony(2)Redacted(1260:ABA1401:TeriG
Attachment:2014AlcoholRenewalApplication-PinkPony(2)_Redacted(1260:ABA14-01:TeriG.
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Ah2014AlhlRlAliiPikP(2)Rdd(1260ABA1401TiG
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December 23, 2013
Teri G. Galardi2146 Highway 42
Flovilla, GA 30216
Dennis Williams, VP, CFOTrop, Inc.
2555 Chantilly Drive
Atlanta, GA 30324
Ms. Galardi / Mr. Williams,
On November 25, 2013, the City of Brookhaven Business Licensing Office rletter from Attorney Aubrey T. Villines, Jr. with documents seeking a 2014 Alcohol
Renewal on behalf of licensee Teri G. Galardi Trustee/Jack Galardi for Trop Inc.
Pony at 1837 Corporate Boulevard in Brookhaven.
The application states that Teri Galardi is the license holder. But the Georgia
of Revenues alcohol licensing division advises that neither Teri Galardi nor Dennis
the licensee, and that the Department was not informed of the passing of Jack Galarcity license would not be valid without a current state license, Sec. 4-46(b), the appl
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
provisions of Chapter 4 of the Brookhaven Code within fifteen (15) days from the d
notice.
Sincerely,
Bonnie Kline
Director of Finance
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Attachment:1.17.14PublicHearingNotice(1260:ABA14-01:TeriG.GalardiTrustee/JackGalardiforTrop
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