---
date: 1998-11-16
title: November 16, 1998 Minutes
source: 1998-11/1998-11-16_November 16, 1998_Minutes.pdf
pages: 1
---

November 16, 1998

EXECUTIVE SESSION

EXECUTIVE SESSION

CITY OF STOCKBRIDE
HENRY COUNTY, GEORGIA NOVEMBER 16, 1998

GROUNDWATER EXPLORATION (WELLS) A. J. Welch advised that Ted Strickland, G. W. Evans, Ronnie
Simmons, A. J. Welch, and Bill White, engineer, Stevenson & Palmer met with Mozell Mitchell. We have a
new drawing that shows that we are getting about 15 acres of title to land that she owns and 15 acres of
easement area. The Mitchell’s were asking $125,000 in their offer but under that offer, we were getting title
to about twenty-four (24) acres of land and getting easements for about five (5) or six (6) acres of land. The
Mitchell’s are now down to $90,000 to settle and convey to the City.

Bill White’s recommendation is that we need to go ahead and move. Mr. Welch has only one problem going
ahead, which is where Bill White has designated an area where there is potentially a potential well site and
that well site has not been drilled yet and we don’t know whether we are going to get any water out of it. Mr.
Welch suggest the Council consider paying the $90,000 for the property and the easements and have an
agreement that says that if we drill a well in this particular location and we do not get sufficient water that we
need, we have the right to move it to any other location that we want as long as its along the hundred year
flood plain or inside the hundred year flood plain, where we would have one more shot at trying to get water.
That was the site where they were going to drill free and if it created enough water then we would pay for
drilling. Mr. Welch reminded the Council that they previously decided to do was to put the other wells in and
get them operating where we would know what kind of production we had, where if they hit this well and the
others stopped producing or produced less, we would have manes of dealing with the bores.

Mr. Welch said when we get the 15 acres, the City will swap seven (7) acres for seven (7) with the Henry
County Board of Education.

Mr. Welch said he would contact Mozell Mitchell and make this proposal to her.

NITA INVESTMENTS dba TEXACO FOOD MART, NITA SARDANA. Mr. Welch advised Council that they
could discuss the facts of the case in Executive Session but then vote in public session what they want to
do. The Council can revoke the license up to two (2) years. If the Council decides to revoke the license, it
should be for a specific period of time. Fine can be up to $5,000. The Council can put them on probation or
you can put a combination of the two. As an example, the Council can revoke for thirty (30) days and fine
and put on probation. The Council has a combination of things they can do. Mr. Welch does not think the
decision ought to be made on the fact that this location has had previous revocations before. There is
obviously a family that that is passing the licenses around among themselves to try to avoid the stacking up
of charges against them. Under the new ordinance, you can revoke for one sale, if that’s what the Council
wants to do. You don’t have to but have some areas of flexibility if you find the committed the offense.

Mayor Kelley said revoking their license appears to be the only thing to get their attention. Council discussed
the different punishments.

Council decided to suspend their license until January 1, 1998, removing all alcohol from their shelves and a
fine of $2,500 to be paid by November 20, 1998. Mrs. Johnson noted that if the City suspends the license,
the City is required by law to put the Georgia State Revenue Commissioner on notice of the suspension. The
suspension will go into effect 12:00 midnight November 17, 1998 through December 31, 1998.

Motion to end Executive Session was made by Harold Cochran, seconded by G. W. Evans, passed
unanimously.

SPECIAL MEETING

CITY OF STOCKBRIDGE
HENRY COUNTY, GEORGIA NOVEMBER 16, 1998

A Special meeting of the Stockbridge City Council was held November 16, 1998 at 5:00 P. M. Mayor Kelley
presided and the members present were Harold Cochran, G. W. Evans, W. A. Gardner, Fletcher Turner
and Ronnie Simmons.

Harold Cochran made a motion to convene, seconded by G. W. Evans, passed unanimously.

Mayor Kelley announced that this meeting was called for the purpose of a hearing regarding Nita
Investments dba Texaco Food Mart, Nita Sardana, 4475 North Henry Boulevard, Stockbridge, Georgia. On
August 18, 1998, employee, Ravi Kanotoa was accused of selling alcohol to a minor. On October 22, 1998,
Judge Ernest Blount, Stockbridge Municipal Court, found Mr. Kanotoa guilty of selling to a minor.

A. J. Welch, City Attorney, introduced his associate, Katharyne Johnson. Johnson read the charge and
pleas. Nita Investments is charged with violation of City Ordinance 9.04.580, Verification of Age, which
reads:

A. It is a violation of this code for any agent, officer, or employee of a licensee to fail to properly check the
identification of any patron, member or guest when selling or otherwise providing any alcoholic beverages,
which failure results in an underage person being sold or served or have in his possession while on the
licensee's premises, any alcoholic beverage.

B. Any person violating the provision of this section shall be punished as provided for by Section 9.04.780.
C. Notwithstanding any criminal prosecution which may result from a violation of this section, any licensee
employing any officer, agent or employee who fails to comply with the provisions of subsection A of this
section, which failure results in an underage person being sold or served or to have it in his possession
while on the licensee's premises an alcohol beverage may have its license revoked.

Mrs. Johnson presented the following Exhibits:

Exhibit 1-A is an Affidavit of Service of Notice personally served on Nita Sardana, the licensee.

Exhibit 1-B which is an affidavit of Personal Service of the business premises, Texaco Food Mart, 4475
North Henry Boulevard, Stockbridge, Georgia.

Exhibit 2, a certified copy of the Citation No.055844 and the back copy, a certified copy of the Judge's entry
of guilty.

Exhibit 3, a certified copy of the Occupation Tax and License and Alcohol 1B Wine Package License issued
to Nita Investments dba Texaco Food Mart, Nita Sardana, January 1, 1998 and Alcohol 1A Beer Package
Store issued to Nita Investments dba Texaco Food Mart, Nita Sardana, January 1, 1998.

Katharyne Johnson asked Mrs. Sardana how she pleads to the charges? Mrs. Johnson advised that Mrs.
Sardana can plea guilty or not guilty, there is no "no contest" plea.

Nita Sardana, owner and Subhas Batra, store manager said they train their employees very well and do no
understand how this could happen and the court has found Ravi Kanotoa guilty of selling to a minor. Sabhas
Batra said that after having been found guilty by the court they feel they cannot say anything more than
what has been decided by the court.

Eric Wilson was called as a witness. Mrs. Johnson asked Mr. Wilson to swear from the testimony that he
gives before the Mayor and City Council to be the truth. Officer Wilson stated that his testimony would be
the truth and stated his name for the record, Eric J. Wilson, Special Agent, Narcotic Unit, Henry County
Police Department.

Mrs. Johnson asked Officer Wilson, if on August 18, 1998 he had the occasion to be at the Texaco Food
Mart, 4475 North Henry Boulevard, Stockbridge, Georgia? Officer Wilson replied that he was present. Mrs.
Johnson asked what if anything happened? Officer Wilson replied that he was conducting underage alcohol
surveillance throughout the county and were at that location. He sent in an underage confidential informant
(CI). The CI was 17 years old at the time of the transaction. He went inside, picked up a sixteen (16) ounce
of Budweiser beer and went to the counter to pay for it. Officer Wilson went in behind the CI and asked for
a book of matches. The CI purchased the beer and there was no identification asked for at all.

Mrs. Johnson asked Officer Wilson if he saw with his own eyes the individual make the purchase of beer?
Officer Wilson responded yes. Mrs. Johnson instructed Mr. Wilson to tell the Mayor and Council how he
knows this individual to be 17 years old. Mr. Wilson said that prior to doing alcohol buys, he checked the
identification of the subject they were using as a CI and verified through dispatch to check the records to
make sure he has no kind of felonies, checked his vehicle to make sure he has no contraband or anything
on his vehicle. He was wired so they could listen to the transaction.

Mrs. Johnson asked Officer Wilson what efforts were made by the cashier at the store to check this
individual's ID? Officer Wilson said there was no attempt at all. And, would it be fair to say that the purchase
of alcohol was made on the premises of Texaco Food Mart, 4475 North Henry Boulevard? Officer Wilson
replied, yes. Mrs. Johnson ended her questions of Officer Wilson.
Mrs. Johnson called Nita Sardana for cross-examination. Mrs. Sardana was sworn-in by Mrs. Johnson.
Mrs. Johnson asked Mrs. Sardana to state her name for the record. Mrs. Sardana replied Nita Sardana.

Mrs. Johnson asked if Mrs. Sardana was the license holder at Texaco Food Mart, 4475 North Henry
Boulevard? Mrs. Sardana replied that she has been the owner since January, 1998. Mrs. Johnson asked
if Mrs. Sardana knew who was the previous license holder for this business? Mrs. Sardana replied that it
was Rajib Sardana. Mrs. Johnson asked Mrs. Sardana if she is a relative of Mr. Sardana? Mrs. Sardana
responded that he is her husband. Mrs. Johnson ended here questions of Mrs. Sardana.

A. J. Welch asked Mrs. Sardana if her husband still owns the business known as Sonia's Texaco? Mrs.
Sardana answered no. Mr. Welch asked if Mr. Sardana transferred that business to her, Mrs. Sardana?
Mrs. Sardana answered yes. It was transferred to her in January 1, 1998. Mr. Welch asked Mrs. Sardana
when did she apply for her license? She applied for the license in December, 1997. Mr. Welch asked who
owns the property? Mrs. Sardana responded that it is owned by Baton Jackson and she rents from them.
Mr. Welch ended his questions of Mrs. Sardana.

A. J. Welch stated that at this time the owner has the right to put up any evidence she wishes to bring
forward. Anyone that wishes to testify they need to do so at this time. Mrs. Sardana replied that they do
not have anyone to testify. Mr. Welch asked is there is anything they would like to say on the record. Mr.
Subhas Batra said that they know this is a very serious thing and strict instructions are being given and are
being reminded regularly to check ID. This is not such a big thing to them what for us is our livelihood as a
business. When he is there, he makes sure they are properly checking each and every sale. We have
made a mistake and we try to stress on each and every time to check identification.

Mr. Welch asked Mr. Batra if he is related to Rajib Sardana, the prior license holder? Mr. Batra replied only
distantly. His wife's sister's relation.

Mrs. Nita Sardana said that they try to emphasize on all employees that selling beer or cigarettes to
underage children will not be tolerated. Every day she is in the business she checks to see that they are
checking IDs and even if they are checking IDs, she tells them to make sure to check IDs not when I am
here but all the time. I tell them every single day. As a business owner she does not know how else they
can train them. If the Council has any ideas, please let them know, because she has to pay for an employee
who does not follow directions. She personally does not think that is very fair. She can tell the Council how
much they emphasize this thing to their employees. She stated that she is very sorry that he did do that.

Mayor Kelley said the Council will take this testimony under advisement and Mrs. Sardana will be notified
within fifteen (15) days with a written notice of their decision.

PARADE ORDINANCE. Mr. Welch presented a new Parade Ordinance. After review and discussion by
the Council, Harold Cochran made a motion to approve new Parade Ordinance, seconded by W. A.
Gardner, passed unanimously.

EXECUTIVE SESSION: Motion was made by Harold Cochran to go into Executive Session, seconded by
G. W. Evans, passed unanimously.

Harold Cochran made a motion to reconvene, seconded by G. W. Evans, passed unanimously.

NITA INVESTMENTS dbs TEXACO FOOD MART. After discussing testimony from the Hearing, Council
decided to suspend the license until January 1, 1998, removing all alcohol from their shelves and a fine of
$2,500 to be paid by November 20, 1998. The suspension will go into effect 12:00 midnight on November
17, 1998 through December 31, 1998. Harold Cochran made the motion, seconded by G. W. Evans,
passed unanimously.
MITCHELL PROPERTY. Harold Cochran made a motion to authorize A. J. Welch to present the Council's
offer to purchase property from Mozell Mitchell in the amount of $90,000.00, seconded by G. W. Evans,
passed unanimously.

Harold Cochran made a motion to adjourn, seconded by G. W. Evans, passed unanimously. Meeting
adjourned at 6:45 P. M.

Respectfully submitted,

Merle Manders, CMC R. G. Kelley
City Clerk Mayor
