---
date: 2003-05-15
title: May 15, 2003 Minutes
source: 2003-05/2003-05-15_May 15, 2003_Minutes.pdf
pages: 1
---

May 15, 2003

CITY OF STOCKBRIDGE
HENRY COUNTY, GEORGIA MAY 15, 2003

A Special Meeting of the Stockbridge City Council was held on May 15, 2003. Mayor R. G. Kelley presided
and members present were Harold Cochran, Fred Evans, W. A. Gardner, Steve Moon and Fletcher Turner.

Harold Cochran made a motion to convene; W. A. Gardner seconded, and passed unanimously.

KORNER BP, SADRU M. ALI

Mayor Kelley opened the Special Meeting for the purpose of a hearing pursuant to Code Section 9.04.760 of
the Municipal Code for the City of Stockbridge to consider possible revocation or suspension of the license
for the sale of alcoholic beverages to a minor.

John Webb, City Attorney, advised the Council that the Korner BP Store located at 155 East Atlanta Road
within the City Limits and subject to the City Code. The President/Owner of the Korner BP Store is Sadru M.
Ali. He has a license to sell alcohol from his store. On February 27, 2003 Officer Johnson, Henry County
Police Department, observed an employee of the store, Meghjani Hussain, serve alcohol to a minor in
violation of section OCGA Section 3-3-23A1. One of the elements that have to be established is that an
employee of the store violated either a state law or a City Ordinance, in this case, both.

According to the City’s code section 9-04-760A, the City must show due cause at this hearing. The hearing
has to be held after providing the licensee at least three (3) days written notice and the notice has to provide
the time, place of the hearing, purpose and charges. That was done on April 29, 2003, Mayor Kelley notified
Mr. Ali via Certified Mail and we have a return receipt showing that he received the mail of the charges against
the Korner BP and notice of this hearing, the location of the hearing and the time of the hearing and was also
notified that the purpose of the hearing is to determine if there was due cause for the sanctions and what
sanctions if any should be imposed upon the Korner BP Store.

The purpose this hearing is there due cause. What sanctions should be imposed. If you look at Code Section
9.04.760B, it tells you what due cause is. For violation of the federal law, the state law and city ordinance
regulating the business. Specifically, violation of any federal, state or city law regulating the sale of alcohol
specifically includes the alcohol to minors. The state law is 3-3-23A1 which says that except as authorized
by law no person knowingly, directly or through another person shall furnish, cause to be furnished, or permit
any person such person employee to furnish any alcoholic beverage to any person under 21 years of age
which is exactly what happened in this case.

In addition to that there is a City Ordinance 9.04.580 which says that any employee of a licensee should
check the identification of any person when selling or otherwise providing alcoholic beverages and failure
results in the sell to underage person is a violation and that is also what has occurred here. There are two
different avenues where you can find due cause, violation of state law and city ordinance. If the Council finds
that due cause exists in this case the Council is authorized to impose sanctions. The sanctions range
anywhere from probation up to twelve (12) months, suspend the license up to twelve (12) months, revoke
their license all together or the Council can impose a fine up to $5,000 or any combination.

Once the Council reaches a decision, that decision must be reduced to writing and delivered to the licensee
within ten (10) days. That must be done by certified mail.

Melik Gaulani was present representating the Korner BP. Mr. Gaulani reported that Mr. Ali was late because
of traffic. Council waited thirty-five (35) minutes for Mr. Ali to appear but he was still delayed in traffic,
therefore, the hearing continued without Mr. Ali.

Office Johnson was sworn-in to testify in this case. Brock Johnson stated his name for the record. Mr.
Johnson is employed by the Henry County Bureau of Police Services for three years and he is a Post Certified
Police Office. Mr. Johnson said that on that day, he and other members of the Henry County Narcotic Unit
along with the Department of Revenue were conducting alcohol buys in the area of Stockbridge. They
focused on twenty-four (24) stores in the area and the Korner BP was just one on the list. Mr. Webb asked
if they had someone with them that was under the age of 21 years old. Mr. Johnson responded that they
had a six-teen (16) male, Daniel Plunkett. Plunkett is used by the Department of Revenue for alcohol and
tobacco buys. Mr. Johnson stated that he observed Daniel Plunkett pick-up a twenty-two (22) ounce of Ice
House, walked directly to the counter and Mr. Hussain did not ask for ID and exchanged for the purchase
and Plunkett exited the store. Ice House is an alcoholic beverage. Mr. Hussain at the time was an employee
of the store.

Mayor Kelley asked if the twenty-four (24) stores were in Stockbridge or just in the area. Mr. Johnson
responded that they covered the entire area and some stores were in Stockbridge. They had problems with
three stores, one (1) in the City and two (2) in the County.

If the Korner BP has anything to say now is the time to speak up. Sadru M. Ali, President of Korner BP Store,
explained the he saw the tape and his employee looked confused. The minor, Daniel Plunkett, who
purchased the beer, had on a thick jacket. The cash register will not allow them to sell alcohol or tobacco
without entering the date of birth. Mr. Ali told the Council this is his first offense in four (4) years that he has
owned the business.

Mr. Webb asked if he has taken any corrective actions so this won’t happen again. Mr. Ali responded that
they train each employee but he will put more attention on this matter so it won’t happen again.
Signs are posted all over the store and they are supposed to check all ID but Hussain failed to check the ID
for the under aged person. Mr. Ali said he does not understand how this could happen since you have to
have a special key to ring up alcohol and tobacco. Mayor Kelley suggested Mr. Ali check to make sure there
is not a by-pass key.

Mr. Webb asked what age is the clerk selling alcohol at the counter. Mr. Ali responded that he is
approximately thirty-five 35 year old and he is a local resident of the area. Mr. Ali told the Council that he
has been checked by Henry County and the Georgia Alcohol and Tobacco in the past and they have written
letters congratulating him on not selling to minors.

Mr. Ali advised that it was too late to retrieve the date of birth entered in the cash register for Mr. Plunkett.

John Webb went over the options available to the Council. The Council can go for probation of up to twelve
months, include a fine, and issue a suspension or a revocation or any combination.

Mayor Kelley recommended 12 months probation and $1,000 fine to be paid within thirty days.

Harold Cochran made a motion to place the Korner BP, 155 East Atlanta Road under a twenty (12) months
probation and a $1,000 fine to be paid within 30 days; Fletcher Turner seconded, and passed unanimously.

Mr. Ali will receive a letter of notification within ten days of this hearing.

Harold Cochran made a motion to adjourn; Fletcher Turner seconded, and passed unanimously. Meeting
adjourned at 5:50. P. M.

Respectfully submitted,
Merle Manders, CMC R. G. Kelley
City Clerk
