---
date: 1998-08-31
title: August 31, 1998 Minutes
source: 1998-08/1998-08-31_August 31, 1998_Minutes.pdf
pages: 1
---

August 31, 1998

CITY OF STOCKBRIDGE
HENRY COUNTY, GEORGIA AUGUST 31, 1998

A Special Meeting of the Stockbridge City Council was held on August 31, 1998 at 9:00 A.M. and Mayor
Kelley presided. Members present were Harold Cochran, G. W. Evans, W. A. Gardner, Ronnie Simmons
and Fletcher Turner.

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

OLD BUSINESS

ALCOHOL ORDINANCE. A. J. Welch, City Attorney, advised that the Alcohol Ordinance has been
completed after many reviews and revised drafts. The last matter to delay completion of the ordinance was
a ruling from Federal Court concerning notice and procedure in order to terminate or restrict any type of
alcoholic beverage licensing. This ruling came into existence when the City was considering adoption of a
new alcohol ordinance. The ordinance has been changed to comply with the recent rulings of the Federal
Courts. Mr. Welch discussed the highlight of the new Alcohol Ordinance.

The first section is definitions. The beer, wine and distilled spirits package sales, alcohol by the drink, and
Sunday sales have been combined into one ordinance. If you are holding a license in the City for the sale
of beer, wine or distilled spirits by the drink, that license will remain in full force and effect until January 1,
1999. On January 1, 1999 the licensee must reapply each year and make sure they meet the requirements
of the new ordinance.

The areas that have been designated by the City for distilled spirits sales are:

1. Those portions of Mount Zion Boulevard and Highway 138 lying west of I-75;
2. Those portions of Highway 138 and North Henry Boulevard lying east of I-75;
3. Those portions of Eagle’s Landing Parkway/Hudson Bridge Road from their intersection
with the west right-of-way line on Highway 42 to the west city limits line.

Additional areas would be sites located on streets or roads that are within five hundred (500) feet of the
designated streets.

The building facility will have a showroom area with a minimum of five thousand (5,000) square feet.
Additional five hundred (500) square feet of storage. If beer and wine are to be sold in the same building
facility, there must be an additional five hundred (500) square feet of showroom and an additional five
hundred (500) square feet of storage space.
Dealers shall maintain a minimum inventory of at least three hundred thousand ($300,000) dollars, in
wholesale value, in distilled spirits available for sale at all times. Dealers must have fifteen thousand
($15,000) in inventory in malt beverage and wines for sale at all times.

If a person is charged with a violation of this ordinance, notice will be sent to them giving notice of a hearing,
no earlier than three days. The Mayor has the right to appoint a hearing officer. The hearing officer would
hear the case, a transcript of the hearing will be made and the evidence gathered. The hearing officer will
make a written recommendation to the Council. The Council will consider the written recommendation of
the hearing officer and then will only hear comments from both sides, the person charged and the
prosecutor. The Mayor and Council will decide the issue based upon the record.

Under this ordinance there are specific times and penalties: suspension for no more than twelve (12)
months; probation for no more than twelve (12) months, provided that a licensee currently on probation
may have its probation extended for an additional twelve (12) months to begin at the end of the current
probationary period; revocation; and/or a civil penalty not to exceed five thousand ($5,000) dollars for each
violation.

Any person convicted of a violation of any provision of this chapter (except failure to pay taxes when due
under Article II), or entering of a plea of nolo contendere thereto, shall be punished by a fine not to exceed
One Thousand ($1,000) dollars, by twelve (12) months’ imprisonment, or by both such fine and
imprisonment for each violation.

Under Section 6, allows the Council to accept applications beginning August 31, 1998 through September
4, 1998 at 5:00 P. M. If the applicants who submit an application, fail to qualify for the three licenses
available, the application period may be reopened for another qualifying period at a later date set by the
Council.

Mr. Welch covered the basic information of the ordinance and Mayor Kelley opened the meeting for
questions.

Question: Regarding the size of the buildings, can it be detached, freestanding buildings?

Answer: The ordinance is drawn as if it is a freestanding building or consecutive rooms in a
strip mall.

Question: When will applications be available?

Answer: A copy of ordinance and application will be available immediately after the meeting.
Applications will be accepted through Friday, September 4, 1998.

Question: Will one license be issued in each of the three zones?

Answer: Yes

Harold Cochran made a motion to adopt Alcohol Ordinance, seconded by W. A. Gardner, passed
unanimously.

ABDUL PUJANI, AIJ CORPORATION, dba Stockbridge Amoco, 5180 North Henry Boulevard,
Stockbridge, Georgia was summoned to appear before the City Council at a hearing to determine if his
alcohol license should be suspended or revoked.
Saah Habibullah, salesperson, was convicted in Stockbridge Municipal Court for selling alcohol to a minor,
Steve Wise of Covington, Georgia.

A. J. Welch, City Attorney, noted that this is the first violation for this store and it has been the policy of the
City on first violation to place the license holder under a 12-month probation period. If the terms of the
ordinance are violated during the next twelve (12) months, then it will be an automatic revocation for twelve
(12) months.

W. G. Evans made a motion to place Mr. Pujani, AIJ Corporation, under a twelve (12) month probation
period, seconded by Ronnie Simmons, passed unanimously.

TRIBBLE AND RICHARDSON CONTRACT AGREEMENT. Adopt a Resolution authorizing the Mayor to
execute the Tribble and Richardson Contract Agreement, which has been reviewed and approved by A. J.
Welch, City Attorney. A report to EPD is due this week and the agreement needs to be executed.

Ronnie Simmons made a motion to authorize Mayor Kelley to execute the agreement with Tribble and
Richardson, seconded G. W. Evans, passed unanimously.

Ronnie Simmons made a motion to adjourn, seconded by G. W. Evans, passed unanimously. Meeting
adjourned at 9:45 AM.

Respectfully submitted,

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