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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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:TropInc.FormalAppeal(1260:ABA14-01:TeriG.GalardiTrustee/JackGalardiforTropInc.


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Attachment:1.17.14PublicHearingNotice(1260:ABA14-01:TeriG.GalardiTrustee/JackGalardiforTrop


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2014-01-27 alcohol board - full agenda-1158

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