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Pouring License Special Event Facility - 3228 Powder Springs Road - Georgia Palms and Gardens LL867
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Background:
Georgia Palm and Gardens, LLC managed by Ida Kroell is requesting an alcohol license for a Special Event Facility, located at 3228 Powder Springs Road. The property was formerly used as a Special Event facility called “The Sullivan House”. The facility operated as a special event facility until 2018, but discontinued their alcohol license in 2011.
Code Provisions:
This application was advertised in the Marietta Daily Journal on August 30, 2019 and September 2019 per the requirements of Section 3-113. There are no outstanding taxes.
Section 3-34 enumerates the type of licenses that may be issued by the city, including the following:
(1) Pouring distilled spirits;
(2) Pouring wine and malt beverage;
(3) Pouring for special events facility;
(4) Package distilled spirits;
(5) Package wine and malt beverage;
(6) Wholesale alcoholic beverages;
(7) Manufacturer; and
(8) Temporary special event permit.
The code contains the following definitions:
Special events facility means any public place kept, used, maintained, advertised and held out to the public as a place which serves as a location for special events, including, but not limited to wedding receptions, anniversary receptions, bar/bat mitzvah receptions, birthday parties, annual events, and other such parties or receptions. Such locations shall include, but not be limited to reception halls, conference centers, and banquet centers which have applied for and been issued a special events facility license.
Special events permit means a permit to serve alcohol at a special event to be held at a licensed special events facility. Such special event permit shall be required to serve alcohol at any special events facility and shall valid only on the dates specified on the permit.
Section 3-70 authorizes issuance of special events permits at licensed special events facilities. The licensed facility must secure an annual license to enable a person to apply for a daily special event permit for the drinking, but not the sale, of alcohol for special events. Daily special event use permits are allowed only at licensed special events facility. This license is annual and permits the holder to serve alcohol under a daily special event permit on the date specified in the permit. There must be an annual special events facility permit before a person may apply for a daily special event permit.
An application for annual facility license may be filed any time. Application for the daily special event must be filed not less than 14 days nor more than 60 days before the date on which the event is proposed. In addition to the requirements for all other licenses under the code, the application for an annual facility license must contain the following information:
• The location of the premises on which alcoholic beverages are proposed to be served;
• The nature and proposed use of the premises on which the applicant proposes to serve alcoholic beverages (i.e., business establishment used for wedding receptions);
• The estimated number of special events during a calendar year on which the applicant proposes to serve alcohol on the premises;
• Any additional information which the city shall find reasonably necessary to a fair determination as to whether a permit should be issued.
For the daily special event, the applicant must include the following:
• The name, address and telephone number of the person seeking to conduct the special event;
• If the special event is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of this organization;
• The nature of the special event (e.g. wedding, reception, holiday celebration, etc.);
• The name, address and telephone number of the person who will be the special event chairman and who will be responsible for its conduct;
• The date when the special event is to be conducted, and whether the special event will extent over a series of days;
• The hours when the special event will start and terminate; and
• Any additional information which the city shall find reasonably necessary to a fair determination as to whether a permit should be issued.
Section 3-70 state that the city may issue the special event facility license and daily permit if the city finds:
• The conduct of the special event will not substantially interrupt the safe and orderly conduct of any individuals in, around or near the situs of the special event;
• The conduct of the special event will not require the diversion of so great a number of police officers of the city properly to police the areas contiguous thereto as to prevent normal police protection to the city;
• The conduct of the special event is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance;
• The applicants for the permit have not violated the terms of any previous special event permit granted to them and have not caused undue traffic congestion and police problems under any previous special event permit.
Additionally, the office of permits and licenses or the chief of police may impose any additional requirements which are necessary and reasonable, given the nature, location, date and time of the event to ensure the safety and comfort of the attendees and the nearby residents and businesses, including, but not limited to, specified hours or days of operation, and requiring the permit holder to provide one (1) or more off duty police officers to maintain order and control traffic flow.
Given the provision in Section 3-70 that this section is in addition to the requirements for all other licenses under the code, other code provisions are noted below:
Section 3-120 of the Code of Ordinances relates to distance requirements such that the location of the proposed premises for a license for pouring wine and beer and the distance to the nearest school is six hundred (600) feet, and to the nearest church or residence located three hundred (300) feet, and to the nearest church, park, public building, library or residence located within one hundred (100) feet. The applicant has submitted an application for variance concurrent with this request.
Sec. 3-121 states that no license shall be granted to any applicant or remain held by any licensee or agent who does not qualify as one of the following: a citizen of the United States; a resident alien; or a legal alien for a period of at least one (1) year. The applicant has submitted an affidavit under the Systematic Alien Verification for Entitlements (SAVE) program. Ms. Kroell has completed her SAVE affidavit.
Section 3-116 authorizes the council to deny a license if any of the following conditions exist:
(1) The applicant has been adjudicated as incompetent or has insufficient mental capacity to conduct the business for which the application is made;
(2) The applicant has been discharged from military service under conditions other than honorable;
(3) The applicant has had any license previously suspended or revoked;
(4) The applicant or any corporation of which the applicant is or was an officer, director, shareholder, or managing agent is delinquent in the payment of taxes or license fees;
(5) The applicant as a previous or current holder of a license to sell alcohol has been convicted of violating any laws regulating such business if such conviction or arrest occurred within 5-year period immediately preceding the date of application;
(6) The applicant within a 5-year period preceding the date of application has been convicted of any felony;
(7) The applicant has been convicted of more than one misdemeanor, including traffic violations involving the use or abuse of alcohol, opiate or drug within the preceding 3 years.
Ms. Kroell has completed a background check using fingerprints. The background was checked on 8/27/19 and revealed no issues.
Section 3-117 provides standards that govern issuance of licenses for the sale of alcoholic beverages, which include:
(1) Where there is evidence that, even though there is compliance with the minimum distances from schools and churches, the type and number of schools or number of churches in the vicinity causes minors to frequent the immediate area;
(2) Where there is evidence that the location or type of structure could create difficulty in police supervision;
(3) Where there is evidence that there are no licenses granted in the area or where there is evidence that the proposed area is adequately supplied with such licenses;
(4) Where there is evidence that a license for the location would be detrimental to the property values in the area;
(5) Where there is evidence that the license in the location would be detrimental to traffic conditions or that there is a lack of sufficient parking spaces for automobiles. Sufficient parking shall mean not less than one (1) parking space for each two hundred (200) square feet of gross floor area and otherwise in conformance with the zoning ordinance and regulations of the city. However, a licensee shall have sufficient parking on the premises so as to provide parking for his customers and so as to prevent parking on the streets or adjoining property;
(6) Where there is evidence that the licensee or the spouse is related to any distributor or wholesaler of malt beverages or employees thereof, within the first degree of consanguinity or affinity as computed according to the civil law, so that there might be special concessions granted licensee to give him a competitive advantage over others not similarly privileged;
(7) Where there is evidence that alcoholic beverages have been sold to intoxicated persons or to a minor;
(8) Where there is evidence that the conducting of the business creates a disturbance, congregation of intoxicated persons, congregation of minors, allows minors to purchase, drink or possess alcoholic beverage on the premises, or causes the police to answer complaints or make extra surveillance of the premises. More than three (3) minors without supervision of a parent or one authorized by a parent shall be prima facie a congregation of minors.
(9) In addition to the above and in determining whether or not any license applied for shall be granted, the following shall be considered in the public interest and welfare:
a. If the applicant is a previous holder of a license, the manner in which he conducted the business thereunder as to the necessity for unusual police observation and inspection in order to prevent the violation of any law, regulation or ordinance relating to such business.
b. The location for which the license is sought as to traffic congestion, general character of neighborhood and the effect such an establishment would have on the adjacent and surrounding property values.
c. The number of licenses already granted for similar businesses in the trading area of the place for which the license is sought.
Recommendation:
Staff recommends approval of the application.