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19800730SCMeeting1 1 1 60 Tybee Island, Georgia July 30, 1980 A special called meeting of the Tybee Island City Council was held at 7:00 p.m. on Wednesday, July 30, 1980 at City Hall for the purpose of reviewing two recent Recorder's Court cases. Mayor M.J. Counihan presided and the following members of Council were pre- sent: William C. Fleetwood, Jack Owen, Jim Fabrikant, Julianne Meyers, Jerome Bettencourt and Nick C. Alexander. The City Attorney, W. Lance Smith, was also present. Mayor Counihan opened the meeting by announcing that the attorney for Mr. Benny Cone had contacted the City Attorney and can- celled his request to appear before the Council. Mayor Counihan then announced that Council would consider evidence in the case of Mr. Ronald Reed, license holder for Hot Dog City. He stated that an employee of Mr. Reed's had been convicted of selling beer to a minor. The Tybee Island Code of Ordinances, Section 9 -2 -5, states that the license holder is held responsible and that the license may be revoked. Mayor Counihan stated that he personally feels that the license should be revoked, that he feels that Hot Dog City fails to meet all the regulations of the County Health Department and that it has been a trouble spot. He stated that he has personally worked hard to improve the image of the 16th Street area and believes that the town would be improved by the closing of this business. City Attorney Lance Smith stated that he and Mr. Reed's attorney, Mr. Zipperer, had agreed that the conviction was just and that Mr. Zipperer waived the right to a re- hearing of all evidence 1 1 61 as presented in the Recorder's Court. Councilman Fleetwood stated that he believed this matter could have waited until the regular August meeting; he is not in favor of special called meetings unless they are absolutely necessary. Councilman Owen moved that the judge summarize the case as it was presented in Recorder's Court and Jim Fabrikant seconded. The vote was unanimously in favor. Mr. Smith then stated that a young lady, an employee of Hot Dog City, sold beer to a female minor. He personally heard the arresting officer's testimony and the testimony of the minor. No fine was imposed at that time. Councilman Fleetwood asked if there have been any other complaints against this establishment? The City Attorney stated that he knew of none personally, but this could be checked with police. Mayor Counihan stated that he has heard complaints, es- pecially believes that health department officials have stated that outside screens should be installed. City Attorney Smith then stated, for the benefit of those in the audience, that this hearing is a municipal hearing and does not have any bearing on the report sent to the State Department of Revenue. The State of Georgia can, and may, take independent action. Councilman Bettencourt asked if Mr. Reed had informed his employee of the laws concerning the sale of alcoholic beverages. Mr. Smith replied that he did not know. Mr. Zipperer then stated that the employee had been instructed. He further stated that the employee had been terminated immediately and that this is the only time such an incident had happened. He said that the minor was 17 years of age, and that this does not excuse the breaking of the law 1 1 1 but is not so flagrant a violation as selling to a younger child would have been. He stated that Mr. Reed is unaware of any health department violation. He further stated that no license holder can always be on the premises of his business and that action was taken immediately when Mr. Reed became aware of the violation. He stated that a new manager of the business has been hired, and that this manager is present and available for questioning by Council. Mayor Counihan questioned whether the new employee has a bar card and was answered that the card has been applied for. Councilman Bettencourt stated that he believes similar incidents have happened, and are continuing to happen, at other loca- tions on the beach. Councilman Owen replied that he knows of no other violations but that since this is a first offense he believes the license holder should be allowed to retain his license with the understanding that any further infraction will result in the immediate revocation of the license. Councilman Fleetwood stated he is concerned about possible health department violations, but believes some leniency should be shown in the case of a first offense. However, he further stated that other license holders should be warned that this does not automatically give each of them the right to one offense. Councilman Owen .'replied that steps should be taken to be certain that the license holder is in compliance with health department rules and regulations. Mayor Counihan instructed the Clerk to notify the health department that we wish a report from them after reinspection of the premises. Councilman Fleetwood then moved that Councilman Owen's 1 1 1 63 recommendation of six month's probation and a new health department inspection be required by the Council. Councilman Owen seconded the motion and it carried unanimously. There being no further business, the meeting was adjourned. CLERK OF COON IL Ifi�� 'YOR `