HomeMy Public PortalAbout19850214CCMeeting1
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Tybee Island, Georgia
February 14, 1985
The regular monthly meeting of the Tybee Island City Council was
held on Thursday, February 14, 1985 at Tybee City Hall. Mayor Charles
J. Hosti called the meeting to order at approximately 7:30 p.m. The
following members of Council were present: Chris Solomon, David McCutchen,
S. J. Orsini, John C. Wylly, Jr., Jeanne Hutton and Paul Jackson. The
City Attorney, Thomas J. Mahoney, Jr., was also present.
The first item of business was a public hearing for a rezoning
petition filed by Jane E. Kohel, who was represented by her husband, Frank
D. Kohel. The property is located at 1113 -1115 Highway 80, and is within
the newly annexed (1983) area of the city. Mr. Kohel explained that his
wife had bought the property with plans of building a home there; the county
did not allow residences in commercial districts, and the present residential
zoning is therefore a result of a rezoning while the property was within the
county's jurisdiction. This request is actually for a reversion to former
zoning and would be within conformance with the neighboring properties.
The PIN # of the property is 4 -26 -03 -003 and consists of Lots 10, 11, and
a portion of 12.
Mayor Hosti explained the procedure of a public hearing, and asked
if anyone favoring the Kohels': petition wished to speak. No one came forward.
He then asked for those in opposition, with similar results.
The City Council had no questions and the Mayor referred the matter
over into the business portion of the meeting.
Mayor Hosti then asked if others wished to speak to the Council. Mr.
Cecil B. deLorme came forward and explained that he owns Lot 1 on Second
Street (oceanfront property). On February 4th he petitioned Planning Commission
for permission to sell a rental unit on the lower floor by means of the
State's Condominium law. This was also deferred to the regular business
meeting.
Mrs. Faye Lucas was the next speaker. She told Council that there
are very young school children waiting in near darkness for school buses
in areas she thinks are isolated and wooded. She also said that others are
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Tybee Island, Georgia
February 14, 1985
Page Two
crossing U.S. Highway 80 to get to the grammar school and to St. Michael's.
Some are on bikes, some walking, but all are small. She asked if the City
Council could have a police officer in the area for the thirty minutes or so
that these children are exposed to traffic and other hazards. Mayor Hosti
thanked Mrs. Lucas for her concern, and referred her question to the Police
Committee, asking them to consider the question.
The meeting was then opened for business legally presented.
Mrs. Phyllis Cary, City Treasurer, was recognized and explained that
she has one piece of real estate to be sold for unpaid taxed (fifa). The
property was described as PIN # 4 -05 -14 -004, an empty lot owned by C. T.
and B. A. Knight. The amount of taxes owed: $165.69 plus advertising costs
of $6.30, making the total due $171.99. There were no bids from the audience.
Rowena Fripp, Clerk of Council, bid the amount of $171.99 for the City of
Tybee Island. Councilperson Wylly then asked the City Attorney to explain
the procedure according to the State Code and this was done. Mayor Hosti
congratulated Mrs. Cary, saying that the list had begun with approximately
t 80 overdue accounts and Mrs. Cary had collected all but one. He called this
an excellent job, and thanked her for her hard work and dedication.
Mayor Hosti then stated that Mike Kelly's name has been nominated for
q$ a "Citizen of the Month" Award and asked the Council's pleasure. Council -
person Solomon moved, Councilperson Hutton seconded and the motion to award
the certificate passed unanimously. This action will take place at the March
meeting.
Minutes of the meeting of January 10th were unanimously accepted upon
the motion of Councilperson Orsini, seconded by Councilperson Wylly.
Bills for the month of February were approved as follows: Recreation -
$1,297.47, Fire & First Responder - $1,077.32, Public Works /Sanitation -
$9,942.23, General Government - $6,974.58, Police - $5,437.18, Water /Sewer -
$13,207.25.
Communications were then read as follows: a letter to Senator Tom
Coleman from Commissioner Ledbetter dated 2/5/85; a letter to Commissioner
from Senator Coleman, dated 1/31/85; a letter to Mayor Hosti from the Chatham
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Tybee Island, Georgia
February 14, 1985
Page Three
Delegation dated 2/6/85 and a letter to Mayor Hosti from Governor Harris
dated 2/7/85. These letters dealt with the following subjects respectively:
the possibility of inclusion of Tybee Island in the Commissioner's five -year
plan for parks and recreation; a thank -you to Tybee's officials for partici-
pating in Savannah Day in Atlanta; and a thank -you from Governor Harris for
the Mayor's support of his education plan for the state.
The next item of business was a request from Hobie Fleet 294, Bert
B. Barrett, Jr., Vice - Commodore, to host an Annual Points Regatta on June
1st and 2nd. The location would be, as in the past, Center Street, and
extra trash barrels and traffic control were also requested. Councilperson
Solomon moved to approve the request, Councilperson Wylly seconded and the
motion passed without dissent.
The Tybee Island Chamber of Commerce was represented by Charles
Masterpoulis and Earl Anderson, its new President. Their request was two-
fold: 1) an extension of the variance for the Welcome Center for another
year, and 2) a race on Sunday, March 17th, as a part of the St. Patrick's
Day festivities. Mr. Anderson explained that the Chamber has found a person
willing to pay half the utilities and answer telephone inquiries if allowed
to rent one room for a business (Kingston Homes). It was explained that no
sales will take place from the location, only inquiries answered and litera-
ture or information passed to prospects. Councilperson Wylly moved to
permit the continued use of the temporary location for another year and
Councilperson Solomon seconded. During discussion Councilperson Hutton
stated that she does not believe it fair or consistant to allow variances
for some and not for others and that she further believes that granting
this variance will encourage others to seek the same treatment. The vote
was five (5) to one (1) with Councilperson Hutton casting the dissenting
vote.
The second matter of Chamber business, that of the St. Patrick's Day
race was then discussed. It will be called the Tybee Shamrock Fun & Run
and will be a five kilometer race and take place between 9:00 and 10:00 a.m.
Shirts for participants will be given out at the Community House. The City
Attorney has approved a waiver which each participant will be required to
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Tybee Island, Georgia
February 14, 1985
Page Four
sign to protect the city from suit in case of injury. All runners will
be over 18 years old. Councilperson Hutton asked if a traffic problem
might be caused and Earl Anderson answered that a plan will be made with
the approval of the police and the police department will have imput
into choice of route. Councilperson Solomon moved to permit the race,
Councilperson Hutton seconded and the motion passed unanimously.
Councilperson Orsini announced that there are two applications
for alcohol beverage licenses: 1) Huntley Jiffy Stores, Inc., and 2)
Subs & Suds, on the strand next to Christy's. The manager for Jiffy
Stores would be Tom Vaughan and the manager for Subs & Suds would be
Paul G. Corbin. Police Department checks have been run on both appli-
cants with no negative information received and the police department,
as is their usual practice, stated that they have no reason to ask for
denial of the licenses. Councilperson Hutton stated, after a motion
to approve by Councilperson Orsini, seconded by Councilperson Solomon,
that she would like to talk a little about the large number of licenses
for alcohol beverages allowed. She questioned if it is possible to look
into limiting the number of these licenses in some way. In the mean-
time, she moved that! the motion to approve be tabled to allow time for
study. A vote was taken and the motion to table passed by a vote of
four (4) [Hutton, Orsini, Jackson, McCutchen] to two [Solomon and Wylly].
This vote was for tabling both requests. Police Commissioner Orsini
asked it a moratorium, perhaps of one year, could be instituted by
Resolution of Council. The City Attorney doubted that such an action
could be legally upheld. Mayor Hosti then appointed a committee to
investigate these requests further. The committee consisted of Police
Commissioner Orsini as chairman, John Wylly and Jeanne Hutton. Paul
Jackson's name was considered but Mr. Wylly objected because Mr. Jackson
is himself the holder of an alcohol license; he was then asked to serve
instead.
The lengthy reading of the Alcohol Beverage Control Ordinance was
read in its entirety. Councilperson Hutton moved its adoption on Second
Reading, Councilperson Jackson seconded and the motion passed unanimously.
Copies will be circulated to all holders of licenses for alcohol sales.
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Tybee Island, Georgia
February 14, 1985
Page Fiie
The first reading of a change in the Personnel Ordinance was read.
The amendment was to Code of Ordinances, Section 2 -4 -6, Paragraph (d),
Probationary Period. The change is the lengthening of the probationary
period to six months rather than three months. After the reading Council -
person Solomon moved its adoption, Councilperson Hutton seconded and the
vote was unanimously in favor. Councilperson Solomon then moved that a
Second Reading, by titles only, be held. This was unanimously agreed upon,
and the Second Reading was also unanimous, The ordinance therefore, becomes
effective as of this date; a copy is attached to and becomes a part of,
these minutes.
Councilperson Hutton then introduced amendments to the sign ordinance
that have been suggested by the Georgia Department of Transportation to
bring our local ordinance into compliance with the state law. These
changes were read and Councilperson Hutton then moved the adoption with
a second from Councilperson Orsini. Councilperson Solomon asked if the
Planning Commission has recommended anything, and a letter from the
Commission Chairman, Jeff Dukes, dated 2/5/85 was read indicating a
recommendation for approval. It was explained that a few signs qualified
for grandfather clauses and that the city cannot give final approval for any
sign on state rights of way. Charles Masterpoulis asked about fences and
Earl Anderson spoke briefly of the Zoning Board of Appeals decisions re-
garding signs and the fact that some of the variances denied may not be
valid. It was mentioned that there is a state law which covers the visibility
at intersections, so that the city does not necessarily have jurisdiction
over this, although in cases where traffic safety is concerned the Police
Department traditionally has imput. The vote was unanimously in favor.
Councilperson Hutton then moved that the Second Reading of the
amendments take place immediately, reading by titles only. Councilperson
Solomon seconded and the motion passed unanimously. The Second Reading
also passed unanimously - the motion to approve was by Councilperson Orsini,
seconded by Councilperson Hutton.
Councilperson Wylly noted that a budget amendment is needed and called
attention to the fact that the contingencies fund has a change of only $4,000.
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Tybee Island, Georgia
February 14, 1985
Page Six
He said this was an excellent indication that the budget has been carefully
followed; he then moved that the budget amendments be adopted, noting that
these amendments are for the last three months of the present fiscal year
which ends in April. City Treasurer, Mrs. Phyllis Cary, can provide copies
to anyone interested. This was unanimously accepted by the City Council
with the understanding that a question concerning any line item could be
brought to the Finance Committee in the next few days.
On the Kohel re- zoning, Councilperson Solomon moved its approval;
Councilperson Hutton seconded and the motion passed without dissent.
The petition of Cecil DeLorme to sell a lower apartment of a four -
unit building on Second Street and the Strand under the Georgia Condominium
Law was accepted by the City Council without dissent after a reading of
the recommendation of the Planning Commission.
Councilperson Hutton reported that the committee for the new library
facility on Tybee is making progress. She said that. the Chatham County
Commissioners have asked for a feasibility study from CEL Regional Library
and that she is very hopeful that the project will move rapidly.
Councilperson Wylly reported that Senator Tom Coleman has written
to Congressman Lindsay Thomas asking for an annual federal appropriation
for beach erosion; it is hoped that both federal and state budgets will
fund the project. Mayor Hosti noted that the riprap placement against the wall
at the south end will begin within two weeks. Walter Parker spoke from
the audience to ask two questions: 1) are steps planned across the riprap?
Mayor Hosti answered that, due to difficulty in mounting them stably, steps
will not be placed at 18th Street. There will be steps at 17th and 16th
Streets. Mr. Parker's second question: is it necessary to close the entire
parking lot during the construction? Mayor Hosti answered that it is his
intention to keep access open insofar as possible, noting that the city is
not supervising the project - the Corps of Engineers is. He promised to do
his best to keep as much of the public area open as possible.
Councilperson Solomon reported that the fishing pier committee is
working and that the next step is an easement from the state which the city
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Tybee Island, Georgia
February 14, 1985
Page Seven
Attorney is preparing.
Mayor Hosti thanked the Council for their hard work.
City Attorney Mahoney reminded everyone that the suit against the
city filed by the "Friends of Tybee" is proceeding and that he will report
to the city officials privately concerning it.
Councilperson David McCutchen said that the fund - raising campaign
for the "Jaws of Life" was successful; the drive lasted two weeks and the
equipment will be delivered shortly. He stated that this equipment will be
demonstrated for the benefit of the fire department on Saturday, two weeks
from now, and invited any of the audience who are interested to come and
watch. He thanked the public for their quick response to the need for
this piece of equipment.
Mayor Hosti agreed, thanking all who contributed, and adding that he
hopes it is a piece of equipment we will never have to use.
Upon motion by Councilperson McCutchen, the meeting adjourned.
C�Lfes.?4 Dec-
CLERK OF COUNC
CLERK OF COUNC L
CHARLES J. HOSTI
MAYOR
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Ordinance
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AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA, AMENDING THE TYBEE
ISLAND CODE OF ORDINANCES, SECTION 9 -2 -5 Responsibility and Penalty for
Violations.
BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL IN
OPEN MEETING ASSEMBLED, THAT SECTION 9 -2 -5 OF THE TYBEE ISLAND CODE OF
ORDINANCES BE DELETED IN ITS ENTIRETY;
AND IT IS FURTHER ORDAINED THAT THE FOLLOWING SHALL BE INSERTED IN ITS
STEAD:
SECTION 9 -2 -5 Responsibility and Penalty for Violations.
ADOPTION OF STATE LAW.
The Mayor and Council hereby adopt all laws, rules and regulations
as set forth in the laws in the State of Georgia.
SECTION I: REGISTRATION OF ALCOHOLIC BEVERAGE, ETC., BUSINESSES.
Prior to or at the time of submitting an application, the applicant
for a license or permit issued under the terms of this Ordinance and the
owner of the proposed business shall submit themselves to the police
department for fingerprinting.
It shall be unlawful for any person or the holder of any wholesale
liquor, beer or wine licenses or the holder of any retail liquor, beer
or wine licenses to operate thereunder any place of business without
having a registration card signed by the Chief of Police, City of Tybee
Island.
SECTION II: REGISTRATION CARDS REQUIRED FOR EMPLOYEES.
(1) All employees shall within seventy -two (72)- hours after the
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date of their first work in an establishment covered under the terms of
this Ordinance report to the Police Department for the purposes of being
fingerprinted.
00104
(2) The Chief of Police shall furnish to each qualified employee
an identification card with pertinent information thereon relating to
the height, weight, hair color, eye color, date of birth, Social
Security number, photograph of the holder of such identification card.
A fee in the amount of $10.00 shall be charged for the preparation of
such identification card. It shall be the responsibility of the
employer to see that the employees are carrying with them an
identification card at all times they are working. Said identification
card will expire on December 31st of each year, and the employee must
renew said identification card, and said card must, at all times, be in
the possession of such person affected hereunder for him to be eligible
to engage in such business.
SECTION III: NOTIFICATION OF TERMINATION OF EMPLOYMENT.
It shall be unlawful for the holder of any bar registration card
set forth in Section II to fail to notify the Chief of Police, City of
Tybee Island or his representative when transferring' from the place of
employment shown on the bar registration card to another place of
employment requiring a bar registration card under this ordinance.
SECTION IV: PENALTY FOR VIOLATION.
Any person convicted of violating any of the provisions of this
ordinance shall be fined in a sum not exceeding One Hundred ($100.00)
Dollars, or Co be in prison not exceeding Thirty (30) days, either or
both or any portion or either or both in the discretion of the Judge of
Recorders Court, City of Tybee Island, and further, that upon the
conviction of any holder of any alcoholic beverage license for a
00105
violation of this ordinance, the Mayor and Council in their discretion,
if they see fit and proper, shall be authorized to revoke the license of
said person.
SECTION`:: PROHIBITION�S1y'.� +APPLICABLE TO MINORS.
. Ott .
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e } unlawful =for. any minor to buy from any person,
firm orcorporation.spirituous,,malt or vinous liquors or any
intoxicants.
(b) It shall be unlawful for any minor to.drink or possess in any
public place, on any public highway or place of public consort any
spirituous, malt or vinous liquors or any intoxicants.
(c) It shall be unlawful for any person to assist any minor in any
way in buying from any person, firm or corporation any spirituous, malt
or vinous liquors or any intoxicants.
ALCOHOLIC BEVERAGES
SECTION I: APPLICATION FOR LICENSE FOR LIQUOR SALES.
Every person, firm or corporation engaged within the city limits of
•the'City of Tybee Island that is engaged hereafter intending to carry on
any one or more such business in said City of Tybee Island, as '
aforesaid :shall, before engaging or continuing is said business, file
with'the.M,ayor' and Council an application for a permit or license to
conduct and carry on such business; said application shall set forth the
location of the building where such business is to be conducted.
00106
SECTION II: ISSUANCE OF LICENSE.
(a) The said Mayor and Council shall grant a license or permit
hereunder when the same is found to be in the public interest and
general welfare of the citizens of the City of Tybee. All persons,
films or corporations to whom such permit or license shall be issued
shall take such permit or license subject to the same being revoked at
any time as herein provided; such permit shall not be transferred
without the approval of the Mayor and Council. Permits or licenses so
granted shall expire at the end of each calendar year, and may be
renewed only in the manner and form as provided in the Ordinance for
originally granting of permits and licenses.
(b) The Mayor and Council, in determining whether or not any
license or permit applied for hereunder shall be granted, shall consider
the following standards as indicative of whether or not the granting of
said license or permit is in the public interest and general welfare:
(1) The applicant's reputation, character and mental and physical
capacity to conduct a business engaged in the sale of alcoholic
beverages;
(2) 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;
(3) The number of licenses previously granted for similar
businesses in: the.trading area of the place for which the license is
sought;
(4) The proximity of the location of said establishment to
schools, churches, libraries and other public buildings in the
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surrounding area;
(5) If applicant is a previous holder of a license to sell
alcoholic liquors, whether or not applicant or his establishment has
violated any law, regulation or ordinance relating to such business; and
(6) If applicant is a previous holder of a license to sell
alcoholic liquors, the manner in which business was conducted thereunder
requiring unusual police observation and inspection including the number
and frequency of complaints filed by citizens objecting to the manner of
conducting business at said location.
SECTION III: LICENSE FEES.
(a) The license or permit fees which were fixed and adopted and
assessed for the year are hereby affirmed against every person,
firm or corporation engaged in the business as may be hereinafter
defined.
(b) Every person, firm or. corporation engaged in, or who shall
offer to engage in, or transact, or offering to transact, any of the
kinds of business provided for in this Section, and in this Ordinance,
shall pay the license fees provided for and previously adopted Ordinance
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or license fee schedules.
SECTION IV: REGULATIONS FOR SALES BY THE DRINK.
Any person, firm or corporation issued a permit under the
provisions of: this Ordinance for the sale of alcoholic beverages.by the
drink shall be subject to the following regulations, to -wit:
00108
(1) All of the laws of the State of Georgia pertaining to the sale
of alcoholic beverages by Retail Liquor Dealers.
(2)• Shall not serve or sell to any intoxicated person.
(3) Shall not serve or sell to any minor.
(4) Shall not serve or sell any alcoholic beverages during the
.hours of an election on the day of an election held in said county
within the corporate limits of the municipality.
(5) Shall keep their place of business or establishment
sufficiently lighted so as to discourage any disorderly conduct on the
premises.
<6) The Mayor and Council reserve the right to promulgate
additional regulations or ordinances pertaining to the conduct of the
business of selling distilled spirits or alcoholic beverages for
beverage purposes by the drink and any person licensed hereunder shall
be subject to such additional regulations that may be:promulgated from
time to time by the Mayor and Council.
(7) All establishments duly licensed hereunder must fully comply
with.all sanitary requirements promulgated by. the City of Tybee Island..
(8) All musical units or amusement machines installed in any
establishments licensed hereunder must be properly registered with the
Clerk of Council.
(9) All transactions conducted on the premises of any
establishment licensed hereunder involving the sale or transfer of
alcoholic beverages must be for cash or. its equivalent. Credit
transactions are hereby declared to be illegal.
00109
SECTION V: REVOCATION OF PERMIT.
(a) The following shall be grounds for revocation of all alcoholic
beverage licenses:
(1) Failure of wholesaler or retailer to pay license or excise
taxes.
(2) Commission of any act in violation of the federal, state or
local laws or ordinances which would disqualify a person from obtaining
a license.
(3) Selling or distributing or buying alcoholic beverages on which
no local or state tax•has been paid.
(4) Commission of any acts in violation of federal, state or local
laws or ordinances or running of a licensed business where such
violations frequently or regularly occur so as to cause the Chief of
Police to recommend a revocation of the license.
(5) The change in any circumstances of any licensee in such way
that had such circumstances existed when the application was filed, a
license would not have been granted.
(6) Any recurrent breaches of the peace, disturbances or
altercations occurring on licensed premises or the failure of the
licensee or his employee promptly to report to the chief of police any
violation of the laws or ordinances governing the licensing and sale of
beer, wine or alcoholic beverages of which he has knowledge.
(7) Any conduct on the part of the license holder or his employees
contrary to the public health, safety, health or morals of the citizens
of Tybee Island.
(8) Failure to.abide by any of the provisions of this Ordinance.
(b) The following procedures shall be followed in revoking all
00110
permits granted hereunder:
(1) Notice shall be given to the holder of a permit at least five
(5) days in advance that the Mayor and Council of Tybee Island will hear
a recommendation that the license be revoked,.and this notice shall
include the specific grounds on which this recommendation to the Mayor
and Council will be made.
(2) The Clerk of Council shall notify the permit holder, and the
Chief of Police as to the time that a recommendation for revocation will
be heard.
(3) The Mayor and Council of the City of Tybee Island shall hear a
recommendation for revocation at one of its regular meetings or at a
special meeting where notice has been given as required herein at which
time the holder of said permit and any other interested parties will be
heard.
(4) No permit shall be revoked until a majority.of the Mayor and
Council so decide at the time MT or subsequent to the hearing on the
recommendation for revocation.
SECTION VI: PROSECUTION OF VIOLATORS.
For the purpose of prosecution of violators of this Ordinance, each
and every violation of every separate section hereof, shall be
considered a separate offense.
MALT BEVtRAGES
SECTION I: PERMIT FOR MALT BEVERAGE SALES.
Every person, firm or corporation engaged within the city limits of
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the City of Tybee Island, in carrying on the business of handling or
selling malt beverages, as allowed by the Act of the Georgia
Legislature, approved March 23, 1935 (known as the Beer License Act), at
wholesale, or retail, and every person, firm or corporation hereafter
intending to carry on such business in said City, as aforesaid, shall
before continuing said business, or engaging therein, file with the
Clerk of the City of Tybee Island thereof, an application for a permit
to conduct and carry on such business; said application shall set forth
the location and building where such business is being conducted or is
to be conducted.
SECTION II: PERMITS ISSUED BY MAYOR AND. COUNCIL OF THE CITY OF
TYBEE ISLAND.
(a)
The said Mayor and Council thereof shall grant a license or
permit hereunder when the same is found to be in the public interest and
general welfare of the citizens'of the City of Tybee Island. All
persons, firms or corporations to whom such permit or license shall be
issued, shall take such permit or license subject to same being revoked
at any time as herein provided; such permit shall not be transferable
without the approval of the Mayor and Council thereof. Permits or
licenses so granted shall expire at the end of each calendar year, and
may be renewed only in the manner and form as provided in this Ordinance
for the original granting of permits and licenses.
(b) The Mayor and Council of the City of Tybee Island thereof, in
determining whether or not any license or permit applied for hereunder
shall be granted, shall consider the following standards as indicative
or whether or not the granting of said license or permit is in the
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public interest and general welfare:
(1) The applicant's reputation, character and mental and physical
capacity to conduct a business engaged in the sale of malt beverages;
(2) The location for which the license is sought to traffic
congestion, general character of neighborhood and the effect such an
establishment would have on the adjacent and surrounding property
values;
(3) The number of licenses previously granted for similar
businesses in the trading area of the place for which the license is
sought;
(4) The proximity of the location of said establishment to
schools, churches, libraries and other public buildings in the
surrounding area;
(5) If applicant is a previous holder of a license to sell malt
beverages, whether or not applicant or his establishment has violated
any law, regulation or ordinance relating to such business; and
(6) If applicant is a. previous holder of a license to sell malt
beverages, the manner in which business was conducted thereunder
requiring unusual police observation and inspection including the number
and frequency of complaints filed by citizens objecting to the manner of
conducting business at said location.
SECTION III: LICENSE FEES.
(a) The: license or permit fees which were fixed and adopted and
assessed for the year are hereby affirmed against every
person, firm or corporation engaged in the business as may be
hereinafter defined.
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00113
(b) Every person, firm or corporation engaged in, or who shall
offer to engage in, or transact, or offering to transact, any of the
kinds of business provided for in this Section, and in this Ordinance,
shall pay the license fees provided for and previously adopted Ordinance
or license fee schedules.
SECTION IV: RULES AND REGULATIONS.
The following rules and regulations are hereby established and
shall govern the conduct and operation of every such place of business
and of every person, firm or corporation owning and operating such place
of business:
(a) No malt beverages provided for in this Ordinance shall be kept
for sale, or given away, in any building, storehouse, place of business,
or vehicle located within 100 yards of any school ground or college
campus.
(b) All boisterous, noisyyand disorderly conduct in any place of
business, or other place where the beverages provided for in this
Ordinance are permitted to be sold, is expressly forbidden by this
Ordinance, and every person, firm or corporation conducting any place of
business for which a permit or license has been granted and for which
the license fee has been paid shall be subject to have the said permit
or license revoked, in the manner provided for in this Ordinance, for
permitting any such boisterous, noisy, or disorderly conduct in such
place of business.
(c) All health Ordinances and Regulations of the City of
Tybee Island relative to the dispensing, sale, and handling of foods, as
well as the place of business where the foods are dispensed, sold or
00114
handled, and the person attending to such place of business for the
purpose of dispensing, selling, or handling such foods shall with equal
force apply to the beverages described in this Ordinance, the place of
business where such beverages are kept, sold and dispensed, and to the
persons in attendance who handle, sell or dispense such beverages,
especially any and all State laws pertaining to the cleanliness and
sanitary conditions including odors, storing of garbage in closed
containers for the protection of the health of the said community. All
establishments duly licensed hereunder must fully comply with all
sanitary requirements promulgated by the Chatham County Health
Department.
(d) All musical units or amusement machines installed in any
establishment licensed hereunder must be properly registered with the
office of the Clerk of the City of Tybee Island.
(e) All transactions conducted on the premises of any
establishment licensed hereunder involving the sale or transfer of malt
beverages must be for cash or its equivalent. Credit transactions are
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hereby declared to be illegal.
SECTION V: REVOCATION OF PERMIT.
(a) The following shall be grounds for revocation of all malt
beverage licenses:
(1) Failure of wholesaler or retailer to pay license or excise
taxes.
e
(2) Commission of any act in violation of the federal, state or
local laws or ordinances which would disqualify a person from obtaining
a license.
00115
(3) Selling or distributing or buying malt beverages on which no
local or state tax has been paid.
(4) Commission of any acts in violation of federal, state or local
laws or ordinances or running of a licensed business where such
violations frequently or regularly occur so as to cause the Chief of
Police to recommend a revocation of the license.
(5) The change in any circumstances of any licensee in such way
that had such circumstances existed when the application was filed, a
license would not have been granted.
(6) Any recurrent breaches of the peace, disturbances or
altercations occurring on licensed premises or the failure of the
licensee or his employee promptly to report to the chief of police any
violation of the laws or ordinances governing the licensing and sale of
beer, wine or alcoholic beverages of which he has knowledge.
(7) Any conduct on the part of the license holder or his employees
contrary to the public health, tafety, health or morals of the citizens
of Tybee Island.
(8) Failure to abide by any of the provisions of this chapter.
(b) The following procedures shall be followed in revoking all
permits granted hereunder:
(1) Notice shall be given to the holder of a permit at least five
(5) days in advance that the Mayor and Council of Tybee Island will hear
a recommendation that the license be revoked, and this notice shall
include the sTpecific grounds on which this recommendation to the Mayor
and Council will be made.
(2) The Clerk,of Council shall notify the permit holder, and the
Chief of Police as to the time that .a recommendation for revocation will
00116
be heard.
(3) The Mayor and Council of Tybee Island shall hear a
recommendation for revocation at one of its regular meetings or at a
special meeting where notice has been given as required herein at which
time the holder of said permit and any other interested parties will be
`heard.
(4) No permit shall be revoked until a majority of the Mayor and
Council so decide at the time of or subsequent to the hearing on the
recommendation for revocation.
SECTION VI: PROSECUTION OF.VIOLATORS.
For the purposes of prosecution of violators of this article, each
and every violation of every separate section hereof shall be considered
a separate offense.
SECTION VII.
If any section or portion of the Ordinance shall for any reason be
held illegal or unconstitutional, such shall not affect the remaining
portions of such Ordinance.
SECTION VIII.
All Ordinances and parts of Ordinances in conflict with this
Ordinance be and the same are hereby repealed.
•
F
Adopted this
day of
1984.
0017
First Reading:
Second Reading:
Enacted:
•
1
1
Ordinance # � g - 2..
AN ORDINANCE AMENDING A SECTION OF THE TYBEE ISLAND CODE OF ORDINANCES
BY DELETING A PARAGRAPH KNOWN AS SECTION 2 -4 -6 Appointments, Paragraph
(d) Probationary Period.
BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND CITY COUNCIL
IN OPEN MEETING ASSEMBLED THAT THE ABOVE SECTION OF THE CODE OF ORDI-
NANCES BE DELETED IN ITS ENTIRETY, AND THE FOLLOWING PARAGRAPH, TO BE
ENTITLED THE SAME, INSERTED IN ITS STEAD:
(d) Probationary Period. Each employee receiving an appointment
with the city shall complete a probationary period of six (6) months.
For Law Enforcement personnel, in appropriate positions, the proba-
tionary period shall not be considered complete until the employee
has successfully completed the required basic training course, even
if the time to complete said training exceeds six (6) months. However,
under no circumstances will the probationary period be less than six
(6) months.
At the conclusion of the probationary period, the departrhent head
shall recommend whether to:
1) Retain the employee in the present position and classification;
2) Assign the employee to an alternative position usually at a lower
classification; or
3) Separate the employee from city service.
ADOPTED THIS N44/ DAY OFY1,k. , 1985.
1st Reading:
2nd Reading:
Adopted: 1-14- fir
1
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00119
#1985 -3
AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA, CODE OF ORDINANCES,
TO BE ENTITLED AMENDMENTS TO THE TYBEE ISLAND CODE OF ORDINANCES,
TITLE 8 PLANNING AND DEVELOPMENT, CHAPTER 4 ZONING, ARTICLE B ZONING
DISTRICTS, SECTION 20 SIGNS.
BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL
IN OPEN MEETING ASSEMBLED, THAT THE FOLLOWING AMENDMENTS TO THE
ABOVE NAMED SECTION 20 OF THE TYBEE ISLAND CODE OF ORDINANCES BE
ADOPTED AS FOLLOWS:
I. 8 -4 -20 Signs
Paragraph 2 Permits Required
Paragraph 3 Addition, as follows
All off - premise signs or on- premise signs located more than 100 feet
from their principal use which are to be erected adjacent to and visi-
ble from a state highway and which are a part of the interstate and
primary system must conform with the Georgia Outdoor Advertising Law
(Official Code of Georgia, Annotated, Section 32 -6 -70 e.t. seq.) and
the rules and regulations of the D.O.T. of the State of Georgia before
receiving final approval from the City of Tybee Island.
II. Paragraph 14. Delete in entirety. Substitute in its stead the
following:
Paragraph 14. Nonconforming Sign.
Signs which existed prior to the adoption of this ordinance and which
do not meet the provisions of this ordinance shall be deemed noncon-
forming. Such signs, except for portable signs, may continue subject
to the following conditions:
a) The sign shall be maintained in good condition.
b) The nonconforming sign shall not be structurally altered
except in conformance with the provisions of this ordinance.
c) A nonconforming sign shall not be re- established after
damage exceeding 50% of the current replacement cost as determined by
the Inspections Administrator. After such damage, the owner of said
sign shall bring the sign into conformance with the provisions of this
section of the zoning ordinance or shall remove the sign.
d) When a principal use existing at the time of adoption
of this section of the zoning ordinance changes to a different principal
use, all nonconforming signs that existed on the premises prior to such
change of use shall be brought into compliance with the provisions of
this section of the zoning ordinance or shall be removed.
e) Non - conforming signs adjacent to and visible from a
state highway must be in conformance with state law and the D.O.T. Rules
and Regulations as well as this ordinance.
1
1
#1985 -3 (pg.2� °12°
Title 8, Planning and Development, Chapter 4. Zoning, Article B
Addition:
Paragraph 15. Marsh & Historic Areas Prohibited
No signs shall be placed in or obstruct the view of a marshland area
or an area of designated historic interest.
Adopted: February 14, 1985