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19850214CCMeeting1 1 000% 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 1 1 1 60/ iz -z, tae w 60097 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 1 1 1 00098 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 1 1 00099 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. 00100 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. 1 1 1 00101 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 1 1 1 00102 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 at F Ordinance 00103 it "1 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 s 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 . i .... ... y .. - :. . 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 0O101 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 Z 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 OOP 00111 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 00112 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. p 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 • 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 1 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