HomeMy Public PortalAbout19931014CCMeeting1
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1993- 10 -14. City Council Minutes
Mayor Walter Parker called the meeting to order to hear the
evidence on the underage drinking at three different
establishments for them to show cause why their licenses should
not be revoked. The following members of Council were present:
Christopher P. Solomon, Jack Youmans, James P. Locklear, Ansley
Williams, C. Burke Day, and Jimmy Brown. City Attorney Edward
Hughes was present to represent the city in legal matters.
Mayor Parker asked City Attorney Hughes for opening
statements and to explain how the Council will proceed with the
hearings. Attorney Hughes stated the issue at hand is whether any
punishment will be taken against the license holder of each
establishment.
Chief Jim Price said that he had spoken with Mr. Gil McMahon
on two different occasions about complaints concerning underage
drinking in P.J. Wingers. He stated that on July 4th he spoke to
the bartender and then went upstairs and talked with Mr. McMahon,
and that you, Mr. McMahon, went downstairs and took care of the
incident. On September 16th the bartender at P.J. Wingers served
a beer to an 18 year old undercover male. Chief Price said that
Sgt. Alley was present to state the case. Chief Price said this
is not an incident where the lounge was open after hours.
Mayor Parker asked if there were any questions from the
Council for the chief. Councilman Day asked if any member of
Council or the Mayor encouraged you in any way? Chief answered
no. Councilman Youmans asked if any member of council knew about
the operation. Chief Price answered yes. Councilman Brown asked
which bars were on the list. Chief Price answered The Fourth
Quarter, Spanky's, Nickie's, P.J. Wingers, Anchor, and Kittens
Corner. Out of the six, three were cited for serving to a minor.
Councilman Brown asked if these establishments were picked at
random. Chief Price answered yes. Mayor Parker noted that the
operation took longer than expected, otherwise all establishment
would have been included.
City Attorney Hughes asked if Mr. McMahon had any questions
of Chief Price or would he like to make a statement. Mr. McMahon
explained the July 4th incident stating that when he got
downstairs that the minor was gone. She had come in with her
parents who were eating dinner. In March Mr. McMahon said he
hired a man to check I.D.'s at the door and no one under 21 years
old was allowed in P.J. Wingers after 9 P.M. Mr. McMahon asked if
the chief remembered him giving police department an I.D. to
check for age. Chief answered yes, he remembered. Mr. McMahon
said that in April that he installed video cameras at a cost of
$5,300.00 to help prevent underage drinking. If there was a
question about the I.D. the person would be asked to stand in
front of the camera and hold up his I.D. On September 16th, Mr.
McMahon said that he left P.J. Wingers around 7:30 P.M. and came
back at 10 P.M., the undercover minor came in and made the buy
while he was gone. The bartender did not know that he (McMahon)
had left to go home and change clothes. Is the person (the minor)
present tonight? Chief Price answered no. Mr. McMahon said that
many officers have come in and checked I.D.'s. He stated that he
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October 14, 1993
has done his best to keep underage drinkers out of his
establishment. He said that there is no excuse for not checking
I.D.'s. Sgt. Alley said the minor went into the bar and purchase
a beer for $2.00 and came out and gave him the beer. Councilman
Brown asked Sgt. Alley did he watch the purchase of the beer, and
had the minor ever been arrested for any crimes? No answer.
Councilman Williams asked Chief Price did he have any other
concerns about this establishment? Chief Price answered no.
Councilman Solomon asked if this was the first offense? Chief
Price answered yes. Councilman Brown asked if the chief's
recommendation was based solely on the selling of alcohol on this
one incident of a minor and not on any fight calls? Chief
answered yes. Mr. McMahon said that calls to the police were made
from P.J. Wingers for assistance; 1.) could not remove an
underage drinker. 2.) would not serve a person who was
intoxicated and she called in a bomb threat after she left. Chief
Price said that calls from P.J. Wingers involving disturbances
outside the establishment would not be held against the
establishment. City Attorney Hughes asked Chief Price what
happened in Recorders' Court to the bartenders. Chief Price
answered that the bartender pleaded guilty, fined $1000.00 - pay
$200.00, the $800.00 would be suspended, placed on 12 months
probation. Chief stated that the responsibility should be put
where it belongs, on the owners of the establishments.
Mr. McMahon called Officer Hagan to testify. Mr. McMahon
asked the following questions with answers by Officer Hagan:
How long on police force? Nine months. What shift did you usually
work from March 93 on? Usually the evening shift. How often did
you walk through P.J. Wingers? Once or twice a shift. What was
the purpose of the walk through? To check I.D.'s. How many
underage drinkers did you find in P.J. Wingers? None. Officer
Hagan said that he only did walk throughs during the summer time.
City Attorney Hughes said that this concluded the evidence and
were there any comments. Chief Price said: "He can't stress the
importance of this incident. We have proven facts that we have
problems. I have been appointed chief to uphold the laws." The
City Attorney then asked Chief Price for his recommendation.
Chief Price said 7 to 10 days suspension but that it is up to the
Council to send out the message.
Mayor Parker asked Council what was their pleasure.
Councilman Day said not to vote on issue until 7:30 meeting.
Councilman Youmans moved that Council vote now to not suspend
this mans' license as he has done everything he can to prevent
underage drinking in his establishment. If we suspend license it
would be double jeopardy. Councilman Solomon seconded. Councilman
Day said sitting here he knows that everybody cannot make it here
at 5:30 P.M. and would like to vote at 7:30 P.M. so that people
can speak to Council. Councilman Solomon said it was a hardship
on him to be here; it is costing him money and we should hold
firm to meeting being held at 7:30 P.M. He stated that this
establishment has tried to do the right thing and that Gil
McMahon had learned a lesson. Councilman Day said that this has
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happened before. Councilman Solomon asked when? Councilman Day
answered when chief went in and warned P.J. Wingers because of
irresponsible people. Councilman Williams said that Chief Price
is trying to send message to owners that we want them to clean up
act - improvement needs to be done - easy for an underage drinker
to slip through, it is tough to deal with this problem, and that
Mr. McMahon had gone out of the way to stop this from happening.
Councilman Williams said that 7 to 10 days suspension is a very,
very stiff penalty for a first offense and Mr. McMahon should be
allowed to keep his license. Councilman Locklear said that Mr.
McMahon had admitted to his mistake, and if the person had been
carded then it would not have happened. Councilman Youmans called
for the question. Mr. McMahon stated that he has received a
written sanction from the State of Georgia. Councilman Williams
amended the motion to add a probation period of 12 months,
whereby a similar incident would mean a 7 to 10 day suspension of
license. Councilman Youmans said he would accept the amendment,
Councilman Brown seconded. Vote on the amendment was 4 in favor;
2 opposed ( Locklear, Day). Vote on the main motion was 4 in
favor; 2 opposed (Locklear, Day).
The next hearing was the Anchor Lounge. It was stated that
if you are going to put P.J. Wingers on 12 months probation, you
should go ahead a do the same to the other two establishments.
Mrs. Marion Dean asked why is the public here? - No input, just
to listen to a bunch of crap? Jim Lynes said he use to work for
the city. Lynes said that the Council appointed Price chief in
January and it is not supporting him. Why? Ann Gonzales said her
19 year old son bought alcohol yesterday - the establishments are
really scared of punishment by the city. Alice Martin said that a
minor could not purchase a lottery ticket, and that the
businesses are held responsible, and if caught the business loses
right to sell lottery tickets. Ms. Martin stated that she feels
that Councilman Williams has a conflict of interest. Chief Price
said that the report on the Anchor and Nickie's is the same as
P.J. Wingers.
Attorney Bill Simon was present to represent D.C. Faulkner,
owner of Nickie's Lounge. Mr. Simon asked Chief Price if similar
walk troughs were done at Nickie's. Chief answered yes.
Mr. Simon - Any violations made? Chief - No, random checks. Mr.
Simon - Do you know informant? Chief - No. Mr. Simon - Did Sgt.
Alley? Was informant in court? Chief - yes. Mr. Simon - No judge
ever saw I.D. of informant or checked on his record. Chief -
Correct. Mr. Simon - Is the informant ever going to surface?
Chief - Mayor and Council can talk with him. Mr. Simon - Any
guidelines set up? Did anyone accompany informant? Chief - Alley
did it by himself, I was in charge, but Alley did the work. Mr.
Simon - Other councilmen knew of sting operation? Chief - No. Mr.
Simon - Who on Council was aware? Chief - Councilman Day knew
about it. Mr.Simon - How many lounges had complaints against
them. Chief - One, I saw it myself. Mr. Simon - Do you enjoy that
kind of discretion to make decisions? Chief Price - I went to Gil
and he took care of it, but I still had complaints. Only
complaint I saw personally. Mr. Simon - Do you have a log of the
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complaints? Chief Price - No, but I know who they are. Mr. Simon
- You know who they are but no record on file. No more questions.
Mayor stated that he saw the young man in the court room the
night of court. Councilman Day asked Chief Price what day of the
week did he decide on and why. Chief Price said a Thursday
because it is not a busy night. Councilman Day asked the chief
when did you tell me? Chief Price answered on the car phone
Thursday P.M. Councilman Day said that he was on the way out of
town at the time of the phone call. Mrs. Helen Faulkner said that
we have a great police force, and the bartender know to ask for
I.D., but that you can find all sorts of I.D.'s. Any suggestions
from the police would be appreciated. If you get complaints
please pick up the phone and call us. Councilman Locklear asked
Sgt. Alley if the cases against the Anchor and Nickie's were any
different than P.J. Wingers. Sgt. Alley said that at the Anchor
that the bartender did ask for I.D. and when the young man said
that he did not have the I.D. on his person the bartender served
him anyway. Mr. Ray McMillion said that the bartender is no
longer working at the Anchor. He said that he is doing everything
he can to make 16th Street a better place. Mayor Parker asked how
long has he been running the Anchor. Mr. McMillion said that he
took over the Anchor two days before the incident.
Mr. Simon stated that it was not his intention to criticize
the chief or the police department. Mrs. Faulkner said that she
has lived on Tybee for 20 years and has had a alcohol beverage
license since 85 or 86, and has never had any violations against
Nickie's. Mr. Simon asked Mrs. Faulkner how old did the bartender
say the informant look? Mrs. Faulkner answered 27 or 28 years
old. Mr. Simon asked if police had ever informed Nickie's of
complaints concerning underage drinkers and how long has the
bartender been working for Nickie's? Mrs. Faulkner said never
been informed by police of any complaints about underage drinkers
and that the bartender has worked for Nickie's 7 or 8 years off
and on. Mayor Parker said that Council had a long agenda. Mr.
Simon said this line of questioning is to show bartender is
experienced.
Councilman Locklear moved to suspend license for 7 days
effective 12:01 A.M. October 16th. Councilman Day seconded,
stating that it is the owner's responsibility to see that we do
not have underage drinking in our bars and motion still stands.
Councilman Youmans said that Council just voted on one man that
has complaints against him, but these two establishments do not.
Vote on the motion was 2 in favor; 4 opposed (Solomon, Youmans,
Williams, Brown).
Councilman Williams moved to place Nickie's and the Anchor
on 12 months probation, with the second offense a suspension of 7
to 10 days. Councilman Youmans seconded. Councilman Williams said
that a message should be sent out not only to Tybee bars but all
that we will not put up with underage drinking or people who are
intoxicated and start fights. Councilman Day stated two things:
1. We want accountability in government, also in business and
home. The more input the better the out put will be. 2. When we
vote what message do we send? Do not condone any type of
irresponsibility concerning underage drinking. What are we saying
to our police? Business people get away free. Vote on Councilman
Williams motion was 4 in favor; 2 opposed (Locklear, Da
Mayor Walter W. Parker
Clerk of Council
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