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HomeMy Public PortalAbout19931014CCMeeting1 1 1 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 1 1 1 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 1 1 1 October 14, 1993 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 1 1 1 October 14, 1993 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 1 1