Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
2014-01-27 Alcohol Board - Full Agenda-1158

2014-01-27 Alcohol Board - Full Agenda-1158

Ratings: (0)|Views: 151|Likes:
Published by thebrookhavenpost
The City of Brookhaven's Alcohol Board of Appeals convenes to hear their first case: The Denial of the Pink Pony's Alcohol License.

The City says, "The application states Teri Galardi is the license holder. But the Georgia Department of Revenue’s alcohol licensing division advises that neither Teri Galardi nor Dennis Williams is the licensee, and the Department was not informed of the passing of Jack Galardi. Because a city license would not be valid without a current state license, Sec. 4-46(b), the application is denied without prejudice to re-filing after the state license issue is corrected."

Aubrey Villines, attorney for the applicant says in a letter to Brookhaven's Finance Director Bonnie Kline, "I think there has been some sort of mistake, as we have a valid alcohol license with the state. Prior to having to file any appeal we would respectfully ask you to reconsider the denial based upon the fact we do have a valid state license as evidenced by the enclosed copy of the same."

It appears that letter did not do the trick to avoid an appeal as there is now an appeal hearing set.

Included in the appeal document is a section titled "ERRORS" which states, "The denial letter of Bonnie Kline on behalf of the City of Brookhaven, was based on the alleged fact that licensee did not have a valid state license. Licensee had a valid state license, but the state license, but the state issues licenses based upon corporate licensure, not upon the individual owner, agent for service of process, or individual holding majority interest."

The appeal goes on to say that the denial is contrary to law or ordinances, is unsupported by substantial evidence and unreasonable.

The City of Brookhaven's Alcohol Board of Appeals will hear the case Monday, January 27th at 8:00 PM at Brookhaven's Municipal Court located at 2 Corporate Blvd., Suite 125, Brookhaven, GA.
The City of Brookhaven's Alcohol Board of Appeals convenes to hear their first case: The Denial of the Pink Pony's Alcohol License.

The City says, "The application states Teri Galardi is the license holder. But the Georgia Department of Revenue’s alcohol licensing division advises that neither Teri Galardi nor Dennis Williams is the licensee, and the Department was not informed of the passing of Jack Galardi. Because a city license would not be valid without a current state license, Sec. 4-46(b), the application is denied without prejudice to re-filing after the state license issue is corrected."

Aubrey Villines, attorney for the applicant says in a letter to Brookhaven's Finance Director Bonnie Kline, "I think there has been some sort of mistake, as we have a valid alcohol license with the state. Prior to having to file any appeal we would respectfully ask you to reconsider the denial based upon the fact we do have a valid state license as evidenced by the enclosed copy of the same."

It appears that letter did not do the trick to avoid an appeal as there is now an appeal hearing set.

Included in the appeal document is a section titled "ERRORS" which states, "The denial letter of Bonnie Kline on behalf of the City of Brookhaven, was based on the alleged fact that licensee did not have a valid state license. Licensee had a valid state license, but the state license, but the state issues licenses based upon corporate licensure, not upon the individual owner, agent for service of process, or individual holding majority interest."

The appeal goes on to say that the denial is contrary to law or ordinances, is unsupported by substantial evidence and unreasonable.

The City of Brookhaven's Alcohol Board of Appeals will hear the case Monday, January 27th at 8:00 PM at Brookhaven's Municipal Court located at 2 Corporate Blvd., Suite 125, Brookhaven, GA.

More info:

Published by: thebrookhavenpost on Jan 27, 2014
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

08/12/2014

pdf

text

original

 
CITY OF BROOKHAVEN
ALCOHOL BOARD
City of Brookhaven 1/27/2014 8:00 PM Page 1
Joseph Patin Chairman Adam Caskey Glianny Fagundo Michael Arnette Richard Grice
AGENDA January 27, 2014 Regular Meeting 8:00 PM
2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329
I) CALL TO ORDER
1.
 
Roll Call
II) ORGANIZATIONAL AND PROCEDURAL ITEMS
1. Discussion and Adoption of Alcohol Board of Appeals Rules and Procedures
III) NEW BUSINESS
1. ABA14-01: Teri G. Galardi Trustee/Jack Galardi for Trop Inc. D/B/A Pink Pony, 1837 Corporate Boulevard, Brookhaven, Georgia 30328
 
 
Page 1
MEMORANDUM
MEETING OF:
 January 27, 2014
COMMITTEE:
Alcohol Board
 DEPARTMENT:
 City Clerk's Office
ISSUE/AGENDA ITEM TITLE:
Discussion and Adoption of Alcohol Board of Appeals Rules and Procedures
BACKGROUND/SUMMARY:
 
FISCAL IMPACT: (Budgeted
 – 
 over or under) STAFF RECOMMENDATION:
 
ATTACHMENTS:
 
Rules and Procedures-Alcoholic Beverage Appeals He (DOCX)
2.1Packet Pg. 2
 
[955609/3]
1
 
RULES AND PROCEDURES FOR ALCOHOLIC BEVERAGE APPEALS HEARING BOARD MEETINGS Section 1. Open Meetings
. All hearings of the Alcoholic Beverage Appeals Hearing Board shall  be held in accordance with the provisions of Title 50, Chapter 14 of the Official Code of Georgia Annotated. The public shall be afforded access to meetings in compliance with Georgia law.
Section 2. Visual and Sound Recordings
. Visual, sound, and visual and sound recordings shall  be permitted for all public hearings, as long as such recordings are in accordance with State law.
Section 3. Quorum
. A quorum must be present for conducting hearings of the Alcoholic Beverage Appeals Hearing Board. A quorum is a majority number (more the 50%) of the members of the Alcoholic Beverage Appeals Hearing Board. Any member of the Alcoholic Beverage Appeals
Hearing Board (hereinafter “
Board Member 
”)
 may raise a point of order directed to the Hearing Officer or presiding officer if he or she believes that a quorum is not present. If, during the course of a hearing, a Board Member or Board Members leave and a quorum no longer exists, the hearing may not continue. If a quorum is not attained within thirty (30) minutes, the hearing may be rescheduled by the Hearing Officer, presiding officer, or Secretary with the approval of the Board Members present.
Section 4. Hearing Officer
. The Hearing Officer is appointed by the Mayor and the City Council and is the presiding officer of the Alcoholic Beverage Appeals Hearing Board. As presiding officer, he or she is responsible for the orderly conduct of the hearing. In order to fulfill this duty, the Hearing Officer shall enforce the rules of procedure that are adopted by the Alcoholic Beverage Appeals Hearing Board. The Hearing Officer shall be impartial and conduct the hearings in a fair manner. The Hearing Officer may name a Sergeant-at-Arms to assist in maintaining the orderly conduct of the Alcoholic Beverage Appeals Hearing Board hearings. The Hearing Officer shall be treated as one of the Board Members for quorum and voting purposes, and the Hearing Officer may vote on all matters before the Alcoholic Beverage Appeals Hearing Board.
Section 5. Presiding Officer
. If the Hearing Officer is absent or otherwise unable to serve as  presiding officer at a hearing and a quorum of Board Members is present, the remaining Board Members shall select a Board Member to serve as presiding officer of that meeting until either the Hearing Officer is present at that meeting.
Section 6. Secretary and Parliamentarian
. The Secretary shall be the City Clerk or the Deputy City Clerk and serve as the parliamentarian for Alcoholic Beverage Appeals Hearing Board hearings.
Section 7. Hearings
. Hearings of the Alcoholic Beverage Appeals Hearing Board shall be held at a time determined by the City Clerk, and shall occur at any time that there is an agenda item to address. All hearings shall be held in the court chambers, provided however, that other sites are allowed prior to the opening of City Hall or as provided by other sections of this document. A notice containing the foregoing information shall be posted and maintained in a conspicuous place
2.1.aPacket Pg. 3
   A   t   t  a  c   h  m  e  n   t  :   R  u   l  e  s  a  n   d   P  r  o  c  e   d  u  r  e  s  -   A   l  c  o   h  o   l   i  c   B  e  v  e  r  a  g  e   A  p  p  e  a   l  s   H  e   (   1   2   6   4  :   D   i  s  c  u  s  s   i  o  n  a  n   d   A   d  o  p   t   i  o  n  o   f   A   l  c  o   h  o   l   B  o  a  r   d  o   f   A  p  p  e  a   l  s   R  u   l  e  s  a  n   d

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->