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The Zone

Albany reviews alcohol rules

  • The Albany City Commission votes to address the wording of the city’s 1,000-foot proximity ordinance.

ALBANY — Albany city commissioners tentatively voted during a work session Tuesday morning to amend the city’s 1,000-foot proximity ordinance for establishments selling alcoholic beverages, addressing the semantics of the ordinance’s wording.

“It’s about the order of applications that are made,” City Attorney Nathan Davis told commissioners. “As your ordinance is written, if an established restaurant holds an alcohol license, a bar or nightclub cannot locate within 1,000 feet of that restaurant. Conversely, if a bar or nightclub exists in a given location, any number of restaurants with alcohol licenses can locate nearby.”

The issue arose during discussion of an alcohol license application by Mike Rodefer, who wants to locate Mugsy’s Bar & Grill at 2510 Archwood Drive, former location of The Pub nightclub. Rodefer’s initial application was turned down because the adjacent Picnic Pizza restaurant in the Archwood Plaza, which has an alochol license, is only a few feet away.

Rodefer told commissioners he had intended to apply for the license as a restaurant, but his attorney, Joe Dent, told commissioners Tuesday the design of the building would not allow for the creation of a restaurant without significant moderations.

Dent’s comments came after Commissioner Roger Marietta had expressed concern about “credibility issues” with Rodefer’s application. The Ward 4 commissioner had also said he would not agree to altering the proximity ordinance unless the commission agreed to take up a discussion of what types of schools were considered when a proximity question arises.

He was quickly taken to task by Ward 5 Commissioner Bob Langstaff.

“Any time we make a goof on an ordinance — and we make them; we’re human — there has to be a catalyst to point those goofs out,” Langstaff said. “This particular application (by Mugsy’s) makes me realize the absurdity of the (proximity) ordinance. It illuminates the problem we have with the wording.

“While I agree that the school situation should be addressed, certainly we could address that issue at another meeting. We’ve got to come up with sensible rules, but you’re saying that in order to be heard on the school issue you would penalize this business.”

Marietta later relented, and the commission voted to reconsider the wording of the ordinance with only Ward 1 Commissioner Jon Howard, who always votes no on alcohol-related issues, dissenting.

Earlier in the meeting, which surpassed the five-hour mark due to an extensive executive session discussion of City Manager Alfred Lott’s pending contract renewal, Code Enforcement Director Mike Tilson announced that his department had set up a hotline that will allow citizens to make code violation complaints 24 hours a day.

Tilson said persons who call the number (878-3154) will be allowed to leave a voice message that will be addressed by his department.

Commissioners also voted to OK an 8-mile bike-friendly route suggested by the Engineering department that will make automobile drivers conscious of a growing number of bikers traveling on city streets. Albany Safe Communities Director Michele DeMott said initial cost to designate the route would be $2,592 for signs warning drivers to “share the road.”

Mayor Willie Adams said, “This is a good thing; I’d like to encourage bike riding any way we can.”

In other action, the commission voted to table Mugsy’s alcohol license application (pending official action on the ordinance change) but approved licenses for the Chop Shop at 2238 Palmyra Road and T&J Convenience Store at 1600 McArthur St.; OK’d one-day licenses for an Albany Humane Society fundraiser and a Lee County Chamber of Commerce banquet, and approved license transfers at the End Zone Bar & Grill, the Lucky Spot No. 2, MK Food Mart and Picnic Pizza.

Commissioners also voted to accept an FAA grant for rehabilitation of taxiways C and F at the Southwest Georgia Regional Airport ($711,502), an HUD Supportive Housing program grant ($116,217), a Department of Community Affairs emergency shelter grant ($27,800) and an omnibus appropriations grant ($364,000) that will allow the Army Corps of Engineers to complete contour mapping of five areas in the city and county.

Langstaff sparked a discussion on use of the funds when he noted that most of the mapping would be done outside the city limits. “Is there not a way that we could refocus our attention within the city limits since the lobbyist we paid is responsible for getting these funds?” the commissioner asked.

Commissioners also OK’d staff-recommended bids on environmental software maintenance ($50,000), paratransit software ($56,544, with the city paying only 10 percent of the cost), construction on taxiways C and F ($632,450) and traffic signal pole replacement ($136,827). Approval was also given to designate damaged material as surplus to sell on the govdeals.com online auction site.

Ward 2 Commissioner Dorothy Hubbard, citing staff information on funds resulting from such sales, noted that the amount had become significant.

“This program has generated a tremendous amount of money for the general fund,” she said. “This has been an excellent program.”

Hubbard later said online sales from July 2007 to August 2008 had reached $443,539.61.

 

 

 

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