MINUTES BEER BOARD MEETING MAY 20, 2016

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1 MINUTES BEER BOARD MEETING MAY 20, 2016 The City of Jackson (TN) Beer Board met at 9:00 a.m. on Friday, May 20, 2016, in the City Council Chambers at City Hall. Board member Charles Pepper Bray was present. Board member Harvey Buchanan was connected by speakerphone. Board member Charles Rahm (Chairman) was not present. Also present were: Lewis Cobb, Esq City s Legal Counsel Sonny Phillips, City Revenue Officer Major Thom Corley Lt. Gary Benton City Police Department City Police Department Angela Collins-Turner, Hilda Little, Coordinator City Business License & Community Anti-Drug Beer Permit Clerk Coalition of Jackson- Madison County Anita Brooks, recorder of the minutes Inspector Ben Smith City Building & Fire Codes Spec. Agent B.V. Cathey III Tennessee Alcoholic Beverage Commission (TABC) Board member Bray called the meeting to order. On the motion of Board member Buchanan, seconded by Board member Bray, the minutes from the April 22, 2016, and May 3, 2016, Beer Board Meetings were approved. A beer permit application was presented for consideration by Jeremy Denno and Richard Jerry Corley for a business known as Rock N Dough Pizza Company, located at 16 Jackson Walk Plaza, for selling, storing and serving beer on the premises where sold. Jeremy Denno and Jerry Corley were present. City Attorney Lewis Cobb stated that it was his understanding that the staff at the Jackson Police Department (JPD) has not been able to complete the background check process for Richard Moody, a business investor from Louisiana with 51 percent ownership in the Rock N Dough Pizza Company. Mr. Cobb further stated that the Board could consider approving the request pending the completion and outcome of Mr. Moody having a clean background check. -1-

2 Major Thom Corley stated that he spoke to the folks down in Louisiana and they told him that once JPD get the fingerprints cards that they sent them, they would send JPD the background record on Mr. Moody. Major Corley also stated that he anticipated receiving the background check in about a week. Board member Buchanan moved to approve the request contingent upon the outcome of Mr. Moody having a clean background check. Board member Bray seconded the motion and the motion carried. A beer permit application was presented for consideration by Bill Anthony Marable and Shanika D. Douglas for a business known as Tha Sto, located at 183 Roosevelt Parkway, for selling, storing and distributing beer for consumption off the premises. Bill Marable and Shanika Douglas were present. Mr. Marable stated that the business location was formerly known as the D & L Grocery Store. Mr. Marable stated that the hours of operation for their store are from 8:00 a.m. to 6:00 p.m. Mr. Marable further stated that they sell and serve food at the location along with convenience store items and they are wanting a beer permit so that they can also sell beer. Board member Bray asked Mr. Marable if he has owned and operated a business that sold beer before. He replied no. On the motion of Board member Buchanan, seconded by Board member Bray, the request was approved. Board member Buchanan encouraged the couple to identify everyone for age appropriateness before the sale of alcohol beverages and to be cautious with their alcohol beverage sales due to the minors who live in and/or frequent the area. Next, a beer permit application was presented for consideration by Narinder S. Mutti for a business known as S & S Food Mart LLC, located at 223 Airways Boulevard, for selling, storing and distributing beer for consumption off the premises. Narinder S. -2-

3 Mutti and his legal counsel, Vincent Seiler, were present. Mr. Mutti s business partner and manager, Kulbirs Chahal, was not present. Mr. Mutti stated that the closing of the business sale for the location will be held today and he will take over operating the business on Monday. Mr. Mutti further stated that he will have new identification (ID) card scanners for his cash registers and a new Commander System at his store. Mr. Mutti also stated that their customers must present a valid ID card for age verification before an alcoholic beverage or tobacco product is sold to them at his store. Mr. Cobb stated that research shows that a business located at 2655 North Highland Avenue that was owned and operated by Mr. Mutti had an underage sale. Mr. Mutti stated that his business partner made the underage sale and that after the incident happened, he had a new ID card scanner system installed at the location. Mr. Cobb stated that in looking at the history of Mr. Mutti s new business location, that location has had some issues with underage alcohol sales. Mr. Cobb further stated that in the neighborhood where Mr. Mutti s business will be located, Mr. Mutti will have people coming in who are underage and who are going to try to buy alcoholic beverages, particularly if the business is maintained and operated at the same level as it has been in the past. Sonny Phillips made inquiry regarding the owner of the building located at 223 Airways Boulevard and the owner of the personal content inside the building. Mr. Mutti stated that he is buying the building and the personal content inside the building; he is closing on the property sale today. Mr. Phillips then asked Mr. Mutti for the name of the current owner of the building. He replied that Parmajit Kaur and her husband are the current owners. On the motion of Board member Bray, seconded by Board member -3-

4 Buchanan, the request was approved. Mr. Cobb advised Mr. Mutti that the former business owner for the location will need to turn in his beer permit to the City before a new beer permit for the location is issued. A beer permit application was presented for consideration by Betty Ann-Marie Miller-Handley for a business known as Options Bar & Grill, located at 614C Carriage House Drive, for selling, storing and serving beer on the premises where sold. Betty Ann-Marie Miller-Handley was present and stated that her business is a bar and grill restaurant and a nightclub on Friday and Saturday nights. Ms. Miller-Handley stated that her business will be open five or six days a week for lunch and dinner and she will be doing catering and deliveries. Ms. Miller-Handley stated that she has never owned or operated a business like this before and has always wanted to own her own business. Board member Buchanan asked Ms. Miller-Handley how she is going to handle the checking of ID cards. She stated that ID cards will be checked at the door before people enter the nightclub; ID cards will be checked at the restaurant when alcoholic beverages are ordered. Board member Buchanan asked Ms. Miller-Handley if her nightclub is separate from her restaurant. She replied yes and that her nightclub will be for people 21 years of age and older. Board member Buchanan then asked Ms. Miller-Handley if her restaurant will be open when her nightclub is open and is her nightclub and restaurant adjacent to each other. Ms. Miller-Handley replied that her nightclub and restaurant is in one building; after hours the restaurant will close and then the business will become a nightclub. Mr. Cobb asked Ms. Miller-Handley for the operating hours of her nightclub. Ms. Miller-Handley stated that she was going to try to have live music performed by local -4-

5 bands from 7 p.m. to 10 p.m. and then after 10 p.m. the nightclub will operate (on Friday and Saturday nights) until 3:00 a.m. Ms. Miller-Handley further stated that she will have private security inside her nightclub and local law enforcement to secure the outside of her nightclub. Tennessee Alcoholic Beverage Commission (TABC) Special Agent B.V. Cathey III asked Ms. Miller-Handley if she is planning on applying for a TABC license to sell and serve liquor and wine. She replied yes. Mr. Cathey advised Ms. Miller-Handley that her restaurant will have to be open every time her business doors are open because she has to serve 51% food or TABC will not give her a license to sell and serve liquor and wine. Sonny Phillips stated that he noticed Ms. Miller-Handley s lease agreement states that she will be responsible for the personal property taxes associated with her business. Mr. Phillips explained to Ms. Miller-Handley what personal property taxes are and her responsibility toward the payment of these taxes. Ms. Miller-Handley was advised of the location s history of having underage alcohol sales and of past parking lot issues associated with the business location. On the motion of Board member Buchanan, seconded by Board member Bray, Ms. Miller- Handley s request for a beer permit was approved. A beer permit application was presented for consideration by Ibrahim Alaya for a business known as I.A. Stores, LLC doing business as Airways Gas, located at 253 Airways Boulevard, for selling, storing and distributing beer for consumption off the premises. Ibrahim Alaya, Vincent Seiler (Mr. Alaya s legal counsel), and Hasan Ali (Mr. Alaya s store manager) were present. Mr. Alaya s request for a beer permit was initially -5-

6 presented to the Board for consideration at the May 3, 2016, Beer Board Meeting. At that meeting, Mr. Alaya was asked who his store manager was going to be to which he replied that it would be his brother or whoever else working at his store when he is not there. The consideration of Mr. Alaya s request for a beer permit was postponed at that time so that a background check could be done on his store manager. Mr. Seiler stated that Mr. Alaya s brother is not eligible for a background check. Mr. Seiler further stated that after he found out that Mr. Alaya s brother was not going to be eligible for a background check, he advised Mr. Alaya that his brother would not be able to manage his store and Mr. Alaya agreed to comply with that and brought in his nephew, Hasan Ali, to help him manage his store. Mr. Seiler also stated that Mr. Ali has had his background checked and he took the carding training class conducted by the Community Anti-Drug Coalition of Jackson-Madison County. Board member Bray asked Mr. Ali if he has ever been a convenience store manager. Mr. Ali replied yes. Mr. Cobb advised Mr. Alaya and his store manager, Mr. Ali that agents with TABC and the Jackson Police Department will routinely send an underage person into businesses that sell alcoholic beverages to see if they can buy an alcoholic beverage. Mr. Cobb also cautioned Mr. Alaya and his manager to be careful with their alcoholic beverage sales. Mr. Alaya stated that he and his store manager will follow the rules. On the motion of Board member Buchanan, seconded by Board member Bray, the request was approved. The last and final beer permit application that was submitted for consideration at today s meeting was presented by Nancy Elizabeth Munoz-Lopez for a business known as El Noa Noa Mexican Store, located at 1869 Highway 45 Bypass, Suite A, for selling, -6-

7 storing and distributing beer for consumption off the premises. Nancy Elizabeth Munoz- Lopez and her legal counsel, Vincent Seiler, were present. Ms. Munoz-Lopez stated that her business is not a full restaurant; it is a grocery store and butcher shop with a small dining area. On the motion of Board member Buchanan, seconded by Board member Bray, the request was approved. There being no further business to discuss, the meeting was adjourned. CHARLES RAHM, CHAIRMAN -7-

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