MINUTES BEER PERMIT BOARD MEETING SEPTEMBER 4, 2018

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1 MINUTES BEER PERMIT BOARD MEETING SEPTEMBER 4, 2018 The City of Jackson (TN) Beer Permit Board met at 8:00 a.m. on Tuesday, September 4, 2018, in the City Council Chambers at City Hall. Board members present were Charles Pepper Bray, Harvey Buchanan and Charles Rahm (Chairman), with Anita Brooks recording the minutes. Also present were: Lewis Cobb, Esq. City s Legal Counsel Major Thom Corley, City Police Department Lt. Gary Benton, City Police Department Ben Smith, City Codes Enforcement Officer & Commercial Building/Fire Codes Inspector News Reporters David Thomas WNWS FM Radio; and Brandon Shields The Jackson Sun The meeting was called to order. City Attorney Lewis Cobb stated that an attorney representing Zaid Alshaif contacted him to discuss Mr. Alshaif s beer permit revocation period. Zaid Alshaif is the owner of a business known as Zaid Group Inc. (Gold Line), a convenience store located at 1819 Highway 45 Bypass. A hearing was held for Zaid Alshaif back in January 2018 to give him an opportunity to show cause why his beer permit should not be suspended or revoked for an underage alcohol sale that occurred at his business location on December 14, This was the third underage alcohol sale at the location under Mr. Alshaif s ownership. After the facts were presented at the January meeting, the Board voted to revoke Mr. Alshaif s beer permit for one year for the third offense at his business location. City Attorney Lewis Cobb stated that Mr. Alshaif s attorney told him that he and his client are willing to dismiss their appeal, or writ of certiorari, in Chancery Court if the Board would be willing to confirm that the time on Mr. Alshaif s revocation period would start running from the date of the Board s action and not the date of his revocation dismissal. Mr. Cobb further stated that he told Mr. Alshaif s attorney that he thought it was a reasonable resolution and that he would present their request to the Board and recommend approval. On the motion of Board Member Buchanan, seconded by Board Member Bray, the request was unanimously approved. 1.

2 On the motion of Board Member Buchanan, seconded by Board Chairman Rahm, the minutes of the August 7, 2018, meeting were unanimously approved. The first beer permit application that was considered was presented by Joe J. Collins for a business known as Redemption Road Rescue Inc. for a special occasion permit to sell, store and serve beer at a fund raising event to be held on September 28, 2018, at the Suites of Larue Garden located at 416 East Lafayette Street. Joe Collins was present and answered questions regarding the event. On the motion of Board Member Buchanan, seconded by Board Member Bray, the request was unanimously approved. Chairman Rahm commended Mr. Collins for the work his organization is doing to rescue horses in need. The next beer permit application that was considered was presented by Roger Vestal for a business known as Forever Communications for a special occasion permit to sell, store and serve beer at an event to be held on October 27, 2018, at the Jackson Fairgrounds Park located at 800 South Highland Avenue known as the West Tennessee Brew Fest. Roger Vestal was present. Mr. Vestal stated that this will be their 10 th annual Brew Fest, an event where people 21 and older can come and sample different kinds of craft beer. Mr. Vestal further stated that proceeds from the event will go to the Exchange Club Carl Perkins Center. Mr. Vestal also stated that they will card people as they come into the facility and once the person s identification card has been checked to verify that he or she is 21 years of age and older, the person will be issued an arm band. On the motion of Board Member Bray, seconded by Board Member Buchanan, the request was unanimously approved. The third beer permit application that was considered was presented by Timothy Dodd for a business known as East Chester Mart Inc., a convenience store located at 1625 East Chester Street, for selling, storing and distributing beer for consumption off the premises. Timothy Dodd was present. Chairman Rahm asked Mr. Dodd if he has operated a convenience store business before and Mr. Dodd replied, No sir. Chairman Rahm then asked Mr. Dodd if he has ever been involved in a business of this type before and Mr. Dodd replied, I have not but my wife has. Mr. Dodd then indicated that his wife immigrated to the United States from India and she is in the process of obtaining a social security card. Mr. Dodd further indicated that his wife will be managing his store 2.

3 after she receives her social security card. Mr. Dodd also indicated that his wife was issued an EAD card (employment authorization document) by United States Citizenship and Immigration Services which gives his wife the legal right to work in the United States while they wait for her social security card to be issued. Mr. Cobb asked Mr. Dodd how long has his wife been in the United States and Mr. Dodd replied, I m not really sure how long. Mr. Cobb then asked Mr. Dodd where he is employed and Mr. Dodd indicated that he is an over the road driver at a trucking company. Mr. Cobb asked Mr. Dodd for the name of the person who will be working at his store when he is driving a truck and Mr. Dodd indicated that his wife will be working at the store. Mr. Cobb then asked Mr. Dodd if he will be driving a truck over the road immediately after opening his store and Mr. Dodd replied, No. Mr. Dodd then stated that he has been off work for four months due to shoulder surgery and he will probably be off work for another two or three months. Mr. Cobb asked Mr. Dodd if he was the person who negotiated the deal to lease the building or was it his wife. Mr. Dodd indicated that he was the person who negotiated the deal to lease the property. Mr. Cobb then made inquiry as to how Mr. Dodd learned about the opportunity to lease the building. Mr. Dodd stated that he learned that the property was available through his wife who is good friends with the guy who is leasing the property now. Mr. Cobb asked Mr. Dodd for the name of the guy who is currently leasing the business property and Mr. Dodd replied, Bobbye Singh. Chairman Rahm asked Mr. Dodd how long will it be before his wife receives her social security card. Mr. Dodd stated that he was not sure when his wife will receive her social security card. Chairman Rahm stated that what he is assuming from what Mr. Dodd is telling the Board is that he will be the manager of his store and that he will be at his store every day until his wife is the manager and Mr. Dodd replied, Yes, that is correct. Board member Buchanan asked Mr. Dodd if he has taken the Alcohol Identification Training for off-site Beer Sales conducted by Ms. Hilda Little of the Community Anti-Drug Coalition of Jackson Madison County and Mr. Dodd replied, Yes sir. Chairman Rahm asked Mr. Dodd if his wife has also taken the training and Mr. Dodd replied, Yes sir, we both took the training the same day. Mr. Cobb advised Mr. Dodd that if his request is approved, the Beer Permit Board will expect him and his employees to be aware of minors who live in the neighborhood and to check everyone s identification card before the sale of beer. Mr. Dodd stated that he and his wife have discussed 3.

4 having every person they hire to go through Ms. Little s class. Board Member Bray made a motion to approve Mr. Dodd s request for a beer permit with the understanding that he is to report management changes at his business to the Board when it takes place. Board Member Buchanan seconded the motion and the motion carried. Mr. Dodd was advised that investigators with the Jackson Police Department conduct compliance checks at businesses that sell alcoholic beverages to make sure business owners/managers and their employees are operating within the law. The fourth beer permit application that was considered was presented by Narinder Singh Mutti for a business known as Oil Well Food Mart, LLC, a convenience store located at 230 Oil Well Road, for selling, storing and distributing beer for consumption off the premises. Narinder Singh Mutti was present. Also present was Vincent Seiler, attorney for Oil Well Food Mart. Chairman Rahm asked Mr. Mutti if his application represents a change of ownership and Mr. Mutti replied, Yes. Mr. Cobb asked Mr. Seiler to explain the change of ownership to the Board. Mr. Seiler stated that Oil Well Food Mart purchased the property from Bhavna Patel and PBK, LLC in a normal unrelated purchase. Mr. Cobb asked Mr. Mutti if he owns other business locations in Jackson and Mr. Mutti replied, Yes sir, I do. Mr. Cobb advised Mr. Mutti that the Board want business owners who will be diligent in enforcing State and local beer laws because having a City beer permit is a privilege, not a right. Mr. Mutti stated that the store location they are purchasing has a good identification (I.D.) card scanning system and if a customer does not have an I.D. card, the cashier cannot sell them beer. Chairman Rahm asked Mr. Seiler if the business transaction has closed yet and Mr. Seiler replied, Yes, it closed Wednesday, but we have not transferred operations yet. On the motion of Board Member Bray, seconded by Board Member Buchanan, the request was unanimously approved. The last beer permit application that was considered was presented by Yasmina Avilez for a business known as New York Farmer Deli, a convenience store located at 1647 North Royal Street, for selling, storing and distributing beer for consumption off the premises. Yasmina Avilez was present. Chairman Rahm asked Ms. Avilez to tell the Board about her business. Ms. Avilez stated that the new location she is using to operate her business has been closed for a couple of years. Ms. Avilez further stated that she owned and operated a convenience store on Lane Avenue for approximately three years and never had a problem. Ms. Avilez also stated that the owner of the 4.

5 building she was using on Lane Avenue wanted to sell his business property and he gave her the option to move or buy so she decided to move. Chairman Rahm asked Ms. Avilez for her business hours of operation at her store. Ms. Avilez stated that she will open at 11 a.m. and close by 10 p.m. Monday through Saturday, and on Sundays she will open at 1 p.m. and close by 10 p.m. Chairman Rahm then asked Ms. Avilez if she will be at her store every day that her store is open and Ms. Avilez replied, Yes. Board Member Buchanan made inquiry as to how Ms. Avilez plan to handle minors who may attempt to purchase beer at her store. Ms. Avilez stated that she took the Alcohol Identification Training for off-site beer sales. Ms. Avilez also stated that she did not sell beer to a minor at her previous business location because she always checks her customers I.D. card to make sure they are 21 years of age and older before ringing up the sale. On the motion of Board Member Buchanan, seconded by Board Member Bray, the request was unanimously approved. Mr. Cobb advised Ms. Avilez of the compliance checks that are conducted at businesses that sell beer. Mr. Cobb also advised Ms. Avilez of the consequences for selling beer to a minor. There being no further business, the meeting was adjourned. CHARLES RAHM, CHAIRMAN 5.