Tifton Gazette

August 20, 2010

Council votes to delay mixed drink license

Angie Thompson/Senior Reporter
CNHI

TIFTON — The Tifton City Council decided in an informational session Thursday to delay a decision on whether to approve the request of a local business to amend its alcoholic beverage license to include the selling of mixed drinks. Council said they want to make sure the business is following all of the city’s requirements.

Jay’s Sports Bar & Grill at 510 S. Tift Ave. is currently serving beer and wine. The selling of distilled spirits for consumption on site requires that at least half of an establishment’s income is derived from food sales.

City manager Mike Vollmer said he, Tifton Police Chief Jim Smith and Mayor Jamie Cater had recently met with the owner concerning parking issues, reports of loud music and alcoholic beverages being consumed outdoors. Vollmer said that the state fire marshal had certified the business as being able to seat 270 people and that the owner was under the impression that that number of patrons could be served without any problems.

The council voted earlier this month to table a petition by the City of Tifton on behalf of business owners located on Commerce Way, Main Street and South Tift Avenue between Fifth and Ninth streets that the zoning in the area be changed from General Business to Commercial Downtown. Council members said that the current zoning requires parking spaces proportional to a business building’s square footage and number of employees. In some cases, the number of parking spaces were unreasonably high and the idea, council members said, was to change the zoning to loosen the parking requirements and help spur downtown business development.City Attorney Greg Sowell said Thursday that that a temporary capacity of 116 patrons was placed on Jay’s Sports Bar & Grill until the city passed new zoning.

“In good faith, I think we told them we would have a resolution within 60-90 days,” Sowell said.

Sowell said that serving distilled spirits for on-site consumption by the drink is under a different review than serving wine and malt beverages. He said that 50 percent of the gross income of a business had to be derived from food sales “or they aren’t a restaurant.”

“It is incumbent upon the city that the places don’t turn into lounges,” Sowell said.

Councilman Johnny Terrell, who is the representative for the district in which the business is located, said that he preferred the city review the situation with the business before it grants the amended license to serve mixed drinks.

“I want us to review it and it be just right,” Terrell said. “Let's just follow the law to the letter.”

During discussions, council members questioned whether The Gin, located on Brumby Way downtown, was meeting the same requirements. All indications are that that establishment is meeting the requirements and is furnishing appropriate reports to the city, as is Jay’s Sports Bar & Grill.

“We want business,” Cater said. “This man (Jay’s Sports Bar & Grill) has spent money. This is probably the nicest place in Tift County, bar none. . . pardon the pun. We beg people to do business and it looks like the ordinance is so strict he won’t be able to put enough people in there to make a living.”

It was also pointed out during the meeting that patrons of Jay’s Sports Bar & Grill could sit under umbrella tables outside and consume alcoholic beverages and that the city’s ordinance requires that outside eating and drinking venues be covered completely.

Assistant City Manager Larry Riner commented that he believed the issue with Jay’s Sport’s Bar & Grill was not so much about parking but about the ability for law enforcement to do its job. He said there had been several instances, such as a recent car wash held in the parking lot of the establishment, that caused safety concerns at the business intersection.

“I think this is a legitimate police department issue,” Sowell said.

Sowell told council members he would do what was needed to inform Jay’s Sports Bar & Grill of what was needed from the business to comply with city ordinances.



To contact Angie Thompson, call 382-4321.