Snellville to appeal liquor ruling
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Posted: 7:43 PM Feb 2, 2010
Snellville to appeal liquor ruling
Mayor: Council will take Sunday sales dispute to Ga. Supreme Court
Officials will appeal a judge’s ruling last week that brought a halt to Sunday liquor sales in Snellville. Mayor Jerry Oberholtzer announced Tuesday the City Council will look toward the Georgia Supreme Court to solve the dispute.
Reporter: By Camie Young, Senior Writer
Email Address: camie.young@gwinnettdailypost.com
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SNELLVILLE — Officials will appeal a judge’s ruling last week that brought a halt to Sunday liquor sales in Snellville.

Mayor Jerry Oberholtzer announced Tuesday the City Council will look toward the Georgia Supreme Court to solve the dispute.

And while the appeal is being considered, he hopes Judge Mark Lewis will stay his order, allowing beer to be served at city restaurants on Super Bowl Sunday.

“In these economic times, we owe our businesses and the people they employ to do everything within our power to allow them to compete on a level playing field with others in Gwinnett County,” he said, pointing to anecdotes of as much as 65 percent increased business on the few Sundays where alcohol was served before the issue went to court. “We cannot ignore the proof of the economic impact this extra day has had on our city.”

Last week, Lewis ruled against the city, determining that a provision of state law allowing for Sunday sales in counties larger than 160,000 does not supersede a law requiring a referendum.

Because the city cannot hold a referendum until this summer, Oberholtzer said attorneys would pursue the appeal to give the seven restaurants who were granted licenses to continue to serve on Sundays.

“In these economic times and in this business arena we are in right now, business is important,” said Jamie Dempsey, a spokesman for Mellow Mushroom. “People ought to be able to spend their money where they want to.”

While the city has yet to vacate Sunday liquor licenses, businesses were advised against serving last weekend. Oberholtzer said that if the stay is not granted, the city will reimburse the businesses for their licenses.

Councilwoman Kelly Kautz said she voted against pursuing an appeal in an executive session last week.

While Oberholtzer said residents already voted on the matter in a 2004 referendum, where days of the week was not mentioned, Kautz said the referendum is outdated and people should be allowed to go back to the polls.

“An appeal now would unnecessarily cost the taxpayers thousands of dollars in legal fees and take several months to be heard,” she said in a statement. “It is time the council, myself included, stop spending time and money fighting the referendum and hold a referendum.”

An appeal, she said, “would only prolong the discord” in the community.


Latest Comments

Posted by: neutral - always on Feb 12, 2010 at 08:20 AM

Tranga, Inane? You do realize that the city has to charge millage based on expenditures right? If the 650,000 could be used for other things then the residence would still have the expense of trash removal. so, now they have increase their annual housing expense by $300.00 to $400.00 dollars a year. The other part Tranga is that in all likely hood we could not use that money in other area's. Also, the city offsets the trash expense in more ways than one. For instance they make about $100,000.00 a year on recycling which is used to offset the trash expense.
Posted by: chozadita Location: lilburn on Feb 10, 2010 at 02:19 PM

Bryan, I completely agree with you. You should definitely be able to do so. It puts the city at a strategic economic disadvantage to not be able to compete against the cities and the county right on the periphery of Snellville. My only worry is that Snelville might have missed its window during the boom years of the last decade when development was stronguita in order to attract some of these restaurants. Another thing, I hope by adopting and allowing Sunday sales that some of these locations cited in these articles as having tremendous increases in sales have the wherewithal to invest some of these profits back into their businesses to redevelop and renovate because the Mellow Mushroom on 78 looks like it belongs in a third world country.
Posted by: tranga Location: miami on Feb 10, 2010 at 12:11 PM

Neural, your comments are inane. I rather like the answer - I'll sign up right now - $650,000 for use on other projects that would positively impact the City versus $360.00 a year? I would take that deal any day. Do you really like the idea that the government is paying for your trash? I tend to like the idea of self reliance and not having the government subsidize what the free market already would do. The has to run a deficit by this practice and there is really no need to - that is not fiscal conservatism.
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