SUNDAY SALES SHORT-LIVED IN SNELLVILLE
Judge Reverses Council's Ordinance to Permit Sunday Sales of Beer, Wine and LBTD in City's Restaurants
By Michelle Couch & Gail Moore of the Tri-City Times
(Used by permission)
"Lost the battle - but not the war" comes to mind after a disappointing judgment against the City of Snellville was adjudicated earlier today by Gwinnett County Judge, Mark A. Lewis. What has already been a four+ year pursuit by the city for LBTD Sunday sales will continue on for a few more months.
The civil suit was filed by Lead Plaintiff and former Snellville Council Member, Robert Jenkins, claiming that the City must allow the residents to vote on Sunday sales by ballot referendum. Ironically, several years back in a related council enactment, Jenkins voted against residents having the right to vote in any manner pertaining to LBTD which includes the provision of Sunday sales.
The trial began with the usual dance of pre-trial motions, case law quotations and strategic tactics, none of which went in the City's favor. Judge Lewis made it very clear throughout the proceedings that he was there to "follow the law - not make law" and that today's hearing would be tried on merit at his discretion; a point that was addressed to council in a previous hearing held in December of last year. In other words, be prepared to present your case and receive a final ruling and judgment, today.
To present and summarize Snellville's history surrounding this issue (LBTD) in its entirety would have most likely been a better defense strategy for the City's attorney, however in addition to presenting a weak argument that only sub-sections of Georgia Code should be considered in this matter, he seemed equally unprepared and stuttered through the litigation.
The history, in a nutshell, dates back about four+ years ago when the City of Snellville originally addressed the issue of LBTD for restaurants within the city limits (every restaurant within a one block radius of Snellville's city limits were able to serve LBTD Monday-Sunday). It was time for Snellville to recognize LBTD as an economic tool as opposed to a religious affair.
The City followed the guidelines of Georgia Code (and its sub-sections) and the council voted to place a referendum on the ballot (which Jenkins voted against) so that resident voters could be heard regarding their desires for LBTD, and Sunday Sales. The proposed ordinance, which included the provision for Sunday Sales, was published on the City's website at least three months prior to Election Day; thus, attentive voters believed that the published ordinance would be passed pending the referendums outcome to allow LBTD. Also notable is that the originally published ordinance was consistent with Gwinnett County's LBTD ordinance, thereby allowing an even commerce playing field for restaurants within city limits.
The voters showed up at the polls, exercised their voice by referendum, and indeed voted to allow LBTD in the City of Snellville. It seemed that Snellville was moving forward in a positive direction with an emphasis on revitalizing the City's appeal for both businesses and consumers. So what happened? What changed between Election Day and the first/second reading of the proposed ordinance all those years ago? To use a similar catch-phrase that best describes it; "balance of power" coupled with a new council member and an angry mob of holy rolling residents from a sizable and well known Snellville Church.
On the evening of the Proposed Ordinance's first reading, Warren Auld was sworn in as a newly elected Council Member. This new arrival was a detriment to the voters who supported the LBTD movement. Auld, assisted by the Church mob, was able to convince the majority of other council members that the voters really didn't know what they were voting on; that the voters weren't savvy enough to understand the proposed ordinance and its "ramifications" as perceived by the religious movement. Hence, changes were made to the proposed ordinance at the second reading that limited hours of operation and disallowed Sunday sales for restaurants. This amended ordinance, far more restrictive, was then passed and enacted by the City of Snellville.
For several years now restaurateurs and residents alike have continued to complain about the issue of no Sunday sales. Accordingly, consumers drive right past city restaurants like Mellow Mushroom, Oh Charlie's, Applebee's, Texas Road House and Fuddruckers to take their Sunday dining dollars to the restaurants located at The Avenue, just one block outside of city limits.
After many years of an anti-commerce controlled council that gridlocked the city's progress, a turning point finally presented itself for Snellville with an epic 2009 election year. Council Member Robert Jenkins was defeated and replaced by newcomer, Tom Witts which then shifted the council's balance to a new and improved administration that is more in-line with a pro-commerce agenda. A first order of business was certainly to correct the error made years ago and amend the LBTD ordinance to include Sunday sales; just as the proposed ordinance was drafted. Since the residents had previously voted by referendum on this issue (way back when), the council opted to amend (revise, modify, add to) the ordinance to provide for Sunday Sales. Amending an ordinance is an every-meeting, every-day practice of city councils.
However, in today's hearing, there was no mention of the previous referendum as a part of the city's defense argument. If there had been evidence presented to support the previous referendum, perhaps Judge Lewis, who demonstrated every effort to be fair, may have had more of a legal precedent to rule in the city's favor. Sadly enough, based on the case as presented, Judge Lewis ordered a permanent injunction against the amended ordinance. The City must now ensure that the seven licenses issued for Sunday sales are now voided and repelled, and once again disallow spirits to be served on Sunday's in Snellville.
The City Council will meet for a special session on Thursday evening to discuss their options for taking the next step to ensure Sunday Sales for Snellville.
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The Tri-City Times has been providing community newspapers and e-News for Grayson, Loganville, Snellville and the Greater Gwinnett and West Walton Region for 9+ years! Not to be confused with other similar named publications, Gail Moore and Michelle Couch have been producing community focused publications since 2001 including community newspapers, area maps, youth and high school sports media guides, heritage cook-books and all types of print media and marketing materials.The Tri-City Times has a Facebook group here
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