Committee for a Better Snellville bringing issue to the streets

Here's photographic proof that when local people care about our lifestyle and liberty in Snellville, we will hit the streets, no matter how muggy and hot it is! I had a great time getting to speak to some drivers (while they waited for the light to turn green, they asked me what the "YES" signs were about). Once I explained that the issue is about whether local restaurants (ie businesses) have the right to sell alcoholic beverages with a meal on a Sunday, the economic benefits we would all reap from the ban being lifted, I received many nods in agreement. We even had one person who was so inspired by this that he joined us right then and there (Hi Bob!)  Seems that a lot of people agree with me that having religion mixed with laws (even if it's my own religion, and no matter how well-intended) is not desirable.

The Committee for a Better Snellville is road side campaigning for Sunday Sales of alcohol for our restaurants located inside the city limits. Left to right: Marilyn Swinney, Dave Emanuel, Rich (Sully) Sullivan, Tom Witts, Jamie Dempsey, Barbara Rosselle of Mellow Mushroom, Darla Dixon, Susan Chapallear. Photo by Michelle Couch, taken on July 18, 2010.

Radio personality Rich Sullivan assisting with the Snellville "Vote YES" campaign. Photo by Michelle Couch, taken on July 18, 2010.

Left to right: Jamie Dempsey of Moosehead Marketing Solutions, Michelle Couch of the Tri-City Times, Susan Chapallear, Darla Dixon (playing the part of myself), Tom Witts of Snellville City Council. Photo taken Sunday, July 18, 2010 by Rich (Sully) Sullivan.

For more information, visit www.SnellvilleYes.org

Snail ornament to be sold if Sunday sale passes

UPDATE: If you want to buy a Snellville snail Christmas ornament, read this first: http://tinyurl.com/snaily

It's been heard (no joke) that council members have agreed to allow the Christmas ornaments with the snail to be sold on Wednesday morning, if and only if Sunday Sales passes on Tuesday.

Vote YES to allow Sunday sales of alcohol in Snellville restaurants!

Here is the situation, from Tom Witts of the Snellville City Council:

"OK, here it is. I have spoken with the mayor and two other members of council. As you are aware we feel the snail represents every derogatory cliche ever uttered about Snellville. Brenda Woods of channel 11 said the snail also "represents the sluggish past of Snellville. "

That being said, we believe that when Sunday Sales passes on Tuesday, along with the Farmers' Market, the new Snellville Tourism and Trade Authority, and the other positive things happening in Snellvilille will certainly sound the deathnell of the Snail and all he has represented.

We have agreed that once Sunday Sales passes in Snellville, we will authorize the City Manager to sell the Snail ornament in commemoration of the fact that 2010 was truly the end of the backward thinking that has cost our citizens not only the counties highest property value decrease but also forced our homeowners to assume a higher percentage of the property tax burden. The snail no longer represents our city or our attitude.

Great things are happening in Snellville "Where Everybody is PROUD to be Somebody."

NEXT: Snaily to retire to Snellville Beach >>>>


Related Links:
Committee for a Better Snellville brings issue to the streets

Press conference to be held Tuesday regarding Sunday sales

Mayor Jerry Oberholtzer confirmed receiving Magistrate Judge Mark A. Lewis' final order Monday afternoon. The mayor would not reveal how the city would respond, but leaders have suggested they plan to appeal the judge's decision.

From: Snellville likely to fight judge's alcohol ruling

A press conference will be held at Snellville City Hall at 4 pm on Tuesday, February 2, 2010.

Loss of Sunday sales hurts Snellville businesses

The managing partner for Texas Roadhouse says in the four weeks he was serving alcohol on Sundays in Snellville is profits on that day rose more than 65 percent.

“A huge boost every company out there is looking for an increase anywhere they can get it and that would have been a huge boost for the businesses in town,” Sam Roper said. "Compared to three other stores in Georgia the Snellville location is behind in total sales to all of them,” Roper said. “It definitely hurts a week before Super Bowl hopefully at this point we will do a lot of party platters and stuff to go so people can go home and drink their own beer I guess. And then there is Valentine’s Day, couples won’t even be able to enjoy a nice glass of wine together.”

A judge ruled Wednesday that Snellville has to stop granting licenses to restaurants that want to sell alcohol on Sundays.

Gwinnett County judge Mark Lewis also ordered the city to revoke immediately all licenses already granted.

From: Restaurants In Snellville Take Hit - Atlanta News Story - WGCL Atlanta

Let's bring Snellville Sunday liquor sales to a vote

I have no problem with it coming up for a vote. I think some folks in Snellville do want to push things ahead - I think they did mean well, but a vote should have happened - as we have heard from Judge Mark Lewis. I think the City of Snellville will appeal the judge's decision, but in the end we can just vote on it.

I'm sure taking a vote costs money and time but in this case it would have saved a lot of money and time too! I feel as if one council member knew the count was off and hinted ominously that the city could be open to lawsuits but didn't go into why she felt the city would be open to lawsuits (the miscount).

I think if a city council member knew there was a miscount of the days, the city council member has an obligation to speak up, because that person would be working in the best interests of the city AND the people that are supposed to be represented.

Anyway, mistakes I can understand, but when a mistake is seen by a council person who could have spoken up and saved taxpayers $10,000 or more but didn't, just so she could to be able to say essentially, 'See, I TOLD you so -- I was right.' is not excusable. In my opinion, she put her own personal gain ahead of the city AND ahead of Snellville citizens.

I voted for Kelly Kautz and my vote helped her get into office. I thought that getting some "young blood" in the Snellville City Council would be a positive thing. It has not been a positive thing. I realized this first when I read in the paper that Kautz urged citizens not to read about Snellville politics and elections online (Yes, there might be some things that aren't flattering, and could be even untrue, but isn't that up to the reader/voter to decide?) I think we don't need to do people's thinking for them. Why would someone want to discourage voters from increasing their knowledge?!? ("That don't sit right with me. That don't sit right with me at all.")

So basically, I can say here openly that I have decided I will not be voting for Kelly Kautz when her term is up, should she decide to run for office again.

Related links:A Facebook group of people who support Sunday sales of alcohol in Snellville restaurantsStarted and moderated by Brenda Lee.

Stop fooling yourself - it IS about religion

“This is not about religion. This is not about prohibition. It’s not about standing in the way of progress. Progress is giving people the right to vote.” ~Attorney Rick Stepp, who represents the handful of Snellville residents who oppose Sunday liquor sales in restaurants on Sundays.

If it's not about religion, then why not move the non-alcohol-pouring day to another day other than Sunday?

(Rubbing chin, thoughtfully) Since he says it's not about religion, then it can be any other day of the week besides Sunday, right? Because banning it on Sunday really looks like it's about religion to me. Why would alcohol serving on any day of the week be banned, if not for religious purposes?

I suggest we pick Friday for alcohol-ban-day. After all, if we banned sale of alcohol in Snellville restaurants on Fridays that would probably prevent a lot more problems like DUI. Seems to me that less people would drink on a Sunday, since they need to be at work on Monday morning.

To me, it's not about drinking. I've already confessed to my 1 cup of white wine on Christmas Day 2009, after which I proceeded to take a nap on the couch. I really don't care for beer or any kind of liquor with my meal. I can go the rest of my life without a drink.

For me the right for alcohol (a legal product, by the way) on Sunday is about liberty, it's about separation of church and state.

Having the church and religion involved in government is only safe for you if the prevailing religion is yours. Someday, it might not be.

That's the kicker.

Those who promote restaurant protest on Sunday sales missing the point

"I wish every restaurant in Snellville would close in protest over the idiotic judge's ruling. Those of you who appreciate a glass of wine with dinner should just bring your business to the wonderful restaurants and taverns in downtown Lawrenceville."

This was posted in the AJC's Vent column...as of the time I saw it, it had already received 13 'thumbs-up' votes.

Although I acknowledge the passion, the person who posted it and the people who voted it up have missed some important points.

Restaurants closing in protest wouldn't send a useful message. Doing so would only hurt the restaurant and the city. Closing the restaurants wouldn't send a message to the city or the judge.(Would you really want a judge who would bend just because somebody didn't like his ruling?)

The City of Snellville wants restaurants to serve alcohol on Sundays. The City would like the revenue. It's really just a matter of time before the sale of alcohol on Sundays is allowed in Snellville. Snellville will get a new referendum and then it will pass.

Editorial: Sunday sales short-lived in Snellville

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.

_____________________________

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

Judge rules against Snellville Sunday liquor sales

Oh no comment from me. Why make any comment when I have this picture of Carrie Nation?

Welcome to Snellville. We crazy like family.

The judge said the state law is clear and that it’s an issue that is not for the city council to decide, but the voters.

“I believe what the city of Snellville did by not having a referendum has disenfranchised voters by not allowing them to vote on it,” said Judge Mark Lewis.

With that ruling, Lewis essentially nullified the Snellville City Council’s decision to allow liquor by the glass sales on Sundays.

City officials said their decision would help businesses that struggle with losing customers to other cities who do allow liquor by the glass sales on Sunday.

But the judge said the city went about enacting it the wrong way and that any licenses issued since the city council action are void.

The city countered after the hearing. “We certainly respect the opinion of the court, but we respectfully disagree,” said Snellville city attorney Winston Denmark. "We believe that there were several errors that the court committed in this ruling and the city is exploring its options at this point."

Denmark could not elaborate on whether that means an appeal of Wednesday’s decision or just waiting until they can put the issue up for a vote on the next available ballot.

Judge: Snellville Acted Illegally In Alcohol Controversy
WSBtv.com

Snellville liquor issue in court today

MyFox Atlanta

Snellville Liquor Sales Issue Heads to Court
MyFox Atlanta
The battle over "liquor by the drink" sales in Snellville is headed to court Wednesday. Last month, council members voted to allow restaurants to serve ...

Snellville's Sunday alcohol sale controversy

Judge to weigh in on Snellville alcohol controversy
Atlanta Journal Constitution
The political firestorm over liquor-by-the-drink sales in Snellville will come to a head Wednesday, when a Gwinnett County judge could decide whether to ...

Sunday liquor sales expected in Snellville

Snellville expected to pass Sunday liquor sales
Atlanta Journal Constitution

Monday, the mayor is once again pushing to amend the city's liquor laws to open the tap on Sunday sales. The law also would extend the hours licensed establishments could sell liquor, wine or beer from midnight to 1:55 a.m.

"It's about economic development, plain and simple," Oberholtzer said. "I'm afraid if we don't pass it, we're going to lose what restaurants we have left."

The mayor's efforts have failed three previous times this year amid divisiveness on the City Council. But with November's election, and a council more agreeable to Oberholtzer's ideas, the liquor law has a "99 percent" chance of passing, political observers note.

The Snellville City Council meets Monday at 7:30 pm at Snellville City Hall on Oak Road. You can attend the meeting and/or contact the Mayor of Snellville, Jerry Oberholtzer, and members of the Snellville City Council. Click this link for a page with contact information. If you don't let them know what you want, one way or another, a decision will be made by this council. I don't expect them to all disagree and for the issue to be tabled. A decision will be made. So if you care, contact - don't complain later that you didn't get what you wanted.

Snellville City Council delays Sunday liquor issue

One newspaper says it's been put off until January, another article says possibly March. The referendum would be to decide whether to put Sunday liquor sales up for a vote by citizens, the referendum won't be the actual vote on the issue -

"...the council tabled the vote on a referendum, until at least January. The move came after Councilwoman Kelly Kautz, citing Georgia law, said residents weren’t being given the proper 40 days notice before the November referendum.

More than 120 residents had packed council chambers for a public hearing on the issue."

Snellville delays Sunday liquor decision
Atlanta Journal Constitution - Atlanta,GA,USA

"Citing state law, Kautz stated that council members would have to wait 10 days from Monday to issue a call for election, and an election could be held no sooner than 30 days after the call was issued. Under those terms, a Nov. 3 election would be too soon."

Snellville residents will have to wait on Sunday alcohol sales

Gwinnett Daily Post - Griffin,GA,USA