Commission approves Simple Spirits’ change-of-location license over neighborhood objections

The Albany City Commission on Tuesday approved a conditional change-of-location alcohol license for Simple Spirits Inc., d/b/a Happy Liquors, allowing the package store to move from 2424 Sylvester Road to 110 Cordele Road Unit 1.

The vote followed extended public comment and attorney presentations after staff acknowledged the permit had been processed administratively as a license transfer rather than the required change-of-location application. Commissioners approved the item by roll call after a motion to approve the license was made and seconded.

The vote matters because the relocation puts two off-premise alcohol retailers in close proximity on the city’s east side and raised legal and neighborhood concerns about licensing procedure and state distance limits. Several speakers urged the commission to reject the transfer until the error was resolved; the applicant and his counsel said the city initially issued a license and the owner relied on that permit when buying the new property.

Jim Edge, an attorney with Moore Clark Newell & Rogers representing the applicant, told the commission that his client, Joe Vien, had followed the city’s instructions and invested “hundreds of thousands of dollars” after receiving a city-issued license for 110 Cordele Road. Edge said the license was not revoked and the owner closed on the property in reliance on the city’s administrative permitting.

Owner Joe Vien addressed the commission directly: “I bought this business in 1989 … I have operated that business with utmost integrity,” Vien said, describing 35 years of operation at the original location and saying he moved because he was granted the city license for the new site.

Neighbors and the owner of the long‑running nearby business, identified in the record as Tim Tate, urged the commission to deny or delay approval. Tate said he had not been notified and urged commissioners to enforce Section 6-99 of the city code, which the city attorney said requires commission approval when a license’s location changes. Tate and family members said the previous owner had repeatedly offered to sell the property to them and argued the move harmed an established local business and landmark.

City staff acknowledged an administrative error: the application was processed as a transfer rather than as a change of location and therefore did not appear on an earlier work-session list. Chief Donaldson and licensing staff told the commission the notice requirements set by city code had been followed for the public advertisement and that the police department had no calls for service related to the applicant's business at either location in the last 12 months.

The commission discussed state law distance restrictions for off‑premise alcohol sales; the city attorney said the state enforces its own proximity rules and will not issue a formal position unless the state has a pending license application before it. Commissioners said the outcome before the state could still be affected by the local action but that the city’s approval does not bind the state.

After argument and comment, commissioners voted to approve the change of location as a conditional item. The motion passed on a roll call (Ward 1: no; Ward 2: yes; Ward 3: yes; Ward 4: yes; Ward 5: yes; Mayor: yes). The city manager and licensing staff said the license will proceed to the state for final processing; the city noted the state may review proximity and could deny the state license regardless of the commission’s vote.

The applicant’s state license paperwork was described in the meeting as issued but not yet physically delivered; staff said they had submitted required documentation to the state and that state timing is outside the city’s control. Commissioners and staff said additional enforcement and review steps remain if neighbors or the state raise legal objections.

Votes at the meeting recorded that the commission approved the item to move forward with the local licensing step.

The commission did not adopt any additional procedural remedies at the meeting nor rescind the administrative action that led to the confusion; commissioners said staff would review internal procedures to avoid similar errors.

The new license, if ultimately approved by the Georgia state licensing authorities, will allow Simple Spirits to operate at 110 Cordele Road Unit 1 pending any state determination about proximity to other licensed outlets.