Commission approves Simple Spirits change-of-location after staff error; state will review distance rules

The Albany City Commission on Monday approved a conditional change of location for Simple Spirits Inc., allowing the package store to relocate its city alcohol license from 2424 Sylvester Road to 110 Cordele Road, Unit 1.

The vote followed a lengthy public discussion in which the applicant and nearby property owners described conflicting accounts of how the application was handled. Jim Edge, an attorney with Moore, Clark, Newell & Rogers, said his client, owner Joe Bien, had followed city staff instructions, paid required fees and relied on a city-issued license before buying and renovating the new property. "He invested a lot of money based on the idea that he was going to be able to operate it as a liquor store," Edge said.

Why it matters: The relocation prompted objections from the owners of Tate's Liquor, who said city staff processed the file incorrectly and allowed Simple Spirits to open across the street without a formal commission approval the property owners think the city code requires. Tates' representatives asked the commission to deny the change of location because, they said, the transfer should not have been administratively processed and the move may violate state proximity limits for liquor stores.

City staff, represented at the meeting by Chief Donaldson (city licensing official), acknowledged an administrative error: the application was run as a license transfer rather than a change of location, which required commission review. Donaldson told commissioners the state licensing agency will ultimately determine compliance with state distance restrictions and will not give a pre-decision advisory; the city's action does not bind the state.

Commissioners heard that the state has a distance restriction but that the state will not provide a written determination except when a license application is pending before it. The commission heard that the applicant currently holds a valid state license pending issuance of final state paperwork.

Vote and next steps: The commission voted to approve the local, conditional change-of-location request. Commissioners described the process as a "mess" because of the administrative handling. Staff said the matter will come back in the February cycle as required for the state's review; the state will then decide whether the proximity of the two stores is permitted under Georgia law.

What was decided and what was not: The commission approved the local paperwork allowing the business to proceed administratively, but it did not — and cannot — override state licensing or distance rules. The commission also discussed but did not adopt any remedy related to the earlier administrative error beyond approving the application for state review.

Community context: Nearby business owners said they have long-standing operations in East Albany and raised concerns about fairness and consistency of enforcement. The applicant said he had operated the prior location for 35 years without incident and that the timing of approvals led him to invest in the new site.

Officials said the state licensing decision is the next decisive step; if the state denies the license on proximity grounds, the local approval will be moot.