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Coffee County commissioners reverse denial and grant West Green Liquor an alcohol license
Summary
At a special-called Aug. 5 meeting, the Coffee County Board of Commissioners voted unanimously to reverse a prior denial and issue West Green Liquor an alcohol license after a contested hearing in which applicants argued that a competing license had been improperly measured and was too close to a school.
The Coffee County Board of Commissioners voted unanimously on Aug. 5, 2024, to reverse a prior denial and issue an alcohol license to West Green Liquor after a special-called hearing in the commissioners' meeting room.
Chairman Jimmy Kitchens opened the meeting at 11:20 a.m. and said the session's purpose was to hear applicants Ajaykumar Patel and Datteshkumar Patel on their application for a license to sell malt beverages and distilled spirits. County Attorney Tony Rowell told the board that the original denial was based on the county's proximity rule: the applicants' proposed location was less than 1,500 feet from an existing business that sells distilled spirits, which the county had treated as a disqualifying circumstance.
The applicants disputed that outcome, arguing that the other license was granted because of an improper application of the county ordinance or an incorrect measurement method. They presented a survey they said showed the other location is less than 600 feet from a school, which they said would have made that earlier license inappropriate and affected the evaluation of their application. The record also contained evidence and a competing survey indicating the other location is more than 600 feet from the school; the Board admitted all documentary evidence into the hearing record.
Vice Chairman Johnny Wayne Jowers said he believed "the County needs to look at this matter," and the Board agreed to close the public hearing. On advice of County Attorney Rowell, commissioners moved into executive session for legal consultation under OC.GA. 50-14-2(1); the executive session began at 11:50 a.m. and concluded at 12:20 p.m.
After deliberation, Vice Chairman Jowers moved "to reverse the previous decision and issue West Green Liquor a Coffee County alcohol license." Commissioner AJ Dovers seconded the motion; all five commissioners—Chairman Jimmy Kitchens, Vice Chairman Jowers, Commissioner AJ Dovers, Commissioner Ted O’Steen and Commissioner Oscar Paulk—voted in favor. The Board then adjourned the special-called meeting at 12:25 p.m.
The county record shows the hearing exhibits were entered into the record and that notice of the hearing was deemed sufficient by agreement of the parties. The transcript reflects conflicting surveys and competing evidence about the distance between the previously licensed business and the nearby school; the Board's public action was to reverse the prior denial and issue the license to West Green Liquor rather than to make a public finding resolving which survey was correct.
No additional conditions, appeal timelines, or administrative remedies were stated on the record at the meeting's close. County Attorney Tony Rowell advised the Board during the process and the Board acted by motion and unanimous vote to grant the license.
