Council overturns three-day suspension for Sunset Alpharetta, citing ordinance wording

Alpharetta City Council voted unanimously to overrule a hearing officer's three-day suspension of the alcohol license held by Naughty Dog LLC (doing business as Sunset Alpharetta), concluding the record did not prove the business violated City Ordinance 4-47 A1.

The appeal hearing began after the city cited Sunset following an officer's late-night visit in early 2026. The city's record included a telephone call in which an employee reportedly said the kitchen would close in an hour and body-worn camera footage showing the kitchen area dark. City staff also raised an earlier excise-tax collection issue; outside counsel for the appellant said that tax matter has since been resolved through payment.

At oral argument, counsel for Naughty Dog, Mr. Pasy, acknowledged the record supported a finding that Sunset's kitchen was not prepared to "make" food at the time of the officer's visit but argued the ordinance requires only that an establishment be "prepared to serve food," not to be actively cooking on demand. "Prepared to serve food" could, counsel said, include pre-made salads or other items available for immediate service, and the record contained menu items that could have been served without an active kitchen crew. Counsel also noted the record did not contain evidence that any customer had attempted to order food and been refused.

Council members questioned that interpretation with hypotheticals (peanuts, popcorn, pre-made items) to probe whether such items meet the ordinance standard. A council member asked about the unpaid excise tax and how quickly it was remitted; counsel replied that payment had been accepted and the tax issue was resolved in the lower proceeding.

Several council members said the record lacked proof that customers were denied food and endorsed a textual reading of the ordinance. "The record contains no evidence that any customer was unable to obtain food service or that prepared food was actually unavailable," one member said during deliberations. That view helped drive the motion to overrule the hearing officer's finding and uphold the appeal.

The council voted to overrule the hearing officer and restore the license without imposing the three-day suspension; the motion passed unanimously.

During debate, a council member expressed frustration that this was the third recent case in which a restaurant or its staff had not paid excise taxes promptly, saying the council should consider strengthening penalties and clarifying language to prevent future disputes. Council members suggested staff review the ordinance language and return with recommended revisions to clarify when an establishment must be prepared to serve food while also ensuring enforcement tools are clear.

Following the vote, the council recessed into an executive session to discuss litigation and real estate and later reconvened and adjourned.

The council did not adopt any ordinance changes at this meeting. Any modification to Ordinance 4-47 would require a separate staff review and council action at a later date.