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CITY ATTORNEY:
ALCOHOLIC BEVERAGE SHOW CAUSE HEARING – TARIQ KHOKHER, TEXACO #933 D/B/A FOOD EXPRESS, 3550 POWDER SPRINGS ROAD
Regular City Council Meeting
City of Powder Springs
May 19, 2003
Ray Buday stated the show cause hearing is to consider the suspension or revocation of the alcoholic beverage license for Tariq Khokher, Texaco #933 d/b/a Food Express, 3550 Powder Springs Road, for violation of the Alcoholic Beverage Ordinance that is a privilege license. Mr. Buday stated the license holder, Tariq Khokher was notified on May 15, 2003, of the hearing and he has the right to be present.
Mr. Buday briefly explained the procedures for the show cause hearing. He stated that he as City Attorney will preside over the hearing; the representative from the Powder Springs Police Department, Sergeant Russell Davis, will make a presentation of evidence to the Mayor and City Council; the license holder, or his representative, will be entitled to cross examine the City representative, and the Mayor and City Council may ask questions and the presiding officer may ask questions; the license holder will be entitled to present evidence or argument to the Mayor and City Council and the presiding officer or the Mayor and City Council may ask questions of the applicant.
Mr. Buday opened the show cause hearing for Tariq Khokher, Texaco #933 d/b/a Food Express, 3550 Powder Springs Road.
The show cause hearing is to consider the suspension or revocation based on the following charges and violations:
1. Violation of Section 3-183(c)(4) of the Alcoholic Beverage Ordinance
2. Violation of Section 3-66 of the Alcoholic Beverage Ordinance
3. Violation of Section 3-68(b) of the Alcoholic Beverage Ordinance
Sergeant Detective Russell Davis of the Powder Springs Police Department presented his report on behalf of the City. He stated that on May 13, 2003 he received information that the Texaco Station located at 3550 Powder Springs Road had sold an alcoholic beverage to underage person (17 years of age). Upon receiving the information he contacted the underage person, who stated that he could purchase alcohol at this location under controlled circumstances. Sgt. Davis then met with the underage person, made a photo of him, and checked him for fake identifications. Sgt Davis then provided him with a twenty-dollar bill, after making a copy to log the serial numbers. He then drove him to the Texaco Station. Before the underage person entered the store, he was given a tape recorder to put into his pocket to record any conversation with the store clerk. He then entered the store to purchase alcohol. Sgt. Davis was outside, with a clear view, watching the underage person. The underage person went to the cooler and returned to the front counter with two bottles of alcohol. At the counter, Sgt. Davis witnessed the underage person sit the alcohol on the counter and paid for. Once the alcohol was paid for, the underage person returned to the vehicle and Lieutenant Bagley entered the store. Lt. Bagley had the clerk come from behind the counter into sight of the underage person at which time the underage person identified the clerk. Sgt Davis returned to the store and met with Lt. Bagley, who located the twenty-dollar bill in the cash drawer.
After locating the bill, the serial numbers were verified with the copy of the bill, made earlier, then a positive identification on the bill was made. The clerk was then placed under arrest and transported to the Powder Springs Police Department. The store manager was called to close the store. The store manager was advised of the situation. The clerk was transported to Cobb ADC.
Christine Tribbish, legal counsel for Mr. Khokher, was present and cross-examined Sgt. Davis.
Tom Bevirt: Was this the same individual that had purchased alcohol one hour earlier?
Sgt. Davis: Yes.
Mayor Hulsey: Did the clerk check his driver’s license?
Sgt. Davis: No. He did not have a driver’s license on him. I had also told him to not tell a lie but to tell the truth.
Counselor Christine Tribbish cross-examined Tariq Khokher. Mr. Khokher stated that in the three years he has been open, he had never been cited for selling alcohol to underage persons, that this is the first time. Mr. Khokher stated he would lose a large amount of money not selling alcoholic beverages; he works approximately 60 hours; has two employees; reviews training weekly with the employees; stated this was the first time the clerk was to close the store alone; stated the clerk was terminated, and requested City impose a fine instead of suspension of the alcoholic beverage license.
Pat Vaughn: Doesn’t the cash register tape request a date of birth?
Mr. Khokher: Yes. He must have put in another date of birth.
Mayor Hulsey: He fabricated a date?
Mr. Khokher: Yes.
Mayor Hulsey: Does the date of birth show on the cash register tape?
Mr. Khokher: No.
Tom Bevirt: This is actually two violations. The clerk didn’t even look at identification. The license holder is ultimately responsible.
Nancy Arnold: What percent of sales are from single sales of alcoholic beverages. She suggested not selling singles.
Pat Vaughn: Did the clerk attend the Cobb Underage Drinking Task Force class?
Mr. Khokher: No.
Al Thurman: What is your training method?
Mr. Khokher: To check identification and to enter date of birth.
Sgt. Davis: The underage person used the marked twenty-dollar bill the second time he entered the store.
Mayor Hulsey: There are software programs that require dates of birth and will give a print out with this information on it. The dates of birth should be required to show on the cash register tapes. The City must hold the license holder responsible for the sale of alcoholic beverages.
The show cause hearing was closed.
TOM BEVIRT moved to suspend the alcoholic beverage license for Texaco #933 for thirty days, effective 12:01 AM, May 20, 2003 and to require all current employees attend the Cobb Underage Drinking Task
Force class within 90 days and after attending the class, submit copy of the certificates to the City Clerk. BOB FARMER seconded.
Clarification of the motion was made. Mr. Bevirt stated that Mr. Khokher also must attend the class again.
Bob Farmer withdrew his second to the motion because he didn’t feel Mr. Khokher should be required to attend the class again.
Tom Bevirt withdrew his motion. Mr. Bevirt moved to suspend the alcoholic beverage license for thirty days, effective 12:01 AM, May 20, 2003; to require all current employees attend the Cobb Underage Drinking Task Force class within 90 days from today’s date, to submit certificates to the City Clerk; and a 5-year probation. Bob Farmer seconded. Approved 5 to 0.
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