By Jana Cone/reporter
TIFTON
Tue, May 13 2008
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City Council members decided not to put an alcoholic beverage license request from Veoliver Curry on their consent agenda for their regular meeting to be held early next month. Three other alcoholic beverage license requests were placed on the consent agenda.
Curry was requesting the license for his What’s Next ???? Billiards business opening at 510 South Tift Avenue. Curry is known locally by the nickname “Cadillac.”
Tifton Police Department Chief Jim Smith presented the application to the council members at their workshop meeting held Monday evening. Curry was not present at the meeting and Smith was substituting for City Clerk Rona Martin, who was absent.
The criminal history record attached to Curry’s application included:
• An arrest on June 28, 1999, by the Colquitt County Sheriff’s Office for misdemeanor simple assault and theft by taking; the case was dismissed on August 16, 1999.
• An arrest on July 27, 1999, by the Colquitt County Sheriff’s Office for felony purchase/possession of a controlled substance; the case was dismissed on May 8, 2000.
• An arrest on May 4, 2001, by the Tifton Police Department for two counts of felony theft by taking; the case was dismissed on February 27, 2006.
• An arrest on June 23, 2004, by the Tift County Sheriff’s Office for felony theft by conversion of leased/rented personal property; the case is still pending in court, according to a note written by Smith.
• An arrest on May 28, 2005, by the Ben Hill County Sheriff’s Office for misdemeanor driving while license suspended or revoked; the status of the case is unknown.
“In spite of all these (arrests), we recommend approval,” Smith said. The application was signed as recommended for approval by Smith, City Clerk Rona Martin, Assistant to City Manager Larry Riner and City Manager Mike Vollmer.
City Attorney Greg Sowell said the council had two options: To approve the application or to table the request and give notice to Curry to come forward for a hearing. “Then within 30 days (of the hearing) you have to give a decision,” Sowell said. “You do not have the option to vote against it without a hearing.”
“We just primarily do a background check,” Smith said.
Sowell said that typically the council would look at whether the crimes were misdemeanors or felonies and the outcome of the charges. “The greater question the council has to answer is, when it (license) is issued, the extent to which the holder will see that the alcohol laws will be followed.”
Sowell said the council members did not have the discretion to just deny the application. “Let me say also, it is a license and closer to a right than a privilege. The decision has to be based on fact.”
When contacted by The Gazette on Wednesday, Curry said that he thought the council had approved his license. He said that he would attend the next City Council meeting. “We’re just waiting on the alcohol license,” Curry said of his new business’ opening.
“If any (council) member has any questions at all or there is any further discussion at all, it does not go on the consent agenda,” Sowell told The Gazette on Wednesday. The item will appear on the agenda at the April 7 regular city council meeting. Sowell said they could approve it at that time or they could table it and ask for a public hearing. He said that if the council decides to have a hearing, Curry would be sent a letter stating the concerns of the council members.
Alcoholic beverage license requests that were placed on the consent agenda by the council included:
• Zack’s Mart, located at 3301 U.S. Hwy. 82 West; had no criminal record for Zakaria Salman.
• Stop & Shop, located at 301 W. 7th Street; had no criminal record for Fidela Perez, Mohammad Hamid or Muhammad Sheikh.
• One day license for Tifton Museum of Arts and Heritage, located at 2008 Patronage Drive.
To contact reporter Jana Cone, call 382-4321, ext. 208.
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