From:        Ed Gilgor - edwardmgilgor@comcast.net
Subject:    Summary of Proposed Modifications regarding Exemption from Distance Requirements.
As you all know, there has been an on-going effort for several years to modify the current distance restrictions placed on businesses which sell alcohol for on-premises consumption.  Specifically, the effort has been to make it possible for businesses to offer live musical entertainment, which they are currently precluded from doing by the ordinances.  The proposals contained in this memo represent the combined efforts of business owners, residents, and neighborhood leadership to craft a balance which would allow for such live performances and at the same time ensure that interests of other businesses and residents are adequately protected as well.  Given that the proposed Ordinance consists of ten pages of single-spaced text, this Summary is not meant to be comprehensive in terms of detail, but rather is designed to provide a broad overview.
 
Covered Area: Glenwood Ave: Joseph to Haas. Flat Shoals Ave: Metropolitan to May.
 
General Conditions - Applicable to all business which seek to use the exemption, whether they have a live performance scheduled or not.

• Have people stationed outside of the licensed premises making sure that no person left with any alcohol or beverage container.
• Place refuse receptacles directly in front of the licensed premises to allow for trash to be deposited.
• The business would agree to respond in writing to any concerns regarding its operations.
• The physical structure would be maintained in good repair.  The grounds of the premises would be swept daily. Exclusive enclosed and screened Dumpster for each business.
• If there was a noise complaint stemming from the performances, the business would agree to enter into a process to resolve the issue.

Live Performance Conditions

• Hire an off-duty Police Officer to patrol for parking violations at least two hours after any performance begins and for noise, litter, vandalism, and similar violations at least one hour before and after closing time.  This would be a total of four hours per night per performance.
• Have exclusive parking available during the time of any performance with a ratio of one parking space per four potential attendees at the event within 400 feet of the facility or have valet service available.
• No later than 8:00 AM on the day following any performance, all glass bottles, plastic cups, aluminum cans, cigarettes, matches, and cigarette packs would be collected.

Benefits to Businesses

• The distance requirements set forth in Section 10-88(a) & (b) shall not apply, so as to allow restaurants to offer Live Performances.
• When there is a Special Event which has a Temporary Alcohol License, alcohol can be transported between the event and any Licensed Premises next to the event, if both the Special Event Applicant and the Licensed Premises agree;
• When there is a Special Event which has a Temporary Alcohol License any business next to the event can expand the boundaries of its licensed premises into the temporarily licensed premises so that the two overlap, if both the Special Event Applicant and the Licensed Premises agree;
• Outdoor music is permissible, but it is not permitted to be audible at a distance more than 100 feet from the property line of the licensed premises at which it is being played;
• Bars, which could not otherwise sell alcohol on Sunday, can do so if they have a Ticketed Performance taking place on that day;

Process for Seeking Exemption

• Business Submits Application for Exemption to License & Permits Unit.
• Review by Neighborhood Planning Unit of Application.
• Special Panel Convenes to hold Public Hearing to review Application.

• The unique geographical circumstances of each business relative to other commercial and to residential properties.
• Impact of criminal activity;
• Impact of traffic;
• Impact of parking;
• Impact of patrons walking to and from vehicles;
• Impact of debris & litter; and,
• Impact of noise.

General Information

EACA is actively seeking new leadership for next year.  Current President Jelena Crawford will not be eligible to return next year and current Secretary Lea Johnston will be welcoming her firstborn into her family.  This is a great chance to improve your neighborhood in areas such as Public Safety, Code Enforcement, Land Use and Zoning, Education and Transportation to name just a few.  Elections will be held at the December 14th EACA meeting for all four officer positions, including Vice President and Treasurer.

To learn more, contact one of the nominating committee members, either Henry Bryant at 404-377-6148 (or hbryant@mindspring.com) or Myron Polster at 404-429-8815 (or myron.polster@comcast.net). 

To learn more about the East Atlanta Security Patrol or to enroll, visit the EASP website (http://patrol.eaca.net). There is a 50% discount for longtime residents and those 65+. To qualify, you must have lived at the same address for 20 years or be over age 65.  We also have a 20% discount for members of an APD-sanctioned Neighborhood Watch.  Please contact us if you're interested in setting up a Neighborhood Watch on your street.
 
If you have additional questions, please direct them to securitypatrol@eaca.net, or call EACA Public Safety Chair Myron Polster at 404-429-8815.

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