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Published Friday, December 18, 2009 in Local
Jabaley must close 1 liquor store for now
By Jeff Bishop
The Newnan Times-Herald
Grantville Councilwoman Rochelle Jabaley is being forced to close one of her two liquor stores in Grantville after Judge Lisa Reeves found her in violation of a city ordinance Thursday.
The city ordinance -- which Reeves described as "poorly written" and out of step with state law -- forbids anyone from owning more than one liquor store within the city limits.
Jabaley was fined $370 and told to temporarily close Jabaley's Liquor Store until the city adopts a new ordinance, possibly as early as January, that will allow her to reopen it and put the city into conformity with state regulations.
She was also ordered to stop selling Georgia Lottery tickets and potato chips at the store that remains open.
"That second store is going to have to cease and desist operation until after your new ordinance is passed," said Reeves, Grantville's recently-appointed city judge.
"Mrs. Jabaley is in a bad situation," said Reeves, who seemed sympathetic to Jabaley's situation.
Jabaley pleaded guilty to charges related to selling potato chips at the store. But she fought the other charges.
One charge dealt with her neon window signs, which advertise some of the products sold in the store. Jabaley said she was aware of the ban against "exterior advertisement" signs, but she explained that she didn't think the neon signs constituted a violation since they are actually located inside the store (although they can be seen outside).
Jabaley said she found it strange that local police officers have taken a sudden interest in enforcing these ordinances since she's been operating a liquor store since 1981 and never had a problem before.
"I've had police coming in and out and no one ever indicated to me that it was a violation," she said of the signs.
She came before the Grantville council seven-and-a-half years ago with plans to open a second store, she said, and she was told at the time that she would be in compliance with the city ordinance so long as the second store was placed in the name of "someone who was not a blood relative."
"I've had the second store for seven-and-a-half years, and I've never had a problem," she said.
Reeves said she understood Jabaley's situation, but at the same time she has a duty to be fair to everyone.
"What I have a problem with is that the city of Grantville wrote this ordinance," said Reeves. "So far as the state of Georgia goes, you're OK. It's your own city code that's the issue."
Jabaley said the city plans on revisiting that particular set of ordinances at its Jan. 11 meeting.
"We will be matching it with state code, and I expect it to pass," said Jabaley. "I don't think this will be a problem after that."
"If it doesn't pass, then you're going to be in this same situation that we are now," said Reeves.
Jabaley asked Reeves why the law is suddenly being enforced now when it wasn't enforced previously.
"Guess what? I wasn't the judge, then," replied Reeves. "I don't have a clue, Miss Jabaley."
But the ordinance has to be enforced, she said, "or I've got to start letting the drug dealers go, too, and I can't do that. I've got to administer the law as it is written. That's the fair thing to do."
She advised Jabaley to keep her neon signs unplugged until the issue is resolved. They can remain in the window until that time, the judge said.
"Just turn it off," said Reeves.
She also informed Jabaley that it's not just potato chips that are the issue. She will have to stop selling Georgia Lottery tickets, as well, since the license only allows for the sale of alcohol and tobacco products.
"Miss Jabaley, did you read this ordinance?" asked Reeves.
"No, I did not read the ordinance," Jabaley answered.
"It does not allow you to do anything but sell alcoholic beverages and tobacco -- and that's it," she said. "That's all you can do."
Jabaley said that's going to hurt her overall sales since tickets sell well during the holiday season.
"It's an unfortunate situation," Reeves said. "But you need to at least get your city ordinance in compliance with the law of the state of Georgia."
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Now that the city council has to rewrite the liquor ordinance i think they should just do away with it. Grantville dosen't need 3 liquor stores ! GET RID OF LIQUOR STORES !!! LET'S CLEAN UP GRANTVILLE !!!
Posted by Scott S. at 2:44 PM
Maybe the city of Grantville doesn't want to pay the processing fee? Oh well alot of small towns dont accept debit/credit cards to pay fees.Find something else to poke fun at them about.
Posted by ??? at 12:59 PM
I just want to know if the city has any plans of getting with the times and start accepting debit cards to pay those "arm and leg" utility bills that are always due befor 10am. At one point there wasnt a working ATM in the entire city and I don't own checks b/c well, EVERYBODY accepts debit cards!!
Posted by SHines at 12:04 PM
Now how is Grantville going to stay so tacky without neon signs. This is the dumbest thing ever. I think the city of Grantville should focus on the people selling meth, not the people selling chips. Grantville could actually be a really beautiful place if people would put some legal money into it. There will be no progression in a place full of drugs and uneducated people.
Posted by some things should not be published at 11:38 AM
Grantville government has been a joke for the 14 years I have been here. Lets turn it over to the county.
Posted by John Wilkie at 10:54 AM
what difference is it what you sell in your own store,and how many you own, how many stores does tucker own? and everyone has neon signs geeze give this nice lady a break she is only making a living,I am like her why all of a sudden now,and its been goning on for years and you let her open it, I personally think the city needs to keep up with their own job. and leave her alone.
Posted by non drinker at 1:40 PM
Susan, how is Ms. Jabley responsible for us not getting a grocery store yet? I have been wondering why they have not started on the Food Lion yet?
Posted by SherryL at 5:49 AM
Because the other liquor store owner isn't a council person and they didn't know they were in violation of any ordinances. The other liquor store got a warning and will resolve this issue when the ordinances are rewritten. Rochelle got slamed because she has been sitting on the city council of Grantville for years she is supposed to know the ordinances of the city.
Posted by Maggie at 11:22 AM
Just wondering why non of the other stores in Grantville have to turn their neon lights off, after all that is breaking the law if they are on right?
Posted by Curious at 3:31 AM
she know what the law are.
one liqour store no more.
Posted by terrell clark at 9:19 PM
To the person suggesting a movie about Grantville...it has already been done. The movie is called, "Dumb and Dumber". Just another example of why Georgia is considered to be in the top 3 of laughing stock states. I forwarded the article to Leno, Letterman and Conan. Watch for the monologue.
Posted by coweta cur-mudgeon at 2:58 PM
Someone needs to send this article to Leno ! Can we call Obama's new potato czar "Mr. Potato Head" or how bout "Spud" maybe just "Chip" ?
Posted by Fred at 2:47 PM
I never really though Id hear this Drama!! City can Trump County but they have to be as strict as State and federal, but can be stricter depending on what they feel will benifit the city's best intrest. Therefore Coweta feels Liquor Store arent in their best intrest, but the city of Grantville can allow them if the feel it would be benifical for the city, so can the City of Newnan, Senioa and Sharpsburg if they wanted to allow them.Coweta Co, has choosen not to allow Liquor Stores in the county. This is how the law works. Federal sets a US nation wide standard, that applies everywhere, then each state must enforce that standard, but can add to and make stricter their laws.Then each county must follow State laws but can ad to benifit the county,Then each city can also add to such laws, or by rights choose to abide to federal or state laws rather than County laws.It is a bit confusing why Citys trump County, but this is the way it is!And you Grantville trashers, there is corruption in our government everywhere, just turn on the TV people! Dont trash mouth the town just becuase its small,this stuff is hapening everywhere.
Posted by Lisa at 1:40 PM
We have lived in G'ville for 16 yrs and the ignorance of the 'officials'are an embarassment! We could have a New Grocery store if not for Ms Jabley...Shut em all down, Judge Reeves!None of them are use to following the LAW!! You would think this is the old west!
Posted by Susan at 5:02 AM
This is going to cause a potato chip black market.
Posted by Skip at 11:04 PM
I don't care if the lady wants to enforce the law. I just wanted to know the judge's background. To be truthfully I didn't even know Grantville had its own judge.
Posted by ??? at 7:58 PM
Why are you people blameing the judge for enforcing the law. That's her job. If you want to be angry at someone, blame whoever wrote the ordinances.
Posted by rt at 6:13 PM
Now where have I heard that name before? Huh wonder if she knows any big hollywood comedians?
Posted by ??? at 5:04 PM
This is why so many businesses fail , too much government intervention , along with taxes , and ordinances who says this is a free country?
Posted by Twocrows at 4:55 PM
This is crazy....one year forward and 50 backwards...Lets get back into this century ASAP...Also what ever happened to the Thomas X-Roads "Starship Enterprise"???.....
Posted by Juan King at 4:13 PM
Jen, you are correct that city of Grantville is in the county, but it’s against the law to sell liquor [whiskey] in the county. It’s NOT against the law to sell whiskey in the city of Grantville.
Posted by Susan at 4:05 PM
Judge Reeves sounds as if she has a personal agenda against drug dealers & compassion for alcoholics huh? alcohol by far is the NO# 1 Killer of all drugs
Posted by tim at 3:46 PM
Wow, not since then-Mayor Tucker had the state drop him from cashin' in foods stamps (and he then had to close the grocery store) has a Gruntville official been in such trouble...no wait, the last city manager got busted for an attempted drug buy...and then their was the copo who crashed a suspects car, and the theft of...hey, it's endless in Gruntville. Isn't Coweta embarrassed by the thievery that a city charter allows? How does Georgia allow a city to be in businesses to just take and lose money. If Gruntville got out of the utility business and police business, too, then things would progress. No legit business will come to a place that can't speak infrastructure. These so-called 'leaders' should be sued for taking citizens money, and jailed after the audit. Perp walks for Gruntville scoundrels.
Posted by Theodore Bundy at 3:06 PM
You can sell food in Coweta County but not have a liquor store in the county - Both the liquor stores in Grantville are IN Coweta County. The sign indicating the county change is past the second one.
Posted by Jen at 2:30 PM
Ummm…. Claiborne White, where did you go to law school???? Something doesn’t sound right about that. If federal trumps state and state trumps county and county trumps city. Then why have any state, county or city laws and or ordinances?
Posted by Sam at 2:27 PM
The only remedy to bad law is to enforce it against someone with the power to change it.
Posted by exasperated at 2:04 PM
I thought this was a April Fools joke at first....Then I realised it was mid December. Come on Really? Don't they know once you pop you can't stop?
Posted by Streaker at 1:59 PM
Yes Ms Jabley has stepped on someone toes, her very own!!! She started this by trying to have her completion shut down. Ms Jabley went to the old city manager [the city manager that Mr Starnes replaced way back when] and complained to him that her competition was in violation of city ordinances and she wanted them shut down. When the city manager looked at the ordinances, he found out that Ms Jabley was in violation of the ordinances. It is against the law to sell food and have lottery in a liquor store. Ms Jabley has been trying to keep this hush-hush hopping it would go away instead of being proactive and correction the situation as she is obligated to do as a council person.
Posted by Sam at 1:31 PM
Coweta County and the city of Grantville have separate ordinances. You can sell food in Coweta County but not have a liquor store in the county; in the City of Grantville you can have a liquor store but not sell food in the liquor store.
Posted by Susan at 1:23 PM
This city ordinance should not be enforced for the basic reason that it is in conflict with superior legal authority. The state law trumps any city ordinance that may be in conflict with it. Just as Federal law trumps State laws that may be in conflict.
That the judge does not understand that her job is to interpret laws and determine if they are valid based upon standing legal doctrine(State Law), and if not then the city ordinance needs to be ruled invalid and sent back to council to be revised.
Posted by Claiborne White at 1:05 PM
This is one of the most bizarre articles I've read. Why is the judge comparing selling potato chips illegally to drug dealers?
Posted by mdl at 12:51 PM
It is plain and simple. Ms Jabaley has stepped on somebody's toes. They found a way to get back at her. If this has been the norm since 1981 you would think this would be grandfathered in due to time passed. Maybe she should change on of the stores to STARSHIP and make someone happy.
Posted by disgusted at 12:31 PM
The ordinances of G’ville clearly state that a liquor store CAN NOT sell food or lottery tickets. Potatoes Chips are food. Not only that, but because Ms Jabley is a council person, she should have first hand knowledge of the ordinances for the city she represents – wouldn’t you think? Ms Jabley HAS known about her violations for a whole year and she hasn’t brought up in any council meeting to have the ordinance changed, not even once. She has sat on her hands and done nothing, putting the charter of the city at risk and now putting her employees out of a job.
Posted by Susan at 12:24 PM
Apparently those of you who have taken the time to comment on this article have not done your homework to get the real facts. First, Ms. Jabley created this monster when she tried to close down her only competition. Second, this situation has been brewing for over 2 years now. It's only because of a forward thinking Judge and responsible council members that this is being dealt with now.
Posted by A Concerned Grantville Citizen at 11:54 AM
You could choke on potato chips, potato chips can make you fat ... so clearly, we can't have unregulated potato chip sales going on in this county! Maybe Pres. Obama should name a potato chip czar?
Posted by Carolyn at 11:47 AM
I didn't know there were any liquor stores in the entire county, so this is a pleasant surprise. However, the county itself should allow them so we don't have to keep giving tax dollars to Peachtree City and Fairburn.
Posted by John at 11:43 AM
City manager got arrested for buying drugs in his own city and now a city council member is guilty for selling potato chips in her own store.
Posted by Chris at 11:41 AM
"Jabaley pleaded guilty to charges related to selling potato chips..." What?? I wish there was a little more elaboration why she was fined for selling potato chips
Posted by Jon at 11:15 AM
This is the crazyest thing I ever heard of. Do you have to have a licence for individual products that a store sells? Someone should write a Book (it would have to be fiction) or even make a movie about how Grantville lives.
Posted by Paul D Noble at 11:05 AM
I guess Mrs. Jabaley is a lot easier to push around than any of the Meth dealers the cops drive by every day in Grantville. Any other businesses the Honorable Judge Reeves would like to shut down at the busiest time of the year?
Posted by JS at 10:58 AM
You have got to be kidding me. These liberal judges and their pettiness must be stripped of their gavel & robe and sent packing to Social Europe. I am sure if Reeves ever had a "real" job he would of found a different ruling. We all know that "rules" can be twisted any way and perceived any way. Just look at Washington. Reeves stated to the owner "I was not the judge then". I say bring back the other judge and get rid of this liberal nutcase.
Posted by cougar at 10:50 AM
The police took a 'sudden' interest when Ms Jabley ran to the city manager and told him to shut the only other liquor store that is not owned by her down. When the city manager looked into the matter, he found that Ms Jabley was in violation of city ordenances, not the store in the forks!!!
Posted by Maggie at 9:57 AM
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12/25/2009
Link To This Comment
Okay, so it's a crime now to own more than one store. That Law needs to be re-written. I don't see what the big deal is about Mrs. Jabaley owning more then one store and being on the council. Re-write the ordinance and leave her alone. Go after alll the drug dealers in your city, not honest, hardworking citizens.
Posted by Kassie at 8:16 PM