Published Friday, December 18, 2009

Jabaley must close 1 liquor store for now

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."