Cobb commissioners voted Tuesday to uphold a decision by the Cobb License Review Board to grant a liquor license for a new bottle shop on Johnson Ferry Road.
By a 4-1 vote, commissioners confirmed the decision to grant a beer, wine, liquor and Sunday pouring license to WellSpun Investments Inc., which plans to open the Habits Bottle Shop on 2940 Johnson Ferry Road.
That’s in the former location of Jackie’s Wine and Spirits, which has moved close by, to 3140 Johnson Ferry Road.
Jackie’s hired attorneys from the prominent Cumberland law firm of Taylor English Duma LLP to fight the new shop’s application.
Nearby residents also expressed opposition during the initial phase of the request, as the Cobb Business License Division denied the application. WellSpun appealed to the License Review Board, which granted the license in August.
But during a special public hearing Tuesday, the Jackie’s store attorney, Scott Jones, said the WellSpun request should be denied due to its proximity to two day cares and a church.
WellSpun hired a noted attorney as well, Parks Huff, known for his work in zoning cases, who said that Jackie’s doesn’t “want to have any competition.”
He showed a map of liquor stores in the East Cobb area (see below), showing that Jackie’s has a significant portion of the area to itself.
“They’re asking you to overturn a decision, not a recommendation,” he said of the License Review Board’s application.
The 2940 Johnson Ferry Road address is in a strip mall located close to the Sacred Tapestry church, which meets in another retail center.
One of the day care centers Jones referenced, the Princeton Montessori School ,has since closed. Commissioner Jerica Richardson asked Ellisia Webb, the Cobb Business License Division manager, if the distance between the store space and that day care played a role in the initial denial of the license.
“It could have,” Webb said.
Sam Hensley, an attorney represented the Business License Division and the License Review Board, admitted this was “a bit of an unusual situation” because state regulations are involved in liquor store licensing, as opposed to alcohol licenses for restaurants and convenience and grocery stories.
Jackie’s contended that the distance between the two liquor stores would be less than the minimum of 1,500 feet. Hensley said the measurements need to be made in as straight a line as possible, literally from front door to front door.
Huff claimed during the hearing that the distance was 1,560 feet by his calculations.
Another bone of contention was whether the Montessori school could be classified as an educational institution subject to the distance requirements. Huff said the now-closed facility is a day care center (as is the nearby Primrose School of Lassiter).
Richardson moved to uphold the liquor license. Commissioner JoAnn Birrell of East Cobb was the only vote against, and there was no discussion among the commissioners beforehand.
Related:
- Commission Democrats OK redistricting resolution
- Rising construction costs to delay Gritters Library rebuild
- Cobb approves short-term rental ordinance, other code amendments
- Cobb commissioners table proposals to regulate trash service
- Cobb trash haulers tell county officials: ‘We can fix this’
- Birrell asks for Cobb to delay proposed trash service changes
- Proposed changes to Cobb trash service draw citizen opposition
- $1 billion in 2022 Cobb property tax bills issued; due Oct. 15
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