Bay Breeze Restaurant owner appeals liquor store denial Archives

The owner of the Bay Breeze seafood restaurant in Northeast Cobb wants to operate a liquor store at that location.

But after the Cobb Business License Division Manager and the agency’s review board denied that request earlier this year, the matter will be going to the Cobb Board of Commissioners next week.

An agenda item for Tuesday’s meeting indicates that there will be a public hearing after Bay Breeze appealed the denials, which were issued due to distance requirements to nearby homeowners.

More than a dozen citizens also sent e-mails to the Cobb Business License office opposing a liquor store.

Documents filed for Tuesday’s meeting indicate that the building at 2418 Canton Road is 177 feet from a residential property line. The county code allows denial of an alcoholic beverage license if a location is within 300 feet.

Some businesses, especially restaurants, often appeal those decisions to get waivers that are typically approved on a routine basis.

But retail liquor stores can be a different matter.

BSC Packing LLC and owner Steve Constantinou said in the appeal that it is seeking a license to operate a daily package store at the current Bay Breeze site, which is just under 10,000 square feet.

The building sits in front of the Chimney Cottage neighborhoood, where much of the opposition has come from.

In July, the license review board upheld the initial denial for an alcohol license. BSC Packing has retained attorney Parks Huff of the Sams Larkin Huff law firm to represent it at Tuesday’s hearing, which is conducted like a court proceeding.

But opposition to a liquor store has been brewing for months.

Agenda item documents include e-mails from last November to the business license agency from nearby residents, who said there are other liquor stores in the area and another such business would be detrimental to the community.

They include Carol Brown of Canton Road Neighbors, a civic association, who said that there are safety concerns because of more frequent vehicular traffic stemming from a liquor store.

She noted that the Bay Breeze property was zoned neighborhood retail commercial (NRC) in 2007 “and therefore may escape close scrutiny” for the final plans,

Another resident counted seven package stores and 11 gas stations selling alcohol in a two-mile radius. Bay Breeze is located on Canton Road just below a busy intersection with Piedmont Road.

A Chimney Cottage resident wrote to the license review board that a liquor store “would attract an undesirable element and detract from an otherwise wholesome family environment. With everything going on in today’s society, this is just not something I want to worry about.”

East Cobb News has left a message with Huff seeking comment.

In its notice of appeal, BSC Packing said the store would start with three employees who would be trained on proper alcohol sales policy and would be subject to termination for sales to minors.

The applicant also said that a video recording, storage and retrieval system would be established that is “commensurate with the size and layout of the store and parking lot after converting from a restaurant.”

In 2022, Cobb commissioners voted to uphold a license review board decision to grant a liquor license for a new bottle shop on Johnson Ferry Road despite fervent community opposition.

Huff was hired by the new store’s owners after residents and another liquor retailer opposed the new business, but the vote to approve was 4-1.

The commission meeting begins at 9 a.m. Tuesday in the second floor board room of the Cobb government building (100 Cherokee St., downtown Marietta).

The full agenda can be found by clicking here.

You also can watch on the county’s website and YouTube channels and on Cobb TV 23 on Comcast Cable.