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Soerries v. City of Columbus

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eBook details

  • Title: Soerries v. City of Columbus
  • Author : Court of Appeals of Georgia
  • Release Date : January 13, 1996
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

On May 2, 1995, the Columbus City Council (""the Council"") voted to revoke the alcoholic beverage license held by William A. Soerries d/b/a The Chickasaw Club (""the Club""). Prior to the Council's action, the Clerk of the Council notified Soerries that the Columbus Police Chief had recommended the license revocation and that a hearing on the matter would take place on April 25. Represented by counsel, Soerries appeared at the Council meeting to oppose the proposed revocation action. After hearing the evidence presented by both sides, the Council tabled the proposal until the next meeting where the Council voted 8-2 to revoke the license. The Council predicated its action on evidence documenting that law enforcement personnel had responded to multiple problems at the Club, primarily underage persons gaining entry. Claiming irreparable harm due to the Club's closing, Soerries immediately filed a complaint seeking declaratory relief, a preliminary and permanent injunction and damages. Soerries alleged that the ordinance was constitutionally defective and that the City failed to comply with OCGA § 3-3-2 by not providing him written notice of the decision and by not affording him a post-decision hearing. Soerries challenged the ordinance for allegedly failing to provide readily ascertainable objective standards for the revocation of licenses. See OCGA § 3-3-2 (b) (1). Soerries further claimed that two ordinances were internally inconsistent, with one permitting the admission of underage active duty military personnel into establishments serving alcoholic beverages and another prohibiting the entry of all minors into such establishments.


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