Restaurateur, Renee Hajek (above in green, hugging supporters) will have some more time to serve beer and wine at Stay. Social, Tap & Table.
That’s because Chief Superior Court Judge Jim Blanchard, Jr. will be busy reviewing hundreds of pages of letters, evidence, petitions, and a nearly one-hour video of the Oct. 4 commission meeting in which Columbia County Commissioners revoked Stay’s license.
Yesterday morning, Blanchard presided over a court hearing to determine whether Stay’s alcohol license will remain in effect. On Oct. 13, Blanchard overturned the County’s decision and provided a temporary order, based on questions about the County ordinances, allowing Stay to serve beer and wine.
Three commissioners who voted to revoke Hajek’s alcohol license were in the courtroom yesterday at what was essentially Stay’s appeal of the County vote.
Stay’s attorney, P.J. Campanaro, made the case for Stay by providing three challenges to the Commissioners’ vote on Oct. 4. The County’s attorney, William Keough of Hull Barrett, refuted each.
“The statute is vague,” said Campanaro.
She claims her client, who defended herself at the Oct. 4 commission revocation hearing, did not understand how to account for gross sales when factoring in the sales of gift cards, the food she donated, and discounts into those figures.
Keough said the definition of gross sales is very clear.
“It’s used by the Georgia Legislature for controversial Sunday sales and package stores,” he said.
Campanaro said Hajek provided a second set of accounting figures to the County in which she moved some of the sales or discounts in question to reduce the alcohol sales to below food sales, which then were 50.3 percent. According to county regulations, food sales have to account for at least 50 percent of the total sales of food and alcohol.
Keough said the original accounting done for sales comparisons was correct, which showed about 45 percent of sales coming from food.
“Their CPA did not provide audited figures (at the commission meeting),” added Keough.
Campanaro’s third challenge was from a constitutional and equality standpoint. She said Hajek deserves equal protection under the law and the standard of the 50 percent food sales threshold should apply to all restaurants serving food and alcohol in Columbia County.
“Why only look at the statute for establishments if someone asks?” Campanaro asked. “This has to be enforced for everyone.”
Campanaro said all holders of a license should have to send in sales figures to prove they are at more than 50 percent food sales.
Campanaro also said the timing of the Columbia County Development Authority’s request for financials occurred about a month after controversial dinner theater performances by actors in “drag.” She thought commissioners might have been influenced by angry citizens who didn’t want LGBTQ performances.
Keough called that “speculation” and said the County’s decision was based on numbers.
“There were letters to the commissioners to stop the show,” Keough said, but the show did occur.
Complicating the issues is that the County initially believed in Hajek’s concept and provided grant money and loans – the reason the County said it singled out Stay.
There was also disagreement between attorneys yesterday as to how much of these issues were brought up at the Oct. 4 revocation hearing. Judge Blanchard made a point to explain he’ll be reviewing a video or transcript of that hearing before making his final decision.
