Premier Wine and Spirits, 2900 Delk Road near Powers Ferry Road, would have been the fourth liquor store within 2 miles in the east Cobb neighborhood. The license was scheduled to be heard at the Cobb Board of Commissioners meeting this morning.
Neighbors cried foul after the business applied for the right to sell alcohol claiming it would have meant a high concentration of liquor stores in the area.
Other residents were more concerned about the store’s proximity to a private school, Shreiner Academy, which wasn’t mentioned in the application for alcohol sales.
It was a mistake for the company’s surveyor not to include the school on its survey submitted to the county, Marietta attorney Eldon Basham, who represents the business, said in a letter to the county.
The store is 430 feet away from the school, less than the county’s 600-foot minimum distance.
Surveys done by registered land surveyors are assumed to be accurate by the county, according to Sandra Richardson, the county’s business license division manager.
The License Review Board and Board of Commissioners can waive the distance requirement.
“The surveyor stated he made the decision not to include the Shreiner Academy because it was a private school and Cobb County’s license application states that the distance requirement applies to public schools,” Basham said.
Though the actual application packet only specifies public schools be considered, Basham told the county in the letter the surveyor should have known the county code and state law mandate that private schools be included when considering the location of alcohol sales.
At least three appeals were filed to stop the license.
“My client also recognizes the opposition which has accrued would make it highly unlikely the county commissioners would grant the license and we are unsure as to whether the License Review Board would have granted the license had they had the correct information,” Basham said.
The issue didn’t come up until the first hearing of the license at a License Review Board meeting. If the company had been aware of the issue, Basham said in the letter, it wouldn’t have tried to get the license.
“My client has spent a great deal of time and money working on this location for almost a year and regrets not only the time and effort that he has spent but also that this has created a lot of community animosity,” Basham said in the letter.
Justin Tomczak, an east Cobb resident who works in public relations, was “elated” to hear the store wouldn’t continue trying for the license.
“We had local (homeowners association) leaders, representatives from the impacted school and other concerned citizens ready to make our case to the Cobb County Board of Commissioners (today),” Tomczak said.