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Starship denied a business license; preparing legal challengeThu, 06/18/2009 - 2:43pm
By: Ben Nelms
It was over almost before it started. A quick motion to deny a business license for Starship Adult Novelties & Gifts at Thomas Crossroads received a unanimous vote from Coweta County commissioners June 16 as nearly 250 opponents of the business who had filled the commission chambers and the foyer outside looked on. Starship attorney Alan Begner after the meeting said he is preparing a legal challenge to the decision. Commission Chairman Paul Poole opened the agenda item by informing the crowd of Starship opponents that the board would not be entertaining any public comments on the issue. County Administrator Theron Gay followed with a brief notation that the board could grant or deny the business license. His comment was followed by a motion from Commissioner Rodney Brooks that the business license be denied. The vote was unanimous. Starship CEO Kelly Rogers has long-maintained that he was prepared to see the issue through to what he believes will be a favorable conclusion for his business. That sentiment continued after the commissioners’ decision was announced. Starship attorney Alan Begner agreed. “We are preparing a lawsuit and will be filing it as soon as it’s ready,” Begner said. Starship was on the agenda after having received a recommendation last month from Coweta County’s Tax Rate Review and Appeals Committee to have its earlier business license denial overturned. Committee members on May 20 voted 4-1 to recommend to county commissioners that Starship be issued a business license to operate its Thomas Crossroads location. The meeting was the culmination of an appeal process that began in mid-April and followed the initial denial of the business license by commissioners in January. The proceedings in the first appeal hearing April 13 before the Tax Rate Review and Appeals Committee revolved around the Feb. 6 denial of Starship’s business license and owner Kelly Rogers’ contention that the decision had been made by Jan. 20 when more than 300 residents packed the commission chambers, ready to demand that commissioners face litigation rather than give in to having Starship operate in the Thomas Crossroads area. It was at the beginning of the Jan. 20 meeting, and prior to public comments, that Commissioner Rodney Brooks read a prepared statement indicating that the business license would be denied. The issue evolved to its current status after commissioners on Jan. 26 adopted ordinances on sexually-oriented businesses and obscenity. Rogers in response said that from the beginning of the process in late 2008 he had complied with county ordinances, including having less than 25 percent sexually-oriented merchandise, and should be granted a license to operate. Starship received a Certificate of Occupancy on Jan. 19 and applied for a business certificate on Jan. 20. New ordinances notwithstanding, both Rogers and his attorney maintained that Starship is a store that will sell general merchandise that will carry some adult items and that it should be granted a business license. login to post comments |