Newspaper Page Text
March 31 - April 6, 2016 • Page 9A
LOCAL
i
The Georgia Supreme Court ruled against the city of Clarkston in the enforcement of its ordinance on coin-
operated amusement machines in neighborhood markets and gas stations.
Supreme Court rules against Clarkston
by R. Scott Belzer
sbelzer@dekalbchamp.com
An ongoing court battle
between the city of Clarkston
and two local business owners
was resolved March 21 by the
Supreme Court of Georgia.
The Supreme Court
decision reverses a
misdemeanor conviction and
$250 fine that dates back to
June 2014 involving In and Out
Food Mart on East Ponce de
Leon Avenue, owned by Aster
and Efram Gebrekidan.
According to the decision,
in 2014, Clarkston issued a
municipal court summons
to the Gebrekidans on
the grounds In and Out
Food Mart was housing
coin-operated amusement
machines (COAMs) in addition
to packaged alcohol. After
a municipal hearing, the
Gebrekidans were fined $250.
A COAM is defined as
“any type of machine or
device that will automatically
provide music or some other
type of entertainment when
a coin, token or some other
object, such as a credit card,
is deposited,” by the Internal
Revenue Service (IRS).
In 2012, Clarkston passed
a citywide ordinance banning
COAMs from any place of
business selling alcohol. The
city ordinance specifically
prohibits “slot machines,
mechanical music boxes,
pinball machines, any form of
electronic or mechanical game
machine, or coin-operated
device which might be used to
entertainment or amusement
purposes.”
During a council meeting
held March 1, Clarkston officials
estimated 60 COAM machines
exist in 10 businesses
throughout the city.
The municipal judge found
the ordinance is “primarily a
regulation of alcohol rather
than coin operated amusement
machines” and the action taken
was “a reasonable exercise
of [Clarkston’s] discretionary
power to set rules for alcohol
sales.” A DeKalb Superior Court
judge agreed.
However, a Supreme Court
of Georgia judge did not.
On March 21, the court
decision stated “We conclude
that the state’s COAM laws
preempt the city’s ordinance at
least insofar as the ordinance
applies to COAMs as defined
by the state statutes, and we
therefore reverse Gebrekidan’s
conviction and fine.”
Georgia’s COAM laws
make up more than 35 pages of
the State Code, and although
Clarkston was arguing on
grounds of alcohol sales, the
Supreme Court found the
“General Assembly meant
to occupy the entire field of
regulation on the subject.”
Clarkston city manager
Keith Barker said city attorney
Stephen Quinn will address
the city council on the subject
following their monthly meeting
on April 5. Barker said the
enactment of the ordinance
originally stemmed from several
reports of abuses that allegedly
ended in multiple deaths.
In addition, many reports
involving cups filled with alcohol
and cigarette butts were given
to the city.
“This case has served
to bring attention to a very
important issue in our
community and in other
communities across Georgia,”
Barker said. “Many of our
residents reported suspected
abuses associated with the
improper use of COAMS
to include cash payoffs.
Refugee resettlement agency
representatives, along with our
own police detective division,
report that at least two suicides
in our community could be
linked to money lost playing
these machines.”
Barker went on to say
that other communities in
Georgia will likely adopt similar
ordinances to Clarkston’s to
combat issues surrounding
COAMs. Although the
Gebrekidan case was not
resolved in Clarkston’s favor,
Barker said the business
owners abusing the ordinance
have since moved and the
ordinances have made their
intended mark.
“The remaining businesses
that operate COAMs know and
understand that this is a point of
emphasis for the administration
and that only strict adherence
to the law will be acceptable,”
Barker said. “We all know and
understand each other now.
Most of the remaining owners
with COAM machines are
happy that we have eliminated
the folks who were engaging in
questionable activities.”
Barker said the decision to
take this case further would be
left up to the council.
“I can’t say what the city
council will decide to do as
a result of this recent ruling,”
Barker said. “I can say
unequivocally, that shedding
light on this issue has brought
about some noticeable
reductions in the total number
of COAMs in our community
and significant improvements
in the legal operation of the
remaining gaming machines.”
DUNW00DY
Continued From Page 8A
Officer Mark Stevens tells the 2016 Citizens
Police Academy class about what they can
expect over the course of 10 weeks at the
Dunwoody Police Department. Photo by R. Scott
Belzer
uniform,” joked Karen Roberts, a repeat
student in this year’s CPA. “I think the
Dunwoody police are the best thing to
happen in Dunwoody. This is a wonderful
experience to learn and go out into the
community to sing [their] praises.”
Ron Silvers and Jim Sturgis, who
volunteer as bailiffs for the Dunwoody
municipal court and have taken the CPA
course before, saw this year’s class as a way
to continue a long friendship with fellow law
enforcement officers.
“I’ve been working with the city ever
since we were pre-city,” said Sturgis. “I came
to see what the problems with Dunwoody
are at the moment and how the police are
addressing them. We’ve found a great police
department and [Stevens and Belt] are great
examples of that.”
Maxwell Kwaneda, a 30-day resident of
Dunwoody, said he was attending the class
to learn more about Dunwoody law.
“I took a similar class in Oklahoma,”
Kwaneda said. “It was a great way to learn
more about the community.”
Stevens and Belt concluded the class
by stating the CPA was a great opportunity
to see who police officers are behind the
badge.
“We don’t want people to see 30 minutes
of [a TV show] and think that’s who we are,”
Stevens said. “[Participants] get to see who
we are, what we do and why we do it -
something behind the curtain that most people
don’t get to see. We’re not asking anyone to
leave this class and defend the Dunwoody
Police Department and be judge and jury.
We’re asking people to listen and take in, ask
questions and learn more about us.”