Unadilla — UNADILLA — The question of whether to issue an alcohol license to a night club near a local church has created some problems for city council here. City officials voted not to approve the license at their Tuesday meeting.

Desi Lester, proprietor of the Roxie Club, was disappointed that he was denied the license that would allow him to serve alcoholic beverages to patrons of his club. He said he will be filing an appeal on the decision.

“I am not a trouble maker,” said Lester. “I just want to be able to operate my business. Otherwise that building will just sit there and deteriorate from not being used.”

Minister for the Healing and Deliverance Church, Pastor Williams, was pleased with the outcome of the vote. He addressed council earlier in the meeting asking that they vote against the license because he and his congregation did not want it that close to their place of worship.

“I am asking that the council not issue this license,” he said. “Anytime there is anything like this in the area it brings down the entire community. We are trying to build this community up.”

Regardless of the requests of either party, the decision ultimately came down to abiding by a city ordinance already in place.

City Attorney Tommy Coleman was present for Tuesday’s meeting to help iron out the legalities of the issue.

Coleman advised the council that the current city ordinance reads, “No retail alcoholic beverage license may be granted to a business unless the entire business premises is at least 100 yards beyond the property line of a church.”

Coleman clarified that the 100 yards must be from property line to property line, not building to building.

The question of the club being grandfathered in, since the club was previously opened at the same location, did arise during the meeting.

According to the ordinance, even if the club had been located at the designated area in the past, it cannot be grandfathered in if the establishment has ever ceased operation or if the proprietor is not the same.

Lester questioned why the state would issue him  a license but the city would not. Coleman informed Lester that the city could pass more strict ordinances than the state requires. Council members have the option to repeal the ordinance at a later time, he said, but right now they have to follow it.

Councilman Dexter Whittaker had made a motion to grant the license, and it was seconded by Councilwoman Meredith Lester.

Councilman Greg Speight openly challenged the motion calling it a clear violation of the city’s ordinance. That fact was confirmed by the city attorney.

When the motion was put to a vote, Speight voted against it along with Council members Lewis Lockerman, John Offenberg and Clint Shugart. Whittaker voted in favor and Lester abstained.

The city attorney and Mayor Charles West informed Lester that he does have the right to appeal. Mayor West said that he should receive a letter detailing the reason for denying his application.

 He will then have the opportunity to come before the council to appeal the decision at which time a public hearing will be held.

Also during the Tuesday meeting:

• Council members approved the imposition of a $50 fee on the owners of dogs that are picked up and have no collars and tags.

If the owner cannot prove the animal’s rabies vaccination is up to date, he/she will be given five days from time of release to obtain shots and documentation of those shots. Otherwise the animal will be take and the owner cited.

• Approved a payment of $4,800 to ESG for the reconfiguration of the Cherry Street pump station to increase the flow from 500 gallons per minute to anywhere from 900-1,000 gallons per minute.

• Discussed adding street lights to existing poles around the city.

•Approved adding a new pole and light at the city’s park at a cost of $300 for the pole plus the additional monthly charge for the light.

The next meeting of the Unadilla City Council is scheduled for Tuesday, June 8, 2010 at 6:30 p.m.