Beer, wine approval for Marietta Pizza Company's new location heads to Cobb BOC
by Katy Ruth Camp
krcamp@mdjonline.com
March 29, 2011 12:00 AM | 4242 views | 26 26 comments | 12 12 recommendations | email to a friend | print
MARIETTA - Surrounded by nearly 70 new and old friends, Marietta Pizza Company co-owner Howard Wolfson could barely make out the words "ecstatic" and "shocked" after his business was granted a beer and wine license for a west Cobb expansion Monday afternoon.

"I didn't expect this," Wolfson said, smiling.

Wolfson said he hopes to have the new doors open by July, pending ultimate approval by the Cobb Board of Commissioners.

Monday's vote by the Cobb County Business License Review Board was a unanimous 5-0, but its passage did not come easy.

Wolfson and co-owners David and Kellie Contreras faced nearly two years of denials and appeals to serve beer and wine at an additional location they want to open up at 39011 Mary Eliza Trace, near Due West Road.

MPC's current location on the Marietta Square has been in business for 10 years. Wolfson said business is still going strong and that no alcohol violations have occurred at the restaurant.

But since November 2008, Wolfson said they have hit one wall after another with the county because the new restaurant sits in a retail center that is slightly more than 300 feet to the east of a daycare center that also offers pre-K - which legally classifies it as a school. While state guidelines only require an alcohol-serving business to be at least 300 feet away from a school, county code requires businesses wishing to serve alcohol within 600 feet of a school to be approved by the License Review Board.

The permit was denied in November 2008, and the property went into foreclosure after sitting vacant for nearly two years. But in January, Marietta Pizza co-owners began talks with the new owner, Eddie Quarles, and they agreed to sign a lease contingent on a beer and wine license.

Beer and wine is the only alcohol sold at the Marietta Square location, and Wolfson said beer and wine represents just 11 percent of total sales. However, he said the alcohol "pays the rent" and is vital to keeping a pizza restaurant flourishing and affordable.

"We're in the food business, not the alcohol business," Wolfson said earlier this month. "But people want to enjoy a glass of beer or wine with their pizza, and I have yet to find a successful dine-in pizza restaurant that does not serve alcohol."

Wolfson said several other businesses have not met the county requirements and yet have been granted a permit, as was the case with West Cobb Diner near the corner of Dallas Highway and Barrett Parkway. He also cited a petition Monday with nearly 1,400 signatures from nearby residents and business owners who supported the pizza restaurant's expansion - including the owner of the daycare center in contention.

But five people spoke in opposition Monday, including four nearby residents and the owner of Piezoni's, a pizza restaurant on the same street of the proposed Marietta Pizza Company location that would likely become a competitor.

Most opposed said they feared the consumption of alcohol in what they believed to be a pedestrian-heavy neighborhood would be unsafe, and granting the license would create a domino effect for other nearby restaurants who may request an alcohol permit in the future.

But the opposition was overwhelmed by the dozens of nearby residents and business owners who said the restaurant would be a welcomed addition to their community, would create jobs, would not be a safety hazard and fill a vacant building that has become an eyesore.

Even Chef Henry Chandler of the popular Acworth restaurant Henry's Louisiana Grill spoke in support of his "old friends."

"They do a tremendous amount of business and they will only enhance that area. There were several who spoke out in opposition when I got my beer, wine and liquor license and said Satan was coming to town. Well, Satan never came to town. I have a wonderful business with no violations, just like them," Chandler said.

Monday's hearing came after a March 3 decision that deadlocked at 2-2, with members Milton Beck and Eddie Canon in opposition and Jim Pehrson and Larry Walker in support. The board's fifth member, Judy Skeel, was absent for that meeting, so the board set Monday's hearing for the final vote.

Canon not only changed his vote Monday, but also cast the motion to approve the license.

"I just went out after that and talked to people and saw the support, and the biggest thing was that someone at the last hearing in opposition said you could see the playground from the patio, and I didn't feel comfortable with that. But I went there myself, and there's a building in between that completely blocks that view and you can't see the playground from there at all. I just had a gut feeling that this was the right decision," Canon said.
Comments
(26)
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level-headed
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March 31, 2011
It's about time! To serve beer and wine in a Pizza restaurant at a perfectly suitable location! I know--for a fact--that the "other" pizza guy on Dallas Hwy was spearheading the anti-MPC 2 years ago. Shameful!

West Cobber
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March 31, 2011
Putting code down on paper is only the first step - the process provided for enforcing a rule or law is just as important - to consider this as a simple issue suggests simple thinking - MPC simply followed legal processes available to them - they did not secretly open up their business overnight with the intention of asking for forgiveness at a later hearing (like done by many who show up at court to get their speeding tickets thrown out) - if the process had ultimately resulted in a denial, they wouldn't have open - simple concept - being a neighbor of Helen Goreham, I will highly encourage her to support this business

Regarding MPC's behavior, I attended the hearing and re-read the prior MPC articles just to be sure on MPC statements. I may not be aware of words spoken outside MDJ articles and the hearings, but the words that I have read and heard were cordial and straightforward (i.e., civil).
Cobb Taxpayer
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March 30, 2011
Simple issue - does this site meet the distance rules as written in Cobb Code - yes or no ! I have never seen such a campaign to violate a well conceived and normally enforced Cobb County Cobb.

The Cobb Commission and Mrs. Goreham need to speak up or resign !
Concerned Citizen
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March 30, 2011
GoodNBad, what hateful rhetoric are you talking about? Complete lack of character? You obviously weren't at the hearing. MPC was very civil. As for LuvIt, you are probably the owner of one of the competitors that is worried about the competition.
West Cobber
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March 30, 2011
The possibility of the board providing a waiver is a legal and integrated part of the decision-making process, similar to the appeal process that people pursue in court. If there had been a big desire to exclude waivers for cases like this (like that imposed on school kids found with weapons), then the rules should have been written to exclude waivers. Given that waivers are allowed, it clearly appears that MPC followed the rules. If the waiver process was not allowed and somehow they still received the license, I would agree that rules were violated.
LuvIt
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March 30, 2011
Love how the MPC whiners are portraying Cobb County government as the bad guy and for claiming that Cobb is anti business.

You couldn't be further from the truth. Cobb welcomes new businesses but only asks that you play by the rules.

There are dozens of locations where this business would be suitable, but let's no go with those. No!!

WE MUST HAVE OUR WAY!

Let's just break the rules. Let's just change the Code to fit OUR needs. We don't need no stinkin' rules!

And let's make sure we encourage our kids to do the same. Don't like the rules? Break 'em! It's acceptable in Cobb County.

Yay!

GoodNBad
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March 30, 2011
I like that MPC will get to open where they want.

But I sure don't like all the hateful rhetoric and the trash talk that came from the MPC folk. The County was just doing its job and following Code. In answer to that, MPC showed complete lack of character in the proceedings. The same result could have been arrived at if MPC had been civil.

I won't be as enthusiastic about patronizing MPC in the future and doubt I'll be going there as often, if at all.

Disappointed in MPC -- big time.

Strict Rule
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March 29, 2011
I am in my 30s, obviously over 18. If MPC refuses to serve me if I forget my ID, I will not go back--very simple. Zero tolerance doesn't belong in restaurants.
NewName
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March 29, 2011
I totally agree with Close Neighbor. The new restaurant will be a great addition to our community, and I for one will be glad to spend my money where someone makes me feel welcome and appreciated.
We'll See About That
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March 29, 2011
I'll be curious to see what the esteemed District 1 Commissioner says about this. Seems she nearly never meets a pro-growth idea she doesn't try to destroy...to keep the "rural" feel in her district. Yeah, right.
LuvMayretta
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March 29, 2011
Congrats to Howie and MPC! Looking forward to seeing y'all at the new location.

Smart move council!

Choices
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March 29, 2011
As a member of a Baptist Church, I am more than tired of goverment officials and residents dictating whether anyone can buy alcohol by glass or package on Sunday or whether to grant a responsible restaurant owner a beer/wine/liquor license.

There should be freedom of choice for alocholic beverages without interference from people or government. A restaurants doesn't go to your church or home and tell your what to do. Don't come go to a resturants and tell them.
Close neighbor
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March 29, 2011
My family loves the food and family-friendly environment provided at MPC on the square. In most cases, I don't buy a glass of beer or wine but I cherish the opportunity to do so. I find it interesting that during Sunday afternoons, the restaurant is filled up with folks from nearby churches, including my church. I've never been in a place until MPC where I observed a person who was obviously in their 70's not served because they forgot their ID. The person wasn't happy as the manager did not give in, but it demonstrated to me how strick MPC is. It's not a bar, but a very family-friendly restaurant where a few folks take up the option to have a glass of beer or wine.
Choices
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March 29, 2011
If you think about it, the choice here was simple.

A) A foreclosed site would remain vacant. Vacant buildings lead to increased crime, vandalism, blight and lower tax revenue.

B) A potentially thriving business that employs up to 50 people full and part-time, brings other vendors to the area, caters primarily to families and opens the door for potential new foot traffic for the existing businesses.

Glad to see the commission picked the right choice after 2 years. Now, if only they had made the right call a couple years ago when they shot down the Fresh Market near the Avenues...sigh...

close neighbor
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March 29, 2011
The owner of Piezonis might not have to worry so much about losing customers if he greeted them with a smile, instead of a scowl, and spoke to them when they come in. I like the pizza, but I never feel welcome going in there. Friendly customer service goes a long way.
Cobb Conservative
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March 29, 2011
The government shouldn't be authorizing more drinking in Cobb County--there is enough already. I'm tired of all this drinking at restaurants--it shouldn't be permitted. Hopefully, Cobb County doesn't pass that Sunday alcohol purchase. Alcohol shouldn't be consumed on Sunday.
Nearby Resident
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March 29, 2011
Finally someone woke up and realized the opposition here was a joke. The main opposition was "four nearby residents and Piezoni's". Hmmm, someone afraid of a little competition? And bravo for Cannon going out there to see the playground was far away. Good work Commissioners!
due west area
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March 29, 2011
Good decision. People around here have been excited at the prospect of MPC locating here after reading the sign that's hung up for many months. I'm sorry that competition is going to hurt Piezoni's. I went to Piezoni's once about 18 months ago and never returned. It has no atmosphere and the food is just average. Sorry but it's the truth, as I see it.
myalibi
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March 29, 2011
Yay!!!! Can't wait til they open. love MPC, but the square is too far from home and parking is a nightmare!!
youre nuts
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March 29, 2011
who in their right mind thinks this area is a pedestrian friendly environment?
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