Macon store owner fights back after being denied alcohol license renewal

A Macon convenience store owner is appealing a decision by the Macon-Bibb County Commission to not renew the store’s alcohol license.

Documents filed in Bibb County Superior Court Thursday on behalf of Behal Petroleum argues county leaders did not follow due process when they banned Super Gas from selling alcoholic beverages.

The commission voted unanimously in June to deny the renewal for the 2760 Montpelier Ave. store. The Bibb County Sheriff’s Office has described the store as a nuisance where gang members hung out nearby.

Deputies responded to 144 calls at the store from 2016 through spring of this year.

Behal Petroleum owns Super Gas, commonly known as M&M Grocery.

But in the process of rejecting the renewal, the county initially failed to provide proper notification to the store’s owner Rajesh Patel. And once a public hearing was held, Macon-Bibb was unable to prove Patel did not meet state requirements to have a license, the appeal said.

The petition names the nine county commissioners and Mayor Robert Reichert as defendants. Macon-Bibb County had not received a copy of the appeal by Monday afternoon, spokesman Chris Floore said.

The appeal asks for a Superior Court judge to reverse the county’s decision and to “award such further relief as is just and proper” to Behal.

Another point of contention noted in the appeal is that commissioners went against Sheriff David Davis’ recommendation to extend the license, providing certain stipulations were met.

The appeal also says Behal was not notified about a June 13 meeting when a commission committee recommended to not renew the license. A week later, the full commission voted to deny the renewal.

“The Commission did not conduct an evidentiary hearing on June 20, 2017, and Behal’s only opportunity to address the Commission was during the public comments portion of the meeting,” the petition said.

After the initial denial, Macon-Bibb held a July 17 public hearing on the case after being contacted by Behal attorney Charlie Cox.

County Attorney Judd Drake said at the time the county was following due process by allowing Behal to state its case before a hearing board comprised of commissioners.

Cox said at the hearing Patel was making efforts to improve security around the store, including installing a walk-up window and plans to install better security cameras.

M&M Grocery was put on probation for six months in 2016 as law enforcement and county officials monitored the business. But during that period, the store was temporarily shut down following an illegal gambling sting.

This story was originally published August 21, 2017 at 4:24 PM with the headline "Macon store owner fights back after being denied alcohol license renewal."