The Athens City Council voted 3-2 to approve a Lounge Retail Liquor license to Studio 16 Cigar Lounge located at 112 N. Marion Street. Prior to the vote, members of the Marion Street Church of Christ spoke out in opposition to the license due to the lounge’s proximity to their church — five doors south of the church and within the Downtown District.

A public hearing was held in late of April of this year regarding the lounge’s sale of alcohol. The owner of the Studio 16 Cigar Lounge, Steve Pearson, spoke at the public hearing but did not speak at Monday’s meeting.

Pearson said of the cigar lounge, “We don’t have anything like that here in Athens. Anyone who knows anybody involved in cigars knows that most people involved in cigars are very distinctive people. Most are business men and -women.”

He continued, “Our establishment is going to be very classy. It’s not going to be anything shabby. If you’ve been to our store, you know the way we do things.”

Marion Street Church of Christ members asked that the lounge consider another location in Athens and that the license for the current location be denied.

“This lounge is going to be within 50 feet of a historic church building where a vibrant congregation holds attendance,” church member Steve Moseley said. “I just feel there is going to be a conflict.”

“I think they are going to cause problems for our congregation. That vibrant congregation is going to be suffering from that. We have many young families and small children in our congregation, and they are not going to want to come to a congregation where there are even a few confrontations outside the building because of parking or whatever. Somebody who maybe had one too many, is buzzed? I just think this is not a wise decision to put this establishment that close to a historic church building,” Moseley said.

Council members Chris Seibert, Dana Henry and James Lucas voted to approve the alcohol license for Studio 16 Cigar Lounge while council members Harold Wales and Wayne Harper opposed.

Wales found the church’s concerns “reasonable” and voted no after reading a prepared statement.

“There are no businesses that sells alcohol beverages in this area near the church and no other in town, that I know of, that has a focus on both alcohol and smoking,” Wales said. “I am in favor of new restaurants opening in our downtown area, and I appreciate that this business wants to invest in Athens. Our city voted to go wet several years ago, and the council has given its approval for lots of alcohol licenses downtown. That doesn’t mean that a licensed applicant has the right to go wherever they want to go. We still have to consider the effects of the proposed license on its neighbors.”

Chris Seibert said that the distance the city’s ordinance requires has been met and reminded the current council that they are the members who set those requirements.

“We wrote the ordinance that allows where alcohol is sold. We all approved it, the five of us sitting here,” Seibert said. “If someone has done everything by the letter of the laws we created, and we did, I just have a hard time saying, ‘We just don’t want you to get to do it.’ If we are going to do that, we need to change our ordinance, because we wrote it.”

In other business, the Athens City Council held the following public hearing and approved the listed agenda items.

Public hearings

• A public hearing relating to the zoning approval for the sale of alcohol in the City of Athens by Lil Mazzara’s, 102 East Washington Street in Athens.

Consent calendar

• Approve travel/education expenses for personnel of the Fire Department.

• Approve travel/education expenses for personnel of the Mayor’s Office.

• Approve travel/education expenses for personnel of the Electric Department.

• Approve travel/education expenses for personnel of the Water Services Department.

• Appoint Robert Malone as a member of the Houston Memorial Library Board of Directors for a four year term, expiring on Aug. 28, 2027.

• Approve a Manufacturer (Brewery) alcohol license for Old Black Bear Brewing Company, LLC, dba Old Black Bear Brewing Company located at 311 S. Marion Street.

• Resolution authorizing Mayor Marks to execute the local consent agreement and interest survey form on behalf of Athens.

• Resolution to contact and manage the development of computerized base maps through a Memorandum of Understanding for Athens-Limestone GIS Consortium.

• Resolution to approve the purchase of one John Deere 320 P-Tier Backhoe loader from Warrior Tractor & Equipment Company, Inc. for the Cemetery, Parks and Recreation Department.

• Resolution to approve the purchase of a 2023 John Deere 333G Compact Steer Loader from Trigreen Equipment for the Street Department.

• Resolution to set a public hearing for a regular meeting at 4:30 p.m. on Sept. 25, 2023, to consider the request of Four Girls, LLC to rezone +/- 2.2 acres from R-1-2 (Medium Density Single Family Residential District) to M-1 (Light Industrial District) located at the terminus of Edison Street and east of Cloverleaf Drive.

• Resolution to set a public hearing for the regular meeting at 4:30 p.m. on Sept. 25, 2023, to consider the request of Athens Utilities to rezone +/-2.6 acres from M-1 (Light Industrial District) to R-1-2 (Medium Density Single Family Residential District), located at the terminus of Cloverleaf Drive and north of Sanderfer Road East.

• Resolution to set a public hearing for the regular meeting at 4:30 p.m. on Sept. 25, 2023, to consider the request of VIP Land Development, LLC to rezone +/-15.17 acres from EST (Estate Residential and Agricultural District) to R-1-5 (Single Family Attached Residential and Agricultural), located directly north of Strain Road West, approximately 2,500 feet east of U.S. Highway 31 South.

• Resolution to set a public hearing for the regular meeting at 4:30 p.m.on Sept. 25, 2023, to consider the request of Maund Family Farm, LLC to rezone +/-1.2 acres from DWTN (Downtown District) to TI (Traditional Institutional District), located directly south of Market Street West and directly east of Strange Street.

• Resolution to set a public hearing for the regular meeting at 4:30 p.m. on Sept. 25, 2023, to consider the request of Johnnie Wilson, Mary Petty, and Fred Wilson to rezone +/-2.06 acres from B-1 (Neighborhood Business District) and B-2 (General Business District) to R-1-3 (High Density Single Family District), located at 408 West Elm Street, 318 West Elm Street, and 330 West Elm Street.

• Resolution to set a public hearing for the regular meeting at 4:30 p.m. on Sept. 25, 2023, to consider the request of William Matthew and Amy Winstead to annex +/-3.3 acres and zone EST (Estate Residential and Agricultural), located at 25055 Airport Road.

Regular meeting

• Resolution adopting transportation plan pursuant of the Rebuild Alabama Act.

• Resolution to approve a purchase order to Alabama Guardrail to repair guardrails on Nuclear Plant Road and Elkton Road.

• Resolution concerning the replacement of key card system at the Athens Police Station.

• Resolution authorizing CR Environmental Service to perform a grit chamber performance evaluation at the Wastewater Treatment Plant.

• Resolution authorizing an additional $8,800 to the original consulting agreement for Barge Design Solutions to develop a water distribution system capital improvements master plan for the next twenty years.

• Resolution authorizing the purchase of a Dodge 4500 process maintenance service truck for the Water Services Department.

• Resolution to approve a Lounge Retail Liquor- Class 1 alcohol license for Studio 16 Cigar Lounge, LLC, dba: Studio 16 Cigar Lounge, 112 N. Marion Street in Athens.

• Resolution awarding a contract for the purchase of four new work trucks for Athens Water Services.