A Statesboro business has to close its doors after continually violating requirements imposed upon it by the city.
    In a recent public hearing, the Statesboro City Council voted unanimously to revoke a special exception zoning for Jerry’s Mini Mart, at 323 Johnson St. The exception had allowed for operation of a convenience store on land zoned for residential housing.
    Council made the decision after discovering owners of Jerry’s Mini Mart repeatedly defied conditions set by the city, regarding how the store could function.
    Rather than operate as a convenience store only, Jerry’s Mini Mart was playing the role of restaurant and recreation facility, according to City of Statesboro Code Enforcement personnel — functions prohibited by the special exception.
    Jerry’s Mini Mart, through owner Gracious Development LLC, was “operating in an unlawful manner,” City Attorney Alvin Leaphart said. “The council’s action makes any continued operation of the business, after (Tuesday, Jan. 15), illegal.”
    Jerry’s Mini Mart was originally granted a special exception in October, when Gracious Development approached City Council with the idea of opening a convenience store at an existing property. The location had been granted exceptions in the past for similar businesses.
    Owners of the property’s previous business were found in violation of several regulations, forcing them to close. Also, the site had become an area of concern for the Statesboro Police Department, who said drugs and alcohol were creating a dangerous environment around the store.
    Reacting to those reports — and knowing the same property owner would be involved with Jerry’s Mini Mart, as a partner in Gracious Development — City Council decided to allow for the new store, but with several conditions.
    Those included: not operating the business as a restaurant or café, not selling alcohol, not opening the facility for recreational use and not remaining open after midnight.
    Just a few months later, a chance walk-in and subsequent inspections found that Jerry’s Mini Mart was not following through on its promise.
    “On Dec. 4, Public Safety Director Wendell Turner happened to stop by the location to buy a beverage. He was very familiar with the restrictions placed on the store, and while there, noticed some of those issues were present,” said Statesboro Code Enforcement Officer Eric Short. “In the facility, you could see cooking containers, where food was prepared and served on-site. In the sinks, there were raw chicken and other foods ready to be cooked.”
    There were also arcade games and pool tables — with balls on the table — Short said.
    According to Turner, slow cookers were found in the store, warming food. Also, a man was noticed walking away from the location with a to-go box.
    “It was very obvious to me what they were doing — they were cooking and serving food,” Turner said. So, “I gave them a verbal warning, telling them that I would be informing our Code Compliance Department to come back and perform a check.”
    Code Enforcement performed a surprise inspection Jan. 2, nearly one month after Turner issued a warning, Short said.
    “We wanted to give them plenty of time after the verbal warning. We wanted to ensure they had time to correct the issue,” Short said.
    During his inspection, Short discovered marinated meats in a refrigerator, open containers of flour and cooking oil, an oven with food trays resting on top, a trash can containing forks and knives and a freezer holding several food items. 
    The store still featured pool tables and video game arcades that were not closed off to the public, he said.
    Short issued a citation during his visit and took photographs of the scene. The pictures, along with those taken by Turner during his visit, were presented as evidence in the public hearing.
    Following the surprise inspection, and after a conversation with City Manager Frank Parker, Lanika Walden, the owner of Jerry’s Mini Mart, was provided an opportunity to remedy the issues for a second, scheduled inspection.
    On Jan. 10, Parker, Short and other city administrators visited the location for a check.
    Many previous problems had been resolved, Short said. The oven was removed from the counter and refrigerators were cleaned out.
    But when Parker opened an ice cream freezer to purchase a treat, the men found a surprise.
    “I lifted up the tray, after Mr. Parker purchased an ice cream, and learned that chicken and other items were hidden in there,” Short said. “There was at least 20 pounds of raw chicken, along with other items.”
    Parker, Short, Turner and the city building inspector and fire marshal — who were present for the final inspection — offered their testimony during the public hearing.
    During her testimony, after offering some resistance, Walden admitted that Jerry’s Mini Mart had violated the special exception condition pertaining to food.
    Councilman Gary Lewis, who had argued strongly in favor of granting the exception in October, said he was upset with Walden.
    “I sat up on this council and argued with some guys to allow this special exception be granted,” he said. “You knew that only one violation of any of these restrictions puts in you violation. Only one,” Lewis said. “I’m not mad at you. But I am disappointed. Because I stood up for you, and gave you a chance.”
    Councilman Will Britt motioned for the exception to be lifted, effectively closing the business. 
    “Like Councilman Lewis said, we offered conditions, and we offered you a chance,” he said. “The conditions were not met.”
    
    Jeff Harrison may be reached at (912) 489-9454.