Oasis can continue to serve alcohol until the Statesboro restaurant and club's appeal filed Thursday in Superior Court is decided .
Michael Classens, attorney for Oasis, said that in most cases, including this one, there is a supersedeas effect provided by law, meaning whatever penalty that was imposed isn't enforced until the appeal is heard.
"In this case, the decision made was that the liquor license was suspended and a fine imposed. That decision is stayed from enforcement until the appeal reaches its conclusion," Classens said.
The city has 30 days to file its response and then a hearing will be set to decide the matter.
Statesboro City Attorney Sam Brannen said he didn't anticipate the city taking 30 days to file their response.
"After that, the judge will set up a hearing," Brannen said. "It's possible it could go before a jury, but usually in these cases it's only before a judge."
Oasis had its license suspended for 120 days and was fined $7,000 for a second and third violation stemming from an undercover investigation by the Statesboro Police Department.
In the case, the city's Alcohol Control Board found Oasis violated the provisions in the alcohol ordinance regarding denial of service based on gender and charging a different cover charge based on gender.
Scott testified that he was charged a $3 cover charge despite an advertisement saying it was only $1. When he asked the doorman, he said it was only a dollar for ladies, Scott testified at the initial hearing .
However, the city never produced a witness who paid only $1 to enter and the doorman testified he was mistaken when he told Scott that.
Once inside, the restaurant was separated into two sides, with one side reserved exclusively for women.
Scott walked over to that side and was then asked to return to the other side of the restaurant, which the Alcohol Control Board ruled was a denial of service based on gender.
Oasis appealed the decision to the city council, which upheld the Alcohol Control Board's decision on Tuesday by a unanimous vote.
Michael Classens, attorney for Oasis, said that in most cases, including this one, there is a supersedeas effect provided by law, meaning whatever penalty that was imposed isn't enforced until the appeal is heard.
"In this case, the decision made was that the liquor license was suspended and a fine imposed. That decision is stayed from enforcement until the appeal reaches its conclusion," Classens said.
The city has 30 days to file its response and then a hearing will be set to decide the matter.
Statesboro City Attorney Sam Brannen said he didn't anticipate the city taking 30 days to file their response.
"After that, the judge will set up a hearing," Brannen said. "It's possible it could go before a jury, but usually in these cases it's only before a judge."
Oasis had its license suspended for 120 days and was fined $7,000 for a second and third violation stemming from an undercover investigation by the Statesboro Police Department.
In the case, the city's Alcohol Control Board found Oasis violated the provisions in the alcohol ordinance regarding denial of service based on gender and charging a different cover charge based on gender.
Scott testified that he was charged a $3 cover charge despite an advertisement saying it was only $1. When he asked the doorman, he said it was only a dollar for ladies, Scott testified at the initial hearing .
However, the city never produced a witness who paid only $1 to enter and the doorman testified he was mistaken when he told Scott that.
Once inside, the restaurant was separated into two sides, with one side reserved exclusively for women.
Scott walked over to that side and was then asked to return to the other side of the restaurant, which the Alcohol Control Board ruled was a denial of service based on gender.
Oasis appealed the decision to the city council, which upheld the Alcohol Control Board's decision on Tuesday by a unanimous vote.