Rude Rudy's owner Jonathan Earl Starkey has been asked to appear before City Council later this month, and face the possible suspension or revocation of the nightspot's alcoholic beverage license, according to a notice mailed to him Monday.

The administrative hearing is scheduled for 9 a.m. Sept. 24 at Statesboro City Hall.

"Whether the alleged murder that occurred on August 28, 2014 within the licensed premises that resulted in the death of Michael Gatto is a violation of Section 6-88(c)" is the first of six allegations to be considered at the hearing, according to the notice.

Gatto, 18, a Georgia Southern University student from Cumming, was unresponsive from head injuries when officers arrived at Rude Rudy's in University Plaza at 12:43 a.m. Aug. 28, according to Statesboro Police Department reports. He died later that day, and police subsequently charged James Grant Spencer, 20, a Rude Rudy's bouncer and fellow Georgia Southern student, with felony murder.

Chapter 6 of the city code, available through the city's website, is the Alcoholic Beverages Ordinance, Section 6-88(c) states that "No licensee shall permit on the licensed premises any disorderly conduct, breach of the peace, or noise or activity which is disturbing to the surrounding neighborhood."

The second allegation in the notice to Starkey concerns whether he or people working for him served alcohol to people under age 21 "on or about Aug. 28, 2014."

The notice states that City Council members John Riggs and Phil Boyum have called the Sept. 24 hearing as a special meeting of the mayor and council. Either the mayor or two council members can call a special meeting, and Mayor Jan Moore said in a phone interview that she fully supports holding the hearing.

"Had the council members not called the special meeting, I would have done so," she said.

The other four allegations are whether, during the previous 12 months, Rude Rudy's served alcohol to people under age 21, sold it beyond the permitted hours, failed to instruct employees on provisions of the ordinance or allowed noise or activity that disturbed the surrounding neighborhood.

Moore said that if she had not been convinced there was enough evidence to move forward with a hearing, she would not have supported or called for one.

"Cumulatively, the number of allegations listed exceed four within a 12-month period, which could results in a suspension or revocation of that license, if council finds these allegations to warrant that," said Moore, later adding, "Based on what has been shared with me, the allegations are very, very serious."

Since the beginning of the year, City Council has been working through a draft for an overall alcohol ordinance revision, most recently slated to take effect July 1, 2015. Just last week, also in response to Gatto's death, Moore called on council members to consider amendments to the ordinance sooner, but these would not apply retroactively.

A provision for the mayor and council to act on the basis of four violations within 12 months is in the current ordinance.

Both council members named in the notice were contacted about why they called the special meeting.

"Obviously, the death of Michael Gatto has prompted this," Riggs said, "and after speaking with staff at the city, I just feel there are questions that we need to have answered, and a public forum, I think, would be the best place to have them answered."

Riggs said he wanted to add another point, about Starkey's interactions with the city.

"From everyone at the city that I've spoken to, I've heard that he has always been more than cooperative with everybody, whether it's police or any other organization within the city of Statesboro," Riggs said. "I look forward to speaking to him."

Boyum said that, understanding that Moore was going to call for an administrative hearing, he sought a special meeting rather than have the hearing held along with a regular council meeting.

"Obviously there are concerns, from across the community, about this getting addressed in a timely fashion, and I thought it most appropriate to have this discussion and have this hearing in a setting that's not muddled by the general business that happens during a council meeting," he said.

Despite the calls for a new ordinance, the current ordinance, Boyum said, gives the council sufficient authority to act through the hearing process.

"Though there is some language that needs to be cleaned up, it is clear that the current ordinance gives the City Council the ability to oversee the licensing of alcohol and alcohol establishments in Statesboro," he said.

Since Gatto's death and Spencer's arrest, reports of patrons injured in earlier incidents involving other employees at Rude Rudy's have come to light. These include a pending lawsuit filed by Andrew Glueckert, alleging a Feb. 10, 2013, incident, and a previous out-of-court settlement regarding injuries that Kenneth Mikael Rineer reportedly received on Feb. 14, 2010.

Neither of those incidents, however, falls within the 12-month period the city is to consider at its hearing.

Starkey did not respond Monday evening to a voice message asking for comment on the hearing notice.

Al Hackle may be reached at (912) 489-9454.