by Jennifer Chapman
February 24, 2009

Love Shack owner John Cornetta and the city of Johns Creek have been battling in the courts for more than two years. Now, Cornetta’s restaurant, Equity Sports Bar and Grill, faced its own fight with City Hall.Equity Bar and Grill, on East Johns Crossing, applied for a 2009 alcohol license in December and was denied.City Council heard the case Feb. 17 and unanimously upheld the denial of Cornetta’s request for an appeal regarding Equity’s alcohol license application.

Lawyers for the city said city code of ordinances calls for restaurant establishments to have 50 percent of its revenue come from food and 50 percent from alcohol – a requirement that Cornetta failed to meet.

Cornetta’s alcohol license application stated Equity sold 89.9 percent alcohol and 10.1 percent food in 2008.

Cornetta, who did not attend the hearing, sent his executive assistant Kate Cook on his behalf to read a prepared statement.

“We feel the Johns Creek ordinance is over broad and also represents a Constitutional prior restraint,” said Cook, who read the prepared statement. “There is no definition of what prepared meals or food is. This could be any number of snacks that we’ve served all year long. One could even go so far as to argue that beer itself is food.”

Cornetta’s statement also said that Council has had and “continues to have personal vendettas against” him.

“In closing, we realize there’s nothing we can say or produce to change this board’s mind,” said Cook.

In December 2007, Cornetta applied for a 2008 alcohol license and reported Equity’s revenue as 24.2 percent food and 75.8 percent alcohol.

Johns Creek gave Equity an opportunity to comply with city code and struck a deal with the restaurant, where Equity was required to submit monthly sales reports to the city as well as encourage patrons to purchase food.

The city also helped another restaurant, Tavern on the Bridge, come into compliance with city code.

“We weren’t in the business of attempting to put businesses out of business, but trying to help them,” said John Kachmar, city manager.

Cornetta’s 2009 renewal application was “dramatically” under the 50 percent requirement, said Kachmar.

He added that the city is not in the position to give Equity a second chance this year.

Cornetta has 30 days to appeal Council’s verdict to Fulton County Superior Court.

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