The council on Monday night voted 3-2, with Councilmen Chris Casdia and Bud Leonard opposing, to suspend La Cabana Restaurant's alcohol license until Sept. 14, 2010.
The council agonized over the decision and at first took votes for a year's probation and for revocation, both of which failed because of the lack of a majority.
The restaurant at 9770 Main St. is under investigation by the U.S. Attorney's Office for illegal alien harboring, involuntary servitude and forced prostitution.
Federal agents executed a search warrant on Aug. 29 at the restaurant, which led to no arrests related to the allegations.
Woodstock Police Chief David Bores told the council six incidents at the restaurant between March and July all involved alcohol and "reflected a pattern of lawlessness."
According to police department incident reports, a July 20 incident resulted in an arrest of four men after a fight broke out at the restaurant.
A report filed June 7 cites the arrest for public drunkenness of a man who had "bloodshot and watery eyes," according to Officer Brian Keane, who responded to the call.
On May 15, Officer Jarred Jackson pulled over a 1995 red Chevrolet pick-up truck on Highway 92 near the Interstate 575 northbound on-ramp with an inoperable left brake light and a tag light that was out.
Jackson said the suspect had bloodshot, watery eyes and told him he was driving home from La Cabana where he'd had a "couple of beers."
The officer gave the suspect field sobriety tests, which he had "difficulties" passing, and took him into custody. Jackson said the suspect was given a breath sampling and had a blood alcohol level of .197.
On April 17, Officer Ron Hughes responded to a call of a fight involving four men in front of the restaurant.
Three days earlier, the same officer was dispatched to La Cabana for an armed robbery attempt and made two arrests. One of the suspects has charged with cocaine possession.
On March 14, officers were dispatched to the restaurant and found two men fighting in the parking lot.
One arrest for disorderly conduct from a patron was made by officers.
During the meeting, two concerns about the restaurant were raised by council members and police officers.
First, the restaurant, according to owner Mercedes Arteaga, has five security cameras (three inside, one outside in the front and one outside in the back), but none of the cameras are operable. Second, the hours of operation of the business aren't set.
According to Mike Bray, the attorney representing Arteaga, the restaurant typically opens about 10 a.m. each day and closes around 11 p.m. Sunday through Thursdays and between 12:30 a.m. and 1 a.m. on Friday and Saturdays.
Throughout the police department personnel's testimony, Bray repeatedly pointed out that none of the officers talked with Arteaga during the altercations or followed up with suspects after being arrested.
Bray also lambasted the proceedings, saying he and his client didn't have time to review the incidents report before responding to the allegations.
"To the restaurant owner, this is a very important hearing," he added. "This is a matter of due process."
Bobby Wilson, who said he will represent Arteaga if he's indicted by the federal government, said it "boggles his mind" as to why the council allowed the police chief to state his opinion about the restaurant.
"This man has not been charged," he said of Arteaga.
Patrons who frequent La Cabana spoke at the meeting in defense of what they referred to a wholesome restaurant.
Patrick Meagher of east Cobb, who said he owns property in Woodstock, said the restaurant was "truly fantastic and is out of this world."
Meagher, who said he's been a regular patron for five years, said the place is family friendly and often takes his father, granddaughter, daughter and son there.
He added he's never seen any excessive drinking and could "testify to the demeanor of the waitresses."
"They are young ladies who are polite," he said, referencing the U.S. Attorney's Office's allegation of prostitution. "I'm at a loss because I haven't seen any issues with the waitresses."
Dr. Christine Goss of east Cobb, who said she eats frequently at the restaurant with her husband, said she hasn't "found a group of people who are as family-oriented and nonviolent" as those who eat at La Cabana.
Dr. Goss said she's been working closely with Arteaga to help him take the American citizenship test, adding the waitresses all love working there.
Councilwoman Tracy Collins pressed both on whether they "socialized" with Arteaga outside the restaurant, but both said they did not.
Woodstock resident Steve Barfield said the restaurant was a "very well-run" establishment and had "very good management."
During its deliberations, the council mulled over placing the restaurant on probation until Sept. 15, 2010.
As a condition of probation, Councilman Bob Mueller proposed the restaurant would close at 10 p.m. Sundays through Thursdays and at 11 p.m. on Fridays and Saturdays. He also stipulated that Arteaga should have all five security cameras operable within a week.
Bray said his client would agree to the conditions surrounding the probation.
Bores disagreed with the time constraint and the proposal of probation.
"I don't think it would do a thing," he said.
Bores said many of the incidents that occurred at La Cabana happened well before the proposed earlier closing times.
Mueller's proposed probation failed, with Councilmen Steve Faris, Leonard and Casdia opposing.
Leonard said he leans toward complete revocation.
"The council has been more than lenient," he said. "I have a deep opposition to serving alcohol to minors... and [the] activities coming out of that place."
When the motion to revoke the license came up for a vote, that measure also failed, Ms. Collins, Faris and Mueller opposing.
After both votes failed, Bores strongly urged the council to reconsider its decision.
"They have had ample opportunity to police up their act he said. "It's the alcohol that's attracting and causing the lawlessness here."
Bores added the council will be back, "shaking their heads" when someone gets seriously hurt in the restaurant.
"No other restaurant brings us... these types of cases," Bores said.
With his client's license suspended, Bray said he is unsure of what Arteaga plans will be, but added there are no plans to close the restaurant.
"I will have to talk to my client," he said.
As a whole, the council issued a stern warning to Arteaga that if they heard of anymore similar incidents, they wouldn't hesitate to revoke the license.
"This is very serious," Faris said. "And we're taking it very seriously."
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