Who is to blame for this screwup?

[admin]

I suspect that there is enough blame to go around. Each of the 3 parties to this bear some responsibility:

1) Obviously the City of Kennesaw should have caught this in the Planning and Zoning Dept, Mr. Simmons was there at the 2004 meeting and was heavily involved then. I was told that 3 other of Mr. Venturi's proposed tenants were turned down. Why did this one slip through?

2) Strip mall owner Mr. Venturi was heavily involved in the 2004 issue. He knew just as well as the City that there were over a dozen types of businesses that he and his lawyer Mr. Sams agreed to prohibit from renting at that mall,

3) Is the business Owner and current tenant to share any of the blame or his he an innocent party who now finds himself 'picked on' by the City? For this answer I guess you would have to do a little mind reading. The business applied as Cruchelows Jewlery and Loan and that is the name of their LLC. Since it was not called Cruchelow's Pawn Shop it isn't immediately apparant it is a Pawn Shop. The average person might look at the title of the LLC and assume it was a jewelry store. Who dosen't like jewelry stores?

So if it was an attempt to avoid being branded as a Pawn Shop, it did work to a certain extent, they got the license to open. However, since they are now not shy about calling themselves a Pawn Shop, even advertising as a Pawn Shop, then if they initally flew under the radar to get the license, they probably brought this zoning problem on themselves as such usage is prohibited per the 2004 rezoning from residential to business.

It is now up to the City to determine what to do.

I would just point out that if they end up in giving the Pawn Shop a pass by giving them a variance to remain, then what is to stop other prohibited businesses from demanding that they also get approval and a variance. Will we end up with adult oriented businesses or massage parlors there?

The original 2004 intent was to keep anything subsequently built on that property 'neighbor hood friendly' and up until now it has worked just fine. It is a nice looking mall, well lighted and clean.

So now it is up to the City to do the 'correct thing' whatever that turns out to be.

[superdogg]

Folks first let me say I understand that living in a neighborhood behind this strip center is a drag. It should have never been built in my opinion.

However, the real problem here as we all know is the stay by the week motels (The Green Roof and this other one beside the pawn shop). I honestly cannot understand the pawn shop issue. Sure if the stay by the week hotels were not there and all is as we want it I would say not to it as well. In fact as we all know there are regulations against this.

In my view we need to welcome in the pawn shop owner. These business are usually family owned. This business went through the proper channels and got a permit. To make the folks move now is just not right. The business is nice looking. This does not appear to be a problem business attracting undesirables. I agree 100% that we don't want strip clubs, night clubs, porn stores, etc. in the area. However this is a legitimate business that appears to be more of a jewelry shop that a pawn shop. Besides what is so wrong with a pawn shop?

Perhaps we could consider working with the business owner to ensure that he maintains a good standard as opposed to running him out. We need to give a businessman a chance these days. We all know who is to blame here. It's the idiots and government doofuses at City Hall.

Folks if we are going to come up with the $50 million the politicos say we need for the Kennesaw sewer we are not going to get there by running legitimate businesses out of town. Whats say lets give this new business a chance first?

[superdogg]

I want to address a couple more issues here.

1. Folks let start treating others how we would like to be treated.

What if you spent a lot of time, money, and hard work opening a business after going through a City vetting process and then after moving in, advertising, and all the ground work you are told you may have to move? I have met these folks and they went through the process as required by the City of Kennesaw. Surely no one believes that a business person can open a store front operation on a major thorough fare in the year 2012 without major government involvement on city, state, and federal levels. So if all those hallowed entities missed the facts would that be your fault if you were in their shoes? Simply put no, it would not be. So why be so quick to punish these folks for another government screw up.


2. As far as the content above and the comments about being shy about being a pawn shop, I beg to differ. They have lighted neon signs on the wall glaring PAWN SHOP. That's a dead give away as far as I am concerned. Further, it is quite common to see PAWN SHOPS referred to as LOAN COMPANIES. Pawn shops are loan companies. That's what they do. The lack of business acumen leading to false conclusions about the nature of the business is again not the fault of the business owner. In other words if clerks and the political establishment are not literate enough to understand the english language that is also not the fault of the business owner.


3. Pawn Brokerage is a legal, respected, viable, and welcome form of business in every community I have ever been in worldwide. They serve a niche of our community that needs serving. While I do not seek the services of pawn brokers since I am fortunate and blessed enough not to have to do so, I do not dismiss them as somehow being undesireable. I frequent pawn shops and find nice, pre owned merchandise. I feel a little smarter than the average bear for doing so. I got the same item, albeit used, but for a lot less. PS it does the same thing too! This bad perception of pawn brokers is not justified. It's the same thing with mechanics, doctors, tattoo artists, palm readers, bakeries, and homeless shelters. All of which reside on Highway 41/Cobb Parkway. Some of them are great, fine business people. Others are not. Pay the shop a visit and see for yourself before you jump to conclusions. If you can come out of there after meeting the owners and tell me that you don't want folks like this in the community then I will say fine. I bet you can't honestly do it.

4. I am not so sure this is not a violation of the business owners rights as well. This is a legal entity, licensed by the state. They sell fire arms so they have to have a Federal Firearms License. Folks you don't get those for being a criminal. They paid the monies due, paid their rent, are licensed by the City. What else can they do or need they do? All they want to do is make an honest living. Offer a service and then pay egregious levels of taxes for the privilege of busting their behinds and risking their money. I just don't get it. What could possibly be the problem with the place?

5. Folks just think it over. I also really do urge you to go by and see for yourselves. These are nice folks. They are just like you and I. Can you imagine being dragged through the dirt in the newspaper just for trying to run a business? This is a nice upscale shop that is more of a jewelry store than a pawn shop.

[admin]

"If you can come out of there after meeting the owners and tell me that you don't want folks like this in the community then I will say fine. I bet you can't honestly do it."
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I am not going to put details on this site, as the issue is as far as I am concerned an issue about a pawn shop and it is not an issue about the owners, however, in regard to the above endorsement I would direct you to this site for additional information: jcruchelow.blogspot.com/

If you read this 6 page Cobb Police report with mug shot you might want to come back and modify or delete your post.

[superdogg]

I could care less about this. Everybody makes mistakes. Whats a disorderly conduct rap got to do with anything? See this is the whole issue. We have a bunch of self righteous folks here trying to run a guy out of business. Again I say how can someone run a legal business out of town? Why don't you direct your questions to the proper parties. That being the government of the City of Kennesaw?

[admin]

Just in case anyone wondered (I did) if the purpose of the business was stated as Pawn Shop, I took some time out to review the 20+ pages of documents on file with the Kennesaw City Clerk.

Cruchelow Jewelry and Loan was mentioned many times, but as you can see here, 'Pawn Shop' did get one mention on the 'Application For Occupational Tax Certificate', if you weren't paying attention you might easily miss it, but it was there one time.

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[admin]

This should be the final word on the matter.

Georgia Code - Property - Title 44, Section 44-12-138
A direct link to the below quoted information is: law.onecle.com/georgia/44/44-12-138.html

(a)(1) Any pawnbroker as defined in paragraph (2) of Code Section 44-12-130 shall include most prominently in any and all types of advertisements the word 'pawn' or the words 'pawn transaction.' A pawnbroker shall not use the term 'loan' in any advertisements or in connection with any advertising of the business of the pawnbroker; provided, however, that the provisions of this sentence shall not apply to a pawnbroker in business on March 1, 1992, which uses the term 'loan' in connection with the name of the business or with advertising of the business.

[I am a]

So the City said that this particular Ga Code violation isn't something they can take up as it is not in the City charter.

So, OK, did they then refer it to whatever agency takes up the enforcement of the Ga Code?

If the City attorney knows that some law is being broken shouldn't he or his office then contact the correct agency to handle the matter?

So did he do this?