Code Enforcement notified the Fire Marshal’s office and they will investigate.

This happens on a regular basis. They have live music and the restaurant gets so full that they leave the doors open and the music can be heard in a residential apartment complex. When will the city do something to address this issue? I call the police every time this happens and they send someone out; but I would like to know when this will be addressed with the owner of the establishment.

The Fire Marshal's Office addressed the occupancy issue with the owner.

Has the noise issue been addressed as well?

In 2017 City Council amended the City Code to address sound issues within developments such as City Center and Avalon. The amendments can be found in Section 26-114 – Sound Level Limitations and more specifically in subsections (e) and (f).

(e) Separately-owned properties located solely within an MU-zoned master planned project shall be deemed one collective property for the purpose of complying with the sound level limitations set forth in subsection (a) of this section.

(f) Within an MU-zoned master planned project, it shall be unlawful for any person to employ or permit to be employed at a commercial or business establishment located therein any machine, device or instrument for the producing, reproducing or amplifying of sound and/or noise (including, but not limited to, any radio receiving device, television, stereo, musical instrument, amplifier, loudspeaker, or device that plays recorded music) at such a volume and in such a manner so as to create, or cause to be created, any noise or sound that is plainly audible within any residential dwelling unit located at a distance of 100 feet or more from the premises of such commercial or business establishment between the hours of 11:00 p.m. and 7:00 a.m., Sunday through Thursday, and between the hours of 12:00 midnight and 7:00 a.m. on Saturday and Sunday. For the purposes of this section, the term "plainly audible" shall mean any sound for which the information content of that sound is distinguished by the listener possessing normal hearing sensitivity, such as, but not limited to, understandable speech, comprehension of whether a voice is normal or raised, repetitive bass sounds, or comprehension of musical rhythms, without the aid of any listening device.

The determination of whether or not a nuisance as defined by the Code is present is determined by a Police Officer from within the complainant’s residence. Absent that, the City does not have proof of violation. To aid in our ability to enforce a violation, we would request that while the noise is occurring, you request that a police officer be dispatched to your residence to establish proof of violation.

We have spoken with the owner of the business and made him aware of the complaints that have been received. While this business is new, he owns and operates another restaurant in Alpharetta and has always been very cooperative and eager to assist in addressing any issues.

I have called on 3 occasions so I am assuming you have a record of those calls. Thank you for letting me know you spoke with the owner about this and hopefully that will resolve the issue. If not, I will continue to call the police when the noise is at a level that I can hear inside my apartment.

Seems to be a real understandable issue. Surely the Citizens of Alpharetta need better control over the nightlife in the so called Town Square. I suggest perhaps the Mayor and City Council have a need to take another look at their amendments and control on occupancy.

The City of Alpharetta has resolved this request.