MACON, Ga. — Macon-Bibb County has filed an emergency motion in Superior Court to have M&M Grocery permanently closed, according to a press release.
The release says the closing comes "because of the reemergence of conditions which threaten public safety and for the store violating the conditions of a Court Order placed against it in October 2022."
The conditions were as follows:
- Defendants were declared to be responsible for the premises and curtilage of the store, and to take proactive steps to prevent loitering, gatherings, or the presence of non-employees for more than ten minutes.
- Defendants could not transfer any interest in the premises or the business thereon to any third party without the same entering this action and stepping into the shoes of the party previously holding the interest conveyed.
- The store could only operate between 6:00 a.m. and 11:00 p.m.
- Defendants had to post prominent “No Loitering” signs inside of the store and in the parking lot.
- Defendants had to post prominent signs, substantially stating “This Area Is Under Constant Video Surveillance” inside of the store and in the parking lot.
- Defendants had to call for law enforcement assistance any time a person not conducting business with the store remained on the premises for longer than ten minutes.
Bibb-County Sheriff David Davis says the store isn't following the conditions they outlined.
"They had conditions. They had to close up at 11:00. Well, guess what? They ain't," he said.
On Monday, Davis says crime numbers are on the way down in west Macon. He said getting hot spots for crime under control is one part of those results.
A hearing is scheduled for June 22 at 9:30 a.m. and Judge Mincey has modified the original order to require the store to close at 8:00 p.m., instead of 11:00 p.m. Additionally, the Bibb County Sheriff’s Office will be notifying M&M Grocery that all its alcohol licenses are immediately and temporarily revoked for up to 90 days.
M&M Grocery was closed previously because of the amount of violent and criminal activity that occurred in and around the store, the release said.
The county says since 2016, more than 894 emergency 911 calls were placed from the store, leading to the Bibb County Sheriff’s Office having to regularly patrol the area.
There are 75 cases going back to 2019 specifically cited in the original suit, including homicides, car theft, stabbings, shootings, and the ongoing sale of drugs, including heroin, crack cocaine, ecstasy, Xanax, methamphetamine, cocaine, and marijuana.
The release also included descriptions of recent incidents and crime data that can be found by clicking here. Additionally, video footage shows the store operating and criminal activity happening well past the time they were supposed to be closed.
Georgia law provides that “any nuisance which tends to the immediate annoyance of the public in general, is manifestly injurious to the public health or safety, or tends greatly to corrupt the manners and morals of the public may be abated by the order of a judge of the superior court of the county in which venue is proper.” O.C.G.A § 41-2-2.
The county is asking for the following relief:
- That this Court find Defendants to be in willful, criminal contempt of court and order that they be punished to the maximum extent allowed under O.C.G.A. § 15-6-8 for their willful and reckless endangerment of the lives of citizens of Macon-Bibb County by willfully failing to abide by this Court’s Order;
- That this Court order the permanent closure of this store and all other abatement and injunction of the nuisance conditions complained of by Plaintiff in this matter in a way that is deemed suitable to the Court; and
- That Plaintiff have such other and further relief as this Court deems just and equitable.