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December 7, 2009

Mosier cleared

Mark Millican

VARNELL — The “Screamatorium” may not be back on Cedar Street next year, but the city councilman who operated the Halloween spook house was found not in violation of zoning and business ordinances in city court Monday night.

Carlus Mosier had been charged with a running a business in a residential area and out of compliance with the city’s occupational tax requirements. He said he “felt good” after Judge Jerry Moncus delivered his decision. Moncus, a Dalton Municipal Court judge, sat on the bench for Varnell Judge Phillip Woodward, who recused himself since Mosier had voted for him for city judge.

“I felt like I was right all along, and that I never did anything wrong,” Mosier said.

“Why are they pinpointing me?” he asked. “Because I had a Bill Morgan (for Mayor) sign in my yard.”

The citations came in the midst of a heated political campaign for mayor and two council seats. Mosier was defeated for re-election for the Post 1 seat by James Caldwell in the Nov. 3 election, and Morgan was defeated for mayor by incumbent Dan Peeples.

Mosier testified he had operated the haunted house for two years before this year without incident. He said he was notified by city manager Mark Gibson on Oct. 7 that if he didn’t have a business license the haunted house would be shut down. On Oct. 16 he was given a citation for not purchasing a business license, he said.

He said at the time Lt. Michael Casey and Police Chief Lyle Grant told him he could pay the citation for violating the city’s occupational tax code and go back to operating the haunted house. Casey testified that he did tell Mosier that.

“Mr. Mosier told me he was not charging (an entrance fee), but said (people) could pay if they wanted to,” Casey said. “I told him to get with the city manager to work it out.”

Casey said that on Oct. 23 when it was found that Mosier had not applied for a business license, the haunted house became a zoning violation. Mosier maintained throughout the hour-long hearing that he could not have gotten a business license since the neighborhood is zoned R-1, or strictly residential.

City solicitor Mike Corbin charged that Mosier was running a business because money was taken and the haunted house was not designated a nonprofit venture. Mosier said proceeds — amounting to $75 before the haunted house was shut down — were given to a local Boy Scout troop, and produced a receipt for that amount. When Corbin asked Mosier what happened to money in the years before it was donated to the Scout troop, Mosier’s wife Shirley said it was given to a son and daughter-in-law who poured the money back into buying costumes and materials for the next year’s opening.

“We have a really good time, it’s family-oriented and we love to see the kids have fun,” she said in answer to Corbin’s inquiry as to why they operated the haunted house. “It helps keep those kids off the street, and they work really, really hard on it.”

Moncus cited a 1977 business license ordinance as precedent, saying it provided two years for compliance. He told Mosier he was “in the middle of that … but you’ve been placed on notice that this is not something the city of Varnell wishes to continue to happen.”

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