Magee business owner Jacklyn Lee Rogers says her restaurant, Cattle Drive Grill and Waterin’ Hole, is in danger of closing after the City of Magee refused to renew her privilege license.
Rogers claims the city changed ordinances two years after she was already in business, effectively putting her at odds with city hall. Her city privilege license is set to expire on September 30.
Rogers, who opened her restaurant in 2022, said she made every effort to ensure she was in compliance before purchasing the property. “I bought a property that was zoned commercial, and before I even put the offer in on the building, I went to the city and said, ‘Hey, I’m thinking about buying this building. Is it zoned correctly? I want to put a restaurant in and serve alcohol.’ They said, absolutely no problem,” Rogers explained.
She said her real estate agent even contacted the city attorney to get a written letter at the time to confirm the zoning. Rogers believed everything was in order, but later discovered the city never delivered the promised letter verifying her zoning approval.
Despite that setback, she moved forward with remodeling and successfully obtained her liquor license from the Mississippi Alcoholic Beverage Control (ABC). “ABC told me if the city comes in and shuts me down after they issue my liquor license, then the city would be facing lawsuits,” Rogers said.
For nearly two years, Rogers operated her restaurant under city and state licenses. But in September 2024, the Magee Board of Aldermen approved a new ordinance that Rogers believes removed her location’s zoning eligibility for alcohol sales.
The city’s decision not to renew the business privilege license for Cattle Drive Grill and Waterin’ Hole is based on the business not being in compliance with zoning ordinances and City Ordinance 299, which regulates the retail sale of alcoholic beverages.
The Board of Aldermen adopted Ordinance 299 on September 17, 2024, as a revision to the previous alcoholic beverage ordinance to update the hours that sales could occur. Section 3 of Ordinance 299 limited alcoholic beverage sales to restaurants located in areas of the city zoned C-3 or Downtown Preservation District (DPD). According to current city zoning maps, Rogers’ business is located in a C-2 zone, which does not allow for the sale of alcoholic beverages.
However, Rogers said that before obtaining her license in 2022, she was informed by an ABC agent that once a town votes liquor in and a business has a valid liquor license, the zoning restrictions should not apply. “They told me if I had my liquor license and my business license, the city couldn’t come in and shut me down,” Rogers said.
This month, Rogers said she received a letter from the city stating her business privilege license would not be renewed. “They’re virtually putting me out of business,” she said. “If I can’t have a business license, I would be illegal on October 1.”
Rogers has hired an attorney and is now taking her case to federal court. She said her legal team will seek a temporary restraining order that would allow her to stay open while the case is being decided. “Basically what we’re saying is, you can’t zone me out of business because I was already in place before the law changed,” Rogers said.
In recent months, the city has also fielded complaints about noise, parking, and property compliance at the restaurant. A letter sent to Rogers earlier this summer outlined several concerns, including fencing requirements and distance from city utilities. Residents in neighborhoods near the restaurant have also raised concerns about late-night noise and traffic, which were cited in public discussions.
City officials have indicated that businesses must be in compliance with all zoning and city ordinances in order to maintain a valid privilege license. Without that license, a business cannot legally operate in Magee. At this time, the city’s stance is that the privilege license cannot be renewed unless the business complies with the current zoning rules. The matter is now expected to be addressed in federal court.
Beyond this dispute, Rogers said she has also struggled with vague ordinances and what she described as inconsistent enforcement by city officials. She cited repeated noise complaints despite complying with the city’s 11 p.m. noise ordinance. “I turn my music off at 10 because I want to be respectful. But one night I was even handcuffed when all I had was two ladies sitting outside playing cornhole and laughing. That’s not a noise violation,” Rogers said. She said the noise ordinance needed to be defined by a decibel and not left up to interpretation
She also raised concerns about how city requirements have changed after she made costly improvements. She recalled being told to build a fence to separate her property from a neighboring residence, only to later be informed that the fence she built at the city’s direction did not meet code. Rogers said she sent a photo of the fence she planned to build and received approval from the city zoning director. “I spent $5,000 on a fence they told me to build, and now they say it’s not to code. I can’t afford to just tear it down and start over,” she said.
Rogers employs about 15 to 20 people, mostly part-time staff who rely on the restaurant as supplemental income. She said the uncertainty is taking a toll on her and her workers. “My girls are traumatized. They’re worried about their jobs, and it’s hard to find work in a small town. People depend on this place,” she said.
Despite the challenges, Rogers said she believes her restaurant provides something positive for the community. “There’s not much to do in Magee. People have to drive to Jackson or Hattiesburg for entertainment. I wanted to bring something here so folks could stay local. The customers love the atmosphere,” she said.
She added that she would like to see clearer communication from city officials. “Conversations would be great. I’m willing to talk to anybody. I just want to know the rules so I can follow them,” she said.
As her court battle begins, Rogers says she remains hopeful the restaurant will be allowed to stay open. “I absolutely love what I’ve created here, and I believe in Magee. I just want to be treated fairly and allowed to keep my doors open,” she said.
