Thursday, August 11, 2011
Markets Retain Controversial Beer Licenses
For the time being two local merchants will retain beer sale licenses that were issued during past months in violation of requirements set forth in county ordinances.
Tuesday was the first meeting of the recently expanded Lawrence County Beer Board. Two members were added by the Lawrence County Board of Commissioners after they learned of the erroneously-issued permits and potential legal action.
Virgil Luna and Anne Brown were appointed by commissioners in July to join Gary Wayne Hyde, Johnny Daniels and Mark Niedergeses on the panel.
The provision causing discord is known as the “2000 foot rule.” It stipulates that no beer sales be allowed within 2,000 feet of any “school, church or other place of public gathering.”
In past months members of the beer board issued permits to owners of New Prospect Market, which is only 1,600+ feet away from New Prospect Baptist Church, and to Dunn’s Bait and Tackle, situated only 1,500+ feet from Summertown Cemetery.
Owners of both businesses attended the meeting. They pointed out that they had listed the footage in their applications and complied with all other requirements. Once they received their permits, both indicated they had invested money needed to be able to sell the products.
Members of the beer board indicated that wording on the application itself is imprecise, leading to the mistakes. The application shows the distance requirement to be “2,000 feet or less.”
Under their interpretation, beer board members said they felt the decisions were justified. One member stated, “If the application had said 2,000 feet we wouldn’t be up here today.”
County commissioners passed a resolution in July, instructing the beer board to revoke the permits of the two businesses not in compliance with the ordinance. When motions were made to revoke each license Wednesday, however, both failed for lack of a second.
County Attorney Charlie Holt pointed out that once the board first violated the 2,000 foot rule, it simultaneously invalidated the statute. Holt explained that since the permits were not revoked, the county effectively has no distance requirement in place. In order to remedy the situation the county commission will need to establish new guidelines.
After addressing the revocation issue board members discussed the need to revamp and clarify the county ordinance. Some suggested that definitive language be added regarding the distance requirement, such as specific points from which the distance must be measured.
Attorney Mike Harris, representing the owners of Dunn’s Bait and Tackle, suggested that the ordinance should include a clear definition of what constitutes a “gathering place.” He expressed doubts that Summertown Cemetery would qualify. State law on the matter, he said, is also ill-defined.
Holt recommended that future applicants be required to submit survey results along with their applications, certifying distances to nearby churches, schools and places of public gathering.
A special session of the county commission has been called for 5:00 p.m. on Monday, August 22, 2011 during which they are to address the situation.
Commissioners are to “consider a resolution amending any previous resolutions establishing a Beer Board or Beverage Permit Committee to call for the dismantlement of the County Beer Board or Beverage Permit Committee with all such authority as previously vested in the Beer Board or Beverage Permit Committee be transferred to the Lawrence County Board of Commissioners.”
The meeting is to be held inside the commission meeting room at the Lawrence County Courthouse.
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