Alcohol ordinance reading skips few details
By Jim Cox

A mostly anti-alcohol group listened for over two hours as an ordinance that would govern alcohol sales if Thomasville votes wet was read Tuesday night.

The unusual public hearing had been billed as a "reading of the entire ordinance" by Mayor Sheldon Day.

Most of the ordinance was read but after the mayor awkwardly read detailed wording of adult activities that would be prohibited and was set to start on a second set of explicit wording he said, "I don't really want to read all of that again," and a voice from the back of the room agreed, urging, "Good, move on." Day skipped the passage, saying, "Y'all can read that."

Police Chief Billy Hicks and ABC Agent Michael Murphy were present to add input to the discussion.

Day began by explaining as he has before the necessity for a control ordinance should Thomasville vote to legalize alcohol sales. There are state regulations but he said the city needed to have a voice in control efforts too. The city's ordinance can't lessen regulations set by the state but can in some instances make them stricter. This ordinance does that in some places.

For instance, the distance a business selling alcohol has to be from a church, school or child care facility is set at 300 feet by the Thomasville ordinance. That is greater than the state's requirement and greater than a lot of municipal ordinances.

In the first draft of the ordinance it was set at 200 feet but lobbying by dry forces has increased it to 300 feet.

Still, that doesn't satisfy some. A written question Tuesday night asked for the distance to be set at 500 feet.

Day said the ordinance is a proposal and none of it is set in stone and said that could be considered before the ordinance is adopted.

Day also noted that the city's new zoning ordinance restricts sales to B-1 and B-2 zones and the city's historic district. Sales are prohibited in residential areas.

Grocery stores that would sell alcohol for off-premises consumption are exempt from the distance rule.

Other highlights noted Tuesday is the restriction that prohibits minors from selling alcohol products in stores and restaurants. Store clerks, restaurant servers between the ages of 19 and 21 are permitted to sell alcoholic beverages under certain restrictions as long as an adult supervisor is present.

Alcohol sales are prohibited from midnight to 6 a.m. Monday-Saturday and all day on Sundays.

The portion of the ordinance prohibiting adult entertainment is also supported by the city's zoning ordinance, Day explained.

The ordinance details records and reports that businesses selling alcohol have to keep and provisions against open containers, all based on state law.

Inspections of businesses selling alcohol are allowed by the state and the local ordinance. ABC Agent Murphy explained that he has made two and sometimes three unannounced inspections of a business within a week if he thinks there is reason to do so. He can cite a fine per incident violation he finds during an inspection.

The ordinance details a specific committee to review and process alcohol license applications. The group is composed of the city clerk, police chief, building inspector, fire chief, or their designated representatives, and a local citizen appointed by the mayor. Day explained that the city council wanted to add their citizen representatives and two more would likely be added to the final ordinance.

The committee will make recommendations to the city council but the matter will not be voted on in the same meeting at which it is presented. It will be held over for two weeks to allow for public input.

Specific considerations are outlined for applicants seeking licenses as well as for considering license revocations. Day said, "We can be arbitrary in the way we choose licenses. If the council is not comfortable [with a proposal], it does not have to issue [a license]."

License fees and taxes for various types of alcohol are listed in the ordinance, all based on state law.

Other parts of the ordinance that were highlighted included a provision that prohibits gambling or gaming devices of chance on premises licensed to sell alcohol. A Supreme Court ruling recently outlawed video games of chance. Day noted that this would also cover pool halls. "If you have pool tables, you can't sell beer. You will have to decide if you want to have pool tables or beer sales," he said.

Outside signs advertising alcoholic beverages are prohibited by the ordinance. Any advertising would have to be inside a business selling alcohol.

Finally, Day noted that the ordinance concludes by saying it cannot be "significantly amended" without a public hearing notice first being published not less than 10 days prior to such hearing. That provision is to make sure the public is aware of any proposed changes.

Some of the anti-alcohol group wanted the right for the public to vote on any changes but Day said legal research has indicated that may not be constitutional.

Day read some of the written questions submitted during the meeting. One asked if a licensed establishment sold alcohol to a person who was drunk and he left the building and had a wreck, would the business be liable.

Day directed the question to Agent Murphy who said he couldn't answer that. "It would be up to a judge and jury." He did add that, according to the proposed ordinance, the business is prohibited from selling alcohol to such a person if the business employee knew the person was under the influence of alcohol.

One question asked if a public hearing on the ordinance would be held before it is enacted.

"This is a public hearing. I don't know how we could be any more public than this," Day said, explaining that the meeting had been well publicized before it was held and the entire meeting had been broadcast live on WJDB AM Radio.

A local law was passed by the State Legislature allowing the city to vote on legalized sales. The local law was prompted by ones for Jackson and Monroeville that triggered public approval of sales in those cities.

A petition containing the necessary signatures of city voters has been presented requesting referendum on the question but the city council has not set a date. Mayor Day has said a referendum could be held April 3.

The process has been prolonged because the city wanted a zoning ordinance enacted and the alcohol control ordinance readied before a vote is scheduled.

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