BENTON – [VIDEO FOLLOWS REPORT] The third and final Alcoholic, Beverage and Control (ABC) workshop was held Thursday morning in the Marshall County Fiscal Court room.
A full courtroom was welcomed by Judge Executive Chyrill Miller who addressed them saying, “We’ve allowed comments from you the public at the first two workshops. I must ask you now to give us out time, let us discuss what needs to be examined in this final draft without interruption. We will not accept any comments or questions during this session and I would also ask that you would refrain from any exclamations of approval or disapproval.
“I realize, and think my fellow court members also realize, that we will not be able to make everyone happy but realistically, that is not our duty. We have received many calls, emails and correspondence from the public and we respect everyone’s opinion and likewise ask you to respect our deliberations at this time.”
“I do not believe that there is anything that can be said, that has not already been stated.”
The final reading will be held on Friday, September 25th at 9:30 in a Special Called meeting and a summary of the Ordinance will be published in the newspaper on Tuesday, September 15th.
CLICK HERE to read or print the entire 29 page updated ABC Ordinance.
Before going over the few changes made since the second workshop, Assistant County Attorney Jason Darnall thanked the many involved in the process of drafting the Ordinance.
“It’s been a learning experience for everybody”, Darnall said. “I also want to thank all the members of the community that have showed up, called, emailed. I can assure you that your voices have been heard.”
Darnall said he has had one on one conversations with everyone on the Fiscal Court about the Ordinance and they have talked about all the comments made during the workshops.
Changes discussed at Thursday’s meeting:
On page 3 of the Ordinance, the Special Sunday retail drink license has been set at $300 per annum.
Commissioner Bob Gold said he would prefer that there would be no Sunday sales in the beginning until we can get our administrative offices in place.
Commissioner Johnny Bowlin refrained from comment at this time and Commissioner Rick Cocke confirmed that his point of view on Sunday sales, previously stated, has not changed.
Eight different licenses can be issued locally by the county and they include;
- Quoto retail drink license
- Special temporary licensee
- Nonquota type 2 retail drink license
- Nonquota type 3 retail drink license
- Special Sunday retail drink license
- Bottling house or bottling house storage license
- Nonquota type 4 retail malt beverage license
- Limited golf course license
Added to the Certain Special Licenses Defined section on page 4 was a requirement that a licensee may be required as a condition of receiving a Special Temporary License to contract directly with the Marshall County Sheriff’s Office at the expense of the licensee to provide adequate security at the event.
Page 6 pertaining to the Regulatory License Fee, Sheriff Kevin Byars prepared a document presented to all on the court, that came up with 6.1% fee of gross sales. It was decided to round it to 6% and will be re-examined yearly with the possibility of being reset.
Page 17 of the Ordinance that relates to audio and visual recordings of the premises of any licensee, the court agreed to require them to retain at least 7 days of recordings up to a maximum of 30. This is discretionary and not a requirement to have the audio and visual equipment but the court and law enforcement hope that licensees will find it in their best interest to use existing or install the equipment.
Hours for sale and delivery are set by the state with the exception of closing time and Sunday sales which the court has discretion on. This section can be found on page 19.
Page 22, section P covers the distance of a quota retail package store from a school, church or daycare center which is set at 500 feet. All three County Commissioners agreed that a 1,000 feet distance would be acceptable to them.
Darnall stressed that this would be a “case by case” determination by statute no matter what distance is in the Ordinance, reading several factors that could come into play.
“The state will probably be the one making the call on that anyway”, Darnall said. “When all is said and done it will be taken out of our hands.”
Today, September 10th, at 5:30 in the Fiscal Court Room, Stephen B. Humphress, General Counsel for the state Department of Alcoholic Beverage Control, will present an educational forum and will discuss the differences in licenses, licensing requirements, and the application process.