BENTON – [Video Follows Report] Marshall County Fiscal Court held a special-called workshop meeting Thursday, August 13th, to discuss Ordinance #2015-04 pertaining to the sale of alcohol in Marshall County following the July 28th vote passed to go “wet” and permit alcohol sales.
Here is a brief summary of areas in the 26 page Ordinance that warranted more discussion with the court members and those in attendance at the meeting.
Many areas of the Ordinance are state statutes already in place that must be adhered to by the county, but there are a few areas the county can establish or amend to fit their unique needs or situations.
License fees for retail package, special temporary event license, retail drink license, caterer’s license and bottling house or storage license were discussed and agreed upon unless otherwise changed before the final vote on the ordinance.
A discussion was held in the determination of the regulatory license fee percentage which as of now is set at 8% of gross sales of all alcoholic beverages sold by the drink and retail sales of package distilled spirits and wine but is subject to change.
Marshall County Sheriff Kevin Byars is currently gathering information and will be using a new system, not used by any other counties, to determine the percentage rate.
Once the Ordinance is finalized and passed, the public will be informed via press release when and how to apply for a license.
At this time, Marshall County Judge Executive Chyrill Miller will serve as the Alcohol Beverage and Control Administrator until the time a new Judge Executive is elected. The elected Judge Executive can determine then whether to continue as the ABC Administrator or appoint someone to that position.
State statute says that licensee’s shall “keep ample records” with books, audio and visual recordings and records and a discussion was held on the length of time that security or surveillance video should be kept which in some cases, due to storage capacity and video definition set on the equipment it is impossible to keep an extended period of time. This area will be discussed further.
The state statute sets the dormancy of a license period at 90 days but as brought up by Mark and Kathy Wood, owners of Moors Resort and Marina, they currently close their restaurant during winter months as a seasonal tourism destination.
This is set so that a business owner cannot “sit” on a license where “no or substantially no business is transacted”. More information will be gathered from the state before a determination on this issue due to many seasonal businesses in the area.
Hours for sale and delivery have been set at 6:00 am to 12:00 (midnight) for retail package stores as well as beverages by the drink.
Amendments to this time will be New Years Eve, when sales may go until 1:00 am no matter what day of the week the holiday falls on.
By default, the state sets “no sales” on election days unless the local government wants to keep it a regular day for sales. The court felt that alcohol sales could take place on election days.
Sunday sales by the drink will be permitted to give businesses in our area a chance to be successful, especially in light of our tourism industry. No package sales will be allowed on Sunday. The time was set to begin at 1:00 pm and end at 12:00 (midnight) for Sunday sales by the drink.
“Obviously for business reasons, we are for it”, Kathy Wood said, speaking for those in favor of Sunday sales. “I’m also the President of Team Kentucky Lake which is trying to promote our county and from the standpoint of economic development, this could be huge.”
“I don’t see that overnight we will see all these businesses come in, but if we postpone this decision, we are missing opportunities down the road. We really need to offer every tool to restaurants and businesses that will look to come into our county.”
Alcohol sales at golf courses located within the county with an alcohol business control license will be allowed to sell distilled spirits, wine or malt beverages by the drink and follow the same hours as set previously mentioned in this article.
Currently in the Ordinance, it states that “no license for quota retail package sales shall be issued within 1,000 feet of a church, school or daycare as measured by the closest boundary line between two properties.”
According to County Attorney Jason Darnall who is drafting the ordinance, changes are on-going in reference to this issue.
“The 1,000 feet will just cut our legs off, even in Draffenville we have a daycare center by Ponderosa, we have a church going in behind Subway”, Sissy Womack said. “There’s not an intersection in this county that doesn’t have a church, daycare center or school. This is something that will kill our retail sales. We can not do this. It is not good for our county.”
Womack would like for it to be removed from the ordinance but if it remains would like for the distance to be reduced.
Darnall, in discussions with the state administrator, Steve Humphress, said it is possible to add some discretion in this area. Humphress is General Counsel with The Office of Legal Services that provides legal support and advice to the Department of Alcoholic Beverage Control.
A discussion was also held as to natural or artificial barriers to block the views of the package stores that are in near proximity to a church, daycare or school.
“We don’t have zoning in our county and because we don’t have zoning, we already have a mixture of all of that”, Womack said. “It will cause a problem if you put that in the Ordinance.”
Patio sales will be permitted in businesses as long as patrons enter patio through the establishment and a barrier at least three feet high will be required around patio area.
The next special workshop meeting on the ordinance will be held on Monday, August 24th at 9:30.
Calvert City and Benton have ordinances and Judge Chyrill Miller said the Fiscal court is trying to be cooperative and keep it uniform.
“I think it’s our duty to keep this as responsible and respectful as we can and make it tasteful in every aspect that we can and make as many people happy as we can”, Miller said. “We know we can’t make everyone happy and that was reflective in the vote.”