August 21, 2024
By: Dwayne Page
Should the Smithville Mayor and Aldermen update the city’s beer ordinance to make it easier for businesses including eateries in the downtown business district to sell the beverage?
During a workshop Tuesday evening, the Mayor and Aldermen met to discuss the issue and the first step toward a final decision is expected when the board meets in regular monthly session next month.
Under the existing ordinance, the language states that “In no event will a permit be issued authorizing the manufacture or storage of beer, or the sale of beer within 400 feet of any school or church. The distance requirement shall be measured in a straight line from the primary entrance of the establishment seeking a permit to sell beer to the primary entrance of the school or church”.
Some business owners downtown who are seeking a change say the existing beer ordinance is an impediment to economic growth and its unfair in that some businesses can qualify for a beer permit while others cannot because of the 400-foot distance requirement. They want this restriction removed from the ordinance.
Mayor Josh Miller said putting the question on the ballot for a referendum is not an option.
“We questioned if we could put it on a referendum but that was shot down by the state. Administrator of Elections Dustin Estes checked that out and found that it had to be approved or not approved by the council,” said Mayor Miller.
The mayor further explained that if this ordinance is amended concerning the distance requirement it would only pertain to the C-2 zone which is the downtown business district and none of the other existing regulations in the ordinance would be changed.
“We are not talking about changing this for the whole town and nothing is changing on any ordinance other than that 400-foot requirement” he said.
“With the way downtown has been booming and growing in the past few years and continues to do so why would we not entertain the idea” asked Alderman Jessica Higgins. “I understand there will be people against it and I am happy to hear from them who come to speak but anytime on Sunday after church you find many people at places like Applebee’s, O’ Charleys’, Cheddars, and Twisted Oaks” (where they serve alcohol). The idea that people are going to get drunk and pour out into the streets hasn’t happened with the businesses already serving it downtown. I think what is important to focus on is that our downtown is growing and thriving, and it can go to another level,” said Alderman Higgins.
“I have never been in a restaurant that sold alcohol and seen anybody in there drunk,” said Alderman Danny Washer. “You don’t go in there to get drunk. You go in there to eat a meal and if you want to have an alcoholic beverage with it that’s fine. A lot of people that have talked to me about it like the idea and there are not that many places in town where you can have anything like that but people want a choice,” he said.
“What I am really frustrated about is that we can’t make it a city issue (referendum) and let the people vote on this because it affects more than five people (aldermen),” said Alderman Beth Chandler. “It bugs me that only five people make this decision because I care about everybody, and I have had a lot of feedback from this. I have had people venomously on both sides reach out to me. I just want everyone to know that whichever way I vote I do care about this city, and I hate to make 50% of them mad no matter what I do,” she said.
There are four churches within the C-2 zone downtown business district that could potentially be affected by a change in the city beer law regarding the distance requirement including the Smithville First Baptist Church, the Smithville First United Methodist Church, the Smithville Cumberland Presbyterian Church, and the Refuge Church.
The mayor and aldermen will consider the issue again during the next regular monthly meeting on Monday, September 9 at 6 p.m. at city hall. A public hearing would be held at a later meeting should the ordinance amendment be approved on first reading.
Prior to the workshop, Smithville Aldermen-Elect Shawn Jacobs, Danny Washer, and Jessica Higgins each took the oath of office in a brief ceremony Tuesday evening at city hall. The oath was administered by City Attorney Vester Parsley. All three were re-elected without opposition in the Municipal Election August 1. Their new four-year terms will begin officially on September 1.