City of Mount Washington
Minutes of the Caucus to discuss a proposed ordinance regarding liquor by the drink in restaurants
April 14, 2003
City Hall Annex Building, 186 Branham Way
Mayor Frank Sullivan called the caucus to order at 5:47 p.m. with the following Council members present: Sam Beichler, Joetta Calhoun, Lloyd Dooley, Sid Griffin, Ralph Lutes, and Larry Porter.
Also present were City Clerk Christi Franklin, City Treasurer Peggy Brinkman and City Attorney Joe Wantland.
Q. What is the difference between wet and dry and how did the City of Mt. Washington become wet?
A. The City has limited sales of alcohol sales, packaged liquor and malt beverages.
Q. Can the City pass this type of ordinance allowing liquor by the drink in restaurants?
A. Yes, under the statutes each territory can vote by referendum and cities have the option to pass an ordinance for restaurants or hotels allowing liquor by the drink.
Q. If a precinct would want to change the wet/dry status, can this be done precinct by precinct?
A. As the City Attorney understands the statute, if this ordinance is passed, a referendum vote would preclude a dry vote. The vote could only be to allow liquor by the drink in establishments other than restaurants, such as a bar.
Q. What is the definition of a restaurant in this ordinance?
A. A restaurant must have a minimum of 100 seats and 70% of the gross receipts must be food sales, although the Council has the option to reduce the percentage of food sales to a minimum of 50%. It must remain a bone fide restaurant.
Q. Can a referendum override this ordinance?
A. No
Q. How many patrons have to be seated in the restaurant?
A. One, but 70% of the gross receipts must be food sales. The restaurants must submit receipts quarterly to the City, and the ABC Administrator and Police Department have the authority to go into an establishment and review the records to measure compliance. If the establishment is not in compliance, the liquor by the drink license can be revoked.
Q. In the ordinance are there qualifications that the establishments and their employees must meet, including training and signage?
A. Yes, it includes many restrictions and qualifications that must be met. Signage can be restricted by the discretion of the Council within this ordinance. Examples: no signs outside advertising the sale or cost of food or alcohol and advertised prices in the window can be no larger than a business card.
Q. Can the City add a restriction prohibiting a happy hour?
A. No, because “happy hour” would be difficult to define. The City does not have the authority to restrict or set pricing.
Q. With the 100 seat regulation, can the establishment have only one person inside at a time?
A. Yes, not all the seats need to be filled, although if one person is in the establishment at a time, the establishment would not stay open for long.
Q. If this ordinance is not passed, what are the chances that the issue of liquor by the drink would be brought to a vote on the ballot?
According to the State ABC Board, at least one establishment is actively soliciting to have liquor by the drink. The vote can be precinct by precinct and precincts seven and ten would be the easiest to pass a referendum allowing liquor by the drink because there are not that many residents in those precincts.
Q. Can each precinct pass or turn down the ordinance?
A. The precincts cannot vote on the ordinance, but they can vote to change the status from limited wet.
Q. Within the County, there is currently a restriction against alcohol sales on Sunday. Can this ordinance include Sunday sales of liquor by the drink?
A. Yes, the ordinance would override the Sunday sale restriction.
Q. Can the City restrict the hours of operation or liquor sales on Sunday?
A. Yes, the hours can be set in the ordinance.
Q. Can caterers come from outside the County to sell liquor in the City?
A. Yes, as long as they meet the 100 seat requirement.
Q. Can the caterers set up a tent?
A. Yes, and the caterer would also have to obtain a business license from the City.
Q. Can the issue of caterers outside of the County be restricted?
A. The City Attorney is trying to do just that.
Q. Are the caterers required to meet the City’s requirements?
A. This has not been addressed yet. The City Attorney would like the State ABC Office to address the Council regarding this and other ABC issues.
Q. If this ordinance is not enacted, can caterers set up tents and sell alcohol?
A. No
Q. If a precinct’s status is changed from limited wet to wet by a referendum, can caterers come into the City?
A. Yes, including a bar.
Q. Can the City restrict that kitchen and food staff must be on duty when a caterer comes in to the City?
A. Yes
Q. If the ordinance is enacted, can a person have a drink in the restaurant without purchasing any food?
A. Yes
Q. Can the City change the seating capacity and percentage of food to be sold?
A. Yes the food percentage can change, and the attorney will research if the seating capacity can be changed.
The potential development inside an outside the City was discussed. The ordinance was discussed as a potential source of revenue. The restaurant industry employees a large number of people, therefore the City could collect additional occupational taxes.
Council’s Comments
Larry Porter - Would like to find out if the City can restrict caterers coming in from outside the City limits.
Joetta Calhoun - Would like to see a comprehensive draft copy of the ordinance, and would like to study this issue completely and not rush the process. She also stated concern that if the City doesn’t look at some type of control of liquor by the drink, a referendum would pass then the City would not have any control.
Lloyd Dooley - Would like to find out if the City can preclude dancing girls.
Sam Beichler - Would like the issue of alcohol sales on Sunday to be addressed. He would also like to see the hours changed from 6am to midnight to 12:00pm to midnight. He would like to have the State ABC Board come and address the Council.
Sid Griffin - Would like to have the State ABC Board come and address the Council. He stated that the City needs to consider regulating this issue because a ballot vote will eventually happen.
The City Clerk will schedule a representative from the State ABC Board to attend a meeting and address the Council.
The caucus adjourned at 6:37pm.