BEAN STATION – After a 45 minute public hearing during which a half-dozen residents spoke out against changes to the city’s new beer ordinance on what they called moral grounds, the Board of Mayor and Aldermen decided Monday night to table the proposed ordinance until they could make changes next month.
Due to a long and drawn-out court case over a revoked beer permit that has yet to be resolved, the board had sought out the advice of a lawyer in order to amend the code to avoid any such lawsuits in the future. Their lawyer reportedly advised them to amend the code to provide for the number of existing permits, the pending permit, and in order to comply with state standards calling for one permit for every 250 residents, add five more, based on 2000 census records. Consequently, the ordinance proposed by the beer board made room for 11 beer permits, two of which must be restaurants, and two must be grocery stores. This increase in permits led to opposition from within Bean Station's religious community. Several members were in attendance and voiced their objections publicly, many for the second time.
Bean Station Mayor Rick Brewer said he wanted the community of Bean Station to understand what a difficult position he was in. Brewer explained he was voted in by the entire community, not just the religious community of which he is a member, adding that he felt obligated to represent the interests of the entire constituency and the city of Bean Station. He explained the ordinance in its present state that allowed for only two permits, when five permits with one pending existed, was not in compliance with state law so it had to be changed. The four extra must be either revoked or officially allowed in the city ordinance.
Brewer also stated that if during the city's last annexation, the ordinance had been set properly, he would not have inherited the problem nor would he be in this position today. Four businesses were allegedly "grandfathered in" and were assumed to be unaffected by the limit set by the city ordinance. To correct that misinformation, Brewer said in order to be in compliance with state law, the city had no legal obligation to allow those permits to continue. The mayor admitted he was tempted not to allow them to continue because he agreed with the protestors that when it comes to alcohol, "more is not better.” However, if the code was not amended to include the existing six total permits, they would likely face more lawsuits such as the one they are currently embroiled in that has already cost the city as much as $10,000.
Referring to Alderman Mark Livesay’s lone dissenting vote at last month’s meeting when the ordinance was first proposed, Bean Station resident Bill Carroll said, “Like Mr. Livesay, it’s a moral issue. There’s no middle ground. You’re either for it or against it, and I’m against it.” Carroll’s comments were echoed by most of the other speakers. “There’s no good in it,” said Lawrence Long, adding that only the court system, hospitals, and funeral homes benefited from increased beer sales.
“I think it’s a step backward for the city and step backward for our morals,” said resident Bo Johnson.
Brewer also pointed out that many citizens of Bean Station already patronize establishments that serve or sell alcohol, although they may not personally, partake or patronize them for that reason. Businesses such as Wal-Mart and Food City in Morristown are raking in those tax dollars from Bean Station residents that could be kept within the community, "So what's the difference?" Brewer asked repeatedly.
Alderman Eddie Winstead said he has received calls from three of the major churches in town requesting that this matter be put on the ballot for the community to decide, however, that was not necessary as all the aldermen and the mayor agreed that they would be willing to reduce the number of permits to only five plus one pending the outcome of the lawsuit. If that still did not satisfy the religious community, they would consider putting it on the ballot in April, officials said.
The board agreed to meet for a workshop January 15 to work out the details toward that end.
In other action, the board:
• heard a report by Recreation Director Eddie Douglas, who said the city’s Christmas in the Park event Dec. 1 was “one of the most successful ones ever.” He said they counted 180 cars in the parking lot and over 300 people;
• discussed a problem with vandalism in the park last weekend that resulted in about $75 in damage, mostly to lights, and to a recently erected plaque to Eddie Winstead’s late wife, Annette. Police are investigating;
• approved several routine budget amendments and the meeting schedule for 2007; and
• approved giving each of the city’s 12 employees a $100 Christmas bonus.
Editor’s Note: Publisher/Editor Steve Cason contributed to this story
