Town Board calls for referendum on alcohol

By STEPHANIE CASS

According to a motion passed unanimously by the Town Board Tuesday, May 6, the decision to allow the sale of malt and mixed beverages in Taylorsville will be up to the residents.

The Board agreed to make a request to the Alexander County Board of Elections for a malt and mixed beverage election. Manager David Odom, who was asked by the Board to research the possibility of a special referendum, stated that ballots for such an election would read, “To permit the ‘on premise’ sale of malt beverages by Class A hotels, motels, and restaurants only; and to permit ‘off premises’ sales by other permitees… For or Against;” and “To permit the sale of mixed beverages in hotels, restaurants, private clubs, community theaters and convention centers…For or Against.” He noted that it would be up to the citizens of Taylorsville to decide if one, both, or neither of the provisions would pass.

If passed, these provisions would allow any establishment within the Town limits that meet the state-permitting requirements of the State ABC Board (having 36 seats, at least 30 percent of its sales from food, and having a full-service kitchen) to be eligible to sell malt (beer) or mixed beverages. This could include bowling-alleys, skating rinks or “bars” that meet these requirements.

If election results are certified against these provisions, the Town could not have another election on the same type of alcoholic beverages within three years of the certification of the results.
“We are surrounded on all sides by people who have these laws already on the books and who are serving,” stated Mayor Guy Barriger. “I think it would be appropriate for the Town of Taylorsville to have the opportunity to make their own choice...I think this is a big step that should have been taken a long time ago.”

Ronnie Robinette added, “If we pass this motion, we are giving the citizens of the Town of Taylorsville a choice in whether they are for this or against it. We are not making that decision ourselves; this is up to the people of Taylorsville to make themselves.”
The date of this election will be set by the Alexander County Board of Elections. Odom said state election law regarding special called referendum can be no less than 60 days from last night’s meeting to no more than 120 days past, putting the timeframe from early July to early September.

Odom noted that the Town’s current Alcoholic Beverage Ordinances, 110.07 reading “It shall be unlawful for any person to drink intoxicating liquors or to offer a drink of intoxicating liquor to another person, whether accepted or not, or to make any prominent public display of intoxicating liquors on any public street or sidewalk or in any public place in the town” and 110.06 reading “It shall be unlawful for any person to possess any alcoholic beverage with the seal broken on a public street or sidewalk or in a public place in the Town,” both approved in 1965, may actually be challengeable when dealing with the sale of and on premises consumption of fortified and unfortified wine by valid ABC permit holders who operate a private business that is open to the public.

He went on to say that the Town’s Attorney recently took a look at the local ordinances and stated that she felt that the ambiguity of the definition of “public place” and “intoxicating liquors” in the ordinances could be challenged in a court proceeding and that, in her opinion, such challenging person could prevail and be allowed to serve fortified and unfortified wines within their private business in Taylorsville based on State ABC laws. Odom added that the N.C. ABC Commission, also asked to look at the local ordinances, returned a similar response.

Other topics discussed Tuesday included:

• Board members approved a budget amendment from the Town’s General Fund Balance to Police Outlay for the purchase of twelve new weapons (.45 Caliber semi-automatic pistols with Glock), holsters, and ammunition as well as a 2005 Ford Mustang recently purchased for use at Alexander Central High School, totaling $25,844.36.

• Nancy Coley of the Western Piedmont Council of Governments presented closeout comments on the Pop Davis Water and Sewer Project stating that 21,298 linear feet of sanitary sewer lines and 2,940 linear feet of 8-inch water lines were installed during the project, benefiting 45 homes.

• David Odom presented an overview of the 2008-2009 preliminary budget which is hoped to maintain the current tax rate of 35 cents per $100.00 valuation. He noted that all costs for providing Town services have increased including fuel and daily supplies, as well as a 32 percent increase in employee insurance cost an a 17 percent increase for the removal of solid waste. Odom recommended that the Town move toward a monthly environmental waste fee of $5-$6 per month to be added to residents’ water bills in order to reduce the burden on the General Fund. He noted that The City of Hickory currently charges $9 per account and Lenior charges $7 per account. This fee would assist in keeping the town’s streets clean, drains cleared, and other customary curbside activities.

• Board members approved the purchase of a 435 Model Tymco Sweeper from Twin States Equipment to replace a 1993 Power Boss sweeper for Town use. The purchase totals $105,000 to be financed over 72 months.

The next Town Board Meeting will be held Tuesday, June 3, at 5:30 p.m. at Town Hall.