County Attorney Stacey Sanning spoke about the anticipated alcohol ordinance with the Pendleton County Fiscal Court during the caucus meeting on Tuesday, December 1. The ordinance is the next step of Pendleton County allowing alcohol sales outside of the City of Falmouth. It came about when the voters of Pendleton County chose to make the county wet.
Sanning is currently reading through alcohol ordinances from other counties throughout the state, pulling what she likes from those. She told the court that there are certain decisions they must make regarding what should be included in the Pendleton County ordinance.
Judge Executive David Fields provided each magistrate a copy of the document she has been working on.
One of the issues was the amount of the regulatory fees. Being a caucus meeting, the members of the court could only discuss issues and not make any decisions.
She had included in the information provided them the regulatory fees at the maximum rate and told the court that once they are set, they cannot be changed for five years.
The regulatory fees are used toward the costs associated by either the judge’s office or a possible separate person to oversee the alcohol licenses and taxes.
The regulatory fees paid by the establishments will serve as a credit to the taxes they have to pay, according to Fields.
Sanning reminded the fiscal court that the ordinance has to be adopted within 60 days from November 18.
District 2 Magistrate Josh Plummer questioned Sanning. asking if the licening fees and regulatory fees are two separate things.
“The licensing fee come into the general fund. That is our money to disberse throughout the county as we wish. The regulatory fee has to be used for either policing, or towards the alcohol administrator,” he asked.
Sanning answered that there are costs to the judge’s office for administering these ordinance that the regulatory fees could be used to cover.
County Clerk Rita Spencer asked what the ordinance would say about who is collecting the ordinance fee.
Sanning answered that the ordinances she looked at that were provided by the judge did not address that.
Fields added that through KACO it could be set up how they wanted.
Fields indicated he would research the question.
The court also discussed setting their rates and how it relates to what the City of Falmouth is presently doing.
Plummer raised the question about the wedding venues being able to purchase a special temporary license for $166 per event to be able to have alcohol for sale and serve.
Mineer answered that they would but they could also be able to have an alcohol license. The could not sell hard liquor, but they could sell beer depending on how the court words it.
He later pointed out that the license goes to an address and not a person. An individual that receives an alcohol license cannot move it to another location.
The court also held a lengthy discussion about how to handle Pendleton Hills. It had already been operating through a special statute through the state, but it would change to paying the county once the ordinance passed.
Sanning asked a question about fees, and Plummer offered, “The licensing fee at the max and the regulatory fee at what Falmouth does.”
Both Fields and Mineer agreed with Plummer’s comment.
Sanning also posed the question on hours for alcohol sales to be allowed. This created a lengthy discussion concerning the differences between restaurants, retail stores and the golf course when they have golf outings starting early in the morning.
While the first thought was to have retail stores start later in the day, Mineer offered a scenario that created a pause.
“What if someone was going to the lake or to an event that was later in the day and they were getting things together at 8 a.m.? Are we going to handcuff the businesses?” he asked.
Plummer quickly answered, “No because they are just going to drive and get it someplace else.”
While the magistrates seem to go for a start for restaurants at 11 a.m., Pendleton Hills situation created some confusion.
On Saturday and Sunday, Pendleton Hills hosts golf scrambles that would start much earlier than 11 a.m.
“I don’t want to do something stupid that we compromise Pendleton Hills in having a golf scrambles with a shotgun start at 7 a.m.” said Plummer who spearheaded the petition that placed the issue on the November ballot.
Another question arose: once the county ordinance is in place, do golf courses have to abide by the state statute that allows alcohol sales or the county ordinance?
Sanning advised, “I think once this ordinance goes into effect, they have a special license for golf courses, but they are still going to be governed by the county ordinance.”
To further the start time question, Plummer wondered about a restaurant offering a mimosa to accompany breakfast.
Fields asked about what the City of Falmouth does, and Mineer felt that it was early except for Sunday.
Fields offered that they needed to do some more research on what they can carve out and what does Falmouth do on start times for alcohol sales.
Whaley asked how it would affect the Rose Hill winery. While Mineer first offered that he did not believe they wanted it, Plummer said they had been in contact with him recently and they are interested.
“They are hoping it will be a benefit to them,” he added.
In other discussion, Fields talked to the court about a resolution on the discretionary funding which amounted to $446,000 to do some blacktopping.
Mineer inquired about Milford Bridge and the state getting back with the judge.
“No but I am not working on Milford as we have to resurvey it. Blanket Creek is in the state’s hands.” Plummer asked about the status of hiring someone for the road department. Fields indicated they are doing some research on one applicant. They need one full time and one part time right now. That should get them through the winter.
Video of the entire meeting can be viewed at the Pendleton County Fiscal channel on YouTube.
Legal alcohol sales in county begin to take shape, but lots of questions remain as clock ticks on 60-day requirement
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