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Ordinance amends Municipal Code to replace sections on beer permits

By Bill ShortFlag City Logo

The Millington Board of Mayor and Aldermen has passed an ordinance on final reading that replaces sections of the Municipal Code regarding “special-use” beer permits.
Board members took the action during their Oct. 13 regular monthly meeting by six affirmative votes, with Alderman Thomas McGhee abstaining.
The ordinance was passed unanimously on first reading at the board’s Sept. 8 meeting.
It amends Title 8, Chapter 2, of the Municipal Code by deleting Section 8-217 and replacing it with new language.
The new section states that the holder of a “special-use” beer permit will be allowed to sell beer on a “temporary basis” in accordance with the following provisions:
(1) An application for the permit must be submitted to the Millington Beer Board at least 30 days before the event for which it is sought. But the Beer Board has the right to waive the 30-day period.
(2) A $50 fee will be due and payable when the application is submitted.
(3) Each special-use permit will be valid for a stated period not to exceed 48 hours.
(4) The permit holder will be liable for the acts of all individuals serving beer under it.
(5) No permit will be valid for the sale and consumption of beer on any premises for which a permit had been revoked within the previous 12-month period. And no permit can be used on any premises owned or leased by a “person, firm, corporation, joint stock company, syndicate or association” possessing at least 5-percent ownership interest in the establishment that had any permit revoked within the previous 12-month period.
(6) No permit will be valid on any premises located within 300 feet of a church, school or its playground, unless the “catered event” is sponsored and conducted by the church or private school for its own benefit.
(7) No applicant will be granted a permit more than four times in any 12-month period.
(8) No special-event permit holder can allow the sale of beer in any venue or location for which all ingress and egress points are not monitored so as to prevent the removal of the beer from the area in which the point of sale was made.
(9) The Beer Board can impose any additional requirements and conditions on the permit and its holder that it considers necessary for the “health, safety and security” of the city’s residents.
Under the previous Section 8-217, only “non-profit 501(c)(3) entities” were allowed to obtain “special-use” beer permits.
But during discussion at the Sept. 8 meeting, City Attorney Gerald Lawson said the “host” of the Air Show that was presented last weekend at the Millington Regional Jetport is a “for-profit entity.”
To “accommodate that situation,” Lawson said, “some changes” were made in Section 8-217, so beer could continue to be sold at the Air Show.
But he emphasized that the permit holder was still required to fulfill all the “responsibilities and conditions” set forth in the entire Beer Ordinance.
City Attorney Charles Perkins said he and Lawson believe the entire Beer Ordinance should be “overhauled.”
“But that’s something that’s going to take some time,” he concluded. “We’ve got a number of other ordinances that need to be overhauled. We’re getting into that, now that we’ve gotten through some of the other issues.”

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October 2014
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