Branson Courier

Month: August 2004

  • Score: “Birds and Trees,” 10 – “City of Branson, DBMA, and Downtown Restaurants,” 0

    The other day as the Ole Seagull was sipping his coffee in a local restaurant, located in beautiful historic downtown Branson, he noticed one of the owners picking something up off the floor that looked like a bird feather. When asked about it, the owner said that they are constantly sweeping the restaurant and picking up feathers blowing in the door because of bird activity in the Bradford Pear tree located not ten feet from their front door. She also pointed out that when “bird droppings” from downtown trees are bad that people walk through them and then track them, not only into their restaurant but into other businesses and restaurants in the downtown area.



    As one makes their choice of where to eat, how appetizing is it to think of a feather from a “birds tail section” or bird dung dust either drifting across your table before or as you are eating? Flitting across serving and other food preparation surfaces within the restaurant? Think of how ones culinary experience would be enhanced as a bird feather gently drifts down and settles in the middle of the yolk of your sunny side up eggs.



    The Ole Seagull asked why they couldn’t do something to get the tree taken down. One of the owners said, “We have been trying but we are getting the runaround from the City and DBMA (Downtown Branson Main Street Association).” As a way of explanation she gave the Ole Seagull two letters to read. The first was dated August 11 and sent Certified Mail Return Receipt Requested to Don. D. Stephens, director of planning and development for the City of Branson.



    It very concisely and politely asked Stephens to confirm, within seven days, four specific items, “1) That your office intends to resolve the matter within a reasonable amount of time and what that timeframe is; 2) That we will be notified in a timely manner when a resolution is reached; 3) Your assurances that there are no administrative steps or procedures required by us to facilitate the removal of the tree ) i.e. appeals, variance requests, hearings, etc.); and 4) Which ordinance specifically prevents the removal of the tree.” Stephens responded on August 24.



    As the Ole Seagull read Stephen’s reply he was astounded to read “Because the landscaping in downtown Branson was an area project, your concerns should be directed to the Downtown Branson Main Street Association (DBMA)” and the verbiage “The ultimate solution to your concerns falls under the immediate discretion of DBMA.” Since when has DBMA been a part of city government? Health issues aside, why would the director of Branson planning and development and the City of Branson not take the trouble to immediately consider the concerns of one of their newest businesses, purchased in the fall of 2003, and help them resolve the issue?



    The Ole Seagull talked with Gayla Roten, the director of DBMA, who said words to the effect that “DBMA did work with the City on a downtown improvement project years ago and is seeking to work with them currently on a new ‘Cityscape Project’ to tie the downtown in with the Branson Landing but that DBMA has no direct control over the trees. They are city owned, maintained, and located on city property controlled by the city.” She also pointed out that DBMA was fined by the city once because they trimmed them.



    So now the circle is completed, the city to DBMA and DBMA back to the city with a local business, having a business and potential health problem in the middle. Do we all sit around, hold hands, and sing “kumbaya” or is someone going to step up and address the problem?



    To an Ole Seagull the answer is as simple as the city permitting those businesses desiring the removal of the trees, that the city mistakenly planted about 12 years ago, to request their immediate removal by the City. Hopefully before any potential health problem manifests itself in a downtown restaurant. It might also be appropriate to incorporate the lessons that should have been learned from the previous project into the planning for the new Cityscape Project currently under consideration. Hum, another thought just came to mind. With Stephen’s letter in hand, why not just let the wood chips fly where they may?



    Gary Groman, a.k.a. “The Ole Seagull,” is an independent columnist and the editor of the Branson Courier. He may be reached by clicking here or by calling 417-339-4000. (Sap)

  • The Platters guest judges for Doug Gabriel’s Branson Idol

    The Platters and Michelle Innskeep are the celebrity judges for the Friday, Aug. 27 performance of the hit one-hour late night contest Doug Gabriel’s Branson Idol at 11 p.m. at the Legends Family Theatre in Branson where singers from Texas, Oklahoma and Missouri will compete.

    “The World Famous Platters are the guest judges and Michelle Innskeep of Hank Williams Revisited is the rotating judge for this Friday’s contest,” said Doug Gabriel, creator, producer and director of the show. “Last week’s winner was Maci Wainwright of Oklahoma City who sang I’m Gonna Take That Mountain. This week’s contestants are Sarah Diviney of Grapevine, Texas; Jessica Whitney-Buist of Collins, Mo.; Shannon Cage of Muskogee, Okla.; Julie Rockwell of Catoosa, Okla.; and Randal Barton of Mesquite, Texas.”


    Wainwright won a prize package which included $100 cash and guest appearances around Branson. She will return to Branson Idol later in the year to compete in semi-finals along with Amanda Reddick of St. Louis, Trish Cardona of Hillsboro, Mo., Aimee Flanders of Lebanon, Mo., Gregory Manis of High Ridge, Mo., Paul Williams of Bloomsdale, Mo., Jay Stack of Sullivan, Mo., Carrie Joy Andreas of Edwardsville, Ill., Trish Muenks of Effingham, Ill., Justin Temme of Okmulgee, Okla., Cassie Hobson of Briston, Okla., Bill Baker of Tahlequah, Okla., Amy Hargrove of Tulsa, Okla., Andrew Riley of Dallas, Texas, Angie Flanagan of Rockwall, Texas, Payton Kane of Dodson, Texas, Kristin Major and Kazzie Shae Broyles from Arlington, Texas and Debra Osborn of Burleson, Texas, as semi-finalists.



    “Each week five outstanding singers perform a variety of music. They were selected from more than 500 who auditioned last winter in person or by packet. In the close, exciting competitions, judges narrow it down to two contestants and then the audience selects the winner. They are competing for an array of prizes, a personal appearance on the Doug Gabriel Show Saturdays at 9:30 a.m. and on KRZK’s Grand Country Saturday Night at 11 p.m., a chance to return for semi-finals and then an opportunity to compete in the finals for the $5,000 grand prize to be awarded on Oct. 22,” said Doug.


    The show is hosted by Doug’s wife Cheryl Gabriel and Chance Havens. The entertainer VIP balcony section of the show is sponsored this week by The Rails.


    Youth Life, a non-profit organization which offers unconditional friendship for youth, assists and part of the proceeds from each show is donated to the group. Youth Life’s unconditional friendship for youth provides positive alternatives to local youth through weekly clubs, small group Bible studies, sports, activities and trips. The Youth Life staff builds relationships with the students and earns the right to share the gospel and then introduces them to a local church of their choice for discipleship.


    Call 417-334-0335 for information, show schedules and reservations.

  • $41.1 million budget proposed for City of Branson

    The Branson Board of Aldermen gave initial approval to a $41.1 million budget for the fiscal year 2005 Monday night. The proposed budget is an increase of 3.29 percent over last year. The 2005 budget begins in October of this year. City Administrator Terry Dody said the increase in expenditures is because of additional staff added for the recreation center, a 24.5 percent increase in health insurance and a 6.1 percent increase in workers compensation, casualty and liability.



    Dody said the city began using a “program basis” budget that allows flexibility in 1997. “What a program basis does is looks at each program within the city and instead of having to make a 10 percent across-the-board cut, or something like that, you as a council and citizens of this community will be able to look at each program and what the programs cost,” Dody said. “Then you can make a good, solid financial decision on which programs to keep and which ones you can do without.”



    The city operates on a pay-as-you-go philosophy. “Since 1997, we’ve worked very hard to take existing revenue and rather that going into debt for capital expenditures we use our existing revenue to pay for those capital expenditures, so we will not acquire unnecessary debt,” Dody said.



    Highlights of the budget include:


    • The budget provides for $1 million to go toward the city’s recreation center that will open in 2005. There is a total of $4 million in the sinking fund for the recreation complex. Dody said 2005 would make the fourth year the city has put funds aside for the rec center.


    • Water and sewer infrastructure improvements will cost approximately $3.2 million.


    • The budget provides for $500,000 to be added to the sinking fund for a new police facility. If the budget is approved, the sinking fund will have $2 million.


    • A new fire truck will cost approximately $270,000.


    • The city’s trails project will get $100,000.


    • A fire and police radio systems analysis study is included in the budget. The city will hire a consultant for $50,000 to study “dead spots” that exist in emergency personnel’s radios.



    Taxes are projected to bring in $14.7 million while the tourism tax is expected to bring in $10.7 million. Licenses are projected to bring in $1.2 million next year with miscellaneous fees bringing in $7.7 million. The city projects interest from several funds will result in nearly $2 million. Requested operating budget expenditures for 2005 are $20.8 million. Operating expenditures in 2004 totaled $19.8 million.



    Tourism tax fund expenditures are projected to be nearly $10.7 million.



    Copies of the 2005 city budget will be available at Branson City Hall after it is approved.



    Courtesy of Branson Daily Independent

  • Independent my foot- it’s “my way or the highway” and it’s my Highway!


    Seagull Musings Column for August 22, 2004



    The August 18 edition of the Taney County Times reported that “Taney County Commissioners voted Monday to ask the Tourism Community Enhancement District Board of Directors to dissolve itself.” The article went on to quote Western District Commissioner, Ron Herschend as saying, “We can’t force them but we can ask them to dissolve. This hasn’t been very productive and I believe we need a different vehicle to address the issue.” The “issue,” in the Ole Seagull’s opinion, is the generation of more marketing funds to competitively market Branson.



    Unfortunately, the “vehicle,” the legislation establishing the authority for the Tourism Community Enhancement District (the District) and it’s up to one percent retail sales tax to be used for the marketing of Branson, has, from “day one,” been so flawed that it has become as much of an “issue” as the tax itself. So much so that the very Commissioner who cast one of the two votes setting up the District now asks them to dissolve themselves because he believes “we need a different vehicle to address the issue.” Why?



    An email received from, Kent Turner, the current Chairman of the allegedly independent Tourism Community Enhancement District Board of Directors (the Board) on August 19 can help illustrate “why.” It starts out by stating “I [Turner]called Chip today to see if his group is in a position to attend a commission meeting with us on Aug. 30 and give a report on their activities over the last several months.”



    Now the Ole Seagull just has to believe that the “Chip” being referred to is the same “Chip Mason,” who works with Peter F. Herschend at an office in Corporate Place just north of Branson. “Seagull, do you think that he is being paid by someone for his work?” “Sure.” “Is there just the slightest chance that Peter F. Herschend is involved with that payment?” “Surely that’s a rhetorical question, right?”



    The Ole Seagull serves as a member of the Tourism Community Enhancement District Marketing Advisory Committee and has attended the vast majority of the Boards meetings. The Boards rhetoric and posturing of independence aside, its actions, or rather, failure to act, over the last three years speak volumes about its actual independence. Why is the Chairman of the Board going to “Chip” and “his group?” Has “Chip” and “his group” made any public presentations to the Board or otherwise been authorized or empowered by the Board or its chairman? If they have, the Ole Seagull hasn’t witnessed it.



    In any event, Turner continues, “He [Chip] said they have [had] a meeting about this the previous week and he should have up-to-date info for us and the commission. I then called the commission to see if they have room for us on their agenda on Monday, August 30.” Now that boggles an Ole Seagulls mind.



    How can the Chairman of the allegedly independent Tourism Community Enhancement District Board of Directors base the scheduling of a Board meeting with the County Commissioners on whether or not “Chip” and “his group” can “give a report on their activities over the last several months?” Shouldn’t such a meeting be based on the “public record” of what the Board has, or has not, done over the last few months rather than what “Chip” and “his group” did?



    Should not such participation on the part of “Chip” and “his group,” or any other group, be based on information that they had presented to the full Board on the public record, so that the entire Board could have evaluated it and participated in the decision? Why the apparently unilateral decision on the part of the Boards chairman to contact “Chip” now?” Unfortunately, it appears to represent the type of “independence” that was built into the “vehicle” by those that participated in its dubious origin and why a “new vehicle” is needed.



    Sadly, in the opinion of an Ole Seagull, it is telling that for over two and one half years after the “Chamber Tax was defeated at the polls, the power and political clout of this community was not used to get legislation through the legislature to specifically fix the obvious defects in the “Chamber Tax” vehicle. It’s sad because it appears that the “Secret Handshake Clique,” Branafia, “Chip and his group” or whatever one chooses to call them would, ironically, be willing to “gamble” the marketing funds that Branson needs on getting “their tax their way.”



    “Seagull, are you saying that it’s either “My way or the highway?” “No, of course not, what the situation appears to represent is a situation where some one in the background is saying ‘It’s my way or the Highway, I own the Highway, and Chip and his group will take it from here!’” “But the Board is independent.” “Yeah sure, and Branson Landing is going to be a ‘world class attraction.’”



    Gary Groman, a.k.a. “The Ole Seagull,” is an independent columnist and the editor of the Branson Courier. He may be reached by clicking here or by calling 417-339-4000.





  • 17th Annual Olde Time Fiddle Festival

    $3,500 in cash prizes and trophies will be awarded to fiddlers at the 17thAnnual Olde Time Fiddle Festival on August 28th at the old Branson High School Gymnasium, Sixth and Maddux Street.



    Fiddlers will compete in four divisions: Youth, Seniors, Old Time Traditional and Texas Style.



    Playoff rounds begin at 9:30 a.m. The top five fiddlers in each division will be selected by the judges during the daytime playoffs. The final rounds begin at 6:30 p.m.



    Fiddlers are judged by standards of the Missouri Old Time Fiddlers Association. The Olde Time Fiddle Festival is heritage event celebrating the traditions of Ozarks music and fun.



    Admission for adults $5; children age 12 and under are free.


    Paid admission provides a wristband ticket for all day and evening.


    This is a no-alcohol event. Coolers will not be permitted at the event site.



    For details contact the sponsor: Downtown Branson Main Street Association, Inc. (417) 334-1548.

  • Drivers, spectators kept at idle during weekend cruises

    Two annual car cruises in Branson last weekend went off better than expected police and event organizers say. Cruisin’ Branson Lights and Shepherd’s Super Summer Cruise both held midnight cruises, on Friday and Saturday nights, with hundreds of cars. As many as 80,000 spectators were in town for the events.



    Careless driving, reckless acts and drinking marred last year’s events, but Branson police say this year seemed to run smoother. “Overall it went well, but that was a direct result of the additional resources,” Branson Assistant Police Chief Caroll McCullough said.


    Police officers from the Taney County Sheriff’s Department, Missouri State Highway Patrol and Springfield Police Department also patrolled the cruises.



    There were numerous citations issued and arrests made. McCullough said the exact number of citations and arrests would not be available until the end of the week. “There were some careless and reckless driving incidents, and I think we had less fight calls than we had last year,” McCullough noted.



    Cruisin’ Branson Lights Event Director Jerry Titus said the knowledge that the cruise’s status was in jeopardy seemed to help prevent some of the dangerous situations. “I couldn’t see Highway 76 all of the time, but I’ve got a gut feeling that it went better than last year,” he said. “I drove on Highway 76 Sunday, and I can usually gage the recklessness by the black marks on the road. I didn’t see near as many as I saw the year before.”



    Titus said Cruisin’ Branson Lights will be held Aug. 25-28 next year to avoid conflict with the state fair, allowing for more law enforcement authorities to be involved.


    “I think the police presence curtailed a lot of the (dangerous) actions,” he said. “I saw a lot of happy people wrapped up in blankets along Highway 76 watching the cars and having a good time.”



    Courtesy of Branson Daily Independent

  • Fishing Report- Lake Taneycomo August 15, 2004

    Editors General Comments: Very little affects the fishing on LakeTaneycomo like the generation of power at the Table Rock Dam. Call 417-336-5083 for up to the moment information on generation and lake levels or click here. August 15- At 0725- 1 generator(s) on, Table Rock is at 916.0 and Taneycomo at 704.3.


    Trophy Trout Area: Special Regulations apply to the Trophy Trout Area running from Table Rock Dam to the mouth of Fall Creek. Click here for an overview of these regulations.


    Fly Fishing Only by River Run Outfitters (Dam to Fall Creek)- Aug 18-Saturday and Sunday were dry fly days as soon as the water dropped to tailwater normal. Hitting the banks with hopper patterns, Humpies and caddis. Saturday did best on a yellow bodied hopper cast right up near the bank just above fish rising. Didn’t catch anything under 16 inches and several in the 18-20 inch range. Sunday the color was red. Did well on red Humpies or a hopper with a red body. Also did well both Saturday and Sunday with the green holographic crackle back. Fish were taking it both on the drift as well as the strip. Monday, a black body caddis, size 16 was the ticket. Did catch a few on a yellow Humpy but they seemed to take the smaller caddis best. Yesterday morning was tough. Had two boats out and they fished everything. Finally started catching fish late morning on the size 18 black zebra. Other good fly yesterday with the high water was the tan flashback scud.


    Fly Fishing and Spin Fishing By Chartered Waters Guide Service and Fly Shop – Scott Daldrup joined me again for a gorgeous half day boating trip today. High in the low 70’s made it seem like a cool October day and that morning boat ride was down right chilly. He had another good one catching water conditions very similar to yesterdays trip. Scott is a fly rod guy through and through and he too was constantly hooked up today. It’s interesting to see ones progression as a fisherman and a student if you will. I showed Scott my flatlining technique last time he was here and he immediately took up where he left off last time, shooting out that deep heavy rig with ease. I was also very impressed with his decidedly improved reaction time on hooksets. I would say Scott was better than 50% on his hookup ratio, which is much better than average. While we didn’t catch any real big ones he managed a couple of 17 – 18 inch rainbows amongst his masses. We took some time to fish “small” today to some holding big fish in a little seam. We drifted little Bit Scuds and G-Bugs through that seam hooking two really nice fish before pulling one out and breaking one off. We caught a few there before we wore them out then decided to drift the bigger scuds deeper. There are a LOT of smaller fish out there right now and while we’re catching a ton of fish it’s hard getting through to the big boys sometimes. I know there has been a lot of stocking lately and these little guys are making their way up to the trophy area. There are quite a few bigger stockers up there too like 16 – 17″ fish as well. You can see the gradual transition from the cloudy gray, rounded fins look to the healthy, dark and rich colored river fish they become eating that staple of scuds and midges. Tomorrow Scott and I are going to try wading in the morning. We’re keeping our fingers crossed hoping for no water. With this extremely cool weather were having and Table Rock nearing the magic 915 foot level you would think they wouldn’t be generating but they have been so goofy lately I really have no idea. If we get washed out we’ll hit the boat and have a goo day doing that. Scott wants to learn the secret of a couple of my flies so we’re going to do a little tying after the trip. A busy day ahead as I’m doing a seminar in the afternoon and starting a bowling league with my wife Shelley in the evening. Nothing like kicking the day off right though with a little fishing.


    Gary‘s Current Report: August 15- Went out at 0616 back by 0715. Fished spin float system with 128th Peach Jig with indicator set at 5′ and one BB split shot about 6-12″ above the jig to get it down and keep it down. One generator on and lake level at 704.3 Fished from Lookout Hole down in the middle. Caught 10 fish in less than an hour and missed as many more. Plenty of action and fun.


    Guide Bob Klein: Bob Klein, the not pretty half of the former owners of Main Street Marina, Bob and Jackie Klein, is still guiding as “Bob’s Guide Service.” As of August 8, 2004 Bob reported that water flow has been consistent and that the best fishing from Branson to Rockaway Beach has been using orange and yellow power eggs drifted off the bottom. Small browns being caught below Fall Creek on nightcrawlers. As always the following standard default techniques are producing fish.


    Water Off Conditions (not generating power from Table Rock Dam) – Air injected night crawlers or Orange and Chartreuse Power Eggs, with the Chartreuse on shank of hook and the Orange on tip. Fish them off the bottom with no heavier than 4 pound leader, size 8 or smaller hooks, and just enough split shot to cast. Place the shot so that the bait floats 12-18 inches off the bottom. Spin-A-Lures and Little Cleos have been working well.


    Water On Conditions – Orange and Chartreuse Power eggs with the Chartreuse on shank of hook and the Orange on tip, white Power Eggs, or inflated night crawlers bounced off the bottom using the standard “Lake Taneycomo Drift Rig.” which is readily available at all Marinas and most resorts on the Lake.


    Get Your Lake Taneycomo Questions Answered:Bob, Gary, Brett, and Stan will be monitoring the Outdoor Activities Forum on the Branson.Com Message Board . If you have any fishing questions on LakeTaneycomo just ask.Use the word “Taneycomo” in the Search Function and enter it in all your posts so they’ll show up.

  • The Chamber Tax Law


    The Chamber Tax Law



    What is presented below is an unofficial copy of the “Chamber Tax” as contained in Chapter 67 of the Missouri Revised Statutes (RSMo) and current as of August 2003.It was prepared and formatted by Gary J. Groman, aka The Ole Seagull, as the research document he will be using for Columns relating to this issue. Bold type, if any, has been added to assist him in his research and emphasis in particular areas he is interested in. (Bold in parenthesis),if any, are his annotations, The official unedited version may be found at http://www.moga.state.mo.us/STATUTES/C067.HTM. It starts at Section 67.1950 and endsat Section 67.1959.



    67.1950.Definitions



    As used in sections 67.1950 to 67.1977, the following terms shall mean:



    (1)”Board of directors” or “board”, tourism community enhancement district board of directors established pursuant to section 67.1956;


    (2)”Convention and visitors bureau”, a not-for-profit corporation established and operated for the sole purpose of promoting convention and other tourism activities in the county, city, town or village;


    (3)”Destination marketing organization”, a not-for-profit corporation established for the purpose of tourism marketing and designated by the division of tourism as such;


    (4)”District”, a tourism community enhancement district;


    (5)”Funeral services”, all labor and services used in preparation for, in the course of or completion of a funeral, including the sale of caskets and vaults.



    67.1953.Tourism community enhancement district authorized for certain counties–boundaries–procedure.



    1.The governing body of any county containing any part of a Corps of Engineers lake with a shoreline of at least seven hundred miles and not exceeding a shoreline of nine hundred miles or any city, town or village located in a county containing any part of a Corps of Engineers lake with a shoreline of at least seven hundred miles and not exceeding a shoreline of nine hundred miles, may create a tourism community enhancement district in the manner provided in this section and, upon establishment, each such district shall be a body corporate and politic of the state. If such district is established, it shall consist of the boundaries delineated in the petition filed with the governing body of a county, city, town or village pursuant to this section, and such boundaries may extend beyond the boundaries of the county, city, town or village creating such district, but shall not overlap with the boundaries of any previously incorporated tourism community enhancement district.



    2.The governing body of a county, city, town or village may create a district when a proper petition has been signed by at least two percent of the registered voters of a county, city, town or village within such proposed district. The petition, in order to become effective, shall be filed with the clerk of the county, city, town or village that includes a majority of the area within the proposed district. A proper petition for the creation of a district shall set forth the boundaries of the proposed district and the maximum proposed sales tax rate up to one percent.



    3.The boundaries of the proposed district shall be described by metes and bounds, streets or other sufficiently specific description.



    4.The plans and specifications for the district shall be filed with the clerk, as applicable, and shall be open for public inspection. Such clerk shall thereupon, at the direction of the governing body, publish notice that the governing body will conduct a hearing to consider the proposed district. Such notice shall be published in a newspaper of general circulation at least twice not more than thirty days and not less than seven days before the hearing and shall state the name for the district, the date, time and place of such hearing, the boundaries of the district, and that written or oral objections will be considered at the hearing.




    5.If the governing body, following the hearing, decides to establish the proposed district, it shall adopt an order or ordinance to that effect. The order or ordinance shall contain the following:


    (1)The name of the district;


    (2)A statement that a tourism community enhancement district has been established; and


    (3)The creation of a board of directors and enumeration of its duties and responsibilities, as provided by section 67.1956.



    67.1956. Board of directors, members, terms, duties.



    1.In each tourism community enhancement district established pursuant to section 67.1953, there shall be a board of directors, to initially consist of not less than five members.One member shall be selected by the governing body of the city, town or village, with the largest population, at the inception of the district, within the district. (Branson)One member shall be selected by the governing body of the city, town or village, with the second largest population, at the inception of the district, within the district, if such a city, town or village exists in the district. (Village of Indian Point) If no such city, town or village exists in the district then one member shall be selected by the board of directors of the district from the unincorporated area of such district. Two members shall be selected by the largest convention and visitor’s bureau or similar organization, at the inception of the district, within the district. (Branson Lakes Area Chamber of Commerce & CVB)One member shall be selected by the destination marketing organization (DMO) of the second largest county, city, town or village, at the inception of the district, within the district. (Indian Point Chamber of Commerce)(City of Branson gets the same number of votes at Village of Indian Point, that’s nuts! Three out of five members of Board appointed by non elected entities who appear to be in a conflict of interest situation and will directly receive tax proceeds if approved. No consideration for county to appoint a representative, boy did they get a surprise when the City of Branson withdrew. The term “governing body” is only used in connection with the terms city, town or village.)



    Of the members first selected, the two members from the city, town or village shall be selected for a term of three years, the two members from the convention and visitor’s bureau shall be selected for a term of two years, and the member from the destination marketing organization of the second largest city shall be selected for a term of one year. Thereafter, each member selected shall serve a three-year term. Every member shall be a resident of the district. All members shall serve without compensation. Any vacancy within the board shall be filled in the same manner as the person who vacated the position was selected, with the new person serving the remainder of the term of the person who vacated the position. The board shall elect its own treasurer, secretary and such other officers as it deems necessary and expedient, and it may make such rules, regulations, and bylaws to carry out its duties pursuant to sections 67.1950 to 67.1977.



    2. Any time a district is expanded by either an unincorporated or incorporated area, the board shall be expanded by two members. One member shall be appointed by the governing body of the incorporated area added to the district or by the board of directors of the district for the unincorporated area added to the district and one member shall be appointed by the governing body of the city, town or village with the largest population at the inception of the district for the first expansion and every odd numbered expansion thereafter, or by the convention and visitor’s bureau or similar entity of the largest city, town or village, at the inception of the district, for the second expansion and every even numbered expansion thereafter.



    3.The board, on behalf of the district, may:



    (1)Cooperate with public agencies and with any industry or business located within the district in the implementation of any project;



    (2)Enter into any agreement with any public agency, person, firm, or corporation to implement any of the provisions of sections 67.1950 to 67.1977;



    (3)Contract and be contracted with, and sue and be sued; and



    (4)Accept gifts, grants, loans, or contributions from the United States of America, the state, any political subdivision, foundation, other public or private agency, individual, partnership or corporation on behalf of the tourism enhancement district community.



    67.1958.Modification of requirements by vote of the district.


    A tourism community enhancement district may modify the requirements of sections 67.1956 and 67.1968 by an affirmative vote of the qualified voters of such district provided any such modifications are placed upon and approved by the qualified voters on the same ballot as the sales tax provided in section 67.1959. (This section was added in 2001 after the tax failed in an attempt to give some flexibility to change the most onerous provisions of law. Cumbersome and unlikely to withstand legal challenge?)



    67.1959.Sales tax imposed, when–submitted to voters, ballot language.



    1.The board, by a majority vote, may submit to the residents of such district a tax of not more than one percent on all retail sales, except sales of new or used motor vehicles, trailers, boats, or other outboard motor and sales of funeral services, made within the district which are subject to taxation pursuant to the provisions of sections 144.010 to 144.525, RSMo. (Is food excepted?)Upon the written request of the board to the election authority of the county in which a majority of the area of the district is situated, such election authority shall submit a proposition to the residents of such district at a municipal or statewide primary or general election, or at a special election called for that purpose. Such election authority shall give legal notice as provided in chapter 115, RSMo.



    2.Such proposition shall be submitted to the voters of the district in substantially the following form at such election:



    Shall the Tourism Community Enhancement District impose a sales tax of …………. (insert amount) for the purpose of promoting tourism and community enhancements in the (name of county, city, town or village that includes a majority of the area within the proposed district) ………………. Tourism Community Enhancement District?


    o Yes o No



    If you are in favor of the question, place an “X” in the box opposite “Yes”. If you are opposed to the question, place an “X” in the box opposite “No”.



    If a majority of the votes cast on the proposal by the qualified voters of the proposed district voting thereon are in favor of the proposal, then the order shall become effective on the first day of the second calendar quarter after the director of revenue receives notice of adoption of the tax. If the proposal receives less than the required majority, then the board shall have no power to impose the sales tax authorized pursuant to this section unless and until the board shall again have submitted another proposal to authorize the board to impose the sales tax authorized by this section and such proposal is approved by the required majority of the qualified voters of the district.



    67.1962. Special trust fund created.



    1.All revenue received by a district from the tax authorized pursuant to the provisions of section 67.1959 shall be deposited in a special trust fund, and be used solely for the purposes specified in the proposal submitted pursuant to subsection 1 of section 67.1959 for so long as the tax shall remain in effect.



    2.All sales taxes collected by the director of revenue pursuant to section 67.1959 less one percent for cost of collection which shall be deposited in the state’s general revenue fund after payment of premiums for surety bonds as provided in section 32.087, RSMo, shall be deposited in a special trust fund, which is hereby created, to be known as the “Tourism Community Enhancement District Sales Tax Trust Fund”. The moneys in the tourism community enhancement district sales tax trust fund shall not be deemed to be state funds and shall not be commingled with any funds of the state. The director of revenue shall keep accurate records of the amount of money in the trust and which was collected in each district imposing a sales tax pursuant to this section, and the records shall be open to inspection by officers of the county, city, town or village and the public. Not later than the tenth day of each month the director of revenue shall distribute all moneys deposited in the trust fund during the preceding month to the board which levied the tax; such funds shall be deposited with the board treasurer of each such district.



    3.The director of revenue may authorize the state treasurer to make refunds from the amounts in the trust fund and credit any district for erroneous payments and overpayments made, and may redeem dishonored checks and drafts deposited to the credit of such district. If any district abolishes the tax, the district shall notify the director of revenue of the action at least ninety days prior to the effective date of the repeal and the director of revenue may order retention in the trust fund, for a period of one year, of two percent of the amount collected after receipt of such notice to cover possible refunds or overpayment of the tax and to redeem dishonored checks and drafts deposited to the credit of such accounts. After one year has elapsed after the effective date of abolition of the tax in such district, the director of revenue shall remit the balance in the account to the district and close the account of that district. The director of revenue shall notify each district of each instance of any amount refunded or any check redeemed from receipts due the district.



    4.Except as modified in this section, all provisions of sections 32.085 and 32.087, RSMo, shall apply to the tax imposed pursuant to section 67.1959.



    67.1965.County collector to collect tax at discretion of the board–rules.



    Notwithstanding the provisions of section 67.1962, if the board chooses, on and after the effective date of any tax authorized pursuant to section 67.1959, the board may enter into an agreement with either the county collector of the county where the majority of the area of the district is situated for the purpose of collecting the tax or the city collector of the largest city existing at the inception of the district. The tax to be collected by the county or city collector shall be remitted to the board of the district not later than thirty days following the end of any calendar quarter. The governing body of the county or city shall adopt rules and regulations for the collection and administration of the tax. The county or city collector shall retain on behalf of the county or city one percent for cost of collection.



    67.1968.Expenditure of sales tax revenue, conditions.



    Expenditures may be made from the tourism community enhancement district sales tax trust fund or moneys collected pursuant to section 67.1965 for any purposes authorized pursuant to subsection 1 of section 67.1959, provided as follows:



    (1)Ten percent of the revenues shall be used for education purposes. The board shall transmit those revenues to the school district or districts within the district, on a basis of revenue collected within each school district.These revenues shall not be used in any manner with respect to the calculation of the state school aid pursuant to chapter 163, RSMo; (Carrot)



    (2)Ten percent of the revenues collected from the tax authorized by this section shall be used by the board for senior citizen or youth or community enhancement purposes within the district. The board shall distribute these revenues to the cities, towns and villages based upon the amount of sales tax collected within each city, town or village and the portion of the revenues not attributable to any city, town or village shall be distributed at the discretion of the board; (Carrot)



    (3)Seventy-five percent of the revenues shall be used by the board for marketing, advertising and promotion of tourism. The district shall enter into an agreement with a not-for-profit organization providing local support services, including but not limited to visitor’s centers, to conduct and administer public relations, sales and marketing of tourism on behalf of the district to enhance the economic health of the district. Such marketing, advertising and promotional activities shall be developed into a comprehensive marketing plan, for the benefit of the district; (As of November 2000 only one organization could qualify, the Branson Lakes Area Chamber of Commerce and CVB.) (What does not for profit status have to do with ability to market? Why just one agreement, why can’t the Board have multiple agreements to accomplish their 0bjectives? Because those that drafted the law didn’t want it that way. No accountability to an elected entity.)



    (4)Two percent of the revenues shall be distributed among each destination marketing organization (DMO) located within each school district or districts within the district based upon the amount of sales tax collected within each school district; (Carrot. What school district is Indian Point in? Show Boat Branson Belle? Could this two percent go to a DMO other than the Indian Point Chamber of Commerce located within the schools district?)



    (5)Two percent of the revenues shall be transmitted to the not-for-profit organization conducting and administering the marketing plan within the district for purposes of administering the marketing plan. (Not only does the not for profit get the 75% but then get two percent for administering the plan.)



    (The law makes no provision for the funding of the Boards activities.It is obvious that the Board is intended to be a relatively powerless impotent entity at the mercy of those who drafted the law for their purposes.This not only creates an illogical impractical situation in terms of the Boards ability to function but creates the appearance of a conflict of interest. The Boards history, from day one to present, is a solemn testimony of its impotency and lack of independence.)



    67.1971.Reduction of liability for entities remitting the sales tax.



    All entities remitting the sales tax authorized pursuant to section 67.1959 shall have their liability reduced by an amount equal to twenty-five percent of any taxes collected and remitted pursuant to sections 94.802 to 94.805, RSMo. (Theatres, attractions, and restaurants collecting the current Branson Tourism tax get a 25 % credit on this tax if passed. Why? Do not most detinations have a tourism tax on rooms etc that is more than two percent? Why not just reduce the rate of the tax across the board? Answer obvious those that drafted it did not want it that way. How will this provision work.Do they not collect the 25% or do they collect it and keep it?)



    67.1974.Expansion of district boundaries, procedure.



    The boundaries of the district may be expanded by the addition of either an adjacent unincorporated or incorporated area. Upon presentation of a petition to the board signed by two percent of registered voters residing in either the unincorporated or incorporated area adjacent to the district. If the board determines that expansion is in the best interest of the current district, then the board shall give written notice to the election authority in the county in which the unincorporated or incorporated area is located to call an election. The election authority shall submit a proposition to the residents of the unincorporated or incorporated area at a municipal or state primary or general election, or at a special election called for that purpose. Such election authority shall give notice as provided in chapter 115, RSMo. The proposition shall be submitted to voters in the unincorporated or incorporated area in substantially the following manner:



    Shall the (unincorporated or incorporated area) of ………………….. (county, city, town or village) be included in the …………… (name of district) Tourism Community Enhancement District and any sales tax imposed by the …………… (name of district) Tourism Community Enhancement District also be imposed in the ……………… (unincorporated or incorporated area) of …………………… (county, city, town or village)?


    Yes o No



    If you are in favor of the question, place an “X” in the box opposite “Yes”. If you are opposed to the question, place an “X” in the box opposite “No”.



    If a majority of the votes cast on the proposal by the qualified voters of the unincorporated or incorporated area voting thereon are in favor of the proposal, then the order shall become effective on the first day of the second calendar quarter after the director of revenue receives notice of adoption of the tax. If the proposal receives less than the required majority, then the board shall have no power to impose the sales tax authorized pursuant to this section unless and until the board shall again have submitted another proposal to authorize the expansion of the current district and such proposal is approved by the required majority of the qualified voters of the unincorporated or incorporated area voting on such proposal.



    67.1977.Dissolution and repeal of the tax, procedure.



    1.The board, when presented with a petition signed by at least one-third of the registered voters in the district that voted in the last gubernatorial election, calling for an election to dissolve and repeal the tax shall submit the question to the voters using the same procedure by which the imposition of the tax was voted. The ballot of submission shall be in substantially the following form:



    Shall ……………….. (name of district) dissolve and repeal the …………….. (insert amount) percent tourism community enhancement district sales tax now in effect in the …………….. (name of district)?



    Yes No



    If you are in favor of the question, place an “X” in the box opposite “Yes”. If you are opposed to the question, place an “X” in the box opposite “No”.



    (Take 33% but it has to be to dissolve the district and repeal the tax. How do you dissolve the district if no tax has been passed?)



    If a majority of the votes cast on the proposal by the qualified voters of the district voting thereon are in favor of repeal, that repeal shall become effective December thirty-first of the calendar year in which such repeal was approved or after the repayment of the district’s indebtedness incurred pursuant to sections 67.1950 to 67.1962, whichever occurs later.



    2.No dissolution of such tourism community enhancement district shall invalidate or affect any right accruing to such tourism community enhancement district or to any person or invalidate or affect any contract entered into or imposed on such tourism community enhancement district.



    3.Whenever the board of directors dissolves any such tourism community enhancement district, the governing body of the city with the largest population at inception of the district, shall appoint a person to act as trustee for the district so dissolved, and such trustee, before entering upon the discharge of his duties, shall take and subscribe an oath that he will faithfully discharge the duties of his office, and shall give bond with sufficient security to be approved by the governing body of the city, to the use of such dissolved tourism community enhancement district, conditioned for the faithful discharge of this duty. The trustee may prosecute and defend to final judgment all suits instituted by or against the district, collect all moneys due the district, liquidate all lawful demands against the district, and for that purpose shall sell any property belonging to such district, or so much thereof as may be necessary, and generally to do all acts requisite to bring to a speedy close all the affairs of the district.



    4.When the trustee has closed the affairs of the tourism community enhancement district, and has paid all debts due by such district, he shall pay over to the treasurer of the school district, or school districts within the district, all money remaining in his hands, based upon the amount of sales taxes collected in each school district in the prior calendar year, and take receipts therefor, and deliver to the governing body of the city with the largest population at inception of the district, all books, papers, records and deeds belonging to the dissolved district. These revenues shall not be used in any manner with respect to the calculation of the state school aid pursuant to chapter 163, RSMo.



    67.1978.Annual audit required.



    The board of directors shall have an annual audit performed by a certified professional accountant or accounting firm.The board of directors shall provide a copy of the annual audit to the governing bodies within the district. (When was the audit conducted and by who?)



    67.1979.Removal of board members.


    Members of the board of directors may be removed by two-thirds vote of the appointing governing body. (The term “governing body” is only used in connection with the terms city, town or village.. Is there no way to get the members appointed by the CVB or DMOs off? Can the county Commissioners remove them by a 2/3 rds vote?)


  • Parents worried about students’ safety on Buchanan Road

    An influx of drivers heading to one destination — Branson High School — is leading to car wrecks at several intersections and on Buchanan Road.



    There have been at least three wrecks involving teen-agers going to the high school in the last few weeks. The latest wreck occurred Tuesday, Sept 7 on Buchanan Road when a student’s vehicle overturned several times down an embankment. Buchanan Road, coming off of Highway 248, is narrow with sharp curves and steep embankments.



    Parents say something needs to be done to make the road safer, such as installing a guardrail. Devon Ellis, whose children were recently involved in a wreck on Buchanan Road, wrote a letter to the Branson school board expressing her concerns about the road and the safety of the school district’s students. “You get inexperienced drivers on that kind of road and it’s not a good combination,” she said. “It’s (a guardrail) not much, but it might save a life.”



    The road is owned and maintained by Taney County. Ellis said she contacted county officials and was told it would be a Branson school board issue. School board members have said they are also concerned about the safety of their students traveling to and from school.



    Crashes have also happened at Highways F and 465 where they meet with the southwest outer road leading to the school. Other parents have suggested a traffic signal be placed there. There were also accidents at the same locations last year.



    The high school has an enrollment of more than 1,000 students. “The school is growing and traffic is only going to get worse,” Ellis said.



    The Buchanan Road issue is expected to be addressed at the next Branson Board of Education meeting Thursday, Sept. 9 at 6:30 p.m. at the Branson Junior High School. Branson school officials could not be reached by press time Tuesday.



    Courtesy of Branson Daily Independent

  • Back to normal generation? Fishing is excellent

    Editors General Comments: Seemingly all summer long there has been one or more generators going at 0600 instead of the normal 0830-1100 time range as is normal for this time of year. For the last four days there has been no generator going at 0600. May we hope that they are going back to the normal summer cucle. Very little affects the fishing on LakeTaneycomo like the generation of power at the Table Rock Dam. Call 417-336-5083 for up to the moment information on generation and lake levels or click here. August 29- At 00600- 0 generator(s) on, Table Rock is at 914.8 and Taneycomo at 701.6. At 1645 1 genertor(s) on, Table Rock 914.8 and Taneycomo at 704.8.


    Trophy Trout Area: Special Regulations apply to the Trophy Trout Area running from Table Rock Dam to the mouth of Fall Creek. Click here for an overview of these regulations.


    Fly Fishing Only by River Run Outfitters (Dam to Fall Creek)- August 25 – Saturday while the water was off, we hit the banks most successfully with size 16 caddis and parachute Adams. The other hot fly was the green holographic crackle back. Fish were taking it both on the drift as well as the strip. Sunday, they ran two generators most of the day. Fished in the late afternoon and caught fish on the dark olive soft hackle, green holographic crackle back and the red midge. Monday the water level was too high to wade so we went to the gravel bar at the City Campground just downstream from the old Taneycomo bridge. Four of us fished the downstream bar and caught several fish on the same flies we fished Sunday. Nothing big, probably best fish was 16 inches but we had a good time. When the water is down or even with the generation, folks are catching fish in the hatchery area and the “chutes”. Tan or gray scuds, San Juan worms, and sculpin patterns are what most people are fishing.


    Fly Fishing and Spin Fishing By Chartered Waters Guide Service and Fly Shop – August 25th – My neighbor Bill and his friend John from St. Louis gave Chartered Waters a try today for a half day fly fishing trip. Water was running all day yesterday then dropped down to 2 units before I went to bed at 11:00. Checking the generation chart at 6:00 am I saw they had it down to one unit around 2:00 am and that’s what we found at 7:00am when we started. I figured that would be a tough bite and also thought it would be an olive day. I started with a two fly rig using a peach or pink #16 Soft Shelled Scud on top dropping an olive #16 (same pattern) below that. These guys were “ex” fly fishermen. They used to do it for bass and bluegill but never for trout, and their biggest hurdle was not setting the hook too hard. They both broke off several early, but soon got that quick wrist flip down to where they were hooking up often. Olive probably caught half the fish with peach and pink taking the other half. Good action. … fishing again at 1:00pm so we were ready and back at em ..3 units had just come on which made for great fishing for Bill and John. I set the rods up for some deep drifting using big pink, coral and peach Soft Shelled Scuds and like clockwork..the bite was strong. Bill caught a nice 18″ rainbow and both caught several in the 15 – 17″ class.


    Gary‘s Current Report: August 29- Went out at 0645 back by 0830. Fished spin float system with 128th Peach Jig with indicator set at 4′ under water off conditions just around the bend up stream fro Fall Creek Dock. Caught 15 fish between 0730 and 0815 and missed about 8. The Peach Jig has a size 12 hook. These jigs can only be found at at River Run Outfitters because they are tied using a custom blended dubbing that Shannon hand mixes in a blender in his basement at home. The result is a jig that becomes trnslucent in character as it is used. When combined with the hook that he uses it has replaced the Bass Napper Oliver Gren 100th as my starting jig each day. Earlier in the day, I tried something new, between 0700 and about 0730, the size 20 Olive G Bug tied by Brett of Chartered Water Guide and caught four fish and missed about 10. Surely it must be the smaller hook not that the fisherman is slowing down. I was fishing it at various depths between 18″ and 4′ off and around the gravel bar at the bend just upstream from Fall Creek Dock. No big ones but lots of fun and broke a good one off.


    Guide Bob Klein: Bob Klein, the not pretty half of the former owners of Main Street Marina, Bob and Jackie Klein, is still guiding as “Bob’s Guide Service.” As of August 29, 2004 Bob reported that Fishing good from Cooper Creek to Rockaway Beach using pink and white power eggs and night crawlers. As always the following standard default techniques are producing fish.


    Water Off Conditions (not generating power from Table Rock Dam) – Air injected night crawlers or Orange and Chartreuse Power Eggs, with the Chartreuse on shank of hook and the Orange on tip. Fish them off the bottom with no heavier than 4 pound leader, size 8 or smaller hooks, and just enough split shot to cast. Place the shot so that the bait floats 12-18 inches off the bottom. Spin-A-Lures and Little Cleos have been working well.


    Water On Conditions – Orange and Chartreuse Power eggs with the Chartreuse on shank of hook and the Orange on tip, white Power Eggs, or inflated night crawlers bounced off the bottom using the standard “Lake Taneycomo Drift Rig.” which is readily available at all Marinas and most resorts on the Lake.


    Get Your Lake Taneycomo Questions Answered:Bob, Gary, Brett, and Stan will be monitoring the Outdoor Activities Forum on the Branson.Com Message Board . If you have any fishing questions on LakeTaneycomo just ask.Use the word “Taneycomo” in the Search Function and enter it in all your posts so they’ll show up.

  • “Family friendly” Branson has no say on the serving of alcohol in its theaters and attractions?


    Seagull Musings Column for August 15, 2004



    Can anyone reasonably deny that, from a “family “friendly” perspective,” alcohol, exponentially, causes more problems within families and kills more people than casino entertainment? Yet, “family friendly” Branson, although it railed against the alleged problems that casino entertainment in Rockaway Beach would cause families, has virtually ignored the expansion of the serving of intoxicating liquors into its traditional family friendly and alcohol free theatres and attractions.



    The Ole Seagull has received email and other communications saying that the regulation of alcohol by the city of Branson is a moot point because only the state can regulate the sale of alcohol. Abraham Lincoln was once said to have been asked the question, “How many legs does a dog have if you call the tail a leg?”He answered, “Four. Calling a tail a leg doesn’t make it a leg.”



    Can the city of Branson “make and enforce ordinances for the regulation and control of the sale of all intoxicating liquors within its limits” if the City Attorney says that “alcohol is regulated exclusively by the state?” The answer is “Yes.” The City Attorney saying that “alcohol is regulated exclusively by the state” doesn’t make it the law.



    The issue isn’t whether or not there should be expanded regulation. That is something between the community and those elected to represent it. Rather, it is an issue of whether or not the community even gets to discuss such expansion in a meaningful way with their elected representatives. How can that happen if both the people and their elected representatives are operating under an erroneous assumption?



    As an example, at the August 25, 2003, “Regular Meeting” of the Branson Board of Aldermen, there was a discussion of a pending “resolution” on family values. A citizen inquired as to how the City could issue a resolution against gambling, controlled by the State, but not against the serving of alcohol in theaters. City Attorney Dan Wichmer said words to the effect of, “Since it’s not taking place in Branson [the gambling] the Board of Aldermen stated its opposition. On this resolution, because alcohol is regulated exclusively by the state there is nothing you could do about that topic in the resolution.”



    A “resolution” is not an “ordinance” and could be used by the Branson Board of Aldermen to express their concerns about the expansion of the serving of intoxicating liquors into Branson’s traditionally family friendly alcohol free theatres and attractions even if intoxicating liquors were regulated exclusively by the state. That aside however, Section 311.220 of Missouri’s Liquor Control Law specifically authorizes cities to “make and enforce ordinances for the regulation and control of the sale of all intoxicating liquors within their limits.”



    The very first time the Ole Seagull called the state Liquor Control Board, the person he talked with, Steve Shimmers, referred him to a 2001, Missouri Supreme Court case, “State of Missouri, Respondent v. Entertainment Ventures I, Inc.” In this case the Missouri’s Supreme Court specifically stated, “The state’s authority to issue a resort license does not deprive an incorporated city of the authority to license the sale of liquor.” The opinion went on to say, “Put simply, the two sections are not contrary to or inconsistent with each other. Indeed, the two sections are entirely compatible and are part of a complementary system of state and local regulation of businesses that sell intoxicating liquor.”



    Whether or not Branson chooses to exercise the authority given to it by statute and acknowledged by Missouri’s Supreme Court is one thing but having that authority is a matter of law. That said, an Ole Seagull questions whether one hundredth of the effort will be put into stopping the expansion of the serving of intoxicating liquors into Branson’s traditionally family friendly alcohol free theatres and attractions over the next few months as was put into keeping casino entertainment out of Rockaway Beach? The effort that will soon be made to foist a one percent retail sales tax, that some call the “chamber tax,” on the majority of the taxpayers of Branson and Taney County to be used to market Branson? Sadly, if history is any guide, probably not.



    For those interested the Ole Seagull has posted the applicable Liquor Control Laws and Supreme Court decision cited above on the Branson Courier web site at www.bransoncourier.com. Just click on “Research” from the menu choices on the left then on “Missouri Law & Supreme Court Case- ability of cities to regulate the sale of alcohol.”



    Gary Groman, a.k.a. “The Ole Seagull,” is an independent columnist and the editor of the Branson Courier. He may be reached by clicking here or by calling 417-339-4000.


  • Festival of American Music and Craftsmanship at Silver Dollar City 2004

    Silver Dollar City’s Festival of American Music and Craftsmanship will be held at the theme park from September 9 through October 30, 2004. From the sound of the blacksmith’s hammer to the beat of a bluegrass banjo, the Festival offers an opportunity to feel, taste, and touch the very best of American tradition.

    In addition to Silver Dollar City’s normal complement of craftsmen, over 100 visiting craftsmen and juried artists will be showcased throughout the festival, demonstrating pewter smithing, pottery, weaving, watercolor and bentwood furniture making. New craftsmen for 2004 include a stone mason trained in Italy, a Native American flute maker, a hat felter, and a antique quilt, jacket maker to mention a few.

    The festival will feature the artistry of at least 300 visiting musicians performing on 12 stages throughout the park. A brand new fall show, “Can’t Stop Dancing” will be held in the Opera House 5 days per week, September 9 – October 10. It features nearly twenty dancers perform traditional American dances, Latin dances, elegant ballroom styles, and good old Rock’n’ Roll.

    On the 200th anniversary of their historic expedition, the adventures of Lewis and Clark will play a prominent part in a portion of this year’s festival. Bass Pro Outdoor World presents “Lewis and Clark’s Musical Journey,” a new musical and visual presentation showcasing the route, experiences and extraordinary discoveries made by the famous explorers. In the Carousel Barn, you’ll see authentic dioramas, taxidermy and primitive campsites, a large scale interactive map with storytellers, and enjoy music performed by the “Discovery String Band” depicting the travels of “Lewis and Clark”. Also included are demonstrations of making a dug-out canoe and an extensive “Lewis and Clark” photo gallery.

    Among other events on the Square and new in 2004 will be “Sheep to Shawl” demonstrations, natural dying, homemade gardening tools, goat milking and sheep shearing. Also see an antique mini-tractor parade, with 6 tractors, twice a day and “Ducks on Parade”, as trained ducks take a stroll around the park on cue! 2004 will be the last year for the “Mule Jump” with its exciting finale!

  • Serviceman misses his “Ozarks family”

    My name is IT2 John Baxter currently stationed aboard the USS John C Stennis embarked on deployment overseas. I was looking through The Courier and noticed the article about the Shepard of the Hills car show. I thought I’d tell you about the generosity and friendship of one participant. His name is Jason Krattli from Kimberling City.



    Shortly after moving to the area from Upstate NY eleven years ago, I became friends with Jason. Since my dad was my only family there and the rest in NY, the Krattli’s stepped to the plate and helped fill the void that was missing. Jason and I are as close to brothers as can be. We’ve been together through thick and thin.



    After enlisting in the Navy, we’ve tried to keep in touch. It’s hard at times with the time difference and phone conversations are just not the same. In April of 2003, Jason, his wife and young daughter were involved in a serious car accident. A drunk driver hit them head on. They were hospitalized and I got back as quickly as possible. It was hard to see them laid up in the hospital as they were but I tried my best to put on a smile and be supportive.



    Jason is left pretty much handicapped with no vision in his left eye, metal rods in his right leg and left arm that will forever limit his movement. His wife Kimberly has overcome her injuries as well as their daughter, Ravona with a little better outcome. At this point with sky rocketing hospital expenses and lawyers that never seem to have a solution, they are getting by on Kimberly’s income alone.



    Jason and I have started a Missouri Chapter of Outkast Kustoms car club. He keeps busy working on other’s custom rides. When his truck’s motor blew up a week or so before the Shepard’s show, I told him to take mine. He has put many hours into my truck and continues too. He has also contributed to the show by making up flyers courtesy of Outkast Kustoms Mo Chapter. With the physical limitations Jason has encountered, he maintains a busy schedule and I have not once heard him complain when the chips were stacked against him.



    I’m counting days till I’m back in the Branson area for good and can’t wait to personally thank Jason for what he’s done for me and others. He is one example of the great people that make up our community. I’m not homesick for the area alone, I’m homesick for the quality of people that make up Branson and the Ozarks like my brother, Jason Krattli. John, USS John C Stennis

  • The joy of fishing Chartered Waters for trout on Branson’s Lake Taneycomo

    On August 2, 2004 I had the pleasure of fishing with Brett Rader of Chartered Waters (CW)Fly Shop and Guide Service conveniently located on the east bank of upper Lake Taneycomo about 4 1/2 miles from the dam and 1 ½ miles from the “Trophy Trout” area. The CW operation is very efficiently integrated into a “complex” that provides their home, an attached fly shop, and a dock right on Lake Taneycomo.



    CW is a mutual effort between Brett and his bride, of over 12 years, Shelley. Someone has to “run the shop” while Brett is out on the Lake having fun all day and trust me, if you have “fun” fishing” it will be a “fun” experience and you will catch fish as you exerience the breath taking beauty of upper Lake Taneycomo . Brett offers a guarantee that if you do not catch fish your trip is free but I find it hard to believe that anyone listening to Brett and following his advice will ever get a chance to collect on it.



    About 100 feet from the door of the shop we walked on the dock, where his 18′ wide decked Lowe Bass Boat was moored. Brett carefully checked the equipment we would be using and explained the methodology we would be using. Although he fishes a lot with fly rods I was interested in the “long spinning rod” method he described in the fishing report on his site because it offers a little more flexibility, in my opinion, when they are running water. Although the boat could take four, plus Brett, I would suggest that the best fishing experience would be obtained if no more than two fishermen plus Brett went. This is particularly so with the bigger rods or if fly rods are going to be used.



    After carefully motoring up to just above the public boat ramp near the hatchery to the falls, under water off conditions, we arrived just as they blew the horn and started generating with one of the four generators. We started below the falls with the long (10 foot) spinning rod that was used all day. Although spooled with four pound test what is important is the business end of the rig which was Rio 6x fluorocarbon tippet. We started off with a #20 Bit Scud below a GLB olive Zebra #18. The Scud was dropped from the Zebra about two feet.The main objective is to get a natural drift with the Scud as close to the bottom as possible.



    Depth is adjusted as the bottom topography changed but the general orientation of the “rig stayed the same whether or not we were fishing in three feet of water or six feet of water.All that changed was the depth of the float, the bottom fly, and the addtion of weight. As we drifted into a little deeper water and the current from the generation caught up with us Brett changed the bottom fly to a #16 coral Soft Shelled Scud and added two BB split shot about 6 inches above the scud to keep it near the bottom. This is the rig we used for the rest of the day.It is a heck of a rig and worked very well.



    Brett does not fish while on a trip as it distracts from giving his clients the experience he wants them to have. On this day the fish were active and Brett was constantly spotting them and getting me ready.Even at that, the take was different than I was used to, and with the wind I missed close to 100 hits.That’s the bad news, the good news is that in about two hours I, conservatively, caught 25 fish and had a beauty on that broke off. Brett estimates that you will get about one hook up per five hits so I guess that makes me a good solid average.



    Brett and Shelley have a great operation designed to insure that the fisherman has a great fishing experience. Brett is an excellent teacher and communicator. Anyone who is planning on fishing Lake Taneycomo and has not fished it before would find the money and time invested in a guide trip with Brett well spent. Expert or beginner; spin or fly fishing; wading, boat, or both; generating water or not Brett has the equipment, methodology, experience, and personality to insure that your fishing experience on Lake Taneycomo will be all that it should and then some. For further information on Chartered Waters call 1-866-362-1928 or 417-334-1005 or visit their web site at WWW.charteredwaters.com and for a current Lake Taneycomo fishing report click here.

  • Missouri Law & Supreme Court Case- ability of cities to regulate the sale of alcohol


    Editors Note: The applicable law from Missouri’s Liquor Control Law is stated first followed by the Missouri Supreme Court’s interpretation of what that law says. (08/14/04). Those portions highlighted are particularly applicable to the editorial entitled, “Why can’t the city of Branson regulate the sale of intoxicating liquors?” published on August 15, 2004.



    311.095.1. Notwithstanding any other provisions of this chapter to the contrary, any person who possesses the qualifications required by this chapter, and who now or hereafter meets the requirements of and complies with the provisions of this chapter, may apply for, and the supervisor of liquor control may issue, a license to sell intoxicating liquor, as defined in this chapter, by the drink at retail for consumption on the premises of any resort as described in the application. As used in this section the term “resort” means any establishment having at least thirty rooms for the overnight accommodation of transient guests, having a restaurant or similar facility on the premises at least sixty percent of the gross income of which is derived from the sale of prepared meals or food, or means a restaurant provided with special space and accommodations where, in consideration of payment, food, without lodging, is habitually furnished to travelers and customers, and which restaurant establishment’s annual gross receipts immediately preceding its application for a license shall not have been less than seventy-five thousand dollars per year with at least fifty thousand dollars of such gross receipts from nonalcoholic sales, or means a seasonal resort restaurant with food sales as determined in subsection 2 of this section. Any facility which is owned and operated as a part of the resort may be used to sell intoxicating liquor by the drink for consumption on the premises of such facility and, for the purpose of meeting the annual gross receipts requirements of this subsection, if any facility which is a part of the resort meets such requirement, such requirement shall be deemed met for any other facility which is a part of the resort.



    311.220. 1. In addition to the permit fees and license fees and inspection fees by this law required to be paid into the state treasury, every holder of a permit or license authorized by this law shall pay into the county treasury of the county wherein the premises described and covered by such permit or license are located, or in case such premises are located in the city of St. Louis, to the collector of revenue of said city, a fee in such sum not in excess of the amount by this law required to be paid into the state treasury for such state permit or license, as the county commission, or the corresponding authority in the city of St. Louis, as the case may be, shall by order of record determine, and shall pay into the treasury of the municipal corporation, wherein said premises are located, a license fee in such sum, not exceeding one and one-half times the amount by this law required to be paid into the state treasury for such state permit or license, as the lawmaking body of such municipality, including the city of St. Louis may by ordinance determine



    311.220. 2The board of aldermen, city council or other proper authorities of incorporated cities, may charge for licenses issued to manufacturers, distillers, brewers, wholesalers and retailers of all intoxicating liquor, located within their limits, fix the amount to be charged for such license, subject to the limitations of this law, and provide for the collection thereof, make and enforce ordinances for the regulation and control of the sale of all intoxicating liquors within their limits, provide for penalties for the violation of such ordinances, where not inconsistent with the provisions of this law.



    Opinion
    Supreme Court of Missouri



    State of Missouri, Respondent v. Entertainment Ventures I, Inc., d/b/a High Hill Cabaret, and James L. Alexander, Appellants.



    Case Number: SC83339



    Hand down Date: 05/15/2001



    Appeal From: Circuit Court of Montgomery County, Hon. Edward D. Hodge



    Counsel for Appellant: Mark G. Anderson and Charles E. Smarr



    Counsel for Respondent: Kelly C. Broniec



    Opinion Summary:



    High Hill Cabaret and its president (collectively EVI) were found to be operating a public and common nuisance pursuant to section 311.740 for serving alcohol without a city liquor license, selling alcohol to intoxicated persons, and allowing certain acts of lewdness, all in violation of state liquor control law. EVI appealed, challenging the constitutionality of the public nuisance law.



    AFFIRMED.


    Court en banc holds:



    (1) EVI’s claim that the provision defining a nuisance, section 311.740, is so vague and indefinite that it violates due process fails. EVI points to the provision relating to manufacturing liquor, but that was not applied to EVI and is not relevant. EVI does not claim the part of the statute relating to the “place . . . where intoxicating liquor is sold . . . in violation of this law” is anything other than perfectly clear. There is no evidence that application of the law in this case is arbitrary or discriminatory.



    (2) EVI has no standing to challenge section 311.750’s provision for an action in equity to enjoin a nuisance prior to trial, since the cabaret was never closed prior to hearing. EVI also fails to consider that Rule 92 may supercede the temporary injunction procedure. As to the hearing itself, there was no due process violation.



    (3) The state’s authority to issue a resort license does not deprive an incorporated city of the authority to license the sale of liquor. Section 311.220.1 and section 311.095.1 are compatible and part of a complementary system of state and local regulation.



    (4) To find EVI operating a public and common nuisance, it was only necessary for EVI to have one violation of liquor control law. The record shows substantial evidence of at least six separate violations in three ways: serving intoxicated persons, lewd conduct, and no city liquor license.



    Citation:



    Opinion Author: John C. Holstein, Judge



    Opinion Vote: AFFIRMED. All concur.



    Opinion:



    Entertainment Ventures I, d/b/a High Hill Cabaret, and its president, James L. Alexander, (collectively referred to as EVI) were found to be a operating a public and common nuisance pursuant to section 311.740(FN1) for serving alcohol without a city liquor license, selling alcohol to intoxicated persons, and allowing certain acts of lewdness, all in violation of state liquor control law. EVI appealed, and the case was transferred to this Court, Mo. Const. art. V, sec. 11, because of our exclusive appellate jurisdiction in all cases involving the validity of statute or provision of the constitution of this state. Mo. Const. art. V, sec. 3. EVI challenges the constitutionality of sections 311.740 and 311.750 under the Due Process Clause of the United States and Missouri constitutions, claims that the findings in the trial court are not supported by the evidence, and claims that the trial court erroneously applied the law. This Court affirms.


    I.


    The standard of review of this bench-tried case is set out in Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976). The judgment will be affirmed unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. Murphy, 536 S.W.2d at 32. In a court-tried matter we accept as true the evidence and reasonable inferences in favor of the prevailing party and disregard the contrary evidence. Gilmartin Bros., Inc. v. Kern, 916 S.W.2d 324, 331 (Mo. App. 1995).



    EVI operated the Hill High Cabaret (Cabaret), an establishment where patrons are entertained by semi-nude female dancers. The Cabaret serves alcohol by the drink, and possessed a temporary retail liquor by the drink resort license issued by the state. The City of High Hill, however, requires that retail liquor establishments also obtain a liquor license issued by the city. EVI knew about the city license requirement and inquired about obtaining a city liquor license, but the City of High Hill ultimately refused EVI’s application. EVI did obtain a license from the city to operate only as a restaurant.



    Even though it was denied a city liquor license, the Cabaret opened in February of 2000 and began serving liquor on the premises. On February 25, three Missouri Division of Liquor Control (Division) agents went to the Cabaret. The agents observed a female dancer perform certain lewd acts, including exposing the vulva and areola portions of her body. On March 4, patrons Daniel Sheperd and Bill Sheperd saw a dancer completely expose her breasts while at the Cabaret.



    On February 27, 2000 a witness saw Merle Palmer enter the establishment sober, and three hours later leave the establishment staggering and visibly intoxicated. Police arrested Mr. Palmer shortly after and found him to have a blood alcohol content of .226 percent. On March 19, John Miller was served four beers and two shots of alcohol at the establishment. When a police officer pulled over Mr. Miller’s car a short distance from the Cabaret, the officer found him to be visibly intoxicated, with a blood alcohol content of .157 percent. On April 1, witnesses observed Sammie Ray Williams, visibly intoxicated, leaving the High Hill Cabaret. Police stopped his vehicle and administered a breath test, and the result was .307. Mr. Williams told police that he had consumed twelve beers while at the High Hill Cabaret from 2:00 p.m. and 9:30 p.m.



    On March 31, 2000 the Montgomery County prosecutor filed a complaint asking the circuit court to declare the Cabaret a public and common nuisance pursuant to section 311.740 because the Cabaret served intoxicating liquor in violation of state liquor control law. The state alleged the lewd acts, the city license requirement, and the incidents involving Mr. Palmer and Mr. Miller, noted above. On April 19, the state filed an amended petition raising the incident with Mr. Williams. A hearing was held on April 21. EVI offered 12 exhibits, cross-examined the state’s witnesses, and put the president of EVI, James L. Alexander, on the witness stand. He denied any knowledge of the lewd acts or that he served intoxicated persons, though he was present in the establishment when the activity occurred.



    The circuit court issued an order on May 22 finding that the Cabaret was in violation of state liquor control law because the establishment does not have a city liquor license from the City of High Hill, because dancers employed at the Cabaret had engaged in lewd acts on the premises, and because the Cabaret had served intoxicated persons. The court declared the Cabaret to be a common and public nuisance as defined by section 311.740 because it was in violation of state liquor law, and closed the establishment for one year pursuant to section 311.750. This appeal followed.



    II.


    EVI’s first constitutional argument(FN2) challenges the nuisance law, which allows an action to enjoin any establishment as a public and common nuisance if it is operating “in violation of [the liquor control] law.” Sec. 311.740. Citing the Due Process Clause of the United States Constitution and article I, section 10 of Missouri’s Constitution, EVI claims the provision defining a nuisance, section 311.740, is so vague and indefinite that it violates its right to due process of law.



    In reviewing vagueness challenges, the language is to be evaluated by applying it to the facts at hand. Cocktail Fortune, Inc. v. Supervisor of Liquor Control, 994 S.W.2d 955, 959 (Mo. banc 1999). A valid statute provides a person of ordinary intelligence a reasonable opportunity to learn what is prohibited. State v. Mahurin, 799 S.W.2d 840, 842 (Mo. banc 1990); Roberts v. United States Jaycees, 468 U.S. 609, 629 (1984) . The prohibition against vagueness ensures that laws give fair and adequate notice of proscribed conduct. State ex rel. Cook v. Saynes, 713 S.W.2d 258, 260 (Mo. banc 1986). In addition, the void-for-vagueness doctrine protects against arbitrary and discriminatory enforcement. Id. A statute can be void for vagueness if its prohibitions are not clearly defined. Grayned v. City of Rockford, 408 U.S. 104, 108 (1972).



    Section 311.750.1 expressly authorizes the prosecuting attorney of any county or city to bring an action to enjoin any nuisance as defined in the liquor control law. Section 311.740.1 defines a public and common nuisance, in relevant part, as:



    Any room, house, building, boat, vehicle, structure or place of any kind where intoxicating liquor is sold, manufactured, kept for sale or bartered, in violation of this law and all intoxicating liquors and all property kept and used in maintaining such a place and any still, doubler, worm, worm tub, mash tub, fermenting tub, vessel, fixture or other property of any kind or character used . . . in the production or manufacture of intoxicating liquor is hereby declared to be a public and common nuisance . . . .



    EVI’s complaint is with the words: “and any still, doubler, worm, worm tub, mash tub, fermenting tub, vessel, fixture or other property of any kind or character. . . .” EVI claims that these words enacted in 1939 render the entire provision an out-of-date relic of post-prohibition era legislation, that these words are no longer of common usage, and that after reading the statute a person of ordinary intelligence is left to guess at what conduct is prohibited.



    The statute addresses both the sale and manufacture of liquor. But the part of the statute relating to manufacture does not apply to EVI, because there is no evidence that EVI manufactures liquor. The words the legislature used to describe tools involved in the manufacture of liquor are not relevant to this appeal, and the Court need not reach the issue of whether they are unconstitutionally vague. EVI does not claim the part of the statute relating to the sale of liquor, the “place . . . where intoxicating liquor is sold. . . in violation of this law,” is anything other than perfectly clear. Moreover, there is no evidence that application of the law in this case is arbitrary or discriminatory.



    EVI’s second constitutional issue involves section 311.750, which allows an action in equity to enjoin a nuisance as it is defined in section 311.740. Section 311.750 states that the state or local prosecutor may bring such an action. It further provides: “If it is made to appear by affidavit, or otherwise to the satisfaction of the court . . . that such nuisance exists, a temporary writ of injunction shall forthwith issue restraining the defendant from conducting or maintaining any such nuisance until the conclusion of the trial.” Sec. 311.750.1. EVI’s claim is that the statute, on its face, deprives a defendant of a meaningful opportunity to be heard before being deprived of legal rights. Fuentes v. Shevin, 407 U.S. 67, 81 (1972). EVI fails to consider the possibility that Rule 92 was followed by the trial judge and that the rule might supercede the temporary injunction procedure described in section 311.750.



    In any event, EVI’s claim fails because to have standing to raise a constitutional issue, the objecting party’s rights must have been affected. Silcox v. Silcox, 6 S.W.3d 899, 903 (Mo. banc 1999). In this case the Cabaret was never closed or otherwise enjoined prior to hearing or a final order. On April 4, 2000, the state moved for a temporary restraining order. There was no allegation demonstrating that immediate and irreparable harm would result absent such relief. Consistent with Rule 92.02(a)(1), the trial court denied the motion. On April 21, the state asked for a temporary order closing the Cabaret pending the court’s final order. The court also denied that request. EVI has no standing to raise this issue of the temporary injunction.



    As to the constitutionality of the nuisance hearing itself, EVI introduced evidence and had the opportunity to call its own witnesses and cross-examine the state’s witnesses at its trial. There is no due process violation evident. EVI had a meaningful opportunity to be heard, including the right to an impartial decision maker, the right to know the claims against it, and the right to confront and cross-examine opposing witnesses and to rebut their testimony with its own evidence. Mueller v. Ruddy, 617 S.W.2d 466, 475 (Mo.App. 1981); Valter v. Orchard Farm Sch. Dist., 541 S.W.2d 550, 557 (Mo. 1976).



    III.


    EVI next argues that because it had a liquor-by-the-drink resort license, the city had no authority to license it. Its argument is founded on the opening phrase of section 311.095.1. It begins, “Notwithstanding any other provisions of this chapter to the contrary, . . . .” a qualified person may be issued a license for retail consumption of liquor by the drink on the premises of a resort. EVI then points to the closing phrase of section 311.220.2, which authorizes incorporated cities to license retailers of intoxicating liquor, “where not inconsistent with the provisions of this law.” EVI asserts that section 311.220.2 is “contrary” to section 311.095.



    The precise question presented here was discussed at length in State ex rel Casey’s v. City of West Plains, 9 S.W.3d 712 (Mo. App. 1999). The court, after careful analysis, concluded that the authority of the state to issue a resort license under 311.095.1 was not intended to deprive an incorporated city of the specific authority granted in section 311.220 to license the sale of liquor. Id. at 719. EVI requests that Casey’s be overruled based on this Court’s holding in Allstate Distribs., Inc. v. Norfleet, 750 S.W.2d 73 (Mo. banc 1988). But in that case the Court did not hold that section 311.095.1 supercedes a city’s authority to issue a license to a resort. The actual holding was that a municipality exhausts its authority to tax liquor when it requires a city license. Id. at 76. Casey’s is not inconsistent with Allstate. Casey’s is not overruled.



    EVI also claims that the Division has construed section 311.095 as preempting the power of cities to license liquor retailers. It relies on the testimony of liquor control agent Steve Shimmers, who testified that the policy of his agency was to issue a resort license prior to the licensee having obtained a city liquor license. Contrary to EVI’s assertions, Shimmers did not state that the Division’s policy was to encourage or permit the actual operation of a resort licensee without the required city license. The order in which licenses are issued is of no consequence in determining whether an establishment has the lawful authority to operate.



    Other arguments are advanced claiming that section 311.220.1 is contrary to section 311.095.1. Put simply, the two sections are not contrary to or inconsistent with each other. Indeed, the two sections are entirely compatible and are part of a complementary system of state and local regulation of businesses that sell intoxicating liquor.



    IV.


    EVI’s remaining points generally attack the sufficiency of the evidence. EVI claims that the findings of the trial court relating to the city license, the lewdness, and the serving of intoxicated persons are not supported by the facts. Appellate courts, in reviewing bench trials, give due deference to the trial court and its unique ability to judge the credibility of the witnesses and will uphold the judgment of the trial court if the result was correct on any tenable basis. Trapp v. Barley, 897 S.W.2d 159, 164 (Mo. App. 1995).
    The Division’s lewdness regulation provides, in relevant part:



    (14) Lewdness. No retail licensee or his/her employee shall permit in or



    upon his/her licensed premises—


    . . . .


    (B) The displaying of any portion of the areola of the female breast;


    . . .


    (D) The actual or simulated displaying of the pubic hair, anus, vulva
    or genitals;


    . . . .



    11 CSR sec. 70-2.130(14(B) and (D); see also sec. 311.660 (authorizing the supervisor of liquor control to establish regulations for the conduct of liquor licensees). The trial court found that “the evidence indicated that on numerous occasions, female dancers displayed and exposed the areola portion of their breasts, pubic hair and vulvas.” On several occasions in one evening, liquor control agents observed a female dancer expose the vulva and areola portions of her body. On another occasion, two patrons observed a female dancer expose the areola portion of her breasts. Both incidents are a clear violation of the regulation noted above.



    On three different occasions within a little more than a month, visibly intoxicated persons were arrested moments after leaving the Cabaret. Two of these patrons had blood alcohol levels at 200 percent and 300 percent, respectively, of that giving rise to a presumption of intoxicated driving. Sec. 302.505.1. Another had a blood alcohol content of .157 percent. Each of these persons had consumed several alcoholic beverages inside EVI’s business. Serving intoxicated persons is a violation of the liquor control law. Sec. 311.310.



    Evidence of just one of these violations would have been sufficient for the trial court to have found a violation of liquor control law under section 311.740. In response, EVI points to the self-serving testimony of James L. Alexander, in which he claims he was ignorant of the lewd conduct of his employees. He also claims that he stopped serving alcohol to Mr. Williams, Mr. Palmer, and Mr. Miller once he was aware of their inebriated condition. EVI would have us disregard the testimony of those present who saw the dancers’ performances, and others who observed the obvious drunkenness of the customers, albeit from a distance as the customers exited the Cabaret. Given that Mr. Alexander was present on each occasion, his claims of ignorance ring hollow. His assertion that, of all present, only he did not see the lewd acts or realize the intoxication of his patrons prior to serving their last drinks strains credulity. The record discloses substantial circumstantial evidence that Mr. Alexander knew what was happening and permitted it to occur.



    The record also establishes beyond question that EVI operated without a municipal license as required by the city ordinances of High Hill. State liquor licensees are required to comply with valid local licensing ordinances. See sec. 311.220. High Hill’s ordinance is not shown to be unauthorized by law.



    In order to find EVI to be operating a public and common nuisance, it was only necessary for EVI to have committed one violation of liquor control law. The record shows substantial evidence of at least six separate violations committed in three different ways; that EVI employees served liquor to intoxicated persons on three occasions, that lewd conduct was permitted on the premises on at least two occasions, and that EVI did not possess a valid city liquor license. The judgment is affirmed.


  • Fishing Report- Lake Taneycomo August 9, 2004

    Editors General Comments: Very little affects the fishing on LakeTaneycomo like the generation of power at the Table Rock Dam. Call 417-336-5083 for up to the moment information on generation and lake levels or click here. August 9- At 0550- 0 generator(s) on, Table Rock is at 916.8 and Taneycomo at 701.5.


    Trophy Trout Area: Special Regulations apply to the Trophy Trout Area running from Table Rock Dam to the mouth of Fall Creek. Click here for an overview of these regulations.


    Fly Fishing Only by River Run Outfitters (Dam to Fall Creek)- Aug 10- Last week fished good. Saturday morning was a little tough, but after lunch, we caught some nice fish, 16 to 18 inches on the olive size 18 zebra midge. Since we were in the boat, we found slack water near the banks behind seams holding lots of nice fish. Late morning and early part of the afternoon Saturday, the shallow bank below Point Lookout fished very well drifting the size 16, red tunghead midge. By midday, the deep side below Point Lookout fished better, but still with the red midge. Sunday the dark olive soft hackle, size 16; green L’il Easy, size 18; and green holographic crackle back, size 14 were catching lots of fish. Probably other flies working, but these are so much fun. Floated the deep bank below Lookout with the red midge on our way out and caught lots more fish. Yesterday and today, before the water started, it was fishing well on most anything. When the fish were coming up, Renegades, soft hackles, and crackle backs. Wet flies included the tan flashback scud. Really did well on the tan scud today and the insect green soft hackle. Don’t forget those terrestrials!


    Fly Fishing and Spin Fishing By Chartered Waters Guide Service and Fly Shop – August 8th – The toughest day I’ve had all year. One unit was running when I woke at 5:00 and it stayed at 1 all day. Ken Joplin and his son BJ started the day at 6:30 at the dam. We started on the shoal out from outlet #3 and caught nothing. No one around was catching anything other than a couple of shufflers. They had a few fish on and lost but that place with one unit is usually very solid. I took them back to where I took Ken yesterday but stopped half way there when I saw several rising trout in one area sipping midges. I tied on some GLB Zebras and had them cast to those rising fish. We caught quite a few BUT…they were all those little 5 inch hatchery fish with a couple of exceptions. We arrived at that same hole from yesterday and we managed half a dozen in and around that area (pictured is BJ with a rainbow from there) but again the action was very slow. We decided to hit the boat with greater expectations in mind. We did catch more fish out there for sure but still I would call it sub par. I tried many different patterns and colors. When we found midging trout (and usually in a very concentrated area) they would take midge emergers fairly well. Black, pink, peach and olive Soft Shelled Scuds in #16 were probably best overall but no one any better than the other. I found 6x caught more than 5x. The best places were those in areas I typically don’t find a lot of fish during one unit. The bites were lighter and faster than usual and we missed many opportunities because of it. They probably caught 25 – 30 fish total today. By comparison I’d guess Ken himself caught about 50 – 60 yesterday. They both had a great time but I felt bad I couldn’t get them hooking up more. So it goes sometimes. It was tough…I kept changing all day…never found the magic combination. Not sure it was out there today anyway. We’ll hit it again tomorrow with better things in mind. Editor Note: If this is a bad day can you imagine what a good day is. I went fishing with Brett last week and caught 25 fish in about 2 hours and missed about a hundred. Visit his site, he is one heck of a fisherman and a great guy to boot.


    Gary‘s Current Report: August 9- Tough day on the water, My neighbor, Howard Couch, caugtht about 15-20 fish in about 2 hours. He started with the size 16 Red Bead Head Midge in the shallow water side and switched to the 128th ounce White Thread Jig when we moved over to the channel side. Fished from Lookout Hole down stream using a spin-float system with with indicator set betwen 4 and 5 feet all the way down.


    Guide Bob Klein: Bob Klein, the not pretty half of the former owners of Main Street Marina, Bob and Jackie Klein, is still guiding as “Bob’s Guide Service.” As of August 8, 2004 Bob reported that water flow has been consistent and that the best fishing from Branson to Rockaway Beach has been using orange and yellow power eggs drifted off the bottom. Small browns being caught below Fall Creek on nightcrawlers. As always the following standard default techniques are producing fish.


    Water Off Conditions (not generating power from Table Rock Dam) – Air injected night crawlers or Orange and Chartreuse Power Eggs, with the Chartreuse on shank of hook and the Orange on tip. Fish them off the bottom with no heavier than 4 pound leader, size 8 or smaller hooks, and just enough split shot to cast. Place the shot so that the bait floats 12-18 inches off the bottom. Spin-A-Lures and Little Cleos have been working well.


    Water On Conditions – Orange and Chartreuse Power eggs with the Chartreuse on shank of hook and the Orange on tip, white Power Eggs, or inflated night crawlers bounced off the bottom using the standard “Lake Taneycomo Drift Rig.” which is readily available at all Marinas and most resorts on the Lake.


    Get Your Lake Taneycomo Questions Answered:Bob, Gary, Brett, and Stan will be monitoring the Outdoor Activities Forum on the Branson.Com Message Board . If you have any fishing questions on LakeTaneycomo just ask.Use the word “Taneycomo” in the Search Function and enter it in all your posts so they’ll show up.

  • God works His perfect will according to His timing for His purposes, you can bet on it!

    The Ole Seagull has the pleasure of attending a men’s prayer meeting every Tuesday morning. Among other things, the group has been praying that “Gods perfect will be done” as regards the Rockaway Beach casino and the sanctity of marriage issues that were on the August 3 ballot. “Wait a minute Seagull, with your views on the casino in Rockaway Beach, they still let you in?” “Sure, all who want to pray, even an Ole Seagull, are welcome.”



    With this group of men, it’s not the one being right over another, where they go to church or don’t, how they might individually feel about an issue, political or social standing within the community, or the political/economic aspects of an issue that matters. What matters is that they care enough about their God, each other, and their community to humbly gather together each week and ask His blessing on each other, their families, their community, and the issues that they face together.



    In any event, on the night of August 3, although perhaps not in the manner that some had hoped, prayers were answered. “Come on Seagull, prayers “schmayers,” wasn’t it Peter Herschend who defeated it!” “Not really. He provided the clout, funding, and brilliant leadership without which an effective campaign against Amendment 1 could not have been waged.” But, an Ole Seagull would suggest that, in the final analysis, without two things happening, one of which was not only beyond the control of the opponents to Amendment 1 but controlled entirely by its proponents, the results, in all likelihood, would have been radically different.



    The first was the choice of the ballot language that the proponents of Amendment 1 chose. In October of 2003 and again June of 2004, the Ole Seagull wrote, “Unfortunately for Rockaway Beach’s casino gambling hopes, the petition itself provides the very ammunition that those opposing a casino in Rockaway Beach could use to attempt to shoot their casino down. Is it much?No, but it could be enough to make a ‘decent bet’ into a bet that is ‘at best, even money.’” In the June 2004 column he added, “the ‘at best’ scenario might be overly optimistic.”



    The Ole Seagull will never forget his amazement the first time he “read” the Initiative Petition for Amendment 1 in October of 2003. As he read the provision providing for “gambling facilities,” plural instead of singular as in “One,” multiple issues in the Petition, and its verbiage relating to “priority school” funding he thought, “Wow, does this give the opposition ammunition that they shouldn’t have.” Although the opposition never zeroed in on the fact that the very Amendment itself authorized more than one gambling facility, the multiple issues on the Initiative was raised in the judicial challenge, and the priority schools issue, which finally surfaced in the final weeks of the campaign, was, in the Ole Seagulls opinion, a major factor in the defeat of Amendment 1.



    How major? In an article in the August 4 edition of the Springfield News Leader it was reported that both Robert Low, a partner in the proposed Rockaway Beach Casino, and casino opponent, Peter Herschend, said, that “the education component of the initiative may have been the weak point.” In what could be the understatement of the year, Low is reported to have said, “I think the school issue hurt us.”



    The second element was when Amendment 2, defining “marriage,” was placed on the same ballot as Amendment 1. In an Ole Seagulls opinion, when the extraneous verbiage of the Amendment 1 was combined with Amendment 2 being on the same ballot all the elements of a “perfect defeat” were in place.



    How differently might this election had turned out if the Petition had simply read, “Shall the Missouri Constitution be amended to authorize a floating gambling facility on or adjacent to the White River in Rockaway Beach Missouri” or if Amendment 2 had not been on the same ballot. Why did the proponents include the extra language? How did Amendment 2 end up on the same ballot? Is it totally inappropriate to suggest that God works His perfect will according to his timing for His purposes?



    “Hold on there Seagull, I thought that you supported a single casino in Rockaway Beach?” “Sure did and do, but, if it is to come, it will come in God’s way and time or, not at all.” “Do you think that a casino in Rockaway Beach is dead?” Not if Robert Low really meant what he said, that the fight’s not over and that “If you are right, you fight.” “But is it a fight that is right and one that can be won?” For a lot of reasons an Ole Seagull believes that it is a fight that is right and can be won.” After all, isn’t it a good bet that God works His perfect will according to His timing for His purposes.



    Gary Groman, a.k.a. “The Ole Seagull,” is an independent columnist and the editor of the Branson Courier. He may be reached by clicking here or by calling 417-339-4000.

  • Gays and Lesbians plan a “gay” Labor Day weekend ?

    August 11, 2004 Please see the article entitled, "Man makes false claim of gay days at Silver Dollar City" published in the August 11 Springfield News Leader for perspective on the following piece which was written on August 8, 2004.


    An article appearing in the August 6 edition of the Branson Daily News reported on a press release from the Guardian Group (Gays United Against Rampant Discrimination In America Now). The press release announced a “Gay Weekend at Silver Dollar City” over Labor Day weekend.”

    Lisa Rau, Silver Dollar spokesperson was reported in the article to have said, “Everyone is welcome at Silver Dollar City…We will not deny selling tickets to this group.” According to the article “Rau said she did not know how large the group was, but since it will be a holiday weekend, the park will be busy regardless.”

    When contacted by the Branson Courier on the afternoon of August 6, and asked if Silver Dollar City had “a press release or anything else on the Guardian Group that will be at Silver Dollar City over Labor Day Weekend” Rau responded, “No, sorry …we’re not sponsoring the event, not hosting the event and have very few details — Not even sure they’re having an event.”

    Editors Note: A “Google” search for “Gays United Against Rampant Discrimination In America Now” on August 7 revealed no specific web site page for the group and only two 2001 entries relating to the group. It should be pointed out that neither Branson nor Silver Dollar City is “letting anything happen” except to provide their signature family entertainment to all their visitors without discrimination.

  • Car enthusiasts for the Shepherd’s Super Summer Cruise

    Long sunny days, hot summer nights and that rumble in the air can only mean one thing ­ it’s time for car enthusiasts from all over the country to roll into Branson again! The Super Summer Cruise at The Shepherd of the Hills, running from runs August 12-14, is one of the most popular automotive events in the country, and with some exciting additions, 2004 promises to be the biggest year yet.



    The Show n’ Shine at The Shepherd of the Hills Homestead will run from 8am to 5pm each day. Here visitors can get an up-close look at these incredible autos. There will be great entertainment from some of Branson’s hottest stars in the new Pavilion Theatre, a fantastic DJ on Inspiration Point, delicious food vendors, and fun games and prizes by Street Machines of Table Rock Lake, the host car club for the event. Each day Cooter Davenport and the General Lee from Duke’s of Hazard will be on hand greeting visitors, and Spirit Industries will also be on hand each day of the event. They will actually build chassis from the ground up and start the engine in 20 minutes.



    Friday the action really heats up with the beginning of the MAACC judging and the NSRA inspections and the highlight of the event ­ the midnight cruise down The Shepherd of the Hills Expressway. The parade of cars will begin in front of the IMAX theatre and Red Lobster and run to BT Bones Steakhouse. The event is free ­ guests bring their lawn chairs and begin lining up early so they can enjoy these magnificent automobiles! Several Branson celebrities will be riding in convertibles for the cruise.



    Saturday the judging continues throughout the day at the Show n’ Shine. At 3:30pm, visitors can take in the Best of Show Awards. There are 10 classes, and 3 trophies per class, plus the top twenty cars will be selected to compete for Best In Show, which will place the top three.



    Tickets are available at the gate and are $10 on Thursday, $12 on Friday, $14 on Saturday, or $30 for a 3-Day Festival Pass, children are ½ price. Combination packages are also available for the Sons of the Pioneers Chuckwagon Dinner Show and The Shepherd of the Hills Outdoor Drama at


    8:30pm. For more information, call 417-334-4191.


  • Amendment 1 Dead, Dead, Dead

    Just a note of encourgement. The wicked riverboat gambling issue at 11:37 PM appears to be DEAD! DEAD! DEAD! by a large enough margin that the big gambling interests won’t come a knocking in Rockaway Beach anymore. End of story. There is still God!

  • Amendment 1 change will help workers make a livable wage


    Having been a resident in both Stone and Taney county for many many years now, I have had the opportunity to see many changes in the area both good and bad, and I have come to expect narrow minded thinking from the city officials and business owners, but Amendment 1 has brought out the truest of hypocrites.



    I am so sick of hearing about how crime will increase if gambling comes to the area. One person quoted in the paper actually said with large crowds comes crime, well where has he been?, obviously not in Branson, we have large crowds all the time, Veterans Day, Independence Day, Christmas most any given day during peak season and the town is full of tourists, yet none of the business owners complain about that and if it’s true that crime comes with large crowds then someone isn’t telling us something.



    If you truly believe an increase in tourists will in some way increase crime then I would suggest the business owners in downtown Branson do something to halt the Branson Landing project.



    Maybe I’m wrong but I always thought that a tourist area wanted to attract tourists, but after living here for so long I’ve come to realize that Branson may be the exception, Branson seems to want only to attract those tourists that fit a certain profile. A certain age range, income and status, yet those are the same group of people who flock to Casinos on tour busses and spend their money on the so called evil of gambling and then when they arrive in Branson, have a miraculous metamorphosis and become this sought after family crowd that Branson keeps shoving down everyone’s throat.



    Yes, I am a proponent not necessarily of gambling but of change, a change that will help the workers in this area be able to make a livable wage and finally get benefits for their families and no longer be the price that is paid for this so called family environment.



    If gambling can do that then bring it on, and one last thing to all the business owners, had you treated your workers well over the years instead of like second class citizens who are only there to serve your beckon call for slave wages, maybe just maybe, this issue of gambling would never have come up. Ray, Branson


  • Fishing Report- Lake Taneycomo August 1, 2004

    Editors General Comments: Very little affects the fishing on LakeTaneycomo like the generation of power at the Table Rock Dam. Call 417-336-5083 for up to the moment information on generation and lake levels or click here. August 7- At 0550- 1 generator(s) on, Table Rock is at 916.8 and Taneycomo at 704.0.


    Editor’s Observation: The normal pattern of having the water off until the 0830-1000 time period has changed. Best chance for water off conditions for any period would be to be on the water at first light.


    Trophy Trout Area: Special Regulations apply to the Trophy Trout Area running from Table Rock Dam to the mouth of Fall Creek. Click here for an overview of these regulations.


    Fly Fishing Only by River Run Outfitters (Dam to Fall Creek)- July 28 – Last week continued to have some tough days. Trips were catching fish, but they really had to work for them. Saturday and Sunday seemed to turn the tide. Fished Saturday with one generator and caught fish on the red midge and the rust zebra. After the water was off for a little while, the fish started coming up and we each had a 30-40 fish afternoon on soft hackles and crackle backs. Best crackle back was the holographic green in a size 14. Soft hackles were partridge and orange and the dark olive. Sunday was another good day. Size 18 L’il Easy, and a holographic silver crackle back were our best flies. In the late afternoon I fished the crackle back in about 1-2 feet of water. Cast straight downstream as far as I could and retrieved with a strip-strip, then pause action. In that shallow of water, the strikes were explosive. Several times I would have a strike and miss it but kept the fly in action and get another take. Several nicer, 16-18 inch Rainbows caught this way. Also caught a couple 13-14 inch Browns. Yesterday, one of our boats caught a beautiful 21 inch Brown on the red tunghead midge. Fish are hitting much better than last week during the high water. Reports from some of our customers that they were doing very well in the Hatchery area with Renegades, size 14 over the weekend. Also know that crackle backs were working well in this area, bright colors, sizes 12 or 14. When the water is up and you don’t have a boat the chute areas will probably be your best bets. Scuds, sowbugs and San Juan worms are good choices for the chute area.


    Fly Fishing and Spin Fishing By Chartered Waters Guide Service and Fly Shop – July 29 – Today’s trip was with Bob and his two 12 yr old twin boys Steven and Ben. You might think that would be confusing but you do little things to keep names straight. Ben had blue shoes and Steven’s were white. Plus Ben was in the back of the boat so we kept it straight most of the time. Dad was just spectating so the boys caught the fish. They caught them really well today starting @ 7:00 with two units going we fished #14 and #16 pink and coral Soft Shelled Scuds below a float for about 2 hours. Two units are soooo good using this method. It was just nonstop and it usually is catching some quality 18 and 19 rainbows. They caught about 5 – 6 in that range (a couple just missing 20″) and countless slot fish (13 – 17 “). Ben also caught one little brown today (pictured). These guys picked up the spinning rods really well and were pumping in those big fish by the end of the day like pros. Great action all day even when 4 units came on around 10:00. We switched to the bottom rigs then and continued to catch many quality fish for the remainder or their half day trip. I showed the group some of the scuds the fish were spitting up and they found that very interesting seeing the array of sizes and colors. I found a couple of very dark (black?) scuds and a few that were black and orange…kind of spotty looking. I’m going to have to tie one of those and try it out. That was indeed a new color scheme for a scud. Maybe it was a dead and drying out scud before being washed away with the water? The kids wondered how many fish they caught. I guessed about 50 – 60 fish and with out prompting it, Dad guessed about the same. Not bad for a couple of 12 yr olds who have never caught a trout before and never used a spinning rod. We did see Glen and his family motoring up to the dam and we exchanged some info. 4 units were going at the time so I told them their set ups should be good to go. As we motored up we passed them on their first drift down and they had already caught about 6 – 8 fish including a 17 1/2” rainbow for Glen. They were having fun and catching a lot of fish. Later in the day he was saying he’d be by for more scuds so I think I made another believer. That’s cool! I love to see the satisfaction on peoples faces when they are getting it done. There’s a little more satisfaction when you do it all by yourself. They caught the fish, I just kind of pointed them in the right direction.


    Gary‘s Current Report: August 1- Howard Couch reported catching between 12 and 15 fish on July 31 between about 0645 and 0845 using the 128th ounce White Thread Jig from the 21 mile marker down. He used a spin-float system with with indicator set betwen 4 and 4 1/2 feet all the way down. Water came on about 0800 and he caught fish using the same set up for about 30 minutes until the speed of the current made eating breakfast more enjoyable than fishing.


    Guide Bob Klein: Bob Klein, the not pretty half of the former owners of Main Street Marina, Bob and Jackie Klein, is still guiding as “Bob’s Guide Service.” On July 28, 2004 Bob reported that water flow has been heavy and that the best fishing from Branson to Rockaway Beach has been using orange and yellow power eggs drifted off the bottom. Small browns being caught below Fall Creek on nightcrawlers. As always the following standard default techniques are producing fish.


    Water Off Conditions (not generating power from Table Rock Dam) – Air injected night crawlers or Orange and Chartreuse Power Eggs, with the Chartreuse on shank of hook and the Orange on tip. Fish them off the bottom with no heavier than 4 pound leader, size 8 or smaller hooks, and just enough split shot to cast. Place the shot so that the bait floats 12-18 inches off the bottom. Spin-A-Lures and Little Cleos have been working well.


    Water On Conditions – Orange and Chartreuse Power eggs with the Chartreuse on shank of hook and the Orange on tip, white Power Eggs, or inflated night crawlers bounced off the bottom using the standard “Lake Taneycomo Drift Rig.” which is readily available at all Marinas and most resorts on the Lake.


    Get Your Lake Taneycomo Questions Answered:Bob, Gary, Brett, and Stan will be monitoring the Outdoor Activities Forum on the Branson.Com Message Board . If you have any fishing questions on LakeTaneycomo just ask.Use the word “Taneycomo” in the Search Function and enter it in all your posts so they’ll show up.

  • On this “the word of God is clear”- He loves those that will vote YES on Amendment 1!!

    Seagull Mussings Column for August 4, 2004



    Recently, as the Ole Seagull entered a local church he was handed a church bulletin for the service. One of the items stuffed in the bulletin was a “muck sheet” announcing, in bold type, that “The word of God is clear about gambling violating many scriptural themes.” As the Ole Seagull read the “muck sheet” he thought to himself, “The people that wrote this are either intentionally trying to deceive people or are reading a different ‘word of God’ than he was reading.”



    In the Ole Seagull’s research regarding the scriptures and gambling he didn’t find anything specifically declaring gambling a sin, prohibiting it or warning against it. Not so with adultery (Matt: 5:27), lusting (Matt: 5:28), immorality, impurity, and sensuality (1Gala: 5:19), enmities, jealousy, anger, disputes, dissentions, and factions (1Gala: 5:20) envyings and drunkenness (1Gala: 5:21), sodomy (Gene:19:1-26), greed (Luke 12:15), judging others (Matt: 7:1), and, hypocrisy (Matt: 23:25).



    “Hey Seagull, did you list hypocrisy last because you wanted to save the best for last?” “No because it is consistent with 1 Corinthians 13:13 and I wanted to save the ‘greatest’ for last.” “But Seagull, doesn’t 1 Corinthians 13:13 read ‘But now abide faith, hope, love, but the greatest of these is love?’” “Sure it does.” “Well what does that have to do with ‘hypocrisy’?” “Oh, about as much as the scriptures cited in the “muck sheet” have to do with casino entertainment ‘violating many scriptural themes.’”



    The “muck sheet” asks three “like duh” questions about “your neighbors.” Questions designed so that 99.99 percent of a sane population would have to answer “No.” Each was followed by a baseless conclusionary statement allegedly supported the scriptural reference that immediately followed. Not one of them, in the Ole Seagulls opinion, “clearly,” logically, or honestly supported the baseless conclusionary statement it followed.



    As an example, the first of the three questions on the “muck sheet” asked, “Do you want your neighbors to destroy their families?” What other answer is there except “No.” That was immediately followed by the statement “Gambling breaks marriages and homes of many families due to deceit, addiction, alcoholism, and violence.” Coherency aside, exponentially what has broken up more marriages, homes, and families “adultery,” or “casino entertainment?



    How much would one bet on the proposition that “alcoholism” is caused by “gambling” rather than the abuse of alcohol? That “deceit” is caused by casino entertainment rather than lack of character and dishonesty or that “addiction” or “violence” is caused by casino entertainment rather than by the lack of self control?



    The scripture listed as supporting the statement is “And the two will become one flesh. So they are no longer two, but one. Therefore, what God has joined together let man not separate. (Mark: 8:9)” Can any responsible person, Christian or otherwise, honestly look anyone in the face, let alone those whom they go to church with or those who have come to their church seeking the love, comfort, and salvation of Jesus, and say that the passage “is clear about gambling violating its scriptural theme?”



    The “muck sheet” further states that scripture “guides us to not walk with the wicked nor stand with sinners.” Unless Romans: 3:23 is wrong when it says “all have sinned and fall short of the glory of God,” wouldn’t our churches be “mired” in loneliness without us sinners? Did Jesus come to call the righteous or the sinners?



    Sadly, although the “muck sheet” quotes Matthew 22:39, “You shall love your neighbor as yourself,” it is devoid of any attempt to show that love and ignores the admonition contained in Matthew 7:5 which says, “You hypocrite, first take the log out of your own eye, and then you will see clearly enough to take the speck out of your brother’s eye.” It appears hypocritically “mired” in the muck of ignoring the “logs” of adultery, greed, drunkenness, hypocrisy etc. and the havoc they reap while, comparatively speaking, condemning the “speck” of casino entertainment.



    How is the love of Christ shown in the “muck sheet?” How does it further the work of God’s kingdom? “For Pete sake Seagull, get real, do you think that the people who wrote the “muck sheet” cared one iota about anything except not having the people who read it vote ‘YES’ for Amendment 1 on August 3?” “Well, if they did they hid it well, very well indeed.”



    “But Seagull, your headline says that ‘the word of God is clear- He loves those that will vote YES on Amendment 1.’ Won’t He also love those that don’t vote YES on Amendment 1?” “Of course He will, ‘For God so loved the world, that He gave His only begotten Son, that whoever believe in Him should not perish but have eternal life.’ (John: 3:16) It’s an unconditional gift that applies to all who will accept it, those that vote YES on Amendment 1 as well as those that don’t vote YES.” “But now abide faith, hope, love, but the greatest of these is love.”



    Gary Groman, a.k.a. “The Ole Seagull,” is an independent columnist and the editor of the Branson Courier. He may be reached by clicking here or by calling 417-339-4000.

  • Dred Scott Drama in Branson Aug 13 & 15

    Creative Arts Ministries Evangelistic Outreach of Jefferson City, Missouri will present a stageplay on the life of Dred Scott in Branson.


    Creative Arts Ministries Evangelistic Outreach, a Jefferson City, Missouri Christian

    based not-for-profit organization devoted to creative arts for stage, radio, television and film, announced today that they will present the stageplay Our Freedom Was Worth The Fight: The Dred Scott Decision on Friday and Sunday, August 13 and 15 at the Musical Palace Theater, 2353 W. Highway 248, Branson.


    Our Freedom Was Worth The Fight: The Dred Scott Decision is adapted from an award-winning screenplay, written by Jerii Rodman, and edited by husband Philip Rodman. The screenplay , winner in the best-drama category at The 2000 Santa Clarita (California) International Film Festival, is based on the true life events of Dred Scott, the Missouri slave who, in 1857, sued and won his freedom in the United States Supreme Court. This historic case became one of the main catalysts that ignited the Civil War, the most intense battle in America’s history.


    Writer and stage director, Jerii Rodman says she wrote the screenplay because of her passion for the story of Dred and Harriet Scott. Their personal struggle and triumph during an emotional period in America’s history is one we can all relate to. “Slavery was wrong. It dehumanized many people, both Black and White, and should not have been a part of our history. From this stageplay, I want people to know that Dred and Harriet were devoted Christians who never gave up their fight for freedom. They were determined to stand against all odds by challenging the status quo. Our goal is to make the audience understand that even in the midst of overwhelming obstacles, we can be victorious if we don’t lose hope. One reason Dred and Harriet Scott gained their freedom is because they refused to quit.


    (MORE)







    PO Box 105342 ● Jefferson City, MO 65110 ● (573) 634-7174/(573) 634-7174 * 51, fax



    Cont.




    In fact, that’s why we titled our screenplay Our Freedom Was Worth the Fight. Anything important is worth fighting for.”



    Our Freedom Was Worth The Fight: The Dred Scott Decision will be performed live on Stage, Friday, August 13, 2:00 p.m., and Sunday, August 15, 3:00 p.m. at the Musical Palace Theater, 2353 W. Highway 248, Branson. Tickets are $19.00 for Adults, $15.00 for

    Children 12 and under, and Seniors, 65 and older. Group Rates are $15.00 per ticket for 10 or more people. For more information about the production, call Creative Arts Ministries Evangelistic Outreach at (573) 634-7174. For tickets, call the Musical Palace

    Box Office, (417) 339-1960


    “We urge people to come out to see this powerful performance that will enlighten the audience about an integral part of Missouri’s history,” says. Mrs. Rodman.