Last weeks column entitled, “The ‘Odyspin Virus’ – Part 1 – Silence the public,” which can be viewed on the internet by clicking here, discussed how the Odyspin Virus has infected the public’s ability to speak at City council Meetings.This week’s column explores how it has infected the City’s ability to regulate the expansion of the drinking of alcoholic beverages into its theatres, theme parks, and amusement parks.
The issue isn’t whether or not there should be expanded regulation.That is something that is between the community and those elected to represent them.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.That’s kind of difficult to do when the Odyspin Virus has so infected City Hall and the Board of Aldermen that the prevailing attitude, regardless of existing state law, is that, “The City does not have the ability to regulate alcohol in theatres.It is a state issue to be taken up with the State of Missouri.”
Why is it even an issue in Branson?Over the years, a large part of Branson’s promotional “brand” has been the wholesomeness, Christian values, patriotism, and family values associated with its entertainment environment.Mr. Ross Summers, Chamber Executive-Vice President, was recently reported as having said, “Branson is family-friendly, wholesome entertainment. It’s based on Christian values and patriotic themes, and we believe gambling doesn’t represent those values.”
“Alleluia brother.” But neither does the spread of the sale, serving, and consumption of alcoholic beverages, from their traditional venues, into our theatres, theme parks, and amusement parks where, traditionally, they have not been served.Does it?
At the
When the “spin” fell short on the procedural aspects, the tape of the meeting shows that Wichmer, said, “Actually Mr. Groman, what I am trying to point out to you, since you raised the question, is that the City does not have the ability to regulate alcohol in theatres.It is a state issue to be taken up with the State of Missouri.”As one who would walk into a room full of “dribble” and ask where the “dribbler” was, the Ole Seagull instantly knew he was standing knee deep in “Odyspin Virus Dribble.”
In response, the Ole Seagull stated words to the effect, that although the State controls the initial licensing, there are statutes that permit the Cities to regulate the sale of alcoholic beverages within their jurisdictions and “you are aware of them.Aren’t you?”Never answering the question directly, a distinct symptom of the “Odyspin Virus,” Wichmer said, “I stand by my opinion.”
Among other things, Section 311.220 of Missouri’s Liquor Control Law authorizes the Board of Alderman of a City to “make and enforce ordinances for the regulation and control of the sale of all intoxicating liquors within their limits.”Further it permits them to “provide for penalties for the violation of such ordinances, where not inconsistent with the provisions of this law.”
In May of 2001, in the case of “State of Missouri, Respondent v. Entertainment Ventures I, Inc,” the Missouri’s Supreme Court specifically addressed the application of Section 311.220 to local regulation.In discussing the application of Section 311.220 to Section 311.095, the very statute authorizing the liquor licenses to the businesses that Wichmer says “the City does not have the ability to regulate,” the court said, “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.”
Evidently they didn’t put it simply enough. At least not for the “Odyspin Virus” that seems to thrive on an environment of created confusion, “smoke and mirrors,” making the simple complex, and the controlling of public input into the processes of government.Whether or not Branson chooses to exercise the authority given to it by statute is one thing but having that authority is a matter of law and even the “Odyspin Virus” cannot change that!
