Representatives of the Missouri Division of Alcohol and Tobacco Control stated their opinion that they could not enforce perimeter or premises violations against the licensees of the “Chicago Dogs Kiosk” in Branson Landing as the license is currently written. The admission came while Peter W. Lobdell, the State Supervisor for the Missouri Division of Alcohol and Tobacco Control, and Joe Hodgin, District Supervisor, for Region 1, which covers Branson, gave a presentation to the city of Branson’s board of aldermen on July 23, at the request of Mayor Raeanne Presley.
After Lobdell and Hodgin made their initial presentation Mayor Presley opened the meeting up for questions from the public and the board. Among other things, the questioning quickly zeroed in on the issues of people walking up and down the landing with open containers of beer and the size of the area around the Chicago Dogs Kiosk, at Branson Landing, in which patrons purchasing beer from it must remain while consuming that beer.
Lobdell started by pointing out that there was a misunderstanding of the law and that the “consumption must be restricted to the premise.” As to whether or not the term “premises” could encompass the entire Branson Landing he said, “That would be a much smaller place than Branson Landing.” He went on to suggest that it would take legislative action at the state level to permit people to walk all over Branson Landing with open containers of beer.
There was a lot of discussion on just how far people who purchased beer at the kiosk could go before they would be considered off “the premises” and subject the license holder to potential enforcement action. Although there was much rhetoric to the contrary and talk about “common sense,” at the end of the day, based on the way that the current permit is written, it appears that, from a state liquor control enforcement point of view, they could go just about as far as they wanted to.
The city of Branson’s attorney, Paul Link stated that the only language in the permit pertaining to describing the premises related to one building and a “patio,” did not contain the words “adjacent patio.” In fact, a review of “Missouri – Division of Alcohol and Tobacco Control –License Number 160885, applicable to the kiosk in question indicates that it is issued to Hot Concepts L.L.C. dba The Ball Park, 2534 E. Linwood, Springfield, MO 65806. The premises described in the license covers a one story Bldg., including patio area, located at a specific location, 214 Promenade Way, Branson Missouri for the sale of “5% by Drink,” beer.
The city of Branson’s city administrator, Terry Dody asked at what distance away from the kiosk someone carrying a beer purchased at it would subject the owner to enforcement action. Lobdell, in stating his opinion said, “As its written now we could not enforce it because it’s so broad.” Lobdell further stated that had the Division of Alcohol and Tobacco Control been notified of the problem six months ago they would have corrected the situation immediately.
Furnished courtesy of the Branson Daily Independent.
