“Happy Hour” for those wanting to see the sweeping changes proposed by Branson’s new liquor control Ordinances (LCOs) should be during the Consent Agenda portion of the July 28 meeting of the Branson Board of Aldermen. After extensive debate at the boards July 14 meeting, the LCOs passed their first reading. In the normal course of things, items approved for their first reading are placed on the Consent Agenda for the next meeting, are approved and become final as part of the board’s approval of the total Consent Agenda without further public discussion.
Subsection 2-54(i) of the Branson Municipal Code entitled “Regular meetings; rules of procedure” states there will be no discussion of separate items on the Consent Agenda “unless members of the board or staff request that a specific item be removed from the consent agenda for individual consideration and discussion.” It continues to advise, “Any citizen that would like to have an item removed from the consent agenda so discussion can occur should notify a board member requesting that item be moved for discussion.”
At the July 22 work session of the Board, City Attorney Paul D. Link advised the board that Attorney Richard Bryant from Kansas City, the attorney who actually drafted the proposed LCOs for the city has been on vacation and just got back into his office on July 21. He said he has sent information to Bryant containing “basically the bullet points of the issues raised by the citizens at the last meeting and a request that he review, what he called “black line’ law” to make sure that it was in line with state law.
Alderman Bob McDowell said, “Verbatim Paul” and indicated he wanted to see a comparison of the proposed LCO’s to state laws and regulations. In both the public meeting held on the LCOs prior to the July 14 meeting of the board and the July 14 meeting, members of the public expressed concern about the volume of the regulations and their perception that the record keeping and certain other requirements go far beyond what state law requires and what is necessary to solve the liquor control problems within the community.
Alderwoman Cris Bohinc said, “We’ve promised many citizens that we would have ample information for them in advance so that they too could look through it.” After further discussion on what and when Bryant could reasonably be expected to be ready by July 28, Branson City Administrator, Dean Kruithof suggested Bryant needs the opportunity to listen to the comments that were made and the opportunity to put together a document that clearly specifies what is unique to Branson’s new LCOs and what is in the state requirements.
Alderman Stephen Marshall said he understood but there were a couple of things that had been recommended that he knows are not in state statute and are over reaching. He said he had been checking the LCOs of other towns and cities in the state. He expressed his opinion that the provisions of the proposed LCO, particularly as relates to licensing is “way over the top” as compared to the others and the policing of the ordinance should be left up to the police department as opposed to a “liquor czar.” Marshall went on to state, “Quite frankly, I don’t see how we can approve on Monday” and suggested that the section of the ordinance the police department is particularly interested in be handled separately. After further discussion on the issue Alderman Stan Barker, acting in his capacity as Mayor Pro Tem appeared to sum up the general feeling of the board when he said, “This is too important to rush through it. Even though we know we can make changes to it later we want to get it as close to right as we can the first time.”
On the advice of City Attorney Paul D. Link the board determined that a separate ordinance containing only Section 10-81 of the proposed LCO, entitled “Drinking in public,” will be presented to the board for approval by a first and second reading at the board’s upcoming July 28 meeting. This provision addresses, among other things, one of the publically expressed problems with the city’s current LCO, the public consumption of alcoholic beverages in areas open to the public that are away from the premises licensed to serve or sell them.
There was discussion among the board members about the LCOs being removed from the Consent Agenda and what would happen at the meeting after that. Based on that discussion and the fact the city has announced Bryant will not be at the July 28 meeting, there is a strong likely hood the proposed LCO will be removed from the Consent Agenda and postponed to some future date after the information requested from Bryant has been received and the board, city staff, and the public have had a chance to review it.
Reprinted with permission of the Tri-Lakes Tribune, a free newspaper published and distributed three times weekly, Sunday, Wednesday and Friday. Please call 417-336-NEWS (6397) for classified and display advertising opportunities.
