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05/18/1992i MINUTES OF THE ALCOHOL ON PUBLIC PROPERTY COMMITTEE May 18, 1992 The Alcohol on Public Property Committee met in special session, Monday May 18, 1992, Fairgrounds Exhibit Building, 5:30 P. M. to 7:00 P. M. Chairman Jim Bell, called the committee meeting to order with Councilman Billy Joe Burnett, and Councilwoman Millie Ingram present. Also present was City Clerk, Mattie Cunningham. Chairman Bell called upon Reverend 0. D. Robinson to give the invocation. Chairman Bell asked for a show of hands of those who attended the first public hearing. Chairman Bell explained that in late 1991 an item was placed on the agenda for the City Council meeting, that item was not requested by any of the City Councilmembers to his knowledge, but it did call for us to be considering the drafting and authorization to draft an ordinance to allow for the sale and consumption of alcohol on the Paris Fairgrounds. The City Council in that first meeting defeated that issue very quickly with a vote of 6 -1, there was no discussion. It was not the intention of the City Council at anytime to allow the sale of alcohol and not anytime to allow it to be consumed on the Fairgrounds out on the grounds, in fact what has happened over the past, since about 1943 or so when Paris was voted dry, the colissum and the buildings on the Fairgrounds have been leased out from time to time for private functions and for public fund raising functions in which alcohol has been consumed, and in fact, it was done so legally for many years, but several years ago an ordinance was passed in order to give the City additional enforcement means to prevent alcohol being consumed in public areas. That Ordinance does not go back forty years by any means, T. K. Haynes could not recall the date, the fact is that ordinance was passed, and as he began to explore that ordinance he realized that his interpretation would be that that ordinance would apply to the buildings on the Fairgrounds, and he called and asked that the item be placed on the agenda, again, the City Council was not in favor of allowing the sale or consumption on the Fairgrounds, or the sale of alcohol anywhere. The Council defeated the first item, asked that it be place back on the agenda for a later date, and at that time the Council had instructed the staff to bring back an ordinance that properly restrict the consumption of alcohol to inside buildings at times when other major events were not taking place, rodeos, fairs, basically to draft an ordinance, and it was fairly complicated, that would allow the people of Paris to do what they have been doing since the middle 1940's. It was the feeling of the Council at that time that we were drafting something, since it has been going on since the 1940's, that the people of the City of Paris did not object to. We found that to be wrong, and a number of people did object and came forth with a petition. That petition, according to City Charter, was duly and properly filed required the City Council to do one of two things, rescind the ordinance, and /or call a general election on that item. What we are here for tonight since the Council did rescind the ordinance, we are left with only one option at this point, and the Page 2 Alcohol on Public Property Committee 5/18/92 public hearings are to address that option. Should the City of Paris call a general election, spending approximately $3,000.00, or allow the ordinance to stay as it is. At this time Chairman Bell declared for anyone speaking for calling a alcohol on public property to come speak for the issue. the public hearing open, and called general election for consumption of forward, there was no one present to Chairman Bell called for those to speak against the issue to come forward, and David Scherler representing himself appeared before the Committee. Mr. Scherler told the Committee that he has two boys, and one is nine year old and plays in the Boy's Club Baseball League. The games are scheduled throughout the evenings during this time of year, the baseball fields they play at are all around the Fairgrounds. If alcohol were to be served on the Fairgrounds, those who consume the beverages must drive home by the place that his son is playing baseball. Mr. Scherler said he did not believe that you can guarantee that no one will be over the legal blood alcohol limit when they leave an event where alcohol is being served here on the Fairgrounds. That jeopardizes the safety of his child. If someone were to hit a child and kill them after consuming alcohol on City property in a county that is legally voted dry the resulting law suite would financially bankrupt our City. Mr. Scherler said it is your job as our City Councilmen to uphold the law that has been voted on by citizens of this county. We are creating a double standard when we tell out children to stay away from drugs and alcohol, and this as a community allow it to be consumed on City property. Mr. Scherler urged the Committee to vote against any change in the ordinance, and not to allow the consumption of alcohol beverages on City property, and further stated that there should not be an election held as a result of the showing of people that have appeared against the issue. Lorene Thrasher, 1343 Pine Bluff, appeared before the Committee stating that she was always taught that when she saw a warning sign that there was a danger in front of her, and tonight, as she sees it, there is a danger in front of us in our City which she thinks is such a precious place to live. Mrs. Thrasher told of her daughter -in -law who left work one night who was hit by a car driven by two boys who had been drinking. Mrs. Thrasher said it broke her neck, and they said they were going one hundred miles an hour, she did not have a chance, she survived this wreck, but she had to sell her business, they did not have any insurance, if she had not paid for it herself. Mrs. Thrasher urged the Committee to keep our City clean by not allowing alcohol consumption on public property. Joe McDowell, 3021 E. Houston, pointed out the fact that one of the greatest problems we face today is the breakdown of the family, and it is caused by a lot of reasons, alcohol being one of them. Mr. McDowell said that children follow the example of adults, if they see their parents drinking chances are they are going to drink. Mr. McDowell said we all need to be examples, whether we are in government or in private business. This was one of his concern, and he sees no reason for government to sponsor alcoholic beverages. Page 3 Alcohol on Public Property Committee 5/18/92 Councilman Bell again pointed out that the Council has never, nor does this ordinance allow for the sale of alcohol anywhere, also, for a point it would not allow even the consumption in these buildings during the fair, rodeos, or anything, in fact the way it was written would put it back the way it's been for forty something years. If this building here was the building that would be subject to, the first thing is a permit would have to be applied to through the City, you have to get an okay from the City for the event for that particular evening, you then have to go and comply with all the State laws that require bonds and other things. There is also a requirement for private club license to be issued, and the insurance would be addressed under it. If we take no action, there will never be sale or consumption of alcohol here because it has been rescinded. If we take action, the only action we can take is to call and election. The election would determine whether you would have the consumption under the original ordinance, not under an amended ordinance, and realistically I see no reason to spend that kind of money to have an election for consumption of alcohol inside four buildings inside the City of Paris. K. D. Yancey, 2705 Willow Ben, stating that she has lived in the City of Paris for seven years, and she feels this a moral issue, which she believes in. Ms. Yancey said she did not believe that alcohol in itself is evil or immoral, but because of the mine alternating effects of alcohol, people are sometimes let to immoral acts. Mr. 0. D. Robinson asked the question on how the public hearing came about. Chairman Bell answered Mr. Robinson's question that it was ordered by the Mayor, and he though that at the Council meeting at the Police Station, when I went into that meeting, I had read the Charter, and I realized that if the Council had taken no action at that meeting, and it was recommended by one Councilman that we take no action. If we had taken no action, the City Charter automatically called for the rescinding of that ordinance within sixty days if a general election was not called, it further said that the ordinance itself could not be enforced, well, the ordinance at that time said we could have alcohol, and you could not enforce it. Upon filing of the petition that ordinance had no force of effect, and would automatically been rescinded had we taken no action if the Council did not, now why the Mayor called the public hearings, I think he may have got the cart before the horse. I do think he realized that we might take the action that we did which rescinded the ordinance, and when I read the Charter, I saw clear action, rescind the ordinance, but I think he had preplanned to call the public hearings, he appointed the committee and addressed it and told us to go hold public hearings. Ken Slagle, 430 N. E. 34th Street, appeared before the Committee telling them that he is not for holding a general election it will cost him twice, it will cost him as a taxpayer to hold the election, then it will cost him as an individual to fight it because he was against it. Mr. Slagle said this was an issue that divides the City, and Paris does not need issues that divide the City, we need issue that we can unite behind. Mr. Slagle said what Paris does not need is more immorality, Page 4 Alcohol on Public Property Committee 5/18/92 what we need is morality. The last thing thing the City of Paris need is another outlet for alcohol, we need more teen clubs, we need more places for our young people to go that sets a good example, we need more senior citizens activities, more big brothers and big sisters to help take care of these children that alcohol has contributed to the loss of their mothers or fathers, we need more foster parents, we need streets that are safe for our families, schools that are free from drugs and alcohol, and as Mr. Slagle stated before we need more morality not immorality. Chairman Bell told the audience that the Council has been, and are addressing some of the issue that you discussed, in fact if you have been watching the City they have been negotiating a lease on the Old Safeway Building to turn that into a club that the Police Department and other volunteers will be offering to teenagers to help take them off the street and direct their attention. There is a lot of discussion, and we invite the public's input into that. The building of almost 20,000 square feet would not be used during the day, so therefore we are opening up and discussing it that it be open to senior citizens meet. We have discussed the fact that the youth and the senior citizens could intermingle and share their ideals because some of the greatest wealth that we have in the nation is the knowledge of senior citizens that have been through life, and if they could share thing like that it would be great. Councilman Bell said if anyone had the opportunity we would like for you to talk to the Chief of Police, Karl Louis, and volunteer you time. David Philley appeared before the Committee stating that in the first meeting he hear the Mayor make the statement "Why pick on Alcohol" the general public did not pick on alcohol, the Council did, and wanted to know who is pushing the Council. Mr. Philley said he could not believe that the Council is for this to open up City buildings and allow alcohol to be consumed. Chairman Bell told Mr. Philley that no one was pushing the issue, it was brought before the agenda by the City Attorney who made an interpretation of the ordinance, and that is what first placed it on the agenda. Chairman Bell told Mr. Philley the process that the Council went through to get to this point. Mr. Philley said again he did not understand why there has been so much pressure on this issue, once it was rescinded. Why would they let T.K. Haynes govern a seven person Council, he did not understand that, he is to interpret the City ordinances and laws of the City, and not make laws. Roy Brooks, 1175 33rd S. E., was present telling the Council that one American life is lost every 23 minutes due to alcohol related accident, 67% of child beatings are alcohol related, 40% of forceable rapes are alcohol related, 30% of all suicides are alcohol related, 64% of homicides either the attacker or the victim had been drinking. Mr. Brooks said he had received a new letter from St. Josephs Hospital today, and in it it stated that alcohol and drug abuse cost the nation $144.1 billion dollars a year. These number means nothing until they Page 5 Alcohol on Public Property Committee 5/18/92 become personalized when they become a member of your family. Mr. Brooks asked the committee on behalf of his family to do nothing, the law is as it should be, let it stand. Bill Felpts, 401 19th S. E., stating that he thinks it is sad that we have to have drug dogs and police on our school campuses now, our churches are empty and our jails are full. Mr. Felpts said he was speaking not just as a minister, but as a father, and a grandfather. He said that he had children and grandchildren who are going to be exposed to all of these things that we have been talking about. Mr. Felpts said he strongly resented having to drag these meetings out, we should not be the ones that are on the defense, it should be the City Councilmembers who should be on the defense. No one else appeared, and the public hearing was declared closed. Petitions were received containing 165 names against the sale or consumption of alcohol in public buildings. There being no further business, the meeting adjourned. ATTEST: MATTIE CUNNINGHAM, CITY CLERK JIM BELL, CHAIRMAN