January 7, 2009 - 07:06
     
Ducktown Forced to consider beer sales

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2008
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As Mayor James Talley put it, “We’re being forced into it.”

A town hall meeting is scheduled for Ducktown on Thursday, 7 p.m. at the Ducktown Courthouse to talk about beer sales. As Mayor James Talley put it, “We’re being forced into it.”

This is the situation: William Bare applied Oct. 27 for an on and off sale beer license on Hwy. 64 property below the Cougar Express. The county Beer Board will have a hearing Dec. 2, 7 p.m. at the Ducktown Courthouse to consider the application. On Dec. 6th, Ducktown’s annexation ordinance, which includes The Beer Mart property, will go into effect. Ducktown currently does not allow beer sales.

The assumption is that The Beer Mart will have to be “grandfathered in” as an existing business when it becomes part of Ducktown. If the city denies Bare a beer license for Ducktown, there could be a costly court challenge. Talley said he wants to get advice from city residents on the best way to proceed if Bare receives a license from the county, which cannot deny a license if all regulations are met.

Talley said the Municipal Technical Assistance Service has advised him that there are a few other options. The city could allow Bare’s business but create an ordinance whereby that license can never be transferred. That, however, could lead to a legal challenge by others businesses interested in selling beer. The city could also create a beer sales ordinance and establish specific areas where beer could be sold, such as the commercial area on Hwy. 64.

“I’m neutral,” Talley said, adding he wants to do what the majority of the public wants. “I’m looking for advice,” he said, noting the council does not want to spend money on a court challenge unless the citizens are in favor of that. “The question is, is it worth the battle?”

Talley said there is no legal precedent for this situation, where a county license could be granted between the time annexation is approved and the time it actually goes into effect.


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