The beer ordinance binge could end Tuesday night when McMinnville officials meet for what should be the second and final read on removing a 300-foot distance requirement.
On Sept. 23, officials voted to strike a sentence from city policy. That sentence is, “No sale or distribution of beer shall be made at places within 300 feet of any school, public or private, kindergarten or churches.”
The measure passed 4-3. Mayor Jimmy Haley, Vice Mayor Ben Newman and Aldermen Billy Wood and Rick Barnes were in favor of it. Aldermen Ken Smith, Mike Neal and Jimmy Bonner were against it.
Over the last month, a brewing controversy has divided people into two groups with supporters saying the 300-foot distance is a hindrance to some property owners and should be removed, and opponents saying the distance offers a benefit to churches and schools and should remain.
Neal says both sides should be aware removing the 300-foot distance would leave a vague restriction left to interpretation.
“The proposed changes offered to ordinance 1403 make it even more problematic in my opinion,” he said. “If the language to remove the 300-foot boundary is removed it will still read as follows: ‘No sale or distribution of beer shall be made except at places where such sale or distribution will not cause congestion of traffic or interference with schools, churches, or otherwise interfere with public health, safety, and morals.’”
Left unchanged, Beer Board members, whose job it is to follow city code in considering beer permit requests, would be left to determine for themselves what would interfere with public health, safety or morals, as well as what would cause traffic congestion.
A 300-foot distance actually offers a benefit to property owners, says Neal, because without it, members of the Beer Board might determine a suitable distance could be much further than 300 feet.
“The 300-foot boundary actually protects a business because it is presumed that no such congestion or interference would be taking place as long as the business was located 300 feet away from churches, schools, and kindergartens,” he said.
Neal generated the following information: Nashville imposes a 100-foot distance; Memphis a 250-foot radius measured from center of the street in front of such an establishment and its ordinance also includes single-family dwellings and duplex residences along with churches and schools; Chattanooga imposes a 500-foot distance for on-premises consumption and 200 foot for off-premises consumption, and Knoxville has a 300-foot distance requirement.
The board’s regular session is Tuesday, Oct. 28 and begins at 7 p.m. No change has been made to the location of the meeting, which is still at City Hall.