A last minute beer-related compromise by McMinnville officials will require one more read before the full city board.
The original ordinance would have removed the 300-foot distance restriction between churches, schools and establishments that sell beer. It passed on first read. However, being an ordinance, the measure required two passing reads. Prior to the second one, a negotiation amended the ordinance to remove the distance restriction from the Downtown Historic District only.
While board members on both sides of the issue touted the settlement as a good compromise, city attorney Tim Pirtle has determined the change was a major one that ultimately rewrites the ordinance and a second read is required by the board.
According to Melissa Ashburn, legal consultant from Municipal Technical Advisory Service, the city can establish different distance requirements in different zones of the city as long as there are reasonable bases for the different distance requirements. For example, in a central business district, some cities have no distance restrictions, while businesses located in other zones close to neighborhoods and schools are subject to distance restrictions. As long as the ordinance explains why different distance restrictions apply in the different areas, it will be enforceable.
The measure to remove the distance restriction from only the Downtown Historic District passed 6-1. Voting in favor were Mayor Jimmy Haley, Vice Mayor Ben Newman, and Aldermen Mike Neal, Ryle Chastain, Steve Harvey and Everett Brock. Voting against it was Aldermen Jimmy Bonner.
The next regular session of the board is June 23. If the measure passes again, the Downtown Historic District will be exempt from the city’s current ordinance that requires 300 feet between establishments that sell beer and churches and schools. The distance requirement will remain in effect for the rest of the city.