Published: November 17, 2009 01:56 pm      

Alcohol changes for city

Involving fines and inspections

Morehead City Council has passed second reading to make changes to the city’s Alcoholic Beverage Control ordinances. The four changes to ordinance 113 ensure the city is compliant with state regulations, according to Mayor David Perkins.

The first change insures that “the licensed premises be in compliance with all life-safety and building code requirements.”

Other changes include adding language to ordinance 113 to state that the city Alcohol Beverage Control Administrator or Morehead law enforcement officers may inspect the alcohol-selling premises for code violations and that the city ABC Administrator shall have “full police power” in investigation of the business.

“This (language) allows us to make on-site inspections of businesses selling alcohol to make sure that they are in compliance,” Perkins said. “We’ve basically updated it (the ordinance) and made it to where law enforcement code enforcers and ABC are allowed to look for violations of building and alcohol-related issues.”

Upon notice of suspension by the local ABC administrator a business may now pay $50 per day instead of the $100 previously ordained by the council, according to city officials.

“It took (the fine) down a little bit but it still makes people sit up and pay attention,” Perkins said. “This lowers the daily rate of the fines in lieu of a suspension,” Perkins said. “After looking at other communities, we realized that we were way too strong, so we don’t want to just to slap people on the wrist but we don’t want to completely shut them down, unless they need to be shut down.

“We want people to follow the rules, put simply,” Perkins said. “And by changing this per day, a first time fine goes from $1,200 for a first offense down to $850 for a business.

“We felt like that there ought to be personal responsibility on the individual instead of just beating up on a business,” Perkins said. “That doesn’t mean we’re still not going to hold the business accountable.”

Ordinance 113 was changed to fine the clerk selling alcohol to minors stating that “Any person violating (section 113) shall be issued a citation and be subject to the following fines. First violation: The person shall be subject to a $200 fine. Second violation: The second violation within two years of the first violation shall be subject to a $400 fine. The third and subsequent violations: For third and subsequent violations within two years of the second violation, the person shall be subject to a $600 fine.”

“We want businesses and individuals to be responsible in the way you do business as it relates to alcohol,” Perkins said. “The state came in and busted business with a sting operation to minors earlier in the year and after lots of discussion we determined that the businesses had to tried to comply with the rules but it came down to the individual not paying attention or willfully breaking the rules.”

Owner of Roadrunners Bar Francis Wagers came to council to the question where they stood on her request to extend city alcohol sales to 2 a.m. that she placed before the council in its August meeting.

“We had our (Alcohol Ordinance Review Committee) meetings and are making minor changes (to the alcohol) ordinance but that (extending alcohol sale hours to 2 a.m.) was not one of them,” Perkins said. “Sometime in the future we probably would consider it but not in this cycle.”

The City of Morehead allows alcohol sales from 6 a.m. to midnight Monday through Saturday.

“Reno’s, Buffalo Wild Wings and La Finca’s are the only Morehead restaurants that currently have a Sunday alcohol sale license,” City of Morehead ABC Administrator Stephanie Trent said. “You have to seat 100 or more people and have 50 percent (of your profits) from food,” Trent said. The restaurants selling alcohol on Sunday are allowed sales from 1 p.m. to 12 a.m., according to Trent.