Tuesday night’s Board of Aldermen meeting brought a new angle to the controversial Beer Ordinance and the setting of a work session on March 27 at a not yet announced time to straighten any concerns over a proposed replacement ordinance. Starkville city attorney Bill Stark presented what he called a new ordinance that he said will end any questions and controversy over the city’s rules and regulations concerning the sale of beer and light wine at restaurants and stores, but the mayor and some members of the Board of Aldermen aren’t so sure.
Mayor Mack Rutledge told Stark that his “statement saying this (proposed new ordinance) will end controversy amazes” him. Rutledge said the “totally unacceptable” proposed ordinance leaves too many holes that could possibly lead to the legalized selling of cold beer, as well as leading to what he called many more problems. Rutledge agreed with Stark that the current ordinance does copy state law in some parts, but he said the current ordinance protects the morals, safety, welfare and health of the Starkville community.
However according to Mississippi law 67-3-65, the legalizing of selling cold beer in Starkville may not be a matter that the mayor or the Board of Aldermen has any legal control over.
The law states, “Municipalities may enforce such proper rules and regulations for fixing zones and territories, prescribing hours of opening and of closing and for such other measures as will promote public health, morals and safety, as they may by ordinance provide.”
During the March 5 meeting Stark told the mayor and Board of Aldermen that his reviewing of the ordinance, as part of their request, brought him to the realization that Mississippi law only allows city municipalities to regulate distances from schools and churches that alcohol can be sold as well as the times that it can be sold. Stark told the Board of Aldermen, per their request, that he prepared a simple ordinance that would “repeal the ordinance we have.”
Ward 6 Alderman Roy Perkins, who like Stark is an attorney, said he was not in favor of changing a “workable” ordinance. Perkins also said he did not want to vote or extensively discuss the matter without first notifying the public.
Ward 4 Alderman Lee Beck said he finds it hard to agree with fellow members of the board on the issue.
“I can’t believe that Starkville residents want the city to continue to break state law,” Beck said. “Another thing I don’t understand is questioning our city attorney. We pay our city attorney to advise us and some of us don’t want to listen.”
“I am not in favor of a sweeping change of our ordinance,” Perkins said. “I hope that we will take this (proposed new ordinance) as a recommendation only.” Opposing the views of Perkins and Rutledge, Ward 1 Alderman Marie Lee said if the current ordinance is so effective there would be no need for the task force (which Perkins was a member) “six months ago to take it apart” and review it.
Ward 3 Alderman P.C. McLaurin Jr. told the Board of Aldermen that keeping and enforcing an ordinance that is really under the state’s jurisdiction “bothers” him.
The time of the March 27 work session has not been set; however, the meeting will be open to the public.