DOUBLE SPRINGS - In a mixed vote, the Double Springs Town Council at their Monday May 10, meeting, approved selling alcoholic beverages for on-premises sales on Sundays only at restaurants or eating establishments.
Under the present law, alcohol sales at Double Springs restaurants, as well as convenience stores, cutoffs at midnight on Saturdays and does not resume until midnight early Monday.
The council took the mixed vote after a short executive session recommended by their attorney, Jeff Mobley, in order for council members to discuss the legalities of the issue.
Shannon Banks, owner of Lakeshore Restaurant and Golddiggers Bar and Grill, who had brought the concern before the council, was not allowed to discuss the issue with the council during the executive session, which was only for council members, the mayor and the attorney.
Banks had, earlier in the meeting, approached Mayor Elmo Robinson and council members about how the lack of Sunday alcohol sales has created a negative effect on his business.
“You’ve got the lake atmosphere,” Banks told the Alabamian during the executive session. “The city depends on that. That is probably one of the largest city taxes they are getting off of me.
“You have other places on the water that are already selling alcohol,” Banks added.
It should be noted these areas are not in Double Springs town limits, but are on the Cullman County portion of Smith Lake, officials discussed at the council meeting.
Portions of the Lakeshore area, including Lakeshore Inn and Restaurant were annexed into Double Springs town limits in 2015.
“We have had people who have stood up and walked out (of the restaurant) because they can’t get a beer. We’re not talking about big parties or anything like that, (but) people passing through there,” Banks continued.
“People just want to have a beer with lunch or whatever. We’ve actually had them get up and leave and go on to Decatur or somewhere they can have a beer,” Banks pointed out.
Banks informed the council that holidays were approaching where people would be visiting from out-of-town and might stay at the motel and dine in the restaurant.
Mobley informed the council they can vote to allow Sunday alcohol sales for on-premises and/or off-premises.
“In other words, you can pass an ordinance that says that we’ll allow Sunday sales in restaurants only,” Mobley said.
The ordinance will need to read that in-person sales of alcohol on Sunday must be after 10 a.m., Mobley added.
“That would certainly be my recommendation if you want to do it,” Mobley informed the council. He specified that Sunday sales would be on-premises restaurants only.
Robinson asked each council member their thoughts about the option of having Sunday alcohol sales.
“I don’t see a problem with it,” Tim Cockrell said. Council member Andy McSpadden asked if Sunday alcohol sales would include hard liquor.
“I am just trying to get an idea,” McSpadden said. Banks responded most of it would be beer.
“Do you think it is going to hurt your church sales as far as people going to church and eating on Sundays?” Cockrell asked Banks.
“I don’t think so,” responded Banks. “I am not going to lie. We do have people that come in and sit in the bar area.
“Our weekend stuff is mostly families,” added Banks, noting Lakeshore has not hosted a band in the bar area since the COVID-19 pandemic began.
“I understand what he is saying,” Brittney Tucker said. “But I am not a drinker.”
“I don’t have a problem with it,” council member Hobby Walker said.
Police Chief Kim Miller noted he did not think Sunday alcohol sales would affect law enforcement.
Banks discussed legislation that allowed for the sale of alcohol on Smith Lake. The legislation allowed for the sale of alcohol at restaurants on Smith Lake, regardless of whether a county is wet or dry.
According to Banks, any marina that has 30 boat slips with a restaurant that seats at least 100 people, 50 of those seats inside the restaurant, would be allowed to serve alcohol for on-premises consumption.
Council member Adam Veal told Banks he would probably lose some revenue from the church crowd over Sunday alcohol sales at Lakeshore.
“On the holiday weekends, you’ll probably gain a lot,” Veal said. “That’s a business decision you need to think about.
“People who are not for it need to have a voice,” Veal added. “I would need to vote that way and be that voice. I know there would be a lot of people who didn’t want it, as well as a lot of people who would want it.
“For me, I couldn’t support it,” Veal said plainly.
“I am with Adam,” Tucker said. “I see your side completely, but I can’t vote for it from my own convictions.”
Robinson then called for a motion to vote on the matter, but the motion was followed by several moments of silence.
Banks then brought out an option of de-annexing property, such as Lakeshore Inn and Restaurant, that was included in the 2015 annexation into the town limits.
“Is the city going to honor the de-annexing, in 10 years, like they promised everybody that annexed in?” Banks asked Robinson and the council.
“We didn’t promise any de-annexing,” Robinson responded.
Ordinance 2015-15 reads that on Nov. 22, 2014, Raymond Banks filed with the town clerk a petition asking that certain tracts or parcels of land be annexed into the Double Springs town limits.
The petition contained signatures of all the property owners of the described territory, with the governing body (council) determining the certain tracts or parcels of property to be annexed.
The ordinance--which was adopted on Feb. 26, 2015, and signed by Robinson and Clerk Kim Ownby--however, nowhere mentioned that properties annexed into the town limits could be de-annexed after a 10-year period.
“The territory described in this ordinance shall become part of the corporate limits of Double Springs, upon publication of this ordinance as set forth in section 3,” the ordinance simply read.
“I believe my question was what happens in 10 years, when people want to de-annex and you said it won’t matter, that you are already annexed in down there,” Banks returned.
“Everybody I got to sign up was under the impression because that is what was said, no property tax, and de-annexing in 10 years if they didn’t want to be in it,” Banks added.
This statement was followed by several moments of silence.
“Do we have to make a decision right now?” Cockrell asked.
“It would be good if we did,” Robinson responded. “It would be good if you had it before the Memorial Day weekend.”
Mobley, at this point, recommended the matter be discussed in executive session before a decision was made in a regular open meeting.
Veal made a motion for the council to enter executive session, with Cockrell seconding and all voting in favor.
“When all of that (property) was annexed in, the city promised everybody annexed in they wouldn’t be charged any extra on the property tax for 10 years, and after 10 years, if they didn’t want to be in the city limits anymore, they could be de-annexed,” Banks told the Alabamian during the executive session.
“I am going to have a problem if they let other people de-annex and not let me de-annex,” he added. “I want people to do what their word was.
“I don’t want to do that because I know the city gets a benefit off me down there,” he continued. “They are getting alcohol tax.”
For fiscal year October 2019-September 2020, the Town of Double Springs collected a total of $108,618.17 from all businesses selling alcoholic beverages in the town limits, according to figures provided by town officials.
“I am all for the City of Double Springs and want them to prosper, but they are also kind of holding me back from doing what other people on the lake are doing,” Banks continued to point out.
“In 10 years, if they are not going to let me sell on Sunday, I want to de-annex because I apply to those rules just like everybody else does on the lake as far as serving alcohol,” Banks said.
After 10 minutes, the council came out of executive session and reconvened into an open meeting.
It was discussed that Sunday alcohol sales would be from 12 p.m. until 12 a.m. and would be considered for restaurants or eating establishments only, not for convenience or liquor stores.
Walker made the motion for Sunday sales as such, with Cockrell seconding the motion.
The vote was for on-premises license for alcohol consumption on Sunday from 12 p.m. until 12 a.m., meaning the motion was for restaurants only, not convenience stores, Mobley emphasized.
Voting yes were Walker and Cockrell, with Veal and Tucker voting no.
Member Andy McSpadden abstained or did not vote, so the vote was split 2-2 until Robinson, who has the authority to break a tie, voted yes, giving the consent for Sunday alcohol sales on an 3-2 vote.
“So it carried,” Robinson said.
A council member has a legal right to abstain from a vote, officials confirmed.
The new ordinance, explaining that the Town of Double Springs will have Sunday alcohol sales on-premises for restaurants only, is currently in the process of being drafted.
See complete story in the Northwest Alabamian.
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