Bear Creek Police Chief Kenny Hallmark and Bear Creek Town Clerk Kay Wiginton show the petition voters in Bear Creek can sign if they want to vote on alcohol sales.
BEAR CREEK - Petitions are currently being signed in the town of Bear Creek by those supporting a referendum giving voters a choice about alcoholic beverages being sold or distributed in the town.
Code of Alabama Section 28-2A-1 states that any municipality with a population of 1,000 or more may change its classification from dry (no alcohol sales) to wet or wet to dry through a municipal election.
The population of Bear Creek is current 1,047, meaning the town meets the criteria to begin the process of possibly
The petition currently being circulated reads, “We the citizens of Bear Creek, Alabama, hereby do petition that a municipal election must be held to permit the legal sale and distribution of alcoholic beverages within the municipality.”
“Make sure I can tell who you are that you print (your name), and you do live in the city limits so we won’t have to question anything, and (that you) are registered voters,” Wiginton informed the public signing the petition.
The clerk stressed that voters must both print and sign their legal name and provide their address on the petition.
The referendum would read, “Do you favor the legal sale and distribution of alcoholic beverages within this municipality, yes or no.”
The municipal referendum may be held at the same time as any primary, general, countywide or other municipal election, as determined by the county commission of the municipal governing body, which in this case would be the Marion County Commission, authorities said. The election cannot take place in less than 30 days from the date of filing of petition, state law continued.
Bear Creek town officials have expressed the referendum could possibly be held to coincide with either the primary election on May 24, 2022, or the general election on Nov. 8, 2022, in order to save the town costs of a special election.
Alabama Code reads that costs of the municipal option election, including the cost of a notice of election in the local newspaper at least three weeks before the date of election, shall be paid out of the municipality’s general fund.
“If they could get it done and get it certified to get on this next election, it would actually be beneficial for the town,” Hallmark stated, “because the election is already being held.
“This is giving you the right to vote, whether you are pro or you’re against,” he added. “This is what makes our country good. You have the right to voice your opinion. That’s all this petition is.
“You can sign it (the petition) even if you’re against it to give you the right to say we don’t want it, or we do want it,” Hallmark continued. “Signing that petition does not mean you are supporting alcohol sales or you don’t support it."
having a wet/dry election, according to Bear Creek Town Clerk Kay Wiginton.
The code states that the petition calling for a wet/dry referendum must contain the signatures of 30 percent of the number of registered voters who voted in the last general election of the municipality. The last general election in Bear Creek was in November, 2020, when 296 registered voters cast ballots, Wiginton stated.
Wiginton figured that 30 percent of 296 would mean the town only needs 89 verified signatures of qualified, registered voters.
“We had some people approach us months ago wanting to know what it took for them to circulate a petition to ask the town to put it on a referendum to go wet,” stated Bear Creek Police Chief Kenny Hallmark.
The petition not only has to include at least 89 signatures, but those signatures must be verified by the town clerk as being qualified, registered voters in the town limits of Bear Creek, town officials said.
Once the signatures meet the required number and are verified by the town clerk, the Bear Creek Town Council must pass a resolution calling for an election in order to determine public sentiment as to whether or not alcoholic beverages will be sold or distributed, according to state law.
See complete story in the Northwest Alabamian.
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