The City of Smithville’s Board of Mayor and Aldermen have once again said “No” to a proposed change in the beer ordinance, that would make it easier for some downtown merchants to sell low-end beer. The vote came after the city’s Beer Board recommended the city adopt the change.

During the board’s regular monthly meeting on Monday, February 3, board members voted three to two against amending the beer ordinance which would have eliminated the 400-foot distance requirement between a church or school and a business seeking an on-premises beer permit. The proposed change would have only applied to the C-2 zone, which is the downtown business district.

The ordinance was a hot topic at the meeting with fourteen local business owners, residents, and church leaders speaking on the issue. Twelve people speaking were in favor of the change, including local businessman Bert Driver, who said, “The number one thing I want to point out is that the Smithville city beer board has recommended removing the 400-foot boundary rule in the downtown central business district.”

“The revenue from beer sales goes directly to the benefit of the local school system, two thirds of our sales tax. We generated $2.3 million in this city in about seven years. Last year it was $365,000 from beer sales. There have been no issues with the churches and there are already two businesses selling alcohol in the downtown area. The beer board just gave a permit to a business in the old Pack building,” Driver said.

“The community has expressed a desire for more restaurants downtown which is directly correlated with the sale of beer. Several downtown church members support this change recognizing the growth and development of the town,” said Driver.

Driver was joined by Randy Caldwell, Steven Cantrell, Cheryl Jones, Ken Fennell, Shawn Edwards, Spirit Foster, Amy Allen, Mitchell Bowman, Todd Cantrell, Kim Luton, and Phillip Seagraves, in favor of the ordinance change.

Todd Cantrell of Singer’s Landing said, “It’s been a little over two years since I first came before you to discuss the lack of consistency and fairness regarding the beer ordinances’ 400-foot rule. At that time, there was an appearance, and still is, of favoritism. However, I don’t think there is any favoritism being shown ... I think it is just a bad rule.”

“We have this 400-foot rule and it doesn’t even do what it is supposed to do. It’s supposed to reduce the alcohol, but I can go get a liquor license right now. It’s not going to stop liquor from coming to downtown. It’s only going to stop beer … low-quality, low-level beer,” Cantrell said.

“I’m almost deciding that I should open up a bar and serve pizza out the window, because I can do that, right downtown across from the Presbyterian Church. I don’t want to do that. I want to sell low-level beer. We have a discontinuity in the community on what’s fair and what isn’t.”

Those speaking opposed to the change were Graden Kirksey, minister at Refuge Church on the Public Square, and Dan Gulley, retired minister of the Smithville Church of Christ.

“There is an old adage that says the squeaky wheel gets the grease,” Gulley told the board. “The squeaking is to change Smithville’s current laws and ordinances concerning serving alcoholic beverages which is a change that would make alcohol even more abundantly available than it already is in our city. That squeak has become pretty loud lately. I am here to squeak against that proposal.

“I was drawn here and have lived here all these years and appreciated the beauty and the friendliness of our city. It’s a fantastic place to live, have a family, and raise children. I still believe it’s that kind of place. I don’t think it would be totally destroyed if you pass a new ordinance, but I think it’s a step in the wrong direction away from that kind of wholesome image. I personally would just urge you please to leave those ordinances in place,” said Gulley.

Kirksey also addressed the board, saying, “I do have my personal convictions as far as alcohol goes, but that’s not what I am here to talk about. I have heard the rejuvenation of the public square being repeatedly marketed as a means to have a family friendly area for the community young and old to come and enjoy themselves. I agree with this wholeheartedly.

“With the church here, we have kids from babies all the way up to teens who are running through this area all the time. I have yet to hear anyone in my entire life say, ‘You know what would make this more family friendly? More booze.’ That’s never been said to me and I have never thought that,” said Kirksey.

After public comments, the board again addressed the issue with Alderman Jessica Higgins saying, “I don’t know why we wouldn’t vote in favor of it. If we pass it tonight, we would let a public hearing happen because there is always a second vote that either nixes it or continues it forward. And if they are already allowed to sell higher volume alcohol and beer, I’m not really sure what the hang up is. Since we can’t get this on a referendum, which is what we tried, that would be the next best option to hear from the public.”

Alderman Beth Chandler said, “I have been contacted quite a bit by both sides. It really is a very difficult decision for me. I love so many people in this room and I consider them friends … When you are talking about kids, that is one of my biggest personal concerns because I am a youth leader. I am a Sunday school teacher. I have never had a drink of alcohol in my entire life, but I have had family members die alcoholics … If I vote for this and then I go to my Sunday school or my youth leaders and children on my team they’re going to say ‘Hey, Ms. Beth,’ that’s what I am looking at.”

In the end, Alderman Higgins made a motion to approve the amendment removing the 400-foot distance requirement and Alderman Washer offered a second to the motion. They would be the only aldermen voting in favor. Aldermen Donnie Crook, Chandler, and Shawn Jacobs voted against.