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Minutes 2021-07-20 Work Session1 PRATTVILLE CITY COUNCIL WORK SESSION MINUTES TUESDAY, JULY 20, 2021 5:30 P.M. The Prattville City Council held a W ork Session on Tuesday, July 20, 2021, at 5:30 p.m. in the Council Chambers at City Hall. Council President Starnes announced the Work Session was to discuss an ordinance to amend the City of Prattville Code of Ordinances, Chapter 38 – Business Licenses and Taxes, Article V, Section 38-315 – Outdoor Alcohol Sales. Council President Starnes noted the W ork Session was strictly for informational purposes and there would be no action or vote taken during the meeting. He stated action on the ordinance would be scheduled for Tuesday, August 3, 2021, during the City Council meeting. Council President Starnes advised that during the Work Session, the floor would be open to citizens who wanted to discuss the matter at hand and all other comments would be held until the appropriate time, during the public hearing or regular City Council meeting. The Work Session was called to order by Council President Starnes and all Councilors were present. Council President Starnes turned the Work Session over to Councilor Jackson and Councilor Jackson moved to have citizens come forth to discuss their concerns. Patrick Lucas, 211 Caliber Xing, asked if anyone on the Council frequented Adrienne’s or if the Council was familiar with any fights or shootings at the establishment. Mayor Gillespie recalled there being some reports, but nothing significant. Mr. Lucas advised there had been several incidents at the Blue Iguana, one as recently as last weekend and felt that Adrienne’s was singled out during previous Council meetings. Mayor Gillespie asked Council President Starnes if Mr. Lucas’ concerns were on topic with the Work Session agenda. Mr. Lucas concluded that he would address the Council later. Adrienne Edwards, 121 West Main Street, addressed the Council stating she did not feel the ordinance was necessary, especially requiring an outdoor alcohol service permit. Ms. Edwards mentioned businesses that held an ABC liquor license were questioned about an outdoor patio area and other plans before receiving approval for the ABC liquor license. Ms. Edwards stated the proposed ordinance should be clear and concise and worried that language included about violations leading to imprisonment in her opinion was excessive. She questioned the Council on the timeframe the ordinance would take effect if passed and whether businesses would have enough time to comply with specific requirements. Dr. Jerry Cimis, 141 North Chestnut Street, addressed the Council with concerns of subjective wording specifically using atheistically pleasing instead of detectable or distinguishable regarding the outdoor barriers. He stated that a set of in-depth guidelines would be best practice. Dr. Cimis was concerned that utilizing permanent barriers would violate ADA compliance and as written, the City would sustain liability issues. Dr. Cimis agreed with other citizens’ complaints that the ordinance was vague and needed more work. 2 Councilor Jackson reiterated the importance of working with the City’s business owners, citizens, and other stakeholders in a coordinated effort to mitigate concerns, avoid possible litigation, and do what was in the best interest of the citizens of Prattville. Councilor Jackson asked if anyone representing the Alabama Alcoholic Beverage Control Board was present and would like to address the Council. Mr. Bob Martin, Alabama Alcoholic Beverage Control Board Legal Counsel Member, addressed the Council. He stated the ABC Board was mainly interested in ascertaining that a business with outdoor alcohol sales was initially approved by the municipality during the licensing process or when an amended plan was requested and that there were clear delineated or marked boundaries for the outside area as required. Mr. Martin stated the ABC Board left the type of barrier or marking of the outside area to municipalities. With no other persons wishing to address the Council, Council President Starnes asked if the Mayor and Councilors had comments they wanted to share. Mayor Gillespie addressed the Council stating that over the years the requirements specific to barriers for outside alcohol consumption had changed and the ordinance was a way to solidify the process and protect patrons and business owners alike. Mayor Gillespie felt that ADA concerns aired by Dr. Cimis were vetted by other City departments. He stated having the additional permit could be construed as redundant and businesses moving into the historical district would still be held to specific guidelines in addition to the City’s ordinances. Mayor Gillespie advised that he spoke with a local judge regarding punishments for violations and the up to six months imprisonment and/or $500 monetary fine were in line with basic allowable punishments, but rarely ever acted upon. Councilor Strichik asked the Mayor about having a grace period for businesses to become compliant although the ordinance stated effective immediately upon passage. Mayor Gillespie said some of the grace period started on June 1, 2021, when the ordinance was first introduced, but if Council wanted to allow more time it would be the Council’s decision to make that amendment. Councilor Jackson stated he was concerned with the wording atheistically pleasing and construed it as subjective. Mayor Gillespie stated the intention of the ordinance was not to mandate a certain style or type of fencing. Councilor Jackson pointed out that a clearly defined guideline would limit anyone with enforcement power of singling out a business for no legitimate reason. Councilor Chambers stated he would not have issue with the requirement of the City permit being removed from the proposed ordinance. Councilor Striplin stated the area of concern in regards to the historic district could be alleviated with adding a section in the ordinance specifically related to the district. ADJOURN: There being no further business to come before the Council, the meeting adjourned at 6:07 p.m. 3 APPROVED: ___________________________ Lisa Byrd Interim City Clerk ___________________________ Gerald “Jerry” Starnes, President Prattville City Council SUBMITTED BY: Dawn Russell Assistant City Clerk