Aldermen Ease Beer Rules For Restaurants
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WATER VALLEY – City officials rolled back restrictions for restaurants, making the first change in over a decade to the beer ordinance. Changes also include adding a provision to allow beer sales during permitted special events in the city’s downtown business district.
The changes came during the July 1 meeting of the Board of Aldermen. Mayor Tommy Reynolds opened the discussion by introducing a resolution of intent to revise the ordinance.
“The intent of this resolution is to make Water Valley’s restaurant laws like everybody else regarding consumption of beer,” Reynolds explained.
The first change deletes language that had required customers to purchase beer “in anticipation of a meal” — a phrase that was added to the ordinance during changes made in 2014 and 2015. At the time, city leaders had made several changes to the original 2007 ordinance that was adopted shortly after beer was legalized in a county-wide vote.
“With all deference to the past board, everybody has always had good intentions for the future of Water Valley,” City Attorney Daniel Martin noted during the discussion on July 1. “But I feel like there are other ways to better serve the intent there.”
Mayor Reynolds emphasized that other safeguards remain in place.
“State law requires that a restaurant sell at least 25 percent in food,” Reynolds said about the percentage of food versus alcohol sales. “Water Valley requires 50 percent. So even though the intent would be removed, there would still be a food consumption requirement.”
Reynolds and Martin each questioned whether the “intent” clause ever made sense in practice.
“What if you judge somebody’s intent wrongly?” Reynolds asked.
“My opinion, in closed doors from the beginning, was if I was a business owner, I would assume that if you walk in my restaurant, your intent is to buy a meal. Why else would I go to a restaurant?” Martin added.
“But if you judge it wrongly, a jury could come back against you,” Reynolds noted.
Martin also noted existing case law holds business owners responsible for over-serving alcohol to intoxicated customers. “Statewide, I believe all of the responsible restaurant owners have already taken precautions against that,” he said.
Reynolds also said he was unaware of any other municipality with restrictions for beer sales for restaurants similar to Water Valley’s beer ordinance.
“We certainly want businesses that create jobs, and I would say we have situation where nobody else that I am aware of anywhere has a similar requirement on intent,” Reynolds added.
The change passed unanimously, although Ward One Alderman Joe Magnuson shared his reservations before voting.
“I don’t think it removes enough to really benefit the city, but it’s a step in the right direction, so I will vote aye,” Magnuson said.
The second change will allow beer to be served during special events hosted by nonprofit organizations in the city’s historic district, primarily along Main Street. Examples include events like the Water Valley Main Street Association’s Wine Down, which has become a popular downtown gathering.
To qualify, events must be no longer than 72 hours, and organizers must submit a permit request at least 14 days in advance. The Water Valley Police Department will review the requests and determine if appropriate security, traffic control, and emergency response plans are in place.
“This is for a nonprofit organization to have an event for the city,” Reynolds explained. “It would need to be in strict conformity with state law.”
Martin said state law is strict when it comes to temporary alcohol permits, requiring the city to certify that public safety and emergency services are adequately provided.
“We wanted to make it as narrow as we could to accomplish the purpose,” Reynolds added about the provision.
Alderman Grant Thompson asked if this change was just making legal what was already happening.
“Well yeah, we had the Wine Down,” Reynolds replied. “But it wasn’t legal.”
The ordinance clearly limits the permitted events to the city’s historic district. City Park, located north of the Main Street business district, is not included, which means events like the Watermelon Carnival would not be eligible for the special exemption under the new rules.
“This will not affect City Park,” Reynolds confirmed.
The changes immediately took effect.
A Long History Of Debate
The July 1 changes come nearly a decade after the last major debate over the beer ordinance. In late 2014, the Board of Aldermen adopted changes to accommodate a proposed upscale restaurant. The restaurant plan did not materialize, but changes to the beer ordinance – a license fee increase, detailed reporting requirements, restroom mandates, and the now-removed “intent to order a meal” clause – prompted months of public scrutiny in city meetings.
