The alcohol zoning ordinance that passed the Pell City City Council on July 8 was once again in the forefront of the regular council meeting on Monday night.

Pell City Mayor Bill Pruitt vetoed the ordinance stating, “I believe the sanctity of our churches should be protected by a buffer of more than 200 feet. I respectfully request that the council reconsider the distance.”

His veto brought the ordinance back up for vote to the city council members to either pass the ordinance or accept the veto.

The new changes to the zoning ordinance concerns businesses that sell alcohol as their primary activity such as wineries, taverns, micro-breweries, bars and nightclubs. The ordinance reduces the boundary from 1000 feet to 200 feet from a residential district, education institute, place of worship, or child development facility. According to the approved ordinance (2019-5134), “The distance shall be calculated from the primary entrance of the regulated property to the nearest property line of protected property or properties.”

The business also has to meet all other criteria and come before the Planning and Zoning Commission to be approved before permitting. The lounges are only allowed in Business 2 and Business 3 zoning areas on a conditional basis, meaning that each application has to be approved by the Planning Commission and notice is sent to surrounding businesses and residents.

“Conditional Use Applications are considered on a case-by-case basis, with the opportunity for public input,” stated Pell City City Manager Brian Muenger. “Should the City receive such an application, all adjacent property owners would be notified by certified mail of the public hearing 14 days in advance of the meeting date. There are no applications pending consideration. Conditional Use Applications may be denied outright, approved outright, or approved with special conditions placed upon its use, such as operating hour restrictions, etc.”

The ordinance also does not apply to restaurants with on-premises service licenses, convenience stores, or other off-premises sales such as grocery stores.

A large crowd was in attendance at the meeting, filling up the benches and standing in the back of the City Council Chambers at Pell City City Hall on Monday night, beginning with the 5:30 p.m. work session.

Paul Brasher, pastor at New Hope Baptist Church, spoke on the ordinance, sharing experiences that led to his opinion on the negative affects of alcohol use. One involved a couple that was in a vehicle accident on Stemley Bridge Rd., resulting in the death of the wife.

“Reconsider the zoning,” Brasher stated. “Our lives and families are worth much more than some revenue.”

Brasher continued speaking on behalf of the church stating, “People come to town because of safety and wholesomeness. My progress is this: loving the Lord with all your heart, soul and mind and love each other as yourself.”

The work session was adjourned and the crowd waited until the 7 p.m. meeting in which the vote would be taken.

The vote for Ordinance affirmation was near the beginning of the meeting agenda. Council members Blaine Henderson, James McGowan, Jason Mitcham and Jud Alverson, who was absent at the previous vote, all voted to uphold the ordinance as passed. Jay Jenkins again voted no, stating he “has not wavered on his stance.”

The ordinance was passed with a vote of 4-1, with the distance of 200 feet remaining unchanged.

“The classification of lounges as a Conditional Use within general business districts is extremely common,” Muenger sent in a statement. “Most municipalities, including Leeds, Lincoln, and Oxford, permit this activity as a Conditional Use (or Special Exception) without any stated distance or buffer restrictions.”

Some in the audience opposed to the passing of the ordinance stood up and left the city council chambers, filing down the stairs outside. Others, including Pastor Paul Brasher, stayed for the rest of the City Council meeting, which dealt with a new fee schedule for the renovated Civic Center which will open on Monday, July 29 and the appointment of new Pell City Fire Chief Tim Kurzejeski.

“Something incredible happened last night, that unfortunately was overshadowed by other items,” council member Jason Mitcham posted on his Facebook page. “Last night, Pell City was fortunate enough to name Tim Kurzejeski as its new Fire Chief. Congratulations Tim!”