Published: May 06, 2008 11:19 pm            

Council eyes alcohol changes

City alcohol ordinance discussed

Rick Hocker’s pink Black Jack McCanless Steakhouse and Saloon was the reason for a discussion by the city council of the alcohol ordinance in a work session Tuesday evening.

The council didn’t take any action on changing the ordinance — yet. The issue was brought up for consideration, but could result in a committee and a recommendation to rewrite the city’s alcohol ordinance to make it easier to get licenses in the city, according to Mayor C.L. “Buster” Brown.

Hocker has been trying to open his downtown establishment for more than a year, but has been held back by a stalemate between him and the city. He refuses to open without alcohol, and the city refuses to sign off on his alcohol application to the state until he’s ready to open.

At Tuesday’s meeting, Hocker distributed a letter to the council suggesting that the city’s process could violate state law.

“I believe the City of Corsicana has imposed stricter standards upon my business,” Hocker stated. “This may in some way also violate my civil rights and I am unable to locate within the T.A.B.C. codes (which the city did adopt) that we would need an occupancy certificate or the approval of each of the departments listed in the city’s document titled ‘Inspections for Beer and Wine Sales’ before the T.A.B.C. can issue us an alcohol permit; the city’s requirements/restrictions again seem to violate the state codes.”

City Manager Connie Standridge and City Attorney Terry Jacobson said the Texas Alcohol and Beverage Commission recommended the wording four years ago when the city wrote its ordinance.

When the city voted to allow alcohol sales in the city, the election was contested, and the city chose to enact a strict alcohol ordinance, Jacobson explained.

Now, with four years of experience in enforcement, the city can change the ordinance to make it easier for businesses, he explained.

“It’s truly a question of what you five think it should be,” Jacobson told the council members. “It’s a philosophical question.”

“I understand your frustration,” Brown said to Hocker. “You’ve got to jump through each hoop we’ve got before you can apply for your license.”

Hocker also challenged the city’s application fee of $75, claiming it was in violation of a state law that forbids cities from charging alcohol establishments a permit fee for the first three years.

The $75 isn’t a permit fee, but an application charge, to help allay the costs of inspections and other labor, Jacobson said.

“Your $75 fee has probably cost you $20,000 in sales taxes,” Hocker argued.

The Black Jack McCanless Steakhouse was supposed to open last November. Hocker has not yet set a new opening date.

If a business has its paperwork in order with the state, the alcohol license won’t take long, Jacobson said.

“I’m told seven to 10 days,” he told Hocker.

Hocker said after the meeting that a rewrite of the ordinance probably won’t affect him at this point. His store, at 107 S. Beaton St., lacks only approval from the health inspector to lift the last barrier for his alcohol license.

“I’m going through with it,” he said. “I have to.”

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Janet Jacobs may be reached via e-mail at jacobs@corsicanadailysun.com



County variance granted

The Corsicana City Council chose to grant a variance in the regulations for sheds and outbuildings to allow Navarro County to put a metal storage unit, a POD-type structure, next to the county jail. The box will be used to store supplies for a flu pandemic, things such as pens, pencils and notebooks, said Captain Brett Latta with the Navarro County Sheriff’s Office. With the mobile command center parked in place, the storage unit will be hidden from view from anyone except prisoners in the jail, Latta said. The county will be returning on May 20 to ask for permission to put a carport-type top over the mobile command bus, which will also require a variance in city ordinances.



City approves food for fines

The city council gave its stamp of approval to the on-going acceptance of food in exchange for library fines. The Corsicana Public Library has been taking food to forgive library fines for years, explained Library Director Rodney Bland. However, while the goodwill policy was approved by the library board, it was apparently never approved by the city council, until Tuesday. The food is donated to the local food bank.



Clean-up Day deals offered

In anticipation of the June 4 Navarro County Clean-up Day, the council voted to allow city residents to dispose of their garbage for free, and to give county residents a reduced cost of $3 per cubic yard, which will be paid by the county commissioners court. The $3 per cubic yard is half the city’s normal charge for disposal.

Contract awarded for lift station

The low bid for the Chattanooga Lift Station Gravity Main Extension was put forward by Fox Contractors, which won the contract. The project entails putting in new lines to improve sewer service to the Corsicana Crossings development at Interstate 45 and U.S. 287. The bid came in over estimates, but the estimates were made about four years ago, said City Manager Connie Standridge. The delay was due to an inability to secure the right of way. The project will cost $281,867, and will come out of the 1999A bond sales. It was projected to cost $203,000 back then. The city has the money because of the interest accrued on the money in the last eight years.



Bids awarded for street repair supplies

The council awarded bids for seal coat aggregate to TXI, which bid $31.91 for each cubic yard; and for asphaltic emulsion to Ergon Asphalt and Emulsions, which bid $1.62 per gallon.



Landfill energy contract set

After some negotiations, the council agreed to a contract with ES Corsicana Partners to allow the company to siphon off methane gas from the landfill to create electricity. The city will then buy some of the electricity at a reduced rate to power the sewer treatment plant. The city expects to sign a 20-year contract with the company. If it’s not economically beneficial, the city can get out of the contract after two years.

        

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