e The Times-News, Nephi, Utah

 

 

96 South Main Street, PO Box 77, Nephi, Utah 84648 - Voice: 435 623-0525 - FAX: 435 623-4735
On our front page this week
September 1, 2021

 

 

By Myrna Trauntvein
TN Correspondent

The city council recently examined two ordinances regarding beer licenses for special or one-time events to be held in the city.

“One ordinance would have allowed beer licenses for these events under certain conditions, and the second ordinance would have prohibited a beer license for these events,” said Seth Atkinson, city administrator.

The council introduced both ordinances and sought public input, he said. The public input was mainly in favor of an ordinance prohibiting beer sales for special or one-time events.

Consequently, the ordinance prohibiting the issuance of a beer license fee for special or one-time events has been brought before the council for consideration, he said.

The city attorney, Kasey Wright, also added in some language to include “cans” as part of the ordinance and moved the language for prohibition to Section 3-2-2 to delineate it as separate from the licenses that are issued in Section 3-2-3, said Atkinson.

“The way it currently stands,” said Justin Seely, council member, “no one is able to sell beer at the county fairgrounds.”

If there was not a time crunch, he said, he would like to have the people of the community vote to determine whether there should be a city permit to allow beer to be sold at special or one-time events.

He wasn’t certain if that was a referendum or an initiative but would like the people of the community to be able to vote.

Wright said that he thought what Seely would like was an initiative question.

In the U.S., the terms initiative and referendum refer to processes that allow citizens of states to vote on particular pieces of legislation.

A local initiative is a petition to propose a new municipal law. If the initiative collects the required number of signatures, the law is submitted to the voters at an election for their approval or rejection.

A local referendum is a petition to put an existing law to a vote of the people for their approval or rejection. A referendum must collect a certain number of handwritten signatures to be placed on the ballot. The signature requirement depends on the number of active voters within the jurisdiction, the jurisdiction’s classification and the type of law being referred.

“Ballot proposition” means a question, issue, or proposal that is submitted to voters on the ballot for their approval or rejection.

“The council can be the sponsor,” said Wright.

“You would like it to be like a big public survey,” said Atkinson.

Skip Worwood, council member, said that he had received a lot more comments from those who did not want beer sold at special or one-time events but did not know if that was a true representation of the residents of Nephi.

“I can see all sides,” he said. “From my perspective, I agree with Justin.”

Currently, the only place where beer could be sold for a special event would be at the city golf course. There are no other spaces large enough and beer cannot be sold on school property or in city parks.

Larry Ostler, council member, said he would also like to know how the majority of the public felt. However, the majority of those who had contacted him wanted there not to be a special beer license.

“Do you want to table it?” asked Glade Nielson, mayor.

“I think we should make a motion,” said Nathan Memmott, council member. “We asked for public comment and we have received it.”

It might be difficult to get the initiative on the ballot this year because there would be a required number of signatures and they had to be in a certain number of days before the election.

The Municipal General Election will be held on November 2, 2021, said Lisa Brough, city recorder/finance director.

“I would recommend against ceding lawmaking to residents,” said Wright. “It would be better to pose a question.”

If the initiative is placed on the ballot, said Atkinson, the majority result will become law. He thought that just bogged the process down and preferred that the council ask a question.

“I have received a lot of comments from those who don’t want beer sales at special events,” said Ostler. “Kyle (Garrett), you are the only one I have heard from that did want beer sales at events.”

It was still possible for Garrett to drink beer, he said. It just would not be sold at special events.

“We would like to thank you for coming in,” said Worwood.

Terry Cook said that he did not take the Times-News and so was unaware of the comment period the council had offered. He had never had a sip of alcohol in his life but favored personal choice.

Time requirements would likely make it impossible to get anything on the ballot in November, said Brough.

Memmott made the motion to approve Ordinance 08-17-2021-A - Amendments to Beer License Code, Ostler made the second. A roll call vote was needed because Seely voted negatively because he wanted more input from the public before putting the ordinance into effect.

Memmott, Worwood and Ostler all voted in favor.

One of the items of Section 3-2-2 of the Nephi City Code was amended as follows: “D. Retail beer sales for special or single events are strictly prohibited within city or on any property controlled by city. Accordingly, retail beer licenses for special or single events shall not be issued.”

Seely said he would still like a way to find out what the majority of the community thought. Now the residents could seek a referendum because the ordinance was passed and was law.