Posted on 08/03/2005 7:00:32 AM PDT by somniferum
n a few weeks time, it will be legal in Starkville to walk into a grocery or convenience store and buy refrigerated beer or light wine.
In a 6-1 decision, the Starkville Board of Aldermen voted Tuesday night to make the change to Starkville's beer ordinance, with Ward 3 Alderman P.C. McLaurin casting the dissenting vote.
"Our job is to do things that are good for the community," said McLaurin. "I have given a great deal of thought to this issue, and have difficulty coming up with one practical thing that this will accomplish. Many of our local sellers are not interested because of the added cost involved in cold beer, and it could lead to greater DUI incidents and other safety issues."
Ward 4 Alderman Richard Corey, sponsor of the change, said that he believed the safety issues called for the new ordinance.
"Many students drive to West Point or Columbus for cold beer; that creates a hazard," said Corey. "Cold beer in other places is a draw because beer that has been cold, then hot and then cold again spoils much faster."
When asked of his legal opinion on the issue, interim City Attorney Rodney Faver said that the city's existing prohibition of refrigerated beer sales would likely not survive a legal challenge.
"The prohibition of sale of cold beer is not justified," said Faver. "A court would rule it arbitrary and capricious."
This statement echoes an official Mississippi Attorney General's Office opinion from 1998 that stated that municipalities have no right to regulate the temperature at which alcohol can be sold. This opinion led to the dismantling of a city-appointed task force reviewing beer ordinance at that time.
In 1998, the Starkville Board of Aldermen chose to keep the existing ordinance on the books.
That ordinance, with a few changes is the one that was still on the books as of Tuesday.
The new proposal came in two parts. The first asked the State Tax Commission to clear the change, and the second changed the ordinance itself. Both measures passed by a 6-1 margin.
"I am bothered by the haste in which this mater is being dealt with," said McLaurin.
"Last Thursday was the first I heard of this proposal, and here it is Tuesday and we are passing it. Many members of this board ran on a platform of citizen input, and we should take this matter under advisement until the next meeting to allow the public to speak further on this matter."
McLaurin received support on the delay only from Ward 5 Alderman Matt Cox, who stated that he had no problem with giving the citizens of Starkville more time to consider the issue. The remainder of the board favored taking a vote on the issue.
Could I get a MS ping on this? Really a Mississippi State ping I guess :)
A local jurisdiction managed to outlaw the sale of cold 40oz beers. Just 40's.
There are ways to make warm beer cold very fast but you got to be careful.
"Cold beer in other places is a draw"
Duh.
Excuse me, but "cold beer" is not 2 words, it's just "colbeer"!
40s are still illegal here as well :) I always thought that was sort of weird. You can buy 32oz, but not 40.
It's warm beer sales that should be made illegal
Now this is what legislators are supposed to do!
WKB Ain't no Bully fan, but he might ping anyway!!
Kidding you WKB!!
I am much accomplished in making cold beer warm.
I’m very discriminating when it comes to beer. There are only two types that I’ll drink: Cold and warm. I prefer the cold but will drink the warm if that’s all there is.
One piece of fatherly advice I recieved upon going to college was that if you learn to like warm beer, you will always have something to drink when your buddies do not...
How about Corinth where can't buy singles? Just six packs!
That's one way to make MissStank women look better. Cold beer!
unless its a good stout. you just can't drink that stuff cold.
You must be thinking about the 'other' university!
Thats not surprising about Corinth.. one of my good friends is originally from there. Sounds like an odd place, even for MS :)
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