Beer ordinance passes on first reading, again

By AMY SATTERWHITE / Staff Reporter for the Southern Standard

DAVENPORT

Citing a procedural error, McMinnville officials have addressed two ordinances that were in limbo after it was determined last week they did not receive a majority vote after all.

In question were a request for re-zoning from Aug. 5 and the so-called beer ordinance from July 15, which was designed to affect a 16-year-old ban on dancing in places where beer was sold, consumed or distributed within city limits.

Officials chose not to address the re-zoning ordinance at their regular session Monday, but voted to allow beer and dancing at the same establishment on first reading.

Although he has had a policy of abstaining from votes, Mayor Royce Davenport said he will vote in cases where there is a tie but will also vote for items he is in favor of when necessary so as to not stall action when there is, for example, a 3-2 vote.

That was the case with the beer ordinance, which appeared to have passed with one board member absent and the mayor abstaining. Officials later learned of a state law that says a majority vote is a “majority of the members present” after the city recorder questioned the re-zoning ordinance vote tally from Aug. 5 when preparing the official minutes.

In that case, two members of the Board of Mayor and Aldermen abstained from voting but there was also a 3-2 vote tally. City Attorney James Dempster advised the board the two ordinances did not pass, and city officials said those two ordinances appeared to be the only ones affected since the mayor began abstaining last year.

Monday, Davenport addressed the issue head-on and voted along with Aldermen Patti Nunley, Donald Hillis and Vice Mayor Billy Wood to repeal the applicable section of the dancing/beer restriction. He said his reasoning for abstaining was to maintain neutrality as chair of the meetings, but said he may alter his policy on abstaining.

“I had done that in my previous two terms. At that time, the law was acceptable to that. Since then, the legislature passed the law saying the mayor shall vote, so that’s where I started putting in the minutes that I abstain on all votes unless there’s a tie,” Davenport said.

He noted he is prepared to vote and suggested a vote when necessary.

“I don’t want people to have to come back or us to have to deal with things two or three times. That’s just not right, so I will vote on those occasions and in the case of a tie, I’ll make up the final vote. I haven’t figured it out yet. There may be a time when it’s a tie and if I vote, it still won’t pass, according to this law we understand now.”