Sylva approves plan for open carry alcohol D
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Smoky Mountain News
Eleven people took the opportunity to speak during the public hearing in opposition to the proposed social district. The main concerns of these residents were safety, a lack of infrastructure — specifically bathrooms — liability for establishments that sell alcohol, as well as those that don’t, and the fear that this social district would incite brazen partying, drunkenness and defecation in the streets. “If you’re going to create this social district, you might as well close downtown to traffic. One, it’s a safety issue, two no one will want to go down there and spend their money on a place that’s a hazard,” said Benji Jones. “God forbid anybody gets hurt.” Local attorney Raymond Large owns property and runs a law office on Main Street in downtown Sylva, both of which he says will be affected by the social district. “I do not believe the social district, as proposed, would be beneficial to the owners of businesses that serve adult beverages within the social district,” said Large. “There is no contemplation in the legislation for reducing liability or indemnifying a business or permittee that participates in the sale from the actions of a member or customer after they purchase the adult beverage and
leave the premisis maintained by the permit- evening. After hearing comments from the public, “I would like to recommend that if you’re McPherson initiated an amendment to the tee. I would not advise any business seeking going to put restrictions on chickens, we my legal counsel to participate in such a ordinance, changing the hours on Sunday need to put restrictions on the breweries,” practice that opens them to potential crimifrom 1 to 9 p.m. instead of 10 a.m. to 9 p.m. said Roger Steven. “Everybody’s got the right as was originally proposed. Social district nal and civil liability.” Large expressed concern over the inabili- to drink beer if they want to, we’ve got it in hours are 8 a.m. to 9 p.m. Monday through the Town of Sylva , we’ve got restaurants that Saturday. ty of establishments to control where cups serve it where they can go in and drink it, marked with the origin of sale end up. He “I have enough trust in the citizens of but I think it ought to be restricted there.” questioned whether an establishment could Sylva that they will respect this,” said be made liable if that cup is found in the hands of someone Bridge Park in downtown Sylva is underage or at the scene of a within the boundary of the newly drunk driving incident. approved social district. Hannah McLeod photo Jacque Laura spoke as a representative of the Cut Cocktail Lounge, Snake Song retail shop and Guadalupe Cafe. “As someone who has been protecting you from drinking spilling out onto the streets, as per my ABC license, for almost seven years now, I am very concerned,” said Laura. “My liability stops at the end of my business, and I have to prove that when I get my license.” Laura mentioned the lack of public restrooms as well as public transportation as hindrances to the function of the social district. The owner of Lulu’s restaurant in downtown Sylva echoed concerns about restrooms, stating that during special events his establish“I have enough trust in the citizens of Sylva that they will respect ment effectively turns into a public restroom. The town has this. And the social district will be a privilege. If people don’t budgeted $250,000 in the upcoming year for public restrespect it, it can be easily taken away.” rooms downtown but have yet — Natalie Newman to officially decide on a location. Cory Bryson spoke as a representative of a few breweries in downtown Commisisoner Natalie Newman. “And the OARD INPUT Sylva. He was not as concerned with liability social district will be a privilege. If people or safety but said he didn’t see how this Commissioner Mary Gelbaugh saw many don’t respect it, it can be easily taken away.” would be a big benefit to downtown busiissues with the proposed social district nesses. including safety, enforcement, liability and EXT STEPS “This is not turning downtown Sylva into waste. Bourbon Street on Mardis Gras, this is “There is a time and a place for everyFollowing discussion from the board, about giving people the option to walk thing under God, and this is not the time Nestler made a motion to approve the social around, not be locked down to one locaand this is not the place to bring an ordidistrict with amended Sunday hours. The tion,” said Bryson. nance like this to the community of Sylva,” motion passed with Nestler, Mcpherson and Some businesses that do not sell alcohol she said. Newman voting yes, while Gelbaugh and expressed concern over their ability to reguCommissioners David Nestler, Greg Guiney were opposed. late who can and cannot enter their premisMcPherson and Ben Guiney expressed a According to Peters, the town must create es if they choose not to participate in the more positive view of Sylva residents and a specific plan, file it with the state and implesocial district. Any establishments not partourists alike. Nestler said the town heard ment the plan according to the bill’s specific ticipating would be responsible for ensuring similar arguments regarding safety and requirements. That includes district boundary people don’t enter their premises with alcoexcessive drinking when making the decision signage, container and branding strategy, and hol in hand. to allow alcohol consumption on town propan option for merchants to opt in or out. Sylva resident Tod Bryson took issue erty, but that by and large, those issues have “We plan on hosting a merchant permitwith the fact that the social district would be not played out. He also noted that because tee brainstorming session, and a non-perin place on Sundays from 10 a.m. to 9 p.m. the social district ends at 9 p.m., it is not like- mittee merchant brainstorming session, plus “Have a little bit of respect for the ly to encourage late night bar hopping. consider all of the public input from our Christian people of this county,” said Though Commissioner Guiney echoed Feb. 10 Town Board Meeting to create the Bryson. “God have mercy on each one of Nestler’s confident outlook, he said he didn’t details of the plan,” said Peters. “We will y’all. It’s ridiculous.” see the big gain for downtown businesses. periodically evaluate the social district’s One resident likened the decision about “I think there needs to be more discususage and any reported safety concerns perithe social district to that of the chicken sion,” said Guiney. “As written today, I don’t odically and are open to changing the disdebacle also up for public hearing Thursday think I really support it.” trict plans accordingly.” 27
February 16-22, 2022
PUBLIC DISSENT
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HANNAH MCLEOD STAFF WRITER espite a strong public showing against the proposed social district at Sylva’s town meeting on Thursday, commissioners voted 3-2 to approve the measure. “North Carolina Retail Merchants Association was instrumental in the passage of this legislation to drive foot traffic to downtown businesses and level the playing field for brick-and-mortar businesses without ABC permits since we’ve had the COVID pandemic,” said Main Street Sylva Economic Development Director Bernadette Peters at Thursday’s meeting. A social district is an outdoor area in which a person may carry and consume alcohol sold by an ABC permitted establishment. Within an area spanning from Nantahala Brewing to Innovation Brewing and including Main Street, Mill Street and Bridge Park, people may move freely with a drink in hand. The district will be clearly marked with signs and alcohol must be served in cups that are labeled with the origin of sale and the language, “drink responsibly — be 21.” The draft proposal is available on the town website. “A lot of research was done on the ordinance, which includes meetings with our local law enforcement, our local ALE agents, town attorney and meetings with others towns outside the state that have had the social district for a longer duration of time,” said Peters. “If the ordinance passes, merchant meetings will follow to brainstorm on how the district is implemented and whether or not each business wants to participate.”
