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Home My WebLink About10/29/1990 City CouncilO0.q8 ' MINUTES OF THE CITY (~OUNCILMEETING HELD ON OCTOBER 29, 1990 ~--~ The Work Session of bhe Ciby Council of bhe Ciby of The Colony, Texas was called bo order ab 7:00 p.m. on bhe 29bh day of Ocbober, 1990 ab Ciby Hall wibh ~he following Council roll call: Bill Manning, Mayor Presen~ Mike Lynch, Councilman Presenb Sbeve Wibhers, Councilman Presenb Mike Alianell, Councilman Absenb Rob Burchard, Councilman Presenb Lou Gomez, Councilman Presenb Joel Marks, Councilman Presenb and wibh six presenb, a quorum was established and bhe following ibems were addressed: 1. Discussion of bhe economic impacb of exbended hours sales of alcoholic beverages in bhe Ciby of The Colony Mayor Manning opened bhe meebing by advising all bhose presenb bha~ he would hear from only one person ab a bime, would not hear personal opinions or argumenbs, hub would hear only facbual informabion. The Mayor said ~here would be no cibizen inpub, bub he would hear from one or bwo people from ~he audience who had prepared some documenbabion. Mayor Manning bhen called on James England bo give bax revenue daba wibh regard bo mixed beverage sales. Mr, England presenbed bhe figures for bhe years 1987-88, 1988-89 and 1989-90,(See Abbachment, "A") nobing bhab since there are nob more bhan four clubs in The Colony bhe Compbro]ler's office will nob give oub bhe boba]s. He said righb now bhe Sbabe gets 12% on each drink sold and bhen bhe cibies receive 12 1/2% of bhe boba] amounb sold. Mr. England said bhe amounb of ~axes received or bo be received in bhe 1989-90 year is esbimabed $10,154.00. Mr. England wenb on bo say bhab bhe Texas Alcoholic Beverage Commission (T.A.B.C.) keeps ~ighb conbrols on esbablishmenbs selling alcoholic beverages, going on bo say bhab a recenb change in bhe law will give ~he Sbabe 14% on each drink and cibies only 10+% of bhe Mayor Manning asked if bhere is any obher income ~he Ciby receives from clubs obher bhan bhis ~ax and Mr. England said bhere is nob. Councilman Burchard nobed bhab he had conbacbed bhe T.A.B.C. also and bhab bhe new law went inbo effec~ in June 1990. Mayor Manning s~ated bhab bhe revenue is nob significanb, bub bha~ is nob bhe only reason we are addressing bhis subjecb. Nabhan George represenbing O'Ri]ey's Bar said he did nob have his informabion ready, hub bhab he bhinks Mr. England's figures are no~ correct. Mr. George said bhe exbended hours will ~. allow enbertainmenb and asked bhe council bo exbend bhe hours for 2 6 monhhs ko allow hhe businesses ko make adjusgmen[s, gel oug of conhracgs, ehc. Mr. George wenh on ko say he believes sales from 12 Midnighg ho 2:00 a.m. accoun[ for abouh 30% of sales. Councilman Gomez asked Mr. George how much lahe hours sales was counged on when planning ghe opening of hhis bar and Mr. George said 100%, noting hhah the club in Dallas received 50% of sales from 11:00 p.m. ko 2;00 a.m. Councilman Marks said he has received several calls from young people with families who had hold him hhey were glad there is a club in the city so they do no/ have [o go ouh of town. Councilman Marks said he asked hhe callers if hhey aggend church and all of hhem said hhey do and hhah apparengly hhere is much balk abouh this issue in hhe churches and ghey (callers) are very uncomforhable abou~ hhis. Mr. George said hhag hhe Alcoholic Beverage Code says if the populagion of a coungy is over 300,000 hhen hhe lake hours is auhomahic and hha[ preliminary census figures indicahe [hal Denhon Counhy may go over 300,000 which would bake hhis oug of hhe Council's hands. Mayor Manning said he called abouh hhag also, and no~ed ghat in 1980 the coun[ was 140,000 and hha[ ~he preliminary figures are ah 270,000. The Mayor wenh on ho say ~hag T.A.B.C. general counsel advised him ghah hhey use official census figures, nog esgimahes and ~hag it is unlikely Den/on Counhy will go over 300,000 in hhis census. Councilman Wihhers said he gog ghe same figures from hhe Council of Governmen[s. Mayor Manning said he has been impressed wihh how Mr. George runs his business (O'Riley's), stahing ~ha[ Mr. George hold him he does drug geshing on all employees. The Mayor advised hha~ if O'Riley's closes due ko eliminaging ~he lahe hours, ~hen anogher like-business may move inho ~he same location and may no/ do as well. The Mayor wenh on ho give some raw numbers regarding D.W.I. and P.I. as follows: Year Togal DWI/PI Populahion Per Capiga 1980 110 11,500 .96% 1987 119 17,300 .69% 1988 .82% 1989 .75% 1990 .73% The Mayor said he does nog know whah ~he figures show, buh he hhinks iL is unreal for us ko ghink we can make people shop drinking, going on ho say ~his meehing was called honighh ho share informahion and hhah ano[her meeging has been called for Thursday nigh~ to re-address ghe ordinance in quesgions. The Mayor did say he ghinks it is unfair ho hhe businesses effec[ed, due ko rapid nagure, in which this ordinance ~akes effech, and suggesged ghat~ iL may be appropriate go re-hhink, review and look ak hhis again in January. Mayor Manning did say to hhe owners of ghe clubs, if ~he lake hours are reinsgahed, ~ha[ hhere are no 3 0088!, . guaranbees bhab in January bhey may nob be eliminabed again. The Mayor said he wanbs a public opinion poll baken bebween now and January and sbabed bhat he will robe with bhe oubcome of bhe poll. Councilman Wibhers agreed wibh bhe poll, bub said he believed all involved need bo sib down and agree on whab bhe poll will say. Mayor Manning said he would like bo see a professional firm conducb bhe poll, bub bhab is very expensive, nobing bhab unless bhis is a joinb efforb the credibiliRy will be quesbioned. Councilman Gomez asked if bhe poll would be Raken of only regisbered vobers and Mayor Manning said he bhoughb iR should be from all Raxpayers over 21 years of age. There followed a general discussion regarding how Rhe poll would be conducbed, wiRh Councilman Burchard sbabing he has no problem wibh the survey, and Rhat he appreciates bhe conbracRual obligabions of Rhe businesses involved, bub he sees no need ko exRend Rhis unbil January. Councilman Gomez said bhaR Rhe cit~y was robed web in 1981 and Rhe qualiby of ]ifc since bhaR time has appeared Ro be preRRy good and now we wanb Ro limib bhe hours, reminding all Rhab "web" has been a parb of life and he commended bhe Mayor for caring for bhe businesses. Councilman WiRhers agreed bhe life is good bur said iR could be berber. Councilman Lynch said Rhere is anobher aspect, noRing we are bhe only weR are for several miles around and Rhere are enough empRy spaces available bhab new bars could open and if so, could Rhe old esbablished businesses survive. Mr. George .--. responded yes, bub bhaR bhis acbion is cubRing Rheir bhroaRs. Mayor Manning recognized CynRhia Shinsky who said a commiRRee was formed, meR Thursday wiRh 33 people abbending and did conducb a survey wiRh bhe following resulbs. 41 sRreebs were picked, 205 phone calls made, of which 120 responded; 28 for resbricbing hours, 72 againsb resbricbing hours and 20 had no opinion. Mayor Manning explained RhaR bhis issue was nob a producb of any one group, but due ko bhe CiRy Manager's realizaRion bhat our exisbing ordinance allowing laRe hours was in violabion of Sbabe Law and bhab somebhing had to be done bo correcR RhaR sibuabion. Councilman Gomez asked CapRain Carroll is he sees a significant impacb on his deparbmenb (police) in bhe Rwo hours afber midnighR. CapRain Carroll said he did nob. Billy Sharp, made Rwo poinbs. 1. bhere are no clubs in The Colony, bhey are bars; 2. He is willing ko help finance an unbiased survey, nob produced by Rhe Council or Rhe cibizens. Mayor Manning advised Rhab would cosR about $5000.00 Councilman Gomez said he believes Mayor Manning wanbs Ro robe wibh bhe people as do Councilmen Marks, Alianell and himself, bub he asked whab aboub bhe oRhers. Councilman Burchard promised bhaR he would vote wiRh Rhe oubcome of bhe poll. Councilman Lynch stabed bhab if he had vobed his own preference he would have robed for exbended hours. ---. Mayor Manning explained how bhe polling process works, then 4 O0 :l accepting no more comments from the floor called for a motion Fo adjourn. Councilman Burchard moved to adjourn, Councilman Marks seconded and the mo~ion carried wi~h all members voting Aye. Mayor Manning adjourned the meeting at ?:58 p.m. APPROVED: . . ning, Mayor ~ ATTEST: Patti A. Hicks, City Secretary [SEAL] ATTACHMENT "A" CITY OF THE COLONY FINANCE DEPARTMENT MIXED BEVERAGE TAX ANNUAL FISCAL MIXED DRINK TOTAL TAX CITY YEAR SALES COLLECTED TAXES* 1987-88 $443,133 $ 53,176 $ 6,647 1988-89 726,467 87,176 10,897 1989-90 676,933 81,232 10,154 *Clubs charge a 12% State Tax on cost of mixed drinks, City receives 12,5% of 12% State Tax on a quarterly basis,