Lowell Council permits alcohol sales for Mudtown Days 2018 and beyond

Stock photo. Fun Time Shows out of Doniphan Missouri, gets set up Tuesday, May 17, 2016 for the annual Mudtown Days at Ward Nail Park in Lowell.
Stock photo. Fun Time Shows out of Doniphan Missouri, gets set up Tuesday, May 17, 2016 for the annual Mudtown Days at Ward Nail Park in Lowell.

LOWELL -- Alcohol sales will be permitted at the annual Mudtown Days event, thanks to an ordinance passed by City Council on Tuesday night.

The hotly contested topic has appeared before the council for discussion at public meetings in 2014, 2015 and 2017. Aldermen voted to approve changes to ordinances concerning city park rules at the council's April 19 meeting before this vote.

How they voted

For the adoption of the ordinance:

• Todd Fenix

• David Adams

• Dean Bitner

• Kendell Stucki

• Delia Ingle

Against the ordinance:

• Linda Vannoy

• Lonnie Jones

• Tom Evers

Source: Staff report

"A lot of people like beer, and I have nothing against it," said Tom Griffith, the only resident to speak against the ordinance on Tuesday. "I used to drink a lot of beer 33 years ago, but I think we can have good time at Mudtown Days without it. Everybody's going to drink all they want to before they get here, but if they have more once they're here, it causes a problem."

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Mayor Eldon Long noted this iteration of the code would be the third reading of the ordinance.

"It's time to make a decision on this tonight," he said.

Ordinances 204, 858 and 869, which dictate park rules, were rescinded and a new one, 988, was adopted in its place. The ordinance permits the sale of beer and wine during Mudtown Days and other festivals -- only those in Ward Nail Park and sanctioned by the City Council. Mudtown Days is currently the only council-sanctioned event.

Though this year's festival is June 2 and 3, the first year of beer and wine sales will be 2018. Alderman Dean Bitner, who strongly advocated for the change, said he failed to apply for a permit from the Alcohol Beverage Control board based on the negative reception expressed in past meetings. Processing requests for a permit typically takes three weeks.

"Even if we want to do it this year, we cannot," Bitner said. "This will give us 12 months to get our ducks in a row."

Mayor Long expressed concern the language of the ordinance may give some residents the sense bringing a cooler of alcohol into the city park would be acceptable. Attorney Tom Kieklak said the ordinance was designed to limit alcohol sales to those with approved licenses and vendors catering for the event.

When asked what they would do if a resident came to a city park with such a cooler, Police Chief Randy Harvey and Fire Chief Mike Morris said neither would search the cooler unless given a reason. Harvey said opening the cooler to retrieve a beer would likely be cause for arrest.

The language of the ordinance doesn't sidestep state laws about alcohol, Kieklak said.

NW News on 05/17/2017

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