Liquor stores open past 9 p.m. fodder for Pine Bluff council

The Bottle King, a Pine Bluff liquor store, is one of several liquor stores in the city that stay open until midnight. Others, according to Police Chief Kelvin Sergeant, close at 9 p.m. Some City Council members asked Sergeant to look into the possibility of compelling all liquor stores in Pine Bluff to  close at 9 p.m. which is the start time of the city’s 9 p.m. to 5 a.m. curfew.
(Arkansas Democrat-Gazette/Dale Ellis)
The Bottle King, a Pine Bluff liquor store, is one of several liquor stores in the city that stay open until midnight. Others, according to Police Chief Kelvin Sergeant, close at 9 p.m. Some City Council members asked Sergeant to look into the possibility of compelling all liquor stores in Pine Bluff to close at 9 p.m. which is the start time of the city’s 9 p.m. to 5 a.m. curfew. (Arkansas Democrat-Gazette/Dale Ellis)

PINE BLUFF -- Liquor stores in Pine Bluff have drawn the attention of the City Council after some members questioned how essential such operations are to the city.

Although the city has instituted a 9 p.m.-to-5 a.m. curfew, some liquor stores are continuing to do business until midnight, a practice that has city officials in disagreement over whether to act. Police Chief Kelvin Sergeant said the department has spent a considerable amount of effort persuading nonessential businesses to close before the 9 p.m. curfew, but he said liquor stores have not been a focus of enforcement efforts.

Sergeant told a joint session of the city's Public Safety and Public Health and Welfare committees that the department has been aggressive in ordering some businesses, those deemed nonessential, to close when they are observed violating the curfew.

"We've gone inside and asked them to stop their operations," he said. "For example, the bingo building on Commerce Road and ... some of these arcade places around town, we've gone inside and shut them down, as well."

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Win Trafford, chairman of the Public Safety Committee, told Sergeant that although some liquor stores are closing by 9 p.m., some are not and he has received complaints from constituents about that.

"Some are going ahead and closing so that their employees can get home, but some are staying open until midnight," Trafford said. "Why are they continuing to stay open if we have a curfew? Is that considered essential or not?"

Sergeant said he had asked state officials a few weeks ago about the matter and was told that liquor stores are considered essential businesses, which allows them to stay open past curfew hours.

"Even if they are essential, does that mean they need to be open past 9 o'clock?" asked council member Joni Alexander. "Even when you have access to their services all day?"

Council Member Ivan Whitfield, chairman of the Public Health and Welfare Committee, said such businesses might be compelled to lock their doors at 9 p.m. but should probably be allowed to do business through their drive-thru windows, if they have them, until midnight.

Sergeant said some stores are offering only drive-thru service from 9 p.m. until midnight, a fact that Mayor Shirley Washington said she was not aware of.

"Walmart is closing at 8:30," Washington said. "Super One, they're closing at 8 p.m. I thought everybody was closing at 9, so I think maybe that's something we need to look at.

"Even the essential services are closing," she said. "I think they should close at the same time. Staying open until that 12 o'clock hour is just encouraging people to break the curfew."

Sergeant said he could have his officers order liquor stores to close after 9 p.m., but was told to wait.

"I suggest that you get with the city attorney because I think we didn't mandate anybody to close," Whitfield said. "If we're going to do it, I'm not sure if there's any other gas stations that stay open, because we're either going to have to vote on something of that nature to make sure it affects everybody, or do what the governor has done and lay out essential to nonessential [businesses]."

Whitfield suggested that the council get an opinion from the city attorney to ensure that the city is on solid legal ground in the matter.

"I agree," Trafford said. "It does need to come from legal to make sure we're doing it the right way."

Sergeant said he does not view liquor stores being open past 9 p.m. a problem, and the department had not received complaints about people congregating in the parking lots and violating social distancing protocols.

"I still say get with our city attorney and get our ducks in a row in case we do have a problem," Trafford said.

State Desk on 04/23/2020

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