City’s list for lawmakers seeks alcohol authority|[12/31/07]

Published 12:00 am Monday, December 31, 2007

More authority over the sale of alcoholic beverages and civil servants are on Vicksburg’s to-do list for the legislative delegation.

Lawmakers convene in Jackson Jan. 8 to start what will likely be a 90-day session. Local governments often provide a “wish list” of local and private bills, such as those empowering the Warren County Board of Supervisors and the Vicksburg Mayor and Aldermen to use tax receipts to make charitable donations, or general bills, such as several the city wants in 2008.

City Attorney Nancy Thomas said the drinking-related goal is to strengthen ordinances passed by cities as they relate to the “resort status” designation set in some areas, including downtown Vicksburg, by the state Office of Alcoholic Beverage Control Board.

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Municipalities have complete authority in licensing where beer can be sold and can control business hours, but almost all regulation of whiskey and wine comes from the state agency.

In August, the city passed a zoning ordinance with two parts. The first part redefined a nightclub as a business deriving more than 40 percent of its revenue from alcohol sales. The second part prohibited opening any such business, except those already in operation.

The problem would be enforcing the law downtown, which has resort status under state law. “Resort status” exempts businesses from local zoning laws and those setting operational hours and may override local hours for beer sales.

The city’s search for a way to police alcohol sales more tightly followed a string of rowdiness complaints from the short-lived New New Orleans Cafe, which operated in the former Biscuit Company location at Washington and Grove streets. In July, an argument between male patrons at the club escalated into a shooting death when one man was followed home.

Another sticky situation for the city is a follow-up to a lawsuit settled out of court with a Vicksburg firefighter.

Before the 2005 city election, Lt. James Montgomery wrote a letter to the editor critical of the incumbent city board. After two of the three were re-elected, Montgomery was demoted and suspended. The suit in federal court followed.

U.S. District Judge David Bramlette, responding to a motion for summary judgment, ruled in the city’s favor on some claims, but for Montgomery on others — specifically that civil servants do not lose their personal First Amendment rights of expression.

The case was then settled, and Mayor Laurence Leyens said he does not know the amount. Personnel of Vicksburg’s police and fire departments, except chiefs, are under a civil service regulation in which neutral reviews of job-related changes are pledged. In return, civil servants must also meet conditions, including refraining from “political activity.” The city’s position was that the letter was not merely stating an opinion, but was also meant to influence others. Thomas said the Legislature will be asked to approve a more strict definition that applies to federal employees.

“It’s to get civil service law to mirror the federal Hatch Act,” Thomas said.

Though bills seeking to tweak state laws based on local matters are filed every year, fewer have passed muster with state lawmakers in recent years because of a “more conservative” approach to such legislation, said Rep. George Flaggs, D-Vicksburg.

While Flaggs will be returning to Jackson, two other Vicksburg residents in the delegation will be freshmen. They are W. Briggs Hopson III, who will be in the Senate, and Alex Monsour, who will represent House District 54. Both are Republicans.

Partisan makeup of the Legislature changed a bit following the November election, as Democrats went from a two-seat deficit to a four-seat hold of the state Senate. Composition of the state House remained unchanged, with 75 Democrats and 47 Republicans.

Still, a cautious stance on local and private bills will become more pronounced, Flaggs said.

“It’s a new Legislature this year and you have to create a new strategy,” Flaggs said, holding out a firm decision until after expected meetings with city and county officials.

Steering more “new tax dollars” to Vicksburg should drive decisions on downtown Vicksburg and its entertainment landscape, Monsour said.

Businesses licensed under the resort status “is a good thing,” Monsour said, adding “it needs to be done in a way where people don’t abuse the situation.”

Also, Vicksburg will again attempt to persuade lawmakers to allow city prisoners facing misdemeanor charges to be housed in Louisiana.

In this year’s session, a measure to contract with Madison and Tensas parishes for jail services died in committee.

Vicksburg now takes its misdemeanor detainees to Issaquena County because of a consistent lack of bed space in the Warren County Jail. City officials have said consistently $400,000 could be saved if they could be held locally.

“We need to have a place in Vicksburg and Warren County with enough beds and enough space so when people break the law, they know where they’re going to go,” Monsour said. Action on a new jail is expected locally this year, but an opening date is likely four or five years in the future.

Hopson said his concerns on the issue are about getting fair and competitive rates if lawmakers agree on an out-of-state arrangement.

Thomas also said the city will seek to lower the fees it pays on certain county-assessed and collected taxes, including those for property and road and bridge construction, and more generous terms for cities when acquiring real property.

Supervisors and city officials have not said whether they will compile a donations list. Without special permission it is illegal for local governments to use public funds for private charities. As part of a growing trend, local governments have been seeking approval to make donations. For Warren County this year, a record $650,500 will be disbursed from the general fund.