City Council Visits Votes On Alcohol

Monticello City Council members conducted a special called meeting during the afternoon of New Year’s Eve to review five action items.

Though the meeting only lasted 40 minutes, most of that time was spent discussing and making several motions regarding the Blaque Butterfly’s renewal request for an alcohol license at 421 East Street. During December’s regular meeting of the council, the application was tabled until further action when several residents in that area came to speak on the business as a nuisance and request that the renewal be denied.

With all council members in attendance, Larry Thurman, Tim Womack, Mayor DeAshley Thurman, Mayor Pro Tem Doug Currie, Gail Harrell, and Jenny Murphy, and the City Attorney Joe Reitman much discussion ensued.

After an approved alcohol license for Taqueria La Eskina at 107 W. Washington, the vote then turned to the Blaque Butterfly. Council member Murphy motioned for approval of the license and it was seconded by Councilman Thurman. Discussion was called for and Councilman Womack asked Attorney Reitman to speak on the issue from a legal aspect.

The attorney reviewed the details of the issue from his knowledge beginning with the property from 2015 when the original conditional use was approved for owner Judy Hunsucker to amend the text of the zoning ordinance to add tourist accommodations and educational events, including commercial kitchen and gardens. It was approved.

In 2021, new owner Erik Owen, applicant for Judy Hunsucker, requested the conditional use at 421 East Greene Street for an inn, kitchen, and event center. The request would add tourist accommodations and events, including a commercial kitchen with on-site parking only. No opposition was voiced and the request was approved.

Alcohol pouring license was issued in 2020 and Beer & Wine pouring licenses were issued from 2016-2020.

The Blaque Butterfly was issued an alcohol pouring license in for 2023 and 2024 and a beer & wine pouring license in 2023 and 2024.

The attorney identified the issue as the council having previously granted the beer, wine, liquor licenses to a business zoned residential whereas it should be zoned commercial. Having approved the previous licenses and now realizing that those votes did not comply to the ordinance with the council now seeking to deny the renewal, the attorney noted that ambiguity comes into play.

“Ambiguity does cut in favor of the landowner,” said Attorney Reitman. The only caveat is circumstance of criminal activity.”

City Manager Lathaydra Sands noted that all criminal matters had been checked against the property with regards to 911 reports and none were listed.

Mayor Pro Tem Currie said he has been to the Blaque Butterfly noting it as a fine establishment. But he said looking at the ordinance now “we need to follow the ordinance on the books and I voted for it last year.”

Council member Murphy spoke to the issue of the ordinances on the books, citing a decades old sale of pecan ordinance still listed.

Mayor Thurman suggested a provisional approval of the pouring license while council works on the ordinances and the property owner works on zoning.

Councilwoman Murphy amended her motion that was for a six month provisional license for the Blaque Butterfly with Councilman Thurman offering another second.

Council member Harrell said that she thought the office was already working on the ordinances.

The city manager replied that the office has been by looking at what some other cities offer but that certain aspects of the other cities are not the same as Monticello and does not always apply. Attorney Reitman concurred.

Into discussion again the Mayor said the issue complained about seemed to be noise, not alcohol.

Attorney Reitman suggested that a condition of noise ordinance be included with the provisional license motion.

“Never want to infringe on one persons right but we have to follow the ordinance,” said Currie.

“This is ambiguous y’all. A lot of cities are facing these same issues,” said Attorney Reitman.

Eventually the vote on the Blaque Buterfly’s pouring license was called for and its approval was denied 3-2 with Currie, Harrell, and Womack voting against it.

In other action, the council approved the Short Street building (previously put out for bid) lease to bidder Scott Allen.

The council also approved to pay the invoice from Carter & Sloope for the Hwy. 83 North water main replacement project.