State ABC office says Elks can get NQ3 license

Published 2:52 pm Monday, November 25, 2024

The Middlesboro Elk’s Lodge will be able to apply for a NQ3 license to sell alcoholic beverages and the city will have to approve that application, Councilman Lucas Carter said during last week’s city council meeting.

During Councilmember comments, Carter announced that he had reached out to the state ABC coordinator on behalf of the Elks and was told that the city cannot deny an application for an NQ3 license. The Elks have been trying for 18 months to get the license so they can sell liquor by the drink at their lodge.

“They’ve followed the proper protocol and we’ve told them we didn’t grant NQ3 licenses. The ABC administrator informed us that if our ordinance says we do not allow NQ3s we must change it because a wet city cannot deny those,” Carter said. “Dennis (Smith) had been saying that for quite some time. I think all you have to do now, Dennis, is turn your application in with your check.”

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Mayor Boone Bowling said he had received an updated e-mail from the state on the morning of the meeting stating that they could proceed.

Carter added that the NQ3 license has nothing to do with permitting a bar to operate in the city.

“An NQ3 license is for a private club, non-profit, charitable, civic, social or fraternal organization or political club, a dining car or a bed and breakfast,” he said. “Nobody needs to be concerned about the issue of a bar. If you didn’t want an NQ3 to be issued, you probably shouldn’t have voted for the city to go wet because you can’t supersede a state law.”

During public comments, it was asked if regular reports from the ABC administrator would be presented to the council. Bowling said there is a quarterly report submitted to the council and the administrator can address the council to give updates on tax collections and any new businesses that are applying for a license.

The council also approved a municipal order to adopt portions of the International

Property Maintenance Codes.

Bowling said that recomendation came from commercial building inspector Russ Bentley, who also services Somerset, Corbin, Barbourville and two other municipalities.

“That’s what they go off of and how they navigate ethically,” he said. “Also, our codes enforcement attorney does prefer to have that.”

Bowling added that the codes in question were the same as those used in Barbourville.

The motion was approved 8-0.

During committee reports, Josh Campbell from the Sewer Department said there were some things going on with some staff and asked the council to keep them in their prayers.

“Other than that, it’s holiday time and remember what you flush,” he said. “Don’t flush grease, oils, wipes, gasoline — it doesn’t matter. Don’t flush anything down the toilet that’s not supposed to be there, the guys down stream would really appreciate that.”

Fire Chief Robbie England took a moment with the cold weather coming and Christmas lights going up to ask everyone to check their wires and make sure nothing is frayed and be sure not to overload any circuits.

“Just make sure everything is working properly,” he said. “We don’t want to have to visit you for that reason, it’s not a good day. Heating season is in full blast, make sure you’ve had your equipment serviced, chimneys cleaned out and all of that.”

England added that the department still has fire alarms available and that appointments can be made to have firefighters install them.

Street Department Superintendent Travis Keck said it has been a normal month for his department.

Councilman Terry Poore commended the department for their work clearing the canal. “It’s the best that I’ve seen it done,” he said. “I know you all did a little extra this time and it will make it easier next spring.”

Carter said he had been hearing no complaints with the Street Department. He asked Keck to check on the street signs around town that are starting to lean a bit due to the soft ground.

Codes Enforcement Officer Tim Kelley shared the minutes from the board’s October meeting. The planning and zoning committee will meet on Dec. 11.

Council member Glynna Brown said she had attended last month’s codes enforcement meeting. “It was very lengthy, but very necessary. If any council members have the opportunity to come to one of these meetings they’ll get a lot of information,” she said. “There were six citizens called to attend and they were very well represented.”

“I think we’re finally getting their attention,” Kelley said.

Council member Jade Robertson gave an update on the 9/11 War on Terror Memorial planned for the veteran’s park in front of City Hall.

“I spoke with Bucky Harris, who has been the liaison between the VFW and the American Legion. The process has taken longer than what we initially assumed, but all they are waiting on now is the final approval from the big guys with the VFW for the funding,” she said. “The design has been approved by the VFW and the American Legion so we’re looking at sometime hopefully in the middle of next year for that to go in.”

Bowling said there would be a special called meeting on December 4 at 1 p.m. Representatives from the Kentucky League of Cities will be presenting the framework for the city’s strategic plan.

“That plan is about 85% done and after that meeting we’ll be getting the last bit of it finished and released to the public,” Bowling said.

Brian O’Brien reminded everyone that the Middlesboro Christmas Parade will be on Dec. 7 starting at 7 p.m.

“We just want to say thank you to everyone in the city, the police department, the street department for being on standby for that and for all their help,” he said.

The date of the next Regular Council Meeting will be December 17.