Canton Approves Downtown Open Container Proposal

CANTON, GA — Hundreds of people filed into Canton City Hall Thursday to watch elected officials struggle with whether they should allow residents to sip alcoholic beverages in designated cups while they peruse parts of the downtown area. After about two hours of speeches from residents and debate among City Council members, a compromise ordinance passed to allow the city test the idea during a year-long trial period.

City Council members approved the proposal, introduced by Councilman Nick Estes, with a 4-2 vote. Council members Farris Yawn and Jack Goodwin voted against the measure. The ordinance in its original form would have allowed patrons to remove alcoholic drinks from certain establishments holding on-premise consumption alcohol licenses with the previously established Historic District.

However, the compromise now establishes a restaurant district where residents can carry out alcoholic beverages from establishments within the district from 5 p.m. to 11 p.m. Fridays and Saturdays. This would go into effect Oct. 1 and last until Oct. 1, 2019.

The plastic cups offered by licensed establishments would only contain a single serving of alcohol that cannot exceed 16 fluid ounces. Another aspect of the ordinance, offered by Councilman Yawn and accepted by his colleagues, would also impose a fine not to exceed $1,000 for any violations related to the carry out proposal.

Several residents spoke about the proposal, with most expressing opposition and concern about what they view would be a change in downtown Canton's atmosphere. Also speaking their minds were pastors from area churches, and many parishioners of Sutallee Baptist Church — located off Highway 20 outside the city limits between Canton and Cartersville — also attended the meeting.

One resident, Brittany Rogers, 22, addressed the Council while holding her infant in her arms. Her mother, who spoke before her in opposition, said she has a lot of friends who are into drinking and "doing all kinds of craziness." Rogers said she loves the city's First Friday events, and don't want to see that family-friendly atmosphere disrupted by alcohol.

“What I don’t want to see is a bunch of drunks just walking around the city," she said, adding she's also concerned about the crime rate going up due to the open container law.

Fred Goodwin, a pastor at Church of the Messiah and president of the Cherokee Christian Ministerial Association, said he is not aware of any pastors or "Christian leaders" who are in favor of the proposal. He notes he counsels families who are broken because of alcohol and drugs, and the city's proposal won't do anything to keep them safe.

However, Gary Lamb, pastor at Action Church, said he supports the ordinance. While many pointed to religion as the basis of their opposition, Lamb notes the Bible actually encourages enjoying wine and fellowship, as it's a great way to bring people together. He also encouraged the opposition to stop equating "drinking with drunkenness."

"They are not the same," he said, adding he believed the proposal can help bolster Canton's downtown.

(For more news like this, find your local Patch here. If you have an iPhone, click here to get the free Patch iPhone app; download the free Patch Android app here)

For third-generation Canton resident Stephanie Forte, the proposal could give her an opportunity to explore keeping her business — Junk Drunk Jones — open later in the evenings. Forte said she has been working in the historic district for 16 years, and she's seen a steady progression of change. She notes she is in the process of opening a second business in the downtown area, and is in full support of the district. Forte added she would never support something that would "harm" the city.

“I trust that our city officials and law enforcement can implement a plan to reflect the needs of our downtown area," she added.

Ursula Cox, an unincorporated Cherokee County resident, said she ventures into the city for business, entertainment, shopping and eating. However, she believed the district is an unnecessary step. She states the city won't have control over consumption and city leaders will be "asking for trouble" with the change.

“This is not going to bring anything beneficial or enhance growth to this city," she added.

Following the public comments, city leaders struck up a debate and brought their own perspectives to the discussion. Estes said he was encouraged by the healthy debate. However, Estes said he believes Canton residents are adults and are able to make decisions on their own.

"We don't need the government to protect us and hold our hands and make moral decisions," he said, adding it will still be illegal to drink and be intoxicated on public property. Estes also said the ordinance is not a catch-all solution, but is one of the many ideas needed to support commerce and businesses.

Using First Friday events as a barometer of resident behavior, Council member Sandy McGrew said she sees people walking around with drinks all the time, and they are behaving normally. These patrons, she said, are not having sex or dancing naked in the streets while they explore the historic district. Cities that have similar entertainment districts in place — Smyrna, Woodstock, Acworth, Alpharetta and Savannah — are not in the news for drunk and disorderly behavior due to the laws, as it appears to be going smoothly in those jurisdictions, McGrew said.

The city of Woodstock enacted its entertainment district in March 2016. City Manager Jeff Moon said he's not aware of any complaints from residents since the district as created. With respect to litter, Woodstock has employed a part-time person to conduct trash detail on Saturdays and Sundays in downtown. This person, he notes, picks up garbage and empties trash cans in the right of way.

"The district obviously contributes to the volume of trash, but we were having to empty the trash cans on weekends prior to the district being approved anyway," he said.

According to Woodstock Police Chief Cal Moss, Woodstock has made seven disorderly conduct arrests in the downtown district in the last four years: 2 in 2015; 1 in 2016; 3 in 2017 and 1 in 2018 (as of July 1). As for public drunkenness, there were 5 in 2015, 8 in 2016, 6 in 2017 and 3 as of July 1, 2018.

Canton Councilman Jack Goodwin said he believed there is a difference between drinking inside an establishment and carrying a beverage in a to-go cup. He noted he believed the decision is the wrong step for the city. However, he did express optimism about the level of engagement by the public on this topic.

Council member Jo Ellen Wilson, who said she could not support the original ordinance, threw her approval behind the latest iteration of the proposal. She noted Canton Police Chief Mark Mitchell can provide reports on any incidents related to alcohol in the restaurant district once the one-year trial period ends. She also said other city staffers can provide aspects on whether the district had any impact on economic development, business license approvals and whether there are any additional costs associated with litter cleanup.

Councilman Bill Grant, who called on the city to try new things to spark vibrancy in the downtown area, said he noticed more unincorporated residents actually spoke in opposition to the proposal than speakers who live in the city limits.

"I serve the city of Canton residents, and they are the ones who I answer to," he said. "My concern is making the best decision for Canton."

Councilman Yawn proposed the spike in fines for any alcohol-related violations occurring in the district, an amendment that was accepted by city leaders. However, Yawn ended up voting against the district, as he struggled with the lack of data on both sides of the argument and that it also allowed residents to carry out drinks that contained liquor as well as beer and wine.

Mayor Gene Hobgood, who did not have an opportunity to vote, said he was concerned about the lack of "transparency" in the push to pass the ordinance. He noted the proposal has undergone three different changes since the first meeting in August.

“This ordinance has truly been a moving target since day one,” he said.

He noted he had mixed feelings about the proposal when it was first introduced, and it has now become clear that it's not in the best interest of the city. He noted he saw no plan to accommodate additional staffing and costs for any cleanup that would be needed. The proposal, Hobgood said, will only promote "alcohol-fueled events" within the restaurant district. This concern, he said, has even led residents to question whether they would come back to downtown Canton if the district goes into effect.

The mayor also said all residents, whether they live in the county seat or in unincorporated areas, have an interest in how Canton conducts its business. Unincorporated residents, Hobgood said, also come to downtown parks to play and visit restaurants, and possibly make up the majority of the membership at the Pruett YMCA facility on Waleska Street.

“It’s clear that unincorporated residents are important to the success to the city, and we should we consider their voices," he said.

Readers should note Hobgood has the power to veto the ordinance. However, the mayor has not given any indication that he would enact that privilege granted to him by the city's charter.

Image via Shutterstock