Burnside puts entertainment ordinance in place

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July 8, 2009

Policy defines what venues, events should seek permit

By CHRIS HARRIS and HEATHER PYLES, CJ Staff Writers The Commonwealth Journal Wed Jul 08, 2009, 08:22 PM EDT

It’s doubtful a party will be thrown in celebration of the occasion, but Burnside finally has its long-awaited entertainment ordinance in place.

The unanimous passage of an ordinance defining what is and isn’t considered “entertainment” — and as such would require the hosting establishment to obtain a license — marked the end of months of discussion on the topic. A first reading was given to the ordinance at last month’s meeting, meaning that it couldn’t be passed until a second reading was given.

Key points in the ordinance include:

• The definition of “a place of entertainment” to mean that the establishment collects some form of revenue — cover charge, tickets or general sales — as a result of people assembling in public to be entertained. This would include bingo parlors, pool and dance halls, game centers, bowling alleys, and miniature golf, but not private homes, circuses and county fairs, entertainment sponsored by religious institutions, or restaurants that provide entertainment for their customers’ dining pleasure.

Councilor Jim Rasnick requested that some of the language in the ordinance as written be cleaned up before becoming law. One such tweaking involved making sure the ordinance read that restaurants that have cover charges for live entertainment would also need a permit.

• The dollar amount to go along with an application for an entertainment permit was $100, up from $25 as originally noted in the ordinance, so as to better cover for advertising and background check costs. An investigation of the application’s “business reputation and moral character” will be conducted, and cause for dismissal of the application could include the business posing some form of public threat to “health, safety morals or general welfare.” Criteria involving how the business might affect the city in terms of police activity was added to the ordinance.

Councilor Ron Jones brought up a question of subjectivity: Who is to determine exactly what qualifies as an individual’s “unsatisfactory moral character,” or what is a threat to public morals, as worded in the ordinance? City Attorney Dan Thompson said that the City Council would be responsible for making those judgment calls, and that the U.S. Supreme Court holds that each community decides what is or is not appropriate based on its own individuals values — what is considered “obscene” in Burnside may not be in Lexington, for example.

• The city council can fix “reasonable hours of operation” for places of entertainment throughout the city. The council decided that midnight would be an appropriate closing time for all such Burnside establishments, and that they could re-open no earlier than 6 a.m.

• Rules for the appeal process for applications and any penalties sustained while operating an entertainment business were also detailed.

In related news, Pulaski citizen Shane Lanham was on hand stating his intention to bring an amateur boxing show to Burnside, possibly by September. Lanham inquired about what he would need to do to get the event off the ground, and as such would likely become the first applicant for an entertainment license under the new ordinance.

In other Burnside City Council business:

• Bob Blankenship of HMB Professional Engineers, the firm which has worked with the city an its recent upgrades to its water system, informed the council about grant money that could be available from the Kentucky Rural Development state office to do more water line maintenance. The funding would be 30 percent a grant and 70 percent a loan — a ratio which Rasnick felt was a little imbalanced.

Blankenship said the state agreed to work the with city on any size project, and offered two alternatives, one involving less work (only water line repairs on East French Ave.) and a project cost of $184,000; the other would add work replacing filters and controls at the water plant, and would also prepare for the pumping of Burnside sludge into Somerset sewers, at a cost of $624,000. The first option would result in an averaged 77 cent water bill increase per customer per month; the latter in a $2.61 increase. However, Blankenship noted, the Rural Development office prepares to work on bigger projects with bigger dollar amounts, thus encouraging the second option.

The interest rate on the loan is 2.75 percent, and can change quarterly. The loan can be paid with 40-year bonds, with principal deferred for two years. No matching funds are required by the city for the grant money.

“I didn’t expect 100 percent (to be in grant form) but 70 percent is a little bit strong,” said Rasnick.

Jones noted the importance of getting something done quickly, as businesses are “struggling” due to water line limitations in the downtown area.

Mayor Chuck Fourman said city officials would “mull over” the proposal and may pick and choose what they would want to do in the project, which Blankenship said would be feasible — the project didn’t have to be exactly either option as presented. As such, no action was taken.

• Jim Boyd, who has owned and operated the Seven Gables motel property since October of last year, revisited the council, unhappy with the way he’s being billed for his establishment’s water service. Boyd had complained earlier in the year of poor water quality at the motel and hadn’t been paying for water service, because the rates had been too high due to a leak. The council had worked out a payment plan they felt was appropriate after doing what they could to inspect the water situation in that area, which affects several businesses other than Boyd’s, but Boyd insisted upon an accurate reading before paying what he owes.

The council decided upon a payment plan this time which would have Boyd putting in $575 for previous months which have not been settled. The rates would be monitored for accuracy for a six-month period, and then an official monthly billing schedule would be decided upon.

Councilors Dic Gaskin and Craig Richardson were absent from the meeting Monday.

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Pulaski carries Girdler to win

In the weeks leading up to Tuesday’s primary election, it was impossible to miss the colorful signs dotting nearly every Pulaski roadway. The names in the race for the 15th State Senatorial District seat popped out: A.C. Donahue. Chris Girdler. Mark Polston.

Once citizens hit the ballots, however, the results mirrored the dimensions of the signs themselves: Chris Girdler stood the tallest.

Girdler, deputy district director for Congressman Harold “Hal” Rogers, ran away with the votes inside Pulaski County’s borders, earning 3,926 votes for 62.05 percent of the total number cast.

That number more than doubled the next highest vote-getter, businessman Mark Polston, who raked in 1,624 votes for 25.67 percent.

However, Polston — who owns Classic Carpet, a home-flooring business located just off the southern 914 bypass — can claim a moral victory ... three of them, in fact. In all three counties in the district other than Pulaski — those being Adair, Casey, and Russell Counties — Polston actually edged out Girdler.

In Adair, Polston beat Girdler 629 to 394. In Casey County, it was 538 to 417, and in Russell, it was 1,862 to 1,038.

Polston said he just “couldn’t pull it out with the numbers” and that “the machine worked for” Girdler in Pulaski County.

“I think that was their strategy — I think they had a Pulaski County strategy all along,” said Polston. “They played the political game well.”

Polston said the difference between his and Girdler’s campaigns was that “mine was a very, very grass roots campaign,” he said. “I did not have a political machine behind me. I understand how this process works, and in this instance, he prevailed.”

As for why Girdler didn’t take three of four counties, the winning candidate — since there are no Democrats in the race, winning the Republican primary was effectively a final victory for Girdler — said he didn’t have an answer for that.

However, “I believe things happen for a reason and I hope the long and strenuous campaign will only heighten my desire to move beyond the bitterness and partisanship of the recent past,” said Girdler.

“Regionalism is a goal of mine, and I look forward to helping all four counties,” he added, noting that he campaigned heavily in each of them.

Sen. Vernie McGaha, the long-time state senator whose seat the candidates were vying for, actually supported Polston after Liberty’s Todd Hoskins dropped out of the race earlier this month.

Donahue, a local attorney, got 556 votes in Pulaski County, 8.79 percent of the vote. He only received 145 votes in Russell County, 74 in Adair County, and 75 in Casey County, where hometown candidate Hoskins almost matched him with 71 votes despite no longer being officially in the race.

Polston said he’s “still digesting” what happened, and though “the process has been a very good experience for me,” he wouldn’t commit to running again in the future. “I wouldn’t shut the door to anything, but I’m not opening any doors either.”

Still, “I think I got a lot of people involved in the process that had not been involved before and would not have been otherwise,” he said. “A lot of people got out and worked really hard, got motivated to talk to friends and neighbors. I think a lot of people became involved through this campaign that are going to be involved for a long time.”

Girdler stressed his “positive message” and said that Rogers is a “mentor and good friend” that he would turn to for advice in dealing with a frequently combative legislative body in Frankfort, one for which Girdler hopes to help change the culture.

Girdler said that he was “confident and optimistic” during the day Tuesday because he’d “worked extremely hard.” Nevertheless, the realization that he’d won gave him “chill bumps,” he said.

“I’m absolutely honored,” said Girdler. “The position of state senator is more than an honor, more than an office. It’s a charge to keep, and I will give it my all.

“I pledge to be the people’s state senator,” he added. “I look forward to working with everyone to move this region forward.”

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