Published: October 14, 2009 09:34 am      

Right to compete

Winery owner continues pushing for Sunday sales

Local winery owner Lowell Land asked the Madison Fiscal Court on Tuesday to give him the right to compete with other businesses that sell alcohol on Sundays.

Land, who owns Acres of Land Winery on Barnes Mill Road, said not being able to sell wine on Sunday makes him “... inhibited in making a living.”

He voiced his discontent Tuesday about the fiscal court’s lack of action on the matter.

“I think I’ve done everything you asked me to do,” Land said. “You asked me to wait until after the election and I did that. You asked me to wait until (the Richmond City Commission) passed it (allowing city restaurants to sell alcohol by the drink on Sundays) and they did. I’ve waited patiently.”

Land was granted permission from the state to sell wine six days out of the week inside county limits that are dry otherwise.

This was done because the winery met certain state-mandated specifications to be deemed a tourist attraction.

However, this provision did not automatically allow him to sell his product on Sundays.

The amount of visitors who decided not to eat at the winery on Sunday because they did not sell wine is bothersome to Land.

“When I say ‘I’m sorry. We can’t sell wine on Sundays,’ they’re amazed,” he said. “It makes us look backward and it’s hurting my business.”

The winery’s restaurant and gift shop was destroyed by fire earlier this year, but Land said he was working to rebuild. He said he’d like to know what the magistrates are going to do about the issue.

Land also questioned the magistrates about their motives in not supporting the issue.

“I’ve heard comments like: ‘My people don’t want it,’” Land said. “Who are your people? To me, in this job, you are elected to represent all people, not just those people who happen to be against something or (in favor) of something.”

Land said in the past, certain magistrates had told him that voting in favor of Sunday alcohol sales of any kind was against their religion.

He considers this an issue of the separation of church and state.

“If you’re making a decision in the courtroom based on your religion, I think you’re in violation of the constitution,” Land said. “It’s a very serious operation if you’re guilty of that. It reeks of discrimination. Am I going to sue this county? Absolutely not. I love this county, I grew up in this county and I intend to spend the rest of my life here.”

During Tuesday’s meeting, Magistrate Bill Tudor said he was a moral person, and was in support of allowing Land to sell his product on Sundays.

Judge/Executive Kent Clark also said he was in support, but said he only represents one vote on the fiscal court.

However, Magistrates Roger Barger and Larry Combs said they remained against allowing Land to have Sunday alcohol sales.

Magistrate Harold Botner Jr. was out of town and unable to attend Tuesday’s meeting.

Clark said he would discuss the matter again with county magistrates, but did not give a definitive answer as to whether it would ever come down to a vote.

In other business:

• Two resolutions and an order were adopted Tuesday to aid in the progress of the Madison County Food Bank project.

One of the resolutions was to accept a $319,000 community development block grant that will be used for the construction of a new food bank to be located on E. Main Street in Richmond. However, the food bank’s services are available to anyone in the county, Clark said.

An order was needed for the county to enter into an agreement with the Department of Local Government to help pay moving fees for a one-bedroom residence that is located on the site of the new food bank.

“Whenever we wrote the grant, (the residence) was vacant,” said Bryan Kirby, grant administrator for the food bank project. “It took forever to get this funded, and in the meantime, it took on a resident. We are required under a federal relocation act to provide them with relocation assistance.”

The second resolution was adopted to allow architechtural designs to be done by Central Kentucky Design located in Madison County.

This decision was made by a three-person committee appointed by Clark. These committees are appointed any time the county receives community development block grants, and members are in charge of checking the qualifications of each applying business.

“It was discussed, and it was unanimous,” Clark said about the committee’s decision.

The amount being charged by Central Kentucky Design has yet to be determined, but can be contested by the fiscal court.

• An ordinance was passed amending the county’s current animal disturbance law that requires the complainant to have proof that the animal made the noise for one hour, non-stop, and that it occurred three times in a 30-day period.

The amended ordinance would change the annoyance time allotment to 30 minutes so it will be easier for complainants to get evidence that can be used in court proceedings, according to Keith Crawford, director of the Madison County Animal Shelter.

• The court entered into an agreement with the state transportation cabinet to help with work to be done on Dale Road and assist with installing right turning lanes at Kingston Elementary School.

The transportation cabinet is giving the county $32,789 for the blacktopping of Dale Road and $380,000 to assist in installing the turn lanes.

• Clark announced the court had received $35,000 from the Rural Secondary Emergency Road Fund to rebuild a dilapidated wooden bridge known as Dry Branch Bridge.

The county will be doing all construction work, and the work should begin in about two weeks, Clark said.

• A bid to reconstruct the Battlefield slave quarters was awarded Tuesday to RL Curry Inc. based in Richmond in the amount of $91,000.

This was the highest out of the three bids received, with the lowest bidder being Larry Coffey Construction Inc. based in Berea. The second lowest bid was from Brummett Enterprise based in Richmond.

Historic properties director Phillip Seyfrit read a letter to the court Tuesday that was written by architect Greg Fitzsimons, who wrote that he was not confident enough in the two low bidders’ ability to work on historical restoration projects.

RL Curry Inc. assisted the county in remodeling the Battle of Richmond Visitor’s Center.

• Seyfrit announced to the court that the visitor’s center recently was featured in the most recent edition of “Civil War Times” magazine, which is a national, well-known publication, he said.

• Clark announced that the county will observe Trick or Treat on Saturday, Oct. 31 from 5 p.m. to 8 p.m.

The next meeting of the Madison Fiscal Court is scheduled for 9:30 a.m. Tuesday, Oct. 27 at the county courthouse.

Ronica Shannon can be reached at rshannon@richmondregister.com or 624-6608.