By DAVE HAMRICK
Staff Writer

Fayetteville officials probably will take a good look at the city's alcohol ordinance with an eye to making some changes, said Mayor Mike Wheat Tuesday.

Twenty of 39 beer and wine licenses in the city will be suspended for 30 days starting Jan. 1 as a result of a police sting last June in which the stores and restaurants were caught selling to a minor.

During a public hearing on the charges Monday, seven business owners who had asked for the hearing admitted that their employees had sold to minors, but argued that the city's law is too harsh and arbitrary, and Wheat said Tuesday morning that council members were listening.

“There was some valid input,” he said. “I think the council will address that somehow.”

Of particular concern, he said, was the argument that a second offense could give disgruntled employees the ammunition needed to close a business down for good.

A 30-day license suspension is mandatory for a first offense, and a 12-month suspension also is mandatory for a second offense. And there's no time limit on that, said Police Chief Johnny Roberts.

Business owners said there is no way they can survive a 12-month suspension. Not only do they lose revenue from the alcohol sales, but many regular customers would disappear as well, said the owners.

That puts a disgruntled employee in the driver's seat, they said.

“The council is concerned about that, and I think they'll address it,” said Wheat.

Some business owners also complained that too much of the penalty for selling to minors falls on the business rather than on the employee who actually sells the alcohol.

Jail time for workers convicted of selling to minors, and lesser penalties for businesses if the owners were unaware of the infraction, would be more fair, suggested the owners.

Ironically, Fayetteville's alcohol ordinance was rewritten two years ago because city officials felt it was focused too much on the employee and not on the business, said Wheat.

“We had had some trouble with at least one establishment selling to minors several times,” he said. “The ordinance was punitive to the individual who made the sale, but not the establishment.

“The establishment has a responsibility to train the employees properly,” he added.

Restaurant owners said they can train employees exhaustively, but they can't be there every minute of the day to watch them, and there should be some provision for leniency.

Wheat said those who feel the ordinance needs to be changed should make their suggestions to city manager Mike Bryant, and at some point the council probably will review the ordinance.