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Madeira retreats from new alcohol curbs

The proposed ban, which had early support, would have kept alcoholic beverages from public areas close to the beach.

By SHEILA MULLANE ESTRADA
Published November 13, 2005

MADEIRA BEACH - A proposal to ban alcoholic beverages from public parking lots and pavilions near the beach was killed by the commission Tuesday amid concerns that it would punish residents and tourists for the actions of a few "drunks."

Commissioners had already given initial approval to the new ordinance, but during discussions Tuesday, they voted it down.

The issue may be brought up again at a Dec. 13 workshop, but how it might be changed is unclear.

The proposed ban would not have affected drinking on the beach, itself, but raised both enforcement and fairness issues, according to commissioners. Madeira Beach and Treasure Island are the only beach cities to allow drinking on the beach.

The ordinance specifically addressed public parking lots and pavilions west of Gulf Boulevard. Current law prohibits open containers and consumption of alcoholic beverages on streets, sidewalks and open property, including commercial parking lots, beach accesses, Kitty Stuart Park and the beach picnic shelter at Archibald Park.

The issue arose after a number of alcohol-related incidents this summer at South Beach Park, as well as complaints from park visitors about intoxicated people loitering in the beach parking lots.

At the time, the city's community policing officer said the ordinance would eliminate confusion with enforcement of existing laws regarding alcohol consumption.

"This addresses people drinking and carousing in the parking lots. I don't have a problem with it," explained Mayor Charles Parker, who supported the ban.

Other commissioners argued Tuesday that the city already has laws governing public intoxication and did not need to enact a ban specific to parking lots.

"I have trouble taking away the rights of people who want to come to a pavilion and have a glass of wine at a picnic," said Commissioner Art Thomas, adding he did not want to "punish 100 people for one person who is drunk."

Thomas said the proposed ban would "intrude" on people's rights.

"I am not happy with it," said Commissioner John Wolbert. "I don't think it is enforceable."

Wolbert questioned whether a resident carrying a beer cooler to the beach might be arrested while crossing a parking lot.

Thomas also said he did not want "selective enforcement" or residents "put in handcuffs and hauled off" because they are having wine with dinner.

Still at issue is wording in an existing ordinance that prohibits alcoholic beverages in a picnic shelter at Archibald Park, where the city is considering a proposed public deck at the nearby Archibald Grill.

The grill serves alcoholic beverages and presumably some patrons would take those beverages to the pavilion. The new ordinance would have given an exception to alcoholic beverages sold by a licensed concessionaire.

This provision raised questions regarding how law enforcement would decide who to question when enforcing the alcoholic beverage ban.

Commissioner Martha Boos said the commission needs to better define the problem and "tailor" the language of any new ordinance.

[Last modified November 13, 2005, 03:00:43]