[0:00] Good.
[4:10] to call the roll please.
>> Yes, sir.
[4:15] » Molly Antonine
>> here.
[4:16] » Alex bet
>> here.
[4:18] » Danny Brit
>> here.
[4:19] » Billy
>> here.
[4:23] » Roger Whitley
>> here.
[4:24] » Mayor here.
>> Thank you all.
[4:28] It's been suggested that u rather than
do public comment right now, let's let's
[4:33] have council discussion first and then
public comments. Council discussion that
[4:38] beg agreeable to everybody.
I see no objection. So we'll go that.
[4:44] So we get right into the new business.
The reason for this special session is
[4:49] to get this beles and beverage tax
issued
[4:54] straight.
First thing I want to say is that the
[4:59] town administrator
has
[5:03] done her job. She is sworn to follow the
ordinances and the laws as they see fit
[5:11] and she's trying to do that. So don't
give her a hard time about what's been
[5:15] going on because it's not her fault.
way I see this thing and we had plenty
[5:20] of discussion on it last week before we
we
[5:24] voted on Dan's um a motion.
[5:31] We according to Mr. Bowling we can
suspend
[5:36] uh enforcing the beverage part of the
meals tax through the end of the year so
[5:41] desire correct. Um, you better be
specific about where you want to suspend
[5:48] the whole department. Is that correct?
>> Well, we're talking about the four
[5:53] chamber of
>> the whole four chamber of
[5:59] Well,
>> also,
[6:04] » right,
>> specifically name those events. Correct.
[6:09] » Yeah.
>> Not just the location. We got just four.
[6:12] Just telling.
>> Yeah.
[6:14] » So, we got two Fridays left. We got the
holiday happening. We got the wine fest,
[6:18] right?
>> Yep.
[6:20] » Okay. So, if we entertain a motion to
suspend the collection of the beverage
[6:27] taxes
on those four events, that's illegal for
[6:31] us to do that tonight.
>> Uh, I would suspend both the food and
[6:34] beverage tax because they go together.
I understand where you're coming from,
[6:40] but I think it's
I think it is u
[6:47] unfair to the restaurants that don't
participate in riding on the canal to
[6:54] have to pay food tax while those local
restaurants that do participate have to
[6:59] pay don't have to pay food service. See
where I'm coming from?
[7:02] » I think the difference is is the type of
vendor they are. But your your
[7:06] authorities on the interals tax
[7:11] suspend
what do we call that period of time
[7:16] how many more months
>> till the end of the year
[7:20] » if I were doing it I'd suspend the food
beverage
[7:24] issue specifically the 40 until you have
the chance to meet fresh air.
[7:31] » Well we're talking about we're talking
about the farmers market and canal base.
[7:35] Well, I get them mixed up. I call them
both phones.
[7:41] » You need to come out there and then
you'll remember to clarify.
[7:45] » Let's just say the four events that are
sponsored by the chamber.
[7:49] » This is the most important issue we have
today is to talk about um the chamber
[7:54] and there are four events coming up of
where we want to be.
[7:58] » James, why don't you come up here?
>> So, so to answer your question, you can
[8:02] do that.
both.
[8:08] » Can we volunteer collect a meals tax?
>> Can we voluntarily collect meals tax on
[8:14] food that is sold whether it's enforced
on both or not?
[8:18] » Yeah. So that's what I would say. If
that's what your suggestion as the law
[8:22] goes, our uh food vendors that have been
collecting meals tax will continue to
[8:27] voluntarily collect meals tax. That's
what we agreed on. That's what I would
[8:31] like to state to. So tax includes food
and it includes beverages station.
[8:40] So this is why I'm saying but if you
want to collect it and limit it that's
[8:44] fine. I don't think it counts but very
>> well there's isn't there a difference
[8:51] between a vendor that sells food and
beverages and one that just sells
[8:57] beverages?
>> Not the purposes of your tax. There's an
[9:01] important concept here and that is that
if you're a municipality, you are not
[9:06] county and you're enabling legislation,
your authority to enact in the news tax
[9:11] is distinct and separate apart from the
authority of the county operates. That's
[9:16] very important to understand what's
going on and by the state
[9:27] and they have not tested broader pathies
and we're not subject to the hill
[9:36] although there are
>> overall or just for this
[9:40] » plan for this
>> Mr. I just want to take a moment just to
[9:45] just step back just for a moment just to
say how did we get here. So we as a
[9:49] council and again I speak for myself but
I want to speak in a way that we are
[9:55] very thankful for the chamber all that
you do. We're thankful for our town
[10:00] staff and all they do. We are trying to
simply affirm the events that have been
[10:07] scheduled. First of all we regret that
there's been confusion. We regret that
[10:12] there's been misunderstanding in how
whatever the source from my perspective
[10:19] I view it's like a football game it's
the third quarter and I'm not really
[10:23] interested in at the moment talking
about what happened in the first half
[10:27] West Virginia team had a good first half
the other day
[10:30] but but what I would like to do here is
have a good second half so so for us and
[10:37] just to say this so what we're doing
tonight is simply to say I think and I
[10:42] say this to you James as a council and
again anybody could say something
[10:48] differently if they have a different
thought. Um but we are supportive of the
[10:52] chamber. We ran into the problem.
We want to make sure we solve it
[10:58] tonight. We want to make sure that you
can plan the events that you need to
[11:04] plan though for this year. I think
talking about 27 would be better enough
[11:09] time tonight. I just want to for me
personally also whatever happened and
[11:14] how we got here it's extremely relevant
but it's not relevant to solving this
[11:19] problem I simply want to make sure that
you have what you need and I think we
[11:23] all feel that way that we want to make
sure that you have what you need we want
[11:26] to make sure if anybody wants to say
anything at some point in the meeting
[11:29] that needs to be said
>> I just wanted to verify what have we
[11:35] done in the past up till now like even
just for this fiscal year
[11:39] » well We have not been assessing the
meals tax such events as the Columbus
[11:45] mark until
>> the canal
[11:51] canal basement.
>> We're going to take a tour.
[11:56] That's
>> No, they're boats at Canal Bas. You
[11:59] can't visit. had not been assessing that
and the field I think this summer.
[12:04] » Uhhuh.
>> And um the county administrator made a
[12:08] decision not to do any assessment for
June
[12:13] June and July and then started up an
assessment all commenced while
[12:18] » okay um because don't we um No, I was
talking I'm sorry. Um, so when we are
[12:26] assessing this and we're looking at it
and we haven't done that in the past, is
[12:32] it reasonable to say that we should just
continue as usual until the end of the
[12:38] year?
>> That's that's certainly a good point. I
[12:42] mean that's why I said
[12:46] » you had the discretion to call time out
to figure out exactly what to do.
[12:53] » I think that's very reasonable.
>> You understand that the authority for
[12:57] you exercise your tax under specifically
addresses farmers markets and farm
[13:04] stands.
>> It says you can tax them but then it
[13:07] provides for $2,500 a year exemption.
Right. So that's what I'm I'm never
[13:14] completely tough about much any law, but
I'm fairly tough at the definition
[13:19] to assess what you what I call deals tax
sales tax in Alb Square and Farmer's
[13:28] Park by the chamber.
>> Okay. But you certainly have the right
[13:34] and I believe the authority and power to
put off a decision about what you're
[13:39] going to do for this until the end of
the year and start again 2027 after
[13:45] you've had time to deliberate on what
you want to do going forward. You have
[13:49] not been taxing such items in the past.
We have been I would like to clarify. We
[13:58] have been taxing the canal basin square
events for food.
[14:04] » What about
>> Well, our tax is food and beverage. It
[14:08] includes everything. I'm not
>> separating the food.
[14:12] » Are you an attorney or something?
Because I feel like you are just
[14:16] bringing up all the attorneys.
[14:21] What is she
point out? I get the submitts every
[14:28] month from the different food vendors.
Mr. Walker said in the last meeting he
[14:33] pointed out that one of the well places
had submitted their payments. Also the
[14:41] barn at 678 the winery that is from 676
they also submitted for the payment pend
[14:48] this was all pointed out you know a
couple weeks ago too I confirmed it yes
[14:52] they paid in May. So we have been
collecting money and then in reference
[14:58] to the town administrator, our treasurer
deciding not to impose the tax. That was
[15:06] an agreement between James Walker came
in to my office for a meeting along with
[15:12] Jackman representing um bodies on the
canal
[15:18] in reference to the barn at 676. I'm
sorry. Except
[15:23] » if I'm snowball the boring in reference
to that because they had paid in May
[15:30] and I was like okay thank thank you and
they asked will you not make the pay in
[15:36] June and July they're they're you know
reluctant they don't want to do that so
[15:41] we made an agreement that I would not
charge them for June and July and that
[15:49] we would moving forward then that's what
they would be taxed. Now, it seems like
[15:55] that agreement and it is in writing um
that I made with with that vendor.
[16:01] » I haven't seen that. Do you have that
the agreement?
[16:06] » It you sent it to me in an email.
>> No, I haven't sent it to to you all. I
[16:11] sent it to the owner of the company of
that vendor to say, "Okay, yes, I'm not
[16:17] going to do June and July." Oh, so it
was just those two months.
[16:22] » Yes. And so now it's morphed into
it's, you know, I guess under discussion
[16:29] are all the vendors.
>> Well, we haven't talked about not
[16:33] looking at the past. I'm glad for you to
just keep on going, but um you know,
[16:39] you're arguing your position. I don't
know what else we're going to get from
[16:44] this that we haven't gotten from all the
emails. So should we talk about what we
[16:50] can do?
>> That's what he was doing.
[16:52] » Come back to you. So James, um, one of
the things we were communicating about,
[17:00] we want to make sure Absolutely. that we
cover what you need. And so if you tell
[17:06] us a little bit just about
when you you all were under duress
[17:12] because you had to postpone decisions
that are financial the financial
[17:18] consequences and we're thankful that in
good faith people have waited for this
[17:22] meeting. But that said, what do you need
as a chamber? So we need assurance that
[17:31] we can move forward as we have been
moving as we have been pre uh for the
[17:37] previous months out of the year. And we
need to know that our vendors and that
[17:43] we are not going to be getting letters
requesting taxes being collected on
[17:49] alcohol only sales.
>> When you say assurance, define what you
[17:52] mean by assurance. Well, I don't know if
y'all it was late in the evening, but I
[17:56] did or late today, but I did send in a
motion that I think covers everything.
[18:00] It lists out the specific events that we
have left in the um year, and it was uh
[18:07] uh uh drafted by the chamber and with
guidance from our attorney. And so, I
[18:12] think it covers the legal aspect. I
don't know if you had a chance to review
[18:15] it, Jim. I looked at it very quickly,
but I think again it gets confused about
[18:21] the authority of the county which
municipalities charge tax and a county
[18:27] and I again give me because I just
looked at it when I came in but that was
[18:34] often cost a penny of it but so I keep
saying the town I don't want to give the
[18:39] town the power and authority of town
unless the county wants to do that then
[18:44] it's fun how counsel is this master
bastard so investment here and they can
[18:48] do what they want to but you at least
ought to understand what you're doing
[18:53] and why you're doing that's the reason
and Mr. Bowling, just to follow up on
[18:57] you and also you, James, and just so
everybody out there understands,
[19:02] we may be into the nitty-gritty a little
bit, but ultimately when we're done
[19:06] tonight, I think we're going to come up
with some favorable way for you to move
[19:11] forward and we might have to might take
a little work to find it, but go
[19:15] continue.
>> Yep. So, it specifically lists the
[19:17] Fridays on the Canal, the Riverbin Wine
Festival, and the holiday happenings
[19:21] events that are left in this year. So,
the four events we've been talking
[19:26] about, it specifically mentions uh the
enforcement of the meals tax ordinance
[19:32] as it applies to our dinner businesses
selling alcohol without food. Uh pending
[19:38] pending adoption of a formal interim
plan and or consideration of amendment
[19:42] of the present meals tax ordinance.
Scotsville code lists that u and the
[19:48] following events. So, that's part one.
Uh part two is uh to modify the recently
[19:54] revised payment date for such tax
itinerant businesses. So the businesses
[19:58] that will be paying meals tax is what
we're referring to in this uh number two
[20:04] that they will be able to uh
turn business to reflect any meals tax
[20:09] required from temporary vendors at these
events to be reported and remitted by
[20:14] the 20th day of the following month
consistent with Scotsville Code such and
[20:18] such such and such.
So
[20:23] the businesses that are collecting meals
tax, we want them to be able to pay by
[20:27] the 20th of next month as opposed to the
following Monday which is being asked of
[20:30] us now which is also in the state code
which is also how other municipalities
[20:36] around the state do it. pounds
>> that that problem, right? To pay later
[20:42] is that's not right
>> to to play to pay if we were if they
[20:48] paid it later versus a day like that's
they're still paying.
[20:53] » Well, that's true. They are still paying
it. But what's it's it's not a problem,
[20:58] but basically you can do away with the
kids tax if that's what you want to do,
[21:02] but if you decide to do that, you need
to do it for everybody in the town.
[21:07] where investors
>> well I guess if we doing away with
[21:10] everybody and the food vendors
voluntarily pay it's okay if they pay uh
[21:15] three weeks later
>> yeah you could
[21:20] town
that
[21:23] » I think the question I think is really
if they have the canal square on Friday
[21:30] they would like to have the payment
everything done by Monday he's asking
[21:34] them if you really want to get down to
Monday is technically follow business
[21:39] day. That's three days to maybe uh we
suggested it's not enough time for the
[21:45] vendor or whoever can get their numbers
together to make
[21:51] if it's okay to extend that instead of
following Monday maybe a week from the
[21:56] day
>> that I think that
[22:00] » to the 20th which is
>> just going forward here we get all
[22:02] straight
>> that makes sense to me
[22:06] » that's point number two point number
And the first one I think is just point
[22:12] number the the pause of enforcement of
the meals tax. Mr. Bowling, did you see
[22:17] that on the first one? Just
>> I just came in.
[22:23] » I figured you'd be all knowing, Mr.
>> No, I'm not I'm telling you be careful
[22:27] here.
[22:30] » Sure. We don't want to do that.
>> You're talking restaurants and farmers
[22:36] market. And we're not just talking about
>> antenna.
[22:48] » Yeah. Well, I don't think we can do
that.
[22:51] » No, we listed specific events on the
>> list. Yeah, we listed specific events.
[22:55] » Okay.
[22:59] We're we're talking about the point of
just pausing on enforcement until we
[23:06] sort out the
>> Well, I have no problem with the policy
[23:08] enforcement, but I do have a problem
because more subsc
[23:21] » Well, the the point the first point was
to pause the enforcement, which we've
[23:25] already talked about. I don't have any
problem with that.
[23:28] » And then the second one was simply to
change the date of when the payment.
[23:33] » But if we're pausing enforcement and
we're paying voluntarily, I don't see
[23:36] that. That seems like a new point.
>> That's not too No, the third one is the
[23:42] itinerate
lure of non-food vendors that are
[23:46] operating under temporary basis under
nonprofit license. So, as uh we paid
[23:53] earlier as a nonprofit, we paid the bold
taxes for the event to sponsor the event
[24:00] to have the other businesses underneath
of our umbrella of a nonprofit sponsored
[24:06] event.
>> Well, that's now you're into the
[24:08] business class side.
>> Yes.
[24:10] » And I'm not even sure that as I talked
to council about it that attended venues
[24:15] is the best classification to deal with
here. There's another classification in
[24:20] your business license which is makes
more sense why I consider that but
[24:27] issue
[24:32] » well to stay on on on
the issues of what we're being asked to
[24:37] do and what we were asked to do
originally is we were originally told
[24:40] that we could pay as a nonprofit sponsor
the event and itinerate merchants could
[24:46] » be under that budget. There is a way you
can uh you can make this all go away.
[24:51] That is the chamber could collect all
revenues from the sale of of meals and
[24:57] and wine. Okay.
>> And and no vendors would come if they
[25:02] had to turn over all their money to us.
Well, no. So, we're trying to keep the
[25:06] events going. So, let's not even worry
about that.
[25:08] » That's in the code, you know.
>> Well, we're trying to find code that
[25:11] keeps the events going.
>> No, but that's that doesn't work. But
[25:15] which temporary pause,
>> Mr. I'm sorry to cut you off. Is this
[25:22] one where it talks about the 3750? Is
that the one you're referring to?
[25:26] » That's right.
>> So, can you explain that?
[25:30] » It's it's from your email.
>> Which paragraphs?
[25:33] » This is the last paragraph, page three
of your email. Alcohol beverages being
[25:38] required to obtain an offsite premises
wine and beer license of 7750 annual.
[25:44] Yeah, it seems to me that a better
category than a tennis brand which
[25:48] charges $500 a
design
[25:54] to the
benefit as opposed to
[25:59] businesses
not exact classification as
[26:07] an offsite premises wide theoriz
[26:13] each vendor
[26:16] It's it's in your business license tax
code.
[26:19] » Can Can we, Mr. Bowling, are we able to
on that subject?
[26:24] That may be what we did. Can we go with
what we already have? What what they
[26:29] already have to do?
>> We've already paid the $50 per event
[26:35] for the to be the nonprofit sponsorship
of the event. So, non
[26:39] » Well, then that that sounds okay to me.
That's what council wants to do. that's
[26:43] already been paid, checks been cashed.
That was done back in uh May.
[26:46] » But but there is still an issue of what
you want to do about the there's a
[26:51] separate issue
of these independent vendors because
[26:55] town chamber is not getting the money
for sickness. Okay. They're they're
[27:00] they're
umbrella type cover for them, but
[27:05] they're not collecting the money. There
is a specific exemption in the chain.
[27:08] We're going to collect all the money and
then it could have the exemption and
[27:12] then it could disperse the money back to
the vendors. But there isn't a specific
[27:17] exemption what you're talking about.
>> But can we pause that enforcement as
[27:20] laid out in point three to pause
enforcement of itinerate license for non
[27:24] vendors
>> but see I don't I don't think that
[27:27] vendors authority is the proper
classification what's going on
[27:32] classification in your business license
tax. So should we cross out itenerate
[27:37] license and write in?
>> Well, I don't know things tonight.
[27:47] Put everything off as far as just time
out and then make your decisions later
[27:52] when you've had time.
>> That that is that was our plan. That's
[27:57] what we essentially voted on last time,
but we just said continue as we have
[28:01] been instead of pausing enforcement. And
Mr. And correct me if I get this wrong,
[28:06] which I'm apt to do.
>> Oh, damn.
[28:09] » With the ability on this particular
point three here, if we simply pause
[28:17] and we are off on that front,
>> I don't know what 3 is sir.
[28:21] » 3 is about what you just talked about
>> the business.
[28:25] I haven't seen what your
[28:30] stuff. I think I knew that my pearl and
your pearl
[28:35] stop
would be concerned about
[28:40] wheels from the rest.
>> No, that's correct. We're simply trying
[28:44] to on this particular point if we pause
from making any further collection
[28:54] we consider after these events on what
we're going to do in 2027. Is that
[29:00] acceptable with this particular issue
that we just talked about?
[29:04] » I think I've said in my emails to
>> it's acceptable.
[29:08] » It's acceptable for 2026 to address the
issue to figure out exactly.
[29:14] » Perfect. But you need you need to come
back and make a decision how you want to
[29:19] handle it.
>> Absolutely. That's correct. where we
[29:22] have been in a situation where we've
miscommunicated and we're trying to sort
[29:26] out in a way
>> and the reason for that is not that I
[29:29] mean chamber does a great thing by
having these these events here.
[29:33] » Yeah. With no vendors it would be pretty
bad I think.
[29:36] » Yeah. It's benefit for the town and town
citizens and the businesses there but
[29:42] you have to treat everybody the same and
that's what I'm concerned
[29:47] as far as tax go
>> is it? Yes. And and the other thing I'm
[29:51] concerned about I want to say this is
that there's there's some rules in
[29:55] interpreting all this stuff and as far
as exemptions go if if exemptions from
[30:01] taxation are strictly construed rule is
everybody pays taxes and if the general
[30:06] assembly had wanted a blanket total
exemption for
[30:11] sales farm farm markets or farmers
vendor farmer things would have said so
[30:18] didn't say that $2500
these notions that you're on call
[30:25] with the farmers market and has nothing
to do
[30:30] » not the canal basing
[30:34] is to keep moving into the farmers
market. We want you at the Canal Basin.
[30:37] That's what they say.
>> Well, is this with Canal Bas you're now
[30:42] talking about, right?
>> Yes.
[30:44] » A wine festival and food concert
>> and a free concert.
[30:49] » Food trucks.
>> Food trucks.
[30:51] » Food trucks and some snow cones and you
know that kind of thing. And I think I
[30:55] just heard you say, sir,
>> those are not itinerant
[31:00] » merchants under the code. They can be
looked at differently. So we shouldn't
[31:04] even be saying that they owe whatever
for itinerate.
[31:08] » Well, it gets complicated business
saying I kind of hate to say the word
[31:14] it's complicated.
>> It is. Yes.
[31:16] » Yes.
For business taxes. There's a science
[31:20] problem.
if they're if if food trucks are are
[31:25] selling um here, there, and everywhere,
but they tax a business license at let's
[31:30] say Gman County or Buckingham County or
Savannah County or Outlaw County or
[31:35] wherever it is, maybe you got a size
problem, which is a separate
[31:40] separate deal.
So, I'm concerned about that problem,
[31:45] too.
>> You don't think they're paying that?
[31:48] » I don't know what they're doing.
>> Okay.
[31:51] I mean
>> they are just going rogue.
[31:54] » I kind of everybody feels probably the
same way about taxes that I do. I
[31:57] haven't found anybody that likes to pay
taxes.
[32:00] » Sure.
>> I think we're further from a decision
[32:04] because it's not clear if we can do what
we want to do. I think you're saying
[32:09] yes, put it on pause. Figure out what
you're going to do for 27. But then you
[32:15] start talking again about the
>> Can you figure out what you want to do?
[32:20] We want we want to do
>> what we want to do is stop getting
[32:23] letters and enforcement notices from the
town that are going to scare away
[32:27] vendors from being at
>> events
[32:30] on on the
enforcement of the meals tax and
[32:35] business license tax
[32:44] » for the remainder of 2026 to give you
time to figure out what you want to do.
[32:48] Can that be put in writing vote on that?
[32:57] » Why are there more steps being added to
that? That seems like with So, so if we
[33:02] make a motion and someone names those
four specific events sponsored by the
[33:07] chamber
and only those four then
[33:12] » is
>> and it covers the which I don't even
[33:15] think the the business license is an
itinerary. I think you it's being
[33:19] mclassified if they call it itinerate
but
[33:23] » it's those four events and then
[33:29] the motion is to suspend
>> the enforcement of
[33:34] meals tax which includes
[33:39] alcohol
and prepared meals food
[33:44] and the business license collection.
That would cover it. Am I
[33:50] » No.
[33:56] Facts decide exactly what to do.
>> Yes. And and and and I would I would say
[34:01] also if um we we're not waiting till
Christmas. Uh we need to start in on
[34:08] that work session.
>> Yes. uh to unravel that and rewrite
[34:12] tweak the code because I know that there
are deadlines that already start in the
[34:17] fall.
>> Yeah.
[34:18] » So we don't and we don't want
>> concerned it's got to be turned in
[34:21] before as a mot to the state before
December.
[34:24] » Worst thing of all for a business is
uncertainty. So we need to remove that
[34:28] and and and press.
>> All right. I've said it all. I'm upset.
[34:34] » You have.
>> So y'all y'all y'all make the motion.
[34:41] questions here and
um so council determines that alcohol
[34:46] should not be subject to the Scottsville
mules tax and Virginia law authorizes
[34:52] that policy um then council it's my
understanding can amend the ordinance
[34:56] and I will administer the ordinance
council adopts
[35:01] um but my concern is procedural and
fudiciary as the treasurer I should not
[35:07] decide administr stratedly the tax
imposed by the existing town code will
[35:11] no longer be collected nor Elizabeth let
me just interrupt you you wouldn't be we
[35:18] last one of the difficulties
we faced last time was when we as a
[35:25] council made a resolution and I say this
nicely there was a letter sent that
[35:31] miscommunicated what this council did to
the town and that letter once caused
[35:38] much misunderstanding. And right now, as
a council, we again are simply saying
[35:45] that we're going to suspend
what
[35:49] would normally take place. And again, I
I'm not trying to look backwards. I'd
[35:53] like to look forwards. And I'm simply
encouraging you to do the same thing.
[35:57] » I understand that and I appreciate that.
But
[36:02] I would like town council.
>> How about So noted. Excuse me.
[36:07] » Hi.
[36:11] » I I would like to ask or direct town
council or ask town council to direct
[36:16] the town attorney to determine and
provide in writing the statutory
[36:21] authority available to the town of
Scottsville to exempt alcohol beverages
[36:26] or whatever the terminology is to put
on.
[36:29] » Okay. So, you're asking us to do this?
>> Talking please. I'm just trying to
[36:33] figure out where you're going with this.
>> I am asking you all to ask the attorney
[36:42] to provide you writing with statuto
authority to say that that we're going
[36:46] to put the collection on hold
>> and you're going to decide about
[36:51] » stop talking.
>> No, I can talk when I want to. Do you
[36:55] realize who you are in this scenario?
>> I do.
[36:59] » You work for us. I don't understand what
your attitude is about. You want us to
[37:05] prove that our wishes and what we're
asking of you is completely under
[37:12] whatever you need it to be.
>> Yes.
[37:16] » An oath to for the treasury here to be
the treasurer to do to uphold the state
[37:22] law and the regulations. Okay. Whether
you think it's important or not. So
[37:27] whatever we decide you are going to
decide again is that someone asks the
[37:34] attorney to provide in in writing to me
so I know that I'm doing the correct and
[37:39] proper thing. Oh my god, we've all been
writing
[37:42] » the town council bastard of its own
affairs and if he can direct the town
[37:48] administrator to temporarily cause
enforcement of meals tax and business
[37:53] license tax ordinance
and deliberate further deliberation town
[37:59] councs
to do going forward.
[38:03] » I I move I move that what Mr. What Mr.
Bowling just said
[38:10] » what Mr. Bowling Elizabeth, excuse me.
What Mr. Bowling just said. That is my
[38:14] motion.
>> That's my motion. Do I have any seconds?
[38:17] » Second.
>> Sorry.
[38:21] » I thought that's what we did last week.
>> We did.
[38:23] » We did.
>> Except for decided to over
[38:26] » except except for at the very end we
were talking about the questions that I
[38:31] wanted to ask Mr. Bolan and I said, "Oh,
that's a great idea. Why don't we get
[38:35] those questions answered?" And so you
just moved on it anyway.
[38:38] » I have it, you know, it's recorded
so many minutes into it. Then you say, I
[38:44] think um at one minute and 8 seconds
into it, you say, I think we should um
[38:52] go by what pending Mr. Bowling's
responses.
[38:56] » And we just heard what that is.
>> Well, I've we've also seen the emails
[39:02] that where Mr. Bowling has changed his
mind. has not several different
[39:10] email that I provide Mr. Mayor was
copied this way.
[39:14] » I I will just say this again. My
intention is not to throw stones at the
[39:19] past simply to resolve the problem. We
may disagree about some things. I'm
[39:23] appreciative of of your job as the town
administrator. I disagree with you on
[39:28] this issue and I disagree too strongly,
but I respect your position. So that
[39:33] said, I would like to see us vote again
to affirm what Mr. Bowling just said. He
[39:41] articulated well what we needed and I
think James that what he said I think
[39:46] implies also with what you're looking
for. Correct. We missed something.
[39:49] » The only thing I'm worried about is that
we're going to get a letter at 4:00 this
[39:53] next Friday's on the connect.
>> If if you get a letter if you get a
[39:57] letter that will be in violation of what
happened here. And to me, if there's a
[40:02] violation like that,
>> there has been
[40:04] » if if there's a violation like that out
on the public record, to me that is a
[40:10] that is something that is somebody's
violating their oath. I'll just say it
[40:15] that way. And and so in in that sense,
if if there's threats, it wouldn't make
[40:21] any sense. I mean, it's clear what the
council wants. It's clear what the
[40:25] council wants. And we have a town
administrator willing to abide what our
[40:29] town attorneys just said.
>> Could the town clerk state the motion
[40:35] that was made?
[40:41] » We need the motion.
>> Rewind the video. The motion on the
[40:46] floor, as I understand it, was to
suspend the collection of meals tax,
[40:54] which is foods, beverages,
including alcohol for the four remaining
[41:01] events, the ch for the chamber of
commerce
[41:05] is collectively holding until the end of
the year. Is that correct? and business
[41:09] until county councils had a chance to go
fully
[41:15] » but those four events especially
>> and business tax too
[41:18] » so business and okay
>> and I'm going to add one thing to that
[41:22] is that that there will be no
communication from staff to
[41:31] » further communication
>> should the motion
[41:35] have in it that the council directs the
have a treasurer to suspend.
[41:40] » Yes.
>> Enforcement.
[41:41] » That is the word
that I would choose. Okay.
[41:45] » All right. Does everyone understand a
motion on the table?
[41:48] » Yes.
>> Yes. Wonderful.
[41:50] » It's been seconded.
>> It's been first and seconded. May I call
[41:54] rolling?
>> Yes.
[41:55] » You want to open public comment for
>> public comment? Do you want to open
[42:00] public comment?
>> Mr. Good idea.
[42:02] » Do you want to open public comment
because it's on the agenda?
[42:06] publication
to comment on this one way or the other.
[42:11] » Yes, sir.
>> I'd like to Alex,
[42:22] Mr.
>> Yes. I I caution everyone in here to
[42:29] make sure that this is communicated
clearly so our restaurants and bars
[42:36] don't get any confusion in this process
because events
[42:42] and it's specifically to
the panel bas square and or I guess
[42:49] farmers market wherever it's
>> it's all it's all
[42:53] » okay because otherwise it's going to be
interpreted and miscon
[42:58] » confused. Whatever. And misconstrued.
>> Yeah.
[43:01] » So, please everybody make sure they say
it.
[43:04] » Will you make sure you tell everybody?
>> I definitely will. But I had I've had a
[43:10] major restaurant tour asking me
questions today that I'm sure
[43:14] » they're already confused and frustrated.
>> Are you still confused?
[43:18] » No, I'm not.
>> Okay. I wasn't. I wasn't going to, but I
[43:23] want to make sure the communications in
the town are
[43:27] » and I'm glad to make communications
about this, but maybe as a
[43:32] uh business in this town, you could talk
to people and let them know that we're
[43:37] doing everything we can to make sure
>> the right thing
[43:40] » and have no problem with anything said
at all. Matter of how it dissipates
[43:46] after it leaves this room.
>> Yeah.
[43:48] » Thank you. So, now we got
>> So, so now I like to get confusion out
[43:52] in the taken care of. If you have a
brick and mortar place and you running a
[43:57] booth at the at the U at the Canal Basin
Square
[44:02] » for your sales at the Canal Basin
Square, would those be
[44:06] » free from taxes? And I'll pick on the
brewery because I know they support
[44:10] everything.
>> So, so would they would they be exempt
[44:14] on those sales? And I imagine it
probably more difficult. I don't know
[44:17] how they run their business, but they
even separate it out. So, just go ahead
[44:20] and collect it anyways and roll it in
under.
[44:24] » Yeah, I can also add to that for the
September and October Fridays on the
[44:28] Canal events, all the food vendors are
town vendors, Red Rose Club, Mr. Z's
[44:34] Barbecue, Love & Oven, and we'll all be
collecting meal stacks because that's
[44:38] part of our normal, like we're not going
to turn it off for that event and
[44:42] confuse patrons in town. The brewery has
said they'll do the same. Okay. Um, this
[44:46] really applies to the two alcohol
vendors that come in.
[44:51] » All right. So, so not even any lost
revenue problems. Okay.
[44:57] » Okay.
>> I'm out. Thank you.
[45:00] » Alan,
>> I'm I'm just going to say
[45:03] that
between Mr. Walker, Mr. Gretzkco, a
[45:08] solution's been arrived at. Vote for the
solution. We can all go home.
[45:15] I know these guys,
>> you know, the comments. I just want to
[45:20] clarify that because we're starting to
talk about meals tack and bricks and
[45:24] mortar and all that kind of stuff. Just
want to clarify that the confusion has
[45:28] been and still is about alcohol being
served without food.
[45:34] All right? So, it's separate than the
food trucks. So, it's a very narrow
[45:39] request we're having here is how we're
treating alcohol that is served without
[45:44] food. And the motion as it stands is a
great motion. I don't need need you to
[45:49] change it. I just need you to understand
that it sounds to me like it's
[45:54] encompassing a little more than what
we're originally came for. It might be
[45:58] creating some confusion. The biggest
concern
[46:02] is alcohol vendors set up at these
events under the umbrella of the chamber
[46:10] selling glasses of alcohol,
not bottles, not factory sealed, just
[46:17] glasses,
>> no food involved. Now I will add you
[46:22] can't you can't confuse this because
these alcohol vendors are licensed by
[46:27] ABC only to sell alcohol. We don't have
three basics. We don't have hand
[46:32] stations. We have none of the VDAX
requirements that require food that are
[46:37] required under food. It is specifically
a glass of beer or a glass of wine that
[46:43] we're talking about. What we're talking
about is pennies of African tax dollars.
[46:50] We're talking about losing thousands of
dollars of business in this town because
[46:57] of pennies of tax dollars because of
interpretation of an ambiguous code. It
[47:05] is very simple at this moment to pause
enforcement of the tax code as it
[47:14] pertains to alcohol vendors
at these events.
[47:20] Then, and I'm sure we were going to get
to this, but I got to go to bed sometime
[47:24] soon.
Then I think it would be beneficial,
[47:31] have town council, members of the
council,
[47:35] legally if you wanted and a member of
the public and I think this is important
[47:39] because a member of public can be your
brick and mort
[47:43] form a committee, review the code line
by line, word by word, punctuation by
[47:48] punctuation,
and clarify all this nonsense at once.
[47:52] But that's going to take you months and
multiple meetings. We don't have time
[47:56] for that. So, if we will just pause the
enforcement of alcohol taxes
[48:03] at these events for the remainder 26, we
are done. And then you guys can set the
[48:10] set the committee up later.
That's all.
[48:14] » Thank you.
>> Thank you. Um,
[48:18] just kind of writing on the cotales of
Mr. Boyce.
[48:23] The scope is a mess. I don't know if
you've since all of this happened, if
[48:27] you've read the code, the code is a
mess. But just to reiterate because I
[48:32] have it here in front of me, what Mr.
Boyce was saying,
[48:37] this is under um 78-117
of the code. meals.
[48:44] Meal means any prepared food or drink
offered or held for sale by a food
[48:49] establishment for the purpose of being
consumed by any person to satisfy. I'm
[48:53] reading from the wrong paragraph,
forgive me. Uh
[49:01] food establishment means any place in or
from which food or food products are
[49:06] prepared, packaged, sold or distributed
in the town. So, for example, when Red
[49:12] Rose Pub is there, if they sell a smash
burger and a beer, they are still
[49:17] collecting tax on that beer.
The the vagueness of this code
[49:25] means
that you could look at it that there's
[49:29] no legal enforcement
for collecting tax. Even from the
[49:34] brewery is a brick and mortar. I I mean
th this is set up specifically to say
[49:40] where food is prepared and served.
[49:44] » Any others?
>> Well, it's been duly discussed
[49:50] second.
[49:57] I think if we go with this and this
might not have but if somebody's paid uh
[50:03] taxes
you know voluntarily
[50:06] I just think from this and the sake for
a fair use so they should be reimbured
[50:11] and and not I just don't think it's fair
they pay taxes they're not getting their
[50:15] money back
>> even if they're doing it voluntary
[50:17] unless you give something in writing say
we voluntarily give our money to do this
[50:23] » can I just chime in so the one vendor
that was referred referred to for May
[50:28] that collected meal staff because they
charged the customer. They can't get
[50:32] reimbursed and they're fine with that.
And I think they're the only person
[50:36] right now that
>> just
[50:38] » Yes. Yeah. And they are totally fine
with it. There's no confusion.
[50:43] » I just don't want to
>> Yeah. I just wanted to coincide with
[50:45] that. The the customer has paid that
tax. The merchant is not any worse off
[50:52] for having paid that. It has to pass
along tax.
[50:55] » I think so. Shouldn't be any refund.
>> I think to all of these points, it's a
[50:59] complicated issue and that's why we're
making this motion so we can discuss it
[51:02] in the future. Okay.
>> Yeah. So,
[51:04] » and do the right thing.
>> Call for the vote ask.
[51:08] I just want to just I just want to make
sure everybody
[51:12] are you doing with
[51:17] call.
>> Okay.
[51:19] » I'm asking the clerk to call the vote.
Everybody else be quiet.
[51:23] » Yes, sir.
>> Okay.
[51:26] Molly Anton,
>> yes, please.
[51:29] » Alex Vet,
>> yes.
[51:30] » Danny Gitsco,
>> yes.
[51:32] » Bill Heen,
>> yes.
[51:33] » Walter Townsen,
>> yes.
[51:35] » And Roger Whitley,
>> yes.
[51:37] » Okay,
>> we're unanimous.
[51:40] » All right. Well, that's it.
Thank everybody for their participation.
[51:44] » Thank you for your time, everybody.
[51:53] difficult
[52:06] right now.