[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.

Town Council Special Session September 9, 2026

Transcript