Black Mountain Town Council indicates support for social district

Public hearing continued through May 22

Fred McCormick
The Valley Echo
May 14, 2024

A public hearing considering the creation of a social district in downtown Black Mountain will continue, May 22. Photo by Fred McCormick

A public hearing considering the establishment of a social district in downtown Black Mountain was continued, May 13, as the town council sought additional feedback from the Chamber of Commerce on the proposal’s impact on the Sourwood Festival, Holly Jolly and annual Christmas Parade. 

The meeting will resume in a special call session at 8:30 a.m., Wednesday, May 22.

The proposed text amendment, which would allow consumption of alcoholic beverages in specified containers within a designated zone in the central business district, was presented by Planning Director and Assistant Town Manager Jessica Trotman, who apprised town council members she would not be making a recommendation on the matter.

Social districts were legalized in 2022, under N.C. Session Law 2022-49, authorizing municipalities to designate specific boundaries allowing public consumption of beer, wine or spirits. At least 55 municipalities in the state have established the districts. The law was intended to “boost local businesses, encourage tourism and create vibrant public spaces,” according to the town’s agenda item summary.

Participating businesses would be required to only sell alcoholic beverages for consumption within the zone in a container identifying the permittee that served it. The cups, which may not be glass, would be required to include a logo designating it for use within the social district, and no larger than 16 ounces.

Businesses wishing to opt out of the district would receive stickers alerting potential customers that alcoholic beverages are not permitted on premises.

Town staff, Trotman told to the governing board, is prepared to respond to the requirements of establishing the district if approved. The town would be required to create a litter management and public safety plan to support the district, she added.

The proposal was presented by White Horse Black Mountain Director of Operations Zach Hinkle and local business owner Judi Melton. The idea originated as a way to support a July blues festival, organized by LEAF and White Horse, according to Hinkle.

“I’ve done a lot of due diligence on other townships who have executed social districts, and found the data overwhelmingly supports economic development, while those towns are not seeing an uptake in nefarious behavior associated with the district,” he said.

Hinkle submitted a spreadsheet to the town indicating 61 businesses that support establishing a social district in Black Mountain, with three opposed and 12 undecided, he told the council.

“The town has been incredibly intentional in the way it has grown and supported economic development, but also kept to the soul of the place,” Hinkle said. “This community is incredibly special, and I would never want to do anything to take away from that.”

Melton and Hinkle proposed a district of approximately a quarter of a mile from the corner of State Street and Broadway Avenue. The area would be bordered on the east by Flat Creek Road and Cragmont Road to the west.

Public comments on the proposal were split, with four speaking in favor of creating social districts and four opposed. Black Mountain Police Chief Steve Parker, who was out of town at the time of the hearing, addressed the proposal in a May 8 memo read by Major Chris Kuhn.

While Parker expressed no “serious concerns” to influence his opinion for or against a social district, he raised questions regarding public safety workload and citizen safety.

“My main concern is pedestrian safety on high-volume roadways, specifically I would be highly concerned about Broadway and U.S. 70 being included in a social district,” the memo read. “Another concern would be the increased workload. We would need to be prepared for increased noise complaints and regulatory challenges. We certainly see that over-consumption could become more challenging to gauge and potentially cause more citizen safety issues.”

Without a recommendation from staff, the town council was tasked with what Trotman called a “plug and play” approach to developing parameters for an ordinance if choosing to proceed.

Mayor Mike Sobol, who offered a brief history on the availability of alcohol in Black Mountain, recalling the establishment of its first bar in 1978, was not opposed to the proposal, but did not support opening the district seven days a week.

Councilmember Doug Hay spoke to the town manager of Sylva, which instituted a social district in 2022. The town of approximately 2,600 residents allows people to carry alcoholic beverages in recyclable multi-use metal cups.

“She spoke very highly of the social district in Sylva, that it’s been a very positive thing,” Hay said. “She said that several businesses who opted out in the beginning, opted back in. We also spoke about the cups, which are reusable, so you buy one for $10, take it home with you and bring it back next time you come.”

The size of the proposed district was a concern for Councilmember Ryan Stone.

“Especially from State Street over to North Dougherty, going to Monte Vista and Social House,” he said. “You get a less social atmosphere with less restaurants. Then you have an intersection where we have a history of folks getting injured, unfortunately. So, I have concerns about extending it on that side.”

Stone was not opposed to the idea of a social district, however.

“The history of what we’ve done in this town is to move slow on these kinds of things,” he said. “Some might say ‘too slow,’ but I don’t think there’s anything wrong with that. It allows people to adjust and for us to get better information and better decisions.”

The town council crafted a pilot program for a social district that would include State Street to the north, along Black Mountain Avenue to Vance Avenue to the south, North Dougherty Street to the west and Ridgeway to the east.

Vice Mayor Archie Pertiller, Jr. supported Sobol’s recommendation to limit the days in which the district would operate, proposing an operation from 11 a.m. - 10 p.m., Thursday through Sunday.

The target date to begin the pilot program would be the week of July 1 and would be initially set to run through the end of the year.

With a structure in place, the town council heard from Black Mountain Swannanoa Chamber of Commerce Executive Director Melinda Hester about the ordinance’s potential impact on the upcoming Sourwood Festival, Holly Jolly and Black Mountain Christmas Parade.

“Sourwood planning has gone on at a pretty good pace, so far, we have a pretty active committee,” Hester said. “This would change the flavor of the evet, with 30,000 people and alcohol involved. I don’t have an opinion either way, I’m simply the lead person and a fact gatherer. I would appreciate it if you would be willing to accept input from our chamber board.”

While the town council considered passing the ordinance and excluding those days from the social district, Hay asked town staff to draft an ordinance that could be considered at a future date.

The council continued the hearing, which will resume prior to next week’s budget workshop.