FOLEY, Ala. — In spite of arguments to the contrary by members of the bar and club community in Foley, city council members on Tuesday unanimously approved a “last call” for alcohol ordinance that will prohibit clubs, bars and restaurants from selling alcohol on-premises between the hours of 2 a.m. and 6 p.m.

The ordinance was approved by voice vote after a public hearing was held during which the council heard arguments against approving the ordinance from a number of people employed in the bar business. Others who addressed the mayor and council said their businesses would be negatively impacted by the ordinance as well.

Mayor John Koniar announced during the council meeting that a public hearing would be held on the “last call” ordinance prior to the council’s vote on whether or not to approve a second reading of the ordinance. Koniar then read an e-mail from local businessman Randall Allen who, among other things, said he was against the ordinance which would be “detrimental to the community’s growth.”

Terry McMillan, who said he operates five taxis in the area, told the council Foley’s night life has helped the taxi business not only in Foley but Orange Beach and Gulf Shores as well.

“You have something very special here,” McMillan told the council in referring to the city’s night life.

If the “last call” ordinance was approved, McMillan, who said he was representing seven taxi companies, warned that there would be layoffs in the taxi business locally.

He called business “the third dog in this fight,” meaning that the controversy that has arisen over the ordinance during the past several months has essentially been between the Foley Police Department and bar owners, in particular Club Evolution located in south Foley.

Sixto Rivera Jr., who owns Club Evolution, urged the council to, “Let’s keep our economy going.” Rivera has said his club has brought a new level of entertainment to Foley and pulls in tourists from Gulf Shores and Orange Beach, thus generating tax revenues for the city.

On Tuesday, in mentioning his club is frequented by city council members and police chiefs from other cities, Rivera made reference to a toy drive for charity held at Club Evolution during the past Christmas season.

“Why weren’t you there,” he asked the mayor and council. “Police chief, why weren’t you there,” he asked Police Chief David Wilson.

Rivera said “it’s not right” to take away people’s freedoms.

He later asked the council to put the ordinance aside for now and review it in six months.

“I challenge you to join me … and form an alliance … to resolve this,” Rivera told the police chief and council.

Byron Lipscomb, a bartender at Club Evolution, said similar ordinances in Gulf Shores and Orange Beach have “hurt” those cities.

“People in Orange Beach want the ordinance re-written,” Lipscomb told the council.

Justin Miller, also a Club Evolution employee, said working at the club has allowed him to take care of his family. “Try other things before a last call,” he told the council.

Chris Coleman said he grew up in Bibb County, Ala., a dry county, “and they had DUIs. We don’t have a lottery but how many people drive across the state line and buy a lottery ticket?”

GAY ISSUE?

Foley businessman Richard Lowell appeared before the council and addressed a matter that has arisen as a sidebar issue to the “last call” ordinance controversy, namely, whether Club Evolution is a “gay” bar.

Rivera has said Club Evolution isn’t a gay bar even though female impersonators are frequently part of the entertainment. He has said that 70 percent of his customers are heterosexuals.

“I’m as straight as I can be,” Lowell said, noting he and his wife go to Club Evolution.

Lowell said he was disturbed by a comment made at his business by a Foley police officer that Lowell said he wouldn’t identify under any circumstances.

“We’re going to close the queer joint,” Lowell said in quoting the officer.

“We’re not looking at the gay issue. That was improper,” Mayor Koniar said of the police officer’s alleged remarks.

After councilman Ralph Hellmich moved for a second reading of the “last call” ordinance, which was seconded by councilman Rick Blackwell, Hellmich said, “This is not a gay issue; I’m sorry it’s taken that way. It’s a bar issue.”

“The quality of life in Foley and the issue of public safety” have to take precedence, councilman Charlie Ebert III said.

“Why did Gulf Shores and Orange Beach do it” (pass similar ordinances), Blackwell asked. “Probably for the same reason we did.”

The ordinance states that “No person shall sell, offer for sale, or serve any alcoholic beverage for on-premises consumption … within the corporate limits of the City between the hours of 2:00 a.m. and 6:00 a.m. on any day.” The ordinance also states that an alcoholic beverage cannot be consumed at an on-premises facility between the hours of 3 a.m. and 6 a.m.

DUI NUMBERS

During Tuesday’s council meeting, Rivera was critical of Foley Police Department for not making known exact numbers regarding DUIs, what time of the day those arrests were made and which clubs or bars the offending drivers most likely frequented prior to their arrests. According to him, that information was available late last year in connection with the city’s refusal to grant a liquor license to the Pink Pony Club, an establishment with a checkered past that included violence against police officers.

Rivera said he did personal research on the matter and came up with “221” DUIs last year.

In comments made following Tuesday’s council meeting, Police Chief David Wilson thanked the mayor and council for supporting the ordinance.

“Some of the information that they certainly had to take into account was that for the last two years we have averaged approximately 300 DUI arrests a year,” Wilson said.

“That’s only the ones we have caught. Of those numbers, approximately 100 each year have been between the hours of 2 a.m. and 8 a.m. This ordinance will help us reduce DUIs and save lives.”

Wilson pointed out the Foley ordinance “closes loopholes that some bars may try to use by closing their doors at 2 a.m. and continuing on with what they would call a ‘private party.’ Any managers or owners who try that will get themselves and employees into trouble with the law,” he said.

Calling it a “big day for public safety for our citizens and police officers,” Wilson noted that with Foley, Gulf Shores and Orange Beach having the same type of “last call” for alcohol ordinances, it will deter intoxicated drivers from “barhopping” and traveling the roadways in search of a bar that is still open.

Rivera, in comments made in the aftermath of the council meeting, said Club Evolution was the only business being targeted by the new ordinance.

He called what happened at Tuesday’s meeting a “complete violation of the constitutional process” and said the mayor and council were “playing Big Brother” in connection with the ordinance’s approval.

According to Rivera, some of his customers are writing letters to the governor in protest against the ordinance, and he himself is contacting a county commissioner about the matter.

Asked if believed the statements made during the council meeting about this not being a “gay” issue, Rivera said no. In that regard, he said he is contemplating contacting, among others, the American Civil Liberties Union (ACLU).

“There is no love between me and the police chief,” Rivera said.