Open Containers on Tap in Newberry, City Considers Beer, Wine in Downtown

HIGH SPRINGS ‒ The Newberry City Commission on Nov. 14 approved an ordinance amending the City’s Alcoholic Beverages regulations on first reading in a 4-1 vote with Commissioner Monty Farnsworth casting the dissenting vote citing concerns over liability.

The new law, if passed in a second public hearing, will allow for open consumption of beer and wine within a defined area of downtown Newberry during special events sanctioned by the City. The ordinance limits consumption of beer and wine to that purchased from merchants within the approved zone or a licensed vendor operating within the zone during the special event.

The area specified by this ordinance is a two-block area of the downtown district, plus the area south along the Seaboard Drive right-of-way. City sanctioned events include the Newberry Main Street Organization’s Fall and Spring Festivals, but are not limited to those events.

The special events offering open consumption shall be set by Resolution of the City Commission, either annually for multiple events or on an individual event basis.

Individuals consuming beer and wine in the zone will be identified by some means, such as an event wristband or special “Sip and Shop” cups. The ordinance will also include penalties for violating the Code.

Cottage Industry Permit

In other business, the Commission approved a Cottage Industry Special Permit application by Brittany Huffman, owner of Southeast Perimeter Solutions, Inc., to allow an electrical contractor business ancillary to an existing single-family residence within the Agricultural (A) zoning district.

The approval came in the face of existing violations on site, which are in violation of the criteria for conducting a Cottage Industry. The business has been operating on-site in violation of City Code since at least 2020, more than two additional employees are working at the site, and the accessory structures that support the business are in excess of the 50 percent of residential structure limitation as outlined in the City’s code.  The property is located at 27317 N.W. 78^th Avenue.

“Cottage industries are uses which are also a form of home occupation, but due to the intensity of the use, are only allowed within the Agricultural (A) zoning district,” said Planning and Economic Development Director Bryan Thomas.

Thomas said, “because the business has been operating for several years without complaint from neighbors, staff does not believe that granting this special permit will negatively impact the health, safety and welfare of the residents of the city of Newberry.”

The special permit will sunset in five years and will be reviewed again at that time.

Changes to P&Z and HARB Appointments

Under the direction of the City Commission, City of Newberry staff will be preparing an ordinance changing the appointment process for the Planning and Zoning (P&Z) Board and Historic Architectural Review Board (HARB). Under the new procedure, board member appointments will be reduced to two years as opposed to the three-year terms currently in place, board members will be assigned seat numbers and the mayor will chair both meetings as an ex-officio non-voting member. Openings will continue to be publicly noticed when they become available, but criteria will be developed for the review and ranking. Staff will present their findings to the Commission for a final decision on appointments to both boards. Applicants will still be able to address the Commission prior to the Commission’s vote on board appointments.

Five Percent Salary Increases

The Commission has agreed to five percent salary increases for the city manager and city clerk. Five percent is the highest amount the Commission could approve. It is expected that City staff will provide a resolution at the next Commission meeting to formalize the action.

In other business, Duke Energy has pledged $20,000 toward the $50,000 cost of a feasibility study on an ag-tech business incubator. City Manager Mike New said the City also plans to seek funding from the Department of Economic Opportunity to help make up the rest of the funds needed for the study.

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