Magic Springs alcohol permit OK’d

Theme park regains permission to sell beer, wine after denial last year

— Magic Springs Water and Theme Park received state approval Wednesday for the sale of on-premise beer and wine at previously permitted venues within the park and at one new location.

The state Alcoholic Beverage Control Board voted 3-1 at a meeting in Little Rock to approve a replacement permit for the park and the new location.

Chairman Thomas Powell cast the single no vote. Commissioners Tony Ellis, Ron Fuller and Martin Silverfield voted yes. Commissioner Jean Hervey was not in the room when the vote was taken.

The permit was formerly held by PARC Management LLC, which was removed as tenant-operator in November 2010. Amusement Management Partners LLC of Jacksonville, Fla., was named manager in January 2011.

The replacement permit was denied by the director of the state’s Alcoholic Beverage Control Division late last year after Hot Springs Mayor Ruth Carney objected.

Permitted sites include Timberwood Amphitheater, The Hideaway, the catering area, Big Kahuna, Ouachita Mountain Barbecue Co. and the Beer Garden. Shark Bites, an eating establishment on the large upper deck serving a season-to-season menu and with no entertainment, is the newest addition to the lineup.

Powell said after the meeting that Magic Springs was already permitted for seven venues, but had only been operating five, and Shark Bites will be the eighth location that can serve beer and wine.

A letter expressing a Hot Springs Board of Directors’ vote Tuesday to “not oppose” beer and wine sales at Magic Springs was hand-delivered Wednesday to the Alcoholic Beverage Control Board by City Director Tom Daniel.

Before testimony started at the hearing Wednesday, Powell told those present that the board’s decision is “binding on all parties but can be appealed to circuit court in either Garland or Pulaski counties.”

“Testimony has to be specific to the case and we will not hear testimony about the evils or morality of alcohol.”

He also said the meeting’s purpose was not to pull, or not approve, the permits that had already been granted to Magic Springs.

Steve Honeycutt, Magic Springs’ general manager, told commissioners that his intention was to “operate the business to the letter of the law.”

He said that security was present at all sites selling alcohol, only one drink at a time could be purchased and “everyone is carded.”

Upon questioning by Fuller, Honeycutt said he has worked at a number of theme parks in the past 35 years, many of which served alcohol, and all operated similarly to Magic Springs.

He also said the park has entertained about 4 million visitors since 2000 and there have been no violations.

Attorney Steve Westerfield, speaking on behalf of those opposed to the permit, asked Honeycutt if there was a danger of people drinking and then visiting other park areas, such as the water park or roller coasters.

Honeycutt said that was the purpose of having security personnel.

“We do everything we can to prevent anyone from doing anything they shouldn’t,” Honeycutt said.

Bob Mathis, a former Hot Springs mayor and former state legislator, said the park is “great ... for our city and they’ve had no problems out there. I take my grandkids to the park and we’ve never had a problem.”

“So your assessment is that there is no danger presented by adding one place?” Fuller asked.

“Absolutely not,” Mathis replied.

David Pate of the Watchmen of Garland County, a faithbased group, spoke against the park’s request.

“We are not anti-Magic Springs, but our concern is that it is a growing thing. Alcohol is not necessary for Magic Springs to survive and the only reason it is being added is for the adults,” Pate said.

The Rev. Tim Forrest, pastor of Walnut Valley Baptist Church, said it would be possible to buy a drink in one venue, then go to the others and possibly end up inebriated.

“And with 4 million visitors, there’s bound to be someone who did something silly, that wasn’t watched as closely as they [park management] thought they were,” Forrest said.

“We can’t make assumptions that something might happen,” Fuller said.

“When you can go from one side of the park to the other in 10 to 15 minutes, why do you need another venue?” Forrest asked. “There isn’t a need for another place. I have concerns about the expansion of the availability [of alcohol].”

“I’m not here to argue for or against alcohol, but against the expansion. I know people who won’t take their families out there anymore because of it,” said the Rev. Ken Carney, pastor of First Church of the Nazarene, who is the Hot Springs’ mayor’s husband.

Fuller asked Ellis to add to the motion overturning the director’s denial that the park work with city law enforcement officials to see what their concerns are. Ellis agreed to amend his motion.

Arkansas, Pages 8 on 03/22/2012

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