WILMINGTON — In an effort to get Wilmington businesses to pay for or renew the city’s $15 beer and wine privilege license, the city contacted the state’s Alcohol Law Enforcement division with a list of dozens of businesses, although the ALE has no jurisdiction over the city’s ordinances.
The city’s ordinances allow it to require businesses to purchase an annual license to sell wine and beer (as well as to operate a taxi or limousine service). In 2015, state statute prohibited municipalities from requiring any other type of businesses licenses.
The privilege license is separate from the state ABC permit. Compliance with the ordinance is not required for an ABC permit, and ALE does not enforce it (or other city ordinances).
Searchable state records show that every business on Wilmington’s list has active, valid ABC permits (even those that have recently closed).
Wilmington’s “list”
On February 18, the city’s finance department sent a letter to the Jacksonville branch of the ALE, listing 34 Wilmington businesses that had not renewed their city license, some for multiple years.
“The City of Wilmington ordinance states that any business with the sale of beer and/or wine is required to have a current and up to date privilege license. Please be advised the following businesses are not in compliance with the city ordinance,” the letter states.
Following a list of the non-compliant businesses, the letter concludes, “Your attention to this situation is greatly appreciated.”
So, why did Wilmington contact the ALE about something the state agency has no jurisdiction over?
According to city spokesperson Malissa Talbert, the city’s thinking is that businesses that haven’t renewed their city licenses might have also have lapsed ABC permits or other issues.
“This was our way to let them know, this is someone you might want to go to — when you do your inspections, you might want to go to one of these business, and if you do, by the way, they have not renewed their city business license,” Talbert said.
In effect, Talbert said, the city hopes a visit from the ALE might encourage these businesses to come into compliance with the city’s requirements. Talbert noted that the current fine for non-compliance is low, between $5 and $25.
Talbert acknowledged that the city was not basing the letter on whether or not locations had valid ABC permits.
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